Vol. 85 Friday, No. 177 September 11, 2020

Pages 56159–56470

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 20:09 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\11SEWS.LOC 11SEWS II Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020

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

.

VerDate Sep 11 2014 20:09 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\11SEWS.LOC 11SEWS III

Contents Federal Register Vol. 85, No. 177

Friday, September 11, 2020

Centers for Medicare & Medicaid Services Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Final Approval of State Underground Storage Tank Program Submissions, and Approvals, 56227–56229 Revisions, Codification, and Incorporation by Reference: Coast Guard West Virginia, 56172–56177 PROPOSED RULES PROPOSED RULES Safety Zone: Air Quality State Implementation Plans; Approvals and Spa Creek, Annapolis, MD, 56186–56189 Promulgations: Idaho; Incorporation by Reference Updates and Rule Revisions, 56196–56198 Commerce Department Kansas; Infrastructure State Implementation Plan See Industry and Security Bureau Requirements for the 2015 Ozone National Ambient See International Trade Administration Air Quality Standard, 56198–56200 See National Oceanic and Atmospheric Administration Missouri; Removal of Control of Emission from Solvent Cleanup Operations, 56193–56196 Committee for Purchase From People Who Are Blind or Authorization of State Hazardous Waste Management Severely Disabled Program Revisions: NOTICES South Carolina, 56200–56207 Procurement List; Additions and Deletions, 56221 Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Defense Acquisition Regulations System Reference: NOTICES West Virginia, 56207 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Environmental Impact Statements; Availability, etc.: Defense Federal Acquisition Regulation Supplement; Weekly Receipt, 56226 Inspection and Receiving Report, 56222–56223 Defense Federal Acquisition Regulation Supplement; Federal Aviation Administration Occupational Safety, Drug-Free Work Force and RULES Related Clauses, 56221–56222 Airworthiness Directives: Defense Federal Acquisition Regulation Supplement; Part Airbus Helicopters, 56161–56162 251, Use of Government Sources by Contractors, Sandia Attitude Indicators, 56159–56161 56223–56224 NOTICES Defense Federal Acquisition Regulation Supplement; Meetings: Transportation, 56224–56225 Drone Advisory Committee, 56286

Defense Department Federal Deposit Insurance Corporation See Defense Acquisition Regulations System NOTICES RULES Meetings; Sunshine Act, 56226 Policy on Organizations that Seek to Represent or Organize Members of the Armed Forces in Negotiations or Collective Bargaining, 56172 Federal Highway Administration NOTICES Education Department Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56286 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Maritime Commission State Lead Agency Record Keeping and Reporting NOTICES Requirements under the Individuals with Disabilities Agreements Filed, 56226–56227 Education Act, 56225 Meetings; Sunshine Act, 56226

Election Assistance Commission Federal Railroad Administration NOTICES NOTICES Meetings; Sunshine Act, 56225–56226 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56286–56288 Energy Department Application: PROPOSED RULES Approval of Discontinuance or Modification of a Railroad Energy Conservation Program: Signal System, 56288–56289 Energy Conservation Standards for Clothes Washers and Limitation on Claims for Judicial Review of Actions, Clothes Dryers, 56185–56186 56289–56290

VerDate Sep<11>2014 22:14 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\11SECN.SGM 11SECN IV Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Contents

Federal Reserve System Mattresses from the People’s Republic of China, 56216– NOTICES 56219 Change in Bank Control: Polyethylene Terephthalate Film from the People’s Acquisitions of Shares of a Bank or Bank Holding Republic of China, 56214–56215 Company, 56227 Utility Scale Wind Towers from Canada, Indonesia, the Formations of, Acquisitions by, and Mergers of Bank Republic of Korea, and the Socialist Republic of Holding Companies, 56227 Vietnam, 56213 Wooden Bedroom Furniture from the People’s Republic Food and Drug Administration of China, 56212–56213 NOTICES Authorizations and Revocation of Emergency Use of Drugs During the COVID–19 Pandemic; Availability, 56231– Justice Department 56264 NOTICES Determination of Regulatory Review Period for Purposes of Proposed Administrative Settlement Agreement and Order Patent Extension: on Consent for Removal Action: EVERSENSE Continuous Glucose Monitoring System, CERCLA, 56274–56275 56229–56231 Land Management Bureau Foreign Assets Control Office NOTICES NOTICES Plats of Survey: Blocking or Unblocking of Persons and Properties, 56290 Alaska, 56268 Health and Human Services Department See Centers for Medicare & Medicaid Services National Institutes of Health See Food and Drug Administration NOTICES See National Institutes of Health Meetings: See Substance Abuse and Mental Health Services Center for Scientific Review, 56265 Administration Eunice Kennedy Shriver National Institute of Child RULES Health and Human Development, 56265 Control of Communicable Diseases; Foreign Quarantine: National Institute of Diabetes and Digestive and Kidney Suspension of the Right to Introduce and Prohibition of Diseases, 56264–56265 Introduction of Persons into United States from National Institute on Deafness and Other Communication Designated Foreign Countries or Places for Public Disorders, 56265–56266 Health Purposes, 56424–56460 National Oceanic and Atmospheric Administration Homeland Security Department See Coast Guard RULES PROPOSED RULES Magnuson-Stevens Fishery Conservation and Management Collection and Use of Biometrics, 56338–56422 Act Provisions: Regional Fishery Management Council Membership; Housing and Urban Development Department Financial Disclosure and Recusal, 56177–56184 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Pacific Island Fisheries: Submissions, and Approvals: Interim Measures for American Samoa Bottomfish, Evaluation of Cohort 1 of the Moving to Work 56208–56211 Demonstration Program Expansion, 56266–56268 NOTICES Application: Industry and Security Bureau Marine Mammals; File No. 23858, 56220–56221 RULES Meetings: Wassenaar Arrangement 2018 Plenary Decisions Evaluation of National Estuarine Research Reserve, Implementation: 56219–56220 Revisions Related to National Security Controls, 56294– Evaluation of State Coastal Management Program, 56220 56335 Permit: Marine Mammals; File No. 22629, 56219 Interior Department See Land Management Bureau National Park Service See National Park Service NOTICES Inventory Completion: International Trade Administration Michigan State University, East Lansing, MI, 56269– RULES 56274 Steel Import Monitoring and Analysis System, 56162–56172 NOTICES Antidumping or Countervailing Duty Investigations, Orders, National Science Foundation or Reviews: NOTICES Certain Oil Country Tubular Goods from India, 56213– Meetings: 56214 Committee on Equal Opportunities in Science and Crystalline Silicon Photovoltaic Products from the Engineering, 56275 People’s Republic of China and Taiwan, 56215– Senior Executive Service Performance Review Board 56216 Membership, 56275

VerDate Sep<11>2014 22:14 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\11SECN.SGM 11SECN Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Contents V

Nuclear Regulatory Commission Surface Transportation Board NOTICES NOTICES Agency Information Collection Activities; Proposals, Abandonment Exemption: Submissions, and Approvals: Consolidated Rail Corp., Hudson County, NJ, 56285– Collection of Operator Simulator Training Data, 56277– 56286 56278 Part 20 Respirator Protection Exemption Request for Non- Transportation Department Power Reactors/RTR And Part 20 Respirator See Federal Aviation Administration Protection Exemption Request for Power Reactors See Federal Highway Administration Online Forms, 56279–56281 See Federal Railroad Administration Solicitation of Non-Power Reactor Operator Licensing Examination Data, 56278–56279 Treasury Department Development of Strategic Plan for Fiscal Years 2022 See Foreign Assets Control Office through 2026, 56275–56277 Intent and Scope of the Physical Protection Upgrade Rule Veterans Affairs Department Requirements for Fixed Sites, 56281 PROPOSED RULES Aggravation Definition, 56189–56192 Postal Regulatory Commission NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Periodic Reporting, 56192–56193 Submissions, and Approvals: Lay/Witness Statement, 56290–56291 Presidential Documents PROCLAMATIONS Special Observances: Separate Parts In This Issue Labor Day (Proc. 10069), 56461–56464 ADMINISTRATIVE ORDERS Part II Terrorist Attacks; Continuation of National Emergency Commerce Department, Industry and Security Bureau, (Notice of September 10, 2020), 56465–56467 56294–56335 U.S. Elections, Foreign Interference and Undermining of Public Confidence; Continuation of National Part III Emergency (Notice of September 10, 2020), 56469– Homeland Security Department, 56338–56422 56470 Part IV Securities and Exchange Commission Health and Human Services Department, 56424–56460 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Part V MIAX PEARL, LLC, 56281–56284 Presidential Documents, 56461–56464

Social Security Administration Part VI NOTICES Presidential Documents, 56465–56467, 56469–56470 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56284–56285 Reader Aids Substance Abuse and Mental Health Services Consult the Reader Aids section at the end of this issue for Administration phone numbers, online resources, finding aids, and notice NOTICES of recently enacted public laws. Certified Laboratories and Instrumented Initial Testing To subscribe to the Federal Register Table of Contents Facilities: electronic mailing list, go to https://public.govdelivery.com/ List of Facilities which Meet Minimum Standards to accounts/USGPOOFR/subscriber/new, enter your e-mail Engage in Urine and Oral Fluid Drug Testing for address, then follow the instructions to join, leave, or Federal Agencies, 56266 manage your subscription.

VerDate Sep<11>2014 22:14 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\11SECN.SGM 11SECN VI Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 10069...... 56463 Administrative Orders: Notices: Notice of September 10, 2020 ...... 56467 Notice of September 10, 2020 ...... 56469 8 CFR Proposed Rules: 1...... 56338 103...... 56338 204...... 56338 207...... 56338 208...... 56338 209...... 56338 210...... 56338 212...... 56338 214...... 56338 215...... 56338 216...... 56338 235...... 56338 236...... 56338 240...... 56338 244...... 56338 245...... 56338 245a...... 56338 264...... 56338 287...... 56338 316...... 56338 333...... 56338 335...... 56338 10 CFR Proposed Rules: 430...... 56185 14 CFR 39 (2 documents) ...... 56159, 56161 15 CFR 743...... 56294 772...... 56294 774...... 56294 19 CFR 360...... 56162 32 CFR 143...... 56172 33 CFR Proposed Rules: 165...... 56186 38 CFR Proposed Rules: 3...... 56189 39 CFR Proposed Rules: 3050...... 56192 40 CFR 282...... 56172 Proposed Rules: 52 (3 documents) ...... 56193, 56196, 56198 271...... 56200 282...... 56207 42 CFR 71...... 56424 50 CFR 600...... 56177 Proposed Rules: 665...... 56208

VerDate Sep 11 2014 20:38 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\11SELS.LOC 11SELS 56159

Rules and Regulations Federal Register Vol. 85, No. 177

Friday, September 11, 2020

This section of the FEDERAL REGISTER • Mail: U.S. Department of with multiple displays, the pilot may be contains regulatory documents having general Transportation, Docket Operations, M– provided with conflicting information, applicability and legal effect, most of which 30, West Building Ground Floor, Room but will have no way to determine are keyed to and codified in the Code of W12–140, 1200 New Jersey Avenue SE, which display contains the correct data. Federal Regulations, which is published under Washington, DC 20590. This condition, if not addressed, 50 titles pursuant to 44 U.S.C. 1510. • Hand Delivery: Deliver to Mail could result in aeronautical decision- The Code of Federal Regulations is sold by address above between 9 a.m. and 5 making based on erroneous attitude the Superintendent of Documents. p.m., Monday through Friday, except information, which may result in loss of Federal holidays. control of the aircraft.

DEPARTMENT OF TRANSPORTATION Examining the AD Docket FAA’s Determination You may examine the AD docket on The FAA is issuing this AD after Federal Aviation Administration the internet at https:// evaluating all the relevant information www.regulations.gov by searching for and determining the unsafe condition 14 CFR Part 39 and locating Docket No. FAA–2020– described previously is likely to exist or [Docket No. FAA–2020–0794; Project 0794; or in person at Docket Operations develop in other products of the same Identifier AD–2020–01232–Q; Amendment between 9 a.m. and 5 p.m., Monday type design. 39–21249; AD 2020–18–51] through Friday, except Federal holidays. AD Requirements The AD docket contains this final rule, RIN 2120–AA64 any comments received, and other This AD requires, before further flight, information. The street address for revising the existing AFM for your Airworthiness Directives; Sandia airplane to prohibit operation under IFR Attitude Indicators Docket Operations is listed above. Comments will be available in the AD or night VFR and prohibit coupling the AGENCY: Federal Aviation docket shortly after receipt. autopilot with an affected attitude Administration (FAA), DOT. indicator. FOR FURTHER INFORMATION CONTACT: John Revising the existing AFM for your ACTION: Final rule; request for Felton, Aerospace Engineer, Fort Worth airplane may be performed by the comments. ACO Branch, Compliance & owner/operator (pilot) holding at least a Airworthiness Division, FAA, 10101 private pilot certificate. This SUMMARY: The FAA is adopting a new Hillwood Pkwy., Fort Worth, TX 76177; airworthiness directive (AD) for certain authorization is an exception to our telephone 817–222–5171; email standard maintenance regulations. The Sandia attitude indicators (attitude [email protected]. indicators). This AD was sent pilot must record compliance with this SUPPLEMENTARY INFORMATION: previously to all known U.S. owners AD in the aircraft maintenance records and operators of aircraft with these Discussion in accordance with 14 CFR 43.9(a)(1) through (4) and 14 CFR 91.417(a)(2)(v). attitude indicators installed. This AD On August, 28, 2020, the FAA issued requires revising the existing Airplane The record must be maintained as Emergency AD 2020–18–51 (Emergency required by 14 CFR 91.417. This Flight Manual (AFM) for your airplane AD 2020–18–51) for attitude indicator to prohibit operation under instrument authority is not applicable to aircraft part number (P/N) 306171–10 or being operated under 14 CFR part 119. flight rules (IFR) or night visual flight 306171–20. Emergency AD 2020–18–51 rules (VFR) and prohibit coupling the requires revising the existing AFM for Interim Action autopilot with an affected attitude your airplane to prohibit operation indicator. This AD was prompted by The FAA considers this AD interim under IFR or night VFR and prohibit action. If final action is later identified, reports of 54 failed attitude indicators. coupling the autopilot with an affected The FAA is issuing this AD to address the FAA might consider further attitude indicator. These part-numbered rulemaking then. the unsafe condition on these products. attitude indicators may be marked as DATES: This AD is effective September BendixKing Model KI–300 or Sandia FAA’s Justification and Determination 28, 2020 to all persons except those Model SAI–340A. of the Effective Date persons to whom it was made Emergency AD 2020–18–51 was An unsafe condition exists that immediately effective by Emergency AD prompted by a report of three failed required the immediate adoption of 2020–18–51, issued on August 28, 2020, attitude indicator P/N 306171–10 units. Emergency AD 2020–18–51, issued on which contains the requirements of this Following the initial report, an August 28, 2020, to all known U.S. AD. investigation revealed a total of 54 failed owners and operators of aircraft with The FAA must receive comments on attitude indicator P/N 306171–10 units. attitude indicator P/N 306171–10 or this AD by October 26, 2020. Attitude indicator P/N 306171–20 is 306171–20 installed. The FAA found ADDRESSES: You may send comments, affected by the same unsafe condition that the risk to the flying public justified using the procedures found in 14 CFR because it is identical to P/N 306171– waiving notice and comment prior to 11.43 and 11.45, by any of the following 10. The effect of the failure was adoption of this rule because the methods: erroneous attitude data provided to the required corrective actions must be • Federal eRulemaking Portal: Go to pilot and autopilot, if equipped. In some completed before further flight. These https://www.regulations.gov. Follow the instances, the pilot is unaware that the conditions still exist and the AD is instructions for submitting comments. data is erroneous or unreliable. In other hereby published in the Federal • Fax: 202–493–2251. instances, where the aircraft is equipped Register as an amendment to section

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56160 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

39.13 of the Federal Aviation specifically designated as CBI will be (2) Will not affect intrastate aviation Regulations (14 CFR 39.13) to make it placed in the public docket for this in Alaska to the extent that it justifies effective to all persons. Therefore, the rulemaking. making a regulatory distinction. FAA finds good cause that notice and Regulatory Flexibility Act List of Subjects in 14 CFR Part 39 opportunity for prior public comment are impracticable. In addition, for the The requirements of the Regulatory Air transportation, Airplane, Aviation reason stated above, the FAA finds that Flexibility Act (RFA) do not apply when safety, Incorporation by reference, good cause exists for making this an agency finds good cause pursuant to Safety. amendment effective in less than 30 5 U.S.C. 553 to adopt a rule without Adoption of the Amendment days. prior notice and comment. Because FAA Accordingly, under the authority has determined that it has good cause to Comments Invited delegated to me by the Administrator, adopt this rule without notice and the FAA amends 14 CFR part 39 as This AD is a final rule that involves comment, RFA analysis is not required. requirements affecting flight safety and follows: was not preceded by notice and an Costs of Compliance opportunity for public comment. PART 39—AIRWORTHINESS The FAA estimates that this AD However, the FAA invites you to send DIRECTIVES affects 1,211 units installed on aircraft any written data, views, or arguments of U.S. Registry. Labor rates are ■ 1. The authority citation for part 39 about this final rule. Send your continues to read as follows: comments to an address listed under the estimated at $85 per work-hour. Based on these numbers, the FAA estimates ADDRESSES section. Include the Docket Authority: 49 U.S.C. 106(g), 40113, 44701. that operators may incur the following Number FAA–2020–0794 and Project § 39.13 [Amended] Identifier AD–2020–01232–Q at the costs in order to comply with this AD. beginning of your comments. The FAA Revising the existing AFM for your ■ 2. The FAA amends § 39.13 by adding will consider all comments received by airplane takes about 0.5 work-hour for the following new airworthiness the closing date and may amend this an estimated cost of $43 per aircraft and directive (AD): final rule because of those comments. $52,073 for the U.S. fleet. 2020–18–51 Sandia Attitude Indicator: Except for Confidential Business Authority for This Rulemaking Amendment 39–21249; Docket No. Information as described in the FAA–2020–0794; Project Identifier AD– following paragraph, and other Title 49 of the United States Code 2020–01232–Q. information as described in 14 CFR specifies the FAA’s authority to issue (a) Effective Date 11.35, the FAA will post all comments rules on aviation safety. Subtitle I, This AD is effective September 28, 2020 to received, without change, to https:// section 106, describes the authority of all persons except those persons to whom it www.regulations.gov, including any the FAA Administrator. Subtitle VII: was made immediately effective by personal information you provide. The Aviation Programs describes in more Emergency AD 2020–18–51, issued on FAA will also post a report detail the scope of the Agency’s August, 28, 2020, which contains the summarizing each substantive verbal authority. requirements of this AD. contact received about this final rule. The FAA is issuing this rulemaking (b) Affected ADs Confidential Business Information under the authority described in None. Subtitle VII, Part A, Subpart III, Section Confidential Business Information 44701: General requirements. Under (c) Applicability (CBI) is commercial or financial that section, Congress charges the FAA This AD applies to Sandia attitude information that is both customarily and with promoting safe flight of civil indicator (attitude indicator) part number actually treated as private by its owner. aircraft in air commerce by prescribing 306171–10 and 306171–20. These attitude Under the Freedom of Information Act regulations for practices, methods, and indicators may be marked as BendixKing (FOIA) (5 U.S.C. 552), CBI is exempt Model KI–300 or Sandia Model SAI–340A. procedures the Administrator finds from public disclosure. If your They may be installed on airplanes necessary for safety in air commerce. comments responsive to this final rule certificated in any category. This regulation is within the scope of contain commercial or financial that authority because it addresses an (d) Subject information that is customarily treated unsafe condition that is likely to exist or Joint Airplane Service Component (JASC) as private, that you actually treat as develop on products identified in this Code: 3420, Attitude and Direction Data private, and that is relevant or rulemaking action. System. responsive to this final rule, it is important that you clearly designate the Regulatory Findings (e) Unsafe Condition submitted comments as CBI. Please This AD was prompted by reports of 54 mark each page of your submission This AD will not have federalism failed attitude indicators, which produced containing CBI as ‘‘PROPIN.’’ The FAA implications under Executive Order erroneous attitude data to the pilot and autopilot, if equipped. The FAA is issuing will treat such marked submissions as 13132. This AD will not have a substantial direct effect on the States, on this AD to prevent aeronautical decision- confidential under the FOIA, and they making based on erroneous attitude will not be placed in the public docket the relationship between the national government and the States, or on the information, which may result in loss of of this final rule. Submissions control of the airplane. containing CBI should be sent to John distribution of power and (f) Compliance Felton, Aerospace Engineer, Fort Worth responsibilities among the various ACO Branch, Compliance & levels of government. Comply with this AD within the Airworthiness Division, FAA, 10101 For the reasons discussed above, I compliance times specified, unless already done. Hillwood Pkwy., Fort Worth, TX 76177; certify that this AD: telephone 817–222–5171; email (1) Is not a ‘‘significant regulatory (g) Required Actions [email protected]. Any commentary action’’ under Executive Order 12866, (1) Before further flight, revise the that the FAA receives which is not and limitations section of the existing Airplane

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56161

Flight Manual for your airplane by inserting DEPARTMENT OF TRANSPORTATION part 39 by removing AD 2015–17–01, a copy of this AD or by making pen and ink Amendment 39–18234 (80 FR 50554, changes to add: Federal Aviation Administration August 20, 2015) (‘‘AD 2015–17–01’’), (i) ‘‘Operation under Instrument Flight that applied to certain Airbus Rules or night Visual Flight Rules is 14 CFR Part 39 Helicopters Model AS350B, AS350BA, prohibited.’’ [Docket No. FAA–2020–0463; Product AS350B1, AS350B2, AS350B3, AS350C, (ii) ‘‘Coupling the autopilot with Sandia Identifier 2013–SW–041–AD; Amendment AS350D, AS350D1, AS355E, AS355F, attitude indicator part number 306171–10 or 39–21246; AD 2015–17–01R1] AS355F1, AS355F2, AS355N, and 306171–20 is prohibited. These attitude AS355NP helicopters. The NPRM indicators may be marked as BendixKing RIN 2120–AA64 published in the Federal Register on Model KI 300 or Sandia Model SAI 340A.’’ June 12, 2020 (85 FR 35814). The NPRM (2) The action required by paragraph (g)(1) Airworthiness Directives; Airbus Helicopters was prompted by a determination that of this AD may be performed by the owner/ AD 2015–17–01 is no longer necessary operator (pilot) holding at least a private pilot AGENCY: Federal Aviation because the unsafe condition no longer certificate and must be entered into the Administration (FAA), DOT. exists on Model AS350 and AS355 aircraft records showing compliance with ACTION: Final rule; removal of helicopters. The NPRM proposed to this AD in accordance with 14 CFR 43.9(a)(1) airworthiness directive (AD). remove AD 2015–17–01. The FAA is through (4) and 14 CFR 91.417(a)(2)(v). The issuing this AD to remove AD 2015–17– record must be maintained as required by 14 SUMMARY: The FAA is removing AD 01. CFR 91.417. This authority is not applicable 2015–17–01, which applied to certain to aircraft being operated under 14 CFR part Airbus Helicopters Model AS350B, Comments 119. AS350BA, AS350B1, AS350B2, The FAA gave the public the (h) Special Flight Permits AS350B3, AS350C, AS350D, AS350D1, opportunity to participate in developing AS355E, AS355F, AS355F1, AS355F2, Special flight permits are prohibited. this final rule. The FAA has considered AS355N, and AS355NP helicopters. AD the comment received. Mr. Warren (i) Alternative Methods of Compliance 2015–17–01 required inspections of LaBare indicated support for the NPRM. (AMOCs) each tail rotor pitch horn assembly Conclusion (1) The Manager, Fort Worth ACO Branch, (pitch horn) for a crack, replacement of FAA, has the authority to approve AMOCs a cracked pitch horn, and a repetitive The FAA reviewed the relevant data, for this AD, if requested using the procedures visual inspection of certain pitch horns. considered the comment received, and found in 14 CFR 39.19. In accordance with AD 2015–17–01 is no longer necessary determined that air safety and the 14 CFR 39.19, send your request to your because the cause of the unsafe public interest require adopting this principal inspector or local Flight Standards condition has been removed from all final rule as proposed, except for minor District Office, as appropriate. If sending affected helicopter models. Accordingly, editorial changes. The FAA has information directly to the manager of the the FAA is removing AD 2015–17–01. determined that these minor changes: certification office, send it to the attention of DATES: This AD becomes effective • Are consistent with the intent that the person identified in paragraph (j) of this September 11, 2020. was proposed in the NPRM for AD. Information may be emailed to: 9- ADDRESSES: addressing the unsafe condition; and [email protected]. • Do not add any additional burden Examining the AD Docket (2) Before using any approved AMOC, upon the public than was already notify your appropriate principal inspector, You may examine the AD docket on proposed in the NPRM. or lacking a principal inspector, the manager the internet at https:// of the local flight standards district office/ www.regulations.gov by searching for Costs of Compliance certificate holding district office. and locating Docket No. FAA–2020– This AD adds no cost. This AD (j) Related Information 0463; or in person at Docket Operations removes AD 2015–17–01 from 14 CFR For further information about this AD, between 9 a.m. and 5 p.m., Monday part 39; therefore, operators are no contact: John Felton, Aerospace Engineer, through Friday, except Federal holidays. longer required to show compliance Fort Worth ACO Branch, Compliance & The AD docket contains this final rule, with that AD. any comments received, and other Airworthiness Division, FAA, 10101 Authority for This Rulemaking Hillwood Pkwy., Fort Worth, TX 76177; information. The address for Docket telephone 817–222–5171; email john.felton@ Operations is U.S. Department of Title 49 of the United States Code faa.gov. Transportation, Docket Operations, M– specifies the FAA’s authority to issue 30, West Building Ground Floor, Room rules on aviation safety. Subtitle I, Issued on September 4, 2020. W12–140, 1200 New Jersey Avenue SE, Section 106, describes the authority of Gaetano A. Sciortino, Washington, DC 20590. the FAA Administrator. Subtitle VII, Deputy Director for Strategic Initiatives, FOR FURTHER INFORMATION CONTACT: Matt Aviation Programs, describes in more Compliance & Airworthiness Division, Fuller, AD Program Manager, Continued detail the scope of the Agency’s Aircraft Certification Service. Operational Safety Branch, authority. [FR Doc. 2020–20049 Filed 9–10–20; 8:45 am] Airworthiness Products Section, The FAA is issuing this rulemaking BILLING CODE 4910–13–P General Aviation and Rotorcraft Unit, under the authority described in FAA, 10101 Hillwood Pkwy., Fort Subtitle VII, Part A, Subpart III, Section Worth, TX 76177; telephone 817–222– 44701, General requirements. Under 5110; email [email protected]. that section, Congress charges the FAA SUPPLEMENTARY INFORMATION: with promoting safe flight of civil aircraft in air commerce by prescribing Discussion regulations for practices, methods, and The FAA issued a notice of proposed procedures the Administrator finds rulemaking (NPRM) to amend 14 CFR necessary for safety in air commerce.

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56162 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

This regulation is within the scope of 350A121368.02, 350A121368.03, or modernizing the SIMA system, that authority. 350A121368.04, with a pitch horn, P/N including both the online license 350A121368.XX, where XX stands for a two- application platform and the public Regulatory Findings digit dash number, installed. The pitch horn SIMA monitor. This AD will not have federalism may be marked with either the pitch horn assembly P/N or pitch horn P/N. DATES: implications under Executive Order Effective date: October 13, 2020. 13132. This AD will not have a (d) Related Information Applicability date: All licenses substantial direct effect on the States, on For more information about this AD, requested on or after October 13, 2020, the relationship between the national contact Matt Fuller, AD Program Manager, must meet the requirements of this rule government and the States, or on the Continued Operational Safety Branch, and utilize the online license distribution of power and Airworthiness Products Section, General application platform on the new SIMA responsibilities among the various Aviation and Rotorcraft Unit, FAA, 10101 system website. Licenses requested on Hillwood Pkwy., Fort Worth, TX 76177; levels of government. or before October 9, 2020, must meet the For the reasons discussed above, I telephone 817–222–5110; email [email protected]. requirements of the existing SIMA certify that this AD: system and utilize the online license (1) Is not a ‘‘significant regulatory Issued on September 3, 2020. application platform on the existing action’’ under Executive Order 12866, Lance T. Gant, SIMA system website. The existing (2) Will not affect intrastate aviation Director, Compliance & Airworthiness SIMA system website will no longer be in Alaska, and Division, Aircraft Certification Service. operational beginning on October 10, (3) Will not have a significant [FR Doc. 2020–20001 Filed 9–10–20; 8:45 am] 2020, and the new SIMA system website economic impact, positive or negative, BILLING CODE 4910–13–P will not be operational until October 13, on a substantial number of small entities 2020. Therefore, no licenses can be under the criteria of the Regulatory obtained via the online license Flexibility Act. DEPARTMENT OF COMMERCE application platform from October 10 List of Subjects in 14 CFR Part 39 through October 12, 2020. For International Trade Administration information on registering for the new Air transportation, Aircraft, Aviation SIMA system and obtaining licenses safety, Incorporation by reference, 19 CFR Part 360 manually from October 10 through 12, Safety. [Docket No. 200806–0208] 2020, see the SUPPLEMENTARY Adoption of the Amendment INFORMATION. RIN 0625–AB17 Accordingly, under the authority ADDRESSES: The existing SIMA system delegated to me by the Administrator, Steel Import Monitoring and Analysis website that will be operational until the FAA amends 14 CFR part 39 as System October 9, 2020 is https:// follows: enforcement.trade.gov/steel/license/. AGENCY: Enforcement and Compliance, From October 10–12, 2020, Commerce PART 39—AIRWORTHINESS International Trade Administration, will accept manual applications in DIRECTIVES Department of Commerce. emergency situations identified above to ACTION: Final rule. the following email address: ■ 1. The authority citation for part 39 [email protected]. continues to read as follows: SUMMARY: In this final rule, U.S. The new SIMA system website that Authority: 49 U.S.C. 106(g), 40113, 44701. Department of Commerce (Commerce) is will be operational on October 13, 2020 modifying its regulations pertaining to is https://www.trade.gov/steel. Through § 39.13 [Amended] the Steel Import Monitoring and this website, potential license ■ 2. The FAA amends § 39.13 by Analysis (SIMA) system to require steel applicants can register for the new removing Airworthiness Directive (AD) import license applicants to identify the online license application platform and 2015–17–01, Amendment 39–18234 (80 country where the steel used in the apply for licenses. Additionally, the FR 50554, August 20, 2015), and adding manufacture of the imported steel public SIMA monitor is also featured on the following new AD: product was melted and poured (the this website. 2015–17–01R1 Airbus Helicopters: country of melt and pour); clarify how More information can be found at Amendment 39–21246; Docket No. certain import data collected from the https://www.trade.gov/updates-steel- FAA–2020–0463; Product Identifier licenses will be aggregated and reported import-licensing. To assist with the 2013–SW–041–AD. on the public SIMA monitor; harmonize transition to the modernized SIMA the scope of steel products subject to the system, Commerce is offering a virtual (a) Effective Date SIMA licensing requirement with the demonstration of the online license This AD is effective September 11, 2020. scope of steel products subject to application platform for potential (b) Affected ADs Section 232 tariffs; extend the SIMA license applicants. Commerce also is This AD replaces AD 2015–17–01, system indefinitely by eliminating the offering a demonstration of the new Amendment 39–18234 (80 FR 50554, August regulatory provision concerning the modernized public SIMA monitor, 20, 2015). duration of the SIMA system; and codify which is available to the general public. eligibility for use of the low-value Commerce will have a limited number (c) Applicability license for certain steel entries up to of spots available to participate in the This AD applies to Airbus Helicopters $5,000. In addition, Commerce is demonstrations, that will occur prior to Model AS350B, AS350BA, AS350B1, making corresponding changes to the the effective date of this rule. For AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, public SIMA monitor that do not require specific dates and times of the AS355F2, AS355N, and AS355NP regulatory modifications and amending demonstrations, and to participate in helicopters, certificated in any category, with the steel import license application to the demonstrations, please visit https:// tail rotor hub pitch horn (pitch horn) include a new field for the country of www.trade.gov/updates-steel-import- assembly, part number (P/N) 350A121368.01, melt and pour. Finally, Commerce is licensing.

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56163

FOR FURTHER INFORMATION CONTACT: Julie to sections 201 and 203 of the 1974 301(a) and 302), and expand the Al-Saadawi at (202) 482–1930, Brandon Trade Act, as amended (19 U.S.C. 2251 coverage of the system to include all Custard (202) 482–1823, or Jessica Link and 2253), Proclamation 7529 basic steel mill products, while also at (202) 482–1411. implemented safeguard measures with removing certain downstream steel 8 SUPPLEMENTARY INFORMATION: respect to certain imported steel products. Commerce also provided an products, placing temporary tariffs on exception to the requirement for Background these steel imports and requiring the obtaining a unique license for each CBP On May 17, 2019, the United States Secretary of Commerce to establish a entry where the total value of the announced joint understandings with system of import licensing to facilitate covered steel portion of an entry was Canada and Mexico, respectively, the monitoring of these steel imports. less than $250 (i.e., the low-value concerning trade in steel covered by the Accordingly, on July 18, 2002, license).9 Commerce explained that the action taken pursuant to Section 232 of Commerce issued and requested public purpose of the SIMA system is to the Trade Expansion Act of 1962, as comment on a proposed rule to establish provide statistical data on steel imports amended. Among other things, the a steel licensing system requiring all entering the United States seven weeks understandings call for the monitoring importers of the covered steel products earlier than is otherwise publicly of steel trade between the United States to obtain a license from Commerce prior available, and that the data collected on and Canada and Mexico, respectively. to completing CBP entry summary the licenses are made available to the Consistent with the joint documentation.3 This monitoring tool public in an aggregated form weekly understandings, and to enhance U.S. ensured that the effectiveness of the after Commerce review.10 Government monitoring and analysis of border measure was not undermined by On December 5, 2005, Commerce steel imports more generally, Commerce large quantities of imports originating published a final rule that did not make 11 published a proposed rule on March 30, from countries that were excluded from any changes to the interim final rule. 2020 (85 FR 17515), to enhance its the tariffs. On December 31, 2002, However, in light of certain comments, existing SIMA system to allow for the Commerce issued a final rule Commerce agreed to a discrete change to effective and timely monitoring of implementing the Steel Import the SIMA system via its public SIMA Licensing and Surge Monitoring monitor that did not require regulatory import surges of specific steel products 12 which will aid in the prevention of program, which was codified at 19 CFR changes. 4 The SIMA system was subsequently transshipment of steel products. part 360. Subsequently, Presidential extended several times through the The SIMA System Proclamation 7741 of December 4, 2003 rulemaking process, with the most terminated the steel safeguard measures, recent extension of the SIMA system The purpose of the SIMA system is to 13 provide steel producers, steel but directed the Secretary of Commerce continuing until March 21, 2022. consumers, importers, and the general to continue the monitoring system until Therefore, unless further extended, the public with accurate and timely the earlier of March 21, 2005, or such SIMA system is set to expire on March time as the Secretary of Commerce 21, 2022.14 information on anticipated imports of 5 certain steel products into the United established a replacement program. On Section 232 Tariffs on Steel Imports States. Steel import licenses, issued December 9, 2003, Commerce published a notice stating that the system would Presidential Proclamation 9705 of through the online SIMA licensing March 8, 2018, which was issued system, are required by U.S. Customs continue in effect as described in Proclamation 7741 until March 21, pursuant to Section 232 of the Trade and Border Protection (CBP or Customs) 2005.6 On August 25, 2004, Commerce Expansion Act of 1962, as amended, for filing entry summary documentation published an advanced notice of adjusted imports of steel articles by for imports of certain steel mill products proposed rulemaking soliciting imposing a 25 percent ad valorem tariff into the United States.1 Through the comments on whether to continue the on certain steel articles imported from monitoring tool, certain import data SIMA system (formerly known as the most countries, to address the collected from the steel licenses are Steel Import Licensing and Surge threatened impairment to the national aggregated and reported on the public Monitoring System) beyond March 21, security of the United States by such SIMA monitor website on a monthly 2005, and whether the system should be imports from those countries.15 basis, and are refreshed each week. The modified.7 Presidential Proclamation 9711 of public SIMA monitor provides valuable Commerce determined that there March 22, 2018 amended certain aspects data regarding certain steel mill imports continued to be a need to collect import of Presidential Proclamation 9705, into the United States as early as data, and published an interim final rule possible and makes such data available revising 19 CFR part 360 to extend the 8 Steel Import Monitoring and Analysis System, to the public approximately five weeks SIMA system for four years under the Interim Final Rule, 70 FR 12133 (Mar. 11, 2005). in advance of official U.S. import authority of the Census Act of 1930, as 9 Id. 10 statistics compiled by the United States amended (the Census Act) (13 U.S.C. Id. Census Bureau (Census). 11 Steel Import Monitoring and Analysis System, The SIMA system has operated under Final Rule, 70 FR 72373 (Dec. 5, 2005). Concerning Certain Steel Products, Memorandum of 12 Id. its current authority since March 11, March 5, 2002, 67 FR 10593 (Mar. 7, 2002). 13 See Steel Import Monitoring and Analysis 2005. Prior to that date, authority for 3 Steel Import Licensing and Surge Monitoring, System, Final Rule, 74 FR 11474 (Mar. 18, 2009) steel import licensing and monitoring Proposed Rule, 67 FR 47338 (July 18, 2002). (extending the SIMA system to March 21, 2013); was derived from Presidential 4 Steel Import Licensing and Surge Monitoring, Steel Import Monitoring and Analysis System, Final Final Rule, 67 FR 79845 (Dec. 31, 2002). Rule, 78 FR 11090 (Feb. 15, 2013) (extending the Proclamation 7529 of March 5, 2002 and 5 To Provide for the Termination of Action Taken SIMA system to March 21, 2017); and Steel Import 2 accompanying memorandum. Pursuant with Regard to Imports of Certain Steel Products, Monitoring and Analysis System, Final Rule, 82 FR Proclamation 7741, 68 FR 68483 (Dec. 8, 2003). 1183 (Jan. 5, 2017) (extending the SIMA system to 1 See 19 CFR 12.145. 6 Steel Import Licensing and Surge Monitoring, 68 March 21, 2022). 2 To Facilitate Positive Adjustment to FR 68594 (Dec. 9, 2003). 14 See 19 CFR 360.105. Competition from Imports of Certain Steel Products, 7 Steel Import Monitoring and Analysis System, 15 Adjusting Imports of Steel into the United Proclamation 7529, 67 FR 10553 (Mar. 7, 2002); Advanced Notice of Proposed Rulemaking, 69 FR States, Proclamation 9705, 83 FR 11625 (Mar. 15, Action Under Section 203 of the Trade Act of 1974 52211 (Aug. 25, 2004). 2018) (Proclamation 9705).

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56164 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

providing for duty exemptions for understandings, the United States and sector in advance of official U.S. import certain countries, including Canada and Canada, and the United States and statistics. Under the system, importers Mexico, which were to expire on May Mexico, agreed to implement effective of certain steel mill products must apply 1, 2018, unless agreement was reached measures to prevent the transshipment for a steel import license through the with respect to a satisfactory alternative of steel products made outside of the online SIMA licensing system, which means to address the threatened United States, Canada, and Mexico, requires the name and address of the impairment to the national security of among other commitments. importer, type of steel product, and the United States by steel imports from Additionally, the joint understandings country of origin of the steel imports, those countries.16 Presidential allow for the countries to establish an along with additional information. This Proclamation 9740 of April 30, 2018, agreed-upon process for monitoring information is detailed at 19 CFR further amended certain aspects of the steel trade between them, and, further, 360.103(c). These licenses are required prior proclamations, continuing the in monitoring for surges, to treat by CBP for filing entry summary duty exemptions for certain countries, products made with steel that is melted documentation for imports of certain including Canada and Mexico, until and poured in North America separately steel mill products into the United June 1, 2018.17 Presidential from products that are not. In light of States. The SIMA system currently does Proclamation 9759 of May 31, 2018, the joint understandings, Presidential not collect information with regard to further amended certain aspects of the Proclamation 9894 of May 19, 2019, the country where the steel used in the prior proclamations, continuing the provided that a satisfactory alternative manufacture of the imported steel duty exemptions for certain countries, means had been agreed upon and, product was melted and poured. which did not include Canada and effective May 21, 2019, steel imports Therefore, consistent with the joint Mexico, on a long-term basis.18 from Canada and Mexico would no understandings, and to enhance U.S. Presidential Proclamation 9772 of longer be subject to Section 232 tariffs.22 Government monitoring and analysis of August 10, 2018, Presidential steel imports more generally, Commerce Proposed Rule Proclamation 9777 of August 29, 2018, is amending the SIMA system to require and Presidential Proclamation 9886 of On March 30, 2020, Commerce identification of the country where the May 16, 2019, further amended certain published a proposed modification of 19 steel used in the manufacture of the aspects of prior proclamations.19 CFR part 360, which governs the SIMA imported steel product is melted and As a result of the aforementioned system.23 Commerce received 15 poured on the license form as an proclamations, effective June 1, 2018, all comments on the Proposed Rule, and we additional requirement to obtain an steel imports from Canada and Mexico address those comments below. The import license. This is also referred to were subject to Section 232 tariffs. Proposed Rule, comments received, and as the ‘‘country of melt and pour.’’ However, Presidential Proclamation this final rule can be accessed using the Commerce is effectuating these changes 9705 provided that any country with Federal eRulemaking portal at http:// by amending § 360.103(c) as well as the which the United States has a security www.regulations.gov/ under Docket SIMA import license application. relationship is welcome to discuss with Number ITA–2019–0008. After Specifically, consistent with the the United States alternative ways to analyzing and carefully considering the Proposed Rule, paragraph (c)(1)(viii) is address the threatened impairment of comments received, we have adopted amended to include reference to the the national security caused by imports the modifications described below and country of melt and pour.24 of steel articles from that country.20 amended Commerce’s regulations Additionally, as explained further Subsequently, on May 17, 2019, the accordingly. below, in light of comments in response United States announced that such to the Proposed Rule, Commerce is Explanation of Regulatory Provisions discussions had yielded joint adopting a definition of ‘‘melt and and Final Modifications understandings with Canada and pour’’ to clarify for license applicants Mexico, respectively, to remove the Commerce amends the SIMA system how to complete this new field. As Section 232 tariffs for steel imports from as discussed below. described above, the joint those countries.21 As part of the joint First, the joint understandings understandings indicate that, in described above provide that, in monitoring for surges of steel imports, 16 Adjusting Imports of Steel Into the United monitoring for surges of steel imports, the United States, Canada, and Mexico States, Proclamation 9711, 83 FR 13361 (Mar. 28, the United States, Canada, and Mexico may treat products made with steel that 2018). may treat products made with steel that 17 Adjusting Imports of Steel Into the United is melted and poured in North America States, Proclamation 9740, 83 FR 20683 (May 7, is melted and poured in North America separately from products that are not. 2018). separately from products that are not. The joint understandings do not further 18 Adjusting Imports of Steel Into the United As discussed further above, the SIMA define country of melt and pour. States, Proclamation 9759, 83 FR 25857 (June 5, system is a critical trade monitoring 2018). Although a definition was not featured 19 Adjusting Imports of Steel Into the United program which collects timely detailed in the Proposed Rule, further defining a States, Proclamation 9772, 83 FR 40429 (Aug. 15, statistics on anticipated steel imports term that was first identified in the 2018); Adjusting Imports of Steel Into the United and provides stakeholders with Proposed Rule for purposes of the final States, Proclamation 9777, 83 FR 45025 (Sept. 4, information about import trends in this 2018); Adjusting Imports of Steel Into the United rule is a logical outgrowth of the States, Proclamation 9886, 84 FR 23421 (May 21, rulemaking process. In addition, several 2019). 22 Adjusting Imports of Steel Into the United commenters requested that a definition 20 States, Proclamation 9894, 84 FR 23987 (May 23, See Proclamation 9705, 83 FR at 11626. be provided to increase clarity and 21 See Joint Statement by the United States and 2019). Canada on Section 232 Duties on Steel and 23 Modification of Regulations Regarding the Steel Aluminum, dated May 17, 2019, available at Import Monitoring and Analysis System, 85 FR 24 Commerce also has made several non- https://ustr.gov/sites/default/files/Joint_Statement_ 17515 (March 30, 2020) (Proposed Rule). On June substantive edits to paragraph (c)(1) as follows: by_the_United_States_and_Canada.pdf; Joint 22, 2020, Commerce published a correction to the Remove the requirement for the filer to provide a Statement by the United States and Mexico on Proposed Rule to clarify CBP requirements for steel fax number in paragraph (c)(1)(ii); amend Section 232 Duties on Steel and Aluminum, dated imports for entry purposes. See Modification of paragraphs (c)(1)(iii) and (xiv) to include missing May 17, 2019, available at https://ustr.gov/sites/ Regulations Regarding the Steel Import Monitoring semicolons; amend paragraph (c)(1)(xii) to include default/files/Joint_Statement_by_the_United_ and Analysis System; Correction, 85 FR 37397 (June Harmonized Tariff Schedule; and redesignate States_and_Mexico.pdf. 22, 2020). remaining paragraphs as necessary.

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56165

consistency for all potentially regulated public to monitor trends in import data, Commerce is removing and reserving entities, and the adopted definition including potential surges and § 360.105 as indicated below, and relies on the suggested language from transshipment, while allowing for making conforming amendments to commenters. In light of this, we believe adequate protection of proprietary data. § 360.104(a). it is necessary and appropriate to adopt Similarly, § 360.104(b) is also amended Fifth, Commerce is amending the definition in the final rule. Existing to clarify that monthly import license § 360.103(f) to codify eligibility for use paragraph (c)(3) is redesignated as data will be updated weekly, as of the low-value license for certain steel paragraph (c)(4), and a newly added appropriate, to allow for the adequate entries from a $250 value to a $5,000 paragraph (c)(3) includes the adopted protection of proprietary data. value to align with current practice. The definition. The definition also will be Third, Commerce is expanding the low-value license is an optional added to the SIMA import license scope of steel products covered by the multiple-use license that allows a application instructions. SIMA system so that it covers all steel company to apply once for a steel Second, various amendments have products subject to Section 232 tariffs.26 import license and use it on multiple been made to § 360.104. As discussed A list of the products covered by the occasions for entries of covered steel above, pursuant to existing § 360.104, SIMA system by Harmonized Tariff products with a limited customs value. certain information obtained from the Schedule (HTS) codes can be obtained A re-usable low-value license number steel licenses is aggregated and reported on the SIMA system website. This will can be obtained with respect to an entry on the public SIMA monitor on a allow for more consistent and complete for which the portion covered by the monthly basis and are refreshed each monitoring for surges and steel licensing requirement is less than week. Consistent with the Proposed transshipment. Commerce is amending the limited amount and may be used by Rule, and after further consideration, § 360.101(a) to indicate that the those companies listed on the license. Commerce is making minor products covered by the SIMA system The low-value license is processed on amendments to § 360.104(a) and (b) to will be listed on the website and the SIMA system website in the same align more closely with Commerce’s identified by HTS codes. The HTS manner as a typical steel license. practice of replacing outdated license codes, which are maintained by the U.S. Commerce’s low-value license data with official U.S. import statistics International Trade Commission, may application form provides that such a compiled by the Census, where be updated periodically to reflect license may apply to covered steel available. Additionally, to avoid revisions to the codes. products with a value of $5,000 or less confusion, Commerce is amending Fourth, Commerce is extending the per entry. Accordingly, Commerce is § 360.104(a) to clarify that aggregate data SIMA system indefinitely by making conforming edits to § 360.103(f) will be reported, as appropriate, by eliminating the regulatory provision, to reflect this requirement. relevant steel mill product ‘‘groupings.’’ § 360.105, which makes the SIMA Beyond the regulatory changes This is a generic term meant to cover system temporary. In the past, identified above, as a result of the both steel mill product ‘‘categories’’ Commerce has considered whether to comments discussed below, Commerce (i.e., at a broader level) and steel mill extend the SIMA system every four also will implement the following sub- product ‘‘groups’’ (i.e., at a more years, which is done under the authority regulatory changes to the public SIMA specific level), as that terminology is of the Census Act (13 U.S.C. 301(a) and monitor that do not require regulatory currently used in the public SIMA 302).27 Although the SIMA system is not modifications: (1) Maintain country of monitor. This differs from the Proposed set to expire until March 21, 2022, melt and pour license data on the public Rule, which misstated the definitions Commerce is extending the system SIMA monitor for a longer period; (2) for steel mill product group and steel indefinitely given that the program is a separate the ‘‘blooms, billets and slabs’’ mill product categories.25 Further, well-established and important trade product group (for both carbon and Commerce is clarifying that aggregate monitoring tool that has strong support alloy and stainless) into two product data will be reported, as appropriate, by from the trade community over its near- groups: ‘‘slab’’ and ‘‘other semi- country of melt and pour, consistent twenty year history.28 Therefore, finished’’ product groups; (3) create with the joint understandings. To avoid three new product groups for line pipe confusion, Commerce has streamlined 26 See Proposed Rule, 85 FR at 17520 (providing corresponding to three different the eight additional HTS codes at Appendix I). To diameters of line pipe; and (4) create a the language from the Proposed Rule on clarify, this covers the steel products subject to this point. Therefore, § 360.104(a) is Section 232 tariffs as announced on March 15, new product group ‘‘Other Rails and amended to state that aggregate data will 2018. See Adjusting Imports of Steel into the United Railroad Accessories’’ to reflect the be reported, as appropriate, on a States, Proclamation 9705, 83 FR 11625 (Mar. 15, inclusion of certain additional HTS 2018). Although Section 232 tariffs were recently codes subject to Section 232 tariffs. In monthly basis by country of origin, imposed on steel derivative products, such country of melt and pour, and relevant products are not covered by the SIMA system. See light of these changes (that are further steel mill product groupings, etc. This Adjusting Imports of Derivative Aluminum Articles discussed below), the public SIMA revised language will allow Commerce and Derivative Steel Articles Into the United States, monitor website will reflect the the flexibility to report aggregate data at Proclamation 9980, 85 FR 5281 (Jan. 29, 2020). increased number of steel product 27 See, e.g., Steel Import Monitoring and Analysis a sufficient level of detail to enable the System, Interim Final Rule, 70 FR 12133, 12134 groups from 53 to 58. We are (‘‘The Department believes that the SIMA system is implementing these changes on the 25 In the Proposed Rule, we inadvertently stated a critical trade monitoring program and is extending public SIMA monitor at the same time that there are five steel mill ‘‘product groups’’ it for another four years under the authority of the as this final rule. which are further broken down into 52 specific Census Act of 1930.’’) (Mar. 11, 2005); Steel Import Finally, Commerce is modernizing the steel mill ‘‘product categories’’ on the public SIMA Monitoring and Analysis System, Final Rule, 74 FR monitor. See 85 FR at 17517 and 17519. This is 11474 (Mar. 18, 2009) (extending the SIMA system SIMA system, including both the online incorrect. There are five steel mill ‘‘product to March 21, 2013); Steel Import Monitoring and license application platform and the categories’’ (i.e., flat, long, pipe and tube, semi- Analysis System, Final Rule, 78 FR 11090 (Feb. 15, public SIMA monitor, with updated finished, and stainless steel products). Under these 2013) (extending the SIMA system to March 21, software when the final rule goes into categories, there are currently 53 ‘‘product groups.’’ 2017); and Steel Import Monitoring and Analysis In this final rule, as discussed herein, Commerce is System, Final Rule, 82 FR 1183 (Jan. 5, 2017) effect. Registered users on the existing increasing the number of product groups to 58 on (extending the SIMA system to March 21, 2022). the public SIMA monitor; the five product groups 28 See Steel Import Monitoring and Analysis Monitoring and Analysis System, Final Rule, 82 FR on the public SIMA monitor are unchanged. System, Final Rule, 78 FR at 11091; Steel Import at 1184.

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56166 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

SIMA system must re-register on the commenter also recommended that requirement to obtaining an import new SIMA system to use the new online Commerce use language from the joint license. Commerce is effectuating these license application platform. In understandings in crafting a definition. changes by amending § 360.103(c) as accordance with 19 CFR 360.107, when Another commenter concurs with the well as the SIMA import license the electronic licensing system is need for a precise definition and defines application. As stated above, Commerce unavailable for an extended period of the country where the steel is melted believes collecting information on the time, parties will be able to obtain and poured as the country ‘‘where raw country of melt and pour is consistent licenses manually from Commerce via steel is first produced in a steelmaking with the United States’ joint fax during regular business hours. furnace and then poured into its first understandings with the governments of Because October 10 and 11, 2020, fall solid shape.’’ This commenter noted Canada and Mexico and will enhance over a weekend, and not during regular that subsequent processing in another monitoring of U.S. steel imports. business hours, and because of the country after the melting and pouring Collection of this data will allow for the additional resources required to process stage may be significant enough to effective and timely monitoring of manual license applications, Commerce change the country of origin for customs import surges of specific steel products, will accept manual license applications purposes to a different country than the which will aid in the prevention of October 10, 11, and 12 only in one where the steel was first melted and transshipment of steel products. We also emergency situations, i.e., where the poured. Also, this commenter contends agree with commenters that an option CBP entry summary must be filed on that a field for the country of melt and for ‘‘unknown’’ in the country of melt those dates and the license applicant pour should be included in the and pour field on the license has not previously obtained a license licensing program because much of the application would defeat the purpose of number under the existing SIMA system value-added and investment in the steel this new field. Furthermore, Commerce on or before October 9, 2020. manufacturing process takes place in expects that importers will have access Additionally, manual license the facilities that melt and pour the to thorough information regarding the applications must be sent via email, not steel. product being imported, including the fax, to the address identified in the Some commenters requested that the mill test certification (which would ADDRESSES section. These restrictions country of melt and pour license data be indicate country of melt and pour). are intended to address operational collected at the 10-digit HTS level and Specifically, the mill test certification is considerations due to COVID–19. See then displayed in the public SIMA currently required by CBP for entry the DATES and ADDRESSES sections above monitor at the 6-digit HTS level, to the purposes, in accordance with 19 CFR for more information. extent possible, so as to avoid revealing 141.89 and 142.6, and Commerce proprietary data but to ensure full expects that the mill test certification Response to Comments Received on the traceability and prevent transshipment. Proposed Rule would be included with the standard These commenters argued that sales documentation for steel mill Commerce received 15 comments on Commerce’s concern that reporting imports and therefore would be readily the proposed rule. Below is a summary further disaggregated data would release available to the importer. Commerce of the comments, grouped by issue proprietary data is ‘‘speculative and therefore agrees with commenters that category, followed by Commerce’s would likely never come to fruition.’’ steel mill test certificates are easy for response. These commenters also claimed that importers and traders to obtain and are 1. Whether To Require SIMA License publicly available subscription sources generated at all stages of the steel already provide bill of lading data on an Applicants To Identify the Country supply chain in the normal course of aggregate basis, making public certain Where the Steel Is Melted and Poured business. For these reasons, we disagree trading patterns, such that release of with the assertion of certain All commenters who provided a view additional data in the public SIMA commenters that importers of steel supported Commerce’s proposal for monitor reflecting these similar trading products that have been processed adding a field to the license application patterns serves only as a further multiple times may not have access to requiring U.S. importers to identify the aggregation. country where the steel was melted and One commenter states that, consistent information regarding the country poured. Some commenters opposed with the joint understandings with where the steel they are importing was allowing an ‘‘unknown’’ country option Canada and Mexico, and to enhance the originally melted and poured. in the melt and pour field in the license SIMA system generally, Commerce Additionally, Commerce agrees with application, arguing that an ‘‘unknown’’ should continue to report all license certain commenters’ recommendation option would undermine the utility of data through the public SIMA monitor that we should provide a clear the melt and pour data collection, and by country and product group (currently definition for country of melt and pour that steel mill test certificates are easy 53), by country and product category and have included this definition in for importers and traders to obtain (defined as flat, long, pipe and tube, and revised § 360.103(c)(3) and the steel because these documents are generated semi-finished), and at the 6-digit HTS- license application. We agree that a at all stages of the steel supply chain in level. Further, this commenter argues definition for ‘‘country of melt and the normal course of business. In that, to the extent any license applicant pour’’ would provide clarity and contrast, other commenters asserted that has concerns regarding proprietary certainty to the steel trade community. many steel importers purchase products information, Commerce should create a As discussed above, Commerce expects that have been processed multiple times means by which that applicant can that the mill test certification (that is into the supply chain and may not know request that data be aggregated at the currently required by CBP for entry where the steel they are importing was next product level. purposes and readily available to the originally melted and poured. Response: Given commenters’ importer) will indicate the country of One commenter requested that unanimous support, Commerce will melt and pour; however, we recognize Commerce provide a clear definition for amend the SIMA system to require that mill test certifications come in the country where the steel is melted import license applicants to identify different forms and may utilize different and poured to assist importers in filling and report the country where the steel terminology. Therefore, we would not out the license application. The is melted and poured as an additional expect the precise phrase ‘‘country of

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56167

melt and pour’’ to be explicitly labeled initial melt and pour phase that will be less than three) observations of certain on the mill test certification. In light of well-understood by the steel trade country of origin/product group this, a definition is necessary to provide community. combinations, Commerce cannot clear guidance to parties as to which In light of the above, we developed a provide this disaggregated data (i.e., information from the mill test definition for the country where the product group level) when adding the certification should be relied upon in steel used in the manufacture of the melt and pour data. Further, as stated in identifying the country of melt and pour product was melted and poured, as revised § 360.104(a), provision of for purposes of the steel import license provided in revised § 360.103(c)(3). aggregate data on the public SIMA application. Specifically, the license applicant is monitor may be revisited at the sub- In crafting a definition for country of required to identify the original location regulatory level should concerns arise melt and pour, we found useful where the raw steel is (1) first produced over the possible release of proprietary language in the Protocol of Amendment in a steel-making furnace in a liquid data. to the United States-Mexico-Canada state, and then (2) poured into its first As stated above, some commenters Agreement (USMCA): solid shape. Revised § 360.103(c)(3) also assert that certain trading patterns, Notwithstanding any other provision of this provides that the first solid state can which might be revealed by reporting Agreement, beginning seven years after entry take the form of either a semi-finished data at the 6-digit HTS level on the into force of this Agreement, for steel to be product (slab, billets or ingots) or a public SIMA monitor, are already considered as originating under this Article, finished steel mill product, and further all steel manufacturing processes must occur available through publicly available explains that the location of melt and subscription sources, which aggregate in one or more of the Parties, except for pour is customarily identified on mill bill of lading information. However, metallurgical processes involving the test certificates that are commonplace in refinement of steel additives. Such processes these subscription sources, based on steel production, generated at each stage include the initial melting and mixing and CBP import records, do not provide the of the production process, and continues through the coating stage. This same level of detail as the public SIMA maintained in the ordinary course of requirement does not apply to raw materials monitor, based on license data business. Further, revised used in the steel manufacturing process, (including country of melt and pour).31 including steel scrap; iron ore; pig iron; § 360.103(c)(3) explains that this Additionally, CBP import records reduced, processed, or pelletized iron ore; or reporting requirement will not apply to 29 become available much later than the raw alloys. raw materials used in the steel early release of data on the public SIMA We also considered the definition manufacturing process (i.e., steel scrap; monitor. Therefore, as stated above, provided by one of the commenters for iron ore; pig iron; reduced, processed, or until we collect and conduct an analysis country of melt and pour, which is the pelletized iron ore; or raw alloys). This of the melt and pour data, Commerce country ‘‘where raw steel is first definition specifically incorporates the cannot determine whether there will be produced in a steelmaking furnace and language from the Protocol of sufficient observations to ensure then poured into its first solid shape.’’ Amendment to the USMCA and the anonymity to release data at the 6-digit This definition is consistent with the definition suggested by one of the HTS level in all instances. Further, our definition included in the USMCA commenters, as well as our own Protocol of Amendment, as well as our experience under the SIMA system. No adoption of these procedures is general understanding of the steel other definitions were proposed by consistent with the joint understandings industry.30 Specifically, it is our commenters. Additionally, this and will provide the requisite understanding that the steelmaking definition provides clear guidance to information needed to monitor for process generally follows the same parties as to which information from the import surges and potential pattern, beginning with the initial mill test certification should be relied transshipment, while allowing for the melting and mixing of the raw steel in upon in identifying the country of melt protection of proprietary data. a liquid state in a steelmaking furnace, and pour for purposes of the steel 2. Whether To Require SIMA License that is then poured into a solid shape. import license application. Applicants To Identify Countries Where This first solid shape may take the form With respect to the public SIMA the Steel Was Subsequently Processed of a semi-finished product (slab, billet, monitor, which aggregates and reports Prior to Importation or ingot) or a finished steel mill product. certain license data, Commerce will Subsequent to this initial melting and only release or update weekly data on Certain commenters requested that pouring process, the steel may undergo the country of melt and pour for each the steel license application require further processing, including rolling, product group (at the 6-digit HTS level) information on each country where the drawing, otherwise finishing, coating, if there are sufficient observations for steel was subsequently processed prior etc. However, all steel imported into the the product groups. Commerce releases to importation. According to the United States must be accompanied by data on its public SIMA monitor under commenters, this information is the mill test certification from the steel the authority of the Census Act (13 necessary to prevent evasion and mill involved in the initial melt and U.S.C. 301(a) and 302) and must adhere circumvention of trade remedy pour phase. Thus, our adopted to Census guidance for the release of measures. One commenter argued that definition for country of melt and pour data, which requires the protection of ‘‘extending the country of origin described below takes into account proprietary data. After collecting the reporting requirement to all levels of these various processes and establishes melt and pour data, Commerce will processing would not be unreasonably a singular definition focusing on the determine whether there are sufficient burdensome.’’ One commenter, data observations to report at a 6-digit however, asserted that U.S. importers 29 https://ustr.gov/sites/default/files/files/ product group level without disclosing may not know where steel was agreements/FTA/USMCA/Protocol-of-Amendments- proprietary data. Notably, the public subsequently processed because these to-the-United-States-Mexico-Canada- SIMA monitor currently divides license importers are far removed from the part Agreement.pdf. data into 53 different product groups of the supply chain that has knowledge 30 This general understanding is informed by years of administering the SIMA program, involving (which, as described in this final rule, regular contact with the steel industry and other will be increased to 58 product groups). 31 See, e.g., https://www.datamyne.com/us- government agencies. In instances where there are few (i.e., import-data/.

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56168 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

of the country after the steel is melted One commenter recommended that to licenses are being misused, or any other and poured. prevent abuse of the low-value license improper activity related to low-value Response: Commerce, at this time, exemption, Commerce should adopt a license, we will revisit the threshold will not require SIMA license applicants ‘‘formal entry/formal license’’ maximum of $5,000, and also consider to report information on subsequent operational paradigm. One commenter other action, as appropriate. processing in the license application. also requested that Commerce collect Moreover, Commerce does not intend Unlike the country of melt and pour low-value license information on to limit the use of low-value licenses to field discussed above, Commerce did country of melt and pour and all one per quarter for each importer or to not request comments on including a subsequent processing in a third collect information about country of subsequent processing 32 field in the country. This commenter also suggested melt and pour on low-value licenses Proposed Rule 33 and, as a result, the that Commerce limit the use of low- because low-value licenses are, by public has not been afforded an value licenses to a single entry and that definition, re-usable licenses. opportunity to provide comments on the number of low-value licenses Additionally, we note that adding these such a change in the license application. obtained by a single party or affiliates be restrictions to the low-value licenses However, Commerce has considered the limited to one per quarter within a would obviate the intended benefit of commenters’ assertion that collecting calendar year. these licenses. Specifically, the intent of data on subsequent processing of steel Response: As discussed above, low-value licenses is to reduce the imports in third countries, prior to Commerce is amending § 360.103(f) to public burden of the steel license importation into the United States, will reflect that the low-value license requirements by allowing an importer to assist in monitoring potential evasion threshold is $5,000 per steel shipment bring in multiple shipments of steel at and circumvention of trade remedy into the United States, consistent with a low-value on a single reusable license. measures. our existing practice. The low-value If importers were required to create Accordingly, Commerce may request license threshold has been set at $5,000 separate, single-use low-value licenses public comments on the inclusion of a since 2010, and during this time for each low-value shipment, this would subsequent processing field to SIMA’s Commerce has never received any increase the public burden of the license import license application, at a later evidence that importers use the low- system, without a meaningful benefit in date. value license to conceal the actual terms of data collection. country of origin or otherwise evade the Finally, Commerce does not intend to 3. Increasing the Maximum Threshold regular license requirements. The adopt a ‘‘formal entry/formal license’’ for Low-Value Licenses To Codify commenters did not provide any such operational paradigm to prevent abuse Current Practice evidence. Increasing the threshold to of the low-value license exemption, as Several commenters raised concerns $5,000 merely codifies Commerce’s suggested by one commenter. that if the maximum threshold for low- longstanding practice. Specifically, this commenter did not value licenses was raised to $5,000, key Additionally, Commerce finds that elaborate on how implementing such a data, particularly imports from Canada use of the low-value licenses paradigm would prevent abuse of the and Mexico, would not be tracked in the substantially reduces the burden to low-value license exemption, and, SIMA system and requested that the importers of steel shipments between therefore, we have not further maximum threshold be reverted to $250 $250 and $5,000. To determine the considered this proposal. potential burden, we examined CBP per shipment. According to these 4. Maintain License Data on the Steel data for one sample month for steel commenters, a $5,000 limit for low- Monitor for a Longer Period of Time value licenses might create a product entries below $5,000. This data Certain commenters requested that transshipment loophole for U.S. steel indicated that there were approximately Commerce maintain information imports. Specifically, the use of low- 8,000 such entries in the sample month regarding the country of melt and pour value licenses on multiple shipments (June 2019). Therefore, we estimate that on the public SIMA monitor for a longer will incentivize a U.S. importer (or the additional burden of requiring period of time. One commenter asserted distributor) to obscure the country of importers of entries between $250 to that this would allow stakeholders to origin of steel and also the country $5,000 to switch to regular (i.e., one- analyze longer trends in steel trade where the steel was melted and poured time use) licenses would create roughly including where steel is melted, poured, by being shipped into the United States 96,000 more regular licenses per year and processed prior to importation into via Canada or Mexico. One commenter (8,000/month * 12 months = 96,000 the United States. Commenters also stated that allowing the exemption more licenses per year) at 10 minutes 34 suggested compiling this data in a level to be significantly higher creates per license (or 16,000 hours). separate report on the public SIMA loopholes that allow gaming within the Additionally, based on review of CBP monitor, which only includes license SIMA system via multi-load and data, we find that there would be little data, and requested that Commerce warehousing schemes that lead to improvement in the quality of the data maintain the data indefinitely. One circumvention. As such, commenters collection, as the value of entries commenter also requested that recommended that Commerce conform covered by the low-value licenses ($5,000 or less) is very small compared Commerce provide a ‘‘table search’’ its practice to the existing regulation to the average monthly value of regular function on the public SIMA monitor to rather than conforming the regulation to licenses (in May 2020, the average value allow the public to construct custom existing practice. was $50,000 per regular license). That tables specifying country of melt and said, Commerce will continue to pour, country of subsequent processing, 32 According to a commenter, subsequent processing could occur in two countries before monitor the use of low-value licenses and country of origin in addition to importation into the United States. For example, and, if there is evidence that low-value other data fields. subsequent processing of corrosion resistant steel Response: Currently, Commerce does from Country A could take the following two steps: 34 See Proposed Rule, 85 FR at 17518 (describing not maintain license data on the public (1) Cold rolling in Country B; and (2) coating/ that, for purposes of the Paperwork Reduction Act SIMA monitor once new Census data finishing in Country C before importation into the information collection requirements, Commerce United States. estimates that each regular license application take are released, and license data connected 33 85 FR at 17515. less than 10 minutes per response). with the monthly Census data are only

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56169

available on the public SIMA monitor the accuracy of the license information, products covered by AD/CVD orders. for two months.35 Given that melt and Commerce finds that reducing the Commerce, however, did not request pour information will not be replicated license validity period significantly comments on implementing this change in the official Census statistics, would defeat SIMA’s main purpose, to the license application in the Commerce will maintain license data which is to serve as an early-warning Proposed Rule,38 and, thus, interested regarding the country of melt and pour system for U.S. imports of steel parties did not have an opportunity to on the public SIMA monitor for a longer products. Consistent with this purpose, provide public comments on this period, as a separate report. Commerce SIMA currently collects two months of requirement. This is in contrast to the will maintain the monthly license data license information to be displayed on field for country of melt and pour that for the country of melt and pour field our public SIMA monitor for the public was first identified in the Proposed up to 12 months and maintain annual to track import trends. If the license Rule, discussed above. Accordingly, data afterwards, to the extent possible. validity period was reduced, Commerce Commerce will not make this change to Initially, Commerce may not be able to would not have the necessary license the license application for this final include country of melt and pour with information to accurately report import rule. Nonetheless, Commerce may, at a the other fields for license data on the trends on its public SIMA monitor as later date, request public comment public SIMA monitor because of early as has been the case historically. about this requirement. concerns regarding proprietary data. As Commerce finds the value of the early mentioned above, in accordance with data provided in the public SIMA 6. Amendments to Existing Product the Census guidelines, Commerce needs monitor outweighs the slight degree of Groups on the Public SIMA Monitor to have a minimum number of additional precision possible by a Several commenters request that observations to display a piece of data shortened validity period. Commerce divide the existing product publicly (including the country of melt With respect to the second item, group for ‘‘blooms, billets, and slabs’’ and pour). Therefore, information Commerce will not change existing (also called ‘‘semi-finished steel’’) into indicating the country of melt and pour practice and require users to submit at least two separate product groups. will only be reported on the public corrections to licenses within 30 days of The two proposed product groups are SIMA monitor once we have the the date of importation. Under existing for slab and ‘‘other semi-finished steel,’’ minimum observations to display the practice, corrections to the SIMA license which certain commenters suggest will data publicly without disclosing can be made months after importation, allow a better understanding of import proprietary data. typically when CBP performs an audit trends for these two distinct products. on individual importers’ entries. Thus, Certain commenters specifically 5. Additional Modifications Proposed by Commerce has decided not to modify a Commenter proposed that Commerce include HTS the regulations for the SIMA licensing 7207.12.0050, 7207.20.0045, One commenter proposed system to implement a time limit 7224.90.0025, and 7224.90.0055 in the modifications to the SIMA licensing requirement for making corrections to proposed new slab product group. system and public SIMA monitor, the license application, to maintain Response: For the final rule, as which Commerce did not include in its consistency with CBP’s audit suggested by commenters, Commerce Proposed Rule.36 Specifically, this procedures. commenter requested that the following With respect to the third item, will divide the ‘‘carbon and alloy changes be made to the SIMA system: Commerce will not implement a blooms, billets, and slabs’’ product (1) Reduce the import license validity requirement for U.S. steel importers to group on the public SIMA monitor into period from 75 days to 15 days to maintain steel licenses for five years. two product groups: ‘‘slab (rectangular improve reporting accuracy and prevent Although Commerce declines to cross-section with width greater than 4 skewing of actual U.S. steel import implement this record-keeping times the thickness)’’ and ‘‘other semi- volumes; (2) license holders be required requirement for the SIMA system, CBP finished’’ product groups. Commerce to submit corrections to the data regulations (i.e., 19 CFR part 163) will make the same change for the reported on the SIMA import license require that records for entry ‘‘stainless blooms, billets, and slabs’’ form within 30 days of the date of declarations be maintained for five product group. While making this importation of steel products; (3) years. Additionally, Commerce did not change, Commerce also plans to importers be required to maintain their request comments on implementing this separate line pipe into three more SIMA licenses, both original and or any other record-keeping requirement specific product groups (i.e., line pipe corrected, for a period of five years after in the Proposed Rule,37 and, as a result, greater than 16 inches in diameter, line importation; and (4) all license interested parties were not given an pipe less than or equal to 16 inches in applications require applicants to opportunity to provide public diameter, and line pipe not specified), identify whether imported steel comments on this requirement. which will harmonize SIMA data with products are subject to antidumping However, Commerce may, at a later Census data releases. These changes (AD) and countervailing duty (CVD) date, request public comment about will also help the U.S. industry observe orders pursuant to Title VII of the Tariff implementing this requirement. potential evasion or circumvention of Act of 1930, as amended. With respect to the fourth item, at this AD/CVD orders, which the U.S. Response: With respect to the first time, Commerce is not adding a new domestic producers raised as an item, Commerce will not adopt the field to the license form requiring U.S. underlying concern in their comments. commenter’s proposed 15-day validity importers to identify the steel mill 7. Harmonizing the Products Subject to period because reducing the validity products subject to AD/CVD orders. SIMA With Those Subject to Section 232 period from 75 to 15 days would require Commerce does not disagree with the Tariffs importers to obtain licenses shortly commenter that making such a change before the date of importation. Although may enhance reliability and In the Proposed Rule, Commerce a shorter validity period might improve completeness of the data in the public proposed adding to the SIMA system SIMA monitor, with respect to steel eight additional HTS codes subject to 35 https://enforcement.trade.gov/steel/license/. 36 See Proposed Rule, 85 FR at 17515. 37 See Proposed Rule, 85 FR at 17515. 38 See id.

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56170 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Section 232 tariffs,39 which one Classifications collection displays a currently valid commenter supports. However, this OMB Control Number. All currently Executive Order 12866 commenter suggests the following two approved collections of information options for reporting these new HTS The Office of Management and Budget may be viewed at https:// codes in the public SIMA monitor to (OMB) has determined that this final www.reginfo.gov/public/jsp/PRA/ better account for the rails product rule is significant, but not economically praDashboard.myjsp. significant, for purposes of Executive group: (1) Create a new product group Regulatory Flexibility Act for the eight HTS codes in an ‘‘other’’ Order 12866. The Chief Counsel for Regulation of steel product group to ensure continuity Executive Order 13771 of data over time; or (2) incorporate the the Department of Commerce certified eight HTS codes in the same product This final rule is not subject to to the Chief Counsel for Advocacy of the groups where each HTS subheading (at Executive Order 13771 because it Small Business Administration at the the 6-digit level) is already categorized. imposes de minimis costs. proposed rule stage, that this rule, if adopted, would not have a significant Response: For this final rule, as stated Executive Order 13132 above, Commerce is expanding the economic impact on a substantial This rule does not contain policies scope of steel products covered by the number of small entities as that term is with federalism implications as that SIMA system so that it covers all steel defined in the Regulatory Flexibility term is defined in Executive Order products subject to Section 232 tariffs, Act, 5 U.S.C. 601 et seq. The factual 13132. i.e., the eight additional HTS codes. basis for the certification is found in the Additionally, Commerce will adopt Paperwork Reduction Act proposed rule and is repeated below. No some of the suggestions raised above for comments were received on the This final rule contains collection-of- certification or the economic impacts of the public SIMA monitor. Specifically, information requirements that have for three of these HTS codes,40 because this action. As a result, no final been submitted to the Office of regulatory flexibility analysis is required they already fall within existing 6-digit Management and Budget (OMB) for level HTS subheadings under various and none was prepared. approval under the Paperwork This rule will not have a significant existing product groups, Commerce Reduction Act (PRA) (OMB Control No. economic impact on a substantial intends to include these HTS codes in 0625–0245; Expiration Date: 07/31/ number of small entities. This rule, if those existing product groups. 2023). Public reporting for this implemented, would: (1) Require import Additionally, four of the HTS codes collection of information is estimated to license applicants to additionally currently fall within 6-digit level HTS be less than ten minutes per response, identify the country where steel used in subheadings under the ‘‘standard rails’’ including the time for reviewing the manufacture of the imported steel product group. The combined total instructions and completing and product was melted and poured, as imports for adding these four HTS codes reviewing the collection of information. defined in this final rule; (2) harmonize to the ‘‘standard rails’’ product group The Proposed Rule identified two the scope of SIMA’s licensing would increase 2019 imports of this revisions to the public reporting for this 41 requirement with the scope of steel group by over 25 percent. The final collection of information. First, steel products subject to Section 232 tariffs; HTS code (7302909000) falls within the import license applicants will need to (3) indefinitely extend the SIMA system; 6-digit level HTS subheading under the identify the country of melt and pour as and (4) to modify the regulations ‘‘railroad accessories’’ product group. an additional field on the steel import regarding low value licenses to align However, the import volume last year license application. In this final rule, with our current practice. The entities for HTS 7302909000 exceeded the total the information collection has been that would be impacted by this rule are import volume for the ‘‘railroad refined to provide the regulatory importers and brokerage companies that accessories’’ product group. Therefore, definition of country of melt and pour import steel mill products. These Commerce plans to create a new (as found in 19 CFR 360.103(c)(3)) in the entities are already required to provide product group called ‘‘Other Rails and form instructions. Additionally, information, including the name and Railroad Accessories’’ in which to place commenters agreed with the Proposed address of the importer, type of steel these 5 remaining HTS codes on the Rule that this revision will not add any product, and country of origin of the public SIMA monitor. additional burden on the public, steel imports, along with additional 8. Indefinitely Extending the SIMA because the information needed to information, to obtain steel import Program identify the country of melt and pour licenses through the online SIMA can be found on the mill test licensing system for filing entry Most commenters support extending certification that is currently required summary documentation required by the SIMA licensing program by CBP for entry purposes and readily CBP for U.S. imports of steel mill indefinitely. Specifically, commenters available to the importer. Second, the products. Based on statistics derived requested that the SIMA program licensing requirement will be expanded from current license applications, of the become permanent because unfairly to apply to all steel products, including approximately 562,857 licenses issued traded imports continue to be an eight additional HTS categories in each year, Commerce estimates that less ongoing threat to the U.S. industry. addition to the approximately 780 HTS than two percent of the license Response: Given the unanimous categories currently covered by the applications (approximately 11,257) support by commenters, Commerce will SIMA system. No party raised concerns would be filed by importers and extend the SIMA program indefinitely, regarding the burden hour estimates in brokerage companies considered to be as stated above, by removing and the Proposed Rule for this revision. small entities. reserving § 360.105. Notwithstanding any other provision Based on the current usage of the of law, no person is required to respond SIMA system, Commerce does not 39 See Proposed Rule, 85 FR at 17520 (Appendix I). to, nor shall any person be subject to a anticipate that these four changes to the 40 HTS 7217901000, 7222406000, and penalty for failure to comply with, a SIMA system required under this 7228706000. collection of information subject to the proposed rule will have a significant 41 https://www.trade.gov/steel. Paperwork Reduction Act unless that economic impact on a substantial

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56171

number of small entities. Companies are Imports, Reporting and recordkeeping (xiii) Country where the steel used in already familiar with the licensing of requirements, Steel. the manufacture of the product was certain steel products under the current Dated: September 1, 2020. melted and poured (see paragraph (c)(3) system. In most cases, brokerage of this section for further instruction); Jeffrey I. Kessler, companies will apply for the license on (xiv) Quantity (in kilograms); and behalf of the steel importers. Most Assistant Secretary for Enforcement and Compliance. * * * * * brokerage companies that are currently (3)(i) The field in the license involved in filing documentation for For the reasons stated in the application requiring identification of importing goods into the United States preamble, the Department of Commerce the country where the steel used in the are accustomed to CBP’s automated amends 19 CFR part 360 as follows: manufacture of the product was melted entry filing systems. Today, CBP filings and poured (see paragraph (c)(1)(xiii) of are handled electronically. Although PART 360—STEEL IMPORT this section) applies to the original steel import license applicants will need MONITORING AND ANALYSIS SYSTEM location where the raw steel is: to identify the country of melt and pour ■ 1. The authority citation for 19 CFR (A) First produced in a steel-making as an additional field on the steel import part 360 continues to read as follows: furnace in a liquid state; and then license application pursuant to this final (B) Poured into its first solid shape. rule, this revision will not add any Authority: 13 U.S.C. 301(a) and 302. (ii) The first solid state can take the additional burden, because the ■ 2. In § 360.101, revise paragraph (a)(1) form of either a semi-finished product information needed to identify the to read as follows: (slab, billets or ingots) or a finished steel country of melt and pour can be found mill product. The location of melt and on the mill test certification that is § 360.101 Steel import licensing. pour is customarily identified on mill currently required by CBP for entry (a) * * * test certificates that are commonplace in purposes and readily available to the (1) All imports of basic steel mill steel production, generated at each stage importer. Therefore, the proposed products are subject to the import of the production process, and modifications to the license application licensing requirements. These products maintained in the ordinary course of will not be a significant obstacle to any are listed on the Steel Import business. The reporting requirement in firm. Should an importer or brokerage Monitoring and Analysis (SIMA) system paragraph (c)(1)(xiii) of this section will company need to register for an account website (https://www.trade.gov/steel). not apply to raw materials used in the or apply for a license non-electronically, Registered users will be able to obtain steel manufacturing process (i.e., steel a fax/phone option is available at steel import licenses on the SIMA scrap; iron ore; pig iron; reduced, Commerce during regular business system website. This website contains processed, or pelletized iron ore; or raw hours. There is no cost to register for a two sections related to import alloys). company-specific steel license account licensing—the online registration * * * * * and no cost to file for the license. Each system and the automatic steel import (f) Low-value licenses. There is one license form is expected to take less license issuance system. Information exception to the requirement for than 10 minutes to complete and gathered from these licenses will be obtaining a unique license for each collects much of the same information aggregated and posted on the import Customs entry. If the total value of the required on the CBP entry summary monitoring section of the SIMA system covered steel portion of an entry is less documentation. The steel import license website. than $5,000, applicants may apply to is the only additional U.S. entry * * * * * Commerce for a low-value license that requirement that the importers or their ■ 3. In § 360.103: can be used in lieu of a single-entry representatives must fulfill in order to ■ a. Revise paragraphs (c)(1)(ii), (iii), license for low-value entries. import each covered steel product and (xii); ■ 4. Revise § 360.104 to read as follows: shipment under 19 CFR part 360. ■ b. Redesignate paragraphs (c)(1)(xiii) § 360.104 Steel import monitoring. Commerce does not charge fees for and (xiv) as paragraphs (c)(1)(xiv) and (a) Commerce will maintain an import licenses. Commerce estimates that the (xv); likely aggregate license costs incurred ■ c. Add a new paragraph (c)(1)(xiii); monitoring system on the SIMA system by small entities in terms of the time to ■ d. Revise newly redesignated website that will report certain aggregate apply for licenses as a result of this paragraph (c)(1)(xiv); information on imports of steel mill proposed rule would be less than two ■ e. Redesignate paragraph (c)(3) as products obtained from the steel percent, or an estimated $37,523.00, of paragraph (c)(4); licenses and, where available, from the the estimated total $1,876,190 cost to all ■ f. Add a new paragraph (c)(3); and U.S. Census Bureau. Aggregate data will steel importers to process the on-line ■ g. Revise paragraph (f). be reported, as appropriate, on a automatic licenses. These calculations The revisions and additions read as monthly basis by country of origin, are based on an hourly pay rate of follows: country of melt and pour, and relevant $20.00 multiplied by the estimated steel mill product groupings, etc. and 93,195 total annual burden hours. The § 360.103 Automatic issuance of import will include import quantity (metric average cost of a single license is less licenses. tons), import Customs value (U.S. $), than $3.33 based on the estimate that * * * * * and average unit value ($/metric ton). one license requires less than 10 (c) * * * The website will also contain certain minutes of the filer’s time. (1) * * * aggregate data at the 6-digit Harmonized Therefore, the Department certifies (ii) Filer contact name, phone Tariff Schedule level and will also that the final rule will not have a number, and email address; present a range of historical data for significant economic impact on a (iii) Entry type (i.e., Consumption, comparison purposes. Provision of substantial number of small entities. FTZ); aggregate data on the website may be * * * * * revisited should concerns arise over the List of Subjects in 19 CFR Part 360 (xii) Current Harmonized Tariff possible release of proprietary data. Administrative practice and Schedule (HTS) number (from Chapters (b) Reported monthly import data will procedure, Business and industry, 72 or 73); be refreshed each week, as appropriate,

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56172 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

with new data on licenses issued during That Seek to Represent Or Organize authorities under sections 9005 and the previous week. This data will also Members of the Armed Forces in 9006 of RCRA Subtitle I and other be adjusted periodically for cancelled or Negotiation Or Collective Bargaining,’’ applicable statutory and regulatory unused steel import licenses, as published January 19, 2007 (available at provisions. appropriate. Additionally, outdated https://www.esd.whs.mil/Portals/54/ DATES: This rule is effective November license data will be replaced, where Documents/DD/issuances/dodi/ 10, 2020, unless EPA receives any available, with information from the 135401p.pdf). significant negative comment opposing U.S. Census Bureau. This rule is not significant under this action by October 13, 2020. If EPA Executive Order (E.O.) 12866, § 360.105 [Removed and Reserved] receives any significant negative ‘‘Regulatory Planning and Review.’’ comment opposing this action, EPA will ■ 5. Remove and reserve § 360.105. Therefore, the requirements of E.O. publish a timely withdrawal in the [FR Doc. 2020–19753 Filed 9–10–20; 8:45 am] 13771, ‘‘Reducing Regulation and Federal Register informing the public Controlling Regulatory Costs,’’ do not BILLING CODE 3510–DS–P that the rule will not take effect. The apply. This removal supports a incorporation by reference of certain recommendation of the DoD Regulatory publications listed in the regulations is Reform Task Force. DEPARTMENT OF DEFENSE approved by the Director of the Federal List of Subjects in 32 CFR Part 143 Register, as of November 10, 2020, in Office of the Secretary Government employees, Labor accordance with 5 U.S.C. 552(a) and 1 management relations, Military CFR part 51. 32 CFR Part 143 personnel. ADDRESSES: Submit your comments by [Docket ID: DOD–2020–OS–0049] one of the following methods: PART 143—[REMOVED] 1. Federal eRulemaking Portal: RIN 0790–AK23 https://www.regulations.gov. Follow the ■ Accordingly, by the authority of 5 on-line instructions for submitting DoD Policy on Organizations That U.S.C. 301, 32 CFR part 143 is removed. comments. Seek To Represent or Organize 2. Email: [email protected]. Members of the Armed Forces in Dated: September 8, 2020. Aaron T. Siegel, 3. Mail: Thomas UyBarreta, RCRA Negotiations or Collective Bargaining Programs Branch, Land, Chemicals and Alternate OSD Federal Register Liaison Redevelopment Division, EPA Region 3, AGENCY: Office of the Under Secretary of Officer, Department of Defense. 1650 Arch Street, (Mail Code 3LD30), Defense for Personnel and Readiness, [FR Doc. 2020–20087 Filed 9–10–20; 8:45 am] Department of Defense (DoD). Philadelphia, PA 19103–2029. BILLING CODE 5001–06–P Instructions: Direct your comments to ACTION: Final rule. Docket ID No. EPA–R03–UST–2020– SUMMARY: This final rule removes the 0205. EPA’s policy is that all comments ENVIRONMENTAL PROTECTION received will be included in the public DoD’s regulation that prohibits members AGENCY of the armed forces from being members docket without change and may be available online at https:// of a ‘‘military labor organization,’’ 40 CFR Part 282 which is an organization that engages or www.regulations.gov, including any attempts to engage in negotiations or [EPA–R03–UST–2020–0205; FRL 10012–34– personal information provided, unless Region 3] bargaining on behalf of service members the comment includes information concerning the terms or conditions of claimed to be Confidential Business West Virginia: Final Approval of State Information (CBI) or other information military service. The rule restates statute Underground Storage Tank Program or otherwise contains internal DoD whose disclosure is restricted by statute. Revisions, Codification, and Do not submit information that you processes wholly contained within DoD Incorporation by Reference internal guidance. Therefore, this part consider to be CBI or otherwise can be removed from the Code of AGENCY: Environmental Protection protected through https:// Federal Regulations (CFR). Agency (EPA). www.regulations.gov or email. The ACTION: Direct final rule. federal website, https:// DATES: This rule is effective on www.regulations.gov, is an ‘‘anonymous September 11, 2020. SUMMARY: Pursuant to the Solid Waste access’’ system, which means EPA will FOR FURTHER INFORMATION CONTACT: Disposal Act of 1965, as amended not know your identity or contact Christa A. Specht, Office of Legal (commonly known as the Resource information unless you provide it in the Policy, Office of the Under Secretary of Conservation and Recovery Act body of your comment. If you send an Defense (Personnel and Readiness), (RCRA)), the Environmental Protection email comment directly to EPA without (703) 697–3387. Agency (EPA) is taking direct final going through https:// SUPPLEMENTARY INFORMATION: It has been action to approve revisions to the State www.regulations.gov, your email determined that publication of this rule of West Virginia’s Underground Storage address will be automatically captured removal for public comment is Tank (UST) program submitted by West and included as part of the comment impracticable, unnecessary, and Virginia (West Virginia or State). This that is placed in the public docket and contrary to public interest because the action also revises the address of EPA’s made available on the internet. If you underlying rule simply restates the law Region 3 office. This action also codifies submit an electronic comment, EPA in 10 U.S.C. 976, or otherwise contains EPA’s approval of West Virginia’s state recommends that you include your internal DoD processes. The only program and incorporates by reference name and other contact information in additional language in 32 CFR 143.7 and (IBR) those provisions of West Virginia’s the body of your comment. If EPA 143.8 contains internal DoD procedures regulations and statutes that we have cannot read your comment due to and guidelines. These provisions are determined meet the requirements for technical difficulties, and cannot publicly available in DoD Instruction approval. The provisions will be subject contact you for clarification, EPA may 1354.01, ‘‘DoD Policy on Organizations to EPA’s inspection and enforcement not be able to consider your comment.

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56173

Electronic files should avoid the use of and determined that states must revise providing an opportunity for public special characters, any form of their UST programs accordingly. comment now. encryption, and be free of any defects or B. What decisions has EPA made in this E. What happens if EPA receives viruses. EPA encourages electronic rule? comments that oppose this action? submittals, but if you are unable to submit electronically, please reach out On June 24, 2018, in accordance with Along with this direct final rule, EPA to the EPA contact person listed in the 40 CFR 281.51(a), West Virginia is publishing a separate document in the notice for assistance. If you need submitted a complete program revision ‘‘Proposed Rules’’ Section of this assistance in a language other than application seeking EPA approval for its Federal Register that serves as the English, or you are a person with UST program revisions (State proposal to approve the State’s UST disabilities who needs a reasonable Application). West Virginia’s revisions program revisions, providing accommodation at no cost to you, please correspond to the EPA final rule opportunity for public comment. If EPA reach out to the EPA contact person by published on July 15, 2015 (80 FR receives any significant negative email or phone. 41566), which revised the 1988 UST comment opposing this approval, EPA Docket: All documents in the docket regulations and the 1988 state program will publish a timely withdrawal in the are listed in the https:// approval (SPA) regulations (2015 Federal Register informing the public www.regulations.gov index. Although Federal Revisions). As required by 40 that the rule will not take effect. EPA listed in the index, some information CFR 281.20, the State Application will not make any further decision on might not be publicly available, e.g., CBI contains the following: A transmittal the approval of the State program or other information whose disclosure is letter requesting program approval; a changes until it considers any restricted by statute. Publicly available description of the program and significant negative comment received during the comment period. EPA will docket materials are available operating procedures; a demonstration address any significant negative electronically through https:// of the State’s procedures to ensure comment in a later final rule. You may www.regulations.gov. adequate enforcement; a Memorandum not have another opportunity to of Agreement outlining the roles and FOR FURTHER INFORMATION CONTACT: comment. If you want to comment on responsibilities of EPA and the Thomas UyBarreta, (215) 814–2953, this approval, you must do so at this implementing agency; an Attorney [email protected], RCRA time. Programs Branch; Land, Chemicals, and General’s statement in accordance with Redevelopment Division; EPA Region 3, 40 CFR 281.24 certifying to applicable F. For what has West Virginia previously 1650 Arch Street (3LD30), Philadelphia, state authorities; and copies of all been approved? PA 19103–2029. relevant state statutes and regulations. On September 23, 1997, EPA finalized EPA has reviewed the State Application SUPPLEMENTARY INFORMATION: a rule approving West Virginia’s UST and determined that the revisions to program, effective February 10, 1998, to I. Approval of Revisions to West West Virginia’s UST program are no less operate in lieu of the federal program. Virginia’s Underground Storage Tank stringent than the corresponding federal On June 15, 2004 (69 FR 33312, June 15, Program requirements in subpart C of 40 CFR 2004), EPA codified the approved West part 281 because West Virginia has Virginia program, incorporating by A. Why are revisions to state programs adopted almost all of the federal necessary? reference the State statutes and requirements by reference. In addition, regulatory provisions that are subject to Section 9004 of RCRA authorizes EPA EPA has determined that the West EPA’s inspection and enforcement to approve state underground storage Virginia program provides for adequate authorities under RCRA sections 9005 tank (UST) programs to operate in lieu enforcement of compliance (40 CFR and 9006, 42 U.S.C. 6991d and 6991e, of the federal UST program. EPA may 281.11(b)). Therefore, EPA grants West and other applicable statutory and approve a state program if the state Virginia final approval to operate its regulatory provisions. demonstrates, pursuant to section UST program with the changes 9004(a), 42 U.S.C. 6991c(a), that the described in the State Application, and G. What changes is EPA approving with state program includes the elements set as outlined below in section I.G. of this this action? forth at section 9004(a)(1) through (9), document. On June 24, 2018, in accordance with 42 U.S.C. 6991c(a)(1) through (9), and C. What is the effect of this approval 40 CFR 281.51(a), West Virginia provides for adequate enforcement of decision? submitted a complete application for compliance with UST standards (section final approval of its UST program 9004(a), 42 U.S.C. 6991c(a)). This action does not impose revisions adopted on June 1, 2018. The Additionally, EPA must find, pursuant additional requirements on the State of West Virginia has amended its to section 9004(b), 42 U.S.C. 6991c(b), regulated community because the Code of State Rules (CSR) to incorporate that the state program is ‘‘no less regulations being approved by this rule by reference (into the West Virginia stringent’’ than the federal program in are already effective in West Virginia, regulations at 33CSR30) the the elements set forth at section and they are not changed by this action. requirements of 40 CFR part 280, 9004(a)(1) through (7), 42 U.S.C. This action merely approves the existing including the requirements added by 6991c(a)(1) through (7). States such as State regulations as meeting the federal the 2015 Federal Revisions, except for West Virginia that have received final requirements and renders them 40 CFR 280.20(c), 280.22, 280.34(a)(1), UST program approval from EPA under federally enforceable. 280.251(b), the definition of section 9004 of RCRA must, in order to D. Why is EPA using a direct final rule? ‘‘implementing agency,’’ the citation to retain such approval, revise their section 9005 of RCRA in 280.34, and approved programs when the EPA is publishing this direct final appendices I, II and III of 40 CFR part controlling federal or state statutory or rule concurrently with a proposed 280. EPA has reviewed West Virginia’s regulatory authority is changed and EPA rulemaking because we view this as a requirements and determined that West determines revision is required. In 2015, noncontroversial action and anticipate Virginia’s requirements are no less EPA revised the federal UST regulations no significant negative comment. EPA is stringent than the federal regulations

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56174 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

and that the criteria set forth in 40 CFR negative written comment opposing this final approval. Therefore, EPA grants part 281 subpart C are met. EPA now action, that West Virginia’s UST West Virginia final approval for the makes an immediate final decision, program revisions satisfy all of the following program changes: subject to receipt of any significant requirements necessary to qualify for

Required Federal Element Implementing State Authority

40 CFR 281.30, New UST Systems and Notification ...... 33CSR30–2.1, 33CSR30–3, 33CSR30–4. 40 CFR 281.31, Upgrading Existing UST Systems ...... 33CSR30–2.1. 40 CFR 281.32, General Operating Requirements ...... 33CSR30–2.1. 40 CFR 281.33, Release Detection ...... 33CSR30–2.1. 40 CFR 281.34, Release Reporting, Investigation, and Confirmation ...... 33CSR30–2.1. 40 CFR 281.35, Release Response and Corrective Action ...... 33CSR30–2.1. 40 CFR 281.36, Out-of-service Systems and Closure ...... 33CSR30–2.1. 40 CFR 281.37, Financial Responsibility for UST systems Containing Petroleum ...... 33CSR30–2.1. 40 CFR 281.38, Lender Liability ...... 33CSR30–2.1. 40 CFR 281.39, Operator Training ...... 33CSR30–2.1.

The State also demonstrates that its federal program. The fees required requirements of 1 CFR 51.5, EPA is program provides adequate enforcement under 33CSR31 (Underground Storage finalizing the incorporation by reference of compliance as described in 40 CFR Tank Fee Assessments) are also broader of the West Virginia statutes and 281.11(b) and part 281, subpart D. The in scope. The additional operator regulations described in the State’s lead implementing agency, the training requirements at 33CSR30–6.1 amendments to 40 CFR part 282 set West Virginia Department of (Approval of Required Training) are forth below. EPA has made, and will Environmental Protection, has broad broader in scope and therefore not a part continue to make, these documents statutory and regulatory authority with of the federally-approved program. generally available through https:// respect to USTs to regulate installation, www.regulations.gov and at the EPA II. Codification operation, maintenance, closure, and Region 3 office (see the FOR FURTHER UST releases, and to the issuance of A. What is codification? INFORMATION CONTACT section of this orders. These statutory and regulatory Codification is the process of placing preamble for more information). authorities are found in the West a state’s statutes and regulations that One purpose of this Federal Register Virginia Code at sections 22–17–13, 22– comprise the state’s approved UST document is to codify West Virginia’s 17–15, 22–17–16, 22–17–17, 22–17–18, program into the CFR. Section 9004(b) approved UST program. The and in the West Virginia regulations at of RCRA, as amended, allows EPA to codification reflects the State program 33CSR30–5. approve state UST programs to operate that will be in effect at the time EPA’s H. Where are the revised rules different in lieu of the federal program. EPA approved revisions to the West Virginia from the Federal rules? codifies its authorization of state UST program addressed in this direct programs in 40 CFR part 282 and final rule become final. If, however, EPA Broader in Scope Provisions incorporates by reference state statutes receives any significant negative Where an approved state program has and regulations that EPA will enforce comment opposing the proposed rule a greater scope of coverage than under sections 9005 and 9006 of RCRA then this codification will not take required by federal law, the additional and any other applicable statutory effect, and the State rules that are coverage is not part of the federally- provisions. The incorporation by approved after EPA considers public approved program and is not federally reference of state authorized programs comment will be codified instead. The enforceable (40 CFR 281.12(a)(3)(ii)). in the CFR should substantially enhance document incorporates by reference The following West Virginia the public’s ability to discern the West Virginia’s UST statutes and requirements are considered ‘‘broader in current status of the approved state regulations and clarifies which of these scope’’ than the federal program. In program and state requirements that can provisions are included in the approved accordance with 40 CFR 281.12(a)(3)(ii), be federally enforced. This effort and federally-enforceable program. By this additional coverage is not part of provides clear notice to the public of the codifying the approved West Virginia the federally-approved program and is scope of the approved program in each program and by amending the CFR, the not federally enforceable: state. public will more easily be able to West Virginia requires, at 33CSR30–3, discern the status of the federally- that individuals who install, repair, B . What is the history of codification of approved requirements of the West retrofit, upgrade, perform change-in- West Virginia’s UST program? Virginia program. service, close, or tightness test UST EPA incorporated by reference West EPA is incorporating by reference the systems or install, repair, upgrade or test Virginia’s approved UST program West Virginia approved UST program in corrosion protection on UST systems be effective June 15, 2004 (69 FR 33312, 40 CFR 282.98. Section certified. The requirement that installers June 15, 2004). In this document, EPA 282.98(d)(1)(i)(A) and (B) incorporates be certified is no less stringent than the is revising 40 CFR 282.98 to include the by reference for enforcement purposes federal requirements, and is therefore approved revisions. the State’s statutes and regulations. part of the federally-approved program. Section 282.98 also references the With respect to others who are required C. What codification decisions has EPA Attorney General’s Statement, to be certified, the West Virginia made in this rule? Demonstration of Adequate requirements are broader in scope. Incorporation by reference: In this Enforcement Procedures, the Program Additionally, fees are required to be rule, EPA is finalizing regulatory text Description, and the Memorandum of paid for the certifications, and such fee that includes incorporation by Agreement, which are approved as part requirements go beyond the scope of the reference. In accordance with the of the UST program under Subtitle I of

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56175

RCRA. These documents are not A. Executive Order 12866 Regulatory distribution of power and incorporated by reference. Planning and Review, Executive Order responsibilities established by RCRA. 13563: Improving Regulation and E. Executive Order 13045: Protection of D. What is the effect of West Virginia’s Regulatory Review codification on enforcement? Children From Environmental Health The Office of Management and Budget and Safety Risks The EPA retains the authority under (OMB) has exempted this action from This action also is not subject to sections 9005 and 9006 of Subtitle I of the requirements of Executive Order Executive Order 13045 (62 FR 19885, RCRA, 42 U.S.C. 6991d and 6991e, and 12866 (58 FR 51735, October 4, 1993) April 23, 1997), because it is not other applicable statutory and and 13563 (76 FR 3821, January 21, economically significant, and it does not regulatory provisions to undertake 2011). This action approves and codifies make decisions based on environmental inspections and enforcement actions State requirements for the purpose of health or safety risks. and to issue orders in approved States. RCRA section 9004 and imposes no If EPA determines it will take such additional requirements beyond those F. Executive Order 13211: Actions That actions in West Virginia, EPA will rely imposed by State law. Therefore, this Significantly Affect Energy Supply, on federal sanctions, federal inspection action is not subject to review by OMB. Distribution, or Use authorities, and federal procedures B. Executive Order 13771: Reducing This rule is not subject to Executive rather than the State’s authorized Regulations and Controlling Regulatory Order 13211, ‘‘Actions Concerning analogs to these provisions. Therefore, Costs Regulations that Significantly Affect EPA is not incorporating by reference Energy Supply, Distribution, or Use’’ (66 This action is not an Executive Order FR 28355, May 22, 2001) because it is such approved West Virginia procedural 13771 (82 FR 9339, February 3, 2017) and enforcement authorities. Section not a ‘‘significant regulatory action’’ as regulatory action because actions such defined under Executive Order 12866. 282.98(d)(1)(ii) of 40 CFR lists those as this final approval of West Virginia’s approved West Virginia authorities that revised underground storage tank G. National Technology Transfer and would fall into this category. program under RCRA are exempted Advancement Act E. What State provisions are not part of under Executive Order 12866. Under RCRA section 9004(b), EPA the codification? Accordingly, I certify that this action grants a State’s application for approval will not have a significant economic as long as the State meets the criteria The public also needs to be aware that impact on a substantial number of small required by RCRA. It would thus be some provisions of the State’s UST entities under the Regulatory Flexibility inconsistent with applicable law for program are not part of the federally- Act (5 U.S.C. 601 et seq.). EPA, when it reviews a State approval approved State program. Such C. Unfunded Mandates Reform Act and application, to require the use of any provisions are not part of the RCRA Executive Order 13175: Consultation particular voluntary consensus standard Subtitle I program because they are and Coordination With Indian Tribal in place of another standard that ‘‘broader in scope’’ than Subtitle I of Governments otherwise satisfies the requirements of RCRA. 40 CFR 281.12(a)(3)(ii) states that RCRA. Thus, the requirements of Because this action approves and where an approved state program has a Section 12(d) of the National codifies pre-existing requirements under greater scope of coverage than required Technology Transfer and Advancement State law and does not impose any by federal law, the additional coverage Act of 1995 (15 U.S.C. 272 note) do not additional enforceable duty beyond that apply. is not part of the federally-approved required by State law, it does not program. As a result, State provisions contain any unfunded mandate or H. Executive Order 12988: Civil Justice that are ‘‘broader in scope’’ than the significantly or uniquely affect small Reform federal program are not incorporated by governments, as described in the As required by Section 3 of Executive reference for purposes of enforcement in Unfunded Mandates Reform Act of 1995 Order 12988 (61 FR 4729, February 7, part 282. Section 282.98(d)(1)(iii) lists (2 U.S.C. 1531–1538). Currently there 1996), in issuing this rule, EPA has for reference and clarity the West are no federally recognized tribes in taken the necessary steps to eliminate Virginia statutory and regulatory West Virginia. Therefore, this action drafting errors and ambiguity, minimize provisions that are ‘‘broader in scope’’ also does not significantly or uniquely potential litigation, and provide a clear than the federal program and which are affect the communities of tribal legal standard for affected conduct. not, therefore, part of the approved governments, as specified by Executive program being codified in this action. Order 13175 (65 FR 67249, November 9, I. Executive Order 12630: Governmental Provisions that are ‘‘broader in scope’’ 2000). Actions and Interference With cannot be enforced by EPA; the State, Constitutionally Protected Property D. Executive Order 13132: Federalism Rights however, will continue to implement and enforce such provisions under State This action will not have substantial EPA has complied with Executive law. direct effects on the States, on the Order 12630 (53 FR 8859, March 15, relationship between the national 1988) by examining the takings III. Statutory and Executive Order government and the States, or on the implications of the rule in accordance Reviews distribution of power and with the ‘‘Attorney General’s responsibilities among the various Supplemental Guidelines for the This action only applies to West levels of government, as specified in Evaluation of Risk and Avoidance of Virginia’s UST Program requirements Executive Order 13132 (64 FR 43255, Unanticipated Takings’’ issued under pursuant to RCRA section 9004 and August 10, 1999), because it merely the executive order. imposes no requirements other than approves and codifies State those imposed by State law. It complies requirements as part of the State RCRA J. Paperwork Reduction Act with applicable Executive Orders (EOs) underground storage tank program This rule does not impose an and statutory provisions as follows: without altering the relationship or the information collection burden under the

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56176 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

provisions of the Paperwork Reduction Water supply, Underground storage Virginia obtains approval for the revised Act of 1995 (44 U.S.C. 3501 et seq.). tanks. requirements pursuant to section 9004 ‘‘Burden’’ is defined at 5 CFR 1320.3(b). of RCRA, 42 U.S.C. 6991c, the newly Cosmo Servidio, approved statutory and regulatory K. Executive Order 12898: Federal Regional Administrator, EPA Region 3. provisions will be added to this subpart Actions To Address Environmental For the reasons set forth in the and notice of any change will be Justice in Minority Populations and preamble, EPA is amending 40 CFR part published in the Federal Register. Low-Income Populations 282 as follows: (d) West Virginia has final approval Executive Order 12898 (59 FR 7629, for the following elements of its February 16, 1994) establishes federal PART 282—APPROVED program application originally executive policy on environmental UNDERGROUND STORAGE TANK submitted to EPA and approved on justice. Its main provision directs PROGRAMS September 23, 1997 and effective February 10, 1998, and the program federal agencies, to the greatest extent ■ 1. The authority citation for part 282 revision application approved by EPA, practicable and permitted by law, to continues to read as follows: make environmental justice part of their effective on November 10, 2020. mission by identifying and addressing, Authority: 42 U.S.C. 6912, 6991c, 6991d, (1) State statutes and regulations.—(i) as appropriate, disproportionately high and 6991e. Incorporation by reference. The and adverse human health or ■ 2. Revise § 282.2(b)(3) to read as provisions cited in this paragraph, and environmental effects of their programs, follows: listed in Appendix A to Part 282, with policies, and activities on minority the exception of the provisions cited in § 282.2 Incorporation by reference. populations and low-income paragraphs (d)(1)(ii) and (iii) of this populations in the United States. * * * * * section, are incorporated by reference as Because this rule approves pre-existing (b) * * * part of the approved underground State rules that are no less stringent than (3) Region 3 (Delaware, District of storage tank program in accordance with existing federal requirements, and Columbia, Maryland, Pennsylvania, Subtitle I of RCRA, 42 U.S.C. 6991 et imposes no additional requirements Virginia, West Virginia): 1650 Arch seq. (See § 282.2 for incorporation by beyond those imposed by State law, and Street, Philadelphia, PA 19103–2029. reference approval and inspection there are no anticipated significant ■ 3. Revise § 282.98 to read as follows: information.) The Director of the adverse human health or environmental § 282.98 West Virginia State-Administered Federal Register approves this effects, the rule is not subject to Program. incorporation by reference in Executive Order 12898. (a) The State of West Virginia is accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of L. Congressional Review Act approved to administer and enforce an underground storage tank program in the West Virginia regulations and The Congressional Review Act, 5 lieu of the federal program under statutes that are incorporated by U.S.C. 801–808, generally provides that Subtitle I of the Resource Conservation reference in this paragraph from Terry before a rule may take effect, the agency and Recovery Act of 1976 (RCRA), as Fletcher, Acting Communications promulgating the rule must submit a amended, 42 U.S.C. 6991 et seq. The Director, West Virginia Department of rule report, which includes a copy of State’s program, as administered by the Environmental Protection, 601 57th St. the rule, to each House of the Congress West Virginia Department of SE, Charleston, WV 25304; Phone and to the Comptroller General of the Environmental Protection, was number: 304–926–0499 ext 49720; email United States. EPA will submit a report approved by EPA pursuant to 42 U.S.C. address, [email protected]; containing this document and other 6991c and 40 CFR part 281 of this Hours: Monday–Friday, 7:00 a.m. to required information to the U.S. Senate, chapter. EPA approved the West 3:30 p.m. You may inspect all approved the U.S. House of Representatives, and Virginia underground storage tank material at the EPA Region 3 Office, the Comptroller General of the United program on September 23, 1997, and 1650 Arch Street, Philadelphia, PA States prior to publication in the approval was effective on February 10, 19103–2029 (Phone number: 215–814– Federal Register. A major rule cannot 1998. A subsequent program revision 2953); or the National Archives and take effect until 60 days after it is application was approved by EPA and Records Administration (NARA). For published in the Federal Register. This became effective on November 10, 2020. information on the availability of the action is not a ‘‘major rule’’ as defined (b) West Virginia has primary material at NARA, email fedreg.legal@ by 5 U.S.C. 804(2). However, this action responsibility for administering and nara.gov or go to http:// will be effective November 10, 2020 enforcing its federally-approved www.archives.gov/federal-register/cfr/ because it is a direct final rule. underground storage tank program. ibr-locations.html. Authority: This rule is issued under the However, EPA retains the authority to (A) West Virginia Statutory authority of section 9004 of the Solid Waste exercise its inspection and enforcement Requirements Applicable to the Disposal Act of 1965, as amended, 42 U.S.C. authorities under sections 9005 and Underground Storage Tank Program, 6991c. 9006 of Subtitle I of RCRA, 42 U.S.C. June 2011. (B) West Virginia Regulatory List of Subjects in 40 CFR Part 282 6991d and 6991e, regardless of whether the State has taken its own actions, as Requirements Applicable to the Environmental protection, well as under any other applicable Underground Storage Tank Program, Administrative practice and procedure, statutory and regulatory provisions. June 2018. Confidential business information, (c) To retain program approval, West (ii) Legal basis. EPA evaluated the Hazardous substances, Incorporation by Virginia must revise its approved following statutes and regulations, reference, Insurance, Intergovernmental program to adopt new changes to the which are part of the approved program, relations, Oil pollution, Penalties, federal Subtitle I program which makes but they are not being incorporated by Petroleum, Reporting and recordkeeping it more stringent, in accordance with reference for enforcement purposes and requirements, State program approval, Section 9004 of RCRA, 42 U.S.C. 6991c do not replace federal authorities: Surety bonds, Water pollution control, and 40 CFR part 281, subpart E. If West (A) The statutory provisions include:

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56177

(1) Code of West Virginia, Chapter 22, Section 33–30–6 Operator Training Section 22–17–6 Promulgation of rules and Article 17: Underground Storage Tank Requirements standards by director, except § 22.17– Act 6.(b)(12) (except as to installation) and (2) West Virginia Code of State (b)(13) Section 22–17–5 Powers and duties of Regulations, Title 33: Office of Waste Section 22–17–8 Notification requirements director; integration with other acts Management Rule, Series 31: Section 22–17–9 Registration requirements; Section 22–17–6 Promulgation of rules Underground Storage Tank Fee undertaking activities without registration and standards by director, § 22–17– Assessments Section 22–17–10 Financial responsibility 6.(b)(13) (2) Statement of Legal Authority. Section 22–17–11 Performance standards Section 22–17–12 Confidentiality, ‘‘Attorney General’s Statement’’, signed for new underground storage tanks § 22–17–12.(b) by the Acting General Counsel, Chief of Section 22–17–12 Confidentiality, except Section 22–17–13 Inspections, § 22–17–12.(b) the Office of Legal Services, West Section 22–17–14 Corrective action for monitoring, and testing Virginia Department of Environmental Section 22–17–15 Administrative underground petroleum storage tanks Protection, on June 8, 2017, though not Section 22–17–22 Underground storage orders; injunctive relief; requests for incorporated by reference, is referenced tank insurance fund reconsideration as part of the approved underground Section 22–17–16 Civil penalties (b) The regulatory provisions include: storage tank program under Subtitle I of (1) West Virginia Code of State Section 22–17–17 Public participation RCRA, 42 U.S.C. 6991 et seq. Regulations, Title 33: Waste Management Section 22–17–18 Appeal to Rule, Series 30: Underground Storage Tanks environmental quality board (3) Demonstration of Procedures for Adequate Enforcement. The Section 33–30–1 General Section 22–17–23 Duplicative Section 33–30–2 Adoption of Federal enforcement prohibited ‘‘Demonstration of Procedures for Adequate Enforcement’’ submitted as Regulations (2) Code of West Virginia, Chapter 22, part of the program revision application Section 33–30–3 Certification Requirements Article 1: Department of Environmental for Individuals Who Install, Repair, on June 24, 2018, though not Protection Retrofit, Upgrade, Perform Change-in- incorporated by reference, is referenced Section 22–1–2 Definitions Service, Close or Tightness Test as part of the approved underground Underground Storage Tank Systems or (B) The regulatory provisions include: storage tank program under Subtitle I of Install, Repair, Upgrade or Test Corrosion (1) West Virginia Code of State RCRA, 42 U.S.C. 6991 et seq. Protection on Underground Storage Tank Regulations, Title 33: Waste (4) Program Description. The program Systems (as to Individuals Who Install) Management Rule, Series 30: description and any other material Section 33–30–4 Notification Requirements Underground Storage Tanks submitted as part of the program Notification for Underground Storage Section 33–30–5 Delivery Prohibition revision application on June 24, 2018, Tanks, revised 2/2018 (iii) Provisions not incorporated by though not incorporated by reference, is [FR Doc. 2020–17345 Filed 9–10–20; 8:45 am] reference. The following statutory and referenced as part of the approved BILLING CODE 6560–50–P regulatory provisions are ‘‘broader in underground storage tank program scope’’ than the federal program, are not under Subtitle I of RCRA, 42 U.S.C. part of the approved program, and are 6991 et seq. DEPARTMENT OF COMMERCE not incorporated by reference. These (5) Memorandum of Agreement. The provisions are not federally enforceable. Memorandum of Agreement between National Oceanic and Atmospheric (A) The statutory provisions include: EPA Region 3 and the West Virginia Administration (1) Code of West Virginia, Chapter 22, Department of Environmental Article 17: Underground Storage Tank Protection, signed by the EPA Regional 50 CFR Part 600 Act Administrator on July 8, 2018, though [Docket No. 200–903–0233] Section 22–17–6 Promulgation of rules not incorporated by reference, is and standards by director, § 22–17– referenced as part of the approved RIN 0648–BH73 6.(b)(12) (except as to installation) underground storage tank program Section 22–17–7 Underground storage under Subtitle I of RCRA, 42 U.S.C. Magnuson-Stevens Fishery tank advisory committee; purpose 6991 et seq. Conservation and Management Act Provisions; Regional Fishery Section 22–17–19 Disclosures required ■ 4. Appendix A to part 282 is amended in deeds and leases Management Council Membership; by revising the entry for West Virginia Financial Disclosure and Recusal Section 22–17–20 Appropriation of to read as follows: funds; underground storage tank AGENCY: National Marine Fisheries administrative fund Appendix A to Part 282—State Service (NMFS), National Oceanic and Section 22–17–21 Leaking Requirements Incorporated by Atmospheric Administration (NOAA), underground storage tank response Reference in Part 282 of the Code of Commerce. fund Federal Regulations ACTION: Final rule. (2) [Reserved] * * * * * (B) The regulatory provisions include: SUMMARY: NMFS is taking final action to (1) West Virginia Code of State West Virginia amend the regulations that address Regulations, Title 33: Waste (a) The statutory provisions include: disclosure of financial interests by, and Management Rule, Series 30: (1) Code of West Virginia, Chapter 22, voting recusal of, council members Underground Storage Tanks Article 17: Underground Storage Tank Act appointed by the Secretary of Commerce Section 33–30–3 Certification Section 22–17–1 Short title (Secretary) to the regional fishery Requirements for Individuals who Section 22–17–2 Declaration of policy and management councils established under purpose Install, Repair, Retrofit, Upgrade, Section 22–17–3 Definitions the Magnuson-Stevens Fishery Perform Change-in-Service, Close or Section 22–17–4 Designation of division of Conservation and Management Act. The Tightness Test Underground Storage environmental protection as the state regulatory changes will provide Tank Systems (except as to underground storage tank program lead guidance to (1) ensure consistency and Individuals who Install) agency transparency in the calculation of a

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56178 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Council member’s financial interests; (2) determinations. Specifically, NMFS marketing, and vessel ownership, an determine whether a close causal link invited public comment on whether affected individual with a financial exists between a Council decision and a partial attribution should extend to interest in a lobbying or advocacy benefit to a Council member’s financial cases where the affected individual is an organization is unlikely to ever have a interest; and (3) establish regional employee, a member of an association or significant financial interest that leads procedures for preparing and issuing organization, a spouse, partner, or minor to recusal. The Magnuson-Stevens Act recusal determinations. This final rule child of a council member, or in cases does not exempt lobbying and advocacy will improve implementation of the of parent ownership; on whether there organizations from the possibility of statutory requirements governing are additional circumstances that merit recusal and gives NMFS the authority to disclosure of financial interests and an exception from the standard that a develop appropriate regulations to voting recusal at section 302(j) of the close causal link exists for all Council define such conduct. Magnuson-Stevens Fishery decisions that require implementing Response: Section 302(j)(7) states that Conservation and Management Act regulations and that affect a fishery or an affected individual required to (Magnuson-Stevens Act). sector of a fishery in which an affected disclose a financial interest under DATES: The final rule will be effective individual has a financial interest; section 302(j)(2) must not vote on a October 13, 2020. whether partial attribution Council decision that would have a appropriately reflects the attenuated significant and predictable effect on FOR FURTHER INFORMATION CONTACT: nature of indirect ownership. NMFS such financial interest. Section 302(j)(7) Brian Fredieu, National Marine also invited comment on whether a 50 also states that a Council decision will Fisheries Service, Headquarters: 301– percent ownership threshold captures be considered to have a significant and 427–8578 or [email protected]. the nature of direct ownership, predictable effect on a financial interest SUPPLEMENTARY INFORMATION: including whether an interest of less if there is a close causal link between Background than 50 percent might in some cases be the Council decision and an expected controlling, and noted that any and substantially disproportionate In November 2018, NMFS published subjective control test would likely benefit to the financial interest of the a proposed rule to amend the financial require council members to submit affected individual relative to the disclosure and recusal regulations. See additional financial information and financial interests of other participants 83 FR 57705 (November 16, 2018). The would require NMFS to develop a in the same gear type or sector of the proposed rule sought to modify the process and expertise to analyze control. fishery affected by the Council decision. regulations at 50 CFR 600.235 to Section 302(j)(7) was originally added provide guidance to (1) ensure Changes From the Proposed Rule to the Magnuson-Stevens Act with the consistency and transparency in the NMFS modifies the proposed Sustainable Fisheries Act of 1996 (SFA) calculation of an affected individual’s regulations at 50 CFR (Pub. L. 104–297). Section 302(j)(7)(F) financial interests; (2) determine 600.235(c)(6)(ii)(A) and at directed NMFS to promulgate whether a close causal link exists § 600.235(c)(6)(ii)(E)(1) to remove the 50 regulations which prohibit an affected between a Council decision and a percent ownership threshold for full individual from voting on Council benefit to an affected individual’s attribution and apply the partial decisions that would have a significant financial interest; and (3) establish attribution principle for direct and predictable effect on the affected regional procedures for preparing and ownership regardless of the percentage individual’s financial interests. NMFS issuing recusal determinations. The ownership held by an affected published a proposed rule in August proposed rule also sought to make individual or an affected individual’s 1997 (62 FR 42474; August 7, 1997) and several minor modifications to the spouse, partner, or minor child. NMFS’ a final rule in November 1998 (63 FR regulations governing financial rationale for these changes is provided 64182; November 19, 1998). disclosure. The preamble of the in the response to Comment 3. At the time NMFS was developing the proposed rule provided substantial 1997 proposed rule, section 302(j)(2) did detailed information on the background Responses to Public Comments not include the terms ‘‘lobbying’’ or and application of the recusal NMFS received four public comments ‘‘advocacy’’ as types of financial regulations, the issues that have arisen during the comment period on the interests that must be disclosed. given the lack of regulations addressing proposed rule. Three of those were from However, NMFS required, and still certain aspects of recusal, and a detailed the New England, North Pacific, and requires, disclosure of a financial description and rationale of the Western Pacific Regional Fishery interest in an association that provides regulatory changes being proposed to Management Councils and one was from representational services (such as determine when a voting recusal is a private citizen. Most commenters lobbying and advocacy) for those required and the process for issuing made multiple comments in one involved with the fishery, such as recusal determinations. See 83 FR document. Comments were generally in fishermen and processors. NMFS 57705–57713 (November 16, 2018). favor of the changes made in the recognized that many affected NMFS invited public comment on proposed rule but some expressed individuals had these types of financial whether the changes in the proposed concerns over certain provisions. The interests and that NMFS would have to rule were sufficient and effective in specific comments and our responses determine whether the significant and distinguishing the calculation of direct are as follows. predictable effect standard for voting ownership, indirect ownership and Comment 1: The New England recusal applied to these affected employment interests; whether the Fishery Management Council (NEFMC) individuals. proposed language appropriately requested that NMFS provide guidance As NMFS explained in the preamble defines when a close causal link exists on when a financial interest in a of the 1997 proposed rule, ‘‘Affected between a Council decision and a lobbying or advocacy organization individuals who have financial interests benefit; and whether the establishment should lead to a voting recusal. The in businesses or not-for-profit of regional procedures provides NEFMC noted that because ‘‘significant organizations closely related to consistency and transparency in the financial interest’’ is defined solely on harvesting, processing, or marketing preparation and issuance of recusal the basis of harvesting, processing, activities are covered by section 302(j)

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56179

of the Magnuson-Stevens Act and must informed of possible biases by members with that of other participants in the disclose those interests. Examples are affiliated with certain sectors of the fishery sector, the criteria for recusal . . . business or economic consultants fishing industry.’’ (Emphasis in continue to be limited to persons whose to the fishing industry .... Because original.) Comment 4 perceived an financial interests are directly linked to the effects of Council decisions on this inconsistency in the 1997 proposed rule harvesting, processing, or marketing type of financial interest are unlikely to between the broad scope of disclosure activities. This final rule amends the be ‘significant or predictable,’ we do not and the narrow scope of financial regulations at 50 CFR 600.235(c) to add foresee recusals by such individuals interests that would disqualify an a new paragraph § 600.235(c)(6)(D), under § 600.235(c) . . . .’’ (see 42476 at affected individual from voting. The which provides guidance on calculating 62 FR 42474; August 7, 1997). The commenter stated that the disqualifying a significant financial interest for an preamble went on to specifically interests should be broadened to match affected individual who is employed by, address affected individuals who are the disclosed interests so that or who may serve as an officer, director, employed by or represent associations representatives of fishing industry board member, or trustee of, an of fishermen, processors, or dealers associations would be subject to the association or organization related to stating, ‘‘[These affected individuals] recusal provisions at 302(j)(7). NMFS harvesting, processing, or marketing. would be required to disclose, in disagreed with the comment, stating, Comment 2: The North Pacific Fishery addition to his/her own interests, the ‘‘The legislative history . . . indicates Management Council (NPFMC) financial interests of the association in that Congress was concerned about requested that NMFS provide additional harvesting, processing, or marketing members who votes on Council actions clarification as to how indirect activities that are or will be undertaken might result in direct gain or loss to employment (such as consultants) is within any fishery under the themselves or their companies. The SFA considered in the determination of jurisdiction of his or her Council.’’ Most disqualifies members from voting on significant financial interest. The importantly, NMFS then stated the decisions that would have a ‘significant NPFMC contended that there is an following: ‘‘The financial interests of the and predictable effect’ on their financial apparent inconsistency in NMFS association would be considered as interests. That phrase was defined as ‘a attributing all fishing activity to the separate from the financial interests of close causal link between the Council affected individual when he or she is an its individual members. A vote taken on decision and an expected and employee of a company, but not a Council decision that might have a substantially disproportionate benefit to attributing to an affected individual who significant and predictable effect on the the financial interest of the affected is a director of an association or members of the association would not individual relative to the financial organization any of the fishing activity be considered to have a significant and interests of other participants in the of the association’s or organization’s predictable effect on the financial same gear type or sector of the fishery.’ members, particularly when that interests of the representative.’’ In developing the [1997] proposed rule, association or organization may have (Emphasis added.) and again in considering the final rule, been explicitly formed to influence NMFS focused on the comparative council decisions and whose director’s In the preamble to the 1998 final rule, annual compensation may be directly NMFS further explained its rationale in aspect of the defined term. The disqualifying effect is not that the related to council decisions. its responses to Comments 3 and 4 (see Response: The proposed and final Council action will have a significant 63 FR 64182, 64183; November 19, rules do not use the term ‘‘indirect impact on the member’s financial 1998). Comment 3 stated that the 1997 employment.’’ An affected individual interest; the action must have a proposed rule was overly broad in that who has employment with a business it required affected individuals to disproportionate impact as compared that provides representational services disclose financial interests in industries with that of other participants in the for clients who are involved in the related to, but not directly involved in, fishery sector. Therefore, the criteria for harvesting, processing, or marketing of fishing, processing or marketing. NMFS recusal are limited to persons whose fisheries under the jurisdiction of the disagreed with the comment, stating, financial interests are directly linked to Council, such as a consultant, must ‘‘NMFS has long interpreted section harvesting, processing, or marketing disclose that financial interest under the 302(j)(2) to require affected individuals activities.’’ Magnuson-Stevens Act and the to disclose financial interests in Although the Magnuson-Stevens Act regulations. This final rule amends activities related to harvesting, was amended in 2006 by the Magnuson- § 600.235(c) to add a new paragraph processing, or marketing. If NMFS had Stevens Reauthorization Act (Pub. L. § 600.235(c)(6)(D), which provides read the financial-disclosure provision 109–479) to add the terms ‘‘lobbying’’ guidance on calculating a significant as narrowly as [the commenter] and ‘‘advocacy’’ to section 302(j)(2), the financial interest for an affected suggests, many Council members such recusal standard set forth in section individual who is employed by a as fisheries association officers would 302(j)(7) remained the same. Therefore, business or organization that provides have been subject to criminal liability NMFS continues to adhere to its consulting services for persons directly under 18 U.S.C. 208. They would have originally stated positions: (1) That the involved in harvesting, processing, or been unable to even participate in financial interests of the association are marketing. New paragraph Council deliberations on issues affecting separate from the financial interests of § 600.235(c)(6)(D) reflects NMFS’ long- their employment or other fiduciary its individual members, and a vote held position that an affected interests. NMFS believes Congress taken on a Council decision that might individual’s financial interest in an intended . . . to allow persons with have a significant and predictable effect association, or a consulting business, are financial interest in activities related to on the members of the association is not separate from the financial interests of harvesting, processing, or marketing to considered to have a significant and its individual members or clients, and continue serving on Councils on the predictable effect on the financial that the significant and predictable same footing as persons with more interests of the representative; and (2) standard set forth in section 302(j)(7), direct interests. The ‘price’ of this that because the significant and which requires a disproportionate participation was the disclosure of those predictable effect standard requires a impact as compared with that of other interests, so that the public could be disproportionate impact as compared participants in the fishery sector for

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56180 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

voting disqualification, dictates that the attribution and apply the partial an affected individual who directly criteria for recusal must be limited to attribution principle for direct owns 50 percent or more of a company. persons whose financial interests are ownership regardless of the percentage NMFS proposed the 50 percent directly linked to harvesting, ownership held by an affected threshold for full versus partial processing, or marketing activities in the individual or an affected individual’s attribution as a mid-point on the fishery affected by the Council decision. spouse, partner or minor child. As a attribution continuum, with full With respect to the concern about the result of this change, an affected attribution regardless of percentage director or other employee of an individual will only be attributed 100 ownership at one end and attribution association or organization whose percent of a company’s harvesting, based on actual percentage of direct compensation may be directly related to processing and marketing activity if the ownership at the other end. NMFS Council decisions, a detailed affected individual or his or her spouse, specifically asked the public for explanation of NMFS’s position as it partner or minor child directly owns comments on this aspect of the relates to this regulation is provided in 100 percent of that company. If an proposed rule and purposely described the response to Comment 4. However, affected individual or his or her spouse, the NPFMC’s position on this aspect of we note that a director or other partner or minor child directly owns the proposed rule in the preamble to employee of such an association or something less than 100 percent of a indicate to, and inform, the public that organization who serves as a Council company, NMFS will attribute the NPFMC and some of its members member and compensation may be harvesting, processing and marketing had strongly held opinions on this directly linked to certain Council activity to the affected individual aspect of the proposed rule. However, outcomes may be subject to the commensurate with the percentage of NMFS did not receive any comments (1) restrictions set forth in 50 CFR direct ownership. supporting the proposed 50 percent 600.225(b)(9). This provision provides As was explained in the proposed direct ownership threshold for partial that ‘‘no Council member may rule preamble, individual NPFMC versus full attribution; (2) requesting participate personally and substantially members and the NPFMC as a whole that NMFS continue its past practice of as a member . . . in a particular matter have objected to NMFS’s practice of full attribution regardless of percentage in which the member . . . has a fully attributing all fishing activity of a ownership; or (3) criticizing the financial interest.’’ This provision company to an affected individual when attribution approach advocated by the implements the prohibitions contained the affected individual directly owns NPFMC or advocating for a different in the criminal conflict of interest something less than 100 percent of that attribution approach than the one statute found at 18 U.S.C. 208. Council fishing company. The arguments against proposed by NMFS. members who may have a financial full attribution and for partial In the proposed rule preamble, NMFS interest in a particular matter should attribution in a partial ownership stated that the proposed 50 percent consult with the appropriate designated situation have focused on consistency threshold for full versus partial official to determine whether their with common business practices, attribution stemmed from the agency’s participation in that matter would raise promoting fairness, and avoiding concern that an affected individual who concerns under 50 CFR 600.225. unintended results that can increase the owns 50 percent or more of a company Comment 3: The NPFMC disagreed likelihood of voting recusals. The would have more control over the with the provision in the proposed rule NPFMC and some of its members have actions of the company, and therefore that would attribute all (i.e., 100 explained that common business should be attributed with all of the percent) of a company’s fishing activity practices support using a proportional company’s harvesting, processing, and to a Council member when the Council share, or partial attribution, approach marketing activity. However, NMFS member directly owns 50 percent or because an affected individual who recognizes that ‘‘control’’ of a company more of that company. The NPFMC owns five percent of a fishing company is an elusive factor on which to base stated that this provision ignores only receives five percent of the recusal determinations. Additionally, complex ownership and management company’s distributions. If an affected NMFS recognizes that ‘‘control’’ of a arrangements of many Alaska fishing individual owns only five percent of the company can come in ways other than companies (e.g., CDQ and family owned company, attribution of all of the percentage of direct ownership and is companies), and incorrectly equates a company’s fishing activity unreasonably not necessarily tied solely to an majority ownership with having a and unfairly credits the affected ownership percentage. NMFS also different level of financial interest than individual with a greater financial recognizes that it does not have the tools a minority ownership (i.e., a direct interest in the company than is actually or the time to conduct investigations of ownership interest in a company that is owned. Crediting an affected individual an affected individual’s possible less than 50 percent). As an alternative, with a greater financial interest than is ‘‘control’’ over a company in preparing the NPFMC recommended that NMFS actually owned increases the chance of recusal determinations. NMFS also re- proportionately attribute fishing activity determining a voting recusal is required examined its proposed attribution to a Council member based on his or her even though the affected individual’s position for direct ownership relative to percentage of direct ownership in a actual financial interest in the fishery its proposed attribution position for company. may not represent a significant interest indirect, or subsidiary, ownership. Response: NMFS considered the in the affected fishery if the individual’s While ‘‘control’’ could exist with a high comment and agrees that the regulations true ownership and activity level is percentage ownership of a subsidiary should proportionately attribute fishing considered. The NPFMC has argued that company, NMFS proposed partial activity to an affected individual based use of the full attribution approach is an attribution regardless of percentage on his or her percentage of direct ‘‘unfair and illogical interpretation of owned for indirect ownership. ownership in a company. With this final the recusal regulations, and results in NMFS agrees that partial attribution rule, NMFS modifies the proposed unintended recusals of Council proportional to a Council member’s regulations at 50 CFR members.’’ percentage of direct and indirect 600.235(c)(6)(ii)(A) and NMFS was aware of the NPFMC’s company ownership more closely § 600.235(c)(6)(ii)(E)(1) to remove the 50 arguments for partial attribution when it reflects common business practices, percent ownership threshold for full proposed continuing full attribution for promotes fairness, and avoids

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56181

unintended results that can increase the financial interest. NMFS also recognizes As referenced in the NMFS Policy likelihood of voting recusals. For the that employees do not necessarily have Directive 01–116, the Councils, reasons stated above, NMFS agrees with control over their employers’ interests specifically the Council Executive the comment and has modified or actions. However, NMFS does not Directors, are responsible for reviewing proposed regulations at 50 CFR have the discretion to consider only the submission of financial disclosures, 600.235(c)(6)(ii)(A) with this final rule. situations where there would be a advising the NMFS Regional Although the NPFMC’s comment significant and direct financial benefit Administrator and NOAA General focused on direct ownership by an to employees as a result of a fishery Counsel Regional Section if there are affected individual, NMFS’ decision to management council action. In the case discrepancies, and reviewing make changes based upon that comment of an employee, the Act requires disclosures prior to meetings as well as also has applicability to the proposed disclosure of any financial interest held recording any incidences of recusals for attribution principle for direct by both the individual and any reporting purposes. The Councils are ownership by a spouse, partner or minor organization in which the individual is integral in assisting NMFS in the child at 50 CFR 600.235(c)(6)(ii)(E)(1). serving as an employee. The recusal implementation of section 302(j) of the In developing the proposed rule, NMFS requirement specifically relates to both MSA. NMFS intends to include the determined that the attribution of those financial interests—that is, an Councils in reviewing the Regional principle applicable to direct ownership affected individual may not vote on a Recusal Determination Procedure by an affected individual should be the Council decision that would have a Handbooks prior to final publication same as the attribution principle significant and predictable effect on the and in any subsequent review of those applicable to direct ownership by an financial interest of either the employer Handbooks. affected individual’s spouse, partner or or the employee. The Act does not allow Comment 6: The NEFMC commented minor child. Therefore, the proposed us to consider the nature of employment that the proposed rule language regulatory text at § 600.235(c)(6)(ii)(E)(1) or the type of compensation when updating the ‘‘close causal link’’ mirrored the proposed regulatory text at making recusal determinations. definition is very subjective and § 600.235(c)(6)(ii)(A). Comment 5: The NEFMC commented provides little guidance to Council NMFS received no comments that there should be guidance specifying members or the designated official suggesting that different attribution when recusal determinations will be preparing the determination. They principles for direct ownership should made and how quickly action will be commented that this will lead to endless apply to an affected individual versus taken on a request for review. debates over whether a relationship is the affected individual’s spouse, partner Additionally, the NEFMC commented real or speculative. They recommended or minor child, and determined that its that the recusal process and the regional the inclusion of examples as is done in proposed policy of applying the same handbook should be developed and some regulations (e.g., 5 CFR attribution principle should continue. In modified in consultation with the 2635.402(b)(1)) may help clarify this keeping with that policy, NMFS Council. issue. Another commenter noted that modifies 50 CFR 600.235(c)(6)(ii)(E)(1) Response: NMFS agrees that there the proposed rule states that there is no to remove the 50 percent ownership should be specific guidance on when close causal link where the affected threshold for full attribution and apply recusal determinations are made and the individuals’ financial interest is the partial attribution principle for timeline for review of those attenuated or is contingent on the direct ownership regardless of the determinations. The NMFS Policy occurrence of events that are percentage ownership held by an Directive 01–116 states that it is the speculative. This commenter noted that affected individual’s spouse, partner, or policy of NMFS to carry out the these terms are ambiguous, and if minor child. responsibilities of the Secretary construed broadly, problematic, thus Comment 4: One comment noted that pursuant to section 302(j) of the MSA leaving room for non-recusal based on a Council member can own up to 49 and implementing regulations to no more than a plausible claim that percent of a company without meeting provide an effective process for there is some speculative, contingent the threshold for recusal. The submission and review of financial event standing between a council commenter noted, however, an disclosures and for resolving any regulation and its effect on an affected employee of that same company would conflicts of interest by Council individuals’ financial interest. be attributed 100 percent ownership and members. That policy includes Response: Section 302(j)(7)(A) of the be subject to recusal. The commenter implementing the process in this final MSA states that a Council decision is wrote that an employee does not have rule. NMFS will require that each NMFS considered to have a ‘‘significant and legal control over a company and Regional Office, in conjunction with the predictable effect’’ on a financial should not be held to a higher standard NOAA Office of General Counsel, interest if there is a close causal link than that of a minority owner and if publish and make publicly available a between the Council decision and an attribution is to be applied to Regional Recusal Determination expected and substantially employees, the proposed rule must Procedure Handbook. As reflected in the disproportionate benefit to the financial further define categories of employment final rule, the handbook would include, interests. As noted in the proposed rule, (officer, director, etc.) and compensation among other items: A description of the since implementation of the recusal (commission, bonus, shareholder, etc.) process for preparing and issuing a regulations in 1999, designated officials that would lead to significant and direct recusal determination relative to the have understood that the Magnuson- financial benefit to employees as a timing of a Council decision; a Stevens Act and the regulations require result of management actions. description of the process by which the a voting recusal when there is a close Response: NMFS recognizes that there Council, Council members, and the causal link between the Council is a range of employee-employer public will be made aware of recusal decision and an expected and relationships and compensation models. determinations; and a description of the substantially disproportionate benefit to For example, employees may be officers process for identifying the designated an affected individual’s financial or directors with significant financial official(s) who will prepare recusal interest in the fishery or sector of the interest in the employer, or they may be determinations and attend Council fishery affected by the Council decision. hourly wage employees, with no other meetings. Without any regulatory guidance

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56182 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

concerning the close causal link cannot be based on mere speculation or PART 600—MAGNUSON-STEVENS requirement NMFS proposed to create a inferences drawn from other inferences; ACT PROVISIONS definition of close causal link to better but must be a conclusion supported by guide the application of the requirement direct and real information provided to ■ 1. The authority citation for part 600 for causation between a Council the determining official. NMFS agrees continues to read as follows: decision and an expected and that including some examples of how a Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 substantially disproportionate benefit to determining official may reach or not et seq. the financial interests of an affected reach the conclusion that a close causal ■ 2. In § 600.235; individual. Contrary to the idea that link exists could be helpful both to the ■ a. Revise the section heading; there would be endless debates on public, the agency, and the Councils ■ b. In paragraph (a), add in alphabetical whether a relationship is real or and will advise that examples be order the definitions for ‘‘Close causal speculative, NMFS concluded that included in the Regional Recusal link,’’ ‘‘Expected and substantially generally a close causal link between a Determination Procedure Handbook. disproportionate benefit,’’ and benefit and a Council decision exists for ‘‘Significant financial interest;’’ all Council decisions, especially those Classification ■ c. Redesignate paragraphs (b)(5) with implementing regulations. The NMFS Assistant Administrator through (b)(7) as paragraphs (b)(6) However, NMFS also recognizes that has determined that this rule is through (b)(8), respectively, add new there may be rare instances where no consistent with the provisions of the paragraph (b)(5), and revise newly impact would occur or where the chain Magnuson-Stevens Fishery redesignated paragraph (b)(8); ■ of causation is attenuated. The final rule Conservation and Management Act, and d. Revise paragraph (c)(3), redesignate acknowledges this, stating that a causal other applicable law. paragraph (c)(4) as (c)(7), and add new link does not exist if there is ‘‘no real, paragraphs (c)(4), (c)(5), and (c)(6); as opposed to speculative, possibility This rule has been determined to be ■ e. Revise (f) introductory text, (f)(1), that the Council decision will affect the significant for purposes of Executive and add paragraph (f)(6); affected individual’s financial interest.’’ Order 12866. ■ f. Revise paragraphs (g)(2) and (h) to The concept of a financial benefit being This rule modifies regulations at 50 read as follows: ‘‘real, as opposed to speculative’’ is CFR 600.235 to provide guidance to: (1) § 600.235 Financial disclosure and necessarily subjective as it is based Ensure consistency and transparency in recusal. upon the facts of the matter before a the calculation of an affected designated official, including the type (a) * * * individual’s financial interests; (2) Close causal link means that a and subject of a Council decision at determine whether a close causal link Council decision would reasonably be hand and the category of interest exists between a Council decision and a expected to directly impact or affect the disclosed by a voting Council member. benefit to an affected individual’s financial interests of an affected Furthermore, interpretation of the financial interest; and (3) establish individual. phrase, ‘‘real, as opposed to regional procedures for preparing and * * * * * speculative’’ can be found in both issuing recusal determinations. Expected and substantially current federal conflict of interest law Commerce certified the rule at the and in the concept of causation in other disproportionate benefit means a proposed rule stage. At the final rule positive or negative impact with regard areas of law. For example, the primary stage the ownership interest has been federal conflict of interest statute, 18 to a Council decision that is likely to adjusted. This rule regulates only those affect a fishery or sector of a fishery in U.S.C. 208, requires a disqualification of Council members who have voting a government employee in a matter in which the affected individual has a privileges and are appointed to their significant financial interest. which the employee, the employee’s position by the Secretary of Commerce. family or connected organization has a As such, this rule would have no effect * * * * * Significant financial interest means: financial interest and the matter in on any small entities, as defined under (1) A greater than 10-percent interest which the employee would be involved the Regulatory Flexibility Act, 5 U.S.C. in the total harvest of the fishery or has a real possibility of affecting those 601. As a result, a final regulatory interests. The regulations of the Office sector of the fishery affected by the flexibility analysis is not required and Council decision; of Governmental Ethics explains that a none has been prepared. matter will have a direct effect on a (2) A greater than 10-percent interest financial interest if there is a close List of Subjects in 50 CFR Part 600 in the marketing or processing of the causal link between any decision or total harvest of the fishery or sector of action to be taken in the matter and any Administrative practice and the fishery affected by the Council expected effect, further noting that the procedure, Confidential business decision; or chain of causation must not be information, Fisheries, Fishing, Fishing (3) Full or partial ownership of more ‘‘attenuated’’ or ‘‘contingent upon the vessels, Foreign relations, than 10 percent of the vessels using the occurrence of events that are speculative Intergovernmental relations, Penalties, same gear type within the fishery or or that are independent of . . . the Reporting and recordkeeping sector of the fishery affected by the matter’’. See 5 CFR 2635.402. Here, the requirements, Statistics. Council decision. term ‘‘speculative’’ does not describe a Dated: September 4, 2020. * * * * * type of event, as one commenter noted, Samuel D. Rauch III, (b) * * * but rather the probability that a link (5) The Regional Administrator must Deputy Assistant Administrator for between the Council decision and retain the Financial Interest Form for a Regulatory Programs, National Marine Council member for 20 years from the whether a substantially disproportionate Fisheries Service. benefit exists. The determining official date the form is signed by the Council must establish that it is more likely than For reasons set out in the preamble, member or in accordance with the not that the decision causes the benefit. NMFS amends 50 CFR part 600 as current NOAA records schedule. Therefore, the proof of a causal link follows: * * * * *

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56183

(8) The Regional Administrator must (ii) For Council decisions that do not affected individual all harvesting, retain the Financial Interest Forms of all require implementing regulations, a processing, and marketing activity of, SSC members for at least five years after close causal link exists if there is a real, and all vessels owned by, a company the expiration of that individual’s term as opposed to speculative, possibility when the affected individual owns 100 on the SSC. Such forms are not subject that the Council decision will affect the percent of that company. If an affected to sections 302(j)(5)(B) and (C) of the affected individual’s financial interest. individual owns less than 100 percent Magnuson-Stevens Act. (5) A designated official will of a company, the designated official (c) * * * determine that an expected and will attribute to the affected individual (3) In making a determination under substantially disproportionate benefit the harvesting, processing, and paragraph (f) of this section as to exists if an affected individual has a marketing activity of, and vessels owned whether a Council decision will have a significant financial interest (see by, the company commensurate with significant and predictable effect on an paragraph (c)(6) of this section) in the the affected individual’s percentage of affected individual’s financial interests, fishery or sector of the fishery that is ownership. The designated official will the designated official will: likely to be positively or negatively attribute to an affected individual all (i) Initially determine whether the affected by the Council decision. The harvesting, processing, and marketing action before the Council is a Council magnitude of the positive or negative activity of, and all vessels owned by, a decision, and whether the affected impact is not determinative of whether company that employs the affected individual has any financial interest in there is an expected and substantially individual. the fishery or sector of the fishery disproportionate benefit. The (B) For attributions concerning affected by the action. determining factor is the affected indirect ownership (companies owned (ii) If the designated official individual’s significant financial by an affected individual’s company or determines that the action is not a interest in the fishery or sector of the employer) the designated official will Council decision or that the affected fishery affected by the Council decision. attribute to the affected individual the individual does not have any financial (6) When calculating significant harvesting, processing, and marketing interest in the fishery or sector of the financial interest, the designated official activity of, and vessels owned by, a fishery affected by the action, the will rely on certain information. company that is owned by that affected designated official’s inquiry ends and (i) The information to be used is as individual’s company or employer the designated official will determine follows: commensurate with the affected that a voting recusal is not required (A) The designated official will use individual’s percentage ownership in under 50 CFR 600.235. the information included in the the directly owned company, and the (iii) However, if the designated Financial Interest Form and any other directly owned company’s ownership in official determines that the action is a reliable and probative information the indirectly owned company. Council decision and that the affected provided in writing. (C) For attributions concerning parent individual has a financial interest in the (B) The designated official may ownership (companies that own some fishery or sector of the fishery affected contact an affected individual to better percentage of an affected individual’s by the Council decision, a voting recusal understand the reported financial company or employer) the designated is required under 50 CFR 600.235 if interest or any information provided in official will attribute to an affected there is: writing. individual all harvesting, processing, (A) An expected and substantially (C) The designated official will and marketing activity of, and all disproportionate benefit to the affected presume that the information reported vessels owned by, a company that owns individual’s financial interest (see on the Financial Interest Form is true fifty percent or more of a company that paragraph (c)(5) of this section), and and correct and the designated official is owned by the affected individual or (B) A close causal link (see paragraph is not responsible for determining the that employs the affected individual. (c)(4) of this section) between the veracity of the reported information The designated official will not attribute Council decision and the expected and when preparing a determination under to an affected individual the harvesting, substantially disproportionate benefit to paragraph (f) of this section. processing, or marketing activity of, or the affected individual’s financial (D) If an affected individual does not any vessels owned by, a company that interest. provide information concerning the owns less than fifty percent of a (4) A close causal link for Council specific percentage of ownership of a company that is owned by the affected decisions that either require or do not financial interest reported on his or her individual or that employs the affected require implementing regulations is Financial Interest Form, the designated individual. determined as follows: official will attribute all harvesting, (D) For attributions concerning (i) For all Council decisions that processing, or marketing activity of, and employment or service with require implementing regulations and vessels owned by, the financial interest associations or organizations, an that affect a fishery or sector of a fishery to the affected individual. affected individual may be employed by in which an affected individual has a (ii) The designated official will apply or serve, either compensated or unpaid, financial interest, a close causal link the following principles when as an officer, director, board member or exists unless: calculating an affected individual’s trustee of an association or organization. (A) The chain of causation between financial interests relative to the The designated official will not attribute the Council decision and the affected significant financial interest thresholds to the affected individual the vessels individual’s financial interest is for the fishery or sector of the fishery owned by, or the harvesting, processing, attenuated or is contingent on the affected by the action. For purposes of or marketing activity conducted by, the occurrence of events that are speculative this paragraph, use of the term members of that association or or that are independent of and unrelated ‘‘company’’ includes any business, organization if such organization or to the Council decision; or vessel, or other entity. association, as an entity separate from (B) There is no real, as opposed to (A) For attributions concerning direct its members, does not own any vessels speculative, possibility that the Council ownership (companies owned by or that and is not directly engaged in decision will affect the affected employ an affected individual) the harvesting, processing or marketing. individual’s financial interest. designated official will attribute to an However, if such organization or

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56184 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

association receives from NMFS an under paragraphs (c)(3)–(6) of this and the public will be made aware of allocation of harvesting or processing section, the designated official shall recusal determinations. privileges, owns vessels, or is directly determine for the record whether a (F) A description of the process for engaged in harvesting, processing or Council decision would have a identifying the designated official(s) marketing, the designated official will significant and predictable effect on that who will prepare recusal determinations attribute to the affected individual the individual’s financial interest. Unless and attend Council meetings. vessels owned by, and all harvesting, subject to confidentiality requirements, (iii) A Regional Recusal processing, and marketing activity of, all information considered will be made Determination Procedure Handbook that association or organization. part of the public record for the may include additional material related (E) For the financial interests of a decision. The affected individual may to the region’s process and procedure spouse, partner or minor child, the request a determination by notifying the for recusal determinations not designated official will consider the designated official— specifically identified in paragraph following factors for ownership and (i) Within a reasonable time before the (f)(6)(ii) of this section. A Regional employment. Council meeting at which the Council Recusal Determination Procedure (1) For the financial interests of a decision will be made; or spouse, partner or minor child related to (ii) During a Council meeting before a Handbook may be revised at any time ownership, the designated official will Council vote on the decision. upon agreement by the NMFS Regional attribute to an affected individual all Office and NOAA Office of General * * * * * Counsel. harvesting, processing, and marketing (6) Regional Recusal Determination activity of, and all vessels owned by, a Procedure Handbooks shall be (g) * * * company when the affected individual’s developed for reach NMFS Region. (2) A Council member may request a spouse, partner or minor child owns 100 (i) Each NMFS Regional Office, in review of any aspect of the recusal percent of that company. If an affected conjunction with NOAA Office of determination, including but not limited individual’s spouse, partner or minor General Counsel, will publish and make to, whether the action is a Council child owns less than 100 percent of a available to the public its Regional decision, the description of the fishery company, the designated official will Recusal Determination Procedure or sector of the fishery affected by the attribute to the affected individual the Handbook, which explains the process Council action, the calculation of an harvesting, processing, and marketing and procedure typically followed in affected individual’s financial interests activity of, and vessels owned by, the preparing and issuing recusal or the finding of a significant financial company commensurate with the determinations. interest, and the existence of a close spouse’s, partner’s or minor child’s (ii) A Regional Recusal Determination causal link. A request for review must percentage of ownership. Procedure Handbook must include: include a full statement in support of (2) For the financial interests of a (A) A statement that the Regional the review, including a concise spouse, partner or minor child related to Recusal Determination Procedure statement as to why the Council employment, the designated official will Handbook is intended as guidance to member believes that the recusal not attribute to an affected individual describe the recusal determination determination is in error and why the the harvesting, processing, or marketing process and procedure typically designated official’s determination activity of, or any vessels owned by, a followed within the region. should be reversed. company that employs the affected (B) Identification of the Council(s) to * * * * * individual’s spouse, partner or minor which the Regional Recusal child when the spouse’s, partner’s or Determination Procedure Handbook (h) The provisions of 18 U.S.C. 208 minor child’s compensation are not applies. If the Regional Recusal regarding conflicts of interest do not influenced by, or fluctuate with, the Determination Procedure Handbook apply to an affected individual who is financial performance of the company. applies to multiple Councils, any a voting member of a Council appointed The designated official will attribute to procedure that applies to a subset of by the Secretary, as described under an affected individual all harvesting, those Councils should clearly identify section 302(j)(1)(A)(ii) of the Magnuson- processing, and marketing activity of, the Council(s) to which the procedure Stevens Act, and who is in compliance and all vessels owned by, a company applies. with the requirements of this section for that employs the Council member’s (C) A description of the process for filing a Financial Interest Form. The spouse, partner or minor child when the identifying the fishery or sector of the provisions of 18 U.S.C. 208 do not apply spouse’s, partner’s or minor child’s fishery affected by the action before the to a member of an SSC, unless that compensation are influenced by, or Council. individual is an officer or employee of fluctuate with, the financial (D) A description of the process for the United States or is otherwise performance of the company. preparing and issuing a recusal covered by the requirements of 18 * * * * * determination relative to the timing of a U.S.C. 208. (f) Process and procedure for Council decision. * * * * * determination. (1) At the request of an (E) A description of the process by [FR Doc. 2020–20019 Filed 9–10–20; 8:45 am] affected individual, and as provided which the Council, Council members, BILLING CODE 3510–22–P

VerDate Sep<11>2014 15:48 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4700 Sfmt 9990 E:\FR\FM\11SER1.SGM 11SER1 khammond on DSKJM1Z7X2PROD with RULES 56185

Proposed Rules Federal Register Vol. 85, No. 177

Friday, September 11, 2020

This section of the FEDERAL REGISTER http://www.regulations.gov. Follow the ApplianceStandardsQuestions@ contains notices to the public of the proposed instructions for submitting comments. ee.doe.gov. issuance of rules and regulations. The Alternatively, interested persons may Ms. Elizabeth Kohl, U.S. Department purpose of these notices is to give interested submit comments, identified by docket of Energy, Office of the General Counsel, persons an opportunity to participate in the number EERE–2020–BT–STD–0001, by GC–33, 1000 Independence Avenue SW, rule making prior to the adoption of the final Washington, DC 20585–0121. rules. any of the following methods: 1. Federal eRulemaking Portal: http:// Telephone: (202) 586–7796. Email: www.regulations.gov. Follow the [email protected]. DEPARTMENT OF ENERGY instructions for submitting comments. For further information on how to 2. Email: ConsumerWashersDryers submit a comment or review other 10 CFR Part 430 [email protected]. Include the public comments and the docket contact the Appliance and Equipment [EERE–2020–BT–STD–0001] docket number EERE–2020–BT–STD– 0001 in the subject line of the message. Standards Program staff at (202) 287– 1445 or by email: RIN 1904–AE86 3. Postal Mail: Appliance and ApplianceStandardsQuestions@ Equipment Standards Program, U.S. Energy Conservation Program: Energy ee.doe.gov. Conservation Standards for Clothes Department of Energy, Building SUPPLEMENTARY INFORMATION: Washers and Clothes Dryers Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, On August 13, 2020, the U.S. AGENCY: Office of Energy Efficiency and Washington, DC 20585–0121. Department of Energy (DOE) published Renewable Energy, Department of Telephone: (202) 287–1445. If possible, a document in the Federal Register Energy. please submit all items on a compact soliciting public comment on a NOPR ACTION: Extension of public comment disc (CD), in which case it is not regarding energy conservation standards period; notification of public hearing. necessary to include printed copies. for clothes washers and clothes dryers 4. Hand Delivery/Courier: Appliance which DOE proposes to establish SUMMARY: The U.S. Department of and Equipment Standards Program, U.S. separate product classes for top-loading Energy (‘‘DOE’’) is extending the public Department of Energy, Building residential clothes washers and comment period for the notice of consumer clothes dryers that offer cycle proposed rulemaking (‘‘NOPR’’) which Technologies Office, 950 L’Enfant Plaza, SW, 6th Floor, Washington, DC 20024. times for a normal cycle of less than 30 DOE proposes to establish separate minutes, and for front-loading product classes for top-loading Telephone: (202) 287–1445. If possible, please submit all items on a CD, in residential clothes washers that offer residential clothes washers and cycle times for a normal cycle of less consumer clothes dryers that offer cycle which case it is not necessary to include printed copies. than 45 minutes. 85 FR 49297. times for a normal cycle of less than 30 Comments were originally due by 5. No telefacsimilies (faxes) will be minutes, and for front-loading September 14, 2020, though an incorrect accepted. residential clothes washers that offer reference to October 13, 2020 was also cycle times for a normal cycle of less Docket: The docket for this activity, included in Section V. of the NOPR. On than 45 minutes. DOE published the which includes Federal Register August 27, 2020, DOE received a joint NOPR in the Federal Register on August notices, comments, and other comment from Sierra Club, Appliance 13, 2020, establishing a public comment supporting documents/materials, is Standards Awareness Project, Consumer period that ends on September 14, 2020. available for review at http:// Federation of America, and Earthjustice In this document, DOE is extending the www.regulations.gov. All documents in asking for clarification of the comment comment period to October 13, 2020 the docket are listed in the http:// period deadline; requesting an and announcing a public hearing on www.regulations.gov index. However, extension of the comment period to September 30, 2020. some documents listed in the index, November 12, 2020; and requesting a DATES: Comments: The comment period such as those containing information public hearing (see https:// for the NOPR published on August 13, that is exempt from public disclosure, www.regulations.gov/ 2020 (85 FR 49297), is extended. DOE may not be publicly available. document?D=EERE-2020-BT-STD-0001- will accept comments, data, and The docket web page can be found at 0003). On September 1, 2020, DOE also information regarding the NOPR https://www.regulations.gov/ received a request from the Association received no later than October 13, 2020. docket?D=EERE-2020-BT-STD-0001. of Home Appliance Manufacturers to Meeting: DOE will hold a webinar on The docket web page contains extend the comment period by 30 days Wednesday, September 30, 2020 from instructions on how to access all (see https://www.regulations.gov/ 12:00 p.m. to 4:00 p.m. See ‘‘Public documents, including public comments document?D=EERE-2020-BT-STD-0001- Participation,’’ for webinar registration in the docket. 0005). DOE has reviewed these requests information, participant instructions, FOR FURTHER INFORMATION CONTACT: Mr. and considered the benefit to and information about the capabilities Bryan Berringer, U.S. Department of stakeholders in providing additional available to webinar participants. If no Energy, Office of Energy Efficiency and time to review the NOPR, and gather participants register for the webinar, Renewable Energy, Building information/data that DOE is seeking. then it will be cancelled. Technologies Office, EE–5B, 1000 Accordingly, DOE extends the comment ADDRESSES: Interested persons are Independence Avenue SW, Washington, period until October 13, 2020. In encouraged to submit comments using DC 20585–0121. Telephone: (202) 586– addition, DOE will be holding a webinar the Federal eRulemaking Portal at 0371. Email: on September 30, 2020.

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56186 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Public Participation DEPARTMENT OF HOMELAND 22, 2020. In the event of inclement SECURITY weather, the filming may continue on to DOE invites public participation in October 23, 2020. The film project this process through participation in the Coast Guard includes the use of barges and other webinar and submission of written marine equipment positioned at two comments and information. After the 33 CFR Part 165 locations in Spa Creek, at Annapolis, webinar and the closing of the comment [Docket Number USCG–2020–0511] MD, within a portion of Market Slip period, DOE will consider all timely- (Ego Alley) and across the width of submitted comments and additional RIN 1625–AA00 Annapolis Harbor. On site marine information obtained from interested equipment and vessels will be operated parties, as well as information obtained Safety Zones; Spa Creek, Annapolis, by Smith Marine Towing, Inc. of through further analyses. MD Baltimore, MD, or its subcontractors. Such equipment and vessels will Participation in the Webinar AGENCY: Coast Guard, DHS. display the lights and shapes described ACTION: Notice of proposed rulemaking. The time and date of the webinar are in U.S. Coast Guard regulations. Vessels listed in the DATES section at the SUMMARY: The Coast Guard is proposing engaged in work for this project will beginning of this document. If no to establish two temporary safety zones utilize marine band radio VHF–FM participants register for the webinar, for certain waters of the Spa Creek from channels 16 and 13. Hazards associated then it will be cancelled. October 19, 2020, through October 23, with the film project include barges and other marine equipment positioned Webinar registration information, 2020. This action is necessary to provide for the safety of life on these within designated navigation channels participant instructions, and and interfering with vessels intending to information about the capabilities navigable waters at Annapolis, MD, during a film project. This proposed operate within those channels, and available to webinar participants will be operating within approaches to local published on DOE’s website: https:// rulemaking would prohibit persons and vessels from being in the safety zones public boat moorings and mooring cms.doe.gov/eere/buildings/public- facilities, yacht clubs and private meetings-and-comment-deadlines. unless authorized by the Captain of the Port Maryland-National Capital Region marinas, and other waterside Participants are responsible for ensuring businesses. The Captain of the Port their systems are compatible with the or a designated representative. We invite your comments on this proposed (COTP) Maryland-National Capital webinar software. rulemaking. Region has determined that potential DOE encourages those who wish to hazards associated with the film project DATES: Comments and related material participate in the webinar to obtain the would be a safety concern for anyone must be received by the Coast Guard on within promiximity of the barges and NOPR from DOE’s website and to be or before September 28, 2020. prepared to discuss its contents. Once other marine equipment positioned at ADDRESSES: again, a copy of the NOPR is available You may submit comments two locations in Spa Creek. at: https://www.regulations.gov/ identified by docket number USCG– The Coast Guard is requesting that docket?D=EERE-2020-BT-STD-0001. 2020–0511 using the Federal interested parties provide comments eRulemaking Portal at https:// within a shortened comment period of Signing Authority www.regulations.gov. See the ‘‘Public 15 days instead of the typical 30 days Participation and Request for for this notice of proposed rulemaking. This document of the Department of Comments’’ portion of the The Coast Guard believes a shortened Energy was signed on September 3, SUPPLEMENTARY INFORMATION section for comment period is necessary and 2020, by Alexander N. Fitzsimmons, further instructions on submitting reasonable to ensure the Coast Guard Deputy Assistant Secretary for Energy comments. has time to review and respond to any Efficiency, Energy Efficiency and significant comments submitted by the Renewable Energy, pursuant to FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed public in response to this NPRM and delegated authority from the Secretary has a final rule in effect in time for the of Energy. That document with the rulemaking, call or email Mr. Ron Houck, U.S. Coast Guard Sector scheduled event. original signature and date is The Coast Guard is proposing this maintained by DOE. For administrative Maryland-National Capital Region; telephone 410–576–2674, email rulemaking under authority in 46 U.S.C. purposes only, and in compliance with 70034 (previously 33 U.S.C. 1231). requirements of the Office of the Federal [email protected]. Register, the undersigned DOE Federal SUPPLEMENTARY INFORMATION: III. Discussion of Proposed Rule Register Liaison Officer has been I. Table of Abbreviations The COTP Maryland-National Capital authorized to sign and submit the Region is proposing to establish two document in electronic format for CFR Code of Federal Regulations temporary safety zones for certain publication, as an official document of COTP Captain of the Port waters of Spa Creek at Annapolis, MD. DHS Department of Homeland Security the Department of Energy. This FR Federal Register This rule would be effective from 5 a.m. administrative process in no way alters NPRM Notice of proposed rulemaking on October 19, 2020, through noon on the legal effect of this document upon PATCOM Coast Guard Patrol Commander October 23, 2020, and would be publication in the Federal Register. § Section enforced during the times described Signed in Washington, DC, on September U.S.C. United States Code below for each zone. The first safety zone would be 3, 2020. II. Background, Purpose, and Legal enforced from 5 a.m. to noon on October Treena V. Garrett, Basis 19, 2020, or if necessary due to Federal Register Liaison Officer, U.S. Hoonigan Industries, of Long beach, inclement weather on October 19, 2020, Department of Energy. CA, notified the Coast Guard that it will from 5 a.m. to noon on October 20, [FR Doc. 2020–19927 Filed 9–10–20; 8:45 am] be conducting a film project from 5 a.m. 2020. This safety zone would cover all BILLING CODE 6450–01–P on October 19, 2020, to noon on October navigable waters of Spa Creek, within

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56187

Market Slip (Ego Alley), from shoreline ensure the safety of vessels and these with the non-peak season for tourism in to shoreline, bounded on the southeast navigable waters before, during, and the area and is not being held during the by a line commencing at latitude after the scheduled 7 a.m. on October weekend so that there is less impact on 38°58′34.2″ N, longitude 076°29′05.6″ 20, 2020 through noon on October 22, vessel transits in this section of the W, thence southwest to latitude 2020 film project. waterway. Although vessel traffic will 38°58′32.9″ N, longitude 076°29′06.4″ Except for marine equipment and not be able to safely transit around these W, located at Annapolis, MD. This area vessels operated by Smith Marine safety zones, there may be locations is approximately 285 yards in length Towing, Inc. or its subcontractors, no along the placement of the barges and and approximately 50 yards in width. vessel or person would be permitted to other marine equipment in Spa Creek The proposed duration of the zone is enter these safety zones without across the width of Annapolis Harbor intended to ensure the safety of vessels obtaining permission from the COTP or that would allow for vessel transits. on these navigable waters before, a designated representative. The COTP Vessels desiring to transit to or from during, and after the scheduled 5 a.m. would notify the public that the safety local waterside businesses located to noon film project. zone will be enforced by all appropriate within the safety zones during The second safety zone would be means to the affected segments of the enforcement would be able to seek enforced from 7 a.m. on October 20, public, including publication in the permission by contacting the COTP or 2020 through noon on October 22, 2020. Federal Register, as practicable, in the COTP’s representative. Vessels If there is inclement weather, accordance with 33 CFR 165.7(a). Such intending to use, using, or seeking to means of notification may also include, enforcement would be continued use moorings within the Spa Crek but are not limited to, Broadcast Notice through noon on October 23, 2020. This Anchorage located near the entrance to to Mariners or Local Notice to Mariners. safety zone would cover all navigable Spa Creek would be allowed to do so Vessels or persons violating this rule are waters of Spa Creek, encompassed by a during enforcement by contacting the subject to the penalties set forth in 46 line connecting the following points, COTP or the COTP’s representative. U.S.C. 70036 (previously codified in 33 beginning at the shoreline at latitude Vessels at moorings within this U.S.C. 1232) and 46 U.S.C. 70052 38°58′39.8″ N, longitude 076°28′48.9″ anchorage this time of year are typically (previously codified in 50 U.S.C. 192). transient vessels, which may also use W, thence south to the shoreline at The regulatory text we are proposing the South Anchorage located outside the latitude 38°58′32.1″ N, longitude appears at the end of this document. entrance to Spa Creek. Moreover, the 076°28′47.2″ W, thence southwest along Coast Guard would issue a Broadcast the shoreline to latitude 38°58′24.6″ N, IV. Regulatory Analyses Notice to Mariners via VHF–FM marine longitude 076°28′57.1″ W, thence We developed this proposed rule after channel 16 about the status of the safety northwest to the shoreline at latitude considering numerous statutes and ° ′ ″ ° ′ ″ zones. 38 58 34.2 N, longitude 076 29 05.6 Executive orders related to rulemaking. W, thence northeast along the shoreline Below we summarize our analyses B. Impact on Small Entities to the point of origin, located at based on a number of these statutes and The Regulatory Flexibility Act of Annapolis, MD. This area is Executive orders, and we discuss First 1980, 5 U.S.C. 601–612, as amended, approximately 475 yards in length and Amendment rights of protestors. requires Federal agencies to consider approximately 430 yards in width. This the potential impact of regulations on A. Regulatory Planning and Review area includes the Spa Creek Anchorage, small entities during rulemaking. The described in paragrapgh (a)(5) of 33 CFR Executive Orders 12866 and 13563 term ‘‘small entities’’ comprises small 110.159. The mooring of vessels in this direct agencies to assess the costs and businesses, not-for-profit organizations designated anchorage is managed benefits of available regulatory that are independently owned and through local ordinances enforced by alternatives and, if regulation is operated and are not dominant in their the City of Annapolis Harbor Master. necessary, to select regulatory fields, and governmental jurisdictions Vessels at moorings within this approaches that maximize net benefits. with populations of less than 50,000. anchorage located in the vicinity of the Executive Order 13771 directs agencies The Coast Guard certifies under 5 U.S.C. barges and other marine equipment to control regulatory costs through a 605(b) that this proposed rule would not would be required to depart that portion budgeting process. This NPRM has not have a significant economic impact on of the safety zone during enforcement. been designated a ‘‘significant a substantial number of small entities. Persons and vessels may seek regulatory action,’’ under Executive While some owners or operators of permission to enter or depart the safety Order 12866. Accordingly, the NPRM vessels intending to transit the safety zones, by contacting the COTP or the has not been reviewed by the Office of zone may be small entities, for the COTP’s representative. Vessels Management and Budget (OMB), and reasons stated in section IV.A above, intending to use, using, or seeking to pursuant to OMB guidance it is exempt this proposed rule would not have a use moorings within this anchorage from the requirements of Executive significant economic impact on any located near the entrance to Spa Creek Order 13771. vessel owner or operator. would be allowed to do so during This regulatory action determination If you think that your business, enforcement if authorized by the COTP is based on the size, location, time-of- organization, or governmental or the COTP’s designated representative. day, time-of-year, and the days of the jurisdiction qualifies as a small entity Vessels may also use the designated week of the safety zones, which would and that this rule would have a anchorage located outside the entrance impact two designated areas of Spa significant economic impact on it, to Spa Creek. This area includes the Spa Creek for 67 total enforcement hours. please submit a comment (see Creek South Anchorage, described in The first safety zone, within Market Slip ADDRESSES) explaining why you think it paragrapgh (a)(3) of 33 CFR 110.159. (Ego Alley), would be enforced for 14 qualifies and how and to what degree The mooring of vessels in this total enforcement hours. The second this rule would economically affect it. anchorage is managed through local safety zone, across the width of Under section 213(a) of the Small ordinances enforced by the City of Annapolis Harbor, would be enforced Business Regulatory Enforcement Annapolis Harbor Master. The proposed for 53 total enforcement hours. The film Fairness Act of 1996 (Pub. L. 104–121), duration of the zone is intended to project is being planned to coincide we want to assist small entities in

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56188 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

understanding this proposed rule. If the F. Environment We accept anonymous comments. All rule would affect your small business, We have analyzed this proposed rule comments received will be posted organization, or governmental under Department of Homeland without change to https:// jurisdiction and you have questions Security Directive 023–01, Rev. 1, www.regulations.gov and will include concerning its provisions or options for associated implementing instructions, any personal information you have compliance, please call or email the and Environmental Planning provided. For more about privacy and person listed in the FOR FURTHER COMDTINST 5090.1 (series), which submissions in response to this INFORMATION CONTACT section. The Coast guide the Coast Guard in complying document, see DHS’s eRulemaking Guard will not retaliate against small with the National Environmental Policy System of Records notice (85 FR 14226, entities that question or complain about Act of 1969 (42 U.S.C. 4321–4370f), and March 11, 2020). this proposed rule or any policy or have made a preliminary determination Documents mentioned in this NPRM action of the Coast Guard. that this action is one of a category of as being available in the docket, and all public comments, will be in our online C. Collection of Information actions that do not individually or cumulatively have a significant effect on docket at https://www.regulations.gov This proposed rule would not call for the human environment. This proposed and can be viewed by following that a new collection of information under rule involves two safety zones lasting a website’s instructions. Additionally, if the Paperwork Reduction Act of 1995 combined 67 total enforcement hours you go to the online docket and sign up (44 U.S.C. 3501–3520). that would prohibit entry within for email alerts, you will be notified portions of Spa Creek. Normally such when comments are posted or a final D. Federalism and Indian Tribal actions are categorically excluded from rule is published. Governments further review under paragraph L60(a) List of Subjects in 33 CFR Part 165 A rule has implications for federalism of Appendix A, Table 1 of DHS Harbors, Marine safety, Navigation under Executive Order 13132 Instruction Manual 023–01–001–01, (water), Reporting and recordkeeping (Federalism), if it has a substantial Rev. 1. A preliminary Record of requirements, Security measures, direct effect on the States, on the Environmental Consideration Waterways. supporting this determination is relationship between the National For the reasons discussed in the Government and the States, or on the available in the docket. For instructions on locating the docket, see the preamble, the Coast Guard is proposing distribution of power and to amend 33 CFR part 165 as follows: responsibilities among the various ADDRESSES section of this preamble. levels of government. We have analyzed We seek any comments or information PART 165—REGULATED NAVIGATION this proposed rule under that Order and that may lead to the discovery of a AREAS AND LIMITED ACCESS AREAS have determined that it is consistent significant environmental impact from with the fundamental federalism this proposed rule. ■ 1. The authority citation for part 165 principles and preemption requirements G. Protest Activities continues to read as follows: described in Executive Order 13132. Authority: 46 U.S.C. 70034, 70051; 33 CFR The Coast Guard respects the First 1.05–1, 6.04–1, 6.04–6, and 160.5; Also, this proposed rule does not have Amendment rights of protesters. tribal implications under Executive Department of Homeland Security Delegation Protesters are asked to call or email the No. 0170.1. Order 13175 (Consultation and person listed in the FOR FURTHER Coordination with Indian Tribal ■ 2. Add § 165.T05–0511 to read as INFORMATION CONTACT section to follows: Governments) because it would not coordinate protest activities so that your have a substantial direct effect on one or message can be received without § 165.T05–0511 Safety Zones; Spa Creek, more Indian tribes, on the relationship jeopardizing the safety or security of Annapolis, MD. between the Federal Government and people, places, or vessels. (a) Locations. The following areas are Indian tribes, or on the distribution of a safety zone. All coordinates are based V. Public Participation and Request for power and responsibilities between the on datum NAD 83. Comments Federal Government and Indian tribes. (1) Safety zone 1. All navigable waters If you believe this proposed rule has We view public participation as of Spa Creek, within Market Slip (Ego implications for federalism or Indian essential to effective rulemaking, and Alley), from shoreline to shoreline, tribes, please call or email the person will consider all comments and material bounded on the southeast by a line listed in the FOR FURTHER INFORMATION received during the comment period. commencing at latitude 38°58′34.2″ N, CONTACT section. Your comment can help shape the longitude 076°29′05.6″ W, thence ° ′ ″ E. Unfunded Mandates Reform Act outcome of this rulemaking. If you southwest to latitude 38 58 32.9 N, submit a comment, please include the longitude 076°29′06.4″ W, located at The Unfunded Mandates Reform Act docket number for this rulemaking, Annapolis, MD. of 1995 (2 U.S.C. 1531–1538) requires indicate the specific section of this (2) Safety zone 2. All navigable waters Federal agencies to assess the effects of document to which each comment of Spa Creek, encompassed by a line their discretionary regulatory actions. In applies, and provide a reason for each connecting the following points, particular, the Act addresses actions suggestion or recommendation. beginning at the shoreline at latitude that may result in the expenditure by a We encourage you to submit 38°58′39.8″ N, longitude 076°28′48.9″ State, local, or tribal government, in the comments through the Federal W, thence south to the shoreline at aggregate, or by the private sector of eRulemaking Portal at https:// latitude 38°58′32.1″ N, longitude $100,000,000 (adjusted for inflation) or www.regulations.gov. If your material 076°28′47.2″ W, thence southwest along more in any one year. Though this cannot be submitted using https:// the shoreline to latitude 38°58′24.6″ N, proposed rule would not result in such www.regulations.gov, call or email the longitude 076°28′57.1″ W, thence an expenditure, we do discuss the person in the FOR FURTHER INFORMATION northwest to the shoreline at latitude effects of this rule elsewhere in this CONTACT section of this document for 38°58′34.2″ N, longitude 076°29′05.6″ preamble. alternate instructions. W, thence northeast along the shoreline

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56189

to the point of origin, located at DEPARTMENT OF VETERANS Both part 3.306 and part 3.310 Annapolis, MD. AFFAIRS provide that service connection based (b) Definitions. As used in this on aggravation is limited to situations 38 CFR Parts 3 section— where there is an increase in disability RIN 2900–AQ80 not caused by the natural progression of Captain of the Port (COTP) means the the injury or disease. Both regulations Commander, U.S. Coast Guard Sector Aggravation Definition also provide that the increase must be Maryland-National Capital Region. measurable from an established Designated representative means any AGENCY: Department of Veterans Affairs. baseline, although the burden is on VA Coast Guard commissioned, warrant, or ACTION: Proposed rule. to establish the baseline for purposes of petty officer who has been authorized in-service aggravation, whereas the SUMMARY: by the Captain of the Port Maryland- The Department of Veterans burden is on the veteran to submit National Capital Region to assist in Affairs (VA) proposes its adjudication medical evidence establishing a baseline enforcing any safety zone described in regulations relating to aggravation of for purposes of post-service aggravation. paragraph (a) of this section. service-connected disabilities to more Compare 38 CFR 3.306(b) with 38 CFR clearly define ‘‘aggravation’’ in service- 3.310(b); see also 71 FR 52,744, 52,745 Marine equipment means any vessel, connection claims. The revisions would (Sept. 7, 2006) (final rule amending 38 barge or other equipment operated by explicitly confirm a singular definition CFR 3.310). Smith Marine Towing, Inc. or its of ‘‘aggravation’’ that includes the Section 3.306(a) derives from 38 subcontractors. requirement of ‘‘permanent worsening.’’ U.S.C. 1153, which provides that a (c) Regulations. (1) Under the general The revisions would also include minor preexisting injury or disease will be safety zone regulations in subpart C of organizational and technical changes. considered to have been ‘‘aggravated’’ this part, you may not enter the safety DATES: Comments must be received on by active service ‘‘where there is an zone described in paragraph (a) of this or before November 10, 2020. increase in disability during such section unless authorized by the COTP ADDRESSES: Comments may be service,’’ unless the increase is due to or the COTP’s designated representative. submitted through the natural progress of the disease. Except for marine equipment, all vessels www.Regulations.gov; or mailed to: Section 3.310(b) applies aggravation underway within this safety zone at the Director, Compensation Service, VASRD to the context of what is often called time it is activated are to depart the Program Office, Department of Veterans ‘‘secondary’’ service connection—when zone. Affairs, 1800 G St. NW, Room 644, a service-connected disability itself (2) To seek permission to enter, Washington, DC 20006. Comments causes a separate disability. Secondary service connection derives from the contact the COTP or the COTP’s should indicate that they are submitted basic entitlement statutes applicable to representative by telephone at 410–576– in response to ‘‘RIN 2900–AQ80, disability compensation: 38 U.S.C. 1110 2693 or on Marine Band Radio VHF–FM Aggravation Definition.’’ Comments and 1131. As counterparts for wartime channel 16 (156.8 MHz). The Coast received will be available and peacetime service, each provides for Guard vessels enforcing this section can Regulations.gov for public viewing, compensation for ‘‘disability resulting be contacted on Marine Band Radio inspection or copies. from personal injury suffered or disease VHF–FM channel 16 (156.8 MHz). FOR FURTHER INFORMATION CONTACT: contracted in line of duty’’ or for (3) Those in the safety zone must Keronica Richardson, Policy Analyst, ‘‘aggravation of a preexisting injury comply with all lawful orders or VASRD Program Office (210), suffered or disease contracted in line of directions given to them by the COTP or Compensation Service (21C), duty.’’ Given that these basic the COTP’s designated representative. Department of Veterans Affairs, 810 entitlement statutes also reference in- Vermont Avenue NW, Washington, DC (d) Enforcement officials. The U.S. service aggravation, VA proposes to add 20420, (202) 461–9700. (This is not a Coast Guard may be assisted in the those references to section 3.306 as well. toll-free telephone number.) patrol and enforcement of the safety SUPPLEMENTARY INFORMATION: II. The Need for Regulatory zone by Federal, State, and local Amendment agencies. I. Service Connection Based on The primary purpose of this proposed Aggravation (e) Enforcement periods. (1) Paragraph regulatory amendment is to provide a (a)(1) of this section will be enforced For veterans who have injuries or singular definition of ‘‘aggravation’’ by from 5 a.m. to noon on October 19, diseases that existed prior to service and clarifying two phrases contained within 2020, or if necessary due to inclement worsened during service, VA awards 38 CFR 3.306 and 3.310; specifically, weather on October 19, 2020, from 5 service connection and compensates ‘‘increase in disability’’ in section 3.306 a.m. to noon on October 20, 2020. them for the increase in disability. 38 and ‘‘any increase in severity’’ in (2) Paragraph (a)(2) of this section will CFR 3.306. For the purposes of this section 3.310. These phrases are not be enforced from 7 a.m. on October 20, regulatory preamble, this basis of currently defined by statute or 2020, through noon on October 22, service connection will be referred to as regulation, but rather by case law. 2020, or if necessary due to inclement ‘‘in-service aggravation.’’ Likewise, for The premise that ‘‘disability’’ refers to weather, from 7 a.m. on October 20, veterans who have nonservice- impairment of earning capacity is firmly 2020, through noon on October 23, connected injuries or diseases that are established in 38 U.S.C. 1155 and 38 2020. worsened by service-connected CFR 4.1. Courts have long and disabilities, VA awards service consistently recognized this definition Dated: September 8, 2020. connection and compensates them for in regard to both in-service and post- Joseph B. Loring, the increase in disability. 38 CFR 3.310. service aggravation. See Davis v. Captain, U.S. Coast Guard, Captain of the For the purposes of this regulatory Principi, 276 F.3d 1341, 1344 (2002) Port Maryland-National Capital Region. preamble, this basis of service (addressing in-service aggravation of a [FR Doc. 2020–20153 Filed 9–10–20; 8:45 am] connection will be referred to as ‘‘post- preexisting condition); Allen v. Brown, BILLING CODE 9110–04–P service aggravation.’’ 7 Vet. App. 439, 448 (1995) (en banc)

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56190 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

(addressing post-service aggravation). Specifically, VA intends to clarify, Court’s fundamental holding in Allen v. Both 38 CFR 3.306 and 3.310 serve the through regulatory amendment, what Brown that service connection may be same ultimate goal of compensating the term ‘‘aggravation’’ means in awarded based on aggravation when a veterans for increase in disability, sections 3.306 and 3.310, and to veteran’s nonservice-connected whether based on aggravation of a harmonize those definitions where disability is worsened beyond its preexisting disability (in-service possible.1 Thus, VA proposes amending natural progression due to a service- context) or aggravation of a nonservice- both sections to clarify that the increase connected disability. The regulation was connected disability (post-service in disability must be permanent, not amended to allow a veteran entitlement context). merely temporary or intermittent. The to compensation for the degree of Although these regulations are built changes to harmonize sections 3.306 disability (but only that degree) over on the same fundamental concepts, the and 3.310 reflect the principle that VA’s and above the degree of disability differences in their wording have statutory and regulatory scheme should existing prior to aggravation. Prior to the caused confusion over how to apply be read as a whole. Further, 38 U.S.C. Allen holding, section 3.310 only ‘‘aggravation’’ in both contexts. Because 1110 and 1131 authorize VA to provide addressed secondary service compensation for ‘‘disability’’; inherent the phrases ‘‘increase in disability’’ and connection. To conform section 3.310 to in that conferred authority is VA’s ‘‘any increase in severity’’ are not the Allen decision, VA amended it by authority to define what constitutes clearly defined, there has been moving paragraph (b) to (c) and creating uncertainty over what standard to use in disability (and, it logically follows, ‘‘increase in disability’’ for purposes of a new paragraph (b). The new paragraph determining whether ‘‘aggravation’’ is (b), represented by the current text, demonstrated. The incongruent wording aggravation). See, e.g., Wanner v. Principi, 370 F.3d 1124, 1131 (Fed. Cir. addressed compensation for the in these two regulations has been a incremental increase in severity of a consistent point of confusion and 2004) (courts precluded from reviewing ‘‘what should be considered a nonservice-connected disability contention in the claims process, worsened by a service-connected including on appeal. Many appellants disability’’); Nat’l Org. of Veterans’ Advocates v. Sec’y of Veterans Affairs, condition (i.e., post-service aggravation). have argued that the standard for See 62 FR 30,547 (Jun. 4, 1997) (notice ‘‘aggravation’’ of preexisting disabilities 330 F.3d 1345, 1351 (Fed. Cir. 2003) of proposed rulemaking); 71 FR 52,744 that worsened during service (under (‘‘38 U.S.C. 501(a) authorizes the (Sept. 7, 2006) (final rule). At that time, section 3.306) is different than for Secretary to promulgate regulations VA did not consider or address the ‘‘aggravation’’ of post-service disabilities with respect to the nature and extent of distinction between temporary flare-ups worsened by service-connected proof and evidence necessary to versus enduring worsening. To the disabilities (under section 3.310). establish entitlement to veterans Recently, in the case of Ward v. Wilkie, benefits.’’). The reason that VA proposes extent that litigation has arisen over the the United States Court of Appeals for to require an enduring, permanent boundaries of ‘‘aggravation’’ as defined Veterans Claims (Veterans Court) held increase in disability to establish service in section 3.310, VA intends to clarify that the term ‘‘aggravation’’ under connection based on aggravation is that those boundaries now. section 3.310 (as currently drafted) temporary or intermittent symptoms are Currently, VA adjudicators must difficult to rate (and thus prone to contemplates even temporary flare-ups. consult case law to understand how confusion and error) as well as time- 31 Vet. App. 233, 240 (2019). ‘‘aggravation’’ is defined. By amending consuming to identify and rate 38 CFR 3.306 and 3.310, VA would Although the Veterans Court (resulting in delayed processing times). discussed the current authorizing VA’s proposed changes to section enable its adjudicators—as well as all statutes for 38 CFR 3.306 and 3.310 in 3.306 are in line with longstanding affected parties—to clearly identify and order to reach its regulatory holding, its court precedent. See, e.g., Davis, 276 apply a singular definition of statutory analysis was limited. See 31 F.3d at 1346–47 (holding that ‘‘evidence ‘‘aggravation’’ in both regulations. Vet. App. at 238–39. The Veterans Court of temporary flare-ups symptomatic to Finally, VA also proposes noted that the term ‘‘aggravation,’’ an underlying preexisting condition, amendments to sections 3.306 and 3.310 although present in 38 U.S.C. 1153, ‘‘is alone, is not sufficient for a non-combat to use consistent terminology, as well as not contained in the portions of 38 veteran to show increased disability to make minor, technical changes to U.S.C. 1110 and 1131, from which under 38 U.S.C. [ ] 1153 unless the section 3.310. secondary service connection derives.’’ underlying condition is worsened’’). 31 Vet. App.at 238. Rather, the Court VA’s proposed changes to section 3.310 III. A Singular Definition noted, sections 1110 and 1131 only use respond to a growing divergence In light of the uncertainty that exists that term as pertaining to a pre-existing between the two ‘‘aggravation’’ as to the meaning of ‘‘aggravation’’ in 38 condition ‘‘aggravated’’ during service, standards in recent Veterans Court case CFR 3.306 and 3.310 and the which would not be applicable in the law based on imprecise regulatory unintended divergence in meaning of context of post-service aggravation. Id. language. VA did not intend this However, the Veterans Court did not divergence, and its proposed revisions the regulatory terms as interpreted in hold that sections 1110 and 1131 clearly to realign the two standards of case law resulting from imprecise foreclose a permanent worsening ‘‘aggravation’’ will supersede the effect wording in these regulations, VA is requirement in the term ‘‘aggravation.’’ of the Veterans Court’s recent holding in proposing to amend these regulations to Instead, the Veterans Court focused its Ward v. Wilkie based on a change in the explicitly confirm a singular definition analysis on interpreting section 3.310 as underlying regulatory text. of ‘‘aggravation.’’ This singular currently written, which includes the When VA last amended section 3.310, definition would apply to all claims for term ‘‘[a]ny increase in severity’’ that is it did so to implement the Veterans service connection, regardless of not contained in the authorizing whether the aggravated condition was a statutes. Id. at 238–39. VA is proposing 1 VA does not intend to alter the structure of 38 preexisting condition that worsened to clarify its intent by amending the CFR 3.306(b) through (c) or revise the standard for during service or a nonservice- demonstrating aggravation of a preexisting injury or regulation in response to this disease for combat and prisoner-of-war veterans connected condition that worsened due interpretation of its regulation. under section 3.306(b). to a service-connected condition.

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56191

A. Changes to 38 CFR 3.306(a) VA is proposing to use only the term www.va.gov/orpm/, by following the VA proposes to incorporate the ‘‘disability’’ for consistency. No link for ‘‘VA Regulations Published longstanding, case law definition of substantive change to the law of From FY 2004 Through Fiscal Year to ‘‘aggravation’’ from Davis v. Principi secondary service connection in the Date.’’ into 38 CFR 3.306(a). This revision non-aggravation context is intended. This proposed rule is not expected to be an Executive Order 13771 regulatory would remove any ambiguity in the C. Changes to 38 CFR 3.310(b) or deregulatory action because it is not existing text and would define what VA proposes to clarify the definition constitutes an ‘‘increase in disability’’; expected to result in more than de of ‘‘aggravation’’ in 38 CFR 3.310(b) to minimis costs. Details on the estimated the definition would include the align it with the definition in 38 CFR requirement of ‘‘permanent worsening.’’ costs of this proposed rule can be found 3.306(a), which would change the in the rule’s economic analysis. Accordingly, VA proposes to amend underlying text relied on in the recent paragraph 3.306(a) by adding the Ward v. Wilkie decision. This revision Regulatory Flexibility Act following two sentences: ‘‘Except as would remove any ambiguity as to what The Secretary hereby certifies that otherwise noted in paragraph (b)(2) in constitutes aggravation of a nonservice- this proposed rule would not have a this section, service connection will connected condition by a service- significant economic impact on a only be warranted if the increase in connected condition. For further clarity substantial number of small entities as disability is permanent and not and organization, VA proposes to revise they are defined in the Regulatory attributable to the natural progress of paragraph 3.310(b) by dividing it into Flexibility Act (5 U.S.C. 601–612). This the injury or disease. Temporary or three paragraphs. Paragraph 3.310(b)(1) certification is based on the fact that no intermittent flare-ups do not constitute would provide general guidance and small entities or businesses receive or an increase in disability unless the would define what constitutes an determine entitlement to VA disability underlying injury or disease shows ‘‘increase in disability’’; this definition compensation. Therefore, pursuant to 5 permanent worsening.’’ would include the requirement of U.S.C. 605(b), this rulemaking is exempt B. Changes to 38 CFR 3.310(a) ‘‘permanent worsening.’’ paragraph from the initial and final regulatory 3.310(b)(2) would describe the VA proposes to change the flexibility analysis requirements of requirement of a baseline level of sections 603 and 604. introductory heading of 38 CFR 3.310(a) severity. This language is already from ‘‘General’’ to ‘‘Secondary present in the existing regulation, and Unfunded Mandates disabilities’’. The intent behind this VA only proposes to add a title and The Unfunded Mandates Reform Act change is to clarify the distinction nomenclature to paragraph 3.310(b)(2). of 1995 requires, at 2 U.S.C. 1532, that between secondary service connection Lastly, paragraph 3.310(b)(3) would agencies prepare an assessment of of a disability that only arose post- describe how to determine the extent of anticipated costs and benefits before service and was caused by a service- aggravation by deducting the baseline issuing any rule that may result in the connected disability, addressed in level of severity from the current level expenditure by State, local, and tribal subsection (a), and aggravation of a pre- of severity. This language is already governments, in the aggregate, or by the existing disability by a service- present in the existing regulation, and private sector, of $100 million or more connected disability, addressed in VA only proposes to add a title and (adjusted annually for inflation) in any subsection (b). Both scenarios are nomenclature to paragraph 3.310(b)(3). one year. This proposed rule would ‘‘secondary’’ service connection in the have no such effect on State, local, and sense that VA is compensating for the Executive Orders 12866, 13563, and tribal governments, or on the private downstream consequence of a service- 13771 sector. connected disability rather than a Executive Orders 12866 and 13563 disability that itself arose in service. direct agencies to assess the costs and Paperwork Reduction Act Both scenarios accordingly rely on VA’s benefits of available regulatory This proposed rule contains no authority found in 38 U.S.C. 1110 and alternatives and, when regulation is provisions constituting a collection of 1131 to compensate disability that is necessary, to select regulatory information under the Paperwork causally related to service, as well as approaches that maximize net benefits Reduction Act of 1995 (44 U.S.C. 3501– VA’s underlying rulemaking authority (including potential economic, 3521). in 38 U.S.C. 501. environmental, public health and safety While both scenarios share this effects, and other advantages; Catalog of Federal Domestic Assistance similar legal grounding, VA wishes to distributive impacts; and equity). The Catalog of Federal Domestic highlight the distinction in order to Executive Order 13563 (Improving Assistance numbers and titles for the clarify for rating personnel that the Regulation and Regulatory Review) programs affected by this document are concepts are distinct. When an entirely emphasizes the importance of 64.102, Compensation for Service new disability is caused by a service- quantifying both costs and benefits, Connected Deaths for Veterans’ connected disability, VA rates and reducing costs, harmonizing rules, and Dependents; and 64.103, Veterans compensates for the entire disability. In promoting flexibility. The Office of Compensation for Service Connected the scenario where a pre-existing Information and Regulatory Affairs has Disability; 64.110. disability is aggravated by a service- determined that this rule is a significant connected disability, VA rates and regulatory action under Executive Order List of Subjects in 38 CFR Part 3 compensates only for the extent of the 12866. Administrative practice and aggravation. VA’s impact analysis can be found as procedure, Claims, Disability benefits, VA also proposes minor technical a supporting document at http:// Veterans. corrections to 38 CFR 3.310(a) that www.regulations.gov, usually within 48 include grammatical corrections and use hours after the rulemaking document is Signing Authority of consistent wording. For example, the published. Additionally, a copy of the The Secretary of Veterans Affairs current regulation interchangeably uses rulemaking and its impact analysis are approved this document and authorized the terms ‘‘disability’’ and ‘‘condition’’; available on VA’s website at http:// the undersigned to sign and submit the

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56192 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

document to the Office of the Federal injury or disease that is proximately due comments electronically should contact Register for publication electronically as to or the result of a service-connected the person identified in the FOR FURTHER an official document of the Department disability will be service connected on INFORMATION CONTACT section by of Veterans Affairs. Pamela Powers, the basis of aggravation. Service telephone for advice on filing Chief of Staff, Performing the Delegable connection will only be warranted if the alternatives. Duties of the Deputy Secretary, increase in disability is permanent and FOR FURTHER INFORMATION CONTACT: Department of Veterans Affairs, not attributable to the natural progress David A. Trissell, General Counsel, at approved this document on April 14, of the injury or disease. Temporary or 202–789–6820. 2020, for publication. intermittent flare-ups do not constitute SUPPLEMENTARY INFORMATION: an increase in disability unless the Jeffrey M. Martin, underlying injury or disease shows Table of Contents Assistant Director, Office of Regulation Policy permanent worsening. I. Introduction & Management, Office of the Secretary, (2) Baseline Level of Severity. VA will Department of Veterans Affairs. II. Proposal Five not concede that a nonservice- III. Notice and Comment For the reasons stated in the connected injury or disease was IV. Ordering Paragraphs preamble, the Department of Veterans aggravated by a service-connected injury Affairs proposes to amend 38 CFR part or disease unless the baseline level of I. Introduction 3 as set forth below: severity of the nonservice-connected On August 5, 2020, the Postal Service injury or disease is established by filed a petition pursuant to 39 CFR PART 3—ADJUDICATION medical evidence created before the 3050.11 requesting that the Commission Subpart A—Pension, Compensation, onset of aggravation or by the earliest initiate a rulemaking proceeding to and Dependency and Indemnity medical evidence created at any time consider changes to analytical 1 Compensation between the onset of aggravation and principles relating to periodic reports. the receipt of medical evidence The Petition identifies the proposed ■ 1. The authority citation for part 3, establishing the current level of severity analytical changes filed in this docket as subpart A continues to read as follows: of the nonservice connected injury or Proposal Five. disease. Authority: 38 U.S.C. 501(a), unless II. Proposal Five otherwise noted. (3) Extent of Aggravation. The rating activity will determine the baseline and Background. Proposal Five relates to ■ 2. Revise § 3.306 paragraph (a) to read current levels of severity under the the Revenue Piece and Weight (RPW) as follows: Schedule for Rating Disabilities (38 CFR reporting methodology for measuring § 3.306 Aggravation of preservice part 4) and determine the extent of the national totals of non-Negotiated disability. aggravation by deducting the baseline Service Agreement (NSA) mailpieces in international outbound product (a) General. A preexisting injury or level of severity, as well as any increase categories bearing PC Postage indicia disease will be considered to have been in severity due to the natural progress from postage evidencing systems. aggravated by active military, naval, or of the injury or disease, from the current Petition, Proposal Five at 1. The air service when there is an increase in level. international outbound products at disability during such service. Except as (Authority: 38 U.S.C. 501, 1110 and 1131) issue include Priority Mail International otherwise noted in paragraph (b)(2) in * * * * * (PMI) and First-Class Package this section, service connection will [FR Doc. 2020–17672 Filed 9–10–20; 8:45 am] International Service (FCPIS). Id. only be warranted if the increase in BILLING CODE 8320–01–P Currently, the Postal Service uses disability is permanent and not several census sources in combination attributable to the natural progress of with statistical sampling estimates from the injury or disease. Temporary or POSTAL REGULATORY COMMISSION the System for International Revenue intermittent flare-ups do not constitute and Volume, Outbound, and an increase in disability unless the 39 CFR Part 3050 International Origin Destination underlying injury or disease shows [Docket No. RM2020–12; Order No. 5622] Information System (SIRVO) to report permanent worsening. the national totals of non-NSA (Authority: 38 U.S.C. 1110, 1131, and 1153) Periodic Reporting mailpieces in outbound international * * * * * AGENCY: Postal Regulatory Commission. product categories. Id. at 2. The Postal ■ 3. Revise § 3.310 paragraphs (a) and Service also filed a detailed assessment ACTION: Notice of proposed rulemaking. (b) to read as follows: of the impact of the proposal on particular products in a non-public § 3.310 Disabilities that are proximately SUMMARY: The Commission initiates an due to, or aggravated by, service-connected informal rulemaking proceeding to attachment accompanying this 2 disease or injury. change how the Postal Service proposal. Proposal. The Postal Service’s (a) Secondary disabilities. Except as determines incremental costs and how it proposal seeks to replace the SIRVO provided in § 3.300(c), a disability that accounts for peak-season costs in its sampling data used in the existing RPW is proximately due to or the result of a periodic reports. This notice informs the reporting methodology for international service-connected disability shall be public of the filing, invites public service connected. When service comment, and takes other administrative steps. 1 Petition of the United States Postal Service for connection is established for a the Initiation of a Proceeding to Consider Proposed secondary disability, it shall be DATES: Comments are due: September 8, Changes in Analytical Principles (Proposal Five), considered a part of the original 2020. August 5, 2020 (Petition). The Postal Service also disability. ADDRESSES: Submit comments filed a notice of filing of non-public material relating to Proposal Five. Notice of Filing of USPS– (b)(1) Aggravation of Nonservice- electronically via the Commission’s RM2020–12–NP1 and Application for Nonpublic Connected Disabilities. An increase in Filing Online system at http:// Treatment, August 5, 2020. disability of a nonservice-connected www.prc.gov. Those who cannot submit 2 See Library Reference USPS–RM2020–12–NP1.

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56193

outbound non-NSA parcel mail volume for Quarters 1 and 2 of FY 2020 ENVIRONMENTAL PROTECTION categories bearing PC Postage indicia would have been reduced by 0.3 percent AGENCY with census data provided by reports and 2.7 percent, respectively.’’ Id. at 6 from the Accounting Data Mart (ADM). (footnote omitted). 40 CFR Part 52 Petition, Proposal Five at 4. The Postal III. Notice and Comment [EPA–R07–OAR–2020–0439; FRL–10014– Service notes that ‘‘[d]ata collection is 17–Region 7] always challenging in the fast-moving The Commission establishes Docket timeframe around mail arrival to U.S. Air Plan Approval; Missouri; Removal No. RM2020–12 for consideration of International Service Centers and of Control of Emission From Solvent matters raised by the Petition. More distribution to outbound international Cleanup Operations flights, which is when SIRVO tests are information on the Petition may be conducted.’’ Id. at 3. For this reason, accessed via the Commission’s website AGENCY: Environmental Protection ‘‘[u]nintended errors could occur in the at http://www.prc.gov. Interested Agency (EPA). sampling of mail, and in the recording persons may submit comments on the ACTION: Proposed rule. of the data elements observed[,]’’ Petition and Proposal Five no later than SUMMARY: resulting in SIRVO point estimates with September 8, 2020. Pursuant to 39 The Environmental Protection sampling errors that are not present in U.S.C. 505, Jennaca D. Upperman is Agency (EPA) is proposing approval of census data. Id. designated as an officer of the a State Implementation Plan (SIP) Rationale and impact. The Postal Commission (Public Representative) to revision submitted by the State of Missouri on January 15, 2019 and Service states that the proposed represent the interests of the general supplemented by letter on July 11, 2019. methodology ‘‘provides a complete public in this proceeding. census source of transactional-level data Missouri requests that the EPA remove for PC Postage international outbound IV. Ordering Paragraphs a rule related to the control of emissions mailpieces.’’ Id. at 4. The Postal Service from solvent cleanup operations in the contends that the proposed It is ordered: St. Louis, Missouri area from its SIP. methodology will provide ‘‘equal or 1. The Commission establishes Docket This removal does not have an adverse improved data quality.’’ Id. at 3. The No. RM2020–12 for consideration of the effect on air quality. The EPA’s Postal Service avers that the proposed matters raised by the Petition of the proposed approval of this rule revision methodology will result in ‘‘the United States Postal Service for the is in accordance with the requirements improved reporting of PC Postage non- Initiation of a Proceeding to Consider of the Clean Air Act (CAA). contract revenue and volume both in Proposed Changes in Analytical DATES: Comments must be received on terms of the level and measures of Principles (Proposal Five), filed August or before October 13, 2020. precision.’’ Id. at 6. Furthermore, the 5, 2020. ADDRESSES: You may send comments, Postal Service argues that the proposed 2. Comments by interested persons in identified by Docket ID No. EPA–R07– methodology ‘‘will also allow for more OAR–2020–0439 to https:// this proceeding are due no later than granularity in the underlying report www.regulations.gov. Follow the online September 8, 2020.3 data.’’ Id. instructions for submitting comments. The Postal Service reports that its 3. Pursuant to 39 U.S.C. 505, the Instructions: All submissions received examination of potential changes Commission appoints Jennaca must include the Docket ID No. for this suggests that the proposed methodology Upperman to serve as an officer of the rulemaking. Comments received will be would directly affect two major Commission (Public Representative) to posted without change to https:// international outbound mail categories: represent the interests of the general www.regulations.gov/, including any PMI and FCPIS. Id. at 5. Outbound PMI public in this docket. personal information provided. For revenue would increase 2.3 percent and detailed instructions on sending volume would decrease 5.8 percent. Id. 4. The Secretary shall arrange for publication of this order in the Federal comments and additional information FCPIS would experience revenue and on the rulemaking process, see the Register. volume changes of the ‘‘same general ‘‘Written Comments’’ heading of the percentage magnitude as Outbound By the Commission. SUPPLEMENTARY INFORMATION section of Priority Mail International, but in each Erica A. Barker, this document. instance in the opposite direction.’’ Id. FOR FURTHER INFORMATION CONTACT: The Postal Service also notes indirect Secretary. effects of the proposal which would [FR Doc. 2020–17663 Filed 9–10–20; 8:45 am] David Peter, Environmental Protection Agency, Region 7 Office, Air Permitting occur when estimates of mail categories BILLING CODE 7710–FW–P other than PMI and FCPIS are scaled to and Standards Branch, 11201 Renner the remaining known dispatch weights. Boulevard, Lenexa, Kansas 66219; Id. Among those, Outbound First-Class telephone number: (913) 551–7397; Mail International revenue would email address: [email protected]. decrease 4.8 percent and volume would SUPPLEMENTARY INFORMATION: decrease by 5.7 percent. Id. Throughout this document ‘‘we,’’ ‘‘us,’’ Additionally, U.S. Postal Service Mail, and ‘‘our’’ refer to the EPA. Free Mail, and International Ancillary 3 The Commission reminds interested persons Table of Contents Services would experience indirect that its revised and reorganized Rules of Practice effects on revenue and volume. Id. at 5– and Procedure became effective April 20, 2020, and I. Written Comments 6. The Postal Service notes that should be used in filings with the Commission after II. What is being addressed in this document? III. Background ultimately, indirect effects of the April 20, 2020. The new rules are available on the Commission’s website and can be found in Order IV. What is the EPA’s analysis of Missouri’s proposal will be spread over other types No. 5407. See Docket No. RM2019–13, Order SIP revision request? of mail, not listed above. Id. at n.4. The Reorganizing Commission Regulations and V. Have the requirements for approval of a Postal Service reports that ‘‘[o]verall, Amending Rules of Practice, January 16, 2020 SIP revision been met? outbound international revenue and (Order No. 5407). VI. What action is the EPA taking?

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56194 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

VII. Incorporation by Reference Louis Counties (hereinafter referred to applicable requirement of the CAA. The VIII. Statutory and Executive Order Reviews in this document as the ‘‘St. Louis State supplemented its SIP revision I. Written Comments Area’’). On February 8, 1979, the EPA with a July 11, 2019, letter in order to revised the 1-hour ozone NAAQS, address the requirements of section Submit your comments, identified by referred to as the 1979 ozone NAAQS. 110(l) of the CAA. Docket ID No. EPA–R07–OAR–2020– 44 FR 8202 (February 8, 1979). On May 0439 at https://www.regulations.gov. 26, 1988, the EPA notified Missouri that IV. What is the EPA’s analysis of Once submitted, comments cannot be the SIP was substantially inadequate Missouri’s SIP revision request? edited or removed from Regulations.gov. (hereinafter referred to as the ‘‘SIP In its July 11, 2019 letter, Missouri The EPA may publish any comment Call’’) to attain the 1-hour ozone states that it intended its RACT rules, received to its public docket. Do not NAAQS in the St. Louis Area. See 54 FR such as 10 CSR 10–5.455, to solely submit electronically any information 43183 (October 23, 1989).To address the apply to existing sources in accordance you consider to be Confidential inadequacies identified in the SIP Call, with section 172(c)(1) of the CAA.1 Business Information (CBI) or other Missouri submitted volatile organic Missouri states that although the information whose disclosure is compound (VOC) control regulations on applicability section of 10 CSR 10–5.455 restricted by statute. Multimedia June 14, 1985; November 19, 1986; and specifies that the rule applies to all submissions (audio, video, etc.) must be March 30, 1989. The EPA subsequently installations located throughout St. accompanied by a written comment. approved the revised control regulations Louis City and Jefferson, St. Charles, The written comment is considered the for the St. Louis Area on March 5, 1990 Franklin and St. Louis Counties, the official comment and should include and February 17, 2000. The VOC control only facilities that met the applicability discussion of all points you wish to regulations approved by EPA into the criteria of the rule were Ford Motor make. The EPA will generally not SIP included reasonably available Company, St. Louis Assembly Plant; consider comments or comment control technology (RACT) rules as Chrysler Group LLC South Assembly contents located outside of the primary required by CAA section 172(b)(2), Plant; and General Motors LLC submission (i.e., on the web, cloud, or including 10 CSR 10–5.455 Control of Wentzville Center (hereinafter referred other file sharing system). For Emission from Solvent Cleanup to as ‘‘Ford’’, ‘‘Chrysler’’, and ‘‘General additional submission methods, the full Operations. Motors’’, respectively). EPA public comment policy, The EPA redesignated the St. Louis Missouri, in its July 11, 2019 letter, information about CBI or multimedia Area to attainment of the 1979 1-hour indicated that MDNR ‘‘marked’’ the submissions, and general guidance on ozone standard on May 12, 2003. 68 FR Ford plant as shutdown in 2008 and the making effective comments, please visit 25418. Pursuant to section 175A of the Chrysler plant as shutdown in 2011. https://www.epa.gov/dockets/ CAA, the first 10-year maintenance The EPA confirmed that Ford and commenting-epa-dockets. period for the 1-hour ozone standard Chrysler are no longer in operation 2 and began on May 12, 2003, the effective II. What is being addressed in this are therefore no longer subject to 10 CSR date of the redesignation approval. On document? 10–5.455. Missouri further indicated in April 30, 2004, the EPA published a the July 11, 2019 letter that General The EPA is proposing to approve the final rule in the Federal Register stating Motors is no longer subject to 10 CSR removal of 10 Code of State Regulations the 1-hour ozone NAAQS would no 10–5.455 in accordance with paragraph (CSR) 10–5.455, Control of Emission longer apply (i.e., would be revoked) for (1)(C)8.B. which exempts cleaning from Solvent Cleanup Operations, from an area one year after the effective date operations for emission units within the the Missouri SIP. of the area’s designation for the 8-hour auto and light duty truck assembly According to the July 11, 2019 letter ozone NAAQS. 69 FR 23951 (April 30, coatings category listed for regulation from the Missouri Department of 2004). The effective date of the under section 183(e) of the Clean Air Natural Resources, available in the revocation of the 1979 1-hour ozone Act.3 docket for this proposed action, standard for the St. Louis Area was June As stated above, Missouri contends Missouri stated that it rescinded the rule 15, 2005. See 70 FR 44470 (August 3, that 10 CSR 10–5.455 may be removed because of the three facilities that were 2005). once subject to the rule, two facilities As noted above, 10 CSR 10–5.455, from the SIP because section 172(c)(1) of shutdown and the other facility no Control of Emission from Solvent the CAA requires RACT for existing longer meets the applicability of the Cleanup Operations, was approved into sources, and because 10 CSR 10–5.455 4 rule. Therefore, the rule is no longer the Missouri SIP as a RACT rule on was applicable to only three sources necessary for attainment and February 17, 2000. 65 FR 8060 1 The EPA agrees with Missouri’s interpretation of maintenance of the 1979, 1997, 2008, or (February 17, 2000). At the time the rule CAA section 172(c)(1) in regard to whether RACT 2015 National Ambient Air Quality was approved into the SIP, 10 CSR 10– is required for existing sources, but also notes that Standards (NAAQS) for Ozone. 5.455 applied to all installations the State regulation establishing RACT may apply throughout St. Louis City and Jefferson, to new sources as well, dependent upon the State III. Background St. Charles, Franklin and St. Louis regulation’s language. 2 The EPA reviewed MDNR’s website that lists The EPA established a 1-hour ozone Counties that allowed the performance active, issued permits to facilities in Missouri and NAAQS in 1971. 36 FR 8186 (April 30, of any cleaning operation involving the did not observe a permit for Ford or Chrysler. 1971). On March 3, 1978, the entire St. use of organic solvents or solvent Further, the EPA reviewed EPA’s ICIS-Air database Louis Air Quality Control Region solutions. which indicated that both facilities are (AQCR) (070) was identified as being in By letter dated January 15, 2019, ‘‘permanently closed’’. 3 The Title V Operating Permit issued to General nonattainment of the 1971 1-hour ozone Missouri requested that the EPA remove Motors by Missouri on December 4, 2017, which is NAAQS, as required by the CAA 10 CSR 10–5.455 from the SIP. Section included in docket, supports the interpretation that Amendments of 1977. 43 FR 8962 110(l) of the CAA prohibits EPA from paragraph (1)(C)8.B. exempts the facility from 10 (March 3, 1978). On the Missouri side, approving a SIP revision that interferes CSR 10–5.455. 4 The EPA indicated in the March 18, 1996 the St. Louis nonattainment area with any applicable requirement Federal Register document (61 FR 10968), which included the city of St. Louis and concerning attainment and reasonable proposed to approve 10 CSR 10–5.455 into Jefferson, St. Charles, Franklin and St. further progress (RFP), or any other Missouri’s SIP, that three ‘‘automobile

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56195

that are no longer subject to the rule EPA proposes to approve the removal of that complies with the provisions of the and, therefore, the rule no longer 10 CSR 10–5.455 from the SIP. Act and applicable Federal regulations. reduces VOC emissions. Because these 42 U.S.C. 7410(k); 40 CFR 52.02(a). V. Have the requirements for approval three facilities are no longer subject to Thus, in reviewing SIP submissions, of a SIP revision been met? the rule, the EPA believes the rule no EPA’s role is to approve state choices, longer provides an emission reduction The State submission has met the provided that they meet the criteria of benefit to the St. Louis Area and is public notice requirements for SIP the CAA. Accordingly, this action proposing to remove it from the SIP. submissions in accordance with 40 CFR merely approves state law as meeting Missouri’s July 11, 2019 letter states 51.102. The submission also satisfied Federal requirements and does not that any new sources or major the completeness criteria of 40 CFR part impose additional requirements beyond modifications of existing sources are 51, appendix V. The State provided those imposed by state law. For that subject to new source review (NSR) public notice on this SIP revision from reason, this action: permitting. Under NSR, a new major May 15, 2018 to August 2, 2018 and • Is not a significant regulatory action source or major modification of an received twelve comments from the EPA subject to review by the Office of existing source with a PTE of 250 tons that related to Missouri’s lack of an Management and Budget under per year (tpy) 5 or more of any NAAQS adequate demonstration that the rule Executive Orders 12866 (58 FR 51735, pollutant is required to obtain a could be removed from the SIP in October 4, 1993) and 13563 (76 FR 3821, Prevention of Significant Deterioration accordance with section 110(l) of the January 21, 2011); (PSD) permit when the area is in CAA, whether the rule applied to new • Is not an Executive Order 13771 (82 attainment or unclassifiable, which sources and other implications related FR 9339, February 2, 2017) regulatory requires an analysis of Best Available to rescinding the rule. Missouri’s July action because SIP approvals are Control Technology (BACT) in addition 11, 2019 letter and December 3, 2018 exempted under Executive Order 12866. to an air quality analysis and an response to comments on the state • Does not impose an information rescission rulemaking addressed the additional impacts analysis. Sources collection burden under the provisions EPA’s comments. In addition, the with a PTE greater than 100 tpy, but less of the Paperwork Reduction Act (44 revision meets the substantive SIP than 250 tpy,6 are required to obtain a U.S.C. 3501 et seq.); requirements of the CAA, including minor permit in accordance with • Is certified as not having a section 110 and implementing Missouri’s New Source Review significant economic impact on a regulations. permitting program, which is approved substantial number of small entities into the SIP.7 Further, a new major VI. What action is the EPA taking? under the Regulatory Flexibility Act (5 source or major modification of an The EPA is proposing to approve U.S.C. 601 et seq.); • existing source with a PTE of 100 tpy or Missouri’s request to rescind 10 CSR Does not contain any unfunded more of any NAAQS pollutant is 10–5.455 from the SIP because the rule mandate or significantly or uniquely required to obtain a nonattainment (NA) applied to three facilities that are no affect small governments, as described NSR permit when the area is in longer subject and because the rule is in the Unfunded Mandates Reform Act nonattainment, which requires an not applicable to any other source. of 1995 (Pub. L. 104–4); analysis of Lowest Achievable Emission Therefore, the rule no longer serves to • Does not have Federalism Rate (LAER) in addition to an air quality reduce emissions in the St. Louis Area. implications as specified in Executive analysis, an additional impacts analysis Furthermore, any new sources or major Order 13132 (64 FR 43255, August 10, and emission offsets. The EPA agrees modifications of existing sources in the 1999); with this analysis. St. Louis Area are subject to NSR • Is not an economically significant Missouri has demonstrated that permitting.9 We are processing this as a regulatory action based on health or removal of 10 CSR 10–5.455 will not proposed action because we are safety risks subject to Executive Order interfere with attainment of the NAAQS, 13045 (62 FR 19885, April 23, 1997); 8 soliciting comments on this proposed RFP or any other applicable action. Final rulemaking will occur after • Is not a significant regulatory action requirement of the CAA because the consideration of any comments. subject to Executive Order 13211 (66 FR only three sources that were subject to 28355, May 22, 2001); the rule are no longer subject and the VII. Incorporation by Reference • Is not subject to requirements of the removal of the rule will not cause VOC In this document, the EPA is National Technology Transfer and emissions to increase. Therefore, the proposing to amend regulatory text that Advancement Act (NTTA) because this includes incorporation by reference. As rulemaking does not involve technical manufacturers’’ were subject to this rule but did not described in the proposed amendments standards; and specifically name the three facilities. to 40 CFR part 52 set forth below, the • 5 The PSD major source threshold for certain Does not provide EPA with the sources is 100 tpy rather than 250 tpy (see 40 CFR EPA is proposing to remove provisions discretionary authority to address, as 52.21(b)(1)(i)(a) and 10 C.S.R. 10–6.060(8)(A)). of the EPA-Approved Missouri appropriate, disproportionate human 6 Except for those sources with a PSD major Regulation from the Missouri State health or environmental effects, using source threshold of 100 tpy. Implementation Plan, which is practicable and legally permissible 7 EPA’s latest approval of Missouri’s NSR incorporated by reference in accordance permitting program rule was published in the methods, under Executive Order 12898 Federal Register on October 11, 2016. 81 FR 70025. with the requirements of 1 CFR part 51. (59 FR 7629, February 16, 1994). 8 RFP is not applicable to the St. Louis Area VIII. Statutory and Executive Order The SIP is not approved to apply on because for marginal ozone nonattainment areas, Reviews any Indian reservation land or in any such as the St. Louis Area, the specific other area where EPA or an Indian tribe requirements of section 182(a) apply in lieu of the Under the CAA, the Administrator is attainment planning requirements that would has demonstrated that a tribe has otherwise apply under section 172(c), including the required to approve a SIP submission jurisdiction. In those areas of Indian attainment demonstration and reasonably available country, the rule does not have tribal 9 control measures (RACM) under section 172(c)(1), ‘‘NSR Permitting’’ includes PSD permitting in implications and will not impose reasonable further progress (RFP) under section areas designated attainment and unclassifiable, NA 172(c)(2), and contingency measures under section NSR in areas designated nonattainment and minor substantial direct costs on tribal 172(c)(9). source permitting. governments or preempt tribal law as

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56196 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

specified by Executive Order 13175 (65 instructions for submitting comments. reference citations in IDAPA 58.01.01 FR 67249, November 9, 2000). Once submitted, comments cannot be on an annual basis and submits a SIP edited or removed from https:// revision to reflect any changes made to List of Subjects in 40 CFR Part 52 www.regulations.gov. The EPA may Federal regulations during that year. Environmental protection, Air publish any comment received to its Idaho also makes periodic changes to pollution control, Incorporation by public docket. Do not electronically permitting regulations for clarity or to reference, Reporting and recordkeeping submit any information you consider to improve implementation and submits requirements, Volatile organic be Confidential Business Information the changes to the EPA along with the compounds. (CBI) or other information the disclosure annual update SIP revision. of which is restricted by statute. Dated: August 24, 2020. II. Evaluation of Submissions James Gulliford, Multimedia submissions (audio, video, etc.) must be accompanied by a written On June 5, 2019 and May 27, 2020, Regional Administrator, Region 7. comment. The written comment is Idaho submitted SIP revisions to update For the reasons stated in the considered the official comment and the incorporation by reference of preamble, the EPA proposes to amend should include discussion of all points Federal regulations. Idaho also 40 CFR part 52 as set forth below: you wish to make. The EPA will submitted rule changes to clarify generally not consider comments or permitting requirements. This PART 52—APPROVAL AND comment contents located outside of the evaluation section discusses how the PROMULGATION OF primary submission (i.e., on the web, submitted rule revisions differ from the IMPLEMENTATION PLANS cloud, or other file sharing system). For current Federally approved Idaho SIP additional submission methods, the full and why the EPA believes the rule ■ 1. The authority citation for part 52 EPA public comment policy, changes are approvable.1 As such, our continues to read as follows: information about CBI or multimedia discussion focuses on the most recently Authority: 42 U.S.C. 7401 et seq. submissions, and general guidance on submitted change to any particular rule making effective comments, please visit provision. Subpart-AA Missouri https://www.epa.gov/dockets/ A. Incorporation by Reference § 52.1320 [Amended] commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: The Idaho SIP incorporates by ■ 2. In § 52.1320, the table in paragraph Kristin Hall, EPA Region 10, 1200 Sixth reference the following Federal (c) is amended by removing the entry Avenue, Suite 155, Seattle, WA 98101, regulations into the Idaho SIP (IDAPA ‘‘10–5.455’’ under the heading ‘‘Chapter at (206) 553–6357 or hall.kristin@ 58.01.01.107.03.a through .e.): 5—Air Quality Standards and Air epa.gov. • National Primary and Secondary Pollution Control Regulations for the St. SUPPLEMENTARY INFORMATION: Ambient Air Quality Standards, 40 CFR Louis Metropolitan Area’’. part 50; [FR Doc. 2020–19009 Filed 9–10–20; 8:45 am] Throughout this document, wherever • Requirements for Preparation, BILLING CODE 6560–50–P ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it refers to the EPA. Adoption, and Submittal of Implementation Plans, 40 CFR part 51, Table of Contents ENVIRONMENTAL PROTECTION with the exception of certain visibility- AGENCY I. Background related provisions; II. Evaluation of Submissions • Approval and Promulgation of 40 CFR Part 52 III. Proposed Action Implementation Plans, 40 CFR part 52, IV. Incorporation by Reference subparts A and N, and appendices D [EPA–R10–OAR–2019–0401, FRL–10012– V. Statutory and Executive Order Reviews and E; 52–Region 10] I. Background • Ambient Air Monitoring Reference and Equivalent Methods, 40 CFR part Air Plan Approval; ID, Incorporation by Section 110 of the Clean Air Act 53; and Reference Updates and Rule Revisions (CAA) specifies the general • Ambient Air Quality Surveillance, requirements for states to submit SIPs to AGENCY: 40 CFR part 58. Environmental Protection attain and maintain the National The submitted SIP revisions update Agency (EPA). Ambient Air Quality Standards the incorporation by reference citation ACTION: Proposed rule. (NAAQS) and the EPA’s actions date for these provisions from July 1, regarding approval of those SIPs. Idaho SUMMARY: The Environmental Protection 2017 to July 1, 2019. During this time incorporates by reference various Agency (EPA) proposes to approve State period, there were no changes to 40 CFR portions of Federal regulations codified Implementation Plan (SIP) revisions parts 50, 53, and 58. There were, in the Code of Federal Regulations submitted by Idaho on June 5, 2019 and however, changes to the State-adopted (CFR) into the Rules for the Control of May 27, 2020. The submitted revisions portions of 40 CFR parts 51 and 52, Air Pollution in Idaho (Idaho update the incorporation by reference of specifically: A change to the Federal Administrative Procedures Act (IDAPA) specific Federal requirements and definition of volatile organic 58.01.01). Idaho then submits parts of clarify source permitting requirements. compounds; 2 updates to compliance IDAPA 58.01.01 to the EPA for approval The EPA proposes to find that the into the Federally approved Idaho SIP changes are consistent with Clean Air 1 (generally those provisions that relate to The EPA approved a portion of the June 5, 2019 Act requirements. SIP revision on December 9, 2019 (84 FR 67189). the criteria pollutants regulated under Specifically, we approved IDAPA 58.01.01.620 and DATES: Comments must be received on section 110 of the CAA for which the Section 4 of Senate Bill 1024, codified at Idaho or before October 13, 2020. EPA has promulgated NAAQS or other Code Section 39–114, state effective April 11, 2019. ADDRESSES: Submit your comments, specific requirements of section 110). 2 Air Quality: Revision to the Regulatory Definition of Volatile Organic Compounds— identified by Docket ID No. EPA–R10– To ensure that its rulemakings remain Exclusion of cis1,1,1,4,4,4-hexafluorobut-2-ene OAR–2019–0401, at https:// consistent with EPA requirements, (HFO–1336mzz–Z), final rule published November www.regulations.gov. Follow the online Idaho updates the incorporation by 28, 2018 (83 FR 61127).

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56197

test methods for air emissions sources; 3 program only to the extent that the rules 58.01.01.845 through .848 from the additional requirements for ozone apply to (1) pollutants for which Idaho SIP. nonattainment areas and the ozone NAAQS have been established (criteria III. Proposed Action transport region; 4 corrections and pollutants) and precursors to those updates to regulations to limit the criteria pollutants as determined by the The EPA is proposing to approve and interstate transport of nitrogen oxides; 5 EPA for the applicable geographic area; incorporate by reference revisions to the and updates to the Idaho SIP codified at and (2) any additional pollutants that Idaho SIP submitted on June 5, 2019, 40 CFR part 52, subpart N.6 are required to be regulated under part and May 27, 2020. Upon final approval, We have reviewed the incorporation C of title I of the CAA, but only for the the Idaho SIP will include the following by reference updates and have regulations: purposes of meeting or avoiding the • determined that the effect of the updates requirements of part C of title I of the IDAPA 58.01.01.006.108, definition is to keep the Idaho SIP consistent with CAA. of ‘‘Significant’’ (State effective 4/11/ minimum Federal requirements. 2019); • Therefore, we propose to approve the C. Non-Title V Operating Permit IDAPA 58.01.01.107, Incorporation submitted incorporation by reference Program by Reference, except section 107.03.f through 107.03.p (State effective 3/30/ updates. The submitted revisions update a 2020); B. Permit To Construct Program requirement in the Idaho Tier II (non- • IDAPA 58.01.01.221, Category I title V) operating permit program. The Federally approved Idaho Permit Exemption (State effective 4/11/2019); Specifically, Idaho submitted a change to Construct program is designed to • IDAPA 58.01.01.222, Category II to IDAPA 58.01.01.404.04 to make clear regulate emissions from new and Exemption (State effective 4/11/2019); that a permittee must submit a complete modified industrial sources. The and application to the Idaho Department of • submitted revisions align the Idaho SIP IDAPA 58.01.01.404, Procedure for Environmental Quality for a renewal of pre-construction permit requirements Issuing Permits (State effective 4/11/ the terms and conditions establishing for sources of radionuclides with the 2019). the Tier II operating permit at least six pre-construction approval requirements The EPA is also proposing to approve months before, but no earlier than in the National Emissions Standards for Idaho’s request to remove the following eighteen months before, the expiration regulations from the Idaho SIP: Hazardous Air Pollutants at 40 CFR part • 61. Specifically, Idaho revised IDAPA date of the existing permit. The IDAPA 58.01.01.845, Rules for 58.01.01.221 and .222 to make clear that submitted revisions are intended to Control of Sulfur Oxide Emissions from a source must obtain an Idaho Permit to make sure the permit does not expire Sulfuric Acid Plants (State effective 5/ Construct if that source is required to before the terms and conditions are 1/1994); • IDAPA 58.01.01.846, Emission get approval to construct under the renewed. We propose to approve the changes. Limits (State effective 4/5/2000); Federal National Emissions Standards • IDAPA 58.01.01.847, Monitoring for Hazardous Air Pollutants (NESHAP) D. Sulfuric Acid Plants and Testing (State effective 5/1/1994); for radionuclides, set forth at 40 CFR There are two facilities in Idaho with and part 61, subpart H. Exemptions from • sulfuric acid plants, namely Itafos IDAPA 58.01.01.848, Compliance pre-construction approval are spelled Schedule (State effective 4/5/2000). out in the NESHAP and the redundant Conda and the JR Simplot Don Plant. exemption language in the Idaho Both are subject to the Federal IV. Incorporation by Reference Standards of Performance for Sulfuric regulations was removed. Idaho also In this document, the EPA is Acid Plants set forth at 40 CFR part 60 removed the reference to radionuclides proposing to include in a final rule, subpart H (NSPS subpart H). Idaho from the definition of ‘‘Significant’’ at regulatory text that includes IDAPA 58.01.01.006.108 because the requested to remove outdated state incorporation by reference. In NESHAP defines the applicability terms emission limits for sulfuric acid plant accordance with requirements of 1 CFR for the modification of sources of from the SIP because the NSPS subpart 51.5, the EPA is proposing to radionuclides. H limits are more stringent. Idaho incorporate by reference the provisions The radionuclide provisions in these compared the emission limit in NSPS described in Section III of this preamble. rule sections were approved into the subpart H (4 pounds of sulfur oxides per Also, in this document, the EPA is Idaho SIP because they serve to identify ton of acid produced) to the emission proposing to remove, in a final EPA which sources must obtain a Permit to limit in IDAPA 58.01.01.845 through rule, regulatory text that includes Construct. We propose to approve the .848 (28 pounds of sulfur oxides per ton incorporation by reference. In submitted changes because they are of acid produced). Idaho requested to accordance with requirements of 1 CFR applicability provisions designed to remove the Idaho SIP emission limit 51.5, the EPA is proposing to remove remove confusion and improve program because it is less stringent than the the incorporation by reference of IDAPA implementation. We are approving the NSPS subpart H limit. Idaho also noted 58.01.01.845 through .848 as described revisions to the Permit to Construct any new sulfuric acid plant seeking to in Section III of this preamble. The EPA construct in Idaho would also be subject has made, and will continue to make, 3 Testing Regulations for Air Emission Sources, to NSPS subpart H and therefore the these documents generally available final rule published November 14, 2018 (83 FR requirements in IDAPA 58.01.01.845 through https://www.regulations.gov 56713). through .848 are unnecessary. and at the EPA Region 10 Office (please 4 Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment We have reviewed Idaho’s request and contact the person identified in the FOR Area State Implementation Plan Requirements final agree that the emission limit in the FURTHER INFORMATION CONTACT section of rule published December 6, 2018 (83 FR 62998). NSPS subpart H is more stringent than this preamble for more information). 5 Emissions Monitoring Provisions in State the emission limit in the Idaho SIP and Implementation Plans Required Under the NOX SIP that the NSPS subpart H applies to V. Statutory and Executive Order Call, final rule published March 8, 2019 (84 FR Reviews 8422). existing and new sources in Idaho. 6 Idaho SIP codified at 40 CFR part 52, subpart Therefore, we propose to approve the Under the Clean Air Act, the N. State’s request to remove IDAPA Administrator is required to approve a

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56198 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

SIP submission that complies with the country, the rule does not have tribal www.regulations.gov/, including any provisions of the Clean Air Act and implications as specified by Executive personal information provided. For applicable Federal regulations. 42 Order 13175 (65 FR 67249, November 9, detailed instructions on sending U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 2000). comments and additional information in reviewing SIP submissions, the EPA’s on the rulemaking process, see the List of Subjects in 40 CFR Part 52 role is to approve State choices, ‘‘Written Comments’’ heading of the provided that they meet the criteria of Environmental protection, Air SUPPLEMENTARY INFORMATION section of the Clean Air Act. Accordingly, this pollution control, Incorporation by this document. proposed action merely approves State reference, Intergovernmental relations, FOR FURTHER INFORMATION CONTACT: law as meeting Federal requirements Ozone, Particulate matter, Reporting William Stone, Environmental and does not impose additional and recordkeeping requirements, Sulfur Protection Agency, Region 7 Office, Air requirements beyond those imposed by oxides, Volatile organic compounds. Quality Planning Branch, 11201 Renner State law. For that reason, this proposed Authority: 42 U.S.C. 7401 et seq. Boulevard, Lenexa, Kansas 66219; action: Dated: August 24, 2020. telephone number (913) 551–7714; • Is not a ‘‘significant regulatory Christopher Hladick, email address [email protected]. action’’ subject to review by the Office SUPPLEMENTARY INFORMATION: Regional Administrator, Region 10. of Management and Budget under Throughout this document ‘‘we,’’ ‘‘us,’’ [FR Doc. 2020–18972 Filed 9–10–20; 8:45 am] Executive Orders 12866 (58 FR 51735, and ‘‘our’’ refer to the EPA. A technical October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P support document (TSD) is included in January 21, 2011); this proposed rulemaking docket. • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory ENVIRONMENTAL PROTECTION Table of Contents AGENCY action because SIP approvals are I. Written Comments exempted under Executive Order 12866; 40 CFR Part 52 II. What is being addressed in this document? • Does not impose an information III. Have the requirements for approval of a collection burden under the provisions [EPA–R07–OAR–2020–0422; FRL–10013– SIP revision been met? of the Paperwork Reduction Act (44 71–Region 7] IV. What action is EPA taking? U.S.C. 3501 et seq.); V. Statutory and Executive Order Reviews • Air Plan Approval; Kansas; Is certified as not having a I. Written Comments significant economic impact on a Infrastructure State Implementation substantial number of small entities Plan Requirements for the 2015 Ozone Submit your comments, identified by under the Regulatory Flexibility Act (5 National Ambient Air Quality Standard Docket ID No. EPA–R07–OAR–2020– U.S.C. 601 et seq.); 0422, at https://www.regulations.gov. AGENCY: Environmental Protection • Does not contain any unfunded Once submitted, comments cannot be Agency (EPA). mandate or significantly or uniquely edited or removed from Regulations.gov. affect small governments, as described ACTION: Proposed rule. The EPA may publish any comment received to its public docket. Do not in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection submit electronically any information of 1995 (Pub. L. 104–4); Agency (EPA) is proposing to approve • Does not have federalism you consider to be Confidential certain elements of a State Business Information (CBI) or other implications as specified in Executive Implementation Plan (SIP) submission Order 13132 (64 FR 43255, August 10, information whose disclosure is from the State of Kansas addressing the restricted by statute. Multimedia 1999); applicable requirements of section 110 • Is not an economically significant submissions (audio, video, etc.) must be of the Clean Air Act (CAA) for the 2015 regulatory action based on health or accompanied by a written comment. Ozone (O ) National Ambient Air safety risks subject to Executive Order 3 The written comment is considered the Quality Standard (NAAQS). Section 110 13045 (62 FR 19885, April 23, 1997); official comment and should include • Is not a significant regulatory action requires that each state adopt and discussion of all points you wish to subject to Executive Order 13211 (66 FR submit a SIP revision to support the make. The EPA will generally not 28355, May 22, 2001); implementation, maintenance, and consider comments or comment • Is not subject to requirements of enforcement of each new or revised contents located outside of the primary Section 12(d) of the National NAAQS promulgated by the EPA. These submission (i.e., on the web, cloud, or Technology Transfer and Advancement SIPs are commonly referred to as other file sharing system). For Act of 1995 (15 U.S.C. 272 note) because ‘‘infrastructure’’ SIPs. The infrastructure additional submission methods, the full application of the requirements would requirements are designed to ensure that EPA public comment policy, be inconsistent with the Clean Air Act; the structural components of each information about CBI or multimedia and state’s air quality management program submissions, and general guidance on • Does not provide the EPA with the are adequate to meet the state’s making effective comments, please visit discretionary authority to address, as responsibilities under the CAA. https://www.epa.gov/dockets/ appropriate, disproportionate human DATES: Comments must be received on commenting-epa-dockets. health or environmental effects, using or before October 13, 2020. practicable and legally permissible ADDRESSES: You may send comments, II. What is being addressed in this methods, under Executive Order 12898 identified by Docket ID No. EPA–R07– document? (59 FR 7629, February 16, 1994). OAR–2020–0422 to https:// The EPA is proposing to approve the In addition, this proposed action does www.regulations.gov. Follow the online infrastructure SIP submission received not apply on any Indian reservation instructions for submitting comments. from the state on April 11, 2019, and land or in any other area in Idaho where Instructions: All submissions received supplemented by letter dated February the EPA or an Indian tribe has must include the Docket ID No. for this 6, 2020, in accordance with section demonstrated that a tribe has rulemaking. Comments received will be 110(a)(1) of the CAA. Specifically, the jurisdiction. In those areas of Indian posted without change to https:// EPA is proposing to approve the

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56199

following infrastructure elements of 51.102. The submission also satisfied of the Paperwork Reduction Act (44 section 110(a)(2) of the CAA: (A) the completeness criteria of 40 CFR part U.S.C. 3501 et seq.); through (C), (D)(i)(II)—prevent 51, appendix V. The state provided a • Is certified as not having a significant deterioration of air quality public comment period for this SIP significant economic impact on a (prong 3) and protection of visibility revision from August 23, 2018 to substantial number of small entities (prong 4), (D)(ii), (E) through (H), and (J) September 24, 2018, and received no under the Regulatory Flexibility Act (5 through (M). Elements of section comments. In addition, as explained in U.S.C. 601 et seq.); 110(a)(2)(D)(i)(I)—significant more detail in the technical support • Does not contain any unfunded contribution to nonattainment (prong 1) document which is part of this docket, mandate or significantly or uniquely and interfering with maintenance of the the revision meets the substantive SIP affect small governments, as described NAAQS (prong 2) will be addressed in requirements of the CAA, including in the Unfunded Mandates Reform Act a separate action. section 110 and implementing of 1995 (Pub. L. 104–4); Section 110(a)(2)(I) was also not regulations. • Does not have federalism addressed in the submission, however, implications as specified in Executive the EPA does not expect infrastructure IV. What action is EPA taking? Order 13132 (64 FR 43255, August 10, SIP submissions to address element (I). The EPA is proposing to approve 1999); Section 110(a)(2)(I) requires states to elements of the September 27, 2018, • meet the applicable SIP requirements of submission addressing the Is not an economically significant regulatory action based on health or part D of the CAA relating to designated infrastructure elements for the 2015 O3 nonattainment areas. The specific part D NAAQS. Specifically, the EPA is safety risks subject to Executive Order submissions for designated proposing to approve the following 13045 (62 FR 19885, April 23, 1997); • nonattainment areas are subject to infrastructure elements of section Is not a significant regulatory action different submission schedules than 110(a)(2): (A) through (C), (D)(i)(II) subject to Executive Order 13211 (66 FR those for section 110 infrastructure prong 3 and prong 4, (D)(ii), (E) through 28355, May 22, 2001); elements. The EPA will act on part D (H), (J) through (M). The EPA is not • Is not subject to requirements of the attainment plan SIP submissions acting on the elements of section National Technology Transfer and through a separate rulemaking governed 110(a)(2)(D)(i)(I)—prong 1 and prong 2 Advancement Act (NTTA) because this by the requirements for nonattainment because those elements were not rulemaking does not involve technical areas, as described in part D. addressed in the submission. Section standards; and A TSD is included as part of the 110(a)(2)(I) was not addressed in the • Does not provide EPA with the docket to discuss the details of this submission and the EPA would not discretionary authority to address, as proposed action, including an analysis expect it to be. The EPA’s analysis of the appropriate, disproportionate human of how the SIP meets the applicable 110 submission is addressed in a TSD which health or environmental effects, using requirements for infrastructure SIPs. is part of this docket. practicable and legally permissible Included in the TSD is the EPA’s We are processing this as a proposed methods, under Executive Order 12898 analysis concerning Kansas’ authority to action because we are soliciting (59 FR 7629, February 16, 1994). conduct modeling in accordance with comments on this proposed action. The SIP is not approved to apply on the EPA’s ‘‘Revisions to the Guideline Final rulemaking will occur after any Indian reservation land or in any on Air Quality Models: Enhancements consideration of any comments. other area where EPA or an Indian tribe to the AERMOD Dispersion Modeling has demonstrated that a tribe has System and Incorporation of V. Statutory and Executive Order Reviews jurisdiction. In those areas of Indian Approaches To Address Ozone and Fine country, the rule does not have tribal Particulate Matter’’ (also referred to as Under the Clean Air Act (CAA), the implications and will not impose the 2017 Guideline).1 82 FR 5182. While Administrator is required to approve a substantial direct costs on tribal Kansas has not yet formally adopted the SIP submission that complies with the governments or preempt tribal law as 2017 Guideline into its regulations, provisions of the Act and applicable specified by Executive Order 13175 (65 Kansas states that it has the authority to Federal regulations. 42 U.S.C. 7410(k); FR 67249, November 9, 2000). integrate the requirements and 40 CFR 52.02(a). Thus, in reviewing SIP recommendations of the 2017 Guideline submissions, EPA’s role is to approve List of Subjects in 40 CFR Part 52 in its regulatory processes. As detailed state choices, provided that they meet Environmental protection, Air in the TSD, the EPA proposes to find the criteria of the CAA. Accordingly, pollution control, Incorporation by that Kansas’ April 11, 2019 submission, this action merely approves state law as reference, Infrastructure, supplemented by letter dated February meeting Federal requirements and does Intergovernmental relations, Ozone. 6, 2020, satisfies the PSD-related not impose additional requirements Dated: August 11, 2020. requirements of CAA sections beyond those imposed by state law. For 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), that reason, this action: James Gulliford, and 110(a)(2)(J), and modeling • Is not a significant regulatory action Regional Administrator, Region 7. requirements related to CAA section subject to review by the Office of For the reasons stated in the 110(a)(2)(K). Management and Budget under preamble, the EPA proposes to amend III. Have the requirements for approval Executive Orders 12866 (58 FR 51735, 40 CFR part 52 as set forth below: of a SIP revision been met? October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); PART 52—APPROVAL AND The state submission has met the • Is not an Executive Order 13771 (82 PROMULGATION OF public notice requirements for SIP FR 9339, February 2, 2017) regulatory IMPLEMENTATION PLANS submissions in accordance with 40 CFR action because SIP approvals are ■ 1. The authority citation for part 52 1 exempted under Executive Order 12866. EPA’s Guideline on Air Quality Models is • continues to read as follows: codified at 40 CFR part 51, appendix W and is Does not impose an information generically referred to as Guideline herein. collection burden under the provisions Authority: 42 U.S.C. 7401 et seq.

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56200 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Subpart—R Kansas § 52.870 Identification of Plan. * * * * * ■ 2. In § 52.870, paragraph (e), the table is amended by adding the entry ‘‘(45)’’ (e) * * * in numerical order to read as follows:

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

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

******* (45)Section 110(a)(2) Infra- Statewide ...... 9/27/18 [Date of publication of the [EPA–R07–OAR–2020–0422; FRL–10013– structure Requirements for final rule in the Federal 71–Region 7]. This action proposes to ap- the 2015 O3 NAAQS. Register], [Federal Reg- prove the following CAA elements: ister citation of the final 110(a)(2)(A), (B), (C), (D)(i)(II)—prongs 3 rule]. and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). 110(a)(2)(D)(i)(I)—prongs 1 and 2 were not included in the submis- sion. 110(a)(2)(I) is not applicable.

[FR Doc. 2020–17989 Filed 9–10–20; 8:45 am] public docket. Do not submit A. Why are revisions to state programs BILLING CODE 6560–50–P electronically any information you necessary? consider to be Confidential Business States that have received final Information (CBI) or other information authorization from the EPA under RCRA ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. AGENCY section 3006(b), 42 U.S.C. 6926(b), must Multimedia submissions (audio, video, maintain a hazardous waste program 40 CFR Part 271 etc.) must be accompanied by a written that is equivalent to, consistent with, comment. The written comment is and no less stringent than the Federal [EPA–R04–RCRA–2020–0402; FRL–10013– considered the official comment and program. As the Federal program 63–Region 4] should include discussion of all points changes, states must change their South Carolina: Proposed you wish to make. The EPA will programs and ask the EPA to authorize Authorization of State Hazardous generally not consider comments or the changes. Changes to state programs Waste Management Program comment contents located outside of the may be necessary when Federal or state Revisions primary submission (i.e., on the web, statutory or regulatory authority is cloud, or other file sharing system). For modified or when certain other changes AGENCY: Environmental Protection additional submission methods, the full occur. Most commonly, states must Agency (EPA). EPA public comment policy, change their programs because of ACTION: Proposed rule. information about CBI or multimedia changes to the EPA’s regulations in 40 submissions, and general guidance on Code of Federal Regulations (CFR) parts SUMMARY: South Carolina has applied to 124, 260 through 268, 270, 273, and 279. the Environmental Protection Agency making effective comments, please visit http://www2.epa.gov/dockets/ New Federal requirements and (EPA) for final authorization of changes prohibitions imposed by Federal commenting-epa-dockets. The EPA to its hazardous waste program under regulations that the EPA promulgates encourages electronic submittals, but if the Resource Conservation and pursuant to the Hazardous and Solid Recovery Act (RCRA), as amended. The you are unable to submit electronically Waste Amendments of 1984 (HSWA) EPA has reviewed South Carolina’s or need other assistance, please contact take effect in authorized states at the application and has determined, subject Leah Davis, the contact listed in the FOR same time that they take effect in to public comment, that these changes FURTHER INFORMATION CONTACT provision unauthorized states. Thus, the EPA will satisfy all requirements needed to below. Please also contact Leah Davis if implement those requirements and qualify for final authorization. you need assistance in a language other prohibitions in South Carolina, Therefore, we are proposing to authorize than English or if you are a person with including the issuance of new permits the State’s changes. The EPA seeks disabilities who needs a reasonable implementing those requirements, until public comment prior to taking final accommodation at no cost to you. the State is granted authorization to do action. FOR FURTHER INFORMATION CONTACT: so. DATES: Comments must be received on or before October 13, 2020. Leah Davis, RCRA Programs and B. What decisions has the EPA made in Cleanup Branch, LCR Division, U.S. ADDRESSES: Submit your comments, this proposed rule? identified by Docket ID No. EPA–R04– Environmental Protection Agency, South Carolina submitted a final RCRA–2020–0402, at https:// Atlanta Federal Center, 61 Forsyth complete program revision application, www.regulations.gov. Follow the online Street SW, Atlanta, Georgia 30303–8960; dated April 8, 2020, seeking instructions for submitting comments. telephone number: (404) 562–8562; fax authorization of changes to its Once submitted, comments cannot be number: (404) 562–9964; email address: hazardous waste program that edited or removed from [email protected]. correspond to certain Federal rules www.regulations.gov. The EPA may SUPPLEMENTARY INFORMATION: promulgated between July 1, 2003 and publish any comment received to its June 30, 2018 (including RCRA

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56201

Clusters 1 XIV through XXVI). The EPA • Conduct inspections, and require effective November 7, 1988 (53 FR concludes that South Carolina’s monitoring, tests, analyses, and reports; 34758); February 10, 1993, effective application to revise its authorized • Enforce RCRA requirements, April 12, 1993 (58 FR 7865); November program meets all of the statutory and including authorized State program 29, 1994, effective January 30, 1995 (59 regulatory requirements established requirements, and suspend or revoke FR 60901); April 26, 1996, effective June under RCRA, as set forth in RCRA permits; and 25, 1996 (61 FR 18502); October 4, 2000, section 3006(b), 42 U.S.C. 6926(b), and • Take enforcement actions regardless effective December 4, 2000 (65 FR 40 CFR part 271. Therefore, the EPA of whether the State has taken its own 59135); August 21, 2001, effective proposes to grant South Carolina final actions. October 22, 2001 (66 FR 43798); authorization to operate its hazardous This action will not impose additional September 2, 2003, effective November waste program with the changes requirements on the regulated 3, 2003 (68 FR 52113); February 9, 2005, described in the authorization community because the regulations for effective April 11, 2005 (70 FR 6765); application, and as outlined below in which the EPA is proposing to authorize and March 28, 2005, effective May 27, Section F of this document. South Carolina are already effective 2005 (70 FR 15594). under State law, and are not changed by South Carolina has responsibility for today’s proposed action. F. What changes is the EPA proposing permitting treatment, storage, and with today’s action? disposal facilities within its borders D. What happens if the EPA receives (except in Indian country, as defined at comments that oppose this action? South Carolina submitted a final 18 U.S.C. 1151) and for carrying out the The EPA will evaluate any comments complete program revision application, aspects of the RCRA program described received on this proposed action and dated April 8, 2020, seeking in its program revision application, will make a final decision on approval authorization of changes to its subject to the limitations of HSWA, as or disapproval of South Carolina’s hazardous waste management program discussed above. proposed authorization. Our decision in accordance with 40 CFR 271.21. This will be published in the Federal application included changes associated C. What is the effect of this proposed 2 authorization decision? Register. You may not have another with Checklists 205 through 207, 209, opportunity to comment. If you want to 211 through 215, 217 through 218, 220, If South Carolina is authorized for the comment on this authorization, you 222 through 223, 226 through 229, 231 changes described in South Carolina’s must do so at this time. through 234, and 236 through 239. The authorization application, these changes EPA proposes to determine, subject to will become part of the authorized State E. What has South Carolina previously receipt of written comments that oppose hazardous waste program, and will been authorized for? this action, that South Carolina’s therefore be federally enforceable. South South Carolina initially received final hazardous waste program revisions are Carolina will continue to have primary authorization on November 8, 1985, equivalent to, consistent with, and no enforcement authority and effective November 22, 1985 (50 FR less stringent than the Federal program, responsibility for its State hazardous 46437) to implement the RCRA and therefore satisfy all of the waste program. The EPA would hazardous waste management program. requirements necessary to qualify for maintain its authorities under RCRA The EPA granted authorization for final authorization. Therefore, the EPA sections 3007, 3008, 3013, and 7003, changes to South Carolina’s program on is proposing to authorize South Carolina including its authority to: the following dates: September 8, 1988, for the following program changes: 3

Federal Register date 1 Description of Federal requirement and page Analogous state authority

Checklist 205, NESHAP: Surface Coating of Auto- 69 FR 22601, 4/26/04 ...... R.61–79.264.1050(h) and R.61–79.265.1050(g). mobiles and Light-Duty Trucks. Checklist 206 and 206.1, Nonwastewaters from Dyes 70 FR 9138, 2/24/05; 70 R.61–79.261.4(b)(15) and (b)(15)(i)–(v); R.61–79.261.32(a)–(d) and (d)(1)–(5); and Pigments. FR 35032, 6/16/05. R.61–79.261 Appendices VII & VIII; R.61–79.268.20(a)–(c); R.61–79.268.40 Treatment Standards Table; R.61–79.268.48 Universal Treatment Standards Table. Checklist 207 and 207.1, Uniform Hazardous Waste 70 FR 10776, 3/4/05; 70 R.61–79.260.10; R.61–79.261.7(b)(1)(iii)(A)–(B); R.61–79.262.20(a)(1)–(2); Manifest Rule 2. FR 35034, 6/16/05. R.61–79.262.21(a)–(m) and (m)(1)–(2), except 262.21(f)(4); R.61– 79.262.27(a)–(b); R.61–79.262.32(b) and (b)(1)–(5); R.61–79.262.33; R.61– 79.263.20(a)(1)–(3) and (g)(1)–(4); R.61–79.263.21(b)(1)–(2) and (b)(2)(i)–(ii); R.61–79.264.70(a)–(b); R.61–79.264.71(a)(1)–(3), (b)(4), and (e); R.61– 79.264.72(a)–(g); R.61–79.264.76(a)–(b) [(b) reserved]; R.61–79.265.70(a)– (b); R.61–79.265.71(a)(1)–(3), (b)(4), and (e); R.61–79.265.72(a)–(g); R.61– 79.265.76(a)–(b) [(b) now reserved]. Checklist 209, Universal Waste Rule: Specific Provi- 70 FR 45508, 8/5/05 ...... R.61–79.260.10; R.61–79.261.9(c); R.61–79.264.1(g)(11)(iii); R.61– sions for Mercury Containing Equipment. 79.265.1(c)(14)(iii); R.61–79.268.1(f)(3); R.61–79.270.1(c)(2)(viii)(C); R.61– 79.273.1(a)(3); R.61–79.273.4(a)–(c) and (c)(1)–(2); R.61–79.273.9; R.61– 79.273.13(c)(1)–(4) and (c)(4)(i)–(iii); R.61–79.273.14(d)(1)–(2); R.61– 79.273.32(b)(4)–(5); R.61–79.273.33(c)(1)–(4) and (c)(4)(i)–(iii); R.61– 79.273.34(d)(1)–(2). Checklist 211, Revision of Wastewater Treatment Ex- 70 FR 57769, 10/4/05 ...... R.61–79.261.3(a)(2)(iv)(A)–(B), (D), and (F)–(G). emptions for Hazardous Waste Mixtures (‘‘Headworks exemptions’’).

1 A ‘‘cluster’’ is a grouping of hazardous waste 2 A ‘‘checklist’’ is developed by the EPA for each 3 Although submitted for authorization, the EPA rules that the EPA promulgates from July 1st of one Federal rule amending the RCRA regulations. The is not including Checklists 212 or 217 in the year to June 30th of the following year. checklists document the changes made by each authorization of South Carolina’s program at this Federal rule and are presented and numbered in time. chronological order by date of promulgation.

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56202 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Federal Register date 1 Description of Federal requirement and page Analogous state authority

Checklist 213, Burden Reduction Initiative 3 ...... 71 FR 16862, 4/4/06 ...... R.61–79.260.31(b)(2)–(7); R.61–79.261.4(a)(9)(iii)(E) and (f)(9); R.61– 79.264.15(b)(4); R.61–79.264.16(a)(4); R.61–79.264.52(b); R.61–79.264.56(i); R.61–79.264.73(b), (b)(1)–(2), (b)(6), (b)(8), (b)(10), and (b)(18)–(19); R.61– 79.264.98(d) and (g)(2)–(3); R.61–79.264.99(f)–(g); R.61–79.264.100(g); R.61–79.264.113(e)(5); R.61–79.264.115; R.61–79.264.120; R.61– 79.264.143(i); R.61–79.264.145(i); R.61–79.264.147(e); R.61–79.264.191(a) and (b)(5)(ii); R.61–79.264.192(a) and (b); R.61–79.264.193(a)(1)–(2) and (i)(2); R.61–79.264.195(b)–(d) and (f)–(h); R.61–79.264.196(f); R.61– 79.264.251(c); R.61–79.264.280(b); R.61–79.264.314(a)–(e) and (e)(1)–(2); R.61–79.264.343(a)(2); R.61–79.264.347(d); R.61–79.264.554(c)(2); R.61– 79.264.571(a)–(c); R.61–79.264.573(a)(4)(ii) and (g); R.61–79.264.574(a); R.61–79.264.1061(b)(1)–(2) and (d) [(d) removed]; R.61–79.264.1062(a); R.61–79.264.1100; R.61–79.264.1101(c)(2) and (c)(4); R.61–79.265.15(b)(4); R.61–79.265.16(a)(4); R.61–79.265.52(b); R.61–79.265.56(i); R.61– 79.265.73(b), (b)(1)–(2), (b)(6)–(8), and (b)(15); R.61–79.265.90(d)(1) and (d)(3); R.61–79.265.93(d)(2) and (d)(5); R.61–79.265.113(e)(5); R.61– 79.265.115; R.61–79.265.120; R.61–79.265.143(h); R.61–79.265.145(h); R.61–79.265.147(e); R.61–79.265.174; R.61–79.265.191(a) and (b)(5)(ii); R.61–79.265.192(a) and (b); R.61–R.79.265.193(a)(1)–(2) and (i)(2); R.61– 79.265.195(a)–(c) and (e)–(g); R.61–79.265.196(f); R.61–79.265.221(a); R.61–79.265.224(a); R.61–79.265.259(a); R.61–79.265.280(e); R.61– 79.265.301(a); R.61–79.265.303(a); R.61–79.265.314(a)–(f) and (f)(1)–(2); R.61–79.265.441(a)–(c); R.61–79.265.443(a)(4)(ii) and (g); R.61– 79.265.444(a); R.61–79.265.1061(b)(1)–(2); R.61–79.265.1061(d); R.61– 79.265.1062(a); R.61–79.265.1100; R.61–79.265.1101(c)(2) and (c)(4); R.61– 79.266.102(e)(10); R.61–79.266.103(d) and (k); R.61–79.268.7(a)(1)(2) and (b)(6); R.61–79.268.9(a) and (d); R.61–79.270.14(a); R.61–79.270.16(a); R.61–79.270.26(c)(15); R.61–79.270.42, Appendix I, Item O.

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56203

Federal Register date 1 Description of Federal requirement and page Analogous state authority

Checklist 214, Corrections to Errors in the Code of 71 FR 40254, 7/14/06 ...... R.61–79.260.10; R.61–79.260.22(a)(1) and (d)(1)(ii); R.61–79.260.40(a); R.61– Federal Regulations 45. 79.260.41; R.61–79.261.2(c)(1)(i); R.61–79.261.3(a)(2)(i); R.61– 79.261.4(a)(20)(v), (b)(6)(i)(B), (b)(6)(ii), (b)(6)(ii)(D), (b)(6)(ii)(F), (b)(9), (e)(2)(vi), and (e)(3)(i); R.61–79.261.6(a)(2)(i)–(iv) and (c)(2); R.61– 79.261.21(a)(3)–(4), (a)(4)(i), (a)(4)(i)(A)–(D), and Notes 1–4; R.61– 79.261.24(b); R.61–79.261.31(a) Table; R.61–79.261.32 Table (Entries K107 and K069); R.61–79.261.33(e), (e) Comment, (e) Table, (f), (f) Comment, and (f) Table; R.61–79.261 Appendices VII & VIII; R.61–79.262.70; R.61– 79.262.82(a)(1)(ii); R.61–79.262.83(b)(1)(i) and (b)(2)(ii); R.61– 79.262.84(e);R.61–79.264.1(g)(2); R.61–79.264.4; R.61– 79.264.13(b)(7)(iii)(B); R.61–79.264.17(b); R.61–79.264.18(a)(2)(iii) and (b)(2)(iii); R.61–79.264.97(a)(1), (a)(1)(i), and (i)(5); R.61–79.264.98(a)(2) and (g)(4)(i); R.61–79.264.99(h)(2); R.61–79.264.101(d); R.61–79.264.111(c); R.61–79.264.112(b)(8); R.61–79.264.115; R.61–79.264.116; R.61– 79.264.118(c); R.61–79.264.119(b)(1)(ii); R.61–79.264.140(d)(1); R.61– 79.264.142(b)(2); R.61–79.264.143(b)(7), (b)(8), and (e)(5); R.61– 79.264.145(d)(6) and (f)(11); R.61–79.264.147(h)(1); R.61–79.264.151(b), (f), (g), (h)(2), (i), (j), (k), (l), (m)(1), and (n)(1); R.61–79.264.175(b)(1); R.61– 79.264.193(c)(4) Note, (d)(4), (e)(2)(ii)–(iii), (e)(2)(v)(A)–(B), (e)(3)(i)–(ii), (g)(1)(iii)–(iv), and (g)(2)(i)(A); R.61–79.264.221(c)(1)(i)(B), (c)(2)(ii), (e)(1), and (e)(2)(i)(B)–(C); R.61–79.264.223(b)(1); R.61–79.264.226(a)(2); R.61– 79.264.251(a)(2)(i)(A); R.61–79.264.252(a)–(b); R.61–79.264.259(b); R.61– 79.264.280(c)(7) and (d); R.61–79.264.283(a); R.61–79.264.301(c)(2) and (e)(2)(i)(B); R.61–79.264.302(a)–(b); R.61–79.264.304(b)(1); R.61– 79.264.314(e)(2); R.61–79.264.317(a); R.61–79.264.344(b); R.61– 79.264.552(e)(4)(iii), (e)(4)(iv)(F), and (e)(6)(iii)(E); R.61–79.264.553(e); R.61– 79.264.554(a); R.61–79.264.555(e)(6); R.61–79.264.573(a)(1), (a)(4)(i), (a)(5), (b), and (m)(2)–(3); R.61–79.264.600; R.61–79.264.601(a), (b)(11), and (c)(4); R.61–79.264.1030(c); R.61–79.264.1033(f)(2)(vii)(B); R.61–79.264.1034(b)(2); R.61–79.264.1035(c)(4)(i)–(ii); R.61–79.264.1050(f); R.61–79.264.1058(c)(1); R.61–79.264.1064(c)(3); R.61–79.264.1080(a) and (c); R.61–79.264.1090(c); R.61–79.264.1101(b)(3)(iii), (c)(3), (c)(3)(i), and (d); R.61–79.264.1102(a); R.61–79.264 Appendix I, Tables 1 and 2; R.61–79.265.1(c)(6); R.61– 79.265.12(a)(1); R.61–79.265.14(b)(1); R.61–79.265.16(b); R.61– 79.265.19(c)(2); R.61–79.265.56(b); R.61–79.265.90(d); R.61– 79.265.110(b)(4); R.61–79.265.111(c); R.61–79.265.112(b)(5) and (d)(4); R.61–79.265.113(b) and (e)(4); R.61–79.265.117(b); R.61– 79.265.119(b)(1)(ii); R.61–79.265.140(b) and (b)(2); R.61–79.265.142(a); R.61–79.265.145(e)(11); R.61–79.265.147(a)(1)(i) and (b)(1)(i)–(ii); R.61– 79.265.174; R.61–79.265.193(e)(2)(v)(A)–(B) and (i)(2); R.61– 79.265.194(b)(1)–(2); R.61–79.265.197(b); R.61–79.265.221(a) and (d)(2)(i)(A)–(B); R.61–79.265.224(b)(1); R.61–79.265.228(a)(2)(iii)(D) and (b)(2); R.61–79.265.229(b)(2) and (b)(3); R.61–79.265.255(b); R.61– 79.265.259(b)(1); R.61–79.265.280(a)(4); R.61–79.265.281(a)(1); R.61– 79.265.301(a), (d)(1), and (d)(2)(i)(B); R.61–79.265.302(b); R.61– 79.265.303(b)(1); R.61–79.265.312(a)(1); R.61–79.265.314(e)(1)(ii) and (f)(2); R.61–79.265.316(c)–(d); R.61–79.265.405(a)(1); R.61–79.265.441(c); R.61– 79.265.443(a)(4)(i) and (b); R.61–79.265.445(b); R.61–79.265.1033(f)(2)(ii); R.61–79.265.1035(b)(2), (b)(2)(i), and (c)(4)(i); R.61–79.265.1063(b)(4)(ii); R.61–79.265.1080(a); R.61–79.265.1085(h)(3); R.61–79.1087(b); R.61– 79.265.1090(f)(1); R.61–R.79.265.1100(d); R.61–79.265.1101(b)(3)(i)(B), (b)(3)(iii), (c)(3), and (d); R.61–79.265 Appendices I (Tables 1 and 2), V (Table), and VI; R.61–79.266.70(a); R.61–79.266.80(a) Table; R.61– 79.266.100(b)(2)(iv), (d)(3)(i)(A), and (g); R.61–79.266.102(a)(2)(iv), (e)(3)(i)(E), (e)(5)(i)(C), (e)(6)(ii)(B)(2), and (e)(8)(iii); R.61– 79.266.103(a)(4)(vii), (b)(2)(v)(B)(2), (b)(5)(ii)(A), (b)(6)(viii)(A), (c)(1)(i), (c)(1)(ii)(A)(2), (c)(1)(ix), (c)(1)(ix)(A), (c)(4)(iv)(C)(1), and (g)(1)(i); R.61– 79.266.106(d)(1); R.61–79.266.109(a)(2)(ii) and (b); R.61–79.266 Subpart N (heading); R.61–79.266 Appendices III–VI, VIII, IX and XIII; R.61–79.268.2(g); R.61–79.268.4(a)(3); R.61–79.268.6(c)(5); R.61–79.268.7(a)(1), (a)(3)(ii), (a)(4) Table, (b)(3)(ii) Table, (b)(4)(ii), (c)(2), (d), (d)(1)–(3); R.61–79.268.14(b) and (c); R.61–79.268.40(g) and Treatment Standards Table; R.61–79.268.42 Table 1; R.61–79.268.44(c); R.61–79.268.45 Table 1; R.61–79.268.48 Uni- versal Treatment Standards Table; R.61–79.268.49(d); R.61–79.268.50(c) and (g); R.61–79.268 Appendix VIII; R.61–79.270.1(a)(2) Table, (b), (c)(1)(iii), and (c)(3)(i); R.61–79.270.2; R.61–79.270.10(j); R.61–79.270.11(d)(1)–(2); R.61–79.270.13(k)(7); R.61–79.270.14(a), (b)(11)(ii)(B), (b)(19)(iii), and (b)(21); R.61–79.270.17(f); R.61–79.270.18(b) and (g); R.61–79.270.20(i)(2); R.61–79.270.26(c)(15); R.61–79.270.33(b); R.61–79.270.41(c); R.61– 79.270.42(d)(2)(i); R.61–79.270.70(a); R.61–79.270.72(b)(2); R.61–79.273.9; R.61–79.273.13(b); R.61–79.273.14(a); R.61–79.273.34(a). Checklist 215, Cathode Ray Tubes Rule ...... 71 FR 42928, 7/28/06 ...... R.61–79.260.10; R.61–79.261.4(a)(22)(i)–(iv); R.61–79.261.39 through 261.41(a)–(b). Checklist 218, F019 Exemption for Wastewater Treat- 73 FR 31756, 6/4/08 ...... R.61–79.261.31(a) Table (entry for F019); R.61–79.261.31(b)(4) and (b)(4)(i)– ment Sludges from Auto Manufacturing Zinc (ii). Phosphating Processes. Checklist 220, Academic Laboratories Generator 73 FR 72912, 12/1/08 ...... R.61–79.262.10(l) and (l)(1)–(2); Addition of 262 Subpart K (R.61–79.262.200 Standards 3. through R.61–79.262.216).

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56204 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Federal Register date 1 Description of Federal requirement and page Analogous state authority

Checklist 222, OECD Requirements; Export Ship- 75 FR 1236, 1/8/10 ...... R.61–79.262.10(d); R.61–79.262.80(a)–(b); R.61–79.262.81; R.61– ments of Spent Lead-Acid Batteries. 79.262.82(a)–(e); R.61–79.262.83(a)–(e); R.61–79.262.84(a)–(e); R.61– 79.263.10(d); R.61–79.264.12(a)(2); R.61–79.264.71(a)(3) and (d); R.61– 79.265.12(a)(2); R.61–79.265.71(a)(3) and (d); R.61–79.266.80(a) Table Sec- tions 6 and 7. Checklist 223, Hazardous Waste Technical Correc- 75 FR 12989, 3/18/10; 75 R.61–79.260.10; R.61–79.260 (Removal of Appendix); R.61–79.261.1(c)(10); tions and Clarifications. FR 31716, 6/4/10. R.61–79.261.2(c) Table 1; R.61–79.261.4(a)(17)(vi); R.61–79.261.6(a)(2), (a)(2)(ii), and (a)(3); R.61–79.261.7(b)(1) and (b)(3); R.61–79.261.23(a)(8); R.61–79.261.30(d); R.61–79.261.31(a) (listings for F037 and K107); R.61– 79.261.32(a) Table; R.61–79.261.33(f); R.61–79.261 Appendix VII; R.61– 79.262.23(f) and (f)(1)–(4); R.61–79.262.42(a)(1)–(2), (c), and (c)(1)–(2); R.61–79.264.52; R.61–79.264.56(d)(2); R.61–79.264.72(e)(6), (f)(1), and (f)(7)–(8); R.61–79.264.314(d); R.61–79.264.316(b); R.61– 79.264.552(a)(3)(ii)–(iv) and (e)(4)(iv)(F); R.61–79.265.52; R.61– 79.265.72(e)(6), (f)(1), and (f)(7)–(8); R.61–79.265.314(e), R.61– 79.265.316(b); R.61–79.266.20(b); R.61–79.268.40 Treatment Standards Table; R.61–79.268.48 Universal Treatment Standards Table; R.61– 79.270.4(a). Checklist 226, Academic Laboratories Generator 75 FR 79304, 12/20/10 .... R.61–79.262.200; R.61–79.262.206(b)(3)(i); R.61–79.262.212(e)(1); R.61– Standards Technical Corrections. 79.262.214(a)(1) and (b)(1). Checklist 227, Revision of the Land Disposal Treat- 76 FR 34147, 6/13/11 ...... R.61–79.268.40 Treatment Standards Table; R.61–79.268.48 Universal Treat- ment Standards for Carbamate Wastes. ment Standards Table. Checklist 228, Hazardous Waste Technical Correc- 77 FR 22229, 4/13/12 ...... R.61–79.261.32(a) (entry for K107); R.61–79.266.20(b). tions and Clarifications Rule. Checklist 229, Conditional Exclusions for Solvent 78 FR 46448, 7/31/13 ...... R.61–79.260.10; R.61–79.261.4(a)(26) and (a)(26)(i)–(vi); R.61–79.261.4(b)(18), Contaminated Wipes. (b)(18)(i)–(vi), and (b)(18)(vi)(A)–(B). Checklist 231, Hazardous Waste Electronic Manifest 79 FR 7518, 2/7/2014 ...... R.61–79.260.2(a)–(c) and(c)(1)–(2); R.61–79.260.10; R.61–79.260.20(a)(3) and Rule. (a)(3)(i)–(ii); R.61–79.262.24(a)–(f); R.61–79.262.25(a)–(b); R.61– 79.263.20(a)(1)–(7); R.61–79.263.25(a); R.61–79.264.71(a)(2), (a)(2)(i)–(vi), and (f)–(k); R.61–79.265.71(a)(2), (a)(2)(i)–(vi), and (f)–(k). Checklist 232, Revisions to the Export Provisions of 79 FR 36220, 6/26/14 ...... R.61–79.260.10; R.61–79.261.39(a)(5)(i)(F), (a)(5)(x)–(xi); R.61–79.261.41(a)– the Cathode Ray Tube (CRT) Rule 6. (b). Checklist 233, Revisions to the Definition of Solid 80 FR 1694, 1/13/15; 83 R.61–79.260.31(c) and (c)(1)–(5); R.61–79.260.33(c)–(e); R.61–79.260.42(a)– Waste, Response to Vacatur of Certain Provisions FR 24664, 5/30/18. (b). of the Definition of Solid Waste. Checklist 233A, Checklist A—Changes affecting all non-waste determinations and variances. Checklists 233B, Legitimacy-related provisions, in- ...... R.61–79.260.10; R.61–79.260.43(a)(1)–(3) and (b)–(c) [(c) reserved]; R.61– cluding prohibition of sham recycling, definition of 79.261.2 (b)(3)–(4) and (g). legitimacy, definition of contained 2. Checklist 233C, Speculative Accumulation ...... R.61–79.261.1(c)(8). Checklist 233D2, 2008 DSW exclusions and non- ...... R.61–79.260.10; R.61–79.260.30(b), (d)–(f) [(f) removed]; R.61–79.260.31(d) waste determinations, including revisions from 2015 [removed]; R.61–79.260.33(a); R.61–79.260.34(a)–(c) and (c)(1)–(5), exclud- DSW final rule and 2018 DSW final rule 2. ing (a)(1)–(3); R.61–79.261.1(c)(4); R.61–79.261.2(c)(3); R.61– 79.261.4(a)(23), including (a)(23)(i)–(ii)(F); R.61–79.261.4(a)(24), including (a)(24)(i)–(vii); R.61–79.261.4(a)(25), including (25)(i)–(xii); Addition of 261 Subpart H (R.61–79.261.140 through R.61–79.261.151 including Appendices [R.61–79.261.144 through R.61–79.261.146 reserved]) Addition and Reserva- tion of Subparts K–L; Addition of Subpart M (R.61–79.261.400; R.61– 79.261.410; R.61–79.261.411; R.61–79.261.420). Checklist 233E, Remanufacturing exclusion 2 ...... R.61–79.260.10; R.61–79.261.2(c)(3); R.61–79.261.4(a)(27), including (a)(27)(i)–(vi)(F); Addition of 261 Subpart I (R.61–79.261.170; R.61– 79.261.171; R.61–79.261.172; R.61–79.261.173; R.61–79.261.175; R.61– 79.261.176; R.61–79.261.177; R.61–79.261.179); Addition of 261 Subpart J (R.61–79.261.190 through R61–79.261.200 [261.192, 261.193(e), 261.195 re- served]; Addition of 261 Subpart AA (R.61–79.261.1030 through R.61– 79.261.1049 [261.1036 through 261.1049 reserved]); Addition of 261 Subpart BB (R.61–79.261.1050 through R.61–79.261.1079 [261.1065 through 261.1079 reserved]); Addition of 261 Subpart CC (R.61–79.261.1080 through R.61–79.261.1090 including Appendices [261.1080(b), 261.1083(b), 261.1086(b)(2), 261.1089(c), 261.1089(f)(2), 261.1085, and 261.1090 re- served]). Checklist 234, Response to Vacaturs of the Com- 80 FR 18777, 4/8/15 ...... R.61–79.260.10; R.61–79.261.4(a)(12)(i) and (a)(16) [(a)(16) reserved]; R.61– parable Fuels Rule and the Gasification Rule. 79.261.38 [reserved]. Checklist 236, Imports and Exports of Hazardous 81 FR 85696, 11/28/16; R.61–79.260.10; R.61–79.261.4(d)(1), (d)(4), (e)(1), and (e)(4); R.61– Waste 2. 82 FR 41015, 8/29/17; 79.261.6(a)(3)(i) and (a)(5); R.61–79.261.39(a)(5)(ii), (a)(5)(v)–(vi), (a)(5)(ix), 83 FR 38262, 8/6/2018. and (a)(5)(xi); R.61–79.262.10(d); R.61–79.262.18(g); R.61–79.262.41(c); Re- moval of 262 Subpart E (R.61–79.262.50 through R.61–79.262.58); Removal of 262 Subpart F (R.61–79.262.60); R.61–79.262.80(a)–(b); R.61–79.262.81; R.61–79.262.82(a)–(e) and (e)(1)–(2); R.61–79.262.83(a)–(i) and (i)(1)–(3); R.61–79.262.84(a)–(h) and (h)(1)–(4); R.61–79.262.85 [reserved]; R.61– 79.262.86 [reserved]; R.61–79.262.87 [reserved]; R.61–79.262.88 [reserved]; R.61–79.262.89 [reserved]; R.61–79.263.10(d); R.61–79.263.20(a)(2), (c), (e)(2), (f)(2), (g)(1)–(4), and (g)(4)(i)–(ii); R.61–79.264.12(a), (a)(1)–(4), and (a)(4)(i)–(ii); R.61–79.264.71(a)(3), (a)(3)(i)–(ii), and (d); R.61–79.265.12(a), (a)(1)–(4), and (a)(4)(i)–(ii); R.61–79.265.71(a)(3), (a)(3)(i)–(ii), and (d); R.61– 79.266.70(b) and (b)(1)–(3); R.61–79.266.80(a) Table Sections 6 through 10; R.61–79.273.20; R.61–79.273.39(a)–(b); R.61–79.273.40; R.61–79.273.56; R.61–79.273.62(a); R.61–79.273.70; R.61–79.273.70(a)–(c).

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56205

Federal Register date 1 Description of Federal requirement and page Analogous state authority

Checklist 237, Hazardous Waste Generator Improve- 81 FR 85732, 11/28/16 .... R.61–79.260.3; R.61–79.260.10; R.61–79.260.11(a)(10); R.61–79.261.1(a)(1) ments Rule 237. and (c)(6); R.61–79.261.4(a)(7); R.61–79.261.5 [reserved]; R.61– 79.261.6(c)(2)(iv); R.61–79.261.33(e) and (f); R.61–79.262.1; R.61– 79.262.10(a), (a)(1)–(3), (b), (d), (g)(1)–(2), (j) [reserved], (l), and (l)(1)–(2); R.61–79.262.11(a)–(g); R.61–79.262.13 through R.61–79.262.18(a)–(e); R.61–79.262.32(b)–(d); R.61–79.262.34 [reserved]; R.61–79.262.35; R.61– 79.262.40(c); R.61–79.262.41(a)–(c), except 262.41(b); R.61–79.262.43; R.61–79.262.44; R.61–79.262.200; 61–79.262.201(a)–(b); R.61– 79.262.202(a)–(b); R.61–79.262.203(a) and (b)(2); R.61–79.262.204(a); R.61– 79.262.206(b)(3)(ii); R.61–79.262.207(d)(2); R.61–79.262.208(a)(1)–(2), (d)(2), and (d)(2)(i)–(ii); R.61–79.262.209(b); R.61–79.262.210(a), (b)(3), and (d)(2); R.61–79.262.211(c), (d), and (e)(3); R.61–79.262.212(d); R.61– 79.262.213(a)(1)–(3) and (b)(2); R.61–79.262.214(b)(5); R.61–79.262.216(a)– (b); Addition of Subpart L (R.61–79.262.230 through R.61–79.262.233); Addi- tion of Subpart M (R.61–79.262.250 through R.61–79.262.256 and R.61– 79.262.260 through R.61–79.262.265); R.61–79.263.12(a)–(b) and (b)(1)–(2); R.61–79.264.1(g)(1) and (g)(3); R.61–79.264.15(b)(4) and removal of com- ment; R.61–79.264.71(c) and removal of comment; R.61–79.264.75; R.61– 79.264.170; R.61–79.264.174 and removal of comment; R.61–79.264.191(a); R.61–79.264.195(e) [reserved]; R.61–79.264.1030(b)(2); R.61– 79.264.1050(b)(3); R.61–79.264.1101(c)(4); R.61–79.265.1(c)(5) and (c)(7); R.61–79.265.15(b)(4) and (b)(5) (removed); R.61–79.265.71(c) and removal of comment); R.61–79.265.75; R.61–79.265.174 and removal of comment; R.61–79.265.195(d) [reserved]; R.61–79.265.201 [reserved]; R.61– 79.265.1030(b)(2)–(3); R.61–79.265.1050; R.61–79.265.1101(c)(4); R.61– 79.266.80(a) Table Sections 6 through 10; R.61–79.266.255(a); R.61– 79.268.1(e)(1); R.61–79.268.7(a)(5); R.61–79.268.50(a)(1), (a)(2)(i), and (a)(2)(i)(A)–(D); R.61–79.270.1(a)(3), (c)(2), (c)(2)(i), and (c)(2)(iii); R.61– 79.270.42(l) and Entries under O.1. in Appendix [reserved]; R.61– 79.273.8(a)(2); R.61–79.273.81(b). Checklist 238, Confidentiality Determinations for Haz- 82 FR 60894, 12/26/17 .... R.61–79.260.2(b) and (d)(1)–(2); R.61–79.261.39(a)(5)(iv); R.61–79.262.83(b)(5) ardous Waste Export and Import Documents 8. and (f)(9); R.61–79.262.84(b)(4) and (f)(8). Checklist 239, Hazardous Waste Electronic Manifest 83 FR 420, 1/3/18 ...... R. 61–79.260.4(a) and (a)(1)–(4); R.61–79.260.5(a)–(b) and (b)(1)–(2); R.61– User Fee Rule. 79.262.20(a)(1)–(2); R.61–79.262.21(f)(5)–(8); R.61–79.262.24(c), (c)(1), (c)(2) [reserved], (e), (g) [reserved], and (h); R.61–79.262 (removal of Appen- dix); R.61–79.263.20(a)(8) [reserved] and (9); R.61–79.263.21(a)–(c) and (c)(1)–(2); R.61–79.264.71(a)(2), (a)(2)(i)–(vi), (j), (j)(1)–(2), (l), and (l)(1)–(5); R.61–79.264.1086(c)(4)(i); R.61–79.264.1086(d)(4)(i); Addition of 264 Subpart FF (R.61–79.264.1300 and 1310–1316); R.61–79.265.71(a)(2), (a)(2)(i)–(vi), (j), (j)(1)–(2), (l), and (l)(1)–(5); R.61–79.265.1087(c)(4)(i) and (d)(4)(i); Addi- tion of 265 Subpart FF (R.61–79.265.1300 and 1310–1316). Notes 1 The South Carolina regulatory citations are from the South Carolina Hazardous Waste Management Regulations, S.C. Code Ann. Regs. 61–79.260–273, effective November 22, 2019, as amended June 26, 2020. 2 The following provisions have been excluded from this authorization because South Carolina does not have an equivalent corresponding provision or an error in the provision was deemed substantive: R.61–79.262.21(f)(4) (Checklist 207); R.61–79.261.2(a)(2)(ii) (Checklist 233B); R. 261.2(c)(4), Table 1 (Checklists 233D2 and 233E); R.61–79.270.42, Entries 9 and 10 in Section A (Appendix I) (Checklist 233D2); R.61–79.261.420(g) (Checklist 237); R.61–79.262.14(a)(5)(iii) (Checklist 237); R.61–79.262.41(b) (Checklist 237) (although South Carolina has a 262.41(b), it does not address the substantive provisions of the Federal 262.41(b). 3 South Carolina does not seek authorization for any provisions pertaining to the Performance Track Program (Checklists 213, 220, 237). 4 Corrections to R.61–107.279 are excluded from this authorization because South Carolina has not been previously authorized for R.61–107.279. 5 There are several errors contained in South Carolina’s table at 266.80(a), specifically in Sections 2, 3, and 4. South Carolina will be correcting these errors in a subsequent rulemaking. 6 The address for notification to EPA in Section 261.42(a)(2) has since been updated by the August 6, 2018 final rule at 83 FR 38262. 7 R.61–79.260.11(a)(10) is equivalent to 40 CFR 260.11(d)(1). 8 SC incorrectly cites R.61–79.260.2(d)(1) as R.61–79.260.2(d)1(1).

G. Where are the revised state rules • South Carolina is more stringent without written approval from the different from the Federal rules? than the Federal program at R.61– Department. 79.261.6(c)(2)(iv), R.61–79.262.41(a)–(b), Although the statute does not prevent When revised state rules differ from R.61–79.264.75, and R.61–79.265.75 by states from adopting regulations that are the Federal rules in the RCRA state requiring quarterly reporting rather than broader in scope than the Federal authorization process, the EPA biennial reporting. program, states cannot receive determines whether the state rules are authorization for such regulations, and • South Carolina is more stringent equivalent to, more stringent than, or they are not federally enforceable. South than the Federal program at R.61– broader in scope than the Federal Carolina is broader in scope than the 79.262.13(a)(1)(i)(B), R.61– Federal program at R.61–79.262.33 by program. Pursuant to RCRA section 79.262.13(a)(1)(ii)(B), R.61– 3009, 42 U.S.C. 6929, state programs requiring that a generator comply with 79.262.13(a)(1)(iii)(B), and R.61– placarding requirements in accordance may contain requirements that are more 79.262.12 by requiring generators (large stringent than the Federal regulations. with the applicable South Carolina quantity, small quantity, and very small Public Service Commission regulations, Such more stringent requirements can quantity) to notify the State when any be federally authorized and, once in addition to the placarding new hazardous waste is produced. requirements required by the U.S. authorized, become federally • South Carolina is more stringent Department of Transportation enforceable. than the Federal program at R.61– regulations in 49 CFR part 172. South The following South Carolina 79.262.16(b)(2)(iii)(C) by prohibiting Carolina is also broader in scope than provisions are more stringent than the generators from stacking hazardous the Federal program by not adopting the Federal program: waste containers more than two high conditional exclusion for carbon

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56206 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

dioxide streams in geologic implementing and issue permits for by State law, it does not contain any sequestration activities (Checklist 230) HSWA requirements for which South unfunded mandate or significantly or at 40 CFR 261.4(h). South Carolina’s Carolina is not yet authorized. The EPA uniquely affect small governments, as continued regulation of these waste has the authority to enforce State-issued described in the Unfunded Mandates streams is broader in scope than the permits after the State is authorized. Reform Act of 1995 (2 U.S.C. 1531– Federal program. I. How does today’s proposed action 1538). For the same reason, this action There are certain regulatory also does not significantly or uniquely provisions for which the states cannot affect Indian country in South Carolina? affect the communities of tribal be authorized to administer or governments, as specified by Executive implement. These provisions include South Carolina is not authorized to Order 13175 (65 FR 67249, November 9, the requirements associated with the carry out its hazardous waste program 2000). This action will not have Federal manifest registry system in Indian country within the State, substantial direct effects on the states, (Section 262.21) contained within the which includes the Indian lands on the relationship between the national Uniform Hazardous Waste Manifest associated with the Catawba Indian government and the states, or on the Rule (Checklist 207), as well as the Nation. Therefore, this proposed action distribution of power and operation of the national E-Manifest has no effect on Indian country. The responsibilities among the various system and the user fee provisions EPA retains jurisdiction over Indian levels of government, as specified in associated with the operation of such country and will continue to implement Executive Order 13132 (64 FR 43255, system contained in the Hazardous and administer the RCRA program on August 10, 1999), because it merely Waste Electronic Manifest Rule these lands. proposes to authorize State (Checklist 231) and the Hazardous J. What is codification and will the EPA requirements as part of the State RCRA Waste Electronic Manifest User Fee Rule codify South Carolina’s hazardous hazardous waste program without (Checklist 239). Although South waste program as proposed in this rule? altering the relationship or the Carolina has adopted these regulations distribution of power and to maintain its equivalency with the Codification is the process of placing citations and references to the State’s responsibilities established by RCRA. Federal program, it has appropriately This action also is not subject to maintained the Federal references in statutes and regulations that comprise the State’s authorized hazardous waste Executive Order 13045 (62 FR 19885, order to preserve the EPA’s authority to April 23, 1997) because it is not implement these non-delegable program into the Code of Federal Regulations. The EPA does this by economically significant and it does not provisions. make decisions based on environmental Because of the Federal government’s adding those citations and references to the authorized State rules in 40 CFR health or safety risks. This action is not special role in matters of foreign policy, subject to Executive Order 13211, the EPA does not authorize states to part 272. The EPA is not proposing to ‘‘Actions Concerning Regulations That administer the Federal import/export codify the authorization of South Significantly Affect Energy Supply, functions associated with the Cathode Carolina’s changes at this time. Distribution, or Use’’ (66 FR 28355, May Ray Tubes Rule (Checklist 215), the However, the EPA reserves the ability to 22, 2001), because it is not a significant OECD Requirements for Export amend 40 CFR part 272, subpart PP, for regulatory action under Executive Order Shipments of Spent Lead-Acid Batteries the authorization of South Carolina’s 12866. (Checklist 222), the Revisions to the program changes at a later date. Export Provisions of the Cathode Ray Under RCRA section 3006(b), the EPA K. Statutory and Executive Order grants a state’s application for Tube Rule (Checklist 232), the Imports Reviews and Exports of Hazardous Waste Rule authorization as long as the state meets (Checklist 236), and the Confidentiality The Office of Management and Budget the criteria required by RCRA. It would Determinations for Hazardous Waste (OMB) has exempted this action from thus be inconsistent with applicable law Export and Import Documents Rule the requirements of Executive Order for the EPA, when it reviews a state (Checklist 238). Although South 12866 (58 FR 51735, October 4, 1993) authorization application, to require the Carolina has adopted these regulations and 13563 (76 FR 3821, January 21, use of any particular voluntary to maintain its equivalency with the 2011). This action proposes to authorize consensus standard in place of another Federal program, it has appropriately State requirements for the purpose of standard that otherwise satisfies the maintained the Federal references in RCRA section 3006 and imposes no requirements of RCRA. Thus, the order to preserve the EPA’s authority to additional requirements beyond those requirements of section 12(d) of the implement these provisions. imposed by State law. Therefore, this National Technology Transfer and action is not subject to review by OMB. Advancement Act of 1995 (15 U.S.C. H. Who handles permits after the final This action is not an Executive Order 272 note) do not apply. As required by authorization takes effect? 13771 (82 FR 9339, February 3, 2017) section 3 of Executive Order 12988 (61 When final authorization takes effect, regulatory action because actions such FR 4729, February 7, 1996), in South Carolina will issue permits for all as today’s proposed authorization of proposing this rule, the EPA has taken the provisions for which it is authorized South Carolina’s revised hazardous the necessary steps to eliminate drafting and will administer the permits it waste program under RCRA are errors and ambiguity, minimize issues. The EPA will continue to exempted under Executive Order 12866. potential litigation, and provide a clear administer any RCRA hazardous waste Accordingly, I certify that this action legal standard for affected conduct. The permits or portions of permits that the will not have a significant economic EPA has complied with Executive Order EPA issued prior to the effective date of impact on a substantial number of small 12630 (53 FR 8859, March 15, 1988) by authorization until they expire or are entities under the Regulatory Flexibility examining the takings implications of terminated. The EPA will not issue any Act (5 U.S.C. 601 et seq.). Because this this action in accordance with the new permits or new portions of permits action proposes to authorize pre- ‘‘Attorney General’s Supplemental for the provisions listed in the table existing requirements under State law Guidelines for the Evaluation of Risk above after the effective date of the final and does not impose any additional and Avoidance of Unanticipated authorization. The EPA will continue enforceable duty beyond that required Takings’’ issued under the executive

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56207

order. This action does not impose an ACTION: Proposed rule. federal website, https:// information collection burden under the www.regulations.gov, is an ‘‘anonymous provisions of the Paperwork Reduction SUMMARY: Pursuant to the Solid Waste access’’ system, which means EPA will Act of 1995 (44 U.S.C. 3501 et seq.). Disposal Act of 1965, as amended not know your identity or contact ‘‘Burden’’ is defined at 5 CFR 1320.3(b). (commonly known as the Resource information unless you provide it in the Executive Order 12898 (59 FR 7629, Conservation and Recovery Act body of your comment. If you send an February 16, 1994) establishes Federal (RCRA)), the Environmental Protection email comment directly to EPA without Agency (EPA) is proposing to approve executive policy on environmental going through https:// revisions to the State of West Virginia’s justice. Its main provision directs www.regulations.gov, your email Underground Storage Tank (UST) Federal agencies, to the greatest extent address will be automatically captured practicable and permitted by law, to program submitted by West Virginia. and included as part of the comment make environmental justice part of their This action is based on EPA’s that is placed in the public docket and mission by identifying and addressing, determination that these revisions as appropriate, disproportionately high satisfy all requirements needed for made available on the internet. If you and adverse human health or program approval. This action also submit an electronic comment, EPA environmental effects of their programs, proposes to codify EPA’s approval of recommends that you include your policies, and activities on minority West Virginia’s state program and to name and other contact information in populations and low-income incorporate by reference those the body of your comment. If EPA populations in the United States. provisions of West Virginia’s regulations cannot read your comment due to Because this action proposes and statutes that we have determined technical difficulties, and cannot authorization of pre-existing State rules meet the requirements for approval. The contact you for clarification, EPA may which are at least equivalent to, and no provisions will be subject to EPA’s not be able to consider your comment. less stringent than existing Federal inspection and enforcement authorities Electronic files should avoid the use of requirements, and imposes no under sections 9005 and 9006 of RCRA special characters, any form of additional requirements beyond those Subtitle I and other applicable statutory encryption, and be free of any defects or imposed by State law, and there are no and regulatory provisions. In the ‘‘Rules viruses. EPA encourages electronic anticipated significant adverse human and Regulations’’ section of this Federal submittals, but if you are unable to health or environmental effects, this Register, EPA is approving this action submit electronically, please reach out proposed rule is not subject to Executive by a direct final rule, without a prior to the EPA contact person listed in the Order 12898. proposed rulemaking. If no significant notice for assistance. If you need List of Subjects in 40 CFR Part 271 negative comment is received, EPA will assistance in a language other than not take further action on this proposed Environmental protection, English, or you are a person with rulemaking, and the direct final rule disabilities who needs a reasonable Administrative practice and procedure, will be effective 60 days from the date accommodation at no cost to you, please Confidential business information, of publication in this Federal Register. reach out to the EPA contact person by Hazardous waste, Hazardous waste If you want to comment on EPA’s email or phone. transportation, Indian lands, proposed approval of West Virginia’s Intergovernmental relations, Penalties, revisions to its state UST program, you FOR FURTHER INFORMATION CONTACT: Reporting and recordkeeping must do so at this time. Thomas UyBarreta, (215) 814–2953; requirements. DATES: Send written comments by email address: uybarreta.thomas@ Authority: This action is issued under the October 13, 2020. epa.gov; address: RCRA Programs authority of sections 2002(a), 3006, and Branch; Land, Chemicals, and 7004(b) of the Solid Waste Disposal Act as ADDRESSES: Submit any comments, amended, 42 U.S.C. 6912(a), 6926, and identified by EPA–R03–UST–2020– Redevelopment Division; EPA Region 3, 6974(b). 0205, by one of the following methods: 1650 Arch Street (Mailcode 3LD30), Philadelphia, PA 19103–2029. Dated: August 14, 2020. 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the Mary Walker, SUPPLEMENTARY INFORMATION: EPA has on-line instructions for submitting explained the reasons for this action in Regional Administrator, Region 4. comments. the preamble to the direct final rule. For [FR Doc. 2020–18311 Filed 9–10–20; 8:45 am] 2. Email: [email protected]. additional information, see the direct BILLING CODE 6560–50–P Instructions: Direct your comments to final rule published in the ‘‘Rules and Docket ID No. EPA–R03–UST–2020– Regulations’’ section of this Federal 0205. EPA’s policy is that all comments ENVIRONMENTAL PROTECTION Register. AGENCY received will be included in the public docket without change and may be Authority: This rule is issued under the 40 CFR Part 282 available online at https:// authority of Section 9004 of the Solid Waste www.regulations.gov including any Disposal Act of 1965, as amended, 42 U.S.C. [EPA–R03–UST–2020–0205; FRL 10012–36– personal information provided, unless 6991c. Region 3] the comment includes information Cosmo Servidio, West Virginia: Final Approval of State claimed to be Confidential Business Information (CBI) or other information Regional Administrator, EPA Region 3. Underground Storage Tank Program [FR Doc. 2020–17343 Filed 9–10–20; 8:45 am] Revisions, Codification, and whose disclosure is restricted by statute. Incorporation by Reference Do not submit information that you BILLING CODE 6560–50–P consider to be CBI or otherwise AGENCY: Environmental Protection protected through https:// Agency (EPA). www.regulations.gov, or email. The

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56208 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

DEPARTMENT OF COMMERCE accept anonymous comments (enter ‘‘N/ 600.310(j)(2)(ii). This action must be A’’ in the required fields if you wish to implemented within two years of the National Oceanic and Atmospheric remain anonymous). notification. Administration The Fishery Ecosystem Plan for the The 2019 stock assessment indicated American Samoa Archipelago (FEP) is that the annual catch would need to be 50 CFR Part 665 available from the Council, 1164 Bishop limited to no more than 8,000 lb through 2025 to end overfishing, [Docket No. 200903–0232] St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, or www.wpcouncil.org. consistent with the Magnuson-Stevens RIN 0648–BJ94 NMFS prepared a draft environmental Act and National Standard 1. However, assessment (EA) that describes the the average annual catch of American Pacific Island Fisheries; Interim potential impacts on the human Samoa bottomfish management unit Measures for American Samoa environment that could result from this species (MUS) in the latest five years of Bottomfish temporary rule. The draft EA and other the stock assessment (2013–2017) was AGENCY: National Marine Fisheries supporting documents are available 21,129 lb. The Council discussed the Service (NMFS), National Oceanic and from www.regulations.gov. results of the stock assessment, Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: including the levels of catch that would Commerce. Brett Schumacher, NMFS PIR be needed to end overfishing immediately, at its 180th meeting in ACTION: Sustainable Fisheries, 808–725–5185. Proposed temporary rule; American Samoa in October 2019. SUPPLEMENTARY INFORMATION: NMFS and interim measures; request for comments. Fishermen commented that a catch limit the Council manage the bottomfish of 8,000 lb bottomfish that would end SUMMARY: NMFS proposes this fishery in the U.S. Exclusive Economic overfishing, or a closure of the federal temporary rule for an interim catch limit Zone (Federal waters) around American (ICL) of 13,000 lb of American Samoa fishery altogether, would result in Samoa under the FEP and the authority detrimental economic, social, and bottomfish for fishing year 2020. NMFS of the Magnuson-Stevens Fishery would monitor 2020 catches, and if the cultural impacts. They indicated that Conservation and Management Act bottomfish, particularly the species fishery reaches the ICL, we would close (Magnuson-Stevens Act). Most of the the fishery in Federal waters for the found in the deeper federal waters, are management measures for the fishery primarily used for cultural purposes and remainder of the calendar year. This are found at 50 CFR 665. temporary action is necessary to reduce for subsistence, rather than for profit. In In 2019, the NMFS Pacific Islands response to these concerns, the Council overfishing of American Samoa Fisheries Science Center (PIFSC) bottomfish while minimizing socio- requested that NMFS implement an published a benchmark stock interim measure to reduce, but not economic impacts to fishing assessment that indicated that the multi- communities. This proposed rule necessarily end immediately, species bottomfish stock complex in overfishing of the stock while the supports the long-term sustainability of American Samoa is overfished and American Samoa bottomfish. Council develops action required by experiencing overfishing. NMFS MSA 304(e)(3), consistent with section DATES: NMFS must receive comments presented these findings at the October 304(e)(6). In consideration of concerns by September 28, 2020. 2019 meeting of the Council’s Scientific from fishermen and the Council’s ADDRESSES: You may submit comments and Statistical Committee (SSC) in request, NMFS considered catch levels on this proposed temporary rule, Honolulu, Hawaii, and at the October greater than 8,000 lb that would mitigate identified by NOAA–NMFS–2020–0099, 2019 Council meeting in Pago Pago, effects of management on fishing by either of the following methods: American Samoa. At these meetings, the • communities while the Council and Electronic Submission: Submit all SSC and Council accepted the stock NMFS develop long-term management electronic public comments via the assessment as the best scientific measures to end overfishing and rebuild Federal e-Rulemaking Portal. Go to information available for the the stock. www.regulations.gov/docket?D=NOAA- management of bottomfish in American The regulations on emergency actions NMFS-2020-0099, click the ‘‘Comment Samoa. In January 2020, NMFS and interim measures under National Now!’’ icon, complete the required determined that the assessment results Standard 1 (50 CFR 600.310(j)(4)) fields, and enter or attach your represent the best scientific information provide conditions that must be met to comments. available, consistent with National • implement an interim measure under Mail: Send written comments to Standard 2 of the Magnuson-Stevens MSA 304(e)(6): Michael D. Tosatto, Regional Act. Accordingly, NMFS determined in 1. The interim measures are needed to Administrator, NMFS Pacific Islands February 2020, that the stock is address an unanticipated and Region (PIR), 1845 Wasp Blvd., Bldg. overfished and subject to overfishing, significantly changed understanding of 176, Honolulu, HI 96818. and notified the Council of this the status of the stock or stock complex; Instructions: Comments sent by any determination and the Council’s 2. Ending overfishing immediately is other method, to any other address or obligations to end overfishing and expected to result in severe social and/ individual, or received after the end of rebuild the stock under Magnuson- or economic impacts to a fishery; and the comment period, may not be Stevens Act section 304(e)(3). 3. The interim measures will ensure considered by NMFS. All comments Upon notification that a stock is that the stock or stock complex will received are a part of the public record subject to overfishing, the Council must increase its current biomass through the and will generally be posted for public immediately set catch at a level that duration of the interim measures. viewing on www.regulations.gov would end overfishing. See 50 CFR We evaluate whether these conditions without change. All personal identifying 600.310(j)(2)(i). Upon notification that a are met in the EA and summarize as information (e.g., name, address, etc.), stock is overfished, the Council must follows: confidential business information, or prepare and implement a fishery 1. The overfished and overfishing otherwise sensitive information management plan, plan amendment, or conditions in the fishery were not submitted voluntarily by the sender will regulation that wound end overfishing known before the 2019 benchmark stock be publicly accessible. NMFS will and rebuild the stock. See 50 CFR assessment, and the stock was believed

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56209

to be healthy according to the previous Based on this information and conservation benefit relative to the no- stock assessment. Thus, condition (1) considering the best scientific action alternative. has been met; information available and Federal To maintain consistency with the 2. Catch would have to be requirements for interim management timeframe of catch projections and the substantially reduced from recent actions, NMFS proposes to implement bottomfish fishing year (January– catches to immediately end overfishing an ICL of 13,000 lb. This ICL provides December), under the proposed rule (from over 21,000 lb to 8,000 lb), and a balance between regulatory NMFS would monitor catches of comments from fishermen indicate that requirements to reduce overfishing, and bottomfish MUS made in both territorial ending overfishing immediately would the need to mitigate impacts of fishery and Federal waters during calendar year have negative social, economic, and management on communities in 2020 and count the combined 2020 cultural impacts to community members American Samoa. The best scientific catch toward the ICL. As an inseason who use bottomfish resources for information available projects that AM, if NMFS projects that the fishery commercial, subsistence, religious, and 13,000 lb is the greatest level catch that will reach the ICL, we would close the cultural purposes. The Council would allow stock biomass to increase fishery in Federal waters through recognized these perspectives in their during the interim measure, as required December 31, 2020. request for an interim action and by 50 CFR 600.310(j)(4), so Federal NMFS will consider public comments believes that ending overfishing regulations do not allow NMFS to on this proposed temporary rule, and immediately would have severe social implement a greater ICL. At the same specifically invites public comments and/or economic impacts to the fishery, time, 13,000 lb is 63 percent greater the that address the impact of this proposed and NMFS concurs with this 8,000 lb level that would end action on cultural fishing in American conclusion. Thus, condition (2) has overfishing. The present action therefore Samoa. NMFS will announce the final been met; and addresses impacts to the fishery and rule in the Federal Register. We must 3. The PIFSC completed expanded related communities (inclusive of receive any comments by the date catch projections that indicated a catch cultural fishing practices) to the degree provided in the DATES heading, not of up to 13,000 lb would allow the MUS NMFS is able within regulatory postmarked or otherwise transmitted by stock biomass to increase during the constraints. Under the proposed that date. effective period of this interim measure. measure, overfishing would be reduced Classification Implementing a catch limit of 13,000 lb relative to the status quo, and socio- The NMFS Assistant Administrator and closing the fishery after that limit is economic impacts to the community has determined that this proposed rule reached would ensure biomass increases would be minimized relative to is consistent with the FEP, the (condition 3). However, even after a measures that would end overfishing Magnuson-Stevens Act, and other closure of the fishery in Federal waters, immediately. applicable law, subject to further catch is expected to continue The conservation benefit achieved by consideration after public comment. unconstrained in American Samoa this measure may be mitigated by waters. Thus, catch is expected to circumstances outside NMFS authority. Administrative Procedure Act exceed 13,000 lb notwithstanding Specifically, catch would likely exceed Section 304(b) of the Magnuson- NMFS’s implementation of a catch limit the ICL because 85 percent of Stevens Act provides for a 15-day of 13,000 lb. Due to unconstrained bottomfish habitat is located in comment period for these types of fishing of the stock in American Samoa territorial waters that are outside of fishery rules (See 16 U.S.C. 1854(b)). waters, no NMFS action can ensure that NMFS authority, and American Samoa Additionally, NMFS finds good cause biomass increases. However, a catch does not have regulations that would that a longer notice and comment period limit of 13,000 lb provides a close territorial waters in the event a would be contrary to public interest. conservation benefit relative to the Federal ICL is reached. Therefore, if the Specifically, the proposed action needs status quo (i.e., an unconstrained ICL is reached and NMFS closes the to be implemented immediately to fishery), reduces overfishing, and fishery in Federal waters, fishing is establish thresholds that would contributes to rebuilding the stock. expected to continue unconstrained in minimize adverse biological effects to NMFS discussed potential alternative territorial waters. While NMFS does not the stock and adverse long-term management options for the interim have detailed spatial information to socioeconomic effects to fishermen and measure at subsequent public Council determine the amount of bottomfish communities that utilize bottomfish in meetings, and during meetings with caught in territorial waters versus American Samoa. managers from the American Samoa Federal waters, we assume that Department of Marine and Wildlife bottomfish abundance and catch are Certification of Finding of No Resources (DMWR). Fishermen and distributed equally across habitat. We Significant Impact on Substantial Council members from American Samoa therefore assume that 15 percent of total Number of Small Entities commented at public Council meetings catch will occur in Federal waters The Chief Counsel for Regulation of that a catch limit of 0 lb, 8,000 lb, or because 15 percent of bottomfish habitat the Department of Commerce certified even 13,000 lb would have social, occurs in federal waters. If the ICL is to the Chief Counsel for Advocacy of the cultural and economic effects. In a June reached and NMFS closes the fishery in Small Business Administration that this 15, 2020, letter to the NMFS Pacific Federal waters catch is expected to proposed rule, if adopted, would not Islands Regional Office, the DMWR exceed 13,000 lb, because most habitat have a significant economic impact on expressed concerns that the ICL of is in territorial waters and would remain a substantial number of small entities. 13,000 lb is too low for their fishermen open to bottomfish fishing. However, The proposed action would specify an to subsist, and that a closure of offshore because this action provides for the interim catch limit (ICL) of 13,000 lb for banks in Federal waters to bottomfish closure of offshore fishing grounds American Samoa bottomfish for 2020, as fishing would deprive fishermen of under Federal jurisdiction, we expect well as in-season accountability important fishing grounds for deep- some conservation benefit to the stock measure (AM). If and when the available water snappers that are critical for complex. Therefore, we anticipate the data indicates the fishery would reach cultural ceremonies. proposed interim rule would provide a ICL, NMFS would close the fishery in

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56210 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Federal waters, from the outer boundary 200.2). A business primarily engaged in because this rule is not significant under of territorial waters at 3 miles from commercial fishing (NAICS code 11411) Executive Order 12866. shore to 200 miles from shore, for the is classified as a small business if it is List of Subjects in 50 CFR Part 665 remaining time that the interim catch independently owned and operated, is limit is in effect as an AM. As not dominant in its field of operation Accountability measure, American authorized under section 305(c) of the (including its affiliates), and has Samoa, Bottomfish, Fisheries, Fishing, Magnuson-Stevens Act, the rule would combined annual receipts not in excess Interim catch limit, Pacific Islands. be in effect for no more than 180 days, of $11 million for all its affiliated Dated: September 3, 2020. from the date of publication in the operations worldwide. Based on Samuel D. Rauch III, Federal Register, through December 31, available information, NMFS has Deputy Assistant Administrator for 2020. To maintain consistency with the determined that all affected entities are Regulatory Programs, National Marine timeframe of the fishing year in the small entities under the SBA definition Fisheries Service. fishery and catch projections from of a small entity, i.e., they are engaged For the reasons set out in the NMFS, catches made after January 1, in the business of fish harvesting, are preamble, NMFS proposes to amend 50 2020, in both territorial waters and independently owned or operated, are CFR part 665 as follows: Federal waters around American Samoa not dominant in their field of operation, would count toward the ICL for the and have gross receipts not in excess of PART 665—FISHERIES IN THE 2020 fishing year. Provided certain $11 million. Therefore, there would be WESTERN PACIFIC conditions have been met, NMFS may no disproportionate economic impacts extend the interim measures from between large and small entities. ■ 1. The authority citation for 50 CFR January 1, 2021, to July 5, 2021, for an Furthermore, there would be no part 665 continues to read as follows: additional 186 days. disproportionate economic impacts Authority: 16 U.S.C. 1801 et seq. The fishery is likely to reach the ICL, among the universe of vessels based on ■ 2. Add § 665.102 to read as follows: given recent catch history, as catch of gear, home port, or vessel length. There American Samoa bottomfish has might be some disproportionate § 665.102 Bottomfish Interim Catch Limit. exceeded the proposed ICL annually economic impacts on areas fished. (a) The interim catch limit for from 2013 to 2017. Catch estimates for Bottomfish fishermen in American American Samoa bottomfish MUS for these years are available from the stock Samoa who tend to fish for bottomfish fishing year 2020 is 13,000 lb. assessment, which provides the best in Federal waters rather than territorial (b) When the interim catch limit is available estimate of total catch of waters, would need to modify their projected to be reached, the Regional BMUS. These estimates include catch of target catch or fishing activities, Administrator shall publish a document BMUS reported at the species level, plus including areas fished, in the event of a to that effect in the Federal Register and an estimate of BMUS catch reported closure of this fishery while the interim shall use other means to notify permit under general categories (e.g., snapper, measure is in effect. For those who do holders. The document will include an emperor, deep bottomfish). Estimated catch some bottomfish fish for sale, this advisement that the fishery will be total catch data for 2018 and 2019 that could mean an increase in costs and/or closed, beginning at a specified date that would be directly comparable are not decrease in revenue. is not earlier than seven days after the available. Most catch would have been Even though this proposed action date of filing the closure notice for retained for personal consumption or would apply to a substantial number of public inspection at the Office of the sharing, rather than sold, as the vessels, this action should not result in Federal Register, through the end of the American Samoa bottomfish fishery is significant adverse economic impacts to fishing year in which the interim catch predominantly non-commercial with at individual entities, as this is primarily limit is reached. most 30 participants. In recent years, a non-commercial fishery. The proposed (c) On and after the date the fishery NMFS estimates catch sold (percent of action does not duplicate, overlap, or is closed as specified in paragraph (b) of catch sold) to be as follows: 2,047 lb (6.9 conflict with other Federal rules and is this section, fishing for and possession percent) in 2015, 1,131 lb (5.6 percent) not expected to have significant impact of American Samoa bottomfish MUS is in 2016, and 1,137 lb (7.1 percent) in on small entities (as discussed above), prohibited in Federal waters around 2017. Revenue from American Samoa organizations, or government American Samoa, except as otherwise bottomfish catch were an estimated jurisdictions. The proposed action also authorized by law. $6,075 in 2015, $3,896 in 2016, and will not place a substantial number of (d) On and after the date the fishery $5,688 in 2017. Upon reaching the ICL, small entities, or any segment of small is closed as specified in paragraph (b) of fishing for or possessing American entities, at a significant competitive this section, possession, sale, offering Samoa bottomfish would be prohibited disadvantage to large entities. for sale, and purchase of any American in Federal waters around American For the reasons above, NMFS does not Samoa bottomfish MUS caught in Samoa, as would sale, purchase, or expect the proposed action to have a Federal waters around American Samoa possession of any American Samoa significant economic impact on a is prohibited. bottomfish caught in Federal waters. substantial number of small entities. As ■ 3. In § 665.103, suspend the Because 85 percent of the bottomfish such, an initial regulatory flexibility introductory paragraph, add paragraph habitat is in territorial waters located analysis is not required and none has (a) and reserve paragraph (b) to read as closer to shore, most catch likely comes been prepared. follows: from territorial waters rather than Federal waters, although NMFS does Executive Order 12866 § 665.103 Prohibitions. not have quantitative information on This proposed rule has been (a) In addition to the general catch by location. determined to be not significant for prohibitions specified in § 600.725 of For Regulatory Flexibility Act (RFA) purposes of Executive Order 12866. this chapter and § 665.15, it is unlawful purposes only, NMFS has established a for any person to do any of the small business size standard, including Executive Order 13771 following: their affiliates, whose primary industry This proposed rule is not an (1) Fish for American Samoa is commercial fishing (see 50 CFR Executive Order 13771 regulatory action bottomfish MUS or ECS, or seamount

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56211

groundfish MUS using gear prohibited bottomfish MUS in a closed fishery, in (b) [Reserved] under § 665.104. violation of § 665.102. [FR Doc. 2020–19953 Filed 9–10–20; 8:45 am] (2) Fish for, possess, sell, offer for BILLING CODE 3510–22–P sale, or purchase any American Samoa

VerDate Sep<11>2014 16:05 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4702 Sfmt 9990 E:\FR\FM\11SEP1.SGM 11SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 56212

Notices Federal Register Vol. 85, No. 177

Friday, September 11, 2020

This section of the FEDERAL REGISTER Yee); 2 Kimball International, Inc., Assessment contains documents other than rules or Kimball Furniture Group, Inc., and Commerce will instruct U.S. Customs proposed rules that are applicable to the Kimball Hospitality Inc. (collectively, and Border Protection (CBP) to assess public. Notices of hearings and investigations, 3 Kimball); and the American Furniture antidumping duties on all appropriate committee meetings, agency decisions and Manufacturers Committee for Legal rulings, delegations of authority, filing of entries of wooden bedroom furniture petitions and applications and agency Trade and Vaughan-Bassett Furniture from China during the period January 1, statements of organization and functions are Company, Inc. (collectively, the 2019, through December 31, 2019, at 4 examples of documents appearing in this petitioners), requested a review of the rates equal to the cash deposit rates for section. Order with respect to a number of estimated antidumping duties required companies. On March 10, 2020, in at the time of entry, or withdrawal from accordance with section 751(a) of the warehouse, for consumption, in DEPARTMENT OF COMMERCE Act and 19 CFR 351.221(c)(1)(i), accordance with 19 CFR Commerce initiated an administrative 351.212(c)(1)(i). Commerce intends to International Trade Administration review of the Order with respect to the issue appropriate assessment companies named by the requesting instructions to CBP 15 days after the [A–570–890] 5 parties. Between May 8, 2020 and May date of publication of this notice in the Wooden Bedroom Furniture From the 11, 2020, Maria Yee, Kimball, and the Federal Register.8 People’s Republic of China: petitioners timely withdrew their 6 Notification to Importers Rescission of 2019 Antidumping Duty review requests for all companies. Administrative Review Rescission of Review This notice serves as the only reminder to importers of their AGENCY: Enforcement and Compliance, Pursuant to 19 CFR 351.213(d)(1), responsibility under 19 CFR International Trade Administration, Commerce will rescind an 351.402(f)(2) to file a certificate Department of Commerce. administrative review, in whole or in regarding the reimbursement of part, if the parties that requested the SUMMARY: The Department of Commerce antidumping duties prior to liquidation (Commerce) is rescinding the review withdraw their requests within of the relevant entries during this administrative review of the 90 days of the publication date of the review period. Failure to comply with antidumping duty (AD) order on notice of initiation of the requested this requirement could result in the wooden bedroom furniture (WBF) from reviews. The requesting parties presumption that reimbursement of withdrew all of their requests for review the People’s Republic of China (China) antidumping duties occurred and the within the 90-day deadline. Because (the Order) for the period of review subsequent assessment of doubled Commerce received no other requests (POR) January 1, 2019, through antidumping duties. for review, we are rescinding the December 31, 2019, based on the timely administrative review of the AD order Notification Regarding Administrative withdrawal of all requests for review. on wooden bedroom furniture from Protective Order DATES: Applicable September 11, 2020. China covering the POR January 1, 2019, This notice also serves as the only FOR FURTHER INFORMATION CONTACT: through December 31, 2019, in its reminder to parties subject to Paola Aleman Ordaz, AD/CVD entirety, in accordance with 19 CFR administrative protective orders (APO) Operations, Office IV, Enforcement and 351.213(d)(1).7 of their responsibility concerning the Compliance, International Trade disposition of proprietary information Administration, U.S. Department of 2 See Maria Yee’s’ letter ‘‘Wooden Bedroom disclosed under APO in accordance Commerce, 1401 Constitution Avenue Furniture from the People’s Republic of China; Request for Administrative Review and Request for with 19 CFR 351.305(a)(3), which NW, Washington, DC 20230; telephone: Voluntary Respondent Treatment’’ dated January continues to govern business (202) 482–4031. 22, 2020. proprietary information in this segment SUPPLEMENTARY INFORMATION: 3 See Kimball’s letter ‘‘Wooden Bedroom of the proceeding. Timely written Furniture from The People’s Republic of China: notification of the return or destruction Background Request For Initiation of Antidumping Duty Administrative Review’’ dated January 31, 2020. of APO materials or conversion to On January 2, 2020, Commerce 4 See the Petitioners’ letter ‘‘Wooden Bedroom judicial protective order is hereby published in the Federal Register a Furniture from the People’s Republic of China: requested. Failure to comply with the notice of opportunity to request an Request For Initiation Of Administrative Review’’ regulations and the terms of an APO is dated January 31, 2020. administrative review of the Order for 5 See Initiation of Antidumping and a sanctionable violation. the POR.1 In accordance with section Countervailing Duty Administrative Reviews, 85 FR 751(a)(1) of the Tariff Act of 1930, as 13860 (March 10, 2020). (Kushan Jujia) covering the period January 1, 2019, amended (the Act), and 19 CFR 6 See the Petitioners’ letter ‘‘Wooden Bedroom through December 31, 2019, were withdrawn, Furniture from the People’s Republic of China: Kushan Jujia remains under review in an ongoing 351.213(b), between January 22, 2020, Withdraw of Request for Administrative Review’’ new shipper review covering the period January 1, and January 31, 2020, Guangzhou Maria dated May 8, 2020; Kimball’s letter ‘‘Wooden 2019, through December 31, 2019 (see Wooden Yee Furnishings Ltd., Pyla HK Limited, Bedroom Furniture from The People’s Republic of Bedroom Furniture from the People’s Republic of and Maria Yee, Inc. (collectively, Maria China: Withdraw of Request Review’’ dated May 8, China: Initiation of Antidumping Duty New Shipper 2020; and Maria Yee’s letter ‘‘Wooden Bedroom Review, 85 FR 11342 (February 27, 2020)). Furniture from the People’s Republic of China; 8 Because Kunshan Jujia remains under review in 1 See Antidumping or Countervailing Duty Order, Maria Yee’s Withdrawal of Request for Review’’ an ongoing new shipper review, we will not Finding, or Suspended Investigation; Opportunity dated May 11, 2020. instruct CBP to liquidation entries of subject to Request Administrative Review, 85 FR 64 7 Although all requests for an administrative merchandise from Kushan Jujia until the conclusion (January 2, 2020). review of Kunshan Jujia Decoration Design Co., Ltd. of the new shipper review.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56213

This notice is issued and published in Act), we have instructed CBP to SUPPLEMENTARY INFORMATION: accordance with sections 751(a)(1) and terminate the suspension of liquidation Background 777(i)(1) of the Act and 19 CFR the suspension of liquidation and to 351.213(d)(4). liquidate, without regard to On July 22, 2020, Commerce Dated: September 8, 2020. antidumping duties, unliquidated published the Preliminary Results of this administrative review.1 Interested James Maeder, entries of wind towers from Canada, Indonesia, Korea, and Vietnam entered, parties were invited to comment on the Deputy Assistant Secretary for Antidumping Preliminary Results within 30 days of and Countervailing Duty Operations. or withdrawn from warehouse, for consumption on or after August 12, publication.2 We received no comments. [FR Doc. 2020–20074 Filed 9–10–20; 8:45 am] 2020, until and through the day Scope of the Order 3 BILLING CODE 3510–DS–P preceding the date of publication of the U.S. International Trade Commission’s The merchandise covered by the Order is OCTG, which are hollow steel DEPARTMENT OF COMMERCE final injury determination in the Federal Register (i.e., August 24, 2020).3 products of circular cross-section, International Trade Administration In addition we have instructed CBP to including oil well casing and tubing, of resume the suspension of liquidation iron (other than cast iron) or steel (both [A–122–867, A–560–833, A–580–902, A–552– and the collection of cash deposits carbon and alloy), whether seamless or 825] beginning August 25, 2020, the date the welded, regardless of end finish (e.g., whether or not plain end, threaded, or Utility Scale Wind Towers From ITC Final Injury Determination threaded and coupled) whether or not Canada, Indonesia, the Republic of published in the Federal Register. We are hereby correcting the Orders conforming to American Petroleum Korea, and the Socialist Republic of to include the correct date on which Institute (API) or non-API Vietnam: Notice of Correction to the provisional measures expired, as stated specifications, whether finished Antidumping Duty Orders above. This notice serves as a correction (including limited service OCTG AGENCY: Enforcement and Compliance, and is published in accordance with products) or unfinished (including International Trade Administration, section 777(i) of the Act. green tubes and limited service OCTG Department of Commerce. Dated: September 1, 2020. products), whether or not thread SUMMARY: The Department of Commerce Jeffrey I. Kessler, protectors are attached. The scope of the (Commerce) is correcting the Assistant Secretary for Enforcement and Order also covers OCTG coupling stock. antidumping duty orders on utility scale Compliance. Excluded from the scope of the Order wind towers (wind towers) from are: Casing or tubing containing 10.5 [FR Doc. 2020–20071 Filed 9–10–20; 8:45 am] Canada, Indonesia, the Republic of percent or more by weight of chromium; Korea (Korea), and the Socialist BILLING CODE 3510–DS–P drill pipe; unattached couplings; and Republic of Vietnam (Vietnam) to state unattached thread protectors. the correct date on which the DEPARTMENT OF COMMERCE The merchandise subject to the Order provisional measures expired. is currently classified in the DATES: Applicable September 11, 2020. International Trade Administration Harmonized Tariff Schedule of the United States (HTSUS) under item FOR FURTHER INFORMATION CONTACT: [A–533–857] Michael J. Heaney at (202) 482–4475 numbers: 7304.29.10.10, 7304.29.10.20, (Canada); Benjamin Luberda at (202) Certain Oil Country Tubular Goods 7304.29.10.30, 7304.29.10.40, 482–2185 or Brittany Bauer at (202) From India: Final Results of 7304.29.10.50, 7304.29.10.60, 482–3860 (Indonesia); Adam Simons at Antidumping Duty Administrative 7304.29.10.80, 7304.29.20.10, (202) 482–6172 or David Goldberger at Review and Determination of No 7304.29.20.20, 7304.29.20.30, (202) 482–4136 (Korea); Joshua A. Shipments; 2018–2019 7304.29.20.40, 7304.29.20.50, DeMoss at (202) 482–3362 (Vietnam); 7304.29.20.60, 7304.29.20.80, AGENCY: AD/CVD Operations, Enforcement and Enforcement and Compliance, 7304.29.31.10, 7304.29.31.20, Compliance, International Trade International Trade Administration, 7304.29.31.30, 7304.29.31.40, Administration, U.S. Department of Department of Commerce. 7304.29.31.50, 7304.29.31.60, SUMMARY: The Department of Commerce Commerce, 1401 Constitution Avenue 7304.29.31.80, 7304.29.41.10, (Commerce) determines that Jindal SAW NW, Washington, DC 20230. 7304.29.41.20, 7304.29.41.30, Ltd., the sole company for which a SUPPLEMENTARY INFORMATION: On August 7304.29.41.40, 7304.29.41.50, review was requested, made no 7304.29.41.60, 7304.29.41.80, 26, 2020, Commerce published shipments of certain oil country tubular antidumping duty orders on wind 7304.29.50.15, 7304.29.50.30, goods (OCTG) from India during the 7304.29.50.45, 7304.29.50.60, towers from Canada, Indonesia, Korea, period of review (POR) from September 1 7304.29.50.75, 7304.29.61.15, and Vietnam. In the Orders, Commerce 1, 2018 through August 31, 2019. inadvertently stated that the provisional 7304.29.61.30, 7304.29.61.45, DATES: Applicable September 11, 2020. measures expired on August 12, 2020.2 1 Commerce is correcting the Orders to FOR FURTHER INFORMATION CONTACT: See Certain Oil Country Tubular Goods from Kathryn Turlo, AD/CVD Operations, India: Preliminary Determination of No Shipments clarify that August 11, 2020 is the date in the Antidumping Duty Administrative Review; on which the provisional measures Office VII, Enforcement and 2018–2019, 85 FR 44280 (July 22, 2020) expired. Compliance, International Trade (Preliminary Results). In accordance with section 733(d) of Administration, U.S. Department of 2 Id. at 44281. the Tariff Act of 1930, as amended (the Commerce, 1401 Constitution Avenue 3 See Certain Oil Country Tubular Goods from NW, Washington, DC 20230; telephone: India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: 1 See Utility Scale Wind Towers from Canada, (202) 482–3870. Antidumping Duty Orders; and Certain Oil Country Indonesia, the Republic of Korea, and the Socialist Tubular Goods from the Socialist Republic of Republic of Vietnam: Antidumping Duty Orders, 85 3 See Utility Scale Wind Towers from Canada, Vietnam: Amended Final Determination of Sales at FR 52546 (August 26, 2020) (Orders). Indonesia, Korea, and Vietnam, 85 FR 52357 Less Than Fair Value, 79 FR 53691 (September 10, 2 See Orders, 85 FR at 52547. (August 25, 2020) (ITC Final Injury Determination). 2014) (Order).

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56214 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

7304.29.61.60, 7304.29.61.75, Assessment Rates Notification to Importers Regarding the 7305.20.20.00, 7305.20.40.00, Reimbursement of Duties Commerce determines, and CBP shall 7305.20.60.00, 7305.20.80.00, This notice also serves as a final 7306.29.10.30, 7306.29.10.90, assess, antidumping duties on all appropriate entries of subject reminder to importers of their 7306.29.20.00, 7306.29.31.00, merchandise in accordance with these responsibility under 19 CFR 7306.29.41.00, 7306.29.60.10, final results of review.5 Consistent with 351.402(f)(2) to file a certificate 7306.29.60.50, 7306.29.81.10, and Commerce’s clarification to its regarding the reimbursement of 7306.29.81.50. assessment practice, because we antidumping duties prior to liquidation The merchandise subject to the Order determined that JSL had no shipments of the relevant entries during this may also enter under the following of subject merchandise to the United review period. Failure to comply with HTSUS item numbers: 7304.39.00.24, States during the POR, for entries of this requirement could result in 7304.39.00.28, 7304.39.00.32, subject merchandise during the POR Commerce’s presumption that 7304.39.00.36, 7304.39.00.40, produced by JSL, for which this reimbursement of antidumping duties 7304.39.00.44, 7304.39.00.48, company did not know that the occurred and the subsequent assessment 7304.39.00.52, 7304.39.00.56, merchandise was destined for the of double antidumping duties. 7304.39.00.62, 7304.39.00.68, United States, we will instruct CBP to Notification Regarding Administrative 7304.39.00.72, 7304.39.00.76, liquidate any entries at the all-others Protective Order 7304.39.00.80, 7304.59.60.00, rate (i.e., zero percent) 6 if there is no This notice also serves as a reminder 7304.59.80.15, 7304.59.80.20, rate for the intermediate company(ies) to parties subject to administrative 7304.59.80.25, 7304.59.80.30, involved in the transaction.7 protective orders (APO) of their 7304.59.80.35, 7304.59.80.40, We intend to issue instructions to responsibility concerning the return or 7304.59.80.45, 7304.59.80.50, CBP 15 days after the date of destruction of proprietary information 7304.59.80.55, 7304.59.80.60, publication of the final results of this disclosed under APO in accordance 7304.59.80.65, 7304.59.80.70, review. with 19 CFR 351.305(a)(3), which 7304.59.80.80, 7305.31.40.00, Cash Deposit Requirements continues to govern business 7305.31.60.90, 7306.30.50.55, proprietary information in this segment 7306.30.50.90, 7306.50.50.50, and The following cash deposit of the proceeding. Timely written 7306.50.50.70. requirements will be effective for all notification of the return/destruction of The HTSUS subheadings above are shipments of the subject merchandise APO materials, or conversion to judicial provided for convenience and customs entered, or withdrawn from warehouse, protective order, is hereby requested. purposes only. The written description for consumption on or after the Failure to comply with the regulations of the scope of the order is dispositive. publication date of the final results of and the terms of an APO is a this administrative review, as provided sanctionable violation. Final Determination of No Shipments by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for JSL will Notification to Interested Parties In the Preliminary Results, we found remain unchanged from the rate This notice is issued and published in that Jindal SAW, Ltd. (JSL), the sole assigned to them in the most recently accordance with sections 751(a)(1) and company for which a review was completed segment for the company; 8 777(i) of the Act, and 19 CFR requested, made no shipments of OCTG (2) for merchandise exported by 351.221(b)(5). from India during the POR. We also manufacturers or exporters not covered Dated: September 4, 2020. stated in the Preliminary Results that in this review but covered in a prior Jeffrey I. Kessler, consistent with Commerce’s practice, it segment of the proceeding, the cash was not appropriate to preliminarily deposit rate will continue to be the Assistant Secretary for Enforcement and Compliance. rescind the review, but rather to company-specific rate published for the complete the review and issue most recently-completed segment; (3) if [FR Doc. 2020–20072 Filed 9–10–20; 8:45 am] appropriate instructions to U.S Customs the exporter is not a firm covered in a BILLING CODE 3510–DS–P and Border Protection (CBP) based on prior review, or the original the final results.4 investigation, but the manufacturer is, DEPARTMENT OF COMMERCE We received no information that then the cash deposit rate will be the contradicted our findings in the rate established for the most recently International Trade Administration Preliminary Results, and no interested completed segment for the manufacturer party commented on the Preliminary of the merchandise; and (4) the cash [A–570–924] deposit rate for all other manufacturers Results. Therefore, for these final Polyethylene Terephthalate (PET) Film or exporters will continue to be zero results, we continue to find that JSL From the People’s Republic of China: percent, the all-others cash deposit rate made no shipments of OCTG from India Rescission of Antidumping Duty established in the less-than-fair-value during the POR. Administrative Review; 2018–2019 investigation.9 These cash deposit 4 See Preliminary Results, 85 FR at 44280; see also requirements, when imposed, shall AGENCY: Enforcement and Compliance, Certain Frozen Warm water Shrimp from Thailand; remain in effect until further notice. International Trade Administration, Preliminary Results of Antidumping Duty Department of Commerce. Administrative Review, Partial Rescission of 5 See 19 CFR 351.212(b). SUMMARY: Review, Preliminary Determination of No The Department of Commerce 6 Shipments; 2012–2013, 79 FR 15951, 15952 (March See Order, 79 FR at 53694 n.17. (Commerce) is rescinding the 24, 2014), unchanged in Certain Frozen Warmwater 7 For a full discussion of this clarification, see administrative review of the Shrimp from Thailand: Final Results of Antidumping and Countervailing Duty Proceedings: antidumping duty (AD) order on Antidumping Duty Administrative Review, Final Assessment of Antidumping Duties, 68 FR 23954 Determination of No Shipments, and Partial (May 6, 2003). polyethylene terephthalate (PET) film Rescission of Review; 2012–2013, 79 FR 51306 8 See Order, 79 FR at 53694 n.17. from the People’s Republic of China (August 28, 2014). 9 Id. (China) for the period of review (POR)

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56215

November 1, 2018 through October 31, no other requests for review, we are DEPARTMENT OF COMMERCE 2019, based on the timely withdrawal of rescinding the administrative review of the request for review. the Order on PET film from China International Trade Administration DATES: Applicable September 11, 2020. covering the November 1, 2018 through [A–570–010, A–583–853, C–570–011] FOR FURTHER INFORMATION CONTACT: October 31, 2019 POR, in full, in Paola Aleman Ordaz, AD/CVD accordance with 19 CFR 351.213(d)(1). Crystalline Silicon Photovoltaic Products From the People’s Republic Operations, Office IV, Enforcement and Assessment Compliance, International Trade of China and Taiwan: Continuation of Administration, U.S. Department of Commerce will instruct U.S. Customs Antidumping and Countervailing Duty Commerce, 1401 Constitution Avenue and Border Protection (CBP) to assess Orders on China and the Antidumping NW, Washington, DC 20230; telephone: AD duties on all appropriate entries of Duty Order on Taiwan (202) 482–4031. PET film from China during the period AGENCY: Enforcement and Compliance, SUPPLEMENTARY INFORMATION: November 1, 2018, through October 31, International Trade Administration, 2019, at rates equal to the cash deposit Department of Commerce. Background rate for estimated AD duties required at SUMMARY: As a result of determinations the time of entry, or withdrawal from On November 1, 2019, Commerce by the Department of Commerce warehouse, for consumption, in published in the Federal Register a (Commerce) and the International Trade accordance with 19 CFR notice of opportunity to request an Commission (ITC) that revocation of the 351.212(c)(1)(i). Commerce intends to administrative review of the Order for antidumping duty (AD) and 1 issue appropriate assessment the POR. In accordance with section countervailing duty (CVD) orders on instructions to CBP 15 days after the 751(a)(1) of the Tariff Act of 1930, as crystalline silicon photovoltaic products date of publication of this notice in the amended (the Act), and 19 CFR from the People’s Republic of China Federal Register. 351.213(b), on November 27, 2019, (China) and revocation of the AD order Mitsubishi Polyester Film, Inc. and Notification to Importers on crystalline silicon photovoltaic SKC, Inc. (collectively, petitioners) products from Taiwan would likely lead timely requested a review of the Order This notice serves as the only to a continuation or recurrence of 2 with respect to four companies. On reminder to importers of their dumping and countervailable subsidies, January 17, 2020, in accordance with responsibility under 19 CFR as applicable, and material injury to an section 751(a) of the Act and 19 CFR 351.402(f)(2) to file a certificate industry in the United States within a 351.221(c)(1)(i), Commerce initiated an regarding the reimbursement of AD reasonably foreseeable time, Commerce administrative review of the Order with duties prior to liquidation of the is publishing a notice of continuation of respect to the four companies named by relevant entries during this review these AD and CVD orders. the petitioners.3 On February 10, 2020, period. Failure to comply with this DATES: Applicable September 11, 2020. the petitioners timely withdrew their requirement could result in the FOR FURTHER INFORMATION CONTACT: November 27, 2019 review request for presumption that reimbursement of AD Abdul Alnoor or Eva Kim, AD/CVD all four companies.4 duties occurred and the subsequent Operations, Office IV, Enforcement and assessment of doubled AD duties. Rescission of Review Compliance, International Trade Pursuant to 19 CFR 351.213(d)(1), Notification Regarding Administrative Administration, U.S. Department of Commerce will rescind an Protective Order Commerce, 1401 Constitution Avenue administrative review, in whole or in NW, Washington, DC 20230; telephone: part, if the party that requested the This notice also serves as the only (202) 482–4554 or (202) 482–8283, review withdraws its request within 90 reminder to parties subject to respectively. administrative protective orders (APO) days of the publication date of the SUPPLEMENTARY INFORMATION: notice of initiation of the requested of their responsibility concerning the review. The petitioners withdrew their disposition of proprietary information Background requests for review within the 90-day disclosed under APO in accordance On February 18, 2015, Commerce deadline. Because Commerce received with 19 CFR 351.305(a)(3), which published in the Federal Register the continues to govern business AD and CVD orders on crystalline proprietary information in this segment 1 See Antidumping or Countervailing Duty Order, silicon photovoltaic products from Finding, or Suspended Investigation; Opportunity of the proceeding. Timely written China and the AD order on crystalline to Request Administrative Review, 84 FR 58690 notification of the return or destruction (November 1, 2019); and Polyethylene silicon photovoltaic products from of APO materials or conversion to Taiwan.1 On January 2, 2020, the ITC Terephthalate Film, Sheet, and Strip from Brazil, judicial protective order is hereby the People’s Republic of China and the United Arab instituted and Commerce initiated the Emirates: Antidumping Duty Orders and Amended requested. Failure to comply with the first sunset reviews of the Orders Final Determination of Sales at Less Than Fair regulations and the terms of an APO is pursuant to section 751(c) of the Tariff Value for the United Arab Emirates, 73 FR 66595 a sanctionable violation. (November 10, 2008) (Order). Act of 1930, as amended (the Act).2 2 See Petitioners’ Letter, ‘‘Polyethylene This notice is issued and published in Terephthalate Film, Sheet, and Strip from the accordance with sections 751(a)(1) and 1 See Certain Crystalline Silicon Photovoltaic People’s Republic of China: Request for 777(i)(1) of the Act and 19 CFR Products from the People’s Republic of China: Antidumping Duty Administrative Review,’’ dated 351.213(d)(4). Antidumping Duty Order; and Amended Final November 27, 2019. Affirmative Countervailing Duty Determination and 3 See Initiation of Antidumping and Dated: August 3, 2020. Countervailing Duty Order, 80 FR 8592 (February Countervailing Duty Administrative Reviews, 85 FR 18, 2015); and Certain Crystalline Silicon 3014 (January 17, 2020). James Maeder, Photovoltaic Products from Taiwan: Antidumping 4 See Petitioners’ Letter ‘‘Polyethylene Deputy Assistant Secretary for Antidumping Duty Order, 80 FR 8596 (February 18, 2015) Terephthalate Film, Sheet, and Strip from the and Countervailing Duty Operations. (collectively, Orders). People’s Republic of China: Withdrawal of Request 2 See Initiation of Five-Year (Sunset) Reviews, 85 [FR Doc. 2020–20075 Filed 9–10–20; 8:45 am] for Antidumping Duty Administrative Review,’’ FR 67 (January 2, 2020); see also Certain Crystalline dated February 10, 2020. BILLING CODE 3510–DS–P Continued

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56216 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

Commerce conducted these sunset 8501.31.8000. These HTSUS SUMMARY: The Department of Commerce reviews on an expedited basis, pursuant subheadings are provided for (Commerce) preliminarily determines to section 751(c)(3)(B) of the Act and 19 convenience and customs purposes; the that countervailable subsidies are being CFR 351.218(e)(1)(ii)(C)(2) because it written description of the scope of the provided to producers and exporters of received timely and adequate notices of Orders is dispositive.6 mattresses from the People’s Republic of intent to participate in the sunset China. The period of investigation is Continuation of the Orders reviews and substantive responses from January 1, 2019 through December 31, domestic interested parties,3 but no As a result of the determinations by 2019. Interested parties are invited to substantive responses from respondent Commerce and the ITC that revocation comment on this preliminary interested parties. As a result of its of the Orders would likely lead to determination. reviews, Commerce determined, continuation or recurrence of a pursuant to sections 751(c)(1) and countervailable subsidy and dumping, DATES: Applicable September 11, 2020. 752(b) and (c) of the Act, that revocation as applicable, and material injury to an FOR FURTHER INFORMATION CONTACT: of the Orders would likely lead to industry in the United States, pursuant Theodore Pearson or Mary Kolberg, AD/ continuation or recurrence of a to section 751(d)(2) of the Act and 19 CVD Operations, Office I, Enforcement countervailable subsidy and dumping, CFR 351.218(a), Commerce hereby and Compliance, International Trade as applicable. Commerce also notified orders the continuation of the AD and Administration, U.S. Department of the ITC of the magnitude of the subsidy CVD orders on crystalline silicon Commerce, 1401 Constitution Avenue rates and dumping margins likely to photovoltaic products from China and NW, Washington, DC 20230; telephone: prevail should the Orders be revoked.4 the AD order on crystalline silicon (202) 482–2631 or (202) 482–1785, On September 4, the ITC published its photovoltaic products from Taiwan. respectively. determination, pursuant to sections U.S. Customs and Border Protection will 751(c) and 752(a) of the Act, that continue to collect AD and CVD cash SUPPLEMENTARY INFORMATION: revocation of the Orders would be likely deposits at the rates in effect at the time Background to lead to continuation or recurrence of of entry for all imports of subject material injury to an industry in the merchandise. The effective date of the This preliminary determination is United States within a reasonably continuation of the Orders will be the made in accordance with section 703(b) foreseeable time.5 date of publication in the Federal of the Tariff Act of 1930, as amended (the Act). Commerce published the Scope of the Orders Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act notice of initiation of this investigation The merchandise covered by these and 19 CFR 351.218(c)(2), Commerce on April 24, 2020.1 On June 10, 2020, Orders is crystalline silicon intends to initiate the next sunset Commerce postponed the preliminary photovoltaic products from China and review of the Orders not later than 30 determination of this investigation to Taiwan. Merchandise covered by the days prior to the fifth anniversary of the August 28, 2020. For a complete Orders is currently classified in the effective date of continuation. description of the events that followed Harmonized Tariff Schedule of the the initiation of this investigation, see United States (HTSUS) under Notification to Interested Parties the Preliminary Decision subheadings 8501.61.0000, These five-year sunset reviews and Memorandum.2 A list of topics 8507.20.8030, 8507.20.8040, this notice are in accordance with discussed in the Preliminary Decision 8507.20.8060, 8507.20.8090, sections 751(c) and 751(d)(2) of the Act Memorandum is included as Appendix 8541.40.60.15, 8541.40.6020, and this notice is published pursuant to II to this notice. The Preliminary 8541.40.6030, 8541.40.60.35 and section 777(i)(1) of the Act and 19 CFR Decision Memorandum is a public 351.218(f)(4). document and is on file electronically Silicon Photovoltaic Products from China and via Enforcement and Compliance’s Taiwan; Institution of Five-Year Reviews, 85 FR 120 Dated: September 4, 2020. (January 2, 2020). Jeffrey I. Kessler, Antidumping and Countervailing Duty 3 See Domestic Interested Parties’ Letters, Assistant Secretary for Enforcement and Centralized Electronic Service System ‘‘Crystalline Silicon Photovoltaic Products from Compliance. (ACCESS). ACCESS is available to China and Taiwan: Intent to Participate in Sunset [FR Doc. 2020–20076 Filed 9–10–20; 8:45 am] registered users at http:// Reviews,’’ dated January 13, 2020; ‘‘Crystalline access.trade.gov. The signed and Silicon Photovoltaic Products from People Republic BILLING CODE 3510–DS–P of China and Taiwan: Hanwha Q CELLS USA, Inc.’s electronic versions of the Preliminary Notice of Intent to Participate in Sunset Reviews,’’ Decision Memorandum are identical in dated January 17, 2020; ‘‘Crystalline Silicon content. Photovoltaic Products from China and Taiwan DEPARTMENT OF COMMERCE Sunset Reviews: Substantive Response of SPMOR,’’ Scope of the Investigation dated February 3, 2020; and ‘‘Certain Crystalline International Trade Administration Silicon Photovoltaic Products from China and The products covered by this Taiwan, Inv. Nos. 701–TA–511 and 731–TA–1246 [C–570–128] and 1247 (1st Sunset Review); Hanwha Q CELLS investigation are mattresses from the USA, Inc.’s Substantive Response,’’ dated February Mattresses From the People’s Republic People’s Republic of China. For a 3, 2020. of China: Preliminary Affirmative complete description of the scope of this 4 See Crystalline Silicon Photovoltaic Products Countervailing Duty Determination, investigation, see Appendix I. from the People’s Republic of China and Taiwan: Final Results of the Expedited First Sunset Reviews and Alignment of Final Determination of the Antidumping Duty Orders, 85 FR 26938 (May With Final Antidumping Duty 1 See Mattresses from the People’s Republic of 6, 2020); and Certain Crystalline Silicon Determination China: Initiation of Countervailing Duty Photovoltaic Products from the People’s Republic of Investigation, 85 FR 22998 (April 24, 2020) China: Final Results of the Expedited Sunset AGENCY: Enforcement and Compliance, (Initiation Notice). Review of the Countervailing Duty Order, 85 FR International Trade Administration, 2 See Memorandum, ‘‘Decision Memorandum for 26929 (May 6, 2020) (collectively, Final Results). the Preliminary Determination of the 5 See Crystalline Silicon Photovoltaic Products Department of Commerce. Countervailing Duty Investigation of Mattresses from China and Taiwan: Sunset Review, from the People’s Republic of China,’’ dated Investigation Nos. 701–TA–511 and 731–TA–1246– 6 For a complete description of the scope of the concurrently with, and hereby adopted by, this 1247, 85 FR 55319 (September 4, 2020). Orders, see Final Results. notice (Preliminary Decision Memorandum).

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56217

Scope Comments it drew adverse inferences in selecting estimated subsidy rates established for In accordance with the preamble to from among the facts otherwise those companies individually Commerce’s regulations,3 the Initiation available. For further information, see examined, excluding any zero and de Notice set aside a period of time for ‘‘Use of Facts Otherwise Available and minimis rates and any rates based parties to raise issues regarding product Adverse Inferences’’ in the Preliminary entirely under section 776 of the Act. coverage (i.e., scope).4 Certain interested Decision Memorandum. Pursuant to section 705(c)(5)(A)(ii) of parties commented on the scope of the Alignment the Act, if the individual estimated investigation as it appeared in the countervailable subsidy rates In accordance with section 705(a)(1) Initiation Notice.5 Commerce intends to established for all exporters and of the Act and 19 CFR 351.210(b)(4), issue its preliminary decision regarding producers individually examined are and based on the petitioner’s request, comments concerning the scope of the zero, de minimis, or determined based we are aligning the final CVD antidumping duty (AD) and CVD entirely on facts otherwise available, determination in this investigation with investigations in the preliminary Commerce may use any reasonable the final determinations in the determinations of the concurrent AD method to establish the estimated concurrent AD investigations of investigations. subsidy rate for all other producers or mattresses from Cambodia, Indonesia, Methodology Malaysia, Serbia, Thailand, the Republic exporters. In this investigation, all rates are based entirely on facts available, Commerce is conducting this of Turkey, and the Socialist Republic of pursuant to section 776 of the Act. investigation in accordance with section Vietnam.7 Consequently, the final CVD Accordingly, we find under ‘‘any 701 of the Act. For each of the subsidy determination will be issued on the reasonable method’’ to rely on a simple programs found countervailable, same date as the final AD average of the total AFA rates computed Commerce preliminarily determines determinations, which are currently that there is a subsidy, i.e., a financial scheduled to be issued no later than for the non-responsive companies as the contribution by an ‘‘authority’’ that January 11, 2021, unless postponed. all-others rate in this preliminary gives rise to a benefit to the recipient, determination. For a full description of All-Others Rate and that the subsidy is specific.6 the methodology underlying Commerce notes that, in making these Sections 703(d) and 705(c)(5)(A) of Commerce’s analysis, see the findings, it relied on facts available and, the Act provide that in the preliminary Preliminary Decision Memorandum. because it finds that necessary determination, Commerce shall Preliminary Determination information was missing from the determine an estimated all-others rate record and because respondents did not for companies not individually Commerce preliminarily determines act to the best of their ability to respond examined. This rate shall be an amount that the following estimated to Commerce’s request for information, equal to the weighted average of the countervailable subsidy rates exist:

Estimated countervailable Company subsidy rate (percent)

Kewei Furniture Co Ltd ...... 97.78 Zinus Xiamen ...... 97.78 Ningbo Megafeat Bedding Co., Ltd./Megafeat Bedding Co Ltd ...... 97.78 Healthcare Co. Ltd ...... 97.78 All Others ...... 97.78

Suspension of Liquidation withdrawn from warehouse, for Disclosure consumption on or after the date of In accordance with section publication of this notice in the Federal Normally, Commerce discloses its 703(d)(1)(B) and (d)(2) of the Act, Register. Further, pursuant to 19 CFR calculations performed in connection Commerce will direct U.S. Customs and 351.205(d), Commerce will instruct CBP with the preliminary determination to Border Protection (CBP) to suspend to require a cash deposit equal to the interested parties within five days of its liquidation of entries of subject rates indicated above. public announcement, or if there is no merchandise as described in the scope public announcement, within five days of the investigation section entered, or of the date of publication of this notice

3 See Antidumping Duties; Countervailing Duties, Vietnam and the People’s Republic of China: Scope of Vietnam: Rebuttal Comments on the Scope of the Final Rule, 62 FR 27296, 27323 (May 19, 1997). Comments,’’ dated May 26, 2020; Brooklyn Less-Than-Fair Value and Countervailing Duty 4 See Initiation Notice. Bedding’s, Corsicana Mattress Company’s Elite Investigation,’’ dated June 5, 2020. 5 See Cozy Comfort LLC’s Letter, ‘‘Mattresses from Comfort Solutions’, FXI, Inc.’s, Innocor, Inc.’s, 6 See sections 771(5)(B) and (D) of the Act Kolcraft Enterprises, Inc.’s, Leggett & Platt, Cambodia, Indonesia, Malaysia, the People’s regarding financial contribution; section 771(5)(E) Incorporated’s, the International Brotherhood of Republic of China, Serbia, Thailand, the Republic of the Act regarding benefit; and section 771(5A) of Teamsters’, and United Steel, Paper, and Forestry, the Act regarding specificity. of Turkey, and the Socialist Republic of Vietnam; Rubber, Manufacturing, Energy, Allied Industrial 7 Comments on the Scope of the Less-Than-Fair- and Service Workers International Union’s, AFL– These AD investigations were initiated at the Value and Countervailing Duty Investigations,’’ CIO’s (USW) (collectively, the petitioners) Letter, same time as this CVD investigation. In addition, dated May 26, 2020; see also Night & Day Furniture ‘‘Mattresses from Cambodia, China, Indonesia, the AD investigations and this CVD investigation LLC’s Letter, ‘‘Mattresses from Cambodia, China, Malaysia, Serbia, Thailand, Turkey, and Vietnam: cover the same class or kind of merchandises. See Indonesia, Malaysia, Serbia, Thailand, Turkey, and Mattress Petitioner’s Scope Rebuttal Comments,’’ Initiation Notice; see also Mattresses from Vietnam,’’ dated May 26, 2020; Target General dated June 5, 2020; and Cozy Comfort LLC’s Letter, Cambodia, Indonesia, Malaysia, Serbia, Thailand, Merchandise, Inc.’s Letter, ‘‘Mattresses from ‘‘Mattresses from Cambodia, Indonesia, Malaysia, the Republic of Turkey, and the Socialist Republic Cambodia, Indonesia, Malaysia, Serbia, Thailand, the People’s Republic of China, Serbia, Thailand, of Vietnam: Initiation of Less-Than-Fair-Value the Republic of Turkey, the Socialist Republic of the Republic of Turkey, and the Socialist Republic Investigations, 85 FR 23002 (April 24, 2020).

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56218 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

in accordance with 19 CFR 351.224(b). preliminary determination or 45 days ‘‘boxsprings,’’ ‘‘platforms,’’ and/or ‘‘bases.’’ However, because Commerce after the final determination. Bases can be static, foldable, or adjustable. preliminarily applied total AFA rates in Only the mattress is covered by the scope if Notification to Interested Parties the calculation of the benefit for the imported as part of furniture, with furniture mechanisms, or as part of a set, in non-responsive companies, and the This determination is issued and published pursuant to sections 703(f) combination with a mattress foundation. applied AFA rates are based on rates Excluded from the scope of this calculated in prior proceedings, there and 777(i) of the Act and 19 CFR investigation are ‘‘futon’’ mattresses. A are no calculations to disclose. 351.205(c). ‘‘futon’’ is a bi-fold frame made of wood, Dated: August 28, 2020. metal, or plastic material, or any combination Verification thereof, that functions as both seating Jeffrey I. Kessler, Because the examined respondents in furniture (such as a couch, love seat, or sofa) Assistant Secretary for Enforcement and and a bed. A ‘‘futon mattress’’ is a tufted this investigation did not provide Compliance. information requested by Commerce mattress, where the top covering is secured Appendix I—Scope of the Investigation to the bottom with thread that goes and Commerce preliminarily determines completely through the mattress from the top each of the examined respondents to The products covered by this investigation through to the bottom, and it does not have been uncooperative, it will not are all types of youth and adult mattresses. contain innersprings or foam. A futon conduct verification. The term ‘‘mattress’’ denotes an assembly of mattress is both the bed and seating surface materials that at a minimum includes a for the futon. Public Comment ‘‘core,’’ which provides the main support Also excluded from the scope are airbeds Case briefs or other written comments system of the mattress, and may consist of (including inflatable mattresses) and may be submitted to the Assistant innersprings, foam, other resilient filling, or waterbeds, which consist of air—or liquid- Secretary for Enforcement and a combination of these materials. Mattresses filled bladders as the core or main support Compliance no later than 50 days after may also contain (1) ‘‘upholstery,’’ the system of the mattress. Also excluded is certain multifunctional the date of publication of the material between the core and the top panel of the ticking on a single-sided mattress, or furniture that is convertible from seating to preliminary determination. Rebuttal between the core and the top and bottom sleeping, regardless of filler material or briefs, limited to issues raised in case panel of the ticking on a double-sided components, where that filler material or briefs, may be submitted no later than mattress; and/or (2) ‘‘ticking,’’ the outermost components are upholstered, integrated into five days after the deadline date for case layer of fabric or other material (e.g., vinyl) the design and construction of, and briefs.8 Pursuant to 19 CFR that encloses the core and any upholstery, inseparable from, the furniture framing, and 351.309(c)(2) and (d)(2), parties who also known as a cover. the outermost layer of the multifunctional submit case briefs or rebuttal briefs in The scope of this investigation is restricted furniture converts into the sleeping surface. this investigation are encouraged to to only ‘‘adult mattresses’’ and ‘‘youth Such furniture may, and without limitation, be commonly referred to as ‘‘convertible submit with each argument: (1) A mattresses.’’ ‘‘Adult mattresses’’ are frequently described as ‘‘twin,’’ ‘‘extra-long sofas,’’ ‘‘sofa beds,’’ ‘‘sofa chaise sleepers,’’ statement of the issue; (2) a brief twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California ‘‘futons,’’ ‘‘ottoman sleepers’’ or a like summary of the argument; and (3) a king’’ mattresses. ‘‘Youth mattresses’’ are description. table of authorities. typically described as ‘‘crib,’’ ‘‘toddler,’’ or Also excluded from the scope of this Pursuant to 19 CFR 351.310(c), ‘‘youth’’ mattresses. All adult and youth investigation are any products covered by the interested parties who wish to request a mattresses are included regardless of size or existing antidumping duty orders on hearing, limited to issues raised in the size description. uncovered innerspring units from China or case and rebuttal briefs, must submit a The scope encompasses all types of Vietnam. See Uncovered Innerspring Units written request to the Assistant ‘‘innerspring mattresses,’’ ‘‘non-innerspring from the People’s Republic of China: Notice Secretary for Enforcement and mattresses,’’ and ‘‘hybrid mattresses.’’ of Antidumping Duty Order, 74 FR 7661 (Feb. ‘‘Innerspring mattresses’’ contain 19, 2009); Uncovered Innerspring Units From Compliance, U.S. Department of innersprings, a series of metal springs joined the Socialist Republic of Vietnam, 73 FR Commerce within 30 days after the date together in sizes that correspond to the 75391 (Dec. 11, 2008). of publication of this notice. Requests dimensions of mattresses. Mattresses that Also excluded from the scope of this should contain the party’s name, contain innersprings are referred to as investigation are bassinet pads with a address, and telephone number, the ‘‘innerspring mattresses’’ or ‘‘hybrid nominal length of less than 39 inches, a number of participants, whether any mattresses.’’ ‘‘Hybrid mattresses’’ contain two nominal width less than 25 inches, and a participant is a foreign national, and a or more support systems as the core, such as nominal depth of less than 2 inches. list of the issues to be discussed. If a layers of both memory foam and innerspring Additionally, also excluded from the scope request for a hearing is made, Commerce units. of this investigation are ‘‘mattress toppers.’’ ‘‘Non-innerspring mattresses’’ are those A ‘‘mattress topper’’ is a removable bedding intends to hold the hearing at a time and that do not contain any innerspring units. accessory that supplements a mattress by date to be determined. Parties should They are generally produced from foams providing an additional layer that is placed confirm by telephone the date, and time (e.g., polyurethane, memory (viscoelastic), on top of a mattress. Excluded mattress of the hearing two days before the latex foam, gel-infused viscoelastic (gel toppers have a nominal height of four inches scheduled date. foam), thermobonded polyester, or less. polyethylene) or other resilient filling. The products subject to this investigation International Trade Commission Mattresses covered by the scope of this are currently properly classifiable under Notification investigation may be imported Harmonized Tariff Schedule of the United In accordance with section 703(f) of independently, as part of furniture or States (HTSUS) subheadings: 9404.21.0010, the Act, Commerce will notify the furniture mechanisms (e.g., convertible sofa 9404.21.0013, 9404.29.1005, 9404.29.1013, International Trade Commission (ITC) of bed mattresses, sofa bed mattresses imported 9404.29.9085, and 9404.29.9087. Products with sofa bed mechanisms, corner group subject to this investigation may also enter its determination. If the final mattresses, day-bed mattresses, roll-away bed under HTSUS subheadings: 9404.21.0095, determination is affirmative, the ITC mattresses, high risers, trundle bed 9404.29.1095, 9404.29.9095, 9401.40.0000, will make its determination before the mattresses, crib mattresses), or as part of a set and 9401.90.5081. Although the HTSUS later of 120 days after the date of this in combination with a ‘‘mattress foundation.’’ subheadings are provided for convenience ‘‘Mattress foundations’’ are any base or and customs purposes, the written 8 See 19 CFR 351.309; see also 19 CFR 351.303 support for a mattress. Mattress foundations description of the merchandise subject to this (for general filing requirements). are commonly referred to as ‘‘foundations,’’ investigation is dispositive.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56219

Appendix II—List of Topics Discussed The beluga whales were born at The permit is valid through August 31, in the Preliminary Decision Marineland of Canada and NMFS 2025. Memorandum considers one of the beluga whales to be An Environmental Assessment (EA) a member of the depleted Sakhalin Bay- was prepared analyzing the effects of I. Summary Nikolaya Bay-Amur River stock, because the permitted activities on the human II. Background both parents are likely from the III. Scope Comments environment in compliance with the IV. Scope of the Investigation depleted stock. Four of the whales have National Environmental Policy Act of V. Use of Facts Available and Adverse mixed-stock parentage (i.e., one parent 1969 (42 U.S.C. 4321 et seq.). Inferences likely from the depleted stock and the Based on the analyses in the EA, VI. Analysis of Programs other from a stock that has not been NMFS determined that issuance of the VII. Calculation of the All-Others Rate designated as depleted). For purposes of permit would not significantly impact VIII. Recommendation this permit application, NMFS has the quality of the human environment [FR Doc. 2020–20073 Filed 9–10–20; 8:45 am] treated all five whales as depleted. and that preparation of an BILLING CODE P The purpose of the research is to environmental impact statement was contribute knowledge and inform not required. That determination is management and recovery of beluga documented in a Finding of No DEPARTMENT OF COMMERCE whale populations in the wild including Significant Impact (FONSI), signed on the endangered Cook Inlet beluga whale August 27, 2020. National Oceanic and Atmospheric distinct population segment and the Administration depleted Sakhalin Bay-Nikolaya Bay- Dated: September 8, 2020. Amur River beluga whale stock. Julia Marie Harrison, [RTID 0648–XA471] Research authorized includes the Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Mammals; File No. 22629 following Studies: (1) Neuroimmunological response to Marine Fisheries Service. AGENCY: National Marine Fisheries environmental and anthropogenic [FR Doc. 2020–20061 Filed 9–10–20; 8:45 am] Service (NMFS), National Oceanic and stressors; (2) Development of novel non- BILLING CODE 3510–22–P Atmospheric Administration (NOAA), invasive techniques to assess health in Commerce. free-ranging, stranded and endangered DEPARTMENT OF COMMERCE ACTION: Notice; issuance of permit. beluga whales; (3) Hearing and physiological response to anthropogenic National Oceanic and Atmospheric SUMMARY: Notice is hereby given that a sound; (4) Photogrammetry body Administration permit has been issued to Mystic condition studies; (5) Diving Aquarium (Responsible Party: Stephen physiology; (6) Microbiome; and (8) Evaluation of National Estuarine M. Coan, Ph.D.) to import five beluga Testing of prototype telemetry and Research Reserve; Public Meeting; whales (Delphinapterus leucas) for imaging devices before deployment on Request for Comments scientific research. wild beluga whales. The permit does ADDRESSES: The permit and related not authorize Study 7 (Behavioral and AGENCY: Office for Coastal Management documents are available online at reproduction studies) including (OCM), National Ocean Service (NOS), https://www.fisheries.noaa.gov/action/ breeding of any of the imported beluga National Oceanic and Atmospheric permit-application-import-5-beluga- whales but includes reproductive Administration (NOAA), Department of whales-scientific-research-file-no-22629- monitoring as part of husbandry Commerce (DOC). mystic-aquarium. activities. Mystic Aquarium must ACTION: Notice of public meeting and submit a plan to provide safe and FOR FURTHER INFORMATION CONTACT: opportunity to comment. effective contraception or other means Amy Sloan ([email protected]), to prevent breeding of the five subject SUMMARY: Courtney Smith (courtney.smith@ The National Oceanic and beluga whales, for approval by the noaa.gov), or Jennifer Skidmore Atmospheric Administration (NOAA), Office Director prior to importation. Office for Coastal Management will hold ([email protected]), (301) Consistent with other research 427–8401. a public meeting to solicit comments on permits authorizing captive the performance evaluation of the SUPPLEMENTARY INFORMATION: On maintenance, the permit is conditioned Delaware National Estuarine Research October 1, 2019, notice was published to require approval by the Office Reserve. in the Federal Register (84 FR 52072) Director for any transfer or transport of that a request for a permit to import five the imported whales, including any DATES: NOAA will consider all written beluga whales for scientific research had transport to the Georgia Aquarium, and comments received by October 23, 2020. been submitted by the above-named disposition of the whales at the A virtual public meeting will be held on applicant. A public hearing on this termination of research. Consistent with Wednesday, October 14, 2020 at 12 p.m. action was held on November 18, 2019 NMFS’ regulations, public display is EDT. (84 FR 58694). The requested permit has authorized incidental to the research. ADDRESSES: You may submit written been issued under the authority of the This incidental public display must not comments on the national estuarine Marine Mammal Protection Act of 1972, interfere with the research and must research reserve NOAA intends to as amended (16 U.S.C. 1361 et seq.) and occur as part of an educational program evaluate by emailing Carrie Hall, the regulations governing the taking and describing the status of the species and Evaluator, NOAA Office for Coastal importing of marine mammals (50 CFR its endangered and depleted stocks. The management at [email protected]. part 216). animals may not be used in public Timely comments received by the Office The permit authorizes the importation interactive programs or be trained for for Coastal Management are considered of five captive-born beluga whales from performance. Public demonstrations in part of the public record and may be Marineland of Canada (Niagara Falls, which the whales perform trained publicly accessible. Any personal Ontario, Canada) to Mystic Aquarium husbandry, medical, research-related, information (e.g., name, address) (Mystic, Connecticut, United States). and natural behaviors are authorized. submitted voluntarily by the sender may

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56220 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

also be publicly accessible. NOAA will DEPARTMENT OF COMMERCE management program’s 2016–2020 accept anonymous comments. Assessment and Strategy, and the National Oceanic and Atmospheric You may also provide public Reserve’s management plan and site Administration comments during the virtual public profile may be viewed and downloaded meeting, which is being held on the internet at http://coast.noaa.gov/ Evaluation of State Coastal czm/evaluations. A copy of the Wednesday, October 14, 2020 at 12 p.m. Management Program; Public Meeting; evaluation notification letter and most EDT. To participate in the virtual public Request for Comments recent progress reports may be obtained meeting, registration is required at least AGENCY: upon request by contacting Ralph two hours in advance by Wednesday, Office for Coastal Management (OCM), National Ocean Service (NOS), Cantral. October 14, 2020, at 10 a.m. EDT. National Oceanic and Atmospheric Advance registration is available via the SUPPLEMENTARY INFORMATION: Section Administration (NOAA), Department of 312 of the Coastal Zone Management following website: http:// Commerce (DOC). noaacsc.adobeconnect.com/ Act (CZMA) requires NOAA to conduct ACTION: Notice of public meeting; periodic evaluations of federally depublicmeeting/event/event_info.html. request for comments. approved state coastal programs. The You may participate online or by phone. process includes one or more public SUMMARY: The National Oceanic and If you would like to provide comment meetings, consideration of written Atmospheric Administration (NOAA), during the public meeting, please select public comments, and consultations Office for Coastal Management will hold ‘‘yes’’ during the online registration. with interested Federal, state, and local a public meeting and solicit written The line-up of speakers will be based on agencies and members of the public. For comments on the performance the date and time of registration. the evaluation of the Illinois Coastal evaluation of the Illinois Coastal Management Program, NOAA will FOR FURTHER INFORMATION CONTACT: Management Program. Carrie Hall, Evaluator, NOAA Office for consider the extent to which the state DATES: NOAA will consider all written has met the national objectives, adhered Coastal Management by email at comments received by November 6, [email protected] or by phone at to the management program approved 2020. The virtual public meeting will be by the Secretary of Commerce, and (240) 533–0730. Copies of the previous held on Wednesday October 28, 2020 at evaluation findings, reserve adhered to the terms of financial 1 p.m. CDT. assistance under the CZMA. When the management plan, and reserve site ADDRESSES: You may submit written evaluation is completed, NOAA’s Office profile may be viewed and downloaded comments on the coastal management for Coastal Management will place a on the internet at http://coast.noaa.gov/ program NOAA intends to evaluate by notice in the Federal Register czm/evaluations. A copy of the emailing Ralph Cantral, Senior Advisor, announcing the availability of the Final evaluation notification letter and most NOAA Office for Coastal Management at Evaluation Findings. recent progress report may be obtained [email protected]. Timely upon request by contacting Carrie Hall. comments received by the Office for Keelin Kuipers, Coastal Management are considered part Deputy Director, Office for Coastal SUPPLEMENTARY INFORMATION: Section of the public record and may be Management, National Ocean Service, 312 of the Coastal Zone Management publicly accessible. Any personal National Oceanic and Atmospheric Act (CZMA) requires NOAA to conduct identifying information (e.g., name, Administration. periodic evaluations of federally address) submitted voluntarily by the [FR Doc. 2020–20095 Filed 9–10–20; 8:45 am] approved state coastal programs. The sender may also be publicly accessible. BILLING CODE 3510–JE–P process includes one or more public NOAA will accept anonymous meetings, consideration of written comments. public comments, and consultations You may also provide public DEPARTMENT OF COMMERCE with interested Federal, state, and local comments during the virtual public National Oceanic and Atmospheric agencies and members of the public. meeting which is being held Administration During the evaluation, NOAA will Wednesday, October 28, 2020 at 1 p.m. consider the extent to which the state of CDT. To participate in the virtual public [RTID 0648–XA468] Delaware has met the national meeting, registration is required at least Marine Mammals; File No. 23858 objectives, adhered to the management two hours in advance by Wednesday, program approved by the Secretary of October 28, 2020 at 11 a.m. CDT. AGENCY: National Marine Fisheries Commerce, and adhered to the terms of Advance registration is available via the Service (NMFS), National Oceanic and financial assistance under the CZMA. following website: http:// Atmospheric Administration (NOAA), When the evaluation is completed, noaacsc.adobeconnect.com/ Commerce. illinoiscmppublicmeeting/event/event_ NOAA’s Office for Coastal Management ACTION: Notice; receipt of application. info.html. You may participate online or will place a notice in the Federal by phone. If you would like to provide Register announcing the availability of SUMMARY: Notice is hereby given that comment during the public meeting, the Final Evaluation Findings. the NMFS’ Marine Mammal Laboratory, please select ‘‘yes’’ during the online 7600 Sand Point Way NE, Seattle, WA Keelin Kuipers, registration. The line-up of speakers will 98115–6349 (Responsible Party: John Deputy Director, Office for Coastal be based on your date and time of Bengtson, Ph.D.), has applied in due Management, National Ocean Service, registration. form for a permit to conduct research on National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: pinnipeds in Alaska. Administration. Ralph Cantral, Senior Advisor, NOAA DATES: Written, telefaxed, or email [FR Doc. 2020–20096 Filed 9–10–20; 8:45 am] Office for Coastal Management by phone comments must be received on or before BILLING CODE 3510–JE–P at (301) 233–2998 or email October 13, 2020. [email protected]. Copies of the ADDRESSES: The application and related previous evaluation findings, the coastal documents are available for review by

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56221

selecting ‘‘Records Open for Public 1,750 ribbon, 6,700 ringed, and 4,500 Additions Comment’’ from the ‘‘Features’’ box on spotted seals. Authorization is requested If the Committee approves the the Applications and Permits for for up to 15 unintentional mortalities of proposed additions, the entities of the Protected Species (APPS) home page, each species over the life of the permit, Federal Government identified in this https://apps.nmfs.noaa.gov, and then not to exceed 5 annually. Up to 500 notice will be required to procure the selecting File No. 23858 from the list of Steller sea lions (Eumetopias jubatus) of services listed below from nonprofit available applications. These documents the Eastern Distinct Population Segment agencies employing persons who are are also available upon written request may be taken annually by incidental blind or have other severe disabilities. via email to NMFS.Pr1Comments@ harassment during harbor seal aerial The following services are proposed noaa.gov. surveys. for addition to the Procurement List for Written comments on this application In compliance with the National production by the nonprofit agencies should be submitted via email to Environmental Policy Act of 1969 (42 listed: [email protected]. Please U.S.C. 4321 et seq.), an initial include File No. 23858 in the subject determination has been made that the Services line of the email comment. activity proposed is categorically Service Type: Janitorial Service Those individuals requesting a public excluded from the requirement to Mandatory for: U.S. Department of Energy, hearing should submit a written request prepare an environmental assessment or Hanford Site and Richland North Areas, via email to NMFS.Pr1Comments@ environmental impact statement. Richland, WA noaa.gov. The request should set forth Concurrent with the publication of Mandatory Source of Supply: Nobis the specific reasons why a hearing on this notice in the Federal Register, Enterprises, Inc., Marietta, GA this application would be appropriate. NMFS is forwarding copies of the Contracting Activity: ENERGY, DEPARTMENT OF, RICHLAND FOR FURTHER INFORMATION CONTACT: Sara application to the Marine Mammal OPERATIONS OFFICE Commission and its Committee of Young or Carrie Hubard, (301) 427– Service Type: Janitorial Service 8401. Scientific Advisors. Mandatory for: Federal Aviation SUPPLEMENTARY INFORMATION: The Dated: September 8, 2020. Administration, Norfolk Air Traffic subject permit is requested under the Julia Marie Harrison, Control Tower, Virginia Beach, VA and Patrick Henry Field Air Traffic Control authority of the Marine Mammal Chief, Permits and Conservation Division, Tower, Newport News, VA Office of Protected Resources, National Protection Act of 1972, as amended Mandatory Source of Supply: Portco, Inc., Marine Fisheries Service. (MMPA; 16 U.S.C. 1361 et seq.), the Portsmouth, VA regulations governing the taking and [FR Doc. 2020–20060 Filed 9–10–20; 8:45 am] Contracting Activity: FEDERAL AVIATION importing of marine mammals (50 CFR BILLING CODE 3510–22–P ADMINISTRATION, 697DCK part 216), the Endangered Species Act of REGIONAL ACQUISITIONS SVCS 1973, as amended (ESA; 16 U.S.C. 1531 Service Type: Janitorial Service et seq.), and the regulations governing COMMITTEE FOR PURCHASE FROM Mandatory for: FAA, Air Traffic Control the taking, importing, and exporting of PEOPLE WHO ARE BLIND OR Tower, Roanoke, VA endangered and threatened species (50 SEVERELY DISABLED Mandatory Source of Supply: Goodwill CFR parts 222–226). Industries of the Valleys, Inc., Roanoke, The applicant requests a five-year Procurement List; Proposed Additions VA permit for takes of bearded (Erignathus Contracting Activity: FEDERAL AVIATION AGENCY: Committee for Purchase From ADMINISTRATION, 697DCK barbatus), harbor (Phoca vitulina), REGIONAL ACQUISITIONS SVCS ribbon (Histriophoca fasciata), ringed People Who Are Blind or Severely (Phoca hispida), and spotted seals Disabled. Michael R. Jurkowski, (Phoca largha) in the North Pacific ACTION: Proposed additions to the Deputy Director, Business & PL Operations. Ocean, Bering Sea, Arctic Ocean, and Procurement List. [FR Doc. 2020–20059 Filed 9–10–20; 8:45 am] coastal regions of Alaska. The purposes SUMMARY: The Committee is proposing BILLING CODE 6353–01–P of the research are to investigate the to add services to the Procurement List foraging ecology, population abundance that will be furnished by nonprofit and trends, population structure, habitat agencies employing persons who are DEPARTMENT OF DEFENSE requirements, health, vital rates, and blind or have other severe disabilities. effects of natural and anthropogenic [Docket Number: DARS–2020–0021; OMB DATES: Comments must be received on factors on these species. Annually, up to Control Number 0704–0272] 150 of each ice-associated seal species or before: October 11, 2020. (bearded, ribbon, ringed, and spotted) ADDRESSES: Committee for Purchase Defense Acquisition Regulations and up to 250 harbor seals may be From People Who Are Blind or Severely System captured, handled, and released for Disabled, 1401 S Clark Street, Suite 715, measurement of body condition, Arlington, Virginia 22202–4149. Information Collection Requirement; collection of tissue samples, FOR FURTHER INFORMATION CONTACT: For Defense Federal Acquisition deployment of telemetry devices, and further information or to submit Regulation Supplement; Occupational other procedures as described in the comments contact: Michael R. Safety, Drug-Free Work Force and application. An additional 3,000 of each Jurkowski, Telephone: (703) 603–2117, Related Clauses Fax: (703) 603–0655, or email ice associated seal species and 5,500 AGENCY: Defense Acquisition harbor seals may be incidentally [email protected]. Regulations System, Department of harassed annually during capture SUPPLEMENTARY INFORMATION: This Defense (DoD). activities or collection of feces and other notice is published pursuant to 41 ACTION: Notice and request for samples from haul-out substrate. U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its comments regarding a proposed Annual takes by harassment during purpose is to provide interested persons extension of an approved information aerial surveys (manned and unmanned) an opportunity to submit comments on collection requirement. include 3,200 bearded, 6,000 harbor, the proposed actions.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56222 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

SUMMARY: In compliance with the Reporting Frequency: On occasion. solicitation, the place of performance of Paperwork Reduction Act of 1995, DoD Needs and Uses: This information all ammunition and explosives work announces the proposed revision and collection requires that an offeror or covered by the Safety Precautions for extension of a public information contractor submit information to DoD in Ammunition and Explosives clause of collection requirement, and seeks public response to DFARS solicitation four the solicitation. Paragraphs (b) and (c) comment on the provisions thereof. DoD contract clauses relating to occupational require the offeror or contractor to invites comments on: Whether the safety and drug-free work force program. obtain written permission from the proposed collection of information is DoD contracting officers use this contracting officer before changing the necessary for the proper performance of information to— place of performance after the date set the functions of DoD, including whether Æ Verify compliance with for receipt of offers or after contract the information will have practical requirements for labeling of hazardous award. utility; the accuracy of the estimate of materials; Æ DFARS 252.223–7007, Æ the burden of the proposed information Ensure contractor compliance and Safeguarding Sensitive Conventional collection; ways to enhance the quality, monitor subcontractor compliance with Arms, Ammunition, and Explosives. utility, and clarity of the information to DoD 4145.26–M, DoD Contractors’ Paragraph (e) requires the contractor to be collected; and ways to minimize the Safety Manual for Ammunition and notify the cognizant Defense Security burden of the information collection on Explosives, and minimize risk of Service field office within 10 days after respondents, including the use of mishaps; award of any subcontract involving Æ automated collection techniques or Identify the place of performance of sensitive conventional arms, other forms of information technology. all ammunition and explosives work; ammunition, and explosives within the and scope of DoD 5100.76–M. The Office of Management and Budget Æ Æ (OMB) has approved this information Ensure contractor compliance and DFARS 252.223–7004, Drug-Free collection requirement for use through monitor subcontractor compliance with Work Force. The clause requires that November 30, 2020. DoD proposes that DoD 5100.76–M, Physical Security of certain contractors maintain records OMB extend its approval for use for Sensitive Conventional Arms, necessary to demonstrate reasonable three additional years beyond the Ammunition, and Explosives. efforts to eliminate the unlawful use by Æ Ensure compliance with the clause current expiration date. contractor employees of controlled program requirements with regard to substances. DoD does not regularly DATES: DoD will consider all comments programs for achieving the objective of collect any information with regard to received by November 10, 2020. a drug-free work force; requires this clause. ADDRESSES: You may submit comments, contractor recordkeeping. identified by OMB Control Number This information collection addresses Jennifer Lee Hawes, 0704–0272, using any of the following the following requirements: Regulatory Control Officer, Defense methods: Æ DFARS 252.223–7001, Hazard Acquisition Regulations System. Æ Federal eRulemaking Portal: http:// Warning Labels. Paragraph (c) requires [FR Doc. 2020–19984 Filed 9–10–20; 8:45 am] www.regulations.gov. Follow the all offerors to list which hazardous BILLING CODE 5001–06–P instructions for submitting comments. materials will be labeled in accordance Æ Email: [email protected]. Include with certain statutory requirements OMB Control Number 0704–0272 in the instead of the Hazard Communication DEPARTMENT OF DEFENSE subject line of the message. Standard. Paragraph (d) requires only Æ Fax: 571–372–6094. Defense Acquisition Regulations the apparently successful offeror to System Æ Mail: Defense Acquisition submit, before award, a copy of the Regulations System, Attn: Ms. Kimberly hazard warning label for all hazardous [Docket DARS–2020–0025; OMB Control Ziegler, OUSD(A&S)DPC/DARS, Room materials not listed in paragraph (c) of Number 0704–0248] 3B938, 3060 Defense Pentagon, the clause. Washington, DC 20301–3060. Æ DFARS 252.223–7002, Safety Information Collection Requirement; Comments received generally will be Precautions for Ammunition and Defense Federal Acquisition posted without change to http:// Explosives. Paragraph (c)(2) requires the Regulation Supplement (DFARS); www.regulations.gov, including any contractor, within 30 days of Inspection and Receiving Report personal information provided. notification of noncompliance with DoD AGENCY: Defense Acquisition FOR FURTHER INFORMATION CONTACT: Ms. 4145.26–M, to notify the contracting Regulations System, Department of Kimberly Ziegler, 571–372–6095. officer of actions taken to correct the Defense (DoD). SUPPLEMENTARY INFORMATION: noncompliance. Paragraph (d)(1) ACTION: Notice and request for Title and OMB Number: Environment, requires the contractor to notify the comments regarding a proposed Energy and Water Efficiency, Renewable contracting officer immediately of any extension of an approved information Energy Technologies, Occupational mishaps involving ammunition or collection requirement. Safety, and Drug-free Workplace—DoD explosives. Paragraph (d)(3) requires the FAR Supplement Part 223; OMB Control contractor to submit a written report of SUMMARY: In compliance with the Number 0704–0272. the investigation of the mishap to the Paperwork Reduction Act of 1995, DoD Type of Request: Extension. contracting officer. Paragraph (g)(4) announces the proposed extension of a Affected Public: Businesses or other requires the contractor to notify the public information collection for-profit and not-for-profit institutions. contracting officer before placing a requirement and seeks public comment Respondent’s Obligation: Required to subcontract for ammunition or on the provisions thereof. DoD invites obtain or retain benefits. explosives. comments on: Whether the proposed Respondents: 4,527. Æ DFARS 252.223–7003, Changes in collection of information is necessary Annual Responses: 70,346. Place of Performance—Ammunition for the proper performance of the Estimated Hours: 581,165 hours. and Explosives. Paragraph (a) requires functions of DoD, including whether the (48,525 reporting hours and 532,640 the offeror to identify, in the Place of information will have practical utility; recordkeeping hours). Performance provision of the the accuracy of the estimate of the

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56223

burden of the proposed information submission of contractor payment 2020. DoD proposes that OMB extend its collection; ways to enhance the quality, requests and receiving reports using approval for use for three additional utility, and clarity of the information to Wide Area WorkFlow (WAWF). 10 years beyond the current expiration be collected; and ways to minimize the U.S.C. 2227(c) requires electronic date. burden of the information collection on submission and processing of claims for DATES: DoD will consider all comments contract payments under DoD contracts. respondents, including the use of received by November 10, 2020. automated collection techniques or DoD has designated WAWF as the other forms of information technology. designated platform for contractors to ADDRESSES: You may submit comments, The Office of Management and Budget submit payment requests and identified by OMB Control Number (OMB) has approved this information supporting documentation, including 0704–0252, using any of the following collection for use through December 31, receiving reports. WAWF supports the methods: 2020. DoD proposes that OMB extend its preparation and distribution of Federal eRulemaking Portal: http:// approval for use for three additional electronic equivalents for the DD Form www.regulations.gov. Follow the years beyond the current expiration 250, Material Inspection and Receiving instructions for submitting comments. date. Report, and DD Form 250 series Email: [email protected]. Include equivalents for repair of Government OMB Control Number 0704–0252 in the DATES: DoD will consider all comments property and energy-related overland or subject line of the message. received by November 10, 2020. waterborne shipments. Mail: Defense Acquisition Regulations ADDRESSES: You may submit comments, System, Attn: Ms. Carrie Moore, identified by OMB Control Number Jennifer Lee Hawes, OUSD(A&S)DPC(DARS), 3060 Defense 0704–0248, using any of the following Regulatory Control Officer, Defense Pentagon, Room 3B938, Washington, DC methods: Acquisition Regulations System. 20301–3060. Æ Federal eRulemaking Portal: http:// [FR Doc. 2020–19983 Filed 9–10–20; 8:45 am] Comments received generally will be www.regulations.gov. Follow the BILLING CODE 5001–06–P posted without change to http:// instructions for submitting comments. www.regulations.gov, including any Æ Email: [email protected]. Include personal information provided. OMB Number 0704–0248 in the subject DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Ms. line of the message. Carrie Moore, 571–372–6104. Æ Fax: 571–372–6094. Defense Acquisition Regulations Æ Mail: Defense Acquisition System SUPPLEMENTARY INFORMATION: Regulations System, Attn: Ms. Kimberly [Docket Number DARS–2020–0020; OMB Title, Associated Form, and OMB Ziegler, OUSD(A&S)DPC/DARS, 3060 Control Number 0704–0252] Number: Defense Federal Acquisition Defense Pentagon, Room 3B938, Regulation Supplement (DFARS), Part Washington, DC 20301–3060. Information Collection Requirement; 251, Use of Government Sources by Comments received generally will be Defense Federal Acquisition Contractors, and an associated clause at posted without change to http:// Regulation Supplement (DFARS); Part DFARS 252.251–7000, Ordering from www.regulations.gov, including any 251, Use of Government Sources by Government Supply Sources; OMB personal information provided. Contractors Control Number 0704–0252. Affected Public: Businesses or other FOR FURTHER INFORMATION CONTACT: Ms. AGENCY: Defense Acquisition for-profit and not-for profit institutions. Kimberly Ziegler, 571–372–6095. Regulations System, Department of Respondent’s Obligation: Required to SUPPLEMENTARY INFORMATION: Defense (DoD). obtain or retain benefits. Title and OMB Number: Defense ACTION: Notice and request for Type of Request: Revision and Federal Acquisition Regulation comments regarding a proposed extension. Supplement (DFARS), Appendix F, extension of an approved information Number of Respondents: 1,414. Material Inspection and Receiving collection requirement. Responses per Respondent: 7.8. Report; OMB Control Number 0704– 0248. SUMMARY: In compliance with the Annual Responses: 11,058. Type of Request: Extension. Paperwork Reduction Act of 1995, DoD Hours per Response: 0.5. Affected Public: Businesses or other announces the proposed revision and Annual Burden Hours: 5,529. for-profit and not-for profit institutions. extension of a public information Reporting Frequency: On occasion. Respondent’s Obligation: Required to collection requirement and seeks public Needs and Uses: This information obtain or retain benefits. comment on the provisions thereof. DoD collection permits contractors to place Respondents: 148,885. invites comments on: Whether the orders from Government supply Responses per Respondent: 19.5, proposed collection of information is sources, including Federal Supply approximately. necessary for the proper performance of Schedules, requirements contracts, and Annual Responses: 2,900,000. the functions of DoD, including whether Government stock. Contractors are Hours per response: 0.05. the information will have practical required to provide a copy of their Estimated Hours: 145,000. utility; the accuracy of the estimate of written authorization to use Reporting Frequency: On occasion. the burden of the proposed information Government supply sources with their Needs and Uses: This information collection; ways to enhance the quality, order. The authorization is used by the collection is necessary to process utility, and clarity of the information to Government source of supply to verify shipping and receipt documentation for be collected; and ways to minimize the that a contractor is authorized to place contractor-provided goods and services burden of the information collection on such orders and under what conditions. and permit payment under DoD respondents, including the use of The clause at DFARS 252.251–7000, contracts. This information collection automated collection techniques or Ordering from Government Supply includes the requirements of DFARS other forms of information technology. Sources, requires a contractor to provide Appendix F, Material Inspection and The Office of Management and Budget a copy of the authorization when Receiving Report. Appendix F contains (OMB) has approved this information placing an order under a Federal Supply procedures and instructions for collection for use through November 30, Schedule, a Personal Property

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56224 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

Rehabilitation Price Schedule, or an Æ Mail: Defense Acquisition makes such a demand, the contractor Enterprise Software Agreement. Regulations System, Attn: Ms. Kimberly must submit relevant data upon which Ziegler, OUSD(A&S)DPC/DARS, 3060 to base negotiations. Jennifer Lee Hawes, Defense Pentagon, Room 3B938, The clause at DFARS 252.247–7007, Regulatory Control Officer, Defense Washington, DC 20301–3060. Liability and Insurance, is prescribed at Acquisition Regulations System. Comments received generally will be DFARS 247.270–4(c) for use in all [FR Doc. 2020–19979 Filed 9–10–20; 8:45 am] posted without change to http:// solicitations and contracts for the BILLING CODE 5001–06–P www.regulations.gov, including any acquisition of stevedoring services. personal information provided. Paragraph (f) of the clause requires the contractor to furnish the contracting DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Ziegler, 571–372–6095. officer with satisfactory evidence of insurance. Defense Acquisition Regulations SUPPLEMENTARY INFORMATION: The provision at DFARS 252.247– System Title and OMB Number: 7022, Representation of Extent of [Docket DARS–2020–0019; OMB Control Transportation, and related clauses— Transportation by Sea, is prescribed at Number 0704–0245] DoD FAR Supplement Part 247, OMB DFARS 247.574(a) for use in all Control Number 0704–0245. solicitations except those for direct Information Collection Requirement; Type of Request: Revision and purchase of ocean transportation Defense Federal Acquisition extension. services or those with an anticipated Regulation Supplement; Affected Public: Businesses or other value at or below the simplified Transportation for-profit and not-for-profit institutions. acquisition threshold. Paragraph (b) of Respondent’s Obligation: Required to AGENCY: Defense Acquisition the provision requires the offeror to obtain or retain benefits. represent whether or not it anticipates Regulations System, Department of Respondents: 18,298. Defense (DoD). that supplies will be transported by sea Responses per Respondent: 6.47. in the performance of any contract or ACTION: Notice and request for Annual Responses: 118,326. subcontract resulting from the comments regarding a proposed Hours per Response: .57. solicitation. extension of an approved information Estimated Hours: 67,101. The clause at DFARS 252.247–7023, collection requirement. Reporting Frequency: On occasion. Transportation of Supplies by Sea, is Needs and Uses: DoD contracting prescribed at DFARS 247.574(b) for use SUMMARY: In compliance with the officers use this information to verify Paperwork Reduction Act of 1995, DoD in all solicitations and contracts except that prospective contractors have those for direct purchase of ocean announces the proposed revision and adequate insurance prior to award of extension of a public information transportation services. Paragraph (d) of stevedoring contracts; to provide the clause requires the contractor to collection requirement and seeks public appropriate price adjustments to submit any requests for use of other comment on the provisions thereof. DoD stevedoring contracts; to assist the than U.S.-flag vessels in writing to the invites comments on: Whether the Maritime Administration in monitoring contracting officer. Paragraph (e) of the proposed collection of information is compliance with requirements for use of clause requires the contractor to submit necessary for the proper performance of U.S.-flag vessels in accordance with the one copy of the rated on board vessel the functions of DoD, including whether Cargo Preference Act of 1904 (10 U.S.C. operating carrier’s ocean bill of landing. the information will have practical 2631); and to provide appropriate and Paragraph (f) of the clause, if the utility; the accuracy of the estimate of timely shipping documentation and contract exceeds the simplified the burden of the proposed information instructions to contractors. acquisition threshold, requires the collection; ways to enhance the quality, The clause at DFARS 252.247–7000, contractor to represent, with its final utility, and clarity of the information to Hardship Conditions, is prescribed at invoice, that: (1) No ocean be collected; and ways to minimize the DFARS 247.270–4(a) for use in all transportation was used in the burden of the information collection on solicitations and contracts for the performance of the contract; (2) only respondents, including the use of acquisition of stevedoring services. U.S.-flag vessels were used for all ocean automated collection techniques or Paragraph (a) of the clause requires the shipments under the contract; (3) the other forms of information technology. contractor to notify the contracting contractor had the written consent of The Office of Management and Budget officer of unusual conditions associated the contracting officer for all non-U.S.- (OMB) has approved this information with loading or unloading a particular flag ocean transportation; or (4) collection requirement under Control cargo, for potential adjustment of shipments were made on non-U.S.-flag Number 0704–0245 for use through contract labor rates; and to submit any vessels without the written consent of November 30, 2020. DoD proposes that associated request for price adjustment the contracting officer. Contractors must OMB extend its approval for an to the contracting officer within 10 flow down these requirements to additional three years. working days of the vessel sailing time. noncommercial subcontracts and certain DATES: DoD will consider all comments The clause at DFARS 252.247–7002, types of commercial subcontracts. received by November 10, 2020. Revision of Prices, is prescribed at Subcontracts at or below the simplified ADDRESSES: You may submit comments, DFARS 247.270–4(b) for use in acquisition threshold are excluded from identified by OMB Control Number solicitations and contracts when using the requirements of paragraph (f) stated 0704–0245, using any of the following negotiation to acquire stevedoring above. Paragraph (h) of the clause, methods: services. Paragraph (c) of the clause requires the contractor, after award, to Æ Federal eRulemaking Portal: http:// provides that, at any time, either the notify the contracting officer if the www.regulations.gov. Follow the contracting officer or the contractor may contractor learns that supplies will be instructions for submitting comments. deliver to the other a written demand transported by sea and the contractor Æ Email: [email protected]. Include that the parties negotiate to revise the indicated, in the solicitation, that the OMB Control Number 0704–0245 in the prices under the contract. Paragraph (d) contractor did not anticipate subject line of the message. of the clause requires that, if either party transporting any supplies by sea.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56225

The clause at DFARS 252.247–7026, ADDRESSES: Written comments and regulations that require State lead Evaluation Preference for Use of recommendations for proposed agencies (LAs) to collect and maintain Domestic Shipyards — Applicable to information collection requests should information or data and, in some cases, Acquisition of Carriage by Vessel for be sent within 30 days of publication of report information or data to other DoD Cargo in the Coastwise or this notice to www.reginfo.gov/public/ public agencies or to the public. Noncontiguous Trade, is prescribed at do/PRAMain. Find this particular However, such information or data are DFARS 247.574(d) in solicitations that information collection request by not required to be reported to the require a covered vessel for carriage of selecting ‘‘Department of Education’’ Secretary. These required collections are cargo for DoD. Paragraph (c) of the under ‘‘Currently Under Review,’’ then consolidated into 1820–0682. clause requires the offeror to provide check ‘‘Only Show ICR for Public Dated: September 8, 2020. information with its offer, addressing all Comment’’ checkbox. Kate Mullan, covered vessels for which overhaul, FOR FURTHER INFORMATION CONTACT: For repair, and maintenance work has been PRA Coordinator, Strategic Collections and specific questions related to collection Clearance, Governance and Strategy Division, performed during the period covering activities, please contact Amy Bae, (202) Office of Chief Data Officer, Office of the current calendar year, up to the date 245–8272. Planning, Evaluation and Policy of proposal submission, and the SUPPLEMENTARY INFORMATION: The Development. preceding four calendar years. Department of Education (ED), in [FR Doc. 2020–20056 Filed 9–10–20; 8:45 am] The clause at DFARS 252.247.7028, accordance with the Paperwork BILLING CODE 4000–01–P Application for U.S. Government Reduction Act of 1995 (PRA) (44 U.S.C. Shipping Documentation/Instructions, 3506(c)(2)(A)), provides the general is prescribed at DFARS 247.207(2) for public and Federal agencies with an ELECTION ASSISTANCE COMMISSION inclusion in all solicitations and opportunity to comment on proposed, contracts, including solicitations and revised, and continuing collections of Sunshine Act Meetings contracts using FAR part 12 procedures information. This helps the Department for the acquisition of commercial items, AGENCY: U.S. Election Assistance assess the impact of its information when shipping under Bills of Lading Commission. collection requirements and minimize and Domestic Route Order under FOB ACTION: Sunshine Act notice; notice of the public’s reporting burden. It also origin contract, Export Traffic Release public roundtable agenda. helps the public understand the regardless of FOB terms, or foreign Department’s information collection military sales shipments. Paragraph (a) SUMMARY: Roundtable Discussion: Voter requirements and provide the requested of the clause requires contractors to Registration During the COVID–19 data in the desired format. ED is complete DD Form 1659, Application Pandemic. soliciting comments on the proposed for U.S. Government Shipping DATES: Friday, September 18, 2020, 1:00 information collection request (ICR) that Documentation/Instructions to request p.m.–2:30 p.m. Eastern. is described below. The Department of shipping instructions, unless an ADDRESSES: Education is especially interested in Virtual via Zoom. The automated system is available public comment addressing the roundtable discussion is open to the (paragraph (b) of the clause). following issues: (1) Is this collection public and will be livestreamed on the U.S. Election Assistance Commission Jennifer Lee Hawes, necessary to the proper functions of the YouTube Channel: https:// Regulatory Control Officer, Defense Department; (2) will this information be www.youtube.com/channel/ Acquisition Regulations System. processed and used in a timely manner; UCpN6i0g2rlF4ITWhwvBwwZw. [FR Doc. 2020–19982 Filed 9–10–20; 8:45 am] (3) is the estimate of burden accurate; BILLING CODE 5001–06–P (4) how might the Department enhance FOR FURTHER INFORMATION CONTACT: the quality, utility, and clarity of the Kristen Muthig, Telephone: (202) 897– information to be collected; and (5) how 9285, Email: [email protected]. DEPARTMENT OF EDUCATION might the Department minimize the SUPPLEMENTARY INFORMATION: burden of this collection on the Purpose: In accordance with the [Docket No.: ED–2020–SCC–0099] respondents, including through the use Government in the Sunshine Act (Sunshine Act), Public Law 94–409, as Agency Information Collection of information technology. Please note amended (5 U.S.C. 552b), the U.S. Activities; Submission to the Office of that written comments received in Election Assistance Commission (EAC) Management and Budget for Review response to this notice will be will conduct a virtual roundtable and Approval; Comment Request; considered public records. Title of Collection: State Lead Agency discussion on the challenges election State Lead Agency Record Keeping Record Keeping and Reporting administrators and individuals face and Reporting Requirements Under Requirements under Part C of the regarding voter registration during the Part C of the Individuals With Individuals with Disabilities Education COVID–19 pandemic and discuss how Disabilities Education Act Act. state and local election offices are AGENCY: Office of Special Education and OMB Control Number: 1820–0682. responding to those challenges. Rehabilitative Services, Department of Type of Review: An Extension of an Agenda: The U.S. Election Assistance Education (ED). Existing Information Collection. Commission (EAC) will hold a ACTION: Notice. Respondents/Affected Public: State, roundtable discussion on the impact Local, and Tribal Governments. that COVID–19 has had on voter SUMMARY: In accordance with the Total Estimated Number of Annual registration efforts. The roundtable will Paperwork Reduction Act of 1995, ED is Responses: 56. be moderated by the EAC proposing an extension of an existing Total Estimated Number of Annual Commissioners who will ask speakers to information collection. Burden Hours: 4,268. address the importance of registering DATES: Interested persons are invited to Abstract: This collection has been and updating voter registration early, submit comments on or before October created to reflect the requirements the impact of other external factors such 13, 2020. under Part C of IDEA and the Part C as limited hours and closures at state

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56226 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

and local departments of motor vehicle PLACE: The meeting is open to the concerning the meeting may be directed offices, as well as what participants public. Out of an abundance of caution to Mr. Robert E. Feldman, Executive have done to combat other voter related to current and potential Secretary of the Corporation, at 202– registration challenges that have coronavirus developments, the public’s 898–7043. developed because of COVID–19. means to observe this Board meeting Dated at Washington, DC, on September 8, The full agenda will be posted in will be via a Webcast live on the 2020. advance on the EAC website: https:// internet and subsequently made Federal Deposit Insurance Corporation www.eac.gov. available on-demand approximately one Robert E. Feldman, STATUS: week after the event. Visit http:// This roundtable discussion will Executive Secretary. be open to the public. fdic.windrosemedia.com to view the live event. Visit http:// [FR Doc. 2020–20137 Filed 9–9–20; 4:15 pm] Amanda Joiner, fdic.windrosemedia.com/index.php? BILLING CODE 6714–01–P Associate Counsel, U.S. Election Assistance category=FDIC+Board+Meetings after Commission. the meeting. If you need any technical [FR Doc. 2020–20110 Filed 9–9–20; 11:15 am] assistance, please visit our Video Help FEDERAL MARITIME COMMISSION BILLING CODE 6820–KF–P page at: https://www.fdic.gov/ video.html. Sunshine Act Meeting Observers requiring auxiliary aids TIME AND DATE: September 16, 2020; ENVIRONMENTAL PROTECTION (e.g., sign language interpretation) for 10:00 a.m. AGENCY this meeting should call 703–562–2404 (Voice) or 703–649–4354 (Video Phone) PLACE: 800 N Capitol Street NW, First [ER–FRL–9052–7] to make necessary arrangements. Floor Hearing Room, Washington, DC. STATUS: Closed. Environmental Impact Statements; STATUS: Open. Notice of Availability MATTERS TO BE CONSIDERED: Pursuant to MATTERS TO BE CONSIDERED: the provisions of the ‘‘Government in Closed Session Responsible Agency: Office of Federal the Sunshine Act’’ (5 U.S.C. 552b), Activities, General Information 202– notice is hereby given that the Federal 1. Staff Briefing on Ocean Carrier Rate 564–5632 or https://www.epa.gov/nepa. Deposit Insurance Corporation’s Board Trends 2. Staff Briefing on Ocean Carrier Weekly receipt of Environmental Impact of Directors will meet in open session to Alliances Statements (EIS) consider the following matters: Filed August 31, 2020, 10 a.m. EST CONTACT PERSON FOR MORE INFORMATION: Through September 4, 2020, 10 a.m. Summary Agenda Rachel Dickon, Secretary, (202) 523– EST No substantive discussion of the 5725. Pursuant to 40 CFR 1506.9. following items is anticipated. These Rachel Dickon, matters will be resolved with a single Notice Secretary. vote unless a member of the Board of Section 309(a) of the Clean Air Act Directors requests that an item be [FR Doc. 2020–20224 Filed 9–9–20; 4:15 pm] requires that EPA make public its moved to the discussion agenda. BILLING CODE P comments on EISs issued by other Disposition of Minutes of a Board of Federal agencies. EPA’s comment letters Directors’ Meeting Previously FEDERAL MARITIME COMMISSION on EISs are available at: https:// Distributed. cdxnodengn.epa.gov/cdx-enepa-public/ Memorandum and resolution re: Notice of Agreements Filed action/eis/search. Finalization of Interim Final Rule EIS No. 20200180, Final, FRA, DC, Long regarding Treatment of Certain The Commission hereby gives notice Bridge Project, Contact: David Valenstein Emergency Facilities in the Regulatory of the filing of the following agreements 202–493–6368. Capital Rule and the Liquidity Coverage under the Shipping Act of 1984. Under 23 U.S.C. 139(n)(2), FRA has Ratio Rule. Interested parties may submit issued a single document that consists Memorandum and resolution re: comments, relevant information, or of a final environmental impact Finalization of Interim Final Rule documents regarding the agreements to statement and record of decision. regarding Real Estate Appraisals. the Secretary by email at Secretary@ Memorandum and resolution re: Therefore, the 30-day wait/review fmc.gov, or by mail, Federal Maritime Notice of Proposed Rulemaking to period under NEPA does not apply to Commission, Washington, DC 20573. Rescind Regulations Transferred from this action. Comments will be most helpful to the the Former Office of Thrift Supervision, Commission if received within 12 days Dated: September 4, 2020. Part 390, Subpart F—Application of the date this notice appears in the Candi Schaedle, Processing Procedures. Federal Register. Copies of agreements Acting Director, NEPA Compliance Division, Memorandum and resolution re: are available through the Commission’s Office of Federal Activities. Remittance of Assessment Credits. website (www.fmc.gov) or by contacting [FR Doc. 2020–20063 Filed 9–10–20; 8:45 am] Summary reports, status reports, and the Office of Agreements at (202) 523– BILLING CODE 6560–50–P reports of actions taken pursuant to 5793 or [email protected]. authority delegated by the Board of Agreement No.: 201228–002. Directors. Agreement Name: Port of Seattle/Port FEDERAL DEPOSIT INSURANCE Discussion Agenda of Tacoma Alliance Agreement. CORPORATION Parties: Port of Seattle and Port of Memorandum and resolution re: Tacoma. Sunshine Act Meeting Deposit Insurance Fund (DIF) Filing Party: Thomas Tanaka, Port of Restoration Plan. Seattle. TIME AND DATE: 10:00 a.m. on Tuesday, CONTACT PERSON FOR MORE INFORMATION: Synopsis: The amendment updates September 15, 2020. Requests for further information the Charter to clarify certain issues

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56227

related to finances, environmental indirectly acquire FirstBank, both of A. Federal Reserve Bank of San responsibilities, and decision-making Lakewood, Colorado. Francisco (Sebastian Astrada, Director, for legal matters. Board of Governors of the Federal Reserve Applications) 101 Market Street, San Proposed Effective Date: 10/16/2020. System, September 4, 2020. Francisco, California 94105–1579: Location: https://www2.fmc.gov/ 1. Richard B. Fowler II, Carmichael, FMC.Agreements.Web/Public/ Yao-Chin Chao, California, and Karl K. Klessig, Sante Fe, AgreementHistory/2077. Assistant Secretary of the Board. [FR Doc. 2020–20015 Filed 9–10–20; 8:45 am] New Mexico; as a group acting in Dated: September 8, 2020. concert, to acquire additional voting Rachel Dickon, BILLING CODE P shares of Golden Pacific Bancorp, Inc., Secretary. and thereby indirectly acquire voting [FR Doc. 2020–20066 Filed 9–10–20; 8:45 am] FEDERAL RESERVE SYSTEM shares of Golden Pacific Bank, National BILLING CODE 6730–02–P Association, both of Sacramento, Change in Bank Control Notices; California. Acquisitions of Shares of a Bank or Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM Bank Holding Company System, September 8, 2020. Yao-Chin Chao, Formations of, Acquisitions by, and The notificants listed below have Mergers of Bank Holding Companies applied under the Change in Bank Assistant Secretary of the Board. Control Act (Act) (12 U.S.C. 1817(j)) and [FR Doc. 2020–20086 Filed 9–10–20; 8:45 am] The companies listed in this notice BILLING CODE P have applied to the Board for approval, § 225.41 of the Board’s Regulation Y (12 pursuant to the Bank Holding Company CFR 225.41) to acquire shares of a bank Act of 1956 (12 U.S.C. 1841 et seq.) or bank holding company. The factors (BHC Act), Regulation Y (12 CFR part that are considered in acting on the DEPARTMENT OF HEALTH AND 225), and all other applicable statutes applications are set forth in paragraph 7 HUMAN SERVICES and regulations to become a bank of the Act (12 U.S.C. 1817(j)(7)). Centers for Medicare & Medicaid holding company and/or to acquire the The public portions of the Services assets or the ownership of, control of, or applications listed below, as well as the power to vote shares of a bank or other related filings required by the bank holding company and all of the [Document Identifier: CMS–359/CMS–360, Board, if any, are available for CMS–10706, CMS–10725 and CMS 10728] banks and nonbanking companies immediate inspection at the Federal owned by the bank holding company, Reserve Bank(s) indicated below and at Agency Information Collection including the companies listed below. the offices of the Board of Governors. Activities: Submission for OMB The public portions of the This information may also be obtained Review; Comment Request applications listed below, as well as on an expedited basis, upon request, by other related filings required by the AGENCY: Centers for Medicare & contacting the appropriate Federal Board, if any, are available for Medicaid Services, Health and Human immediate inspection at the Federal Reserve Bank and from the Board’s Services (HHS). Freedom of Information Office at Reserve Bank(s) indicated below and at ACTION: Notice. the offices of the Board of Governors. https://www.federalreserve.gov/foia/ This information may also be obtained request.htm. Interested persons may SUMMARY: The Centers for Medicare & on an expedited basis, upon request, by express their views in writing on the Medicaid Services (CMS) is announcing contacting the appropriate Federal standards enumerated in paragraph 7 of an opportunity for the public to Reserve Bank and from the Board’s the Act. comment on CMS’ intention to collect Freedom of Information Office at Comments regarding each of these information from the public. Under the https://www.federalreserve.gov/foia/ applications must be received at the Paperwork Reduction Act of 1995 request.htm. Interested persons may Reserve Bank indicated or the offices of (PRA), federal agencies are required to express their views in writing on the the Board of Governors, Ann E. publish notice in the Federal Register standards enumerated in the BHC Act Misback, Secretary of the Board, 20th concerning each proposed collection of (12 U.S.C. 1842(c)). Street and Constitution Avenue NW, information, including each proposed extension or reinstatement of an existing Comments regarding each of these Washington, DC 20551–0001, not later collection of information, and to allow applications must be received at the than September 28, 2020. Reserve Bank(s) indicated or the offices a second opportunity for public of the Board of Governors, Ann E. comment on the notice. Interested Misback, Secretary of the Board, 20th persons are invited to send comments Street and Constitution Avenue NW, regarding the burden estimate or any Washington DC 20551–0001, not later other aspect of this collection of than October 13, 2020. information, including the necessity and utility of the proposed information A. Federal Reserve Bank of Kansas City collection for the proper performance of (Dennis Denney, Assistant Vice the agency’s functions, the accuracy of President) 1 Memorial Drive, Kansas the estimated burden, ways to enhance City, Missouri 64198–0001: the quality, utility, and clarity of the 1. The Reisher Family Foundation, information to be collected, and the use Lakewood, Colorado; to become a bank of automated collection techniques or holding company by acquiring 16.95 other forms of information technology to percent of the voting shares of FirstBank minimize the information collection Holding Company, and thereby burden.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56228 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

DATES: Comments on the collection(s) of Survey Agency (SA) staff identifying The generic clearance will allow a information must be received by the information regarding the applicant that rapid response to inform CMS OMB desk officer by October 13, 2020. is stored in the Automated Survey initiatives using a mixture of qualitative ADDRESSES: Written comments and Processing Environment (ASPEN) and quantitative consumer research recommendations for the proposed system. strategies (including formative research information collection should be sent The form CMS–360 is a survey tool studies and methodological tests) to within 30 days of publication of this used by the SAs to record information improve information systems that serve notice to www.reginfo.gov/public/do/ in order to determine a provider’s CMS audiences. CMS implements PRAMain. Find this particular compliance with the CORF Conditions human-centered methods and activities information collection by selecting of Participation (COPs) and to report for the improvement of policies, ‘‘Currently under 30-day Review—Open this information to the Federal services, and products. As information for Public Comments’’ or by using the government. The form includes basic systems and technologies are developed search function. information on the COP requirements, or improved upon, they can be tested To obtain copies of a supporting check boxes to indicate the level of and evaluated for end-user feedback statement and any related forms for the compliance, and a section for recording regarding utility, usability, and proposed collection(s) summarized in notes. CMS has the responsibility and desirability. The overall goal is to apply this notice, you may make your request authority for certification decisions a human-centered engagement model to using one of following: which are based on provider maximize the extent to which CMS 1. Access CMS’ website address at compliance with the COPs and this form CIPST product teams can gather ongoing website address at https://www.cms.gov/ supports this process. Form Number: feedback from consumers. Feedback Regulations-and-Guidance/Legislation/ CMS–359/360 (OMB control number: helps engineers and designers arrive at PaperworkReductionActof1995/PRA- 0938–0267); Frequency: Occasionally; better solutions, therefore minimizing Listing.html. Affected Public: Private Sector (Business the burden on consumers and meeting 2. Call the Reports Clearance Office at or other for-profits); Number of their needs and goals. (410) 786–1326. Respondents: 49 Number of Responses: The activities under this clearance FOR FURTHER INFORMATION CONTACT: 8; Total Annual Hours: 74. (For involve voluntary engagement with William Parham at (410) 786–4669. questions regarding this collection target CIPST users to receive design and contact Caroline Gallaher (410)786– research feedback. Voluntary end-users SUPPLEMENTARY INFORMATION: Under the 8705.) from samples of self-selected customers, Paperwork Reduction Act of 1995 (PRA) 2. Type of Information Collection as well as convenience samples, with (44 U.S.C. 3501–3520), federal agencies Request: New collection (Request for a respondents selected either to cover a must obtain approval from the Office of new OMB control number); Title of broad range of customers or to include Management and Budget (OMB) for each Information Collection: Generic specific characteristics related to certain collection of information they conduct Clearance for the Center for Clinical products or services. All collection of or sponsor. The term ‘‘collection of Standards and Quality IT Product and information under this clearance is for information’’ is defined in 44 U.S.C. Support Teams; Use: The Health use in both quantitative and qualitative 3502(3) and 5 CFR 1320.3(c) and Information Technology for Economic groups collecting data related to human- includes agency requests or and Clinical Health (HITECH) Act is computer interactions with information requirements that members of the public part of the American Reinvestment and system development. We will use the submit reports, keep records, or provide Recovery Act (ARRA) of 2009. As noted findings to create the highest possible information to a third party. Section in the HITECH Act, CMS is responsible public benefit. Form Number: CMS– 3506(c)(2)(A) of the PRA (44 U.S.C. for defining ‘‘meaningful use’’ of 10706 (OMB control number: 0938– 3506(c)(2)(A)) requires federal agencies certified electronic health record (EHR) NEW); Frequency: Occasionally; to publish a 30-day notice in the technology and developing incentive Affected Public: Individuals and Private Federal Register concerning each payment programs for Medicare and Sector (Business or other for-profit and proposed collection of information, Medicaid providers. CMS is continually Not-for-profit institutions); Number of including each proposed extension or implementing and updating information Respondents: 11,476; Total Annual reinstatement of an existing collection systems as legislation and requirements Responses: 11,476; Total Annual Hours: of information, before submitting the change. To support this initiative, CCSQ 4,957. (For policy questions regarding collection to OMB for approval. To IT Product and Support Teams (CIPST) this collection contact Stephanie Ray at comply with this requirement, CMS is must have the capacity for engagement 410–786–0971). publishing this notice that summarizes with users in an ongoing variety of 3. Type of Information Collection the following proposed collection(s) of research, discovery, and validation Request: New information collection; information for public comment: activities to create and refine systems Title of Information Collection: 1. Type of Information Collection that do not place an undue burden on Pharmacy Benefit Manager Request: Extension of a currently users and instead are efficient, usable, Transparency; Use: The Patient approved information collection; Title and desirable. Protection and Affordable Care Act of Information Collection: The Center for Clinical Standards and (Pub. L. 111–148) and the Health Care Comprehensive Outpatient Quality (CCSQ) is responsible for and Education Reconciliation Act of Rehabilitation Facility (CORF) administering appropriate information 2010 (Pub. L. 111–152) (collectively, the Certification and Survey Forms; Use: systems so that the public can submit Patient Protection and Affordable Care The form CMS–359 is an application for healthcare-related information. While Act (PPACA)) were signed into law in health care providers that seek to beneficiaries ultimately benefit, the 2010. The PPACA established participate in the Medicare program as primary users of (CIPST) are healthcare competitive private health insurance a Comprehensive Outpatient facility employees and contractors. They markets, called Marketplaces or Rehabilitation Facility (CORF). The are responsible for the collection and Exchanges, which give millions of form initiates the process for facilities to submission of appropriate beneficiary Americans and small businesses access become certified as a CORF and it data to CMS to receive merit-based to qualified health plans (QHPs), provides the CMS Location and State compensation. including stand-alone dental plans

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56229

(SADPs)—private health and dental performance-based incentive payment. 2020. The https://www.regulations.gov insurance plans that are certified as Form Number: CMS–10728 (OMB electronic filing system will accept meeting certain standards. The PPACA control number: 0938-New); Frequency: comments until 11:59 p.m. Eastern Time added section 1150A of the Social Yearly; Affected Public: Individuals and at the end of November 10, 2020. Security Act, which requires pharmacy Households; Number of Respondents: Comments received by mail/hand benefit managers (PBMs) to report 12,096; Total Annual Responses: delivery/courier (for written/paper prescription benefit information to the 12,096; Total Annual Hours: 1,285. (For submissions) will be considered timely Department of Health and Human policy questions regarding this if they are postmarked or the delivery Services (HHS). PBMs are third-party collection contact Rebecca VanAmburg service acceptance receipt is on or administrators of prescription programs at 410–786–0524.) before that date. for a variety of types of health plans, Dated: September 8, 2020. including QHPs. The Centers for Electronic Submissions William N. Parham, III, Medicare and Medicaid Services (CMS) Submit electronic comments in the files this information collection request Director, Paperwork Reduction Staff, Office following way: (ICR) in connection with the of Strategic Operations and Regulatory • Federal eRulemaking Portal: Affairs. prescription benefit information that https://www.regulations.gov. Follow the PBMs must provide to HHS under [FR Doc. 2020–20089 Filed 9–10–20; 8:45 am] instructions for submitting comments. section 1150A. The burden estimate for BILLING CODE 4120–01–P Comments submitted electronically, this ICR reflects the time and effort for including attachments, to https:// PBMs to submit the information www.regulations.gov will be posted to DEPARTMENT OF HEALTH AND regarding PBMs and prescription drugs. the docket unchanged. Because your HUMAN SERVICES Form Number: CMS–10725 (OMB comment will be made public, you are control number: 0938–NEW); Food and Drug Administration solely responsible for ensuring that your Frequency: Annually; Affected Public: comment does not include any Private Sector (business or other for- [Docket No. FDA–2019–E–3015] confidential information that you or a profits), Number of Respondents: 40; third party may not wish to be posted, Number of Responses: 275. Total Determination of Regulatory Review such as medical information, your or Annual Hours: 1,400. For questions Period for Purposes of Patent anyone else’s Social Security number, or regarding this collection contact Ken Extension; EVERSENSE CONTINUOUS confidential business information, such Buerger at 410–786–1190. GLUCOSE MONITORING SYSTEM as a manufacturing process. Please note 4. Type of Information Collection AGENCY: Food and Drug Administration, that if you include your name, contact Request: New Collection; Title of Health and Human Services (HHS). information, or other information that Information Collection: Value in Opioid ACTION: Notice. identifies you in the body of your Use Disorder Treatment Demonstration; comments, that information will be Use: Value in Opioid Use Disorder SUMMARY: The Food and Drug posted on https://www.regulations.gov. Treatment (Value in Treatment) is a 4- Administration (FDA or the Agency) has • If you want to submit a comment year demonstration program authorized determined the regulatory review period with confidential information that you under section 1866F of the Social for EVERSENSE CONTINUOUS do not wish to be made available to the Security Act (Act), which was added by GLUCOSE MONITORING SYSTEM public, submit the comment as a section 6042 of the Substance Use- (EVERSENSE CGM SYSTEM) and is written/paper submission and in the Disorder Prevention that Promotes publishing this notice of that manner detailed (see ‘‘Written/Paper Opioid Recovery and Treatment for determination as required by law. FDA Submissions’’ and ‘‘Instructions’’). Patients and Communities Act has made the determination because of Written/Paper Submissions (SUPPORT Act). The purpose of Value the submission of an application to the in Treatment, as stated in the statute, is Director of the U.S. Patent and Submit written/paper submissions as to ‘‘increase access of applicable follows: Trademark Office (USPTO), Department • beneficiaries to opioid use disorder of Commerce, for the extension of a Mail/Hand Delivery/Courier (for treatment services, improve physical patent which claims that medical written/paper submissions): Dockets and mental health outcomes for such device. Management Staff (HFA–305), Food and beneficiaries, and to the extent possible, Drug Administration, 5630 Fishers reduce Medicare program DATES: Anyone with knowledge that any Lane, Rm. 1061, Rockville, MD 20852. expenditures.’’ As required by statute, of the dates as published (see • For written/paper comments Value in Treatment will be SUPPLEMENTARY INFORMATION) are submitted to the Dockets Management implemented no later than January 1, incorrect may submit either electronic Staff, FDA will post your comment, as 2021. or written comments and ask for a well as any attachments, except for Section 1866F(c)(1)(A)(ii) specifies redetermination by November 10, 2020. information submitted, marked and that individuals and entities must apply Furthermore, any interested person may identified, as confidential, if submitted for and be selected to participate in the petition FDA for a determination as detailed in ‘‘Instructions.’’ Value in Treatment demonstration regarding whether the applicant for Instructions: All submissions received pursuant to an application and selection extension acted with due diligence must include the Docket No. FDA– process established by the Secretary. during the regulatory review period by 2019–E–3015 for ‘‘Determination of Section 1866F(c)(2)(B)(iii) specifies that March 10, 2021. See ‘‘Petitions’’ in the Regulatory Review Period for Purposes in order to receive CMF and SUPPLEMENTARY INFORMATION section for of Patent Extension; EVERSENSE CGM performance-based incentive payments more information. SYSTEM.’’ Received comments, those under the Value in Treatment program, ADDRESSES: You may submit comments filed in a timely manner (see each participant shall report data as follows. Please note that late, ADDRESSES), will be placed in the docket necessary to: Monitor and evaluate the untimely filed comments will not be and, except for those submitted as Value in Treatment program; determine considered. Electronic comments must ‘‘Confidential Submissions,’’ publicly if criteria are met; and determine the be submitted on or before November 10, viewable at https://www.regulations.gov

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56230 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

or at the Dockets Management Staff drug product, animal drug product, II. Determination of Regulatory Review between 9 a.m. and 4 p.m., Monday medical device, food additive, or color Period through Friday, 240–402–7500. additive) was subject to regulatory • FDA has determined that the Confidential Submissions—To review by FDA before the item was applicable regulatory review period for submit a comment with confidential marketed. Under these acts, a product’s EVERSENSE CGM SYSTEM is 3,727 information that you do not wish to be regulatory review period forms the basis days. Of this time, 3,123 days occurred made publicly available, submit your for determining the amount of extension during the testing phase of the comments only as a written/paper an applicant may receive. regulatory review period, while 604 A regulatory review period consists of submission. You should submit two days occurred during the approval two periods of time: A testing phase and copies total. One copy will include the phase. These periods of time were information you claim to be confidential an approval phase. For medical devices, the testing phase begins with a clinical derived from the following dates: with a heading or cover note that states 1. The date an exemption under investigation of the device and runs ‘‘THIS DOCUMENT CONTAINS section 520(g) of the Federal Food, Drug, CONFIDENTIAL INFORMATION.’’ The until the approval phase begins. The approval phase starts with the initial and Cosmetic Act (FD&C Act) (21 U.S.C. Agency will review this copy, including 360j(g)) involving this device became the claimed confidential information, in submission of an application to market the device and continues until effective: April 9, 2008. The applicant its consideration of comments. The claims that the investigational device second copy, which will have the permission to market the device is granted. Although only a portion of a exemption (IDE) required under section claimed confidential information 520(g) of the FD&C Act for human tests redacted/blacked out, will be available regulatory review period may count toward the actual amount of extension to begin became effective on September for public viewing and posted on 25, 2008. However, FDA records https://www.regulations.gov. Submit that the Director of USPTO may award (half the testing phase must be indicate that the IDE was determined both copies to the Dockets Management substantially complete for clinical Staff. If you do not wish your name and subtracted as well as any time that may have occurred before the patent was studies to have begun on April 9, 2008, contact information to be made publicly which represents the IDE effective date. available, you can provide this issued), FDA’s determination of the length of a regulatory review period for 2. The date an application was information on the cover sheet and not initially submitted with respect to the in the body of your comments and you a medical device will include all of the testing phase and approval phase as device under section 515 of the FD&C must identify this information as Act (21 U.S.C. 360e): October 26, 2016. ‘‘confidential.’’ Any information marked specified in 35 U.S.C. 156(g)(3)(B). FDA has approved for marketing the FDA has verified the applicant’s claim as ‘‘confidential’’ will not be disclosed that the premarket approval application except in accordance with § 10.20 (21 medical device EVERSENSE CGM SYSTEM. EVERSENSE CGM SYSTEM is (PMA) for EVERSENSE CGM SYSTEM CFR 10.20) and other applicable (PMA P160048) was initially submitted disclosure law. For more information indicated for continually measuring glucose levels in adults (18 years or October 26, 2016. about FDA’s posting of comments to older) with diabetes for up to 90 days. 3. The date the application was public dockets, see 80 FR 56469, The system is intended to: (1) Provide approved: June 21, 2018. FDA has September 18, 2015, or access the real-time glucose readings; (2) provide verified the applicant’s claim that PMA information at: https:// glucose trend information; and (3) P160048 was approved on June 21, www.govinfo.gov/content/pkg/FR-2015- provide alerts for the detection and 2018. 09-18/pdf/2015-23389.pdf. prediction of episodes of low blood This determination of the regulatory Docket: For access to the docket to glucose (hypoglycemia) and high blood review period establishes the maximum read background documents or the glucose (hyperglycemia). The system is potential length of a patent extension. electronic and written/paper comments a prescription device. Historical data However, the USPTO applies several received, go to https:// from the system can be interpreted to statutory limitations in its calculations www.regulations.gov and insert the aid in providing therapy adjustments. of the actual period for patent extension. docket number, found in brackets in the These adjustments should be based on In its application for patent extension, heading of this document, into the patterns seen over time. The system is this applicant seeks 5 years of patent ‘‘Search’’ box and follow the prompts indicated for use as an adjunctive term extension. and/or go to the Dockets Management device to complement, not replace, III. Petitions Staff, 5630 Fishers Lane, Rm. 1061, information obtained from standard Rockville, MD 20852, 240–402–7500. home blood glucose monitoring devices. Anyone with knowledge that any of FOR FURTHER INFORMATION CONTACT: Subsequent to this approval, the USPTO the dates as published are incorrect may Beverly Friedman, Office of Regulatory received a patent term restoration submit either electronic or written Policy, Food and Drug Administration, application for EVERSENSE CGM comments and, under 21 CFR 60.24, ask 10903 New Hampshire Ave., Bldg. 51, SYSTEM (U.S. Patent No. 6,400,974) for a redetermination (see DATES). Rm. 6250, Silver Spring, MD 20993, from Senseonics, Inc., and the USPTO Furthermore, as specified in § 60.30 (21 301–796–3600. requested FDA’s assistance in CFR 60.30), any interested person may SUPPLEMENTARY INFORMATION: determining this patent’s eligibility for petition FDA for a determination patent term restoration. In a letter dated regarding whether the applicant for I. Background October 29, 2019, FDA advised the extension acted with due diligence The Drug Price Competition and USPTO that this medical device had during the regulatory review period. To Patent Term Restoration Act of 1984 undergone a regulatory review period meet its burden, the petition must (Pub. L. 98–417) and the Generic and that the approval of EVERSENSE comply with all the requirements of Animal Drug and Patent Term CGM SYSTEM represented the first § 60.30, including but not limited to: Restoration Act (Pub. L. 100–670) permitted commercial marketing or use Must be timely (see DATES), must be generally provide that a patent may be of the product. Thereafter, the USPTO filed in accordance with § 10.20, must extended for a period of up to 5 years requested that FDA determine the contain sufficient facts to merit an FDA so long as the patented item (human product’s regulatory review period. investigation, and must certify that a

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56231

true and complete copy of the petition FD&C Act, subject to the terms of any II. Criteria for EUA Authorization has been served upon the patent authorization issued under that section. Section 564(b)(1) of the FD&C Act applicant. (See H. Rept. 857, part 1, 98th FDA is also announcing the subsequent provides that, before an EUA may be Cong., 2d sess., pp. 41–42, 1984.) revocation of the Authorization issued issued, the Secretary of HHS must Petitions should be in the format to BARDA for oral formulations of declare that circumstances exist specified in 21 CFR 10.30. chloroquine phosphate and justifying the authorization based on Submit petitions electronically to hydroxychloroquine sulfate. FDA one of the following grounds: (1) A https://www.regulations.gov at Docket revoked this authorization on June 15, determination by the Secretary of No. FDA–2013–S–0610. Submit written 2020. The Authorizations, and the Homeland Security that there is a petitions (two copies are required) to the revocation, which include an domestic emergency, or a significant Dockets Management Staff (HFA–305), explanation of the reasons for issuance potential for a domestic emergency, Food and Drug Administration, 5630 or revocation, are reprinted in this involving a heightened risk of attack Fishers Lane, Rm. 1061, Rockville, MD document. with a biological, chemical, radiological, 20852. DATES: The Authorization for BARDA or nuclear agent or agents; (2) a Dated: September 4, 2020. was effective as of March 28, 2020, and determination by the Secretary of Lowell J. Schiller, the revocation of this Authorization is Defense that there is a military Principal Associate Commissioner for Policy. effective as of June 15, 2020; the emergency, or a significant potential for [FR Doc. 2020–20040 Filed 9–10–20; 8:45 am] Authorization for Fresenius Medical a military emergency, involving a BILLING CODE 4164–01–P Care is effective as of April 30, 2020; the heightened risk to U.S. military forces, Authorization for Gilead Sciences, Inc. including personnel operating under the is effective as of May 1, 2020; the authority of title 10 or title 50, United DEPARTMENT OF HEALTH AND Authorization for Fresenius Kabi USA, States Code, of attack with (i) a HUMAN SERVICES LLC is effective as of May 8, 2020. biological, chemical, radiological, or nuclear agent or agents; or (ii) an agent Food and Drug Administration ADDRESSES: Submit written requests for or agents that may cause, or are single copies of the EUAs to the Office otherwise associated with, an [Docket No. FDA–2020–N–1729] of Counterterrorism and Emerging imminently life-threatening and specific Threats, Food and Drug Administration, 1 Authorizations and Revocation of risk to U.S. military forces; (3) a 10903 New Hampshire Ave., Bldg. 1, determination by the Secretary of HHS Emergency Use of Drugs During the Rm. 4338, Silver Spring, MD 20993– COVID–19 Pandemic; Availability that there is a public health emergency, 0002. Send one self-addressed adhesive or a significant potential for a public AGENCY: Food and Drug Administration, label to assist that office in processing health emergency, that affects, or has a Health and Human Services (HHS). your request or include a Fax number to significant potential to affect, national which the Authorizations may be sent. ACTION: Notice. security or the health and security of See the SUPPLEMENTARY INFORMATION U.S. citizens living abroad, and that SUMMARY: The Food and Drug section for electronic access to the involves a biological, chemical, Administration (FDA) is announcing the Authorizations. radiological, or nuclear agent or agents, issuance of four Emergency Use FOR FURTHER INFORMATION CONTACT: or a disease or condition that may be Authorizations (EUAs) (the Michael Mair, Office of attributable to such agent or agents; or Authorizations) for drugs for use during Counterterrorism and Emerging Threats, (4) the identification of a material threat the COVID–19 pandemic. FDA issued Food and Drug Administration, 10903 by the Secretary of Homeland Security four Authorizations under the Federal New Hampshire Ave., Bldg. 1, Rm. pursuant to section 319F–2 of the Public Food, Drug, and Cosmetic Act (FD&C 4332, Silver Spring, MD 20993–0002, Health Service (PHS) Act (42 U.S.C. Act), as requested by the Department of 301–796–8510 (this is not a toll free 247d–6b) sufficient to affect national Health and Human Services (HHS) number). security or the health and security of Biomedical Advanced Research and U.S. citizens living abroad. Development Authority (BARDA), SUPPLEMENTARY INFORMATION: Once the Secretary of HHS has Fresenius Medical Care, Gilead I. Background declared that circumstances exist Sciences, Inc., and Fresenius Kabi USA, justifying an authorization under LLC. The Authorizations contain, Section 564 of the FD&C Act (21 section 564 of the FD&C Act, FDA may among other things, conditions on the U.S.C. 360bbb–3) allows FDA to authorize the emergency use of a drug, emergency use of the authorized drugs. strengthen the public health protections device, or biological product if the The Authorizations follow the February against biological, chemical, nuclear, Agency concludes that the statutory 4, 2020, determination by the Secretary and radiological agents. Among other criteria are satisfied. Under section of HHS that there is a public health things, section 564 of the FD&C Act 564(h)(1) of the FD&C Act, FDA is emergency that has a significant allows FDA to authorize the use of an required to publish in the Federal potential to affect national security or unapproved medical product or an Register a notice of each authorization, the health and security of U.S. citizens unapproved use of an approved medical and each termination or revocation of an living abroad and that involves a novel product in certain situations. With this authorization, and an explanation of the (new) coronavirus. The virus is now EUA authority, FDA can help ensure reasons for the action. Section 564 of the named SARS-CoV–2, which causes the that medical countermeasures may be FD&C Act permits FDA to authorize the illness COVID–19. On the basis of such used in emergencies to diagnose, treat, introduction into interstate commerce of determination, the Secretary of HHS or prevent serious or life-threatening declared on March 27, 2020, that diseases or conditions caused by 1 In the case of a determination by the Secretary circumstances exist justifying the biological, chemical, nuclear, or of Defense, the Secretary of HHS shall determine within 45 calendar days of such determination, authorization of emergency use of drugs radiological agents when there are no whether to make a declaration under section and biological products during the adequate, approved, and available 564(b)(1) of the FD&C Act, and, if appropriate, shall COVID–19 pandemic, pursuant to the alternatives. promptly make such a declaration.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56232 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

a drug, device, or biological product III. The Authorizations On June 15, 2020, FDA revoked the EUA intended for use when the Secretary of The Authorizations follow the for BARDA for oral formulations of HHS has declared that circumstances February 4, 2020, determination by the chloroquine phosphate and exist justifying the authorization of Secretary of HHS that there is a public hydroxychloroquine sulfate because the emergency use. Products appropriate for health emergency that has a significant criteria for issuance were no longer met. emergency use may include products potential to affect national security or Under section 564(c)(2) of the FD&C and uses that are not approved, cleared, the health and security of U.S. citizens Act, an EUA may be issued only if FDA or licensed under sections 505, 510(k), living abroad and that involves a novel concludes that, based on the totality of 512, or 515 of the FD&C Act (21 U.S.C. (new) coronavirus. The virus is now scientific evidence available to the 355, 360(k), 360b, and 360e) or section named SARS-CoV–2, which causes the Secretary, including data from adequate 351 of the PHS Act (42 U.S.C. 262), or illness COVID–19. Notice of the and well-controlled clinical trials, if conditionally approved under section Secretary’s determination was provided available, it is reasonable to believe that: 571 of the FD&C Act (21 U.S.C. 360ccc). in the Federal Register on February 7, (1) The product may be effective in FDA may issue an EUA only if, after 2020 (85 FR 7316). On the basis of such diagnosing, treating, or preventing such consultation with the HHS Assistant disease or condition and (2) the known Secretary for Preparedness and determination, the Secretary of HHS declared on March 27, 2020, that and potential benefits of the product, Response, the Director of the National when used to diagnose, prevent, or treat Institutes of Health, and the Director of circumstances exist justifying the such disease or condition, outweigh the the Centers for Disease Control and authorization of emergency use of drugs known and potential risks of the Prevention (to the extent feasible and and biological products during the product. Based on a review of new appropriate given the applicable COVID–19 pandemic, pursuant to information and a reevaluation of circumstances), FDA 2 concludes: (1) section 564 of the FD&C Act, subject to information available at the time the That an agent referred to in a the terms of any authorization issued declaration of emergency or threat can under that section. Notice of the EUA was issued, FDA now concludes it cause a serious or life-threatening Secretary’s declaration was provided in is no longer reasonable to believe that disease or condition; (2) that, based on the Federal Register on April 1, 2020 (1) oral formulations of chloroquine the totality of scientific evidence (85 FR 18250). Having concluded that phosphate and hydroxychloroquine available to FDA, including data from the criteria for issuance of the sulfate may be effective in treating adequate and well-controlled clinical Authorizations under section 564(c) of COVID–19 for the uses authorized in the trials, if available, it is reasonable to the FD&C Act are met, FDA has issued EUA, or (2) the known and potential believe that: (A) The product may be four authorizations for the emergency benefits of these products outweigh effective in diagnosing, treating, or use of drugs during the COVID–19 their known and potential risks for preventing (i) such disease or condition; pandemic. On March 28, 2020, FDA those uses. Accordingly, FDA revokes or (ii) a serious or life-threatening issued an EUA to BARDA for oral the EUA for emergency use of disease or condition caused by a formulations of chloroquine phosphate chloroquine phosphate and product authorized under section 564, and hydroxychloroquine sulfate, subject hydroxychloroquine sulfate to treat approved or cleared under the FD&C to the terms of the Authorization. On COVID–19, pursuant to section 564(g)(2) Act, or licensed under section 351 of the April 30, 2020, FDA issued an EUA to of the FD&C Act. Fresenius Medical Care for multiFiltrate PHS Act, for diagnosing, treating, or V. The Revocation preventing such a disease or condition PRO System and multiBic/multiPlus caused by such an agent; and (B) the Solutions, subject to the terms of the Having concluded that the criteria for known and potential benefits of the Authorization. On May 1, 2020, FDA revocation of the Authorization under product, when used to diagnose, issued an EUA to Gilead Sciences, Inc. section 564(g) of the FD&C Act are met, prevent, or treat such disease or for remdesivir, subject to the terms of FDA has revoked the EUA for BARDA’s condition, outweigh the known and the Authorization. On May 8, 2020, FDA oral formulations of chloroquine potential risks of the product, taking issued an EUA to Fresenius Kabi USA, phosphate and hydroxychloroquine into consideration the material threat LLC for Fresenius Propoven 2% sulfate. The revocation in its entirety posed by the agent or agents identified Emulsion, subject to the terms of the follows, below section VI. Electronic in a declaration under section Authorization. The Authorizations in Access, and provides an explanation of 564(b)(1)(D) of the FD&C Act, if their entirety (not including the the reasons for revocation, as required applicable; (3) that there is no adequate, authorized versions of the fact sheets by section 564(h)(1) of the FD&C Act. approved, and available alternative to and other written materials) follow, the product for diagnosing, preventing, below section VI Electronic Access, and VI. Electronic Access or treating such disease or condition; (4) provide an explanation of the reasons in the case of a determination described for issuance, as required by section An electronic version of this in section 564(b)(1)(B)(ii), that the 564(h)(1) of the FD&C Act. document and the full text of the request for emergency use is made by Authorizations and revocation are IV. EUA Criteria for Issuance No the Secretary of Defense; and (5) that available on the internet at https:// Longer Met such other criteria as may be prescribed www.fda.gov/emergency-preparedness- by regulation are satisfied. Under section 564(g)(2) of the FD&C and-response/mcm-legal-regulatory- No other criteria for issuance have Act, the Secretary of HHS may revoke and-policy-framework/emergency-use- been prescribed by regulation under an EUA if, among other things, the authorization. section 564(c)(4) of the FD&C Act. criteria for issuance are no longer met. BILLING CODE 4164–01–P

2 The Secretary of HHS has delegated the authority to issue an EUA under section 564 of the FD&C Act to the Commissioner of Food and Drugs.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56233

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.004 56234 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.005 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56235

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.006 56236 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.007 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56237

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.008 56238 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.009 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56239

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.010 56240 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.011 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56241

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.012 56242 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.013 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56243

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.014 56244 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.015 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56245

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.016 56246 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.017 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56247

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.018 56248 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.019 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56249

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.020 56250 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.021 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56251

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.022 56252 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.023 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56253

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.024 56254 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.025 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56255

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.026 56256 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.027 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56257

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.028 56258 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.029 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56259

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.030 56260 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.031 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56261

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.032 56262 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.033 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56263

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4725 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.034 56264 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

Dated: September 3, 2020. amended, notice is hereby given of the Special Emphasis Panel; Review of Lowell J. Schiller, following meetings. Institutional Training Grants in Digestive Principal Associate Commissioner for Policy. Diseases and Nutrition. The meetings will be closed to the Date: September 30, 2020. [FR Doc. 2020–20041 Filed 9–10–20; 8:45 am] public in accordance with the Time: 9:00 a.m. to 6:00 p.m. BILLING CODE 4164–01–C provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. as amended. The grant applications and Place: National Institutes of Health, Two DEPARTMENT OF HEALTH AND the discussions could disclose Democracy Plaza, 6707 Democracy HUMAN SERVICES confidential trade secrets or commercial Boulevard, Bethesda, MD 20892 (Video property such as patentable material, Meeting). National Institutes of Health and personal information concerning Contact Person: Tian, Lan, Ph.D., Scientific Review Officer, Review Branch, DEA, National Institute of Diabetes and individuals associated with the grant applications, the disclosure of which NIDDK, National Institutes of Health, Suite Digestive and Kidney Diseases; Notice 7016, 6707 Democracy Boulevard, Bethesda, of Closed Meetings would constitute a clearly unwarranted MD 20892–5452, (301) 496–7050, tianl@ invasion of personal privacy. niddk.nih.gov. Pursuant to section 10(d) of the Name of Committee: National Institute of Name of Committee: National Institute of Federal Advisory Committee Act, as Diabetes and Digestive and Kidney Diseases Diabetes and Digestive and Kidney Diseases

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.035 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56265

Special Emphasis Panel; Development of Division of Extramural Activities, NIDDK, Agenda: To review and evaluate grant Swallowable Smart Pills/Devices (phased National Institutes of Health, Room 7353, applications. R21/R33). 6707 Democracy Boulevard, Bethesda, MD Place: National Institutes of Health, Date: October 22, 2020. 20892–2542, (301) 594–8898 barnardm@ Rockledge II, 6701 Rockledge Drive, Time: 1:00 p.m. to 3:00 p.m. extra.niddk.nih.gov. Bethesda, MD 20892 (Virtual Meeting). Agenda: To review and evaluate grant This notice is being published less than 15 Contact Person: John Bishop, Ph.D., applications. days prior to the meeting due to the timing Scientific Review Officer, Center for Place: National Institutes of Health, Two limitations imposed by the review and Scientific Review, National Institutes of Democracy Plaza, 6707 Democracy funding cycle. Health, 6701 Rockledge Drive, Room 5182, MSC 7844, Bethesda, MD 20892, (301) 408– Boulevard, Bethesda, MD 20892 (Video (Catalogue of Federal Domestic Assistance 9664, [email protected]. Meeting). Program Nos. 93.847, Diabetes, Contact Person: Tian, Lan, Ph.D., Scientific Endocrinology and Metabolic Research; (Catalogue of Federal Domestic Assistance Review Officer, Review Branch, DEA, 93.848, Digestive Diseases and Nutrition Program Nos. 93.306, Comparative Medicine; NIDDK, National Institutes of Health, Suite Research; 93.849, Kidney Diseases, Urology 93.333, Clinical Research, 93.306, 93.333, 7016, 6707 Democracy Boulevard, Bethesda, and Hematology Research, National Institutes 93.337, 93.393–93.396, 93.837–93.844, MD 20892–5452, (301) 496–7050, tianl@ of Health, HHS) 93.846–93.878, 93.892, 93.893, National niddk.nih.gov. Institutes of Health, HHS) Dated: September 8, 2020. (Catalogue of Federal Domestic Assistance Dated: September 4, 2020. Program Nos. 93.847, Diabetes, Miguelina Perez, Endocrinology and Metabolic Research; Program Analyst, Office of Federal Advisory Tyeshia M. Roberson, 93.848, Digestive Diseases and Nutrition Committee Policy. Program Analyst, Office of Federal Advisory Committee Policy. Research; 93.849, Kidney Diseases, Urology [FR Doc. 2020–20093 Filed 9–10–20; 8:45 am] and Hematology Research, National Institutes [FR Doc. 2020–20050 Filed 9–10–20; 8:45 am] BILLING CODE 4140–01–P of Health, HHS) BILLING CODE 4140–01–P Dated: September 8, 2020. Miguelina Perez, DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Program Analyst, Office of Federal Advisory HUMAN SERVICES Committee Policy. HUMAN SERVICES National Institutes of Health [FR Doc. 2020–20088 Filed 9–10–20; 8:45 am] National Institutes of Health BILLING CODE 4140–01–P Center for Scientific Review; Notice of Closed Meetings Eunice Kennedy Shriver National Institute of Child Health & Human DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Development; Amended Notice of HUMAN SERVICES Federal Advisory Committee Act, as Meeting amended, notice is hereby given of the National Institutes of Health following meetings. Notice is hereby given of a change in The meetings will be closed to the the meeting of the Pediatrics National Institute of Diabetes and public in accordance with the Subcommittee, October 08, 2020, 8:00 Digestive and Kidney Diseases; Notice provisions set forth in sections a.m. to October 08, 2020, 5:00 p.m., of Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of Child Health and Pursuant to section 10(d) of the as amended. The grant applications and Human Development, 6710B Rockledge Federal Advisory Committee Act, as the discussions could disclose Drive, Bethesda, MD 20892 which was amended, notice is hereby given of the confidential trade secrets or commercial published in the Federal Register on following meeting. property such as patentable material, August 14, 2020, 85 FR 49662. The meeting will be closed to the and personal information concerning The meeting format has changed from public in accordance with the individuals associated with the grant a Virtual Meeting to a Video Assisted provisions set forth in sections applications, the disclosure of which Meeting. The meeting is closed to the public. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted as amended. The grant applications and invasion of personal privacy. Dated: September 4, 2020. the discussions could disclose Name of Committee: Cell Biology Ronald J. Livingston, Jr., confidential trade secrets or commercial Integrated Review Group Molecular and Program Analyst, Office of Federal Advisory property such as patentable material, Integrative Signal Transduction Study Committee Policy. and personal information concerning Section. [FR Doc. 2020–20051 Filed 9–10–20; 8:45 am] Date: October 13, 2020. individuals associated with the grant BILLING CODE 4140–01–P applications, the disclosure of which Time: 10:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant would constitute a clearly unwarranted applications. invasion of personal privacy. Place: National Institutes of Health, DEPARTMENT OF HEALTH AND Name of Committee: National Institute of Rockledge II, 6701 Rockledge Drive, HUMAN SERVICES Diabetes and Digestive and Kidney Diseases Bethesda, MD 20892 (Virtual Meeting). Special Emphasis Panel; NIDDK Review Contact Person: Charles Selden, Ph.D., National Institutes of Health Meeting. Scientific Review Officer, Center for Date: September 10, 2020. Scientific Review, National Institutes of National Institute on Deafness and Time: 10:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 5187, Other Communication Disorders; Agenda: To review and evaluate grant MSC 7840, Bethesda, MD 20892, 301–451– Notice of Closed Meetings applications and/or proposals. 3388, [email protected]. Place: National Institutes of Health, Two Name of Committee: Integrative, Pursuant to section 10(d) of the Democracy Plaza, 6707 Democracy Functional and Cognitive Neuroscience Federal Advisory Committee Act, as Boulevard, Bethesda, MD 20892 (Video Integrated Review Group; Chemosensory amended, notice is hereby given of the Meeting). Systems Study Section. following meetings. Contact Person: Michele L. Barnard, Ph.D., Date: October 15–16, 2020. The meetings will be closed to the Scientific Review Officer, Review Branch, Time: 9:00 a.m. to 7:00 p.m. public in accordance with the

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56266 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

provisions set forth in sections DEPARTMENT OF HEALTH AND Research, Housing and Urban 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES Development (HUD). as amended. The grant applications and ACTION: Notice. the discussions could disclose Substance Abuse and Mental Health confidential trade secrets or commercial Services Administration SUMMARY: The U.S. Department of property such as patentable material, Housing and Urban Development (HUD) Current List of HHS-Certified is seeking approval from the Office of and personal information concerning Laboratories and Instrumented Initial individuals associated with the grant Management and Budget (OMB) for the Testing Facilities Which Meet Minimum information collection described below. applications, the disclosure of which Standards To Engage in Urine and Oral In accordance with the Paperwork would constitute a clearly unwarranted Fluid Drug Testing for Federal Reduction Act, HUD is requesting invasion of personal privacy. Agencies comment from all interested parties on Name of Committee: National Institute on the proposed collection of information. In notice document 2020–19209, Deafness and Other Communication The purpose of this notice is to allow for appearing on pages 54393–54394, in the Disorders Special Emphasis Panel; Voice, 60 days of public comment. Speech, and Language Application Review. issue of September 1, 2020, make the following corrections: DATES: Comments Due Date: November Date: October 28, 2020. 10, 2020. Time: 12:00 p.m. to 4:00 p.m. 1. On page 54394, in the first column, ADDRESSES: Interested persons are Agenda: To review and evaluate grant in the fifteenth through twentieth lines: invited to submit comments regarding applications. ‘‘Legacy Laboratory Services this proposal. Comments should refer to Place: National Institutes of Health, NSC Toxicology, 1225 NE 2nd Ave, Portland, the proposal by name and/or OMB Building, 6001 Executive Boulevard, OR 97232, 503–413–5295/800–950– Bethesda, MD 20892 (Telephone Conference 5295, MedTox Laboratories, Inc., 402 W Control Number and should be sent to: Call). County Road D, St. Paul, MN 55112, Anna P. Guido, Reports Management Contact Person: Sheo Singh, Ph.D., 651–636–7466/800–832–3244’’, should Officer, QDAM, Department of Housing Scientific Review Officer, Scientific Review read: and Urban Development, 451 7th Street Branch, Division of Extramural Activities, ‘‘Legacy Laboratory Services SW, Room 4176, Washington, DC 6001 Executive Blvd., Room 8351, Bethesda, Toxicology, 1225 NE 2nd Ave, 20410–5000; telephone 202–402–5534 MD 20892, (301) 496–8683, singhs@ Portland, OR 97232, 503–413–5295/ (this is not a toll-free number) or email nidcd.nih.gov. 800–950–529 at [email protected] for a copy of the proposed forms or other available Name of Committee: National Institute on MedTox Laboratories, Inc., 402 W information. Persons with hearing or Deafness and Other Communication County Road D, St. Paul, MN 55112, Disorders Special Emphasis Panel; NIDCD 651–636–7466/800–832–3244’’ speech impairments may access this number through TTY by calling the toll- Institutional Training Grant Review. 2. On the same page, in the same free Federal Relay Service at (800) 877– Date: November 2, 2020. column, in the thirty-second through 8339. Time: 1:00 p.m. to 4:30 p.m. thirty-ninth lines: Agenda: To review and evaluate grant ‘‘Phamatech, Inc., 15175 Innovation FOR FURTHER INFORMATION CONTACT: applications. Drive, San Diego, CA 92128, 888–635– Anna P. Guido, Reports Management Place: National Institutes of Health, NSC 5840, Quest Diagnostics Incorporated, Officer, QDAM, Department of Housing Building, 6001 Executive Boulevard, 1777 Montreal Circle, Tucker, GA and Urban Development, 451 7th Street Bethesda, MD 20892 (Telephone Conference 30084, 800–729–6432, (Formerly: SW, Washington, DC 20410; email Anna Call). SmithKline Beecham Clinical P. Guido at [email protected] or Contact Person: Katherine Shim, Ph.D., Laboratories; SmithKline Bio-Science telephone 202–402–5535. This is not a Scientific Review Officer, Division of Laboratories)’’, should read: toll-free number. Persons with hearing Extramural Activities, NIH/NIDCD, 6001 or speech impairments may access this ‘‘Phamatech, Inc., 15175 Innovation Executive Blvd., Room 8351, Bethesda, MD number through TTY by calling the toll- Drive, San Diego, CA 92128, 888– 20892, (301) 496–8683, katherine.shim@ free Federal Relay Service at (800) 877– nih.gov. 635–5840 8339. Quest Diagnostics Incorporated, 1777 (Catalogue of Federal Domestic Assistance Copies of available documents Montreal Circle, Tucker, GA 30084, submitted to OMB may be obtained Program Nos. 93.173, Biological Research 800–729–6432, (Formerly: SmithKline Related to Deafness and Communicative from Ms. Guido. Beecham Clinical Laboratories; Disorders, National Institutes of Health, HHS) SUPPLEMENTARY INFORMATION: SmithKline Bio-Science This Dated: September 8, 2020. Laboratories)’’ notice informs the public that HUD is seeking approval from OMB for the Miguelina Perez, [FR Doc. C1–2020–19209 Filed 9–10–20; 8:45 am] information collection described in Program Analyst, Office of Federal Advisory BILLING CODE 1301–00–D Section A. Committee Policy. [FR Doc. 2020–20094 Filed 9–10–20; 8:45 am] A. Overview of Information Collection BILLING CODE 4140–01–P DEPARTMENT OF HOUSING AND Title of Information Collection: URBAN DEVELOPMENT Evaluation of Cohort 1 of the Moving to Work Demonstration Program [Docket No. FR–7029–N–08] Expansion. 60-Day Notice of Proposed Information OMB Approval Number: Pending. Collection: Evaluation of Cohort 1 of Type of Request: New collection. the Moving to Work Demonstration Form Number: NA. Program Expansion Description of the need for the information and proposed use: The AGENCY: Office of the Assistant Office of Policy Development and Secretary for Policy Development and Research (PD&R), at the U.S.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56267

Department of Housing and Urban The Evaluation of Cohort 1 of the group agencies are expected to take up Development (HUD), is proposing the Moving to Work Demonstration Program to 2 hours to complete. The interviews collection of information for the Expansion will be implemented as a with PHA Executive Directors and staff Evaluation of Cohort 1 of the Moving to randomized control trial. To carry out in the control group agencies are Work Demonstration Program the study, HUD randomly assigned the expected to take up to 1.5 hours to Expansion. 43 eligible PHAs that submitted a Letter complete. Finally, the online surveys Moving to Work (MTW) is a of Interest to HUD for Cohort 1 into one with control group PHAs are expected demonstration program that encourages of two groups: A treatment group (33 to take 0.5 hours to complete. public housing agencies (PHAs) to test PHAs) that is invited to complete the Frequency of Response: Interviews ways to achieve three specific application for MTW designation and a with the treatment group PHAs are objectives: (1) Increase the cost control group (10 PHAs) that is not expected to take place once a year for effectiveness of federal housing invited to complete the application for each of five years. Interviews with the programs, (2) increase housing choice MTW designation and therefore is not control group PHAs, and the online for low-income families, and/or (3) permitted to receive MTW designation survey with control group PHAs, will encourage greater self-sufficiency of under Cohort 1. take place every other year (year 1, year households receiving housing The evaluation will compare the 3, and year 5 of data collection). assistance. MTW designation gives outcomes of the treatment group PHAs Estimated Total Annual Burden PHAs relief from many of the to the outcomes of the control group Hours: Data collection during years 1, 3, regulations and statutory provisions that PHAs over a five-year period. To the and 5 will require up to 233 hours in apply to the public housing and extent possible, this evaluation will rely combined time for all interviews and Housing Choice Voucher (HCV) on analysis of secondary data that PHAs survey responses. Data collection during already prepare and submit to HUD, programs. MTW agencies can also merge years 2 and 4, when data is not collected however, some primary data collection their public housing and HCV funds form the control group PHAs, will will be required. require only 198 hours in combined into a single block grant and use these This Federal Register Notice provides time for all interviews and survey funds (if desired) for local activities an opportunity to comment on the responses. outside of the typical public housing information collection for the and HCV programs, such as providing evaluation. The evaluation will use the Estimated Total Annual Cost: The supportive services or developing data described in this information total estimated annual cost for this housing for populations with special collection request to clarify and expand information collection during years 1, 3, needs. In 2016, Congress authorized on information provided in the existing and 5 is $12,148.62. The total estimated HUD to expand the MTW program by data sources and to capture qualitative annual cost is calculated by multiplying 100 high performing PHAs. information about the experiences of the total number of respondent hours The MTW expansion statute study PHAs implementing activities (233) by $52.14. $52.14 was the average emphasizes evaluating the MTW related to cost effectiveness, self- hourly compensation (wages and program, directing HUD to expand the sufficiency, or housing choice without benefits) for state and local government program in cohorts that would allow for MTW flexibility. The proposed workers in December 2019 according to ‘‘one specific policy change to be information collection consists of: (1) the Bureau of Labor Statistics (https:// implemented. . . .’’ and rigorously Interviews with MTW (treatment group) www.bls.gov/news.release/pdf/ evaluated. The first cohort of the PHAs; (2) online surveys to non-MTW ecec.pdf). The total estimated annual expansion will test the impact of MTW (control group) PHAs; and (3) interviews cost for this information collection designation on small PHAs, defined for with non-MTW (control group) PHAs. during years 2 and 4, when data is not these purposes as PHAs administering Respondents: PHA Executive collected form the control group PHAs, no more than 1,000 housing units across Directors and staff. is $10,232.72. The total estimated their HCV and public housing programs. Estimated Number of Respondents: annual cost is calculated by multiplying In Cohort 1, PHAs are free to implement This information collection will affect the total number of respondent hours any program and policy changes approximately 129 PHA Executive (198) by $52.14. $52.14 was the average permissible under the MTW program. Directors and Staff annually. HUD hourly compensation (wages and Under contract with HUD’s Office of expects to collect data from benefits) for state and local government Policy Development and Research, Abt approximately three staff at each the 33 workers in December 2019 according to Associates Inc. will conduct an treatment group PHAs each year, and the Bureau of Labor Statistics evaluation of Cohort 1 that includes a approximately two staff at each of the Respondent’s Obligation: Voluntary. study of how PHAs use their MTW ten control group PHAs every other Legal Authority: The survey is flexibility to meet the MTW program’s year. conducted under Title 12, United States goals and a study of the impact of MTW Estimated Time per Response: The Code, Section 1701z and Section 3507 designation on cost effectiveness, self- interviews with PHA Executive of the Paperwork Reduction Act of 1995, sufficiency, and housing choice. Directors and staff in the treatment 44, U.S.C., 35, as amended.

Frequency Responses Burden Annual Hourly Information collection Number of of per hours per burden cost per Cost respondents response annum response hours response

Interviews: Treatment PHAs ...... 99 1 1 2 198 $52.14 $10,232.72 Online Surveys: Control PHAs ...... 10 1 1 0.5 5 52.14 260.70 Interviews: Control PHAs ...... 20 1 1 1.5 30 52.14 1,564.20

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56268 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

Frequency Responses Burden Annual Hourly Information collection Number of of per hours per burden cost per Cost respondents response annum response hours response

Total ...... 129 ...... 233 ...... 12,148.62

B. Solicitation of Public Comment be officially filed in the Bureau of Land Fairbanks Meridian, Alaska This notice is soliciting comments Management (BLM), Alaska State Office, U.S. Survey No. 14510, accepted September from members of the public and affected Anchorage, Alaska. The surveys, which 2, 2020, situated in T. 19 S., R. 1 E. parties concerning the collection of were executed at the request of the T. 6 S., R. 27 E., accepted September 2, 2020 information described in Section A on Bureau of Indian Affairs and BLM, are T. 6 S., R. 28 E., accepted September 2, 2020 the following: necessary for the management of these lands. A person or party who wishes to (1) Whether the proposed collection protest one or more plats of survey DATES: of information is necessary for the The BLM must receive protests identified above must file a written by October 13, 2020. proper performance of the functions of notice of protest with the State Director the agency, including whether the ADDRESSES: You may buy a copy of the for the BLM in Alaska. The notice of information will have practical utility; plats from the BLM Alaska Public protest must identify the plat(s) of (2) The accuracy of the agency’s Information Center, 222 W 7th Avenue, survey that the person or party wishes estimate of the burden of the proposed Mailstop 13, Anchorage, AK 99513. to protest. You must file the notice of collection of information; Please use this address when filing protest before the scheduled date of (3) Ways to enhance the quality, written protests. You may also view the utility, and clarity of the information to official filing for the plat(s) of survey plats at the BLM Alaska Public being protested. The BLM will not be collected; and Information Center, Fitzgerald Federal consider any notice of protest filed after (4) Ways to minimize the burden of Building, 222 W 8th Avenue, the scheduled date of official filing. A the collection of information on those Anchorage, AK, at no cost. who are to respond, including through notice of protest is considered filed on FOR FURTHER INFORMATION CONTACT: the use of appropriate automated the date it is received by the State Douglas N. Haywood, Chief, Branch of collection techniques or other forms of Director for the BLM in Alaska during Cadastral Survey, Alaska State Office, information technology, e.g., permitting regular business hours; if received after Bureau of Land Management, 222 W 7th electronic submission of responses. regular business hours, a notice of Avenue, Anchorage, AK 99513; 907– HUD encourages interested parties to protest will be considered filed the next 271–5481; [email protected]. People submit comment in response to these business day. A written statement of who use a telecommunications device questions. for the deaf may call the Federal Relay reasons in support of a protest, if not Authority: Section 3507 of the Paperwork Service (FRS) at 1–800–877–8339 to filed with the notice of protest, must be Reduction Act of 1995, 44 U.S.C. Chapter 35. contact the BLM during normal business filed with the State Director for the BLM Assistant Secretary for Policy hours. The FRS is available 24 hours a in Alaska within 30 calendar days after Development and Research, Seth D. day, 7 days a week, to leave a message the notice of protest is filed. Appleton, having reviewed and or question with the above individual. If a notice of protest against a plat of approved this document, is delegating You will receive a reply during normal survey is received prior to the the authority to electronically sign this business hours. scheduled date of official filing, the document to submitter, Nacheshia Foxx, SUPPLEMENTARY INFORMATION: The lands official filing of the plat of survey who is the Federal Register Liaison for surveyed are: identified in the notice of protest will be HUD, for purposes of publication in the stayed pending consideration of the Copper River Meridian, Alaska Federal Register. protest. A plat of survey will not be U.S. Survey No. 13841, accepted August 19, officially filed until the dismissal or Dated: September 8, 2020. 2020, situated in Tps. 16 N., Rs. 12 and 13 Nacheshia Foxx, E. resolution of all protests of the plat. Federal Register Liaison for Housing and T. 18 N., R. 11 E., accepted August 6, 2020 Before including your address, phone Urban Development. T. 26 N., R. 15 E., accepted August 31, 2020 number, email address, or other [FR Doc. 2020–20062 Filed 9–10–20; 8:45 am] T. 27 N., R. 15 E., accepted August 31, 2020 personally identifiable information in a T. 22 N., R. 16 E., accepted August 31, 2020 BILLING CODE 4210–67–P T. 23 N., R. 16 E., accepted August 31, 2020 notice of protest or statement of reasons, T. 24 N., R. 16 E., accepted August 31, 2020 you should be aware that the documents T. 25 N., R. 16 E., accepted August 31, 2020 you submit, including your personally DEPARTMENT OF THE INTERIOR T. 26 N., R. 16 E., accepted August 31, 2020 identifiable information, may be made T. 27 N., R. 16 E., accepted August 31, 2020 publicly available in their entirety at Bureau of Land Management T. 23 N., R. 17 E., accepted August 31, 2020 any time. While you can ask the BLM T. 24 N., R. 17 E., accepted August 31, 2020 to withhold your personally identifiable [LLAK940000.L14100000.BX0000.20X. T. 25 N., R. 17 E., accepted August 31, 2020 LXSS001L0100] T. 26 N., R. 17 E., accepted August 31, 2020 information from public review, we T. 27 N., R. 17 E., accepted August 31, 2020 cannot guarantee that we will be able to Filing of Plats of Survey: Alaska T. 27 N., R. 18 E., accepted August 31, 2020 do so. T. 28 N., R. 18 E., accepted August 31, 2020 AGENCY: Bureau of Land Management, Authority: 43 U.S.C. Chap. 3. T. 26 N., R. 19 E., accepted August 31, 2020 Interior. T. 27 N., R. 19 E., accepted August 31, 2020 Douglas N. Haywood, ACTION: Notice of official filing. T. 28 N., R. 19 E., accepted August 31, 2020 Chief Cadastral Surveyor, Alaska. T. 26 N., R. 20 E., accepted August 31, 2020 SUMMARY: The plats of survey of lands T. 27 N., R. 20 E., accepted August 31, 2020 [FR Doc. 2020–20080 Filed 9–10–20; 8:45 am] described in this notice are scheduled to T. 28 N., R. 20 E., accepted August 31, 2020 BILLING CODE 4310–JA–P

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00057 Fmt 4703 Sfmt 9990 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56269

DEPARTMENT OF THE INTERIOR U.S.C. 3003(d)(3) and 43 CFR 10.11(d). Band (Nett Lake); Fond du Lac Band; The determinations in this notice are Grand Portage Band; Leech Lake Band; National Park Service the sole responsibility of the museum, Mille Lacs Band; White Earth Band); [NPS–WASO–NAGPRA–NPS0030681; institution, or Federal agency that has Ottawa Tribe of Oklahoma; Peoria Tribe PPWOCRADN0–PCU00RP14.R50000] control of the Native American human of Indians of Oklahoma; Prairie Band remains and associated funerary objects. Potawatomi Nation (previously listed as Notice of Inventory Completion: The National Park Service is not Prairie Band of Potawatomi Nation, Michigan State University, East responsible for the determinations in Kansas); Red Cliff Band of Lake Lansing, MI this notice. Superior Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Consultation AGENCY: National Park Service, Interior. Indians, Minnesota; Sac & Fox Nation of ACTION: Notice. A detailed assessment of the human Missouri in Kansas and Nebraska; Sac & remains was made by Michigan State Fox Nation, Oklahoma; Sac & Fox Tribe SUMMARY: Michigan State University has University professional staff in of the Mississippi in Iowa; Seneca completed an inventory of human consultation with representatives of the Nation of Indians (previously listed as remains and associated funerary objects, Bay Mills Indian Community, Michigan; Seneca Nation of New York); Seneca- in consultation with the appropriate Grand Traverse Band of Ottawa and Cayuga Nation (previously listed as Indian Tribes or Native Hawaiian Chippewa Indians, Michigan; Seneca-Cayuga Tribe of Oklahoma); organizations and has determined that Hannahville Indian Community, Shawnee Tribe; Sokaogon Chippewa there is no cultural affiliation between Michigan; Keweenaw Bay Indian Community, Wisconsin; St. Croix the human remains and associated Community, Michigan; Lac Vieux Desert Chippewa Indians of Wisconsin; funerary objects and any present-day Band of Lake Superior Chippewa Stockbridge Munsee Community, Indian Tribes or Native Hawaiian Indians of Michigan; Little River Band Wisconsin; Tonawanda Band of Seneca organizations. Representatives of any of Ottawa Indians, Michigan; Little (previously listed as Tonawanda Band Indian Tribes or Native Hawaiian Traverse Bay Bands of Odawa Indians, of Seneca Indians of New York); Turtle organization not identified in this notice Michigan; Match-e-be-nash-she-wish Mountain Band of Chippewa Indians of that wish to request transfer of control Band of Pottawatomi Indians of North Dakota; and the Wyandotte of these human remains and associated Michigan; Nottawaseppi Huron Band of Nation, hereafter referred to as ‘‘The funerary objects should submit a written the Potawatomi, Michigan (previously Invited Tribes.’’ request to Michigan State University. If listed as Huron Potawatomi, Inc.); no additional requestors come forward, Pokagon Band of Potawatomi Indians, History and Description of the Remains transfer of control of the human remains Michigan and Indiana; Saginaw On August 29, 1928, human remains and associated funerary objects to the Chippewa Indian Tribe of Michigan; representing, at minimum, two Indian Tribes or Native Hawaiian Sault Ste. Marie Tribe of Chippewa individuals were removed from the organizations stated in this notice may Indians, Michigan; and two non- Antrim Creek site, which is located proceed. federally recognized Indian groups, the along Old Dixie Highway and by Grand DATES: Representatives of any Indian Burt Lake Band of Ottawa and Traverse Bay, in Antrim County, MI. Tribes or Native Hawaiian organization Chippewa Indians, and the Grand River The human remains (6839.1, 6839.2, not identified in this notice that wish to Band of Ottawa Indians (hereafter 6839.3, 6839.4, 6839.5, 6839.6, 6839.7) request transfer of control of these referred to as ‘‘The Consulted Tribes were discovered by local resident human remains and associated funerary and Groups’’). Norton Pearl. On January 4, 1989, Mr. An invitation to consult was extended objects should submit a written request Pearl’s descendant, Betty Beeby, to the Absentee-Shawnee Tribe of with information in support of the donated the human remains to the Indians of Oklahoma; Bad River Band of request to Michigan State University at Michigan State University Museum. No the Lake Superior Tribe of Chippewa the address in this notice by October 13, known individuals were identified. No Indians of the Bad River Reservation, 2020. associated funerary objects are present. Wisconsin; Chippewa Cree Indians of On July 27, 1966, human remains FOR FURTHER INFORMATION CONTACT: the Rocky Boy’s Reservation, Montana representing, at minimum, one Judith Stoddart, Associate Provost for (previously listed as Chippewa-Cree individual were removed from the University Collections and Arts Indians of the Rocky Boy’s Reservation, Zimmer site (20AN64), Antrim County, Initiatives, Michigan State University, Montana); Citizen Potawatomi Nation, MI. The human remains (2590) and 466 W Circle Drive, East Lansing, MI Oklahoma; Delaware Nation, Oklahoma; associated funerary objects were 48824–1044, telephone (517) 432–2524, Delaware Tribe of Indians; Eastern disturbed during the construction of a email [email protected]. Shawnee Tribe of Oklahoma; Forest house foundation. The property owner, SUPPLEMENTARY INFORMATION: Notice is County Potawatomi Community, Martha Zimmer, contacted Michigan here given in accordance with the Wisconsin; Kickapoo Traditional Tribe State University, which excavated the Native American Graves Protection and of Texas; Kickapoo Tribe of Indians of human remains and cultural items. No Repatriation Act (NAGPRA), 25 U.S.C. the Kickapoo Reservation in Kansas; known individual was identified. The 3003, of the completion of an inventory Kickapoo Tribe of Oklahoma; Lac two associated funerary objects are chert of human remains and associated Courte Oreilles Band of Lake Superior flakes (2590). funerary objects under the control of Chippewa Indians of Wisconsin; Lac du On an unknown date, human remains Michigan State University, East Lansing, Flambeau Band of Lake Superior representing, at minimum, one MI. The human remains and associated Chippewa Indians of the Lac du individual were removed from Beaver funerary objects were removed from Flambeau Reservation of Wisconsin; Island, Charlevoix County, MI. The Antrim, Charlevoix, Chippewa, Ionia, Little Shell Tribe of Chippewa Indians human remains (2004.46.72) were Leelanau, and Mecosta Counties, MI. of Montana; Menominee Indian Tribe of acquired by Kalamazoo resident Donald This notice is published as part of the Wisconsin; Miami Tribe of Oklahoma; Boudeman, who collected Southwest National Park Service’s administrative Minnesota Chippewa Tribe, Minnesota Native American material culture in the responsibilities under NAGPRA, 25 (Six component reservations: Bois Forte first half of the twentieth century. In

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56270 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

July of 1961, years after her husband’s 68) and transferred them to Michigan Chippewa Indians, Michigan; death, Donna Boudeman donated the State University’s Anthropology Keweenaw Bay Indian Community, human remains and parts of Mr. Forensic Laboratory. No known Michigan; Lac Courte Oreilles Band of Boudeman’s collection to Michigan individuals were identified. No Lake Superior Chippewa Indians of State University Museum. No known associated funerary objects are present. Wisconsin; Lac du Flambeau Band of individual was identified. No associated On an unknown date, human remains Lake Superior Chippewa Indians of the funerary objects are present. representing, at minimum, five Lac du Flambeau Reservation of In 1976 and 1977, human remains individuals were removed from an Wisconsin; Lac Vieux Desert Band of representing, at minimum, one ‘‘Indian mound’’ near Rodney, Mecosta Lake Superior Chippewa Indians of individual were removed from Fort County, MI. In October of 1965, R. Michigan; Little River Band of Ottawa Brady (20CH51), Chippewa County, MI. Leverette, a local resident, donated the Indians, Michigan; Little Shell Tribe of The human remains (4513.105.04.03 F1, human remains (2877.1) to the Michigan Chippewa Indians of Montana; Little 4513.109.04.04.02 F2, State University Museum. No known Traverse Bay Bands of Odawa Indians, 4513.099.04.02.02 F4, 4513.105.04.02 individuals were identified. No Michigan; Minnesota Chippewa Tribe, F4 & 5, 4513.109.04.03 F4, associated funerary objects are present. Minnesota (Six component reservations: 4513.099.04.02.02 F4, 4513.109.04.04 Bois Forte Band (Nett Lake); Fond du F9) were excavated by Michigan State Determinations Made by Michigan State University Lac Band; Grand Portage Band; Leech University while doing field work for Lake Band; Mille Lacs Band; White the Sault Ste. Marie Archaeological Officials of Michigan State University Earth Band); Ottawa Tribe of Oklahoma; Project. No known individual was have determined that: • Red Cliff Band of Lake Superior identified. No associated funerary Pursuant to 25 U.S.C. 3001(9), the Chippewa Indians of Wisconsin; Red objects are present. human remains described in this notice Lake Band of Chippewa Indians, On an unknown date, human remains are Native American based on Minnesota; Saginaw Chippewa Indian representing, at minimum, one archeological context, biological Tribe of Michigan; Sault Ste. Marie individual were removed from the Muir evidence, geographic location, and Tribe of Chippewa Indians, Michigan; site in West Muir, Ionia County, MI. On museum records. Sokaogon Chippewa Community, • Pursuant to 25 U.S.C. 3001(9), the March 4, 1958, the Central Michigan Wisconsin; St. Croix Chippewa Indians human remains described in this notice Chapter of the Michigan Archeological of Wisconsin; and the Turtle Mountain represent the physical remains of 17 Society donated the human remains Band of Chippewa Indians of North individuals of Native American (3350.1) to the Michigan State Dakota. University Museum. No known ancestry. • individual was identified. The eight • Pursuant to 25 U.S.C. 3001(3)(A), Treaties, Acts of Congress, or associated funerary objects are two celts the 10 objects described in this notice Executive Orders indicate that the land (3350.2, 3350.3), one gorget (3350.4), are reasonably believed to have been from which the Native American human two drifts (bone/antler pressure flakers) placed with or near individual human remains and associated funerary objects (3350.9, 3350.10), and three projectile remains at the time of death or later as were removed is the aboriginal land of points (3350.5, 3350.6, 3350.8). (One part of the death rite or ceremony. the Bad River Band of the Lake Superior additional funerary object, a pipe • Pursuant to 25 U.S.C. 3001(2), a Tribe of Chippewa Indians of the Bad (3350.7), is missing from the collection.) relationship of shared group identity River Reservation, Wisconsin; Bay Mills On an unknown date, human remains cannot be reasonably traced between the Indian Community, Michigan; representing, at minimum, three Native American human remains and Chippewa Cree Indians of the Rocky individuals were removed from the associated funerary objects and any Boy’s Reservation, Montana (previously Ionia site, Ionia County, MI. No known present-day Indian Tribe. listed as Chippewa-Cree Indians of the individuals were identified. No • According to final judgments of the Rocky Boy’s Reservation, Montana); associated funerary objects are present. Indian Claims Commission or the Court Grand Traverse Band of Ottawa and In 1890, human remains representing, of Federal Claims, the land (Ionia Chippewa Indians, Michigan; at minimum, one individual were County) from which the Native Keweenaw Bay Indian Community, removed a few miles south of Portland American human remains and Michigan; Lac Courte Oreilles Band of on the Grand River, Ionia County, MI. associated funerary objects were Lake Superior Chippewa Indians of The human remains (1031) were removed is the aboriginal land of the Wisconsin; Lac du Flambeau Band of removed from a mound near Saginaw Chippewa Indian Tribe of Lake Superior Chippewa Indians of the Shimnecon, a former Native American Michigan. Lac du Flambeau Reservation of village, by local resident Henry Clay • According to final judgments of the Wisconsin; Lac Vieux Desert Band of Newman. On May 8, 1959, Mrs. David Indian Claims Commission or the Court Lake Superior Chippewa Indians of Baldwin and Henry Clay Newman of Federal Claims, the land (Antrim, Michigan; Little River Band of Ottawa donated the human remains to the Charlevoix, Chippewa, Leelanau, and Indians, Michigan; Little Shell Tribe of Michigan State University Museum. The Mecosta Counties) from which the Chippewa Indians of Montana; Little donors thought the human remains Native American human remains and Traverse Bay Bands of Odawa Indians, belonged to Chief Okemos. No known associated funerary objects were Michigan; Minnesota Chippewa Tribe, individual was identified. No associated removed is the aboriginal land of the Minnesota (Six component reservations: funerary objects are present. Bad River Band of the Lake Superior Bois Forte Band (Nett Lake); Fond du On an unknown date, human remains Tribe of Chippewa Indians of the Bad Lac Band; Grand Portage Band; Leech representing, at minimum, two River Reservation, Wisconsin; Bay Mills Lake Band; Mille Lacs Band; White individuals were removed from Leland, Indian Community, Michigan; Earth Band); Ottawa Tribe of Oklahoma; Leelanau County, MI. The Leelanau Chippewa Cree Indians of the Rocky Red Cliff Band of Lake Superior County Sheriff’s Department, which was Boy’s Reservation, Montana (previously Chippewa Indians of Wisconsin; Red alerted to the discovery of the human listed as Chippewa-Cree Indians of the Lake Band of Chippewa Indians, remains (Compl. #1923), assigned the Rocky Boy’s Reservation, Montana); Minnesota; Saginaw Chippewa Indian human remains a case number (2056– Grand Traverse Band of Ottawa and Tribe of Michigan; Sault Ste. Marie

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56271

Tribe of Chippewa Indians, Michigan; (517) 432–2524, email stoddart@ request to Michigan State University at Sokaogon Chippewa Community, msu.edu, by October 13, 2020. After that the address in this notice by October 13, Wisconsin; St. Croix Chippewa Indians date, if no additional requestors have 2020. of Wisconsin; and the Turtle Mountain come forward, transfer of control of the FOR FURTHER INFORMATION CONTACT: Band of Chippewa Indians of North human remains and associated funerary Judith Stoddart, Associate Provost for Dakota. objects to The Tribes may proceed. If University Collections and Arts • According to other authoritative joined to a request from one or more of Initiatives, Michigan State University, government sources, the land from The Tribes, the Burt Lake Band of 466 W Circle Drive, East Lansing, MI which the Native American human Ottawa and Chippewa Indians, a non- 48824–1044, telephone (517) 432–2524, remains and associated funerary objects federally recognized Indian group, may email [email protected]. were removed is the aboriginal land of receive transfer of control of the human SUPPLEMENTARY INFORMATION: Notice is the Miami Tribe of Oklahoma. remains. • Pursuant to 43 CFR 10.11(c)(1), the Michigan State University is here given in accordance with the disposition of the human remains and responsible for notifying The Tribes, Native American Graves Protection and associated funerary objects may be to The Consulted Tribes and Groups, and Repatriation Act (NAGPRA), 25 U.S.C. the Bad River Band of the Lake Superior The Invited Tribes that this notice has 3003, of the completion of an inventory Tribe of Chippewa Indians of the Bad been published. of human remains and associated funerary objects under the control of River Reservation, Wisconsin; Bay Mills Dated: August 14, 2020. Indian Community, Michigan; Michigan State University, East Lansing, Melanie O’Brien, Chippewa Cree Indians of the Rocky MI. The human remains and associated Boy’s Reservation, Montana (previously Manager, National Native American Graves funerary objects were removed from Protection and Repatriation Act (NAGPRA) Arenac, Clinton, Huron, Iosco, and listed as Chippewa-Cree Indians of the Program. Rocky Boy’s Reservation, Montana); Midland Counties, MI. [FR Doc. 2020–20067 Filed 9–10–20; 8:45 am] Grand Traverse Band of Ottawa and This notice is published as part of the Chippewa Indians, Michigan; BILLING CODE 4312–52–P National Park Service’s administrative Keweenaw Bay Indian Community, responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). Michigan; Lac Courte Oreilles Band of DEPARTMENT OF THE INTERIOR Lake Superior Chippewa Indians of The determinations in this notice are Wisconsin; Lac du Flambeau Band of National Park Service the sole responsibility of the museum, Lake Superior Chippewa Indians of the institution, or Federal agency that has Lac du Flambeau Reservation of [NPS–WASO–NAGPRA–NPS0030682; control of the Native American human PPWOCRADN0–PCU00RP14.R50000] Wisconsin; Lac Vieux Desert Band of remains and associated funerary objects. The National Park Service is not Lake Superior Chippewa Indians of Notice of Inventory Completion: responsible for the determinations in Michigan; Little River Band of Ottawa Michigan State University, East this notice. Indians, Michigan; Little Shell Tribe of Lansing, MI Chippewa Indians of Montana; Little Consultation Traverse Bay Bands of Odawa Indians, AGENCY: National Park Service, Interior. Michigan; Miami Tribe of Oklahoma; ACTION: Notice. A detailed assessment of the human Minnesota Chippewa Tribe, Minnesota remains was made by Michigan State (Six component reservations: Bois Forte SUMMARY: Michigan State University has University professional staff in Band (Nett Lake); Fond du Lac Band; completed an inventory of human consultation with representatives of the Grand Portage Band; Leech Lake Band; remains and associated funerary objects, Bay Mills Indian Community, Michigan; Mille Lacs Band; White Earth Band); in consultation with the appropriate Grand Traverse Band of Ottawa and Ottawa Tribe of Oklahoma; Red Cliff Indian Tribes or Native Hawaiian Chippewa Indians, Michigan; Band of Lake Superior Chippewa organizations and has determined that Hannahville Indian Community, Indians of Wisconsin; Red Lake Band of there is no cultural affiliation between Michigan; Keweenaw Bay Indian Chippewa Indians, Minnesota; Saginaw the human remains and associated Community, Michigan; Lac Vieux Desert Chippewa Indian Tribe of Michigan; funerary objects and any present-day Band of Lake Superior Chippewa Sault Ste. Marie Tribe of Chippewa Indian Tribes or Native Hawaiian Indians of Michigan; Little River Band Indians, Michigan; Sokaogon Chippewa organizations. Representatives of any of Ottawa Indians, Michigan; Little Community, Wisconsin; St. Croix Indian Tribes or Native Hawaiian Traverse Bay Bands of Odawa Indians, Chippewa Indians of Wisconsin; and the organization not identified in this notice Michigan; Match-e-be-nash-she-wish Turtle Mountain Band of Chippewa that wish to request transfer of control Band of Pottawatomi Indians of Indians of North Dakota (hereafter of these human remains and associated Michigan; Nottawaseppi Huron Band of referred to as ‘‘The Tribes’’). funerary objects should submit a written the Potawatomi, Michigan (previously request to Michigan State University. If listed as Huron Potawatomi, Inc.); Additional Requestors and Disposition no additional requestors come forward, Pokagon Band of Potawatomi Indians, Representatives of any Indian Tribes transfer of control of the human remains Michigan and Indiana; Saginaw or Native Hawaiian organization not and associated funerary objects to the Chippewa Indian Tribe of Michigan; identified in this notice that wish to Indian Tribes or Native Hawaiian Sault Ste. Marie Tribe of Chippewa request transfer of control of these organizations stated in this notice may Indians, Michigan; and two non- human remains and associated funerary proceed. federally recognized Indian groups, the objects should submit a written request DATES: Representatives of any Indian Burt Lake Band of Ottawa and with information in support of the Tribes or Native Hawaiian organization Chippewa Indians, and the Grand River request to Judith Stoddart, Associate not identified in this notice that wish to Band of Ottawa Indians (hereafter Provost for University Collections and request transfer of control of these referred to as ‘‘The Consulted Tribes Arts Initiatives, Michigan State human remains and associated funerary and Groups’’). University, 466 W Circle Drive, East objects should submit a written request An invitation to consult was extended Lansing, MI 48824–1044, telephone with information in support of the to the Absentee-Shawnee Tribe of

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56272 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

Indians of Oklahoma; Bad River Band of The 66 associated funerary objects are fragment, two brooches with diamond the Lake Superior Tribe of Chippewa one lot of beads (4321), one seed bead holes, one ear bob, one ear wheel, four Indians of the Bad River Reservation, (4321.1), one lot of a glass bottle gorgets, eight gunflints, one jewelry Wisconsin; Chippewa Cree Indians of fragments, one grommet (4321.1), one made of pewter, two knives, one knife the Rocky Boy’s Reservation, Montana lot of kettle scrap (4321.1), one rolled with handle, one piece of leather, one (previously listed as Chippewa-Cree piece of flat lead or pewter (4321.1), one piece of knotted leather, one lithic, one Indians of the Rocky Boy’s Reservation, lot of rusted iron fragments (4321.1), piece of woven matting, one nail, one Montana); Citizen Potawatomi Nation, one lot of flakes (4321.2), one lot of pail fragment, one pail rim fragment, Oklahoma; Delaware Nation, Oklahoma; sherds (4321.2), one lot of vessel nine photos, one silk scarf, two lead Delaware Tribe of Indians; Eastern fragments (4321.2), nine worked lithics shots, one spoon, three strike-a-lites, Shawnee Tribe of Oklahoma; Forest (4321.2), one charcoal sample (4321.3), one strike-a-lite fragment, six tacks, and County Potawatomi Community, one retouched flake (4321.3), eight six tubes. (One funerary object, a pipe, Wisconsin; Kickapoo Traditional Tribe flakes (4321.3), one lot of snail shell is missing from the collection.) of Texas; Kickapoo Tribe of Indians of fragments (4321.3), five lithics (4321.5), On an unknown date, human remains the Kickapoo Reservation in Kansas; one core (4321.4a), 12 flakes (4321.4a), representing, at minimum, two Kickapoo Tribe of Oklahoma; Lac two retouched flakes (4321.4a), two individuals were removed from the Courte Oreilles Band of Lake Superior glass bottles (4321.4a), one lot of flakes Kleinfeld site, Huron County, MI, and Chippewa Indians of Wisconsin; Lac du (4321.4b), 10 utilized flakes and a were transferred to Michigan State Flambeau Band of Lake Superior projectile point fragment (4321.4b), one University’s Forensic Anthropology Chippewa Indians of the Lac du lot of snail shell fragments (4321.4b), Laboratory. No known individuals were Flambeau Reservation of Wisconsin; and two lots of soil samples (4321.4b). identified. The one associated funerary Little Shell Tribe of Chippewa Indians In 1969, human remains representing, object is a lot of lithics. of Montana; Menominee Indian Tribe of at minimum, 17 individuals were On an unknown date, human remains Wisconsin; Miami Tribe of Oklahoma; removed from the Cutler site (20CL108), representing, at minimum, one Minnesota Chippewa Tribe, Minnesota Clinton County, MI. Michigan State individual were removed from the (Six component reservations: Bois Forte University graduate student Marla Pinnebog site, which is believed to be in Band (Nett Lake); Fond du Lac Band; Buckmaster removed the human Huron County, MI. No known Grand Portage Band; Leech Lake Band; remains (3477) from a gravel pit located individual was identified. No associated Mille Lacs Band; White Earth Band); on property owned by Neal Cutler. No funerary objects are present. Ottawa Tribe of Oklahoma; Peoria Tribe known individuals were identified. The In 1980, human remains representing, of Indians of Oklahoma; Prairie Band 32 associated funerary objects are 11 at minimum, 11 individuals were Potawatomi Nation (previously listed as lots of carbon samples (3477), one flake, removed from the Brandt site (20IS46), Prairie Band of Potawatomi Nation, 15 lots of ceramic sherds, and five Oscoda Township, Iosco County, MI. Kansas); Red Cliff Band of Lake ceramic sherds. The human remains (5279) were Superior Chippewa Indians of During the spring of 1966, human discovered by the property owner, Wisconsin; Red Lake Band of Chippewa remains representing, at minimum, six William Brandt, during trenching Indians, Minnesota; Sac & Fox Nation of individuals were removed from the construction. The site, which was Missouri in Kansas and Nebraska; Sac & Matthews site (20CL61), Clinton turned out to be a Late Archaic burial Fox Nation, Oklahoma; Sac & Fox Tribe County, MI. Clyde Anderson, a resident ground cemetery, was then excavated by of the Mississippi in Iowa; Seneca of St. Johns, removed the human Ms. Barbara Mead, Assistant Nation of Indians (previously listed as remains, as well as associated funerary Archaeologist of the Michigan Bureau of Seneca Nation of New York); Seneca- objects, while exploring the area in History, and Michigan State University Cayuga Nation (previously listed as search of an early nineteenth-century graduate student Robert Kingsley. Seneca-Cayuga Tribe of Oklahoma); Native American village. He reburied Following excavation, the human Shawnee Tribe; Sokaogon Chippewa the human remains in the summer of remains were transferred to Michigan Community, Wisconsin; St. Croix 1966. Later in 1966, the Upper Grand State University, where they underwent Chippewa Indians of Wisconsin; Valley Chapter of the Michigan examination by Anthropology Professor Stockbridge Munsee Community, Archaeological Society (UGVC) re- Dr. Norman Sauer and graduate student Wisconsin; Tonawanda Band of Seneca excavated the human remains. In 1970, David A. Barondess. On September 11, (previously listed as Tonawanda Band UGVC donated the human remains and 2019, the State of Michigan transferred of Seneca Indians of New York); Turtle associated funerary objects to Michigan control of two associated funerary Mountain Band of Chippewa Indians of State University. No known individuals objects to Michigan State University. No North Dakota; and the Wyandotte were identified. The 93 associated known individuals were identified. The Nation, hereafter referred to as ‘‘The funerary objects are one lot of bark, one two associated funerary objects are two Invited Tribes.’’ lot of beads with metal, one lot of beads side-notched projectile points (20IS46– and string, four lots of seed beads, one 1 and 20IS46–2). History and Description of the Remains lot of spun beads, one lot of blanket On June 30, 2017, human remains On August 14, 1971, human remains twill with silver brooch impressions, representing, at minimum, two representing, at minimum, one two lots of fabric, one lot of fabric individuals were removed from an individual were removed from the (weave and fiber), one lot of fabric and unnamed site (20MD310), Midland AuGres site (20AC19), AuGres seed beads, one lot of felt-like fabric, County, MI. The human remains (FA Township, Arenac County, MI. The three individual fabrics, four lots of 040–17–I–01, FA 040–17–I–02) were human remains (4321.1, 4321.2, 4321.3, fiber, one fiber, one lot of iron disturbed during the construction of a 4321.4b, 4321.5) and associated fragments, one lot of iron pieces, two house foundation. Property owner funerary objects were encountered by a lots of iron nails, one lot of organic Stephen Jenkins contacted the Michigan construction crew. On October 23, 1974, matter, one lot of silver, one lot of wood State Police, which assigned the human the human remains were transferred to fragments, three armbands, one bauble, remains a case number (FA 040–17). On the Michigan State University Museum. two blankets, one box of fragmentary July 17, 2017, the human remains and No known individual was identified. wood containing feathers, one brooch an associated funerary object were

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56273

transferred to Michigan State (Six component reservations: Bois Forte Additional Requestors and Disposition University’s Forensic Anthropology Band (Nett Lake); Fond du Lac Band; Representatives of any Indian Tribes Laboratory, where the remains were Grand Portage Band; Leech Lake Band; or Native Hawaiian organization not analyzed by Anthropology Professor Dr. Mille Lacs Band; White Earth Band); identified in this notice that wish to Joseph Hefner. No known individuals Red Cliff Band of Lake Superior request transfer of control of these were identified. The one associated Chippewa Indians of Wisconsin; Red human remains and associated funerary funerary object is a hatchet head (FA– Lake Band of Chippewa Indians, objects should submit a written request 040–17). Minnesota; Saginaw Chippewa Indian with information in support of the Tribe of Michigan; Sault Ste. Marie Determinations Made by Michigan request to Judith Stoddart, Associate Tribe of Chippewa Indians, Michigan; State University Provost for University Collections and Sokaogon Chippewa Community, Arts Initiatives, Michigan State Officials of Michigan State University Wisconsin; St. Croix Chippewa Indians University, 466 W Circle Drive, East have determined that: of Wisconsin; and the Turtle Mountain • Lansing, MI 48824–1044, telephone Pursuant to 25 U.S.C. 3001(9), the Band of Chippewa Indians of North human remains described in this notice (517) 432–2524, email stoddart@ Dakota. msu.edu, by October 13, 2020. After that are Native American based on • According to other authoritative archeological context, biological date, if no additional requestors have government sources, the land from come forward, transfer of control of the evidence, and geographic location. which the Native American human • human remains and associated funerary Pursuant to 25 U.S.C. 3001(9), the remains and associated funerary objects human remains described in this notice objects to The Tribes may proceed. were removed is the aboriginal land of Michigan State University is represent the physical remains of 40 the Miami Tribe of Oklahoma; Sac & responsible for notifying The Tribes, individuals of Native American Fox Nation of Missouri in Kansas and The Consulted Tribes and Groups, and ancestry. Nebraska; Sac & Fox Nation, Oklahoma; • Pursuant to 25 U.S.C. 3001(3)(A), The Invited Tribes that this notice has and the Sac & Fox Tribe of the been published. the 195 objects described in this notice Mississippi in Iowa. are reasonably believed to have been • Pursuant to 43 CFR 10.11(c)(1), the Dated: August 14, 2020. placed with or near individual human disposition of the human remains and Melanie O’Brien, remains at the time of death or later as associated funerary objects may be to Manager, National Native American Graves part of the death rite or ceremony. the Bad River Band of the Lake Superior Protection and Repatriation Act (NAGPRA) • Pursuant to 25 U.S.C. 3001(2), a Tribe of Chippewa Indians of the Bad Program. relationship of shared group identity River Reservation, Wisconsin; Bay Mills [FR Doc. 2020–20069 Filed 9–10–20; 8:45 am] cannot be reasonably traced between the Indian Community, Michigan; BILLING CODE 4312–52–P Native American human remains and Chippewa Cree Indians of the Rocky associated funerary objects and any Boy’s Reservation, Montana (previously present-day Indian Tribe. listed as Chippewa-Cree Indians of the DEPARTMENT OF THE INTERIOR • According to final judgments of the Rocky Boy’s Reservation, Montana); National Park Service Indian Claims Commission or the Court Grand Traverse Band of Ottawa and of Federal Claims, the land from which Chippewa Indians, Michigan; [NPS–WASO–NAGPRA–NPS0030680; the Native American human remains Keweenaw Bay Indian Community, PPWOCRADN0–PCU00RP14.R50000] and associated funerary objects were Michigan; Lac Courte Oreilles Band of removed is the aboriginal land of the Lake Superior Chippewa Indians of Notice of Inventory Completion: Saginaw Chippewa Indian Tribe of Wisconsin; Lac du Flambeau Band of Michigan State University, East Michigan. Lake Superior Chippewa Indians of the Lansing, MI • Treaties, Acts of Congress, or Lac du Flambeau Reservation of AGENCY: National Park Service, Interior. Executive Orders indicate that the land Wisconsin; Lac Vieux Desert Band of ACTION: Notice. from which the Native American human Lake Superior Chippewa Indians of remains and associated funerary objects Michigan; Little Shell Tribe of SUMMARY: Michigan State University has were removed is the aboriginal land of Chippewa Indians of Montana; Miami completed an inventory of human the Bad River Band of the Lake Superior Tribe of Oklahoma; Minnesota remains and associated funerary objects, Tribe of Chippewa Indians of the Bad Chippewa Tribe, Minnesota (Six in consultation with the appropriate River Reservation, Wisconsin; Bay Mills component reservations: Bois Forte Indian Tribes or Native Hawaiian Indian Community, Michigan; Band (Nett Lake); Fond du Lac Band; organizations and has determined that Chippewa Cree Indians of the Rocky Grand Portage Band; Leech Lake Band; there is a cultural affiliation between the Boy’s Reservation, Montana (previously Mille Lacs Band; White Earth Band); human remains and associated funerary listed as Chippewa-Cree Indians of the Red Cliff Band of Lake Superior objects and present-day Indian Tribes or Rocky Boy’s Reservation, Montana); Chippewa Indians of Wisconsin; Red Native Hawaiian organizations. Lineal Grand Traverse Band of Ottawa and Lake Band of Chippewa Indians, descendants or representatives of any Chippewa Indians, Michigan; Minnesota; Sac & Fox Nation of Indian Tribe or Native Hawaiian Keweenaw Bay Indian Community, Missouri in Kansas and Nebraska; Sac & organization not identified in this notice Michigan; Lac Courte Oreilles Band of Fox Nation, Oklahoma; Sac & Fox Tribe that wish to request transfer of control Lake Superior Chippewa Indians of of the Mississippi in Iowa; Saginaw of these human remains and associated Wisconsin; Lac du Flambeau Band of Chippewa Indian Tribe of Michigan; funerary objects should submit a written Lake Superior Chippewa Indians of the Sault Ste. Marie Tribe of Chippewa request to Michigan State University. If Lac du Flambeau Reservation of Indians, Michigan; Sokaogon Chippewa no additional requestors come forward, Wisconsin; Lac Vieux Desert Band of Community, Wisconsin; St. Croix transfer of control of the human remains Lake Superior Chippewa Indians of Chippewa Indians of Wisconsin; and the and associated funerary objects to the Michigan; Little Shell Tribe of Turtle Mountain Band of Chippewa lineal descendants, Indian Tribes, or Chippewa Indians of Montana; Indians of North Dakota (hereafter Native Hawaiian organizations stated in Minnesota Chippewa Tribe, Minnesota referred to as ‘‘The Tribes’’). this notice may proceed.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56274 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

DATES: Lineal descendants or these human remains and an associated and Invited Tribes that this notice has representatives of any Indian Tribe or funerary object as part of the Boudeman been published. Collection. The donor was Mrs. Donna Native Hawaiian organization not Dated: August 14, 2020. identified in this notice that wish to Boudeman. Her husband, Donald request transfer of control of these Boudeman, had collected in Alaska, Melanie O’Brien, human remains and associated funerary Siberia, and continental North America Manager, National Native American Graves objects should submit a written request in the 1920s and 1930s. On May 28, Protection and Repatriation Act (NAGPRA) with information in support of the 2019, the human remains were found in Program. request to Michigan State University at Michigan State University’s Forensic [FR Doc. 2020–20068 Filed 9–10–20; 8:45 am] the address in this notice by October 13, Anthropology Laboratory, and in July of BILLING CODE 4312–52–P 2020. 2019, the association of a ceramic vessel FOR FURTHER INFORMATION CONTACT: with the human remains was confirmed. Judith Stoddart, 466 W Circle Drive, No known individual was identified. East Lansing, MI 48824–1044, telephone The one associated funerary object DEPARTMENT OF JUSTICE (517) 432–2524, email stoddart@ (2005.59.1) is a Gila crematory urn. msu.edu. Notice of Proposed Administrative Determinations Made by Michigan Settlement Agreement and Order on SUPPLEMENTARY INFORMATION: Notice is State University Consent for Removal Action Pursuant here given in accordance with the Officials of Michigan State University to the Comprehensive Environmental Native American Graves Protection and have determined that: Response, Compensation, and Liability • Repatriation Act (NAGPRA), 25 U.S.C. Pursuant to 25 U.S.C. 3001(9), the Act 3003, of the completion of an inventory human remains described in this notice of human remains and associated represent the physical remains of one On September 1, 2020, the U.S. funerary objects under the control of individual of Native American ancestry. Department of Justice approved an Michigan State University, East Lansing, • Pursuant to 25 U.S.C. 3001(3)(A), Administrative Settlement Agreement MI. The human remains and associated the one object described in this notice and Order on Consent for Removal funerary objects were removed from is reasonably believed to have been Action (ASAOC) at the Atlas Mill Site Arizona. placed with or near individual human This notice is published as part of the remains at the time of death or later as in Ouray County, Colorado, between the National Park Service’s administrative part of the death rite or ceremony. U.S. Department of Agriculture Forest responsibilities under NAGPRA, 25 • Pursuant to 25 U.S.C. 3001(2), there Service Region 2 and Good Samaritan U.S.C. 3003(d)(3). The determinations in is a relationship of shared group Trout Unlimited. this notice are the sole responsibility of identity that can be reasonably traced The ASAOC is authorized pursuant to the museum, institution, or Federal between the Native American human the Comprehensive Environmental agency that has control of the Native remains and associated funerary object Response, Compensation, and Liability American human remains and and the Ak-Chin Indian Community Act (CERCLA). Under the terms of the associated funerary objects. The (previously listed as Ak Chin Indian ASAOC, Good Samaritan Trout National Park Service is not responsible Community of the Maricopa (Ak Chin) Unlimited will conduct a non-time for the determinations in this notice. Indian Reservation, Arizona); Gila River critical removal action on 8.8 acres that Indian Community of the Gila River Consultation is contaminated by approximately Indian Reservation, Arizona; Hopi Tribe 26,000 cubic yards of mill tailings and A detailed assessment of the human of Arizona; Salt River Pima-Maricopa waste rock on the banks of Sneffels remains was made by Michigan State Indian Community of the Salt River Creek in Ouray County, Colorado. University professional staff in Reservation, Arizona; Tohono O’odham Specifically, the Atlas Mine and Mill consultation with representatives of the Nation of Arizona; and the Zuni Tribe Hopi Tribe of Arizona and the Salt River of the Zuni Reservation, New Mexico. Site (Site) is located on the Grand Mesa, Pima-Maricopa Indian Community of Uncompahgre and Gunnison National the Salt River Reservation, Arizona. The Additional Requestors and Disposition Forest about 81⁄2 miles southwest of Ak-Chin Indian Community (previously Lineal descendants or representatives Ouray, Colorado, in the Mount Sneffels listed as Ak Chin Indian Community of of any Indian Tribe or Native Hawaiian Mining District. In return for conducting the Maricopa (Ak Chin) Indian organization not identified in this notice the removal, the United States will Reservation, Arizona); Gila River Indian that wish to request transfer of control provide a covenant not to sue or take Community of the Gila River Indian of these human remains and associated administrative action under CERCLA at Reservation, Arizona; Tohono O’odham funerary objects should submit a written the Site where cleanup work is Nation of Arizona; and the Zuni Tribe request with information in support of occurring. of the Zuni Reservation, New Mexico the request Judith Stoddart, Associate The publication of this notice opens Provost for University Collections and were invited but did not participate. a period for public comment on the Hereafter, the above Indian Tribes are Arts Initiatives, Michigan State ASAOC. Comments should be referred to as ‘‘The Consulted and University, 466 W Circle Drive, East addressed to the Assistant Attorney Invited Tribes.’’ Lansing, MI 48824–1044, telephone (517) 432–2524, email stoddart@ General, Environment and Natural History and Description of the Remains msu.edu, by October 13, 2020. After that Resources Division, and should refer to On an unknown date, probably date, if no additional requestors have In the Matter of Atlas Mill Site, Ouray sometime in the 1920s or 1930s, human come forward, transfer of control of the County, Colorado, D.J. Ref. No. 90–11– remains representing, at minimum, one human remains and associated funerary 3–09760/1. All comments must be individual were removed from an object to The Consulted and Invited submitted no later than thirty (30) days unknown location in Arizona. On Tribes may proceed. after the publication date of this notice. October 10, 1961, the Michigan State Michigan State University is Comments may be submitted either by University Museum took custody of responsible for notifying The Consulted email or by mail:

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56275

To submit Purpose of Meeting: To study data, Wonzie Gardner, Chief Human Capital comments: Send them to: programs, policies, and other Officer and Office Head, Office of information pertinent to the National Information and Resource By email ...... pubcomment-ees.enrd@ Science Foundation and to provide Management usdoj.gov. advice and recommendations Karen Marrongelle, Assistant Director, By mail ...... Assistant Attorney General, concerning broadening participation in Directorate for Education and Human U.S. DOJ—ENRD, P.O. science and engineering. Resources Suzanne C. Iacono, Office Head, Office Box 7611, Washington, DC Agenda 20044–7611. of Integrative Activities Day 1: October 29, 2020 Janis Coughlin-Piester, Deputy Office During the public comment period, • Welcome, Introductions, Opening Head, Office of Budget, Finance and the ASAOC may be examined and Remarks Award Management downloaded at this Justice Department • Report of the CEOSE Executive Joanne Tornow, Assistant Director, website: https://www.justice.gov/enrd/ Liaison Directorate for Biological Sciences consent-decrees. We will provide a • Joint Session with the BIO Advisory Erwin Gianchandani, Deputy Assistant paper copy of the ASAOC upon written Committee Director, Directorate for Computer request and payment of reproduction • NSF INCLUDES Update and Information Science and costs. Please mail your request and • Discussion: 2019–2020 CEOSE Report Engineering Michael Wetklow, Deputy Chief payment to: Consent Decree Library, and Plans for the Next Day Financial Officer and Division U.S. DOJ—ENRD, P.O. Box 7611, Day 2: October 30, 2020 Director, Budget Division Washington, DC 20044–7611. • William Malyszka, Division Director, Please enclose a check or money order Welcome and Recap of Day 1 • Division of Human Resource for $24.00 (25 cents per page Discussion: Women, Minorities, and Management and PRB Executive reproduction cost) payable to the United Persons with Disabilities Digest • Panel: NSB Vision 2030 Secretary States Treasury. • Reports of the CEOSE Liaisons This announcement of the • Discussion with NSF Director and Jeffrey Sands, membership of the National Science Chief Operating Officer Assistant Section Chief, Environmental • Foundation’s Senior Executive Service Enforcement Section, Environment and NIH Presentation: Community Engagement-American Indian and Performance Review Board is made in Natural Resources Division. compliance with 5 U.S.C. 4314(c)(4). [FR Doc. 2020–20084 Filed 9–10–20; 8:45 am] Alaska Native (AI/AN) Communities • Announcements, Closing Remarks, Dated: September 4, 2020. BILLING CODE 4410–15–P and Adjournment Suzanne H. Plimpton, Dated: September 8, 2020. Reports Clearance Officer, National Science Foundation. NATIONAL SCIENCE FOUNDATION Crystal Robinson, Committee Management Officer. [FR Doc. 2020–20053 Filed 9–10–20; 8:45 am] Committee on Equal Opportunities in [FR Doc. 2020–20090 Filed 9–10–20; 8:45 am] BILLING CODE 7555–01–P Science and Engineering; Notice of BILLING CODE 7555–01–P Meeting NUCLEAR REGULATORY In accordance with the Federal NATIONAL SCIENCE FOUNDATION COMMISSION Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Membership of National Science [NRC–2020–0194] Foundation (NSF) announces the Foundation’s Senior Executive Service Development of NRC’s Strategic Plan following meeting: Performance Review Board Name and Committee Code: for Fiscal Years 2022 Through 2026 AGENCY: National Science Foundation. Committee on Equal Opportunities in AGENCY: Nuclear Regulatory Science and Engineering (CEOSE) 1173. ACTION: Notice. Commission. Date and Time: October 29, 2020; 1:00 SUMMARY: The National Science ACTION: Request for comment; public p.m.–5:30 p.m.; October 30, 2020; 10:00 Foundation is announcing the members meeting. a.m.–3:30 p.m. of the Senior Executive Service SUMMARY: The U.S. Nuclear Regulatory Place: National Science Foundation, Performance Review Board. 2415 Eisenhower Avenue, Alexandria, Commission (NRC) is requesting ADDRESSES: Comments should be VA 22314 (Virtual). comments on its update of the NRC’s addressed to Branch Chief, Executive Type of Meeting: Open. Fiscal Years (FYs) 2022–2026 Strategic Services, Division of Human Resource Contact Person: Dr. Bernice Plan. Specifically, the NRC would like Management, National Science Anderson, Senior Advisor and CEOSE input on the agency’s strategic goals, Foundation, Room W15219, 2415 Executive Secretary, Office of actions to realize those goals, and how Eisenhower Avenue, Alexandria, VA Integrative Activities (OIA); National to address key challenges and external 22314. Science Foundation, 2415 Eisenhower factors as described in the current Avenue, Alexandria, VA 22314; Contact FOR FURTHER INFORMATION CONTACT: Ms. agency’s Strategic Plan, NUREG 1614, Information: 703–292–8040/banderso@ Jennifer Munz at the above address or Volume 7, ‘‘Strategic Plan Fiscal Years nsf.gov. (703) 292–2478. 2018–2022.’’ The information will be Minutes: Meeting minutes and other SUPPLEMENTARY INFORMATION: The used to inform the development of the information may be obtained from the membership of the National Science NRC’s FYs 2022–2026 Strategic Plan CEOSE Executive Secretary at the above Foundation’s Senior Executive Service framework and evidence building and address or the website at http:// Performance Review Board is as follows: evaluation activities. www.nsf.gov/od/oia/activities/ceose/ F. Fleming Crim, Chief Operating DATES: Submit comments by October 13, index.jsp. Officer, Chairperson 2020. Comments received after this date

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56276 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

will be considered if it is practical to do for each document referenced (if it is which describes the activities agencies so, but the Commission is able to ensure available in ADAMS) is provided the will undertake to answer important consideration only for comments first time that it is mentioned in this short-and-long term strategic and received before this date. Furthermore, document. operational questions important to achieving the agency’s mission. The the NRC staff will hold a public webinar B. Submitting Comments on September 22, 2020, to receive Evidence Act also requires agencies to comments on the upcoming update of Please include Docket ID NRC–2020– conduct and include in their strategic the NRC’s FYs 2022–2026 Strategic 0194 in your comment submission. plan’s a capacity assessment that will Plan. The NRC cautions you not to include help agencies to assess their ability and identifying or contact information that infrastructure to carry out evidence ADDRESSES: You may submit comments you do not want to be publicly building activities like foundational fact by any of the following methods: disclosed in your comment submission. finding, performance measurement, • Federal Rulemaking Website: Go to The NRC will post all comment policy analysis, and program evaluation, https://www.regulations.gov and search submissions at https:// and identifying the data needed to for Docket ID NRC–2020–0194. Address www.regulations.gov as well as enter the answer those questions. questions about NRC Docket IDs in comment submissions into ADAMS. During the last few years, the NRC has Regulations.gov to Jennifer Borges; The NRC does not routinely edit been transforming in order to realize its telephone: 301–287–9127; email: comment submissions to remove vision of becoming a modern, risk- [email protected]. For technical identifying or contact information. informed regulator and be in the best questions, contact the individual listed If you are requesting or aggregating position to continue meeting its FOR FURTHER INFORMATION in the comments from other persons for important safety and security mission CONTACT section of this document. submission to the NRC, then you should • well into the future. Transformation Mail comments to: Office of inform those persons not to include activities will help the NRC keep pace Administration, Mail Stop: TWFN–7– identifying or contact information that with the highly dynamic, A60M, U.S. Nuclear Regulatory they do not want to be publicly interconnected environment in which it Commission, Washington, DC 20555– disclosed in their comment submission. operates, and be prepared to regulate an 0001, ATTN: Program Management, Your request should state that the NRC industry that is innovative and pursuing Announcements and Editing Branch. does not routinely edit comment technologies. For additional direction on obtaining submissions to remove such information information and submitting comments, before making the comment III. Specific Request for Comment see ‘‘Obtaining Information and submissions available to the public or The NRC is interested in obtaining Submitting Comments’’ in the entering the comment into ADAMS. input from stakeholders, including SUPPLEMENTARY INFORMATION section of II. Discussion professional organizations and this document. interested individuals. The focus of this FOR FURTHER INFORMATION CONTACT: The NRC is an independent agency request is to gather information that will Carla Roque-Cruz, Office of the established by the Energy permit the NRC staff to develop the FYs Executive Director for Operations, Reorganization Act of 1974 that began 2022–2026 Strategic Plan framework. telephone: 301–415–1455, email: operations in 1975 as a successor to the The NRC does not intend to provide [email protected], U.S. Nuclear licensing and regulatory activities of the any responses to comments received Regulatory Commission, Washington, Atomic Energy Commission. The NRC’s during the public meeting. The public DC 20555–0001. mission is to license and regulate the meeting will be noticed on the NRC’s Nation’s civilian use of radioactive SUPPLEMENTARY INFORMATION: public meeting website at least 10 materials to provide reasonable calendar days before the meeting. I. Obtaining Information and assurance of adequate protection of Members of the public should monitor Submitting Comments public health and safety and to promote the NRC’s public meeting website at the common defense and security and to A. Obtaining Information http://www.nrc.gov/public-involve/ protect the environment. In accordance public-meetings/index.cfm. Please refer to Docket ID NRC–2020– with the Government Performance and The NRC will also post the meeting 0194, when contacting the NRC about Results (GPRA) Modernization Act of notice on the Federal Rulemaking the information for this action. You may 2010, the NRC is required to submit its website at http://www.regulations.gov obtain publicly-available information Strategic Plan to Congress the year under Docket ID NRC–2020–0194. related to this action by any of the following the start of a presidential following methods: term. IV. Requested Information and • Federal Rulemaking Website: Go to The Strategic Plan describes how the Comments https://www.regulations.gov and search agency intends to achieve its two The NRC is asking the public to for Docket ID NRC–2020–0194. strategic goals: (1) Ensure the safe use of comment on potential changes to the • NRC’s Agencywide Documents radioactive materials, and (2) ensure the NRC’s goals, objectives, strategies Access and Management System secure use of radioactive materials. The contributing activities as described in (ADAMS): You may obtain publicly- plan provides an overview of the NRC’s the current FYs 2018–2022 Strategic available documents online in the responsibilities and lays out the Plan, and the requirements of the ADAMS Public Documents collection at objectives, strategies, and key activities Evidence Act as discussed in Section II https://www.nrc.gov/reading-rm/ that will be used to achieve the agency’s of this document. The NRC welcomes adams.html. To begin the search, select strategic goals. Moreover, with comments from the public on any areas ‘‘Begin Web-based ADAMS Search.’’ For enactment of the Foundations for that they believe are relevant to these problems with ADAMS, please contact Evidence-Based Policymaking Act of topics, and is particularly interested in the NRC’s Public Document Room 2018 (‘‘Evidence Act’’) (5 U.S.C. 312), receiving input on the following reference staff at 1–800–397–4209, 301– agency strategic plans are to be questions: 415–4737, or by email to pdr.resource@ supported by the inclusion of a Learning 1. Do you have any specific nrc.gov. The ADAMS accession number Agenda (i.e., Evidence-Building Plan), recommendations or improvements to

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56277

consider in the development of the FYs questions relevant to the NRC’s NRC’s FYs 2022–2026 Strategic Plan. 2022–2026 Strategic Plan? programs, policies, operations, and Additionally, the NRC will discuss the 2. What goals, objectives, or strategies regulations. The learning agenda will Agency’s transformation activities for within the NRC’s current strategic plan describe the plan for building evidence public input and comment on these should be added, enhanced, or modified to address agency priority questions. activities and continue to seek the views in the FYs 2022–2026 Strategic Plan? What priority question(s) (short- or long- of stakeholders in identifying 3. What contributing activities should term) do you believe the NRC should be opportunities to improve the agency’s be considered to support the safety and asking within the learning agenda? processes, procedures, and products. security goals, strategies, and objectives? 6. What improvements can the NRC The webinar will be held online and 4. What external factors, opportunities make in regard to evidence building will offer a telephone line for members and challenges should be considered (e.g., data, analysis, evaluations) to during the development of the FYs inform strategy, policymaking, program of the public to submit comments. A 2022–2026 Strategic Plan? decisions, and regulations? court reporter will be recording all 5. As part of the Evidence Act, the comments received during the webinar. NRC will include a learning agenda in V. Public Meeting Information The date and time for the webinar is as the FYs 2022–2026 Strategic Plan. A The NRC staff will hold a public follows: learning agenda is a systematic plan for webinar on September 22, 2020, to identifying and addressing policy receive comments on the update of the

Date Time Location

9/22/2020 ...... 1:00 p.m. to 4:00 p.m. (EDT) ...... Webinar Information: Webinar address: https://usnrc.webex.com/usnrc/onstage/ g.php?MTID=edb8d9854a356d1c13bfc4f1339244bd1. Telephone Access: Bridgeline: 800–369–1713 Participant Passcode: 5805934.

Persons interested in attending this NUCLEAR REGULATORY Submitting Comments’’ in the meeting should monitor the NRC’s COMMISSION SUPPLEMENTARY INFORMATION section of this document. Public Meeting Schedule website at [NRC–2020–0064] https://www.nrc.gov/pmns/mtg for FOR FURTHER INFORMATION CONTACT: additional information, the meeting Information Collection: Collection of David Cullison, Office of the Chief agenda, information on how to provide Operator Simulator Training Data Information Officer, U.S. Nuclear verbal comments, and access Regulatory Commission, Washington, information for the meeting. AGENCY: Nuclear Regulatory DC 20555–0001; telephone: 301–415– Participants should register in advance Commission. 2084; email: Infocollects.Resource@ of the meeting by visiting https:// ACTION: Renewal of existing information nrc.gov. collection; request for comment. usnrc.webex.com and using the event SUPPLEMENTARY INFORMATION: number provided above. A confirmation SUMMARY: The U.S. Nuclear Regulatory email will be generated providing I. Obtaining Information and Commission (NRC) invites public Submitting Comments additional details and a link to the comment on the renewal of Office of meeting. Those wishing to make verbal Management and Budget (OMB) A. Obtaining Information comments at the meeting should follow approval for an existing collection of Please refer to Docket ID NRC–2020– instructions listed on the NRC’s Public information. The information collection 0064 when contacting the NRC about Meeting Schedule website. is entitled, ‘‘Collection of Operator the availability of information for this The NRC may post additional Simulator Training Data.’’ action. You may obtain publicly- materials related to this document, DATES: Submit comments by November available information related to this including public comments, on the 10, 2020. Comments received after this action by any of the following methods: • Federal Rulemaking website. The date will be considered if it is practical Federal Rulemaking Website: Go to Federal Rulemaking website allows you to do so, but the Commission is able to https://www.regulations.gov and search to receive alerts when changes or ensure consideration only for comments for Docket ID NRC–2020–0064. A copy additions occur in a docket folder. To received on or before this date. of the collection of information and subscribe: (1) Navigate to the docket ADDRESSES: You may submit comments related instructions may be obtained without charge by accessing Docket ID folder (NRC–2020–0194); (2) click the by any of the following methods: • NRC–2020–0064 on this website. ‘‘Sign up for Email Alerts’’ link; and (3) Federal Rulemaking Website: Go to https://www.regulations.gov and search • NRC’s Agencywide Documents enter your email address and select how for Docket ID NRC–2020–0064. For Access and Management System frequently you would like to receive technical questions, contact the (ADAMS): You may obtain publicly- emails (daily, weekly, or monthly). individual listed in the FOR FURTHER available documents online in the Dated: September 4, 2020. INFORMATION CONTACT section of this ADAMS Public Documents collection at For the Nuclear Regulatory Commission. document. https://www.nrc.gov/reading-rm/ • Margaret M. Doane, Mail comments to: David Cullison, adams.html. To begin the search, select Office of the Chief Information Officer, ‘‘Begin Web-based ADAMS Search.’’ For Executive Director for Operations. Mail Stop: T–6 A10M, U.S. Nuclear problems with ADAMS, please contact [FR Doc. 2020–20048 Filed 9–10–20; 8:45 am] Regulatory Commission, Washington, the NRC’s Public Document Room BILLING CODE 7590–01–P DC 20555–0001. reference staff at 1–800–397–4209, 301– For additional direction on obtaining 415–4737, or by email to pdr.resource@ information and submitting comments, nrc.gov. A copy of the collection of see ‘‘Obtaining Information and information and related instructions

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56278 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

may be obtained without charge by under part 50 of title 10 of the Code of techniques. An agreement will be accessing ADAMS Accession No. Federal Regulations (10 CFR), developed to specify the details. ML17128A343. The supporting ‘‘Domestic Licensing of Production and To participate in the information statements are available in ADAMS Utilization Facilities,’’ except those that collection, the licensee will notify the under Accession Nos. ML20178A317 have certified that they have NRC contact that it is interested in and ML20178A318. permanently ceased operations and evaluating the software. Then the NRC • NRC’s Clearance Officer: A copy of have permanently removed all fuel from will provide additional information the collection of information and related the reactor vessel. including an onsite briefing. If the instructions may be obtained without All holders of, or applicants for, a licensee thinks the SACADA software charge by contacting NRC’s Clearance power reactor combined license under could be beneficial, the NRC will Officer, David Cullison, Office of the 10 CFR part 52, ‘‘Licenses, provide a training session, the software Chief Information Officer, U.S. Nuclear Certifications, and Approvals for license, and technical support for the Regulatory Commission, Washington, Nuclear Power Plants.’’ licensee to pilot the use of the software DC 20555–0001; telephone: 301–415– 7. The estimated number of annual in its simulator training. After the pilot 2084; email: Infocollects.Resource@ responses: 32. study, the licensee will decide whether nrc.gov. 8. The estimated number of annual or not to partner with the NRC on the respondents: 5. B. Submitting Comments information collection. Either party can 9. The estimated number of hours terminate the agreement at any time. Please include Docket ID NRC–2020– needed annually to comply with the 0064 in the subject line of your information collection requirement or III. Specific Requests for Comments comment submission, in order to ensure request: 148 hours. The NRC is seeking comments that 10. Abstract: This information that the NRC is able to make your address the following questions: collection request is to the holders of, or comment submission available to the 1. Is the proposed collection of applicants for, a power reactor operating public in this docket. information necessary for the NRC to license under 10 CFR part 50, The NRC cautions you not to include properly perform its functions? Does the ‘‘Domestic Licensing of Production and identifying or contact information in information have practical utility? Utilization Facilities,’’ except those that comment submissions that you do not 2. Is the estimate of the burden of the have certified that they have want to be publicly disclosed in your information collection accurate? permanently ceased operations and comment submission. The NRC will 3. Is there a way to enhance the have permanently removed all fuel from post all comment submissions at https:// quality, utility, and clarity of the www.regulations.gov as well as enter the the reactor vessel, and the holders of, or applicants for, a power reactor information to be collected? comment submissions into ADAMS, 4. How can the burden of the and the NRC does not routinely edit combined license under 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals information collection on respondents comment submissions to remove be minimized, including the use of identifying or contact information. for Nuclear Power Plants.’’ This information collection is for the automated collection techniques or If you are requesting or aggregating other forms of information technology? comments from other persons for specified licensees to use the NRC- developed Scenario Authoring, Dated: September 4, 2020. submission to the NRC, then you should Characterization and Debriefing inform those persons not to include For the Nuclear Regulatory Commission Application (SACADA) software for (NRC). identifying or contact information that their operator simulator training. The they do not want to be publicly David C. Cullison, SACADA system was developed to disclosed in their comment submission. NRC Clearance Officer, Office of the Chief collect licensed operator simulator Your request should state that the NRC Information Officer. training data to inform human reliability does not routinely edit comment [FR Doc. 2020–20042 Filed 9–10–20; 8:45 am] analysis (HRA) and to facilitate operator submissions to remove such information BILLING CODE 7590–01–P simulator training. The SACADA before making the comment software can be used to author the submissions available to the public or simulation scenarios, facilitate the post entering the comment into ADAMS. NUCLEAR REGULATORY simulation debriefing on crew COMMISSION II. Background performance, guide performance [NRC–2020–0126] In accordance with the Paperwork analysis, and generate various types of Reduction Act of 1995 (44 U.S.C. reports. The information entered into Information Collection: Solicitation of Chapter 35), the NRC is requesting the SACADA database can be used to Non-Power Reactor Operator public comment on its intention to improve simulator training effectiveness Licensing Examination Data request the OMB’s approval for the and HRA. The South Texas Project information collection summarized Nuclear Operating Company (STPNOC) AGENCY: Nuclear Regulatory below. has used the software for its operator Commission. 1. The title of the information simulator training since 2012 and highly ACTION: Renewal of existing information collection: Collection of Operator regards the software. The NRC collection; request for comment. Simulator Training Data. welcomes more licensees to partner 2. OMB approval number: 3150–0234. with the NRC to use the software. The SUMMARY: The U.S. Nuclear Regulatory 3. Type of submission: Extension. licensees’ participation in the Commission (NRC) invites public 4. The form number, if applicable: N/ information collection is voluntary. In comment on the renewal of Office of A. the partnership, the NRC provides the Management and Budget (OMB) 5. How often the collection is required SACADA software license, training, and approval for an existing collection of or requested: Six times per year. technical support to the participating information. The information collection 6. Who will be required or asked to licensees, and the participating is entitled, ‘‘Solicitation of Non-Power respond: All holders of, or applicants licensees grant NRC access to analyze Reactor Operator Licensing Examination for, a power reactor operating license the data to improve the NRC’s HRA Data.’’

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56279

DATES: Submit comments by November • NRC’s Clearance Officer: A copy of have certified that fuel has been 10, 2020. Comments received after this the collection of information and related permanently removed from the reactor date will be considered if it is practical instructions may be obtained without vessel. to do so, but the Commission is able to charge by contacting NRC’s Clearance 7. The estimated number of annual ensure consideration only for comments Officer, David Cullison, Office of the responses: 31. received on or before this date. Chief Information Officer, U.S. Nuclear 8. The estimated number of annual ADDRESSES: You may submit comments Regulatory Commission, Washington, respondents: 31. by any of the following methods: DC 20555–0001; telephone: 301–415– 9. The estimated number of hours • Federal Rulemaking Website: Go to 2084; email: Infocollects.Resource@ needed annually to comply with the https://www.regulations.gov and search nrc.gov. information collection requirement or for Docket ID NRC–2020–0126. For request: 31 B. Submitting Comments technical questions, contact the 10. Abstract: The NRC annually individual listed in the FOR FURTHER Please include Docket ID NRC–2020– request all non-power reactor licensees INFORMATION CONTACT section of this 0126 in the subject line of your and applicants for an operating license document. comment submission, in order to ensure to voluntarily send to the NRC: (1) Their • Mail comments to: David Cullison, that the NRC is able to make your projected number of candidates for Office of the Chief Information Officer, comment submission available to the initial operator licensing examinations Mail Stop: T–6 A10M, U.S. Nuclear public in this docket. and (2) the estimated dates of the Regulatory Commission, Washington, The NRC cautions you not to include examinations. This information is used DC 20555–0001. identifying or contact information in to plan budgets and resources in regard For additional direction on obtaining comment submissions that you do not to operator examination scheduling in information and submitting comments, want to be publicly disclosed in your order to meet the needs of the non- see ‘‘Obtaining Information and comment submission. The NRC will power nuclear community. Submitting Comments’’ in the post all comment submissions at https:// III. Specific Requests for Comments SUPPLEMENTARY INFORMATION section of www.regulations.gov as well as enter the this document. comment submissions into ADAMS, The NRC is seeking comments that FOR FURTHER INFORMATION CONTACT: and the NRC does not routinely edit address the following questions: David Cullison, Office of the Chief comment submissions to remove 1. Is the proposed collection of Information Officer, U.S. Nuclear identifying or contact information. information necessary for the NRC to Regulatory Commission, Washington, If you are requesting or aggregating properly perform its functions? Does the DC 20555–0001; telephone: 301–415– comments from other persons for information have practical utility? 2084; email: Infocollects.Resource@ submission to the NRC, then you should 2. Is the estimate of the burden of the nrc.gov. inform those persons not to include information collection accurate? 3. Is there a way to enhance the identifying or contact information that SUPPLEMENTARY INFORMATION: quality, utility, and clarity of the they do not want to be publicly information to be collected? I. Obtaining Information and disclosed in their comment submission. Submitting Comments 4. How can the burden of the Your request should state that the NRC information collection on respondents A. Obtaining Information does not routinely edit comment be minimized, including the use of submissions to remove such information Please refer to Docket ID NRC–2020– automated collection techniques or before making the comment other forms of information technology? 0126 when contacting the NRC about submissions available to the public or the availability of information for this entering the comment into ADAMS. Dated: September 4, 2020. action. You may obtain publicly- For the Nuclear Regulatory Commission. II. Background available information related to this David C. Cullison, action by any of the following methods: In accordance with the Paperwork • NRC Clearance Officer, Office of the Chief Federal Rulemaking Website: Go to Reduction Act of 1995 (44 U.S.C. Information Officer. https://www.regulations.gov and search Chapter 35), the NRC is requesting [FR Doc. 2020–20044 Filed 9–10–20; 8:45 am] for Docket ID NRC–2020–0126. A copy public comment on its intention to BILLING CODE 7590–01–P of the collection of information and request the OMB’s approval for the related instructions may be obtained information collection summarized without charge by accessing Docket ID below. NUCLEAR REGULATORY NRC–2020–0126 on this website. 1. The title of the information • COMMISSION NRC’s Agencywide Documents collection: Solicitation of Non-Power Access and Management System Reactor Operator Licensing Examination [NRC–2020–0124] (ADAMS): You may obtain publicly- Data. available documents online in the Information Collection: Part 20 2. OMB approval number: 3150–0235. Respirator Protection Exemption ADAMS Public Documents collection at 3. Type of submission: Extension. https://www.nrc.gov/reading-rm/ 4. The form number, if applicable: N/ Request for Non-Power Reactors/RTR adams.html. To begin the search, select A. And Part 20 Respirator Protection ‘‘Begin Web-based ADAMS Search.’’ For 5. How often the collection is required Exemption Request for Power problems with ADAMS, please contact or requested: Annually. Reactors Online Forms the NRC’s Public Document Room 6. Who will be required or asked to AGENCY: Nuclear Regulatory reference staff at 1–800–397–4209, 301– respond: All holders of operating Commission. 415–4737, or by email to pdr.resource@ licenses for non-power reactors under ACTION: Notice of submission to the nrc.gov. The supporting statement and the provision of part 50 of title 10 of the Office of Management and Budget; Non-Power Operator Licensing Email Code of Federal Regulations, ‘‘Domestic request for comment. are available in ADAMS under Licensing of Production and Utilization Accession Nos. ML20178A337 and Facilities,’’ except those that have SUMMARY: The U.S. Nuclear Regulatory ML20178A335. permanently ceased operations and Commission (NRC) has recently

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56280 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

submitted a request for renewal of an supporting statement is available in 4. The form number if applicable: existing collection of information to the ADAMS under Accession No. There is no form number for the online Office of Management and Budget ML20170A357. submission forms. (OMB) for review. The information • NRC’s Clearance Officer: A copy of 5. How often the collection is required collection is entitled, ‘‘Part 20 the collection of information and related or requested: On Occasion. Respirator Protection Exemption instructions may be obtained without 6. Who will be required or asked to Request for Non-Power Reactors/RTR charge by contacting the NRC’s respond: All holders of, and certain And Part 20 Respirator Protection Clearance Officer, David Cullison, applicants for, nuclear power plant Exemption Request for Power Reactors Office of the Chief Information Officer, construction permits and operating Online Forms.’’ U.S. Nuclear Regulatory Commission, licenses under the provisions of part 50 DATES: Submit comments by October 13, Washington, DC 20555–0001; telephone: of title of the Code of Federal 2020. Comments received after this date 301–415–2084; email: Regulations (10 CFR), ‘‘Domestic will be considered if it is practical to do [email protected]. Licensing of Production and Utilization Facilities’’ who seek exemptions from so, but the Commission is able to ensure B. Submitting Comments consideration only for comments the medical evaluation frequency and The NRC cautions you not to include received on or before this date. fit-testing frequency requirements identifying or contact information in specified in 10 CFR 20.1703(c)(5)(iii) ADDRESSES: Written comments and comment submissions that you do not recommendations for the proposed and 10 CFR 20.1703(c)(6) as allowed by want to be publicly disclosed in your 10 CFR 20.2301 ‘‘Applications for information collection should be sent comment submission. All comment within 30 days of publication of this exemptions.’’ submissions are posted at https:// 7. The estimated number of annual notice to https://www.reginfo.gov/ www.regulations.gov and entered into responses: 60. public/do/PRAMain. Find this ADAMS. Comment submissions are not 8. The estimated number of annual particular information collection by routinely edited to remove identifying respondents: 60. selecting ‘‘Currently under Review— or contact information. 9. The estimated number of hours Open for Public Comments’’ or by using If you are requesting or aggregating needed annually to comply with the the search function. comments from other persons for information collection requirement or FOR FURTHER INFORMATION CONTACT: submission to the OMB, then you request: 120. David Cullison, NRC Clearance Officer, should inform those persons not to 10. Abstract: The NRC requested an U.S. Nuclear Regulatory Commission, include identifying or contact emergency review of this information Washington, DC 20555–0001; telephone: information that they do not want to be collection in order to add this form to 301–415–2084; email: publicly disclosed in their comment the previously approved information [email protected]. submission. Your request should state collection OMB Control Number 3150– SUPPLEMENTARY INFORMATION: that comment submissions are not 0014 for a period of 6 months. The routinely edited to remove such purpose of this information collection is I. Obtaining Information and information before making the comment Submitting Comments to request an extension of the approval submissions available to the public or of the Part 20 Respirator Protection A. Obtaining Information entering the comment into ADAMS. Exemption Request for Non-Power Please refer to Docket ID NRC–2020– II. Background Reactors/RTR and the Part 20 Respirator Protection Exemption Request for Power 0124 when contacting the NRC about Under the provisions of the the availability of information for this Reactors Online Forms. These forms Paperwork Reduction Act of 1995 (44 simplify the filing the exemption action. You may obtain publicly- U.S.C. Chapter 35), the NRC recently available information related to this requests because the existing system submitted a renewal of an existing may be burdensome for licensees under action by any of the following methods: collection of information to OMB for • current conditions. Under the existing Federal Rulemaking Website: Go to review entitled, ‘‘Part 20 Respirator https://www.regulations.gov and search collection under OMB Control No. Protection Exemption Request for Non- 3150–0014, licensees are already able to for Docket ID NRC–2020–0124. A copy Power Reactors/RTR And Part 20 of the collection of information and seek exemptions from the requirements Respirator Protection Exemption of 10 CFR part 20, ‘‘Standards for related instructions may be obtained Request for Power Reactors Online without charge by accessing Docket ID Protection Against Radiation.’’ This Forms.’’ The NRC hereby informs information collection only addresses NRC–2020–0124 on this website. potential respondents that an agency • NRC’s Agencywide Documents the incremental burden change to this may not conduct or sponsor, and that a existing clearance due to the form and Access and Management System person is not required to respond to, a (ADAMS): You may obtain publicly- not the total burden for the clearance. collection of information unless it 10 CFR part 20 contains specific available documents online in the displays a currently valid OMB control ADAMS Public Documents collection at requirements for respiratory protection. number. Due to the impacts of the COVID–19 https://www.nrc.gov/reading-rm/ The NRC published a Federal public health emergency (PHE), the NRC adams.html. To begin the search, select Register notice with a 60-day comment will also consider exemption requests ‘‘Begin Web-based ADAMS Search.’’ For period on this information collection on for the medical evaluation frequency problems with ADAMS, please contact May 27, 2020, 85 FR 31816. the NRC’s Public Document Room 1. The title of the information and fit-testing frequency requirements reference staff at 1–800–397–4209, 301– collection: Part 20 Respirator Protection specified in 10 CFR 20.1703(c)(5)(iii) 415–4737, or by email to pdr.resource@ Exemption Request for Non-Power and 10 CFR 20.1703(c)(6); these nrc.gov. A copy of the collection of Reactors/RTR And Part 20 Respirator exemptions would allow delay of these information and related instructions Protection Exemption Request for Power requirements during the COVID–19 PHE may be obtained without charge by Reactors Online Forms. as allowed by 10 CFR 20.2301 accessing ADAMS Accession Nos. 2. OMB approval number: 3150–0014. ‘‘Applications for exemptions.’’ ML20141L572 and ML20141L573. The 3. Type of submission: Extension. Dated: September 4, 2020.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56281

For the Nuclear Regulatory Commission. FOR FURTHER INFORMATION CONTACT: Tim Dated: September 1, 2020. David C. Cullison, Harris, Office of Nuclear Security For the Nuclear Regulatory Commission. NRC Clearance Officer, Office of the Chief Incident Response, telephone: 301–287– Meraj Rahimi, Information Officer. 3594, email: [email protected] and Chief, Regulatory Guidance and Generic [FR Doc. 2020–20043 Filed 9–10–20; 8:45 am] Mekonen Bayssie, Office of Nuclear Issues Branch, Division of Engineering, Office BILLING CODE 7590–01–P Regulatory Research, telephone: 301– of Nuclear Regulatory Research. 415–1669, email: Mekonen.Bayssie@ [FR Doc. 2020–19713 Filed 9–10–20; 8:45 am] nrc.gov. Both are staff of the U.S. NUCLEAR REGULATORY Nuclear Regulatory Commission, BILLING CODE 7590–01–P COMMISSION Washington, DC 20555–0001. [NRC–2020–0196] SUPPLEMENTARY INFORMATION: SECURITIES AND EXCHANGE Intent and Scope of the Physical I. Background COMMISSION Protection Upgrade Rule Requirements Regulatory Guide 5.61 was published for Fixed Sites in July 1980 to provide guidance to affected licensees in revising their [Release No. 34–89774; File No. SR– AGENCY: Nuclear Regulatory PEARL–2020–12] Commission. physical protection plans in response to the requirements in part 73 of title 10 of ACTION: Self-Regulatory Organizations; MIAX Regulatory guide; withdrawal. the Code of Federal Regulations (10 PEARL, LLC; Notice of Filing and SUMMARY: The U.S. Nuclear Regulatory CFR), ‘‘Physical Protection of Plants and Materials’’ (November 28, 1979; 44 FR Immediate Effectiveness of a Proposed Commission (NRC) is withdrawing Rule Change To Amend the MIAX Regulatory Guide (RG) 5.61, ‘‘Intent and 68184). The RG explains the link PEARL Fee Schedule Scope of the Physical Protection between the performance capabilities Upgrade Rule Requirements for Fixed provided in 10 CFR 73.45 and the fixed September 4, 2020. Sites.’’ This document is being site physical protection system withdrawn because the information in requirements in 10 CFR 73.46. Future Pursuant to Section 19(b)(1) of the RG 5.61 is no longer needed. The applicants and licensees may use other Securities Exchange Act of 1934 reasons for the withdrawal are described more relevant regulatory guidance (‘‘Act’’),1 and Rule 19b–4 thereunder,2 in more detail under the ‘‘Background’’ documents to meet those regulatory notice is hereby given that on August Section of this document. requirements. 25, 2020, MIAX PEARL, LLC (‘‘MIAX DATES: The withdrawal of RG 5.61 takes The NRC is withdrawing RG 5.61, PEARL’’ or ‘‘Exchange’’) filed with the effect on September 11, 2020. ‘‘Intent and Scope of the Physical Securities and Exchange Commission ADDRESSES: Please refer to Docket ID Protection Upgrade Rule Requirements (‘‘Commission’’) a proposed rule change NRC–2020–0196 when contacting the for Fixed Sites,’’ because the guide is no as described in Items I, II, and III below, NRC about the availability of longer needed for several reasons. First, which Items have been prepared by the information regarding this document. the regulatory requirements in 10 CFR Exchange. The Commission is You may obtain publicly-available 73.45 and 73.46 have not changed since publishing this notice to solicit information related to this document 1979 and are well understood by comments on the proposed rule change using any of the following methods: existing licensees. Second, no new from interested persons. • Federal Rulemaking Website: Go to licensees that would possess and use https://www.regulations.gov and search formula quantities of strategic special I. Self-Regulatory Organization’s for Docket ID NRC–2020–0196. Address nuclear material are expected in the Statement of the Terms of Substance of questions about NRC docket IDs in foreseeable future. Third, the RG is the Proposed Rule Change regulations.gov to Jennifer Borges; predominately explanatory of the The Exchange is filing a proposal to telephone: 301–287–9127; email: rulemaking rather than guidance on [email protected]. For technical how to comply with the applicable amend the MIAX PEARL Fee Schedule questions, contact the individuals listed requirements. Lastly, other guidance on (the ‘‘Fee Schedule’’) to increase the in the FOR FURTHER INFORMATION developing security plans to meet the number of additional Limited Service CONTACT section of this document. physical protection requirements in 10 MIAX Express Order Interface (‘‘MEO’’) • NRC’s Agencywide Documents CFR 73.46 are available. The basis for Ports available to Market Makers.3 The Access and Management System withdrawal of RG 5.61 is available in Exchange does not propose to amend (ADAMS): You may obtain publicly- ADAMS under Accession No. the fees for additional Limited Service available documents online in the ML20225A307. MEO Ports. ADAMS Public Documents collection at II. General Consideration The text of the proposed rule change https://www.nrc.gov/reading-rm/ is available on the Exchange’s website at adams.html. To begin the search, select The withdrawal of RG 5.61 does not http://www.miaxoptions.com/rule- ‘‘Begin Web-based ADAMS Search.’’ For alter any prior or existing NRC licensing filings/pearl at MIAX PEARL’s principal problems with ADAMS, please contact approvals, or the acceptability of office, and at the Commission’s Public the NRC’s Public Document Room licensee commitments made regarding Reference Room. reference staff at 1–800–397–4209, 301– the withdrawn guidance. Although RG 415–4737, or by email to pdr.resource@ 5.61 is withdrawn, current licensees nrc.gov. The ADAMS accession number referencing this RG may continue to do 1 15 U.S.C. 78s(b)(1). 2 for each document referenced (if it so, and withdrawal does not affect any 17 CFR 240.19b–4. 3 available in ADAMS) is provided the existing licenses or agreements. The term ‘‘Market Maker’’ or ‘‘MM’’ means a Member registered with the Exchange for the first time that a document is referenced. However, by withdrawing RG 5.61, the purpose of making markets in options contracts The basis for withdrawal of RG 5.61 is NRC no longer approves use of the traded on the Exchange and that is vested with the available in ADAMS under Accession guidance in future requests or rights and responsibilities specified in Chapter VI No. ML20225A307. applications for NRC licensing actions. of the Exchange’s Rules. See Exchange Rule 100.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56282 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

II. Self-Regulatory Organization’s Service MEO Port-Bulk,8 a Full Service related to MEO Ports shall remain Statement of the Purpose of, and MEO Port-Single,9 and a Limited unchanged and Market Makers that Statutory Basis for, the Proposed Rule Service MEO Port.10 Currently, a voluntarily purchase the additional Change Member may be allocated two (2) Full- ninth or tenth Limited Service MEO In its filing with the Commission, the Service MEO Ports of either type, Bulk Ports will be subject to the existing $400 Exchange included statements and/or Single, per Matching Engine, and monthly fee per port that is charged to concerning the purpose of and basis for up to eight (8) Limited Service MEO Market Makers that request a seventh or the proposed rule change and discussed Ports, per Matching Engine. The two (2) eighth Limited Service MEO Port. any comments it received on the Full-Service MEO Ports that may be The Exchange is increasing the proposed rule change. The text of these allocated per Matching Engine to a number of additional Limited Service statements may be examined at the Member currently may consist of: (a) MEO Ports because the Exchange is places specified in Item IV below. The Two (2) Full Service MEO Ports—Bulk; expanding its network. This network Exchange has prepared summaries, set or (b) two (2) Full Service MEO Ports— expansion is necessary due to increased forth in sections A, B, and C below, of Single. The Exchange also has a third customer demand and increased the most significant aspects of such option, option (c), which permits a volatility in the marketplace, both of statements. Member to have one (1) Full Service which have translated into increased MEO Port—Bulk, and one (1) Full message traffic rates across the network. A. Self-Regulatory Organization’s Service MEO Port—Single. Consequently, this network expansion, Statement of the Purpose of, and The Exchange currently provides which increases the number of switches Statutory Basis for, the Proposed Rule Market Makers the first two (2) supporting customer facing systems, is Change requested Limited Service MEO Ports necessary in order to provide sufficient 1. Purpose free of charge and charges $200 per access to new and existing Members, to month for Limited Service MEO Ports maintain a sufficient amount of network The Exchange proposes to amend the three (3) and four (4), $300 per month capacity head-room, and to continue to Fee Schedule to offer two (2) additional for Limited Service MEO Ports five (5) provide the same level of service across Limited Service MEO Ports to Market and six (6), and $400 per month for the Exchange’s low-latency, high- Makers. The Exchange does not propose Limited Service MEO Ports seven (7) throughput technology environment. to amend the fees charged for the and eight (8). These fees have been Currently, the Exchange has 8 additional Limited Service MEO Ports. unchanged since they were adopted in network switches that support the entire The Exchange initially filed the 2018.11 customer base of MIAX PEARL. The proposal to increase the number of The Exchange originally added the Exchange plans to increase this to 10 Limited Service MEO Ports available to Limited Service MEO Ports to enhance switches, which will increase the Market Makers on June 30, 2020, with the MEO Port connectivity made number of available customer ports by no change to the actual fee amounts available to Market Makers. Limited 25%. This increase in the number of being charged.4 The First Proposed Rule Service MEO Ports have been well available customer ports will enable the Change was published for comment in received by Market Makers since their Exchange to continue to provide the Federal Register on July 20, 2020.5 addition. The Exchange now proposes sufficient and equal access to the MIAX On August 25, 2020, the Exchange to offer to Market Makers the ability to PEARL System to all Members. Absent withdrew the First Proposed Rule purchase an additional two (2) Limited the proposed increase in available MEO Change.6 Service MEO Ports per matching engine Ports, the Exchange projects that its The Exchange notes that the First over and above the current six (6) Proposed Rule Change did not receive current inventory will be depleted and additional Limited Service MEO Ports it will lack sufficient capacity to any comment letters; however, the per matching engine that are available Exchange has determined to refile its continue to meet Members’ access for purchase by Market Makers. The needs. proposal to increase the number of Exchange proposes making a Limited Service MEO Ports available to corresponding change to the text in the 2. Statutory Basis Market Makers (without increasing the Port Fee table and to the text below the The Exchange believes that its actual fee amounts) to provide further Port Fee table in Section 5(d) of the Fee proposal to amend its Fee Schedule is clarification regarding the Exchange’s Schedule to specify that Market Makers consistent with Section 6(b) of the Act 12 annual cost for providing additional will now be limited to purchasing eight in general, and furthers the objectives of Limited Service MEO Ports. (8) additional Limited Service MEO 13 The Exchange currently offers Section 6(b)(5) of the Act in that it is Ports per matching engine, for a total of designed to promote just and equitable different options of MEO Ports ten (10) per matching engine. All fees depending on the services required by principles of trade, to remove an Exchange Member,7 including a Full impediments to and perfect the 8 ‘‘Full Service MEO Port—Bulk’’ means an MEO mechanism of a free and open market port that supports all MEO input message types and 4 See Securities Exchange Act Release No. 89316 binary bulk order entry. See the Definitions Section and a national market system, and, in (July 14, 2020), 85 FR 43898 (July 20, 2020) (SR– of the Fee Schedule. general to protect investors and the PEARL–2020–09) (the ‘‘First Proposed Rule 9 ‘‘Full Service MEO Port—Single’’ means an public interest and is not designed to Change’’). MEO port that supports all MEO input message permit unfair discrimination between 5 Id. types and binary order entry on a single order-by- customers, issuers, brokers and dealers. 6 See Comment Letter from Christopher Solgan, order basis, but not bulk orders. See the Definitions The Exchange believes that its VP, Senior Counsel, the Exchange, dated August 24, Section of the Fee Schedule. 2020, notifying the Commission that the Exchange 10 ‘‘Limited Service MEO Port’’ means an MEO proposal is consistent with the will withdraw the First Proposed Rule Change. port that supports all MEO input message types, but objectives of Section 6(b)(5) of the Act 14 7 The term ‘‘Member’’ means an individual or does not support bulk order entry and only because the proposed additional organization that is registered with the Exchange supports limited order types, as specified by the Limited Service MEO Ports will be pursuant to Chapter II of these Rules for purposes Exchange via Regulatory Circular. See the of trading on the Exchange as an ‘‘Electronic Definitions Section of the Fee Schedule. Exchange Member’’ or ‘‘Market Maker.’’ Members 11 See Securities Exchange Act Release No. 83867 12 15 U.S.C. 78f(b). are deemed ‘‘members’’ under the Exchange Act. (March 13, 2018), 83 FR 12044 (March 19, 2018) 13 15 U.S.C. 78f(b)(5). See Exchange Rule 100. (SR–PEARL–2018–07). 14 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 21:35 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56283

available to all Market Makers and the two additional Limited Service MEO additional Limited Service MEO Ports. current fees for the additional Limited Ports will be charged the existing $400 In fact, even excluding the one-time Service MEO Ports apply equally to all monthly fee per port applicable to ports capital expenditure cost of $175,000, the Market Makers regardless of type, and seven (7) and eight (8), which has been Exchange anticipates generating an access to the Exchange is offered on unchanged since adopted 2018.15 The annual loss from the provision of these terms that are not unfairly Exchange does not propose to amend two additional Limited Service MEO discriminatory. The Exchange is the fees applicable to additional Limited Ports of ($26,136)—that is, $67,200 in proposing to increase the number of Service MEO Ports which have been revenue minus $88,636 in expense available Limited Service MEO Ports previously filed with the Commission equates to a loss of ($26,136) to support because the Exchange is expanding its and become effective after notice and the additional ports annually. network. This network expansion is public comment.16 As stated above, the Subjecting the two additional Limited necessary due to increased customer Exchange proposes to expand its Service MEO Ports to the existing $400 demand and increased volatility in the network by making available two monthly fee per port applicable to ports marketplace, both of which have additional Limit Service MEO Ports due seven (7) and eight (8) is also designed translated into increased message traffic to increased customer demand and to encourage Market Makers to be rates across the network. Consequently, increased volatility in the marketplace, efficient with their port usage, thereby this network expansion, which both of which have translated into resulting in a corresponding increase in increases the number of switches increased message traffic rates across the efficiency that the Exchange would supporting customer facing systems, is the network. The cost to expand the be able to realize in managing its necessary in order to provide sufficient network in this manner is greater than aggregate costs for providing the two and equal access to new and existing the revenue the Exchange anticipates additional ports. There is no Members, to maintain a sufficient the additional Limited Service MEO requirement that any Market Maker amount of network capacity head-room, Ports will generate. Specifically, the maintain a specific number of Limited and to continue to provide the same Exchange estimates it will incur a one- Service MEO Ports and a Market Maker level of service across the Exchange’s time cost of approximately $175,000 in may choose to maintain as many or as low-latency, high-throughput capital expenditures on hardware, few of such ports as each Market Maker technology environment. software, and other items to expand the deems appropriate. Currently, the Exchange has 8 network to make available the two Finally, subjecting the two additional network switches that support the entire additional Limited Service MEO Ports. Limited Service MEO Ports to the customer base of MIAX PEARL. The This estimated cost also includes existing $400 monthly fee applicable to Exchange plans to increase this to 10 expense associated with providing the ports seven (7) and eight (8) will help switches, which will increase the necessary engineering and support to encourage Limited Service MEO Port number of available customer ports by personnel to transition those Market usage in a way that aligns with the 25%. This increase in the number of Makers who wish to acquire the two Exchange’s regulatory obligations. As a available customer ports will enable the additional Limited Service MEO Ports. national securities exchange, the Exchange to continue to provide The Exchange projects that Exchange is subject to Regulation sufficient and equal access to MIAX approximately six or seven Market Systems Compliance and Integrity PEARL Systems for all Members. Absent Makers will elect to purchase the (‘‘Reg. SCI’’).17 Reg. SCI Rule 1001(a) the proposed increase in available MEO additional Limited Service MEO Ports, requires that the Exchange establish, Ports, the Exchange projects that its which will be subject to the existing maintain, and enforce written policies current inventory will be depleted and monthly fee of $400 per port applicable and procedures reasonably designed to it will lack sufficient capacity to to ports seven (7) and eight (8). ensure (among other things) that its Reg. continue to meet Members’ access Accordingly, the Exchange projects that SCI systems have levels of capacity needs. Further, the Exchange notes that the annualized revenue from the two adequate to maintain the Exchange’s decision of whether to purchase two additional Limited Service MEO Ports operational capability and promote the additional Limited Service MEO Ports is will be approximately $67,200 maintenance of fair and orderly completely optional and it is a business (assuming that seven Market Makers markets.18 By encouraging Members to decision for each Market Maker to purchase the two additional Limited be efficient with their usage of Limited determine whether the additional Service MEO Ports). Therefore, the MEO Ports, the current fee that will Limited Service MEO Ports are Exchange’s cost in expanding its continue to apply to the proposed two necessary to meet their business network to provide its Members with (2) additional Limited Service MEO requirements. the two additional Limited Service MEO Ports will support the Exchange’s Reg. The Exchange further believes that the Ports—approximately $175,000—is SCI obligations in this regard by availability of the additional Limited clearly greater than the anticipated ensuring that unused ports are available Service MEO Ports is equitable and not annualized revenue the Exchange to be allocated based on individual unfairly discriminatory because it will expects to bring in from the two Members needs and as the Exchange’s enable Market Makers to maintain additional Limited Service MEO Ports— overall order and trade volumes uninterrupted access to the MIAX approximately $67,200. Further, the increase. PEARL System and consequently Exchange anticipates it will incur enhance the marketplace by helping approximately $88,636 in annual B. Self-Regulatory Organization’s Market Makers to better manage risk, ongoing operating expense in order to Statement on Burden on Competition thus preserving the integrity of the support the expanded network and the MIAX does not believe that the MIAX markets, all to the benefit of and two additional Limited Service MEO proposed rule change will result in any protection of investors and the public as Ports. Thus, the Exchange is not burden on competition that is not a whole. generating a supra-competitive profit necessary or appropriate in furtherance The Exchange also believes that its from the provision of these two of the purposes of the Act, as amended. proposal is consistent with Section 6(b)(4) of the Act because only Market 15 See supra note 11. 17 17 CFR 242.1000–1007. Makers that voluntarily purchase the 16 Id. 18 17 CFR 242.1001(a).

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56284 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

The proposed rule change will not including whether the proposed rule SOCIAL SECURITY ADMINISTRATION impose a burden on competition but change is consistent with the Act. [Docket No: SSA–2020–0052] will benefit competition by enhancing Comments may be submitted by any of the Exchange’s ability to compete by the following methods: Agency Information Collection providing additional services to market Electronic Comments Activities: Comment Request participants. It is not intended to address a competitive issue. Rather, the • Use the Commission’s internet The Social Security Administration proposed increase in the number of comment form (http://www.sec.gov/ (SSA) publishes a list of information additional Limited Service MEO Ports rules/sro.shtml); or collection packages requiring clearance available per Market Maker is intended • Send an email to rule-comments@ by the Office of Management and to allow the Exchange to increase its sec.gov. Please include File Number SR– Budget (OMB) in compliance with inventory of MEO Ports to meet PEARL–2020–12 on the subject line. Public Law 104–13, the Paperwork increased Member demand. The Paper Comments Reduction Act of 1995, effective October 1, 1995. This notice includes an Exchange is increasing the number of • available additional Limited Service Send paper comments in triplicate extension of an OMB-approved MEO Ports in response to Market Maker to Secretary, Securities and Exchange information collection. demand for increased connectivity to Commission, 100 F Street NE, SSA is soliciting comments on the the MIAX PEARL System. The Washington, DC 20549–1090. accuracy of the agency’s burden Exchange’s current inventory may soon All submissions should refer to File estimate; the need for the information; be insufficient to meet those needs. Number SR–PEARL–2020–12. This file its practical utility; ways to enhance its Again, the Exchange is not proposing to number should be included on the quality, utility, and clarity; and ways to amend the fees for MEO Ports, just to subject line if email is used. To help the minimize burden on respondents, increase the number of MEO Ports Commission process and review your including the use of automated available per Market Maker. The comments more efficiently, please use collection techniques or other forms of Exchange also does not believe that the only one method. The Commission will information technology. Mail, email, or proposed rule change will impose a post all comments on the Commission’s fax your comments and burden on intramarket competition internet website (http://www.sec.gov/ recommendations on the information because the two additional Limited rules/sro.shtml). Copies of the collection(s) to the OMB Desk Officer Service MEO Ports will be available to submission, all subsequent and SSA Reports Clearance Officer at all Market Makers on an equal basis. It amendments, all written statements the following addresses or fax numbers. is a business decision of each Market with respect to the proposed rule (OMB), Office of Management and Maker whether to pay for the additional change that are filed with the Budget, Attn: Desk Officer for SSA, Limited Service MEO Ports. Commission, and all written Fax: 202–395–6974, Email address: communications relating to the [email protected] C. Self-Regulatory Organization’s proposed rule change between the Statement on Comments on the (SSA), Social Security Administration, Commission and any person, other than OLCA, Attn: Reports Clearance Proposed Rule Change Received From those that may be withheld from the Members, Participants, or Others Director, 3100 West High Rise, 6401 public in accordance with the Security Blvd., Baltimore, MD 21235, Written comments were neither provisions of 5 U.S.C. 552, will be Fax: 410–966–2830, Email address: solicited nor received. available for website viewing and [email protected] printing in the Commission’s Public III. Date of Effectiveness of the Or you may submit your comments Reference Room, 100 F Street NE, Proposed Rule Change and Timing for online through www.regulations.gov, Washington, DC 20549, on official Commission Action referencing Docket ID Number [SSA– business days between the hours of 2020–0052]. The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the SSA submitted the information effective pursuant to Section filing also will be available for collection below to OMB for clearance. 19(b)(3)(A)(ii) of the Act,19 and Rule inspection and copying at the principal Your comments regarding this 19b–4(f)(2) 20 thereunder. At any time office of the Exchange. All comments information collection would be most within 60 days of the filing of the received will be posted without change. useful if OMB and SSA receive them 30 proposed rule change, the Commission Persons submitting comments are days from the date of this publication. summarily may temporarily suspend cautioned that we do not redact or edit To be sure we consider your comments, such rule change if it appears to the personal identifying information from we must receive them no later than Commission that such action is comment submissions. You should October 13, 2020. Individuals can obtain necessary or appropriate in the public submit only information that you wish copies of this OMB clearance package interest, for the protection of investors, to make available publicly. All by writing to OR.Reports.Clearance@ or otherwise in furtherance of the submissions should refer to File ssa.gov. purposes of the Act. If the Commission Number SR–PEARL–2020–12 and Generic Clearance for the Collection takes such action, the Commission shall should be submitted on or before of Qualitative Feedback on Agency institute proceedings to determine October 2, 2020. whether the proposed rule should be Service Delivery—0960–0788. SSA, as For the Commission, by the Division of approved or disapproved. part of our continuing effort to reduce Trading and Markets, pursuant to delegated paperwork and respondent burden, 21 IV. Solicitation of Comments authority. invites the general public to take this Interested persons are invited to J. Matthew DeLesDernier, opportunity to comment on the submit written data, views, and Assistant Secretary. ‘‘Generic Clearance for the Collection of arguments concerning the foregoing, [FR Doc. 2020–20022 Filed 9–10–20; 8:45 am] Qualitative Feedback on Agency Service BILLING CODE 8011–01–P Delivery’’ for approval under the 19 15 U.S.C. 78s(b)(3)(A)(ii). Paperwork Reduction Act (PRA) (44 20 17 CFR 240.19b–4(f)(2). 21 17 CFR 200.30–3(a)(12). U.S.C. 3501 et seq.). We developed this

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56285

collection as part of a Federal purposes and we will not release it Estimated Annual Burden: 384,629 Government-wide effort to streamline outside of the agency; (7) we will not hours. the process for seeking feedback from use information we gather for the Dated: September 4, 2020. the public on service delivery. purpose of substantially informing Naomi Sipple, Under the auspices of Executive influential policy decisions; and (8) Order 12862, Setting Customer Service Reports Clearance Officer, Social Security information we gather will yield Administration. Standards, SSA conducts multiple qualitative information; the collections satisfaction surveys each year. This will not be designed or expected to [FR Doc. 2020–20047 Filed 9–10–20; 8:45 am] proposed information collection activity yield statistically reliable results or used BILLING CODE 4191–02–P provides a means to garner qualitative as though the results are generalizable to customer and stakeholder feedback in the population of study. an efficient, timely manner, in Feedback collected under this generic SURFACE TRANSPORTATION BOARD accordance with SSA’s commitment to clearance provides useful information, [Docket No. AB 167 (Sub–No. 1189X)] improving service delivery. By but it does not yield data that can be qualitative feedback we mean generalized to the overall population. Consolidated Rail Corporation— information that provides useful This type of generic clearance for Abandonment Exemption—in Hudson insights on perceptions and opinions, qualitative information will not be used County, N.J. but are not statistical surveys that yield for quantitative information collections AGENCY: Surface Transportation Board. quantitative results that can be that are designed to yield reliably generalized to the population of study. actionable results, such as monitoring ACTION: Notice of Availability of the This feedback will provide insights into trends over time or documenting Draft Supplemental Environmental customer or stakeholder perceptions, program performance. Such data uses Assessment and request for comments. experiences and expectations, provide require more rigorous designs that SUMMARY: Notice is hereby given of the an early warning of issues with service, address the target population to which or focus attention on areas where availability of the Draft Supplemental generalizations will be made, the Environmental Assessment. communication, training or changes in sampling frame, the sample design operations might improve delivery of (including stratification and clustering), DATES: The Draft Supplemental products or services. These collections the precision requirements or power Environmental Assessment will be will allow for ongoing, collaborative, calculations that justify the proposed available for public review and and actionable communications sample size, the expected response rate, comment on September 10, 2020. between SSA and our customers and methods for assessing potential non- Comments are due on October 19, 2020. stakeholders. response bias, the protocols for data ADDRESSES: Comments on this Draft The solicitation of feedback will target collection, and any testing procedures Supplemental Environmental areas such as: Timeliness; that were or will be undertaken prior to Assessment should be submitted appropriateness; accuracy of fielding the study. Depending on the electronically on the STB’s website: information; courtesy; efficiency of degree of influence the results are likely https://prod.stb.gov. Please refer to service delivery; and resolution of to have, such collections may still be Docket No. AB 167 (Sub–No. 1189X) in issues with service delivery. We will eligible for submission for other generic all comments submitted. assess responses to plan and inform mechanisms that are designed to yield FOR FURTHER INFORMATION CONTACT: efforts to improve or maintain the Adam Assenza, 202–245–0301, quality of service offered to the public. quantitative results. If we do not collect this information, we As a general matter, information [email protected]. would not have access to vital feedback collections will not result in any new SUPPLEMENTARY INFORMATION: On from customers and stakeholders on system of records containing privacy September 10, 2020, the Surface SSA’s services. information and will not ask questions Transportation Board’s (Board) Office of We will only submit a collection for of a sensitive nature, such as sexual Environmental Analysis (OEA) issued a approval under this generic clearance if behavior and attitudes, religious beliefs, Draft Supplemental Environmental it meets the following conditions: (1) and other matters that are commonly Assessment (DSEA) in the pending rail- The collections are voluntary; (2) the considered private. The respondents are line abandonment proceeding, collections are low-burden for recipients of SSA services (including Consolidated Rail Corporation- respondents (based on considerations of most members of the public), Abandonment Exemption-in Hudson total burden hours, total number of professionals, and individuals who County, N.J., Docket No. AB 167 (Sub– respondents, or burden-hours per work on behalf of SSA beneficiaries. No. 1189X), in which Conrail seeks respondent) and are low-cost for both Type of Request: Extension of an authority to abandon the Harsimus the respondents and the Federal OMB-approved information collection. Branch, a 1.36-mile rail line in Jersey Government; (3) the collections are non- Affected Public: Individuals and City, N.J. Following the issuance of a controversial and do not raise issues of households, businesses and Draft Environmental Assessment (EA) in concern to other Federal agencies; (4) organizations, State, Local or Tribal 2009, the Board stayed the any collection targeted to the government. abandonment proceeding for several solicitation of opinions from Total Estimated Number of years while the parties litigated respondents who have experience with Respondents: 5,454,212. jurisdictional issues in court. The DSEA the program or may have experience Below we provide projected average updates and addresses changed with the program in the near future; (5) estimates for the next three years: circumstances and new information we collect personally identifiable Annual Respondents: 1,818,404. since the issuance of the Draft EA, information (PII) only to the extent Annual Responses: 1,818,404. responds to comments on the Draft EA, necessary and we do not retain it; (6) we Frequency of Response: Once per and provides further opportunity for will use information gathered only request. public comment on environmental internally for general service Average Minutes per Response: 13 issues under the National improvement and program management minutes (12.6912). Environmental Policy Act (NEPA)

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56286 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

(historic issues are being considered in uas/programs_partnerships/drone_ Issued in Washington, DC. a separate process). Comments on the advisory_committee/. Erik W. Amend, DSEA may be submitted electronically FOR FURTHER INFORMATION CONTACT: Gary Manager, Executive Office, AUS–10, Federal through the Board’s website and are due Kolb, UAS Stakeholder & Committee Aviation Administration. on October 19, 2020. Liaison, Federal Aviation [FR Doc. 2020–20082 Filed 9–10–20; 8:45 am] Following receipt of comments on Administration, U.S. Department of BILLING CODE 4910–13–P this DSEA, OEA will prepare and issue Transportation, at [email protected] or a Final EA. The issuance of the Final EA 202–267–4441. Any committee related will conclude the NEPA review process request or request for reasonable DEPARTMENT OF TRANSPORTATION for this abandonment proceeding. Once accommodations should be sent to the OEA completes both the Section 106 person listed in this section. Federal Highway Administration process and the NEPA review, the Board SUPPLEMENTARY INFORMATION: [Docket No. FHWA–2020–0013] will consider the recommendations from OEA concerning the effects of the I. Background Agency Information Collection proposed abandonment on the The DAC was created under the Activities: Request for Comments on environment and historic resources, will Federal Advisory Committee Act the Renewal of a Previously Approved balance that information with the (FACA), in accordance with Title 5 of Information Collection transportation merits of the proceeding, the United States Code (5 U.S.C. App. Correction and will issue a final decision 2) to provide the FAA with advice on approving, denying, or approving with key UAS integration issues by helping In Notice document 2020–15020, the imposition of conditions a grant of to identify challenges and prioritize appearing on pages 42065–42066, in the abandonment authority to Conrail. improvements. issue of Monday July 13, 2020, make the following correction: Dated: September 8, 2020. II. Agenda By the Board, Victoria Ruston, Director, On page 42065, in the second column, Office of Environmental Analysis. At the meeting, the agenda will cover in the heading ‘‘DATES:’’, the date Kenyatta Clay, the following topics: reading ‘‘July 13, 2020’’ should read • Clearance Clerk. Official Statement of the Designated ‘‘September 11, 2020’’. [FR Doc. 2020–20081 Filed 9–10–20; 8:45 am] Federal Officer [FR Doc. C1–2020–15020 Filed 9–10–20; 8:45 am] • Approval of the Agenda and Previous BILLING CODE 1301–00–D BILLING CODE 4915–01–P Meeting Minutes • Opening Remarks • FAA Update DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION • Industry-Led Technical Topics • New Business/Agenda Topics Federal Railroad Administration • Federal Aviation Administration Closing Remarks [Docket No. FRA–2020–0027–N–20] • Adjourn Drone Advisory Committee (DAC); Additional details will be posted on Proposed Agency Information Notice of Public Meeting the DAC internet website address listed Collection Activities; Comment AGENCY: Federal Aviation in the ADDRESSES section at least 15 Request days in advance of the meeting. Administration, Department of AGENCY: Federal Railroad Transportation. III. Public Participation Administration (FRA), U.S. Department ACTION: Notice of public meeting. The meeting will be open to the of Transportation (DOT). SUMMARY: This notice announces a public and livestreamed. Members of ACTION: Notice of information collection; meeting of the Drone Advisory the public who wish to observe the request for comment. virtual meeting can access the Committee. SUMMARY: livestream from either of the following Under the Paperwork DATES: The meeting will be held on FAA social media platforms on the day Reduction Act of 1995 (PRA) and its October 22, 2020, between 9:00 a.m. to of the event, https://www.facebook.com/ implementing regulations, FRA seeks 4:00 p.m. Eastern Time. FAA or https://www.youtube.com/ approval of the Information Collection Requests for reasonable FAAnews. The U.S. Department of Request (ICR) abstracted below. Before accommodations must be received by Transportation is committed to submitting this ICR to the Office of October 8, 2020. providing equal access to this meeting Management and Budget (OMB) for Requests to submit written materials for all participants. If you need approval, FRA is soliciting public to be reviewed during the meeting must alternative formats or services because comment on specific aspects of the be received no later than October 15, of a disability, such as sign language, activities identified in the ICR. 2020. interpretation, or other ancillary aids, DATES: Interested persons are invited to ADDRESSES: The meeting will be held please contact the person listed in the submit comments on or before virtually. Members of the public who FOR FURTHER INFORMATION CONTACT November 10, 2020. wish to observe the virtual meeting can section by October 8, 2020. ADDRESSES: Submit comments and access the livestream from either of the The FAA is not accepting oral recommendations for the proposed ICR following FAA social media platforms presentations at this meeting due to to Ms. Hodan Wells, Information on the day of the event, https:// time constraints. Written statements Collection Clearance Officer at email: www.facebook.com/FAA or https:// submitted by the deadline will be [email protected] or telephone: (202) www.youtube.com/FAAnews. For copies provided to the DAC members before 493–0440. Please refer to the assigned of meeting minutes along with all other the meeting. Any member of the public OMB control number in any information please visit the DAC may submit a written statement to the correspondence submitted. FRA will internet website at https://www.faa.gov/ committee at any time. summarize comments received in

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56287

response to this notice in a subsequent collection activities on the public, and Practices, require railroads to file notice and include them in its including the use of automated with FRA copies of their operating information collection submission to collection techniques or other forms of rules, timetables, timetable special OMB for approval. information technology. See 44 U.S.C. instructions, and subsequent SUPPLEMENTARY INFORMATION: The PRA, 3506(c)(2)(A); 5 CFR 1320.8(d)(1). amendments. The regulations also 44 U.S.C. 3501–3520, and its FRA believes that soliciting public require railroads to retain copies of implementing regulations, 5 CFR part comment may reduce the administrative these documents at their systems 1320, require Federal agencies to and paperwork burdens associated with headquarters and make these documents provide 60-days’ notice to the public to the collection of information that available to FRA upon request. allow comment on information Federal regulations mandate. In Additionally, 49 CFR 220.21(b) collection activities before seeking OMB summary, FRA reasons that comments prescribes the collection of information approval of the activities. See 44 U.S.C. received will advance three objectives: by requiring railroads to retain one copy 3506, 3507; 5 CFR 1320.8 through (1) Reduce reporting burdens; (2) of their current operating rules with 1320.12. Specifically, FRA invites organize information collection respect to radio communications and interested parties to comment on the requirements in a ‘‘user-friendly’’ format one copy of each subsequent following ICR regarding: (1) Whether the to improve the use of such information; amendment. Through these rules, FRA information collection activities are and (3) accurately assess the resources learns the condition of operating rules necessary for FRA to properly execute expended to retrieve and produce and practices of trains and instructions its functions, including whether the information requested. See 44 U.S.C. railroads provide their employees on activities will have practical utility; (2) 3501. operating practices. the accuracy of FRA’s estimates of the The summary below describes the ICR Type of Request: Extension with burden of the information collection that FRA will submit for OMB clearance change (revised estimates) of a currently activities, including the validity of the as the PRA requires: approved collection. methodology and assumptions used to Title: Railroad Operating Rules. Affected Public: Businesses. determine the estimates; (3) ways for OMB Control Number: 2130–0035. Form(s): N/A. FRA to enhance the quality, utility, and Abstract: The collection of Respondent Universe: 765 railroads. clarity of the information being information associated with Title 49 Frequency of Submission: On collected; and (4) ways for FRA to Code of Federal Regulations (CFR) parts occasion. minimize the burden of information 217 and 218, Railroad Operating Rules Reporting Burden:

Total Respondent Total Average time per annual Total cost CFR Section 1 annual universe responses burden equivalent 2 responses hours

217.7(a)—Operating rules; filing and rec- 2 new railroads ..... 2 documents ...... 1 hour ...... 2 hours ...... $154 ordkeeping—Filing of code of operating rules, timetables, and timetable special instructions by Class I, Class II, Am- trak, and commuter railroads with FRA. —(b) Amendments to code of operating 53 railroads ...... 312 revised docu- 20 minutes ...... 104 hours ...... 8,008 rules, timetables, and timetable special ments. instructions by Class I, Class II, Am- trak, and commuter railroads with FRA. —(c) Class III and other railroads—Copy 2 new railroads ..... 2 documents ...... 1 hour ...... 2 hours ...... 154 of code of operating rules, timetables, and timetable special instructions at system headquarters. —(c) Class III and other railroads— 798 railroads ...... 1,596 copies ...... 15 minutes ...... 399 hours ...... 30,723 Amendments to code of operating rules, timetables, and timetable special instructions at system headquarters. 217.9(b)(2)—Program of operational tests 765 railroads ...... 4,732 records ...... 2 minutes ...... 158 hours ...... 12,166 and inspections; recordkeeping—Writ- ten records documenting qualification of each railroad testing officer. —(c) Written program of operational tests 2 new railroads ..... 2 programs ...... 10 hours ...... 20 hours ...... 2,300 and inspections. —(d)(1) Records of operational tests/in- 765 railroads ...... 9,120,000 test 5 minutes ...... 760,000 hours ...... 58,520,000 spections. records and up- dates. —(d)(2) Railroad copy of current program 53 railroads ...... 159 program revi- 70 minutes ...... 186 hours ...... 14,322 operational tests/inspections—Amend- sions. ments. —(e)(1)(i) Written quarterly review of 8 Amtrak + Class I 32 reviews ...... 2 hours ...... 64 hours ...... 4,928 operational tests/inspections by RRs railroads. other than passenger RRs. —(e)(1)(ii) 6-month review of operational 7 Class I railroads 14 reviews ...... 2 hours ...... 28 hours ...... 2,156 tests/inspections/naming of officer. —(e)(2) 6-month review by passenger 35 Amtrak + pas- 70 reviews ...... 2 hours ...... 140 hours ...... 10,780 railroads designated officers of oper- senger railroads. ational testing and inspection data.

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56288 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

Total Respondent Total Average time per annual Total cost CFR Section 1 annual universe responses burden equivalent 2 responses hours

—(e)(3) Records of periodic reviews ...... 50 railroads ...... 116 records ...... 1 minute ...... 2 hours ...... 154 —(f)–(g) Annual summary of operational 50 railroads ...... 50 summary 1 hour ...... 50 hours ...... 3,850 tests and inspections. records. —(h)(1)(i) RR amended program of oper- 765 railroads ...... 6 revised pro- 30 minutes ...... 3 hours ...... 231 ational tests/inspections. grams. —(h)(1)(ii) FRA disapproval of RR pro- 765 railroads ...... 6 supporting docu- 1 hour ...... 6 hours ...... 462 gram of operational tests/inspections ments. and RR written response in support of program. 218.97(c)(1) and (c)(4)—RR employee 10 workers ...... 10 gd. faith chal- 15 minutes ...... 3 hours ...... 231 good faith challenge of RR directive. lenges. —(c)(5) RR resolution of employee good 2 new railroads ..... 5 responses ...... 15 minutes ...... 1 hour ...... 77 faith challenge. —(d)(1) RR officer immediate review of 2 new railroads ..... 3 reviews ...... 30 minutes ...... 2 hours ...... 154 unresolved good faith challenge. —(d)(2) RR officer explanation to em- 2 new railroads ..... 3 answers ...... 15 minutes ...... 1 hour ...... 77 ployee that Federal law may protect against employer retaliation for refusal to carry out work if employee refusal is a lawful, good faith act. —(d)(3) Employee written/electronic pro- 2 new railroads ..... 3 written protests .. 15 minutes ...... 1 hour ...... 77 test of employer final decision. —(d)(3) Employee copy of protest ...... 2 new railroads ..... 3 copies ...... 1 minute ...... 0.1 hour ...... 8 —(d)(4) Employer further review of good 2 new railroads ..... 2 further reviews .. 15 minutes ...... 0.5 hours ...... 39 faith challenge after employee written request. —(d)(4) RR verification decision to em- 2 new railroads ..... 2 decisions ...... 15 minutes ...... 0.5 hours ...... 39 ployee in writing. —(e) Recordkeeping and record reten- 2 new railroads ..... 2 copies ...... 5 minutes ...... 0.2 hours ...... 15 tion—Employer’s copy of written proce- dures at division headquarters. 218.99(a)—Shoving or pushing move- 2 new railroads ..... 2 rule modifica- 1 hour ...... 2 hours ...... 154 ment—RR operating rule complying tions. with section’s requirements. 218.101(a)–(c)—Leaving equipment in 2 new railroads ..... 2 rule modifica- 30 minutes ...... 1 hour ...... 77 the clear—Operating rule that complies tions. with this section. 218.103(a)(1)—Hand-Operated Switch- 2 new railroads ..... 2 rule modifica- 30 minutes ...... 1 hour ...... 77 es—Operating Rule that Complies with tions. this section.

Total ...... 765 railroads ...... 9,257,138 re- N/A ...... 772,010 hours ...... 59,445,553 sponses. 1 Note: The current inventory estimates a total burden of 4,791,614 hours while the requesting inventory estimates a total burden of 772,010 hours. There is no change in the method of the collection. However, FRA determined some of the estimates were double counted and/or out- dated, while other estimates were not PRA requirements, thus leading to the increased figures in the current inventory, which were decreased accordingly in this notice. Also, totals may not add due to rounding. 2 The dollar equivalent cost is derived from the Surface Transportation Board’s Full Year Wage A&B data series using the appropriate em- ployee group hourly wage rate that includes a 75-percent overhead charge. The hourly wage rate used is $77 per hour ($44.27 * 1.75 = $77).

Total Estimated Annual Responses: Authority: 44 U.S.C. 3501–3520. DEPARTMENT OF TRANSPORTATION 9,257,138. Brett A. Jortland, Federal Railroad Administration Total Estimated Annual Burden: Deputy Chief Counsel. 772,010 hours. [FR Doc. 2020–20034 Filed 9–10–20; 8:45 am] [Docket Number FRA–2020–0071] Total Estimated Annual Burden Hour BILLING CODE 4910–06–P Dollar Cost Equivalent: $59,445,553. Notice of Application for Approval of Under 44 U.S.C. 3507(a) and 5 CFR Discontinuance or Modification of a 1320.5(b) and 1320.8(b)(3)(vi), FRA Railroad Signal System informs all interested parties that it may not conduct or sponsor, and a Under part 235 of title 49 of the Code respondent is not required to respond of Federal Regulations (CFR) and 49 to, a collection of information unless it U.S.C. 20502(a), this document provides displays a currently valid OMB control the public notice that on August 10, number. 2020, Norfolk Southern Corporation (NS) petitioned the Federal Railroad Administration (FRA) seeking approval to discontinue or modify a signal

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56289

system. FRA assigned the petition received after that date will be Railroad Administration, Office of Docket Number FRA–2020–0071. considered if practicable. Railroad Policy and Development, (202) Applicant: Norfolk Southern Anyone can search the electronic 493–6368, [email protected]. Corporation, T.A. Phillips, Senior form of any written communications SUPPLEMENTARY INFORMATION: Notice is Director—C & S Operations, 1200 and comments received into any of our hereby given that FRA and other Federal Peachtree Street NE, Atlanta, GA 30309. dockets by the name of the individual agencies have taken final agency actions Specifically, NS requests permission submitting the comment (or signing the by issuing certain licenses, permits and to discontinue the traffic control system document, if submitted on behalf of an approvals relating to the Project. The (TCS) on the Wolf Creek (WC) Branch association, business, labor union, etc.). actions on the Project, as well as the Line of the Pocahontas Division, from Under 5 U.S.C. 553(c), DOT solicits laws under which such actions were milepost (MP) WC 0.0 to MP WC 22.4. comments from the public to better taken, are described in the Project This discontinuance will include inform its processes. DOT posts these documentation issued to comply with control points (CP) at Pilgrim, Peter comments, without edit, including any the National Environmental Policy Act Cave, Pigeon Roost, McClure, Bluebird, personal information the commenter (NEPA). Interested parties may visit the and Pevler, and four automatic signals. provides, to www.regulations.gov, as Project website at http:// A new operative approach signal will be described in the system of records longbridgeproject.com/ or the FRA placed at MP WC 1.4 in approach to the notice (DOT/ALL–14 FDMS), which can website at https://railroads.dot.gov/. CP Wolf Creek. All slide fences within be reviewed at https:// The Project involves construction of the application limits will be retired. www.transportation.gov/privacy. See new two-track railroad bridges over the The main track between MP WC 0.0 and also https://www.regulations.gov/ Potomac River and the George WC 22.4 will be converted to NS Rule privacyNotice for the privacy notice of Washington Memorial Parkway (GWMP) 171 operation. The signaled sidings regulations.gov. between the existing railroad bridge and within the application limits at CP Issued in Washington, DC. the Metrorail Bridge. The Project Pilgrim, Peter Cave, Pigeon Roost, and John Karl Alexy, includes expansion of the Long Bridge McClure will be made non-controlled, Associate Administrator for Railroad Safety, Corridor, a 1.8-mile railroad corridor other than main track. Chief Safety Officer. between RO Interlocking in Arlington, NS states that train operations in this [FR Doc. 2020–20085 Filed 9–10–20; 8:45 am] Virginia, and L’Enfant Interlocking near area no longer support the need for TCS. 10th Street SW in the District of The Wolf Creek Line is being operated BILLING CODE 4910–06–P Columbia, from two to four tracks and under NS Operating Rule 292, Rusty all necessary infrastructure Rail. DEPARTMENT OF TRANSPORTATION A copy of the petition, as well as any improvements. On September 3, 2020, FRA issued written communications concerning the Federal Railroad Administration petition, is available for review online at the Long Bridge Project Final Environmental Impact Statement/ www.regulations.gov. Notice of Limitation on Claims for Record of Decision (Final EIS/ROD). In Interested parties are invited to Judicial Review of Actions by FRA and the Final EIS/ROD, FRA selected Action participate in these proceedings by Other Federal Agencies submitting written views, data, or Alternative A, which would construct comments. FRA does not anticipate AGENCY: Federal Railroad the Long Bridge Project as described scheduling a public hearing in Administration (FRA), Department of above, and would retain the existing connection with these proceedings since Transportation (DOT). Long Bridge over the Potomac River and the facts do not appear to warrant a ACTION: Notice. the railroad bridge over the GWMP. FRA hearing. If any interested parties desire determined that the Selected Alternative SUMMARY: This notice announces final is the best option for the Project and that an opportunity for oral comment and a actions taken by the Federal Railroad public hearing, they should notify FRA, FRA’s approval of the Selected Administration (FRA) and other Alternative is in the best interest of the in writing, before the end of the agencies relating to the Long Bridge comment period and specify the basis public. FRA has further determined that Project (Project) consistent with section all practicable measures to minimize for their request. (l) of Efficient Environmental Reviews All communications concerning these environmental harm have been for Project Decisionmaking. proceedings should identify the incorporated into Selected Alternative DATES: appropriate docket number and may be By this notice, FRA is advising and that appropriate commitments are submitted by any of the following the public of final agency actions outlined in the FEIS/ROD. methods: subject to 23 U.S.C. 139(l). A claim This notice applies to all actions on • Website: http:// seeking judicial review of such actions the Project as of the issuance date of this www.regulations.gov. Follow the online for the railroad project described below notice. FRA’s action, related actions instructions for submitting comments. will be barred unless the claim is filed taken by other agencies, and the laws • Fax: 202–493–2251. on or before September 11, 2022. If a under which such actions were taken • Mail: Docket Operations Facility, Federal law that authorizes judicial are described further in the Final EIS/ U.S. Department of Transportation review of a claim provides a time period ROD. Such actions, include, but are not (DOT), 1200 New Jersey Ave. SE, W12– of less than two years for filing such limited to, NEPA (42 U.S.C. 4321) and 140, Washington, DC 20590. claim, then that shorter time period still the Council on Environmental Quality • Hand Delivery: 1200 New Jersey applies. Implementing Regulations for NEPA (40 Ave. SE, Room W12–140, Washington, FOR FURTHER INFORMATION CONTACT: CFR 1500–1508); Federal Railroad DC 20590, between 9 a.m. and 5 p.m., Pauline Munz, Attorney-Advisor, Administration Procedures for Monday through Friday, except Federal Federal Railroad Administration, Office Considering Environmental Impacts (64 Holidays. of Chief Counsel, (202) 493–0558, FR 28545); Efficient Environmental Communications received by October [email protected], or David Reviews for Project Decisionmaking (23 26, 2020 will be considered by FRA Valenstein, Senior Advisor—Major U.S.C. 139); Section 4(f) of the United before final action is taken. Comments Projects & Credit Programs, Federal States Department of Transportation Act

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 56290 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices

of 1966 (49 U.S.C. 303); Section 106 of ACTION: Notice. 202–622–2480; Assistant Director for the National Historic Preservation Act of Regulatory Affairs, tel.: 202–622–4855; 1966 (54 U.S.C. 306108); the Clean Air SUMMARY: The Department of the or the Department of the Treasury’s Act of 1970 (42 U.S.C. 7401); the Clean Treasury’s Office of Foreign Assets Office of the General Counsel: Office of Water Act of 1972 (33 U.S.C. 1251); the Control (OFAC) is publishing the names the Chief Counsel (Foreign Assets Coastal Zone Management Act of 1972 of one or more persons that have been Control), tel.: 202–622–2410. (16 U.S.C. 1451); and the Endangered placed on OFAC’s Specially Designated SUPPLEMENTARY INFORMATION: Species Act of 1973 (16 U.S.C. 1531 et Nationals and Blocked Persons List seq.). based on OFAC’s determination that one Electronic Availability or more applicable legal criteria were Issued in Washington, DC. The Specially Designated Nationals satisfied. All property and interests in and Blocked Persons List and additional Jamie P. Rennert, property subject to U.S. jurisdiction of Director, Office of Program Delivery. information concerning OFAC sanctions these persons are blocked, and U.S. programs are available on OFAC’s [FR Doc. 2020–20009 Filed 9–10–20; 8:45 am] persons are generally prohibited from website (www.treasury.gov/ofac). BILLING CODE 4910–06–P engaging in transactions with them. Notice of OFAC Action(s) DATES: See SUPPLEMENTARY INFORMATION DEPARTMENT OF THE TREASURY section. On September 8, 2020, OFAC FOR FURTHER INFORMATION CONTACT: determined that the property and interests in property subject to U.S. Office of Foreign Assets Control OFAC: Associate Director for Global jurisdiction of the following persons are Targeting, tel.: 202–622–2420; Assistant Notice of OFAC Sanctions Actions blocked under the relevant sanctions Director for Sanctions Compliance & authorities listed below. AGENCY: Office of Foreign Assets Evaluation, tel.: 202–622–2490; Control, Treasury. Assistant Director for Licensing, tel.: Individuals

Dated: September 8, 2020. DEPARTMENT OF VETERANS Paperwork Reduction Act (PRA) of Andrea Gacki, AFFAIRS 1995, Federal agencies are required to publish notice in the Federal Register Director, Office of Foreign Assets Control, [OMB Control No. 2900–0881] U.S. Department of the Treasury. concerning each proposed collection of [FR Doc. 2020–20098 Filed 9–10–20; 8:45 am] Agency Information Collection information, including each proposed extension of a currently approved BILLING CODE 4810–AL–P Activity: Lay/Witness Statement collection, and allow 60 days for public AGENCY: Veterans Benefits comment in response to the notice. Administration, Department of Veterans DATES: Written comments and Affairs. recommendations on the proposed ACTION: Notice. collection of information should be received on or before November 10, SUMMARY: Veterans Benefits 2020. Administration, Department of Veterans Affairs (VA), is announcing an ADDRESSES: Submit written comments opportunity for public comment on the on the collection of information through proposed collection of certain Federal Docket Management System information by the agency. Under the (FDMS) at www.Regulations.gov or to

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1 EN11SE20.036 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Notices 56291

Nancy J. Kessinger, Veterans Benefits for the proper performance of VBA’s claim for benefits or services. Without Administration (20M33), Department of functions, including whether the this information, VA may not be able to Veterans Affairs, 810 Vermont Avenue information will have practical utility; efficiently and successfully process NW, Washington, DC 20420 or email to (2) the accuracy of VBA’s estimate of the claims that may require additional [email protected]. Please refer to burden of the proposed collection of statements associated with a claim for ‘‘OMB Control No. 2900–0881’’ in any information; (3) ways to enhance the benefits or services. correspondence. During the comment quality, utility, and clarity of the Affected Public: Individuals and period, comments may be viewed online information to be collected; and (4) households. ways to minimize the burden of the through FDMS. Estimated Annual Burden: 16,667 collection of information on FOR FURTHER INFORMATION CONTACT: hours. Danny S. Green at (202) 421–1354. respondents, including through the use of automated collection techniques or Estimated Average Burden per SUPPLEMENTARY INFORMATION: Under the the use of other forms of information Respondent: 10 minutes. PRA of 1995, Federal agencies must technology. Frequency of Response: Once. obtain approval from the Office of Authority: 38 U.S.C. 501, 38 U.S.C. Estimated Number of Respondents: Management and Budget (OMB) for each 5103, and 38 U.S.C. 5101(a). 100,000. collection of information they conduct Title: Lay/Witness Statement (VA or sponsor. This request for comment is Form 21–10210). By direction of the Secretary. being made pursuant to Section OMB Control Number: 2900–0881. Danny S. Green, 3506(c)(2)(A) of the PRA. Type of Review: Extension of a VA Clearance Officer, Office of Quality, With respect to the following currently approved collection. Performance and Risk (OQPR), Department collection of information, VBA invites Abstract: VA Form 21–10210 is used of Veterans Affairs. comments on: (1) Whether the proposed by the claimant to gather lay or witness [FR Doc. 2020–20054 Filed 9–10–20; 8:45 am] collection of information is necessary statements that support an existing BILLING CODE 8320–01–P

VerDate Sep<11>2014 20:54 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00080 Fmt 4703 Sfmt 9990 E:\FR\FM\11SEN1.SGM 11SEN1 Vol. 85 Friday, No. 177 September 11, 2020

Part II

Department of Commerce

Bureau of Industry and Security 15 CFR Parts 743, 772, and 774 Wassenaar Arrangement 2018 Plenary Decisions Implementation; and Other Revisions Related to National Security Controls; Final Rule

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11SER2.SGM 11SER2 56294 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

DEPARTMENT OF COMMERCE Categories 0, 1 & 2: Joseph Giunta at operate as hydrophones, and air-launch 202–482–3127 or Joseph.Giunta@ platforms. The changes in this rule, Bureau of Industry and Security bis.doc.gov. which reflect the remaining changes to Category 3: Brian Baker at 202–482– the WA Lists that were approved at the 15 CFR Parts 743, 772, and 774 5534 or [email protected]. December 2018 Plenary meeting, update Categories 4 & 5: Aaron Amundson or the corresponding items listed in the [Docket No. 200717–0194] Anita Zinzuvadia 202–482–0707 or EAR and reflect the most recent changes [email protected] or in technologies and conditions. Unless [email protected]. RIN 0694–AH77 Category 6 (optics): John Varesi 202– explicitly discussed below, the revisions made by this rule will not impact the Wassenaar Arrangement 2018 Plenary 482–1114 or [email protected]. Category 6 (lasers and radar): Michael number of license applications Decisions Implementation; and Other Rithmire 202–482–6105 or submitted to BIS. Revisions Related to National Security [email protected]. Controls Revisions to ECCNs in the Commerce Category 6 (sensors and cameras): Control List To Implement WA 2018 John Varesi 202–482–1114 or AGENCY: Bureau of Industry and Plenary Decisions Security, Commerce. [email protected]. Categories 7 & 9: Michael Rithmire ACTION: Final rule. Following are lists of the ECCNs in 202–482–6105 or Michael Tu 202–482– the CCL that are revised or added by SUMMARY: The Bureau of Industry and 6462 or [email protected] this rule in order to implement the WA Security (BIS) maintains, as part of its or [email protected]. 2018 Plenary decisions. Each change is Category 8: Michael Tu 202–6462 or Export Administration Regulations further described below, by category. (EAR), the Commerce Control List [email protected]. Revisions to (28) ECCNs: 0A617, (CCL), which identifies certain items Category 9x515 (Satellites): Michael subject to Department of Commerce Tu 202–482–6462 or Michael.Tu@ 1C001, 2A001, 2B003, 2B006, 3A001, jurisdiction. This final rule revises the bis.doc.gov. 3A002, 3B001, 3E003, 5E001, 5A002, Category ‘‘600 Series’’ (Munitions CCL and other corresponding parts of 5D002, 5E002, 5E992, 6A003, 6A005, Items): Jeffrey Leitz at 202–482–7417 or the EAR, to implement changes made to 7A002, 7A003, 7A005, 7D003, 7D005, [email protected]. the Wassenaar Arrangement List of 8A001, 8A002, 8B001, 9A010, 9A610, Dual-Use Goods and Technologies and SUPPLEMENTARY INFORMATION: 9B001, and 9E003. Munitions List (WA Lists) maintained Background License Exception Revisions to by the governments participating in the The Wassenaar Arrangement on ECCNs: 1C004: GBS; 8A001: LVS, STA; Wassenaar Arrangement on Export Export Controls for Conventional Arms 8D001: TSR, STA; 8E001: TSR, STA. Controls for Conventional Arms and and Dual-Use Goods and Technologies New ECCNs: 6B002 (masks and Dual-Use Goods and Technologies (Wassenaar or WA) (https:// reticles for optical sensors specified in (Wassenaar Arrangement, or WA) at the www.wassenaar.org) is a group of 42 December 2018 WA Plenary meeting. 6A002.a.1.b or 6A002.a.1.d). like-minded Participating States The Wassenaar Arrangement advocates Conforming Changes to Eight ECCNs: committed to promoting transparency implementation of effective export 0A606, 1A008, 3A991, 6A002, 6E001, and greater responsibility in transfers of controls on strategic items with the 6E002, 8D001, 8E001. conventional arms and dual-use goods objective of improving regional and and technologies, thus preventing international security and stability. BIS Category 0—Nuclear Materials, destabilizing accumulations of those published a final rule on May 23, 2019, Facilities, and Equipment [and items. As a Participating State, the implementing certain new controls on Miscellaneous Items] United States has committed to emerging technologies, as decided at the controlling for export all items on the 0A606 Ground Vehicles and Related 2018 Plenary meeting. This rule WA Lists. The lists were first Commodities harmonizes the CCL with the remaining established in 1996 and have been decisions reached at the 2018 Plenary WA decided to change the phrase revised annually thereafter. Proposals meeting by revising Export Control ‘‘other than those specified by . . .’’ to for changes to the WA Lists that achieve Classification Numbers (ECCNs) consensus are approved by Participating ‘‘not specified by’’ as the more concise controlled for national security reasons States at annual plenary meetings. and consistent way, within the WA List, in each category of the CCL, except Participating States are charged with to indicate that items in an entry are Category 4. This rule also makes other implementing the list changes as soon controlled by that entry only if not associated changes to the EAR, as well as possible after approval. The United controlled elsewhere. A similar phrase as adjustments to license exception States’ implementation of changes to the is used in 0A606.y.8 and is therefore eligibility for national security- WA Lists ensures U.S. companies have changed for consistency (i.e., ‘‘other controlled items and revisions to a level playing field with competitors in than those controlled by. . .’’ is reporting requirements. other WA Participating States. changed to ‘‘not controlled by . . .’’). DATES: This rule is effective September By a final rule published on May 23, 0A617 Miscellaneous ‘‘Equipment,’’ 11, 2020. 2019 (84 FR 23886), BIS implemented Materials, and Related Commodities FOR FURTHER INFORMATION CONTACT: For changes decided at the December 2018 general questions, contact Sharron Plenary Meeting concerning five For reasons explained above in the Cook, Office of Exporter Services, emerging technologies essential to the description of changes to ECCN 0A606, Bureau of Industry and Security, U.S. national security of the United States, the phrase ‘‘other than those described Department of Commerce at 202–482– specifically, discrete microwave in’’ is changed to read ‘‘not described 2440 or by email: Sharron.Cook@ transistors, continuity of operation in’’ in 0A617.c. bis.doc.gov. software, post-quantum cryptography, For technical questions contact: underwater transducers designed to

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56295

Category 1—Special Materials and bearings and solid roller bearings), the This term is also added to part 772 Related Equipment, Chemicals, phrase ‘‘or Class 2’’ is added to the ISO ‘‘Definitions of Terms Used in the ‘‘Microorganisms’’, and ‘‘Toxins’’ 492 tolerance class reference to clarify EAR’’. which tolerance class is required to Note 1 under 3A001.a is removed, 1A004 Protective and Detection satisfy 2A001. because the note has been expanded and Equipment and ‘‘Components,’’ not placed as Note 3 at the beginning of ‘‘Specially Designed’’ for Military Use 2B003 ‘‘Numerically Controlled’’ Category 3, Product Group A. Note 2 ECCN 1A004 is amended by adding Machine Tools under 3A001.a is now designated as License Exception GBS eligibility for The Heading is amended by deleting Note 1. 1A004.a, .b, and .c.2, because these the words ‘‘or manual’’ and moving The Note under Item paragraph items have a long history of approvals much of the text to the Items paragraph 3A001.a.2.c is amended by adding the and are deemed not ‘‘sensitive’’ by the of the List of Items Controlled in order word ‘‘designed’’, which narrows the WA. In 2018, there were over 800 to more clearly state the control text. decontrol note to apply only to license applications with 796 approvals. With this change, there will be three integrated circuits of 3A001.a.2 that are There were two denials for 1A004.d that subparagraphs that list separate control designed for civil automobile or railway also would not have qualified under the parameters previously listed in the train applications. License Exception GBS eligibility Heading. The parameters for digital-to-analog paragraph that is implemented by this converters (DAC) in 3A001.a.5.b are 2B006 Dimensional Inspection or rule. The addition of License Exception amended by revising 3A001.a.5.b.1 and Measuring Systems, Equipment, GBS eligibility for 1A004.a, .b, and .c.2 3A001.a.5.b.2 to fix the overlapping Position Feedback Units and ‘‘Electronic is estimated to alleviate the need for controls between the two Assemblies’’ preparing and processing 200 license subparagraphs. Specifically, ‘‘but less applications annually, thus alleviating Item paragraph b.1 is amended to than 12-bit’’ is added to Item paragraph the burden on reviewing agencies as replace ‘‘a measuring range up to a.5.b.1, ‘‘but not exceeding 3,500 MSPS’’ well as private industry. 0.2mm’’ with ‘‘0 to 0.2 mm of the is added to Item paragraph a.5.b.2, and ‘measuring range’ ’’ and adding a new subparagraph a.5.b.2.b is added to 1A008 Charges, Devices and Technical Note 2 to define ‘measuring read ‘‘An ‘adjusted update rate’ ‘‘Components’’ range’. The new text will clarify that for exceeding 3,500 MSPS.’’ For reasons explained in the purposes of paragraph b.1 ‘‘measuring Technical Note 2, located below the description of changes to ECCN 0A606, range’’ means the difference between introductory text of Item paragraph .b, is the phrase ‘‘other than those specified the minimum and maximum working removed because the definition of by . . .’’ is revised to read ‘‘not distance of the probe, and that the ‘‘vacuum electronic devices’’ is moved specified by . . .’’ in 1A008.d. This is measuring range always starts from to part 772 ‘‘Definitions of Terms Used changed for consistent treatment of this 0mm. This revision does not change the in the EAR’’. As a result of this change, phrase throughout the CCL. scope of control for this entry and all of the single quotes around this term clarifies the intent of this control. 1C001 Materials ‘‘Specially Designed’’ found in 3A001, 3A991.g, 3E003.g are for Absorbing Electromagnetic The Technical Note to the Table on replaced with double quotes to indicate Radiation, or Intrinsically Conductive Deposition Techniques in Category 2 it is a defined term located in part 772. Polymers This rule corrects the punctuation of 3A002 General Purpose ‘‘Electronic This rule amends ECCN 1C001 by paragraph b.4 by replacing the comma Assemblies’’, Modules and Equipment adding paragraph e. (specified planar with a semi-colon. Item paragraph a.6.b is amended by absorbers) to exclusion Note 1, which is Category 3—Electronics replacing the phrase ‘‘A processor that located after the introductory Items performs analysis of the radio frequency paragraph a, as well as a Technical Note Product Group A. ‘‘End Items’’, signal data while it is being recorded’’ to define the term ‘‘open-cell foams’’. ‘‘Equipment’’, ‘‘Accessories’’, with ‘‘‘‘Signal processing’’ of the radio ‘‘Attachments’’, ‘‘Parts’’, ANNEX to Category 1, ‘‘List of frequency signal data while it is being ‘‘Components’’, and ‘‘Systems’’ Explosives (See ECCNs 1A004 and recorded;’’. Including the defined term 1A008)’’ The N.B. at the beginning of Category ‘‘signal processing,’’ the definition of 3, Product Group A, is amended by which is found in Part 772, more clearly In the List of Explosives that is in the adding an ‘‘or’’ and replacing an ‘‘or’’ sets out details of the processing done Annex to Category 1, ‘‘FOX 7’’ is with ‘‘to’’ in order to harmonize the text to the data. corrected by adding a hyphen (‘‘FOX– with the WA List. In addition, Note 3 is Item paragraph 3A002.d.5 ‘‘maximum 7’’) in paragraph 6 in order to make it added to alert the public to look in frequency exceeding 90 GHz’’ is re- consistent with the ‘‘FOX–12’’ in item specified paragraphs of Category 3 for designated as Item paragraph 3A002.d.6. 46 of this Annex. the classification of wafers (finished or New Item paragraph d.5 adds a control Category 2—Materials Processing unfinished). Exporters should now parameter for signal generators having understand by reading the note that the ability of frequency switching by 2A001 Anti-Friction Bearings and these wafers are to be evaluated against means of a ‘Radio Frequency (RF) Bearing Systems the control metric, as if they were modulation bandwidth’ of digital The ISO citation reference in Note 2, finished. baseband signals within specified located at the top of the Items frequency ranges. Three subparagraphs paragraph, is being clarified by changing 3A001 Electronic Items are added (subparagraphs d.5.a through it from ‘‘ISO 3290 as grade 5’’ to read In the license exception section, d.5.c) to specify bandwidth and ‘‘ISO 3290:2001 as grade G5’’ in order to under the License Exception GBS frequency ranges. Also, a Technical assist the public to find the correct paragraph, this rule replaces the term Note is added to define ‘RF modulation standard by its citation and year of the ‘‘vacuum electronic device amplifiers’’ bandwidth’. Signal generators meeting standard to use for classification with ‘‘vacuum electronic devices’’ to any of the parameters in 3A002.d.5 are purposes. In Items paragraph .a (ball reflect the correct name of the devices. subject to national security controls to

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56296 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

countries in NS column 2 of the with the EAR defined term ‘‘satellite 6A005 ‘‘Lasers,’’ ‘‘Components’’ and Commerce Country Chart (see navigation system,’’ which includes Optical Equipment supplement no. 1 to part 738 of the Global Navigation Satellite Systems The terms ‘single transverse mode’ EAR) and anti-terrorism controls to (GNSS) and Regional Navigation and ‘multiple transverse mode’ are not countries in AT column 1 of the Satellite Systems (RNSS), see part 772. defined in 6A005, but are used to Commerce Country Chart, as well as any Exclusion Note 2 of 5A002 is distinguish between parameters for end use or end user controls in part 744 amended by adding a new paragraph j. control. This rule adds Note 6 to 6A005 of the EAR. As indicated in the license that lists ‘‘items specially designed for to define these terms using easily exception section of this ECCN, this a ‘connected civil industry identifiable and measurable paragraph is eligible for License application’’’. Paragraph j. also includes characteristics of lasers in order for the Exception LVS ($5,000) if all the criteria 2 Technical Notes that define laser controls to be applied consistently. for this license exception are met and ‘connected civil industry application’ Therefore, single quotes are added none of the license exception and ‘non-arbitrary data’. around each of these terms throughout restrictions in § 740.2 apply (see part Paragraph 5A002.b is amended by 6A005 to indicate these terms are 740 of the EAR). Transaction-based replacing the existing text with ‘‘Being defined within a Note in 6A005. license exceptions may also be available a ‘cryptographic activation token’, i.e., Paragraph 6A005.a.6.a is amended by (see part 740 of the EAR). Use of license ‘‘information security’’ systems, adding a spectral bandwidth parameter exceptions and Validated End-user equipment and ‘‘components,’’ that are for the control of single transverse mode authorizations for this item may be ‘cryptographic activation tokens’ are non-tunable continuous wave lasers. subject to Wassenaar reporting controlled. A Technical Note is This change is being made because the requirements in § 743.1 of the EAR. included to explain more about simplest way to characterize scalability 3A991 Electronic Devices, and converting by means of ‘‘cryptographic of a laser is to specify the laser ‘‘Components’’ Not Controlled by 3A001 activation’’ and enabling by means of linewidth, which is essentially a ‘‘cryptographic activation’’. measure of the spectral purity of the The single quotes around the term laser. ‘‘vacuum electronic devices’’ in 3A991.g 5D002 ‘‘Software’’ Paragraph 6A005.a.6.b.1 is amended are replaced with double quotes to by raising the output power from 500 W indicate the term is defined in part 772. Paragraph 5D002.b is amended by to 1000 W because the market for these See above explanation under ECCN replacing a large portion of the text with single-mode lasers has matured 3A001. ‘‘having the characteristics of a ‘cryptographic activation token’ substantially in recent years, resulting 3B001 Equipment for the specified by 5A002.b’’ to simplify the in increased demand for higher power Manufacturing of Semiconductor text and for consistency. and beam quality. Also, the lasers with Devices or Materials lower power and beam quality have 5E002 ‘‘Technology’’ Item paragraph 3B001.h ‘‘multi-layer become more available in countries masks’’ is amended by removing Paragraph 5E002.b is amended by outside the WA membership. subparagraph h.1 (parameter of the replacing a large portion of the text with Exclusion Note 2 to 6A005.a.6.b is substrate blank composition) and the phrase ‘‘having the characteristics of amended by removing and reserving merging subparagraph h.2 with Item a ‘cryptographic activation token’ paragraph a., which stated ‘‘having to do paragraph .h in order to focus the specified by 5A002.b’’ to simplify the with output power exceeding 500 W but control solely on the lithography text and for consistency. not exceeding 1 kW and all of the equipment wavelength. following: Beam Parameter Product Category 6—Sensors and Lasers (BPP) exceeding 0.7 mm•mrad.’’ The 3E003 Other ‘‘Technology’’ for the 6A002 Optical Sensors and associated Technical Note to paragraph ‘‘Development’’ or ‘‘Production’’ of Equipment, and ‘‘Components’’ a. is also removed. In addition, Specified Electronics Therefor paragraph e. of the Note is amended by The single quotes around the term raising the upper limit of the output ‘‘vacuum electronic devices’’ in 3E003.g The Related Controls paragraph is power range from 4 kW to 6 kW, in are replaced with double quotes to amended by adding a seventh Note to order to narrow the controls of solid indicate the term is defined in part 772. refer to new ECCN 6B002 for masks and state lasers to the performance of lasers See above explanation under ECCN reticles that are ‘‘specially designed’’ for that are available from outside the WA 3A001. optical sensors specified by 6A002.a.1.b countries. Paragraphs f. and g. of the or 6A002.a.1.d. Note are removed and reserved because Category 5—Part 1— of technological advancement of ‘‘Telecommunications’’ 6A003 Cameras, Systems or Equipment, and ‘‘Components’’ multiple transverse mode industrial 5E001 ‘‘Technology’’ Therefor lasers. This final rule makes an editorial In Note 3 to 6A003.b.4.b, located 6B002 Masks and Reticles, ‘‘Specially revision in paragraph d.4 by removing under 6A003.b.4.c, paragraph b.1 is Designed’’ for Optical Sensors Specified two unnecessary spaces, so that the text amended by revising the exclusion by 6A002.a.1.b or 6A002.a.1.d reads ‘‘0.1 nW’’. parameter for imaging cameras with Masks and reticles are process tools Category 5—Part 2—‘‘Information minimum horizontal or vertical for electronics components from which Security’’ ‘Instantaneous-Field-of View (IFOV)’ of the design can be inferred. Masks and ‘‘at least 10 mrad (milliradians)’’ to ‘‘at reticles are already controlled for 5A002 ‘‘Information Security’’ least 2 mrad (milliradians)’’. This integrated circuits in Category 3, under Systems, Equipment and ‘‘Components’’ change is an update to the parameter to ECCN 3B001.g, when they are designed The Related Control Note 3 is address increased civilian use of for circuits specified in 3A001. 6B002 is amended by replacing the term ‘‘Global imaging cameras with IFOV of at least added to the CCL to control masks and Navigation Satellite Systems (GNSS)’’ 2 mrad. reticles for optical sensors specified in

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56297

6A002.a.1.b or 6A002.a.1.d because the 7A003 ‘Inertial Measurement tethered submersible vehicles is inferred design of these masks and Equipment or Systems’ unchanged and is controlled for reticles would allow the reproduction ECCN 7A003 is amended by removing national security reasons for NS column and/or the retro-engineering of such the parenthetical phrase (see list of 2 countries. The License Exception LVS circuits. ECCN 6B002 items require a items controlled) in the Heading paragraph is amended by revising the license for national security reasons for because the list of items controlled reference to 8A001.d to read 8A001.c.1, all countries that have an ‘‘X’’ under NS section of the ECCN contains a list of and maintaining ineligibility for Column 2 and for anti-terrorism reasons characteristics instead of a list of items. unmanned untethered submersible for all countries that have an ‘‘X’’ under Paragraph a. of the Technical Note at vehicles in 8A001.c.1. AT Column 1 on the Commerce Country the beginning of the Items paragraph is Chart in supplement no. 1 to part 738. amended by replacing ‘‘Global 8A002 Marine Systems, Equipment, Adding masks and reticles to ECCN Navigation Satellite Systems (GNSS)’’ ‘‘Parts’’ and ‘‘Components’’ 6B002 will ensure they are controlled to with ‘‘satellite navigation system’’ in these sensitive destinations. Paragraph 8A002.d is amended by order to clarify that the control applies cascading the parameters into As indicated under the list-based to all satellite navigation systems, not subparagraphs for clarity. There is no license exception section of ECCN just those that have global coverage. The change in the scope of this control by 6B002, these items are eligible for term ‘‘satellite navigation system’’ is this revision. license exceptions LVS ($5000), and added to § 772.1, thus the term is in GBS, so long as all the criteria of these double quotes. 8B001 Water Tunnels license exceptions are met and none of the restrictions of § 740.2 apply. Other 7A005 ‘‘Satellite Navigation System’’ The Heading of 8B001 is amended by license exceptions, e.g., RPL, GOV, and Receiving Equipment replacing ‘‘having’’ with ‘‘designed to STA, may be available depending on the ECCN 7A005 is amended by removing have’’, replacing ‘‘in the frequency transaction details and eligibility the parenthetical phrase (see list of range’’ with ‘‘within the frequency criteria of the license exceptions in part items controlled) in the Heading, range’’, and replacing ‘‘from 0 to 500 740. because the list of items controlled Hz’’ with ‘‘exceeding 0 Hz but not section of the ECCN contains a list of 6E001 and 6E002 ‘‘Technology’’ exceeding 500 Hz’’, in order to make characteristics instead of a list of items. clear that only water tunnels designed The License Requirements tables of The Heading, Related Controls, and to meet these parameters are controlled ECCN 6E001 and 6E002 have been the Note below Item paragraph 7A005.b by this entry and that background noise amended to revise the national security are amended by replacing the term must be less than 100 dB within the rows in order to add in the new ECCN ‘‘Global Navigation Satellite Systems frequency range exceeding 0 Hz, but not (GNSS)’’ with the newly defined term 6B002. A license is required for exceeding 500 Hz. ‘‘technology’’ for the ‘‘development’’ ‘‘satellite navigation system’’ for reasons and ‘‘production’’ of masks and reticles stated in the explanation under ECCN 8D001 ‘‘Software’’ ‘‘Specially controlled by 6B002 for national 7A003 above. Designed’’ or Modified for the security and anti-terrorism reasons for 7D003 Other ‘‘Software’’ ‘‘Development,’’ ‘‘Production’’ or ‘‘Use’’ countries with an ‘‘X’’ in column NS of Equipment or Materials, Controlled Column 1 or in column AT Column 1 ECCN 7D003.b.2 is amended by by 8A (Except 8A992), 8B or 8C and in the Commerce Country Chart in replacing the term ‘‘Global Navigation 8E001 ‘‘Technology’’ According to the supplement no. 1 to part 738 of the Satellite Systems (GNSS)’’ with the General Technology Note for the EAR. For technology that has a license newly defined term ‘‘satellite navigation ‘‘Development’’ or ‘‘Production’’ of requirement, License Exception TSR is system’’ for reasons stated above under available if all the criteria for TSR are ECCN 7A003. Equipment or Materials, Controlled by 8A (Except 8A992), 8B or 8C met and none of the restrictions of 7D005 ‘‘Software’’ ‘‘Specially § 740.2 apply. License Exception STA is Designed’’ to Decrypt ‘‘Satellite 8D001 and 8E001 are amended by available if none of the restrictions Navigation System’’ Ranging Signals replacing the reference to 8A001.d with outlined in ECCN 6E001 or 6E002 Designed for Government Use 8A001.c.1 in the License Exception TSR apply, all the criteria of STA are met, The Heading is amended by replacing eligibility paragraph; and amending the and none of the restrictions of § 740.2 the term ‘‘Global Navigation Satellite Special Conditions for STA by removing apply. Other license exceptions in part Systems (GNSS)’’ with the newly 740 may also be available depending on the reference to 8A001.d, because defined term ‘‘satellite navigation the details of the transaction. unmanned submersible vehicles are system’’ for reasons stated above under moved from 8A001.d to 8A001.c.1, and Category 7—Navigation and Avionics ECCN 7A003. 8A001.c is already listed in this 7A002 Gyros or Angular Rate Sensors Category 8—Marine paragraph. ECCN 7A002 is being amended by 8A001 Submersible Vehicles and Category 9—Aerospace and Propulsion removing the parenthetical phrase (see Surface Vessels 9A010 ‘‘Specially Designed’’ ‘‘Parts,’’ list of items controlled) in the Heading Paragraph 8A001.c is amended to ‘‘Components,’’ Systems and Structures, because the list of items controlled specify all unmanned submersible for Launch Vehicles, Launch Vehicle section of the ECCN contains a list of vehicles controlled under ECCN 8A001. Propulsion Systems or ‘‘Spacecraft’’ characteristics instead of a list of items. Unmanned submersible vehicles are Paragraphs 7A002.a.1 and a.2 are moved from 8A001.d to 8A001.c.1, and Paragraph 9A010.d (pulsed liquid amended by replacing ‘‘A rate range’’ 8A001.d is reserved. Unmanned rocket engines) is amended by moving with ‘‘An angular rate range’’ in order to tethered submersible vehicles are the text within parentheses to a new more accurately describe the parameter moved from 8A001.c to 8A001.c.2. The Technical Note below the paragraph. that applies to the change rate of angle. license requirements for the unmanned

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56298 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

9A610 Military Aircraft and Related The definition of ‘‘satellite navigation public and only require the report for Commodities, Other Than Those system’’ is added to § 772.1 in order to exports of concern. Enumerated in 9A991.a clarify that the term applies to all Export Control Reform Act of 2018 satellite navigation systems, not just Note 2 to 9A610.a, which excludes On August 13, 2018, the President from 9A610.a ‘military aircraft’ that those that have global coverage. The definition of ‘‘stability’’ is signed into law the John S. McCain were first manufactured before 1946, is amended by revising the Note to the National Defense Authorization Act for amended by adding ‘‘or ‘‘lighter-than-air definition to add accelerometers. The Fiscal Year 2019, which included the vehicles’’’’ after the words ‘military term ‘‘stability’’ is used in ECCN 7A001 Export Control Reform Act of 2018 aircraft,’ because there was no intent to (accelerometers), specifically in (ECRA), 50 U.S.C. Sections 4801–4852. maintain controls on lighter-than-air 7A001.a.1.a and a.1.b. ECRA provides the legal basis for BIS’s vehicles from pre-1946, or their The definition of ‘‘vacuum electronic principal authorities and serves as the components. devices’’ is added to § 772.1. The term authority under which BIS issues this 9B001 Manufacturing Equipment, was defined in Technical Note 2 under rule. Tooling or Fixtures 3A001.b, however, because it is used in Saving Clause two separate ECCNs 3A001.b.1 and The Heading of 9B001 is amended by 3E003, the definition is removed from Shipments of items removed from adding ‘‘manufacturing’’ to the front and 3A001 and added (unchanged) to license exception eligibility or eligibility moving the ‘‘specially designed for § 772.1. for export, reexport or transfer (in- . . . .’’ phrase to 9B001.b and 9B001.c. country) without a license as a result of Item paragraph 9B001.a (Directional Supplement No. 6 to Part 774 this regulatory action that were on dock solidification or single crystal casting ‘‘Sensitive List’’ for loading, on lighter, laden aboard an equipment) is amended by adding the Paragraph (3) is amended by re- exporting carrier, or en route aboard a parameter ‘‘designed for ‘‘superalloys’’ designating paragraphs (3)(i) through carrier to a port of export, on September to narrow the scope of control. (iii) as paragraphs (3)(iii) through (v) 11, 2020, pursuant to actual orders for 9E003 Other ‘‘Technology’’ and adding new paragraph (3)(i) exports, reexports and transfers (in- 3A001.b.2—‘‘Monolithic Microwave country) to a foreign destination, may Paragraph 9E003.a.7 (gas turbine Integrated Circuit’’ (‘‘MMIC’’) amplifiers proceed to that destination under the engine ‘‘parts’’ or ‘‘components’’ using and new paragraph (3)(ii) 3A001.b.3— previous license exception eligibility or ‘‘diffusion bonding’’ ‘‘technology’’ Discrete microwave transistors, because without a license so long as they have controlled by 2D003.b) is removed and these items warrant higher levels of been exported, reexported or transferred reserved, because it is redundant to control and monitoring. New paragraphs (in-country) before November 10, 2020. other controls for such parts and (iv) 3D001and (v) 3E001 are amended by Any such items not actually exported, components. Paragraph 9E003.a.7 is not adding reference to 3A001.b.2 and reexported or transferred (in-country) necessary for several reasons. First, 3A001.b.3. Items on the Sensitive List before midnight, on November 10, 2020, diffusion bonding is a subset of solid- tend to be ineligible for license require a license in accordance with this state joining. Second, 9E003.a.6 exceptions by WA Participating States final rule. presently controls diffusion bonding or are subject to reporting requirements. Executive Order Requirements and other solid-state joining techniques Paragraph (6)(xiii) is amended by when applied to the components of merging Note 7 and Note 8. Therefore, Executive Orders 13563 and 12866 concern, i.e., airfoil-to-disk blade Note 8 is removed. direct agencies to assess all costs and combinations. Third, 9E003.a.1–5 also Paragraphs (8)(i) ‘‘8A001.b’’ and benefits of available regulatory presently controls ‘‘development’’ and introductory paragraphs (ii) ‘‘8A002.b’’, alternatives and, if regulation is ‘‘production’’ ‘‘technology’’ for (vi) ‘‘8D001’’ and (viii) ‘‘8E001’’ are necessary, to select regulatory components of concern, regardless of amended by replacing ‘‘8A001.b to .d’’ approaches that maximize net benefits construction method. Fourth, ECCN with ‘‘8A001.b. to .c’’ because the Item (including potential economic, 1B003 covers the control of tools, dies, paragraph specifying unmanned environmental, public health and safety molds or fixtures for diffusion bonding submersible vehicles is moved from effects, distributive impacts, and of specified alloys in aircraft/aerospace 8A001.d to 8A001.c.1. equity). Executive Order 13563 applications, and ECCN 1E001 controls emphasizes the importance of the ‘‘technology’’ ‘‘required’’ for the Supplement No. 7 to Part 774—Very quantifying both costs and benefits, of ‘‘development’’ or ‘‘production’’ of Sensitive List reducing costs, of harmonizing rules, items controlled by ECCN 1B003. All of The WA Very Sensitive List (VSL) is and of promoting flexibility. these other controls cover what was amended by revising paragraph (5) of This rule has been designated a already controlled in paragraph Category 8 to replace paragraph ‘‘significant regulatory action’’ under 9E003.a.7, and therefore to end this citations ‘‘8A001.d’’ with ‘‘8A001.c.1’’ Executive Order 12866. The Wassenaar redundancy, this paragraph is being throughout paragraph (5), because the Arrangement (WA) has been established removed. item 8A001.d is moved to c.1 in this in order to contribute to regional and international security and stability, by Part 772—Definitions of Terms as Used final rule (see explanation above under 8A001). promoting transparency and greater in the Export Administration responsibility in transfers of Regulations (EAR) Other National Security Revisions conventional arms and dual-use goods The definition of ‘‘cryptography’’ is This rule revises paragraph (b) in and technologies, thus preventing amended by adding Note 2 to alert the § 743.3 ‘‘Thermal Imaging Camera destabilizing accumulations. The aim is public that ‘‘cryptography’’ includes Reporting’’ by only requiring the report also to prevent the acquisition of these decryption. for exports of more than 100 thermal items by terrorists. There are presently The definition of ‘‘radiant sensitivity’’ imaging devices in a monocular, 42 Participating States, including the is amended by adding a period to the biocular, or binocular configuration. United States, that seek through their end of the definition. This will reduce the burden on the national policies to ensure that transfers

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56299

of these items do not contribute to the 0137 applies to a group of collections Authority: 50 U.S.C. 4801 et seq.; 50 U.S.C. development or enhancement of with a burden hour estimate average 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, military capabilities that undermine based upon the burden hours and 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, these goals, and to ensure that these 3 CFR, 2014 Comp., p. 223; 78 FR 16129; responses for a large total number of Notice of May 7, 2020, 85 FR 27639. items are not diverted to support such collections, the current burden hour military capabilities that undermine estimate average for collection 0694– ■ 2. Section 743.3 is amended by these goals. Implementation of the WA 0137 is not affected by this rule’s revising paragraph (b) to read as follows: consensus decisions in a timely manner revision of the Section 743.3 ‘‘Thermal § 743.3 Thermal imaging camera reporting. enhances the national security of the Imaging Reporting Requirements,’’ and United States and global international * * * * * therefore remains at 1.5 hours per (b) Transactions to be reported. trade. submission. Exports that are not authorized by an This rule does not contain policies Any comments regarding these with Federalism implications as that individually validated license of more collections of information, including than 100 thermal imaging cameras in a term is defined under Executive Order suggestions for reducing the burden, 13132. monocular, biocular or binocular may be sent to OMB Desk Officer, New configuration controlled by ECCN This rule is not subject to the Executive Office Building, Washington, requirements of E.O. 13771 (82 FR 9339, 6A003.b.4.b to a destination in Country DC 20503; and to Jasmeet K. Seehra, Group A:1 (see supplement no. 1 to part February 3, 2017) because it is issued Office of Management and Budget with respect to a national security _ _ 740 of the EAR), except Canada, must be (OMB), by email to Jasmeet K. Seehra@ reported to BIS. function of the United States. omb.eop.gov, or by fax to (202) 395– * * * * * Paperwork Reduction Act 7285. Requirements Administrative Procedure Act and PART 772—[AMENDED] Notwithstanding any other provision Regulatory Flexibility Act ■ of law, no person is required to respond Requirements 3. The authority citation for part 772 to, nor shall any person be subject to a is continues to read as follows: Pursuant to Section 4821 of ECRA, penalty for failure to comply with a Authority: 50 U.S.C. 4801 et seq.; 50 U.S.C. collection of information subject to the this action is exempt from the 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, requirements of the Paperwork Administrative Procedure Act (5 U.S.C. 2001 Comp., p. 783. 553) requirements for notice of Reduction Act of 1995 (44 U.S.C. 3501 ■ 4. Section 772.1 is amended by: et seq.) (PRA), unless that collection of proposed rulemaking, opportunity for ■ a. Revising the definitions of information displays a currently valid public participation and delay in ‘‘cryptography’’ and ‘‘radiant Office of Management and Budget effective date. sensitivity’’; (OMB) Control Number. Further, no other law requires that a ■ b. Adding a definition for ‘‘satellite This rule involves the following OMB notice of proposed rulemaking and an navigation system’’ in alphabetical approved collections of information opportunity for public comment be order; subject to the PRA: 0694–0088, ‘‘Multi- given for this final rule. Because a ■ c. Revising the definition of Purpose Application’’, which carries a notice of proposed rulemaking and an ‘‘stability’’; and burden hour estimate of 29.6 minutes opportunity for public comment are not ■ d. Adding a definition for ‘‘vacuum for a manual or electronic submission; required to be given for this rule under electronic devices’’ in alphabetical 0694–0106, ‘‘Reporting and the Administrative Procedure Act or by order. Recordkeeping Requirements under the any other law, the analytical The revisions and additions read as Wassenaar Arrangement,’’ which carries requirements of the Regulatory follows: a burden hour estimate of 21 minutes Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no § 772.1 Definitions of terms as used in the for a manual or electronic submission; Export Administration Regulations (EAR). 0694–0096 ‘‘Five Year Records regulatory flexibility analysis is Retention Period,’’ which carries a required, and none has been prepared. * * * * * Cryptography (Cat 5P2)—The burden hour estimate of less than 1 List of Subjects discipline that embodies principles, minute; and 0607–0152 ‘‘Automated means and methods for the Export System (AES) Program, which 15 CFR Part 743 transformation of data in order to hide carries a burden hour estimate of 3 Administrative practice and its information content, prevent its minutes per electronic submission. procedure, Reporting and recordkeeping undetected modification or prevent its Specific license application submission requirements. unauthorized use. ‘‘Cryptography’’ is estimates are discussed further in the limited to the transformation of preamble of this rule where the revision 15 CFR Part 772 information using one or more ‘secret is explained. BIS estimates that Exports. parameters’ (e.g., crypto variables) and/ revisions that are editorial, moving the 15 CFR Part 774 or associated key management. location of control text on the Notes: Commerce Control List, or clarifications Exports, Reporting and recordkeeping 1. ‘‘Cryptography’’ does not include will result in no change in license requirements. ‘fixed’ data compression or coding application submissions. This rule Accordingly, parts 743, 772, and 774 techniques. revises Section 743.3 ‘‘Thermal Imaging of the Export Administration 2. ‘‘Cryptography’’ includes Reporting Requirements’’ by narrowing Regulations (15 CFR parts 730 through decryption. the reporting requirement, which 774) are amended as follows: Technical Notes: carried a burden hour estimate of 60 1. ‘Secret parameter’: A constant or minutes per submission and 60 PART 743—[AMENDED] key kept from the knowledge of others submissions per year under collection or shared only within a group. 0694–0137 ‘‘License Exceptions and ■ 1. The authority citation for part 743 2. ‘Fixed’: The coding or compression Exclusions.’’ Because collection 0694– is revised to read as follows: algorithm cannot accept externally

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56300 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

supplied parameters (e.g., cryptographic ECCN 0A606 is revised to read as functional weapon or a weapon capable of or key variables) and cannot be follow: becoming functional through repair; (ii) modified by the user. military railway trains except those that are Supplement No. 1 to Part 774—The armed or are ‘‘specially designed’’ to launch * * * * * Commerce Control List missiles; (iii) unarmored military recovery Radiant sensitivity (Cat 6)—Radiant and other support vehicles; (iv) unarmored, sensitivity (mA/W) = 0.807 × * * * * * unarmed vehicles with mounts or hard points (wavelength in nm) × ‘Quantum 0A606 Ground Vehicles and Related for firearms of .50 caliber or less; and (v) Commodities, as Follows (See List of Efficiency (QE)’. trailers ‘‘specially designed’’ for use with Items Controlled). other ground vehicles enumerated in USML Technical Note: ‘QE’ is usually expressed License Requirements Category VII or ECCN 0A606.a, and not as a percentage; however, for the purposes of separately enumerated or otherwise this formula ‘QE’ is expressed as a decimal Reason for Control: NS, RS, AT, UN described in USML Category VII. For number less than one, e.g., 78% is 0.78. purposes of this note, the term ‘‘modified’’ Country chart (see does not include incorporation of safety * * * * * Control(s) Supp. No. 1 to part 738) features required by law, cosmetic changes Satellite navigation system (Cat 5P2, (e.g., different paint or repositioning of bolt 7)—A system consisting of ground NS applies to entire NS Column 1 holes) or addition of ‘‘parts’’ or stations, a constellation of satellites, and entry, except ‘‘components’’ available prior to 1956. receivers, that enables receiver locations 0A606.b and .y. Note 2 to paragraph .a: A ground vehicle’s to be calculated on the basis of signals NS applies to NS Column 2 being ‘‘specially designed’’ for military use received from the satellites. It includes 0A606.b. for purposes of determining controls under Global Navigation Satellite Systems RS applies to entire RS Column 1 paragraph .a. entails a structural, electrical (GNSS) and Regional Navigation entry, except or mechanical feature involving one or more Satellite Systems (RNSS). 0A606.b and .y. ‘‘components’’ that are ‘‘specially designed’’ RS applies to RS Column 2 for military use. Such ‘‘components’’ include: * * * * * 0A606.b. a. Pneumatic tire casings of a kind Stability (Cat 7) Standard deviation (1 RS applies to China, Russia, or ‘‘specially designed’’ to be bullet-proof; sigma) of the variation of a particular 0A606.y. Venezuela (see b. Armored protection of vital ‘‘parts’’ (e.g., parameter from its calibrated value § 742.6(a)(7)) fuel tanks or vehicle cabs); measured under stable temperature AT applies to entire AT Column 1 c. Special reinforcements or mountings for conditions. This can be expressed as a entry. weapons; function of time. UN applies to entire See § 746.1(b) d. Black-out lighting. entry, except for UN controls b. Other ground vehicles, ‘‘parts’’ and Note: For gyroscopes and accelerometers, 0A606.y. ‘‘components,’’ as follows: ‘‘stability’’ can be estimated by determining b.1. Unarmed vehicles that are derived List Based License Exceptions (See Part 740 the Allan variance noise-analysis value at the from civilian vehicles and that have all of the integration period (i.e., sample time) for a Description of All License Exceptions) following: consistent with the stated measurement LVS: $1,500 b.1.a. Manufactured or fitted with materials period, which may include extrapolating the GBS: N/A or ‘‘components’’ other than reactive or Allan variance noise analysis beyond the electromagnetic armor to provide ballistic Special Conditions for STA instability point into the rate/acceleration protection to level III (National Institute of random walk or rate/acceleration ramp STA: (1) Paragraph (c)(1) of License Justice standard 0108.01, September 1985) or regions to an integration period consistent Exception STA (§ 740.20(c)(1) of the EAR) better; with the stated measurement period may not be used for any item in 0A606.a, b.1.b. A transmission to provide drive to (Reference: IEEE Std. 952–1997 [R2008] or unless determined by BIS to be eligible for both front and rear wheels simultaneously, IEEE Std 1293–1998 [R2008]). License Exception STA in accordance with including those vehicles having additional § 740.20(g) (License Exception STA wheels for load bearing purposes whether * * * * * eligibility requests for 9x515 and ‘‘600 driven or not; Vacuum electronic devices (Cat 3) series’’ items). (2) Paragraph (c)(2) of b.1.c. Gross vehicle weight rating (GVWR) Electronic devices based on the License Exception STA (§ 740.20(c)(2) of greater than 4,500 kg; and interaction of an electron beam with an the EAR) may not be used for any item in b.1.d. Designed or modified for off-road electromagnetic wave propagating in a 0A606. use. vacuum circuit or interacting with List of Items Controlled b.2. ‘‘Parts’’ and ‘‘components’’ having all of the following: radio-frequency vacuum cavity Related Controls: (1) The ground vehicles, resonators. ‘‘Vacuum electronic b.2.a. ‘‘Specially designed’’ for vehicles other articles, technical data (including specified in paragraph .b.1 of this entry; and devices’’ include klystrons, travelling- software) and services described in 22 CFR b.2.b. Providing ballistic protection to level wave tubes, and their derivatives. part 121, Category VII are subject to the III (National Institute of Justice standard * * * * * jurisdiction of the International Traffic in 0108.01, September 1985) or better. Arms Regulations. (2) See ECCN 0A919 for Note 1 to paragraph b: Ground vehicles foreign-made ‘‘military commodities’’ that PART 774—[AMENDED] otherwise controlled by 0A606.b.1 that incorporate more than a de minimis contain reactive or electromagnetic armor are amount of U.S.-origin ‘‘600 series’’ ■ 5. The authority citation for part 774 subject to the controls of USML Category VII. continues to read as follows: controlled content. Related Definitions: N/A Note 2 to paragraph b: ECCN 0A606.b.1 Authority: 50 U.S.C. 4801 et seq.; 10 U.S.C. Items: does not control civilian vehicles ‘‘specially 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 designed’’ for transporting money or a. Ground vehicles, whether manned or U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. valuables. unmanned, ‘‘specially designed’’ for a 2139a; 15 U.S.C. 1824a; 50 U.S.C. 4305; 22 military use and not enumerated or otherwise Note 3 to paragraph b: ‘‘Unarmed’’ means U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. described in USML Category VII. not having installed weapons, installed 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Note 1 to paragraph .a: For purposes of mountings for weapons, or special 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 reinforcements for mounts for weapons. Comp., p. 783. paragraph .a, ‘‘ground vehicles’’ include (i) tanks and armored vehicles manufactured c. Air-cooled diesel engines and engine ■ 6. In Supplement No. 1 to part 774 prior to 1956 that have not been modified blocks for armored vehicles that weigh more (the Commerce Control List), Category 0, since 1955 and that do not contain a than 40 tons.

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56301

d. Fully automatic continuously variable License Requirements Items: transmissions for tracked combat vehicles. Reason for Control: NS, RS, AT, UN a. [Reserved] e. Deep water fording kits ‘‘specially b. Concealment and deception equipment designed’’ for ground vehicles controlled by Country chart (see ‘‘specially designed’’ for military application, ECCN 0A606.a or USML Category VII. Control(s) Supp. No. 1 to including special paints, decoys, smoke or f. Self-launching bridge ‘‘components’’ not part 738) obscuration equipment and simulators, and enumerated in USML Category VII(g) ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and ‘‘specially designed’’ for deployment by NS applies to entire NS Column 1 ‘‘attachments’’ ‘‘specially designed’’ therefor, ground vehicles enumerated in USML entry, except not controlled by USML Category XIII. Category VII or this ECCN. 0A617.y. c. Ferries, bridges not described in ECCN g. through w. [Reserved] RS applies to entire RS Column 1 0A606 or USML Category VII, and pontoons, x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ entry, except ‘‘specially designed’’ for military use. and ‘‘attachments’’ that are ‘‘specially 0A617.y. d. Test models ‘‘specially designed’’ for the designed’’ for a commodity enumerated or RS applies to China, Russia, or ‘‘development’’ of defense articles controlled otherwise described in ECCN 0A606 (other 0A617.y. Venezuela (see by USML Categories IV, VI, VII and VIII. than 0A606.b or 0A606.y) or a defense article § 742.6(a)(7)) e. [Reserved] enumerated in USML Category VII and not AT applies to entire AT Column 1 f. ‘‘Metal embrittlement agents.’’ elsewhere specified on the USML or in entry. g. through x. [Reserved] 0A606.y. UN applies to entire .. See § 764.1(b) for UN y. Other commodities as follows, and Note 1: Forgings, castings, and other entry, except controls ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and unfinished products, such as extrusions and 0A617.y.. ‘‘attachments’’ ‘‘specially designed’’ machined bodies, that have reached a stage therefore: List Based License Exceptions (See Part 740 in manufacture where they are clearly y.1. Construction equipment ‘‘specially for a Description of All License Exceptions) identifiable by mechanical properties, designed’’ for military use, including such material composition, geometry, or function LVS: $1500 equipment ‘‘specially designed’’ for transport as commodities controlled by ECCN 0A606.x GBS: N/A in aircraft controlled by USML VIII(a) or are controlled by ECCN 0A606.x. Special Conditions for STA ECCN 9A610.a. Note 2: ‘‘Parts,’’ ‘‘components,’’ y.2. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ STA: Paragraph (c)(2) of License Exception ‘‘accessories’’ and ‘‘attachments’’ and ‘‘attachments’’ ‘‘specially designed’’ for STA (§ 740.20(c)(2) of the EAR) may not be enumerated in USML paragraph VII(g) are commodities in paragraph .y.1 of this entry, used for any item in 0A617. subject to the controls of that paragraph. including crew protection kits used as ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ and List of Items Controlled protective cabs. y.3. ISO intermodal containers or ‘‘attachments’’ described in ECCN 0A606.y Related Controls: (1) Defense articles, such as demountable vehicle bodies (i.e., swap are subject to the controls of that paragraph. materials made from classified bodies), n.e.s., ‘‘specially designed’’ or y. Specific ‘‘parts,’’ ‘‘components,’’ information, that are controlled by USML ‘modified’ for shipping or packing defense ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially Category XIII, and technical data articles or items controlled by a ‘‘600 series’’ designed’’ for a commodity enumerated or (including software) directly related ECCN. otherwise described in this ECCN (other than thereto, are subject to the ITAR. (2) See ECCN 0A606.b) or for a defense article in ECCN 0A919 for foreign-made ‘‘military Technical Note: For the purpose of USML Category VII and not elsewhere commodities’’ that incorporate more than a 0A617.y.3, ‘modified’ means any structural, specified on the USML or the CCL, as de minimis amount of U.S.-origin ‘‘600 electrical, mechanical, or other change that follows, and ‘‘parts,’’ ‘‘components,’’ series’’ controlled content. (3) For controls provides a non-military item with military ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially on self-contained diving and underwater capabilities equivalent to an item which is designed’’ therefor: swimming apparatus and related ‘‘specially designed’’ for military use. y.1. Brake discs, rotors, drums, calipers, commodities, see ECCN 8A620.f. (4) For y.4. Field generators ‘‘specially designed’’ cylinders, pads, shoes, lines, hoses, vacuum controls on robots, robot controllers, and for military use. boosters, and parts therefor; robot end-effectors, see USML Category VII y.5. Power controlled searchlights and y.2. Alternators and generators; and ECCNs 0A606 and 2B007. (5) control units therefor, ‘‘specially designed’’ y.3. Axles; ‘‘Libraries,’’ i.e., parametric technical for military use, and ‘‘equipment’’ mounting y.4. Batteries; databases, ‘‘specially designed’’ for such units. y.5. Bearings (e.g., ball, roller, wheel); military use with equipment controlled by ■ y.6. Cables, cable assembles, and the USML or a ‘‘600 series’’ ECCN are 8. In Supplement No. 1 to part 774, connectors; controlled by the technical data and Category 1, ECCN 1A004 is revised to y.7. Cooling system hoses; technology controls pertaining to such read as follow: y.8. Hydraulic, fuel, oil, and air filters, not items. (6) For controls on nuclear power 1A004 Protective and Detection Equipment controlled by ECCN 1A004; generating equipment or propulsion and ‘‘Components,’’ Not ‘‘Specially y.9. Gaskets and o-rings; equipment, including ‘‘nuclear reactors,’’ Designed’’ for Military Use, as Follows y.10. Hydraulic system hoses, fittings, ‘‘specially designed’’ for military use, and (See List of Items Controlled). couplings, adapters, and valves; ‘‘parts’’ and ‘‘components’’ ‘‘specially y.11. Latches and hinges; designed’’ therefor, see USML Categories License Requirements y.12. Lighting systems, fuses, and VI, XIII, XV, and XX. (7) Simulators Reason for Control: NS, CB, RS, AT ‘‘components;’’ ‘‘specially designed’’ for military ‘‘nuclear y.13. Pneumatic hoses, fittings, adapters, reactors’’ are controlled by USML Category Country chart (see couplings, and valves; IX(b). (8) See USML Categories X, XI and Control(s) Supp. No. 1 to y.14. Seats, seat assemblies, seat supports, XII for ‘‘laser’’ protection equipment (e.g., part 738) and harnesses; eye and sensor protection) ‘‘specially y.15 Tires, except run flat; and designed’’ for military use. (9) ‘‘Fuel cells’’ NS applies to entire NS Column 2 y.16 Windows, except those for armored ‘‘specially designed’’ for a defense article entry. vehicles. on the USML or a commodity controlled by CB applies to chem- CB Column 2 ■ 7. In Supplement No. 1 to part 774, a ‘‘600 series’’ ECCN are controlled ical detection sys- Category 0, ECCN 0A617 is revised to according to the corresponding ‘‘600 tems and dedicated series’’ ECCN for such end items. (10) See detectors therefor, read as follow: USML Category XV for controls on fuel in 1A004.c, that 0A617 Miscellaneous ‘‘Equipment,’’ cells ‘‘specially designed’’ for satellite or also have the tech- Materials, and Related Commodities spacecraft. nical characteristic. (See List of Items Controlled). Related Definitions: N/A RS apply to 1A004.d RS Column 2

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56302 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Country chart (see designed or modified for defense against Technical Notes: Control(s) Supp. No. 1 to agents or materials, listed in 1A004.a. 1. 1A004 includes equipment, part 738) Technical Notes: For the purpose of ‘‘components’’ that have been ‘identified,’ 1A004.a: successfully tested to national standards or AT applies to entire AT Column 1 1. Full face masks are also known as gas otherwise proven effective, for the detection entry. masks. of or defense against ‘radioactive materials’ List Based License Exceptions (See Part 740 2. Filter canisters include filter cartridges. ‘biological agents,’ chemical warfare agents, ‘simulants’ or ‘‘riot control agents,’’ even if for a Description of All License Exceptions) a.1. ‘Biological agents’; such equipment or ‘‘components’’ are used in a.2. ‘Radioactive materials;’ LVS: N/A civil industries such as mining, quarrying, a.3. Chemical warfare (CW) agents; or GBS: Yes for 1A004.a, .b, and .c.2. agriculture, pharmaceuticals, medical, a.4. ‘Riot control agents’, as follows: veterinary, environmental, waste a List of Items Controlled a.4.a. -Bromobenzeneacetonitrile, management, or the food industry. Related Controls: (1) See ECCNs 1A995, (Bromobenzyl cyanide) (CA) (CAS 5798–79– 2. ‘Simulant’: A substance or material that 2B351, and 2B352. (2) See ECCN 1D003 for 8); is used in place of toxic agent (chemical or ‘‘software’’ ‘‘specially designed’’ or a.4.b. [(2-chlorophenyl) methylene] biological) in training, research, testing or modified to enable equipment to perform propanedinitrile, evaluation. the functions of equipment controlled (o-Chlorobenzylidenemalononitrile) (CS) 3. For the purposes of 1A004, ‘radioactive under section 1A004.c (Nuclear, biological (CAS 2698–41–1); materials’ are those selected or modified to and chemical (NBC) detection systems). (3) a.4.c. 2-Chloro-1-phenylethanone, increase their effectiveness in producing See ECCN 1E002.g for control libraries Phenylacyl chloride casualties in humans or animals, degrading (parametric technical databases) ‘‘specially (w-chloroacetophenone) (CN) (CAS 532–27– equipment or damaging crops or the designed’’ or modified to enable equipment 4); environment. a.4.d. Dibenz-(b,f)-1,4-oxazephine, (CR) to perform the functions of equipment ■ 9. In Supplement No. 1 to part 774, controlled under 1A004.c (Nuclear, (CAS 257–07–8); a.4.e. 10-Chloro-5, 10- Category 1, ECCN 1A008 is revised to biological and chemical (NBC) detection read as follow: systems). (4) Chemical and biological dihydrophenarsazine, (Phenarsazine protective and detection equipment chloride), (Adamsite), (DM) (CAS 578–94–9); 1A008 Charges, Devices and specifically designed, developed, modified, a.4.f. N-Nonanoylmorpholine, (MPA) (CAS ‘‘Components,’’ as Follows (See List of configured, or adapted for military 5299–64–9); Items Controlled). b. Protective suits, gloves and shoes, applications is ‘‘subject to the ITAR’’ (see License Requirements 22 CFR parts 120 through 130, including ‘‘specially designed’’ or modified for defense USML Category XIV(f)), as is commercial against any of the following: Reason for Control: NS, UN, AT equipment that incorporates ‘‘parts’’ or b.1. ‘Biological agents’; ‘‘components’’ controlled under that b.2. ‘Radioactive materials;’ or Country chart category except for domestic preparedness b.3. Chemical warfare (CW) agents; Control(s) (see Supp. No. 1 to devices for individual protection that c. Detection systems, ‘‘specially designed’’ part 738) integrate ‘‘components’’ and ‘‘parts’’ or modified for detection or identification of NS applies to entire NS Column 2 identified in USML Category XIV(f)(4) any of the following, and ‘‘specially entry. when such ‘‘parts’’ or ‘‘components’’ are: designed’’ ‘‘components’’ therefor: AT applies to entire AT Column 1 (1) Integral to the device; (2) inseparable c.1. ‘Biological agents’; entry. from the device; and (3) incapable of c.2. ‘Radioactive materials;’ or UN applies to entire See § 746.1(b) for UN replacement without compromising the c.3. Chemical warfare (CW) agents; entry. controls effectiveness of the device, in which case d. Electronic equipment designed for automatically detecting or identifying the the equipment is subject to the export List Based License Exceptions (See Part 740 presence of ‘‘explosives’’ (as listed in the licensing jurisdiction of the Department of for a Description of All License Exceptions) Commerce under ECCN 1A004. (5) This annex at the end of Category 1) residues and LVS: $3,000 for .a through .c; $6,000 for .d. entry does not control radionuclides utilizing ‘trace detection’ techniques (e.g., GBS: N/A incorporated in equipment listed in this surface acoustic wave, ion mobility entry—such materials are subject to the spectrometry, differential mobility List of Items Controlled spectrometry, mass spectrometry). licensing jurisdiction of the Nuclear Related Controls: (1) All of the following are Regulatory Commission (See 10 CFR part Technical Note: ‘Trace detection’ is ‘‘subject to the ITAR’’ (see 22 CFR parts 110). defined as the capability to detect less than 120 through 130): Related Definitions: (1) ‘Biological agents’ 1 ppm vapor, or 1 mg solid or liquid. means: Pathogens or toxins, selected or a. High explosives and related equipment Note 1: 1A004.d does not apply to modified (such as altering purity, shelf life, ‘‘specially designed’’ for military use; equipment ‘‘specially designed’’ for virulence, dissemination characteristics, or b. Explosive devices or charges in this laboratory use. resistance to UV radiation) to produce entry that utilize USML controlled energetic casualties in humans or animals, degrade Note 2: 1A004.d does not apply to non- materials (See 22 CFR 121.1 Category V), if equipment or damage crops or the contact walk-through security portals. they have been specifically designed, developed, configured, adapted, or modified environment. (2) ‘Riot control agents’ are Note: 1A004 does not control: substances which, under the expected for a military application; a. Personal radiation monitoring c. Shaped charges that have all of the conditions of use for riot control purposes, dosimeters; produce rapidly in humans sensory following a uniform shaped conical liner b. Occupational health or safety equipment with an included angle of 90 degrees or less, irritation or disabling physical effects limited by design or function to protect which disappear within a short time more than 2.0 kg of controlled materials, and against hazards specific to residential safety a diameter exceeding 4.5 inches; following termination of exposure. (Tear or civil industries, including: gases are a subset of ‘riot control agents.’) d. Detonating cord containing greater than 1. Mining; 0.1 kg per meter (470 grains per foot) of Items: 2. Quarrying; controlled materials; a. Full face masks, filter canisters and 3. Agriculture; e. Cutters and severing tools containing decontamination equipment therefor, 4. Pharmaceutical; greater than 10 kg of controlled materials; designed or modified for defense against any 5. Medical; f. With the exception of cutters and of the following, and ‘‘specially designed’’ 6. Veterinary; severing tools, devices or charges controlled ‘‘components’’ therefor: 7. Environmental; by this entry where the USML controlled Note: 1A004.a includes Powered Air 8. Waste management; materials can be easily extracted without Purifying Respirators (PAPR) that are 9. Food industry. destroying the device or charge; and

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56303

g. Individual USML controlled energetic Special Conditions for STA a. ‘‘Laser’’ marking of polymers; or materials in this entry, even when STA: License Exception STA may not be b. ‘‘Laser’’ welding of polymers. compounded with other materials, when not used to ship any item in this entry to any c. Intrinsically conductive polymeric incorporated into explosive devices or of the destinations listed in Country Group materials with a ‘bulk electrical conductivity’ charges controlled by this entry or 1C992. A:6 (See Supplement No.1 to part 740 of exceeding 10,000 S/m (Siemens per meter) or (2) See also ECCNs 1C011, 1C018, 1C111, the EAR). a ‘sheet (surface) resistivity’ of less than 100 1C239, and 1C608 for additional controlled ohms/square, based on any of the following List of Items Controlled energetic materials. See ECCN 1E001 for the polymers: ‘‘development’’ or ‘‘production’’ Related Controls: See also 1C101 c.1. Polyaniline; ‘‘technology’’ for the commodities controlled Related Definitions: N/A c.2. Polypyrrole; by ECCN 1A008, but not for explosives or Items: c.3. Polythiophene; commodities that are ‘‘subject to the ITAR’’ a. Materials for absorbing frequencies c.4. Poly phenylene-vinylene; or (see 22 CFR parts 120 through 130). exceeding 2 × 108 Hz but less than 3 × 1012 c.5. Poly thienylene-vinylene. Related Definitions: N/A Hz. Note: 1C001.c does not apply to materials Items: Note 1: 1C001.a does not control: in a liquid form. a. Hair type absorbers, constructed of a. ‘Shaped charges’ having all of the Technical Note: ‘Bulk electrical natural or synthetic fibers, with non-magnetic following: loading to provide absorption; conductivity’ and ‘sheet (surface) resistivity’ a.1. Net Explosive Quantity (NEQ) greater b. Absorbers having no magnetic loss and should be determined using ASTM D–257 or than 90 g; and whose incident surface is non-planar in national equivalents. a.2. Outer casing diameter equal to or shape, including pyramids, cones, wedges ■ greater than 75 mm; and convoluted surfaces; 11. In Supplement No. 1 to part 774, b. Linear shaped cutting charges having all c. Planar absorbers, having all of the ‘‘ANNEX to Category 1, List of of the following, and ‘‘specially designed’’ following: Explosives (See ECCNs 1A004 and ‘‘components’’ therefor: 1. Made from any of the following: 1A008)’’ is amended by revising b.1. An explosive load greater than 40 g/ a. Plastic foam materials (flexible or non- paragraph 6 to read as follows: m; and flexible) with carbon-loading, or organic b.2. A width of 10 mm or more; materials, including binders, providing more ANNEX to Category 1, ‘‘List of Explosives c. Detonating cord with explosive core load than 5% echo compared with metal over a (See ECCNs 1A004 and 1A008)’’ greater than 64 g/m; bandwidth exceeding ±15% of the center * * * * * d. Cutters, not specified by 1A008.b, and frequency of the incident energy, and not 6. DADE (1,1-diamino-2,2-dinitroethylene, severing tools, having a NEQ greater than 3.5 capable of withstanding temperatures FOX-7) (CAS 145250–81–3); ° kg. exceeding 450 K (177 C); or * * * * * b. Ceramic materials providing more than Technical Note: ‘Shaped charges’ are 20% echo compared with metal over a ■ explosive charges shaped to focus the effects 12. In Supplement No. 1 to part 774, bandwidth exceeding ±15% of the center of the explosive blast. Category 2, ECCN 2A001 is revised to frequency of the incident energy, and not read as follows: Note: The only charges and devices capable of withstanding temperatures specified in 1A008 are those containing exceeding 800 K (527 °C); 2A001 Anti-Friction Bearings and Bearing ‘‘explosives’’ (see list of explosives in the Systems, as Follows, (See List of Items Technical Note: Absorption test samples Controlled) and ‘‘Components’’ Annex at the end of Category 1) and mixtures for 1C001.a. Note 1.c.1 should be a square at Therefor. thereof. least 5 wavelengths of the center frequency on a side and positioned in the far field of License Requirements ■ 10. In Supplement No. 1 to part 774, the radiating element. Reason for Control: NS, MT, AT Category 1, ECCN 1C001 is revised to 2. Tensile strength less than 7 × 106 N/m2; read as follow: and Country chart × 6 1C001 Materials ‘‘Specially Designed’’ for 3. Compressive strength less than 14 10 Control(s) (see Supp. No. 1 to N/m2; Absorbing Electromagnetic Radiation, or part 738) d. Planar absorbers made of sintered Intrinsically Conductive Polymers, as ferrite, having all of the following: Follows (See List of Items Controlled). NS applies to entire NS Column 2 1. A specific gravity exceeding 4.4; and entry. License Requirements 2. A maximum operating temperature of MT applies to radial MT Column 1 548 K (275 °C); Reason for Control: NS, MT, AT ball bearings hav- e. Planar absorbers having no magnetic ing all tolerances loss and fabricated from ‘open-cell foams’ Country chart specified in accord- plastic material with a density of 0.15 grams/ ance with ISO 492 Control(s) (see Supp. No. 1 to 3 part 738) cm or less. Tolerance Class 2 Technical Note: ‘Open-cell foams’ are (or ANSI/ABMA Std NS applies to entire NS Column 1 flexible and porous materials, having an 20 Tolerance Class entry. inner structure open to the atmosphere. ABEC–9, or other MT applies to entire MT Column 1 ‘Open-cell foams’ are also known as national equiva- entry. reticulated foams. lents) or better and AT applies to entire AT Column 1 having all the fol- Note 2: Nothing in Note 1 releases entry. lowing characteris- magnetic materials to provide absorption tics: an inner ring Reporting Requirements when contained in paint. bore diameter be- See § 743.1 of the EAR for reporting b. Materials not transparent to visible light tween 12 and 50 requirements for exports under License and specially designed for absorbing near- mm; an outer ring Exceptions, and Validated End-User infrared radiation having a wavelength outside diameter authorizations. exceeding 810 nm but less than 2,000 nm between 25 and (frequencies exceeding 150 THz but less than 100 mm; and a List Based License Exceptions (See Part 740 370 THz); width between 10 for a Description of All License Exceptions) Note: 1C001.b does not apply to materials, and 20 mm. LVS: N/A ‘‘specially designed’’ or formulated for any of AT applies to entire AT Column 1 GBS: N/A the following applications: entry.

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56304 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

List Based License Exceptions (See Part 740 List Based License Exceptions (See Part 740 compensations available’’ shall be compared for a Description of All License Exceptions) for a Description of All License Exceptions) to the 1.7 + L/1,000 mm threshold. LVS: $3,000, N/A for MT LVS: $5,000 b. Linear displacement measuring GBS: Yes, for 2A001.a, N/A for MT GBS: N/A instruments or systems, linear position feedback units, and ‘‘electronic assemblies’’, List of Items Controlled List of Items Controlled as follows: Related Controls: (1) See also 2A991. (2) Related Controls: See also 2B993 Note: Interferometer and optical-encoder Quiet running bearings are ‘‘subject to the Related Definitions: N/A measuring systems containing a ‘‘laser’’ are ITAR’’ (see 22 CFR parts 120 through 130.) Items: only specified by 2B006.b.3. Related Definitions: Annular Bearing a. A pitch diameter exceeding 1,250 mm; b.1. ‘Non-contact type measuring systems’ Engineers Committee (ABEC). b. A face width of 15% of pitch diameter with a ‘resolution’ equal to or less (better) Items: or larger; and than 0.2 mm within 0 to 0.2 mm of the Note 1: 2A001.a includes ball bearing and c. A finished quality of AGMA 14 or better ’measuring range’; roller elements ‘‘specially designed’’ for the (equivalent to ISO 1328 class 3). Technical Notes: items specified therein. ■ 14. Supplement No. 1 to part 774, 1. For the purposes of 2B006.b.1, ‘non- Note 2: 2A001 does not control balls with Category 2, ECCN 2B006 is revised to contact type measuring systems’ are designed tolerances specified by the manufacturer in to measure the distance between the probe read as follows: and measured object along a single vector, accordance with ISO 3290:2001 as grade G5 2B006 Dimensional Inspection or where the probe or measured object is in (or national equivalents) or worse. Measuring Systems, Equipment, Position motion. a. Ball bearings and solid roller bearings, Feedback Units and ‘‘Electronic 2. For the purposes of 2B006.b.1, having all tolerances specified by the Assemblies’’, as Follows (See List of ‘measuring range’ means the distance manufacturer in accordance with ISO 492 Items Controlled). between the minimum and maximum Tolerance Class 2 or Class 4 (or national working distance. equivalents), or better, and having both License Requirements b.2. Linear position feedback units ‘rings’ and ‘rolling elements’, made from Reason for Control: NS, NP, AT ‘‘specially designed’’ for machine tools and monel or beryllium; having an overall ‘‘accuracy’’ less (better) × Note: 2A001.a does not control tapered Country chart than (800 + (600 L/1,000)) nm (L equals roller bearings. Control(s) (see Supp. No. 1 to effective length in mm); part 738) b.3. Measuring systems having all of the Technical Notes: following: 1. ‘Ring’—annular part of a radial rolling NS applies to entire NS Column 2 b.3.a. Containing a ‘‘laser’’; bearing incorporating one or more raceways entry. b.3.b. A ‘resolution’ over their full scale of NP applies to those NP Column 1 (ISO 5593:1997). 0.200 nm or less (better); and items in 2B006.a, 2. ‘Rolling element’—ball or roller which b.3.c. Capable of achieving a .b.1, b.3, and .c rolls between raceways (ISO 5593:1997). ‘‘measurement uncertainty’’ equal to or less (angular displace- (better) than (1.6 + L/2,000) nm (L is the b. [Reserved] ment measuring in- c. Active magnetic bearing systems using measured length in mm) at any point within struments) that a measuring range, when compensated for any of the following: meet or exceed the the refractive index of air and measured over c.1. Materials with flux densities of 2.0 T technical param- a period of 30 seconds at a temperature of or greater and yield strengths greater than eters in 2B206. 20±0.01 °C; or 414 MPa; AT applies to entire AT Column 1 c.2. All-electromagnetic 3D homopolar bias Technical Note: For the purposes of entry. 2B006.b, ‘resolution’ is the least increment of designs for actuators; or a measuring device; on digital instruments, c.3. High temperature (450 K (177 °C) and List Based License Exceptions (See Part 740 the least significant bit. above) position sensors. for a Description of All License Exceptions) LVS: N/A b.4. ‘‘Electronic assemblies’’ ‘‘specially ■ 13. In Supplement No. 1 to part 774, GBS: N/A designed’’ to provide feedback capability in Category 2, ECCN 2B003 is revised to systems controlled by 2B006.b.3; read as follows: List of Items Controlled c. Rotary position feedback units ‘‘specially Related Controls: (1) See ECCNs 2D001 and designed’’ for machine tools or angular 2B003 ‘‘Numerically Controlled’’ Machine 2D002 for ‘‘software’’ for items controlled displacement measuring instruments, having Tools, ‘‘Specially Designed’’ for the under this entry. (2) See ECCNs 2E001 an angular position ‘‘accuracy’’ equal to or Shaving, Finishing, Grinding or Honing (‘‘development’’), 2E002 (‘‘production’’), less (better) than 0.9 second of arc; of Hardened (Rc = 40 or More) Spur, and 2E201 (‘‘use’’) for technology for items Note: 2B006.c does not control optical Helical and Double-Helical Gears controlled under this entry. (3) Also see instruments, such as autocollimators, using Having all of the Following. ECCNs 2B206 and 2B996. collimated light (e.g., ‘‘laser’’ light) to detect License Requirements Related Definitions: N/A angular displacement of a mirror. Items: d. Equipment for measuring surface Reason for Control: NS, AT a. Computer controlled or ‘‘numerically roughness (including surface defects), by controlled’’ Coordinate Measuring Machines measuring optical scatter with a sensitivity of Country chart Control(s) (see Supp. No. 1 to (CMM), having a three dimensional length 0.5 nm or less (better). part 738) (volumetric) maximum permissible error of Note: 2B006 includes machine tools, other length measurement (E0,MPE) at any point than those specified by 2B001, that can be NS applies to entire NS Column 2 within the operating range of the machine used as measuring machines, if they meet or entry. (i.e., within the length of axes) equal to or exceed the criteria specified for the AT applies to entire AT Column 1 less (better) than (1.7 + L/1,000) mm (L is the measuring machine function. measured length in mm) according to ISO entry. ■ 10360–2 (2009); 15. In Supplement No. 1 to part 774, Reporting Requirements Category 2, under ‘‘Category 2E— Technical Note: The E0,MPE of the most See § 743.1 of the EAR for reporting accurate configuration of the CMM specified Materials Processing Table; Deposition requirements for exports under License by the manufacturer (e.g., best of the Techniques,’’ the Technical Note to Exceptions, and Validated End-User following: Probe, stylus length, motion Table on Deposition Techniques is authorizations. parameters, environment) and with ‘‘all revised to read as follows:

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56305

Category 2—Materials Processing creating a highly ionized plasma. The anode Note 2: Low-energy ion beams (less than 5 * * * * * can be either a cone attached to the keV) can be used to activate the deposition. periphery of the cathode, through an g. Ion Implantation is a surface Category 2E—Materials Processing Table; insulator, or the chamber. Substrate biasing modification coating process in which the Deposition Techniques is used for non line-of-sight deposition; element to be alloyed is ionized, accelerated * * * * * Note: This definition does not include through a potential gradient and implanted Technical Note to Table on Deposition random cathodic arc deposition with non- into the surface region of the substrate. This biased substrates. Techniques: Processes specified in Column 1 includes processes in which ion implantation of the Table are defined as follows: 5. Ion Plating is a special modification of is performed simultaneously with electron a. Chemical Vapor Deposition (CVD) is an a general TE–PVD process in which a plasma beam physical vapor deposition or sputter overlay coating or surface modification or an ion source is used to ionize the species deposition. coating process wherein a metal, alloy, to be deposited, and a negative bias is ‘‘composite’’, dielectric or ceramic is applied to the substrate in order to facilitate ■ 16. In Supplement No. 1 to part 774, deposited upon a heated substrate. Gaseous the extraction of the species from the plasma. reactants are decomposed or combined in the The introduction of reactive species, the introductory text for Category 3 is vicinity of a substrate resulting in the evaporation of solids within the process revised to read as follows: deposition of the desired elemental, alloy or chamber, and the use of monitors to provide Category 3—Electronics compound material on the substrate. Energy in-process measurement of optical for this decomposition or chemical reaction characteristics and thicknesses of coatings A. ‘‘End Items,’’ ‘‘Equipment,’’ process may be provided by the heat of the are ordinary modifications of the process. ‘‘Accessories,’’ ‘‘Attachments,’’ ‘‘Parts,’’ substrate, a glow discharge plasma, or c. Pack Cementation is a surface ‘‘Components,’’ and ‘‘Systems’’ ‘‘laser’’ irradiation. modification coating or overlay coating Note 1: CVD includes the following process wherein a substrate is immersed in Note 1: The control status of equipment processes: Directed gas flow out-of-pack a powder mixture (a pack), that consists of: and ‘‘components’’ described in 3A001 or deposition, pulsating CVD, controlled 1. The metallic powders that are to be 3A002, other than those described in nucleation thermal decomposition (CNTD), deposited (usually aluminum, chromium, 3A001.a.3 to 3A001.a.10, or 3A001.a.12 to plasma enhanced or plasma assisted CVD silicon or combinations thereof); 3A001.a.14, which are ‘‘specially designed’’ processes. 2. An activator (normally a halide salt); for or which have the same functional Note 2: Pack denotes a substrate immersed and characteristics as other equipment is in a powder mixture. 3. An inert powder, most frequently determined by the control status of the other alumina. equipment. Note 3: The gaseous reactants used in the Note: The substrate and powder mixture is out-of-pack process are produced using the contained within a retort which is heated to Note 2: The control status of integrated same basic reactions and parameters as the between 1,030 K (757 °C) to 1,375 K (1,102 circuits described in 3A001.a.3 to 3A001.a.9, pack cementation process, except that the °C) for sufficient time to deposit the coating. or 3A001.a.12 to 3A001.a.14 that are substrate to be coated is not in contact with unalterably programmed or designed for a the powder mixture. d. Plasma Spraying is an overlay coating process wherein a gun (spray torch) which specific function for other equipment is b. Thermal Evaporation-Physical Vapor produces and controls a plasma accepts determined by the control status of the other Deposition (TE–PVD) is an overlay coating powder or wire coating materials, melts them equipment. process conducted in a vacuum with a and propels them towards a substrate, N.B.: When the manufacturer or applicant pressure less than 0.1 Pa wherein a source of whereon an integrally bonded coating is cannot determine the control status of the thermal energy is used to vaporize the formed. Plasma spraying constitutes either coating material. This process results in the other equipment, the control status of the condensation, or deposition, of the low pressure plasma spraying or high integrated circuits is determined in evaporated species onto appropriately velocity plasma spraying. 3A001.a.3 to 3A001.a.9, or 3A001.a.12 to positioned substrates. The addition of gases Note 1: Low pressure means less than 3A001.a.14. ambient atmospheric pressure. to the vacuum chamber during the coating Note 3: The status of wafers (finished or process to synthesize compound coatings is Note 2: High velocity refers to nozzle-exit unfinished), in which the function has been an ordinary modification of the process. The gas velocity exceeding 750 m/s calculated at determined, is to be evaluated against the use of ion or electron beams, or plasma, to 293 K (20 °C) at 0.1 MPa. activate or assist the coating’s deposition is parameters of 3A001.a, 3A001.b, 3A001.d, e. Slurry Deposition is a surface also a common modification in this 3A001.e.4, 3A001.g, 3A001.h, or 3A001.i. modification coating or overlay coating technique. The use of monitors to provide in- process wherein a metallic or ceramic * * * * * process measurement of optical powder with an organic binder is suspended characteristics and thickness of coatings can ■ 17. In Supplement No. 1 to part 774, be a feature of these processes. Specific TE– in a liquid and is applied to a substrate by either spraying, dipping or painting, Category 3, ECCN 3A001 is revised to PVD processes are as follows: read as follows: 1. Electron Beam PVD uses an electron subsequent air or oven drying, and heat beam to heat and evaporate the material treatment to obtain the desired coating. 3A001 Electronic Items as Follows (See List which forms the coating; f. Sputter Deposition is an overlay coating of Items Controlled). process based on a momentum transfer 2. Ion Assisted Resistive Heating PVD Reason for Control: NS, RS, MT, NP, AT employs electrically resistive heating sources phenomenon, wherein positive ions are in combination with impinging ion beam(s) accelerated by an electric field towards the to produce a controlled and uniform flux of surface of a target (coating material). The evaporated coating species; kinetic energy of the impacting ions is 3. ‘‘Laser’’ Vaporization uses either pulsed sufficient to cause target surface atoms to be or continuous wave ‘‘laser’’ beams to released and deposited on an appropriately vaporize the material which forms the positioned substrate. coating; Note 1: The Table refers only to triode, 4. Cathodic Arc Deposition employs a magnetron or reactive sputter deposition consumable cathode of the material which which is used to increase adhesion of the forms the coating and has an arc discharge coating and rate of deposition and to radio established on the surface by a momentary frequency (RF) augmented sputter deposition contact of a ground trigger. Controlled used to permit vaporization of non-metallic motion of arcing erodes the cathode surface coating materials.

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56306 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Country chart incorporating ‘‘information security’’ a.1. Integrated circuits designed or rated as Control(s) (see Supp. No. 1 to functionality, and associated ‘‘software’’ and radiation hardened to withstand any of the part 738) ‘‘technology’’ for the ‘‘production’’ or following: ‘‘development’’ of such microprocessors. a.1.a. A total dose of 5 × 103 Gy (Si), or NS applies to ‘‘Mon- NS Column 1 higher; olithic Microwave List Based License Exceptions (See Part 740 a.1.b. A dose rate upset of 5 × 106 Gy (Si)/ Integrated Circuit’’ for a Description of All License Exceptions) s, or higher; or (‘‘MMIC’’) amplifiers LVS: N/A for MT or NP; N/A for ‘‘Monolithic a.1.c. A fluence (integrated flux) of in 3A001.b.2 and Microwave Integrated Circuit’’ (‘‘MMIC’’) neutrons (1 MeV equivalent) of 5 × 1013 n/ discrete microwave amplifiers in 3A001.b.2 and discrete cm2 or higher on silicon, or its equivalent for transistors in microwave transistors in 3A001.b.3, except other materials; 3A001.b.3, except those that are being exported or reexported Note: 3A001.a.1.c does not apply to Metal those 3A001.b.2 for use in civil telecommunications Insulator Semiconductors (MIS). and b.3 items applications. being exported or a.2. ‘‘Microprocessor microcircuits,’’ reexported for use Yes for: ‘‘microcomputer microcircuits,’’ in civil tele- $1,500: 3A001.c. microcontroller microcircuits, storage communications $3,000: 3A001.b.1, b.2 (exported or integrated circuits manufactured from a applications. reexported for use in civil compound semiconductor, analog-to-digital NS applies to entire NS Column 2 telecommunications applications), b.3 converters, integrated circuits that contain entry. (exported or reexported for use in civil analog-to-digital converters and store or RS applies ‘‘Mono- RS Column 1 telecommunications applications), b.9, .d, .e, process the digitized data, digital-to-analog lithic Microwave In- .f, and .g. converters, electro-optical or ‘‘optical tegrated Circuit’’ $5,000: 3A001.a (except a.1.a and a.5.a integrated circuits’’ designed for ‘‘signal (‘‘MMIC’’) amplifiers when controlled for MT), .b.4 to b.7, and processing,’’ field programmable logic in 3A001.b.2 and b.12. devices, custom integrated circuits for which discrete microwave GBS: Yes for 3A001.a.1.b, a.2 to a.14 (except either the function is unknown or the control transistors in .a.5.a when controlled for MT), b.2 status of the equipment in which the 3A001.b.3, except (exported or reexported for use in civil integrated circuit will be used in unknown, those 3A001.b.2 telecommunications applications), b.8 Fast Fourier Transform (FFT) processors, and b.3 items (except for ‘‘vacuum electronic devices’’ Electrical Erasable Programmable Read-Only being exported or exceeding 18 GHz), b.9., b.10, .g, and .h. Memories (EEPROMs), flash memories, Static reexported for use Random-Access Memories (SRAMs), or in civil tele- Special Conditions for STA Magnetic Random Access Memories communications STA: License Exception STA may not be (MRAMs), having any of the following: applications. used to ship any item in 3A001.b.2 or b.3, a.2.a. Rated for operation at an ambient MT applies to MT Column 1 except those that are being exported or temperature above 398 K (+125 °C); 3A001.a.1.a when reexported for use in civil a.2.b. Rated for operation at an ambient usable in ‘‘mis- telecommunications applications, to any of temperature below 218 K (¥55 °C); or siles’’; and to the destinations listed in Country Group a.2.c. Rated for operation over the entire 3A001.a.5.a when A:5 or A:6 (See Supplement No.1 to part ambient temperature range from 218 K (¥55 ‘‘designed or modi- 740 of the EAR). °C) to 398 K (125 °C); fied’’ for military Note: 3A001.a.2 does not apply to List of Items Controlled use, hermetically integrated circuits designed for civil sealed and rated Related Controls: (1) See Category XV of the automobile or railway train applications. for operation in the USML for certain ‘‘space-qualified’’ a.3. ‘‘Microprocessor microcircuits’’, temperature range electronics and Category XI of the USML ‘‘microcomputer microcircuits’’ and from below¥54 °C for certain ASICs, ‘transmit/receive ° microcontroller microcircuits, manufactured to above +125 C. modules,’ or ‘transmit modules’ ‘‘subject to from a compound semiconductor and NP applies to pulse NP Column 1 the ITAR’’ (see 22 CFR parts 120 through operating at a clock frequency exceeding 40 discharge capaci- 130). (2) See also 3A101, 3A201, 3A611, MHz; tors in in 3A001.e.2 3A991, and 9A515. Note: 3A001.a.3 includes digital signal and super- Related Definitions: ‘Microcircuit’ means a processors, digital array processors and conducting sole- device in which a number of passive or digital coprocessors. noidal active elements are considered as electromagnets in indivisibly associated on or within a a.4. [Reserved] 3A001.e.3 that continuous structure to perform the a.5. Analog-to-Digital Converter (ADC) and meet or exceed the function of a circuit. For the purposes of Digital-to-Analog Converter (DAC) integrated technical param- integrated circuits in 3A001.a.1, 5 × 103 circuits, as follows: eters in 3A201.a Gy(Si) = 5 × 105 Rads (Si); 5 × 106 Gy (Si)/ a.5.a. ADCs having any of the following: and 3A201.b, re- s = 5 × 108 Rads (Si)/s. a.5.a.1. A resolution of 8 bit or more, but spectively. Items: less than 10 bit, with an output rate greater AT applies to entire AT Column 1 than 1.3 Giga Samples Per Second (GSPS); a. General purpose integrated circuits, as entry. a.5.a.2. A resolution of 10 bit or more, but follows: less than 12 bit, with an output rate greater Reporting Requirements: See § 743.1 of the Note 1: Integrated circuits include the than 600 Mega Samples Per Second (MSPS); EAR for reporting requirements for exports following types: a.5.a.3. A resolution of 12 bit or more, but under 3A001.b.2 or b.3 under License —Monolithic integrated circuits; less than 14 bit, with an output rate greater Exceptions, and Validated End-User —Hybrid integrated circuits; than 400 Mega Samples Per Second (MSPS); authorizations. —Multichip integrated circuits; a.5.a.4. A resolution of 14 bit or more, but License Requirements Note: See § 744.17 —Film type integrated circuits, including less than 16 bit, with an output rate greater of the EAR for additional license silicon-on-sapphire integrated circuits; than 250 Mega Samples Per Second (MSPS); requirements for microprocessors having a —Optical integrated circuits; or processing speed of 5 GFLOPS or more and —‘‘Three dimensional integrated circuits’’; a.5.a.5. A resolution of 16 bit or more with an arithmetic logic unit with an access width —‘‘Monolithic Microwave Integrated an output rate greater than 65 Mega Samples of 32 bit or more, including those Circuits’’ (‘‘MMICs’’). Per Second (MSPS);

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56307

N.B.: For integrated circuits that contain at which the digital signal is converted to an and 3A001.a.12, based upon any compound analog-to-digital converters and store or analog signal and the output analog values semiconductor and having any of the process the digitized data see 3A001.a.14. are changed by the DAC. For DACs where the following: Technical Notes: interpolation mode may be bypassed a.11.a. An equivalent gate count of more (interpolation factor of one), the DAC should 1. A resolution of n bit corresponds to a than 3,000 (2 input gates); or be considered as a conventional (non- quantization of 2n levels. a.11.b. A toggle frequency exceeding 1.2 interpolating) DAC. 2. The number of bits in the output word GHz; b. For interpolating DACs (oversampling is equal to the resolution of the ADC. a.12. Fast Fourier Transform (FFT) DACs), the ‘adjusted update rate’ is defined 3. The output rate is the maximum output processors having a rated execution time for as the DAC update rate divided by the rate of the converter, regardless of an N-point complex FFT of less than (N log2 smallest interpolating factor. For architecture or oversampling. N)/20,480 ms, where N is the number of interpolating DACs, the ‘adjusted update 4. For ‘multiple channel ADCs’, the outputs points; rate’ may be referred to by different terms are not aggregated and the output rate is the including: Technical Note: When N is equal to 1,024 maximum output rate of any single channel. • points, the formula in 3A001.a.12 gives an 5. For ‘interleaved ADCs’ or for ‘multiple Input data rate • execution time of 500 ms. channel ADCs’ that are specified to have an input word rate • a.13. Direct Digital Synthesizer (DDS) interleaved mode of operation, the outputs input sample rate • integrated circuits having any of the are aggregated and the output rate is the maximum total input bus rate • following: maximum combined total output rate of all maximum DAC clock rate for DAC clock a.13.a. A Digital-to-Analog Converter of the outputs. input (DAC) clock frequency of 3.5 GHz or more 6. Vendors may also refer to the output rate a.6. Electro-optical and ‘‘optical integrated and a DAC resolution of 10 bit or more, but as sampling rate, conversion rate or circuits’’, designed for ‘‘signal processing’’ less than 12 bit; or throughput rate. It is often specified in and having all of the following: megahertz (MHz) mega words per second or a.6.a. One or more than one internal a.13.b. A DAC clock frequency of 1.25 GHz Mega Samples Per Second (MSPS). ‘‘laser’’ diode; or more and a DAC resolution of 12 bit or 7. For the purpose of measuring output a.6.b. One or more than one internal light more; rate, one sample per second is equivalent to detecting element; and Technical Note: The DAC clock frequency one Hertz or one output word per second. a.6.c. Optical waveguides; may be specified as the master clock 8. ‘Multiple channel ADCs’ are defined as a.7. ‘Field programmable logic devices’ frequency or the input clock frequency. devices which integrate more than one ADC, having any of the following: a.14. Integrated circuits that perform all of designed so that each ADC has a separate a.7.a. A maximum number of single-ended the following: analog input. digital input/outputs of greater than 700; or a.14.a. Analog-to-digital conversions 9. ‘Interleaved ADCs’ are defined as a.7.b. An ‘aggregate one-way peak serial meeting any of the following: devices which have multiple ADC units that transceiver data rate’ of 500 Gb/s or greater; a.14.a.1. A resolution of 8 bit or more, but sample the same analog input at different Note: 3A001.a.7 includes: less than 10 bit, with an input sample rate times such that when the outputs are —Simple Programmable Logic Devices greater than 1.3 Giga Samples Per Second aggregated, the analog input has been (SPLDs); (GSPS); effectively sampled and converted at a higher —Complex Programmable Logic Devices a.14.a.2. A resolution of 10 bit or more, but sampling rate. (CPLDs); less than 12 bit, with an input sample rate a.5.b. Digital-to-Analog Converters (DAC) —Field Programmable Gate Arrays greater than 1.0 Giga Samples Per Second having any of the following: (FPGAs); (GSPS); a.5.b.1. A resolution of 10-bit or more but —Field Programmable Logic Arrays a.14.a.3. A resolution of 12 bit or more, but less than 12-bit,with an ‘adjusted update rate’ (FPLAs); less than 14 bit, with an input sample rate of exceeding 3,500 MSPS; or —Field Programmable Interconnects greater than 1.0 Giga Samples Per Second a.5.b.2. A resolution of 12-bit or more and (FPICs). (GSPS); having any of the following: N.B.: For integrated circuits having field a.14.a.4. A resolution of 14 bit or more, but a.5.b.2.a. An ‘adjusted update rate’ programmable logic devices that are less than 16 bit, with an input sample rate exceeding 1,250 MSPS but not exceeding combined with an analog-to-digital converter, greater than 400 Mega Samples Per Second 3,500 MSPS, and having any of the following: see 3A001.a.14. (MSPS); or a.5.b.2.a.1. A settling time less than 9 ns to Technical Notes: a.14.a.5. A resolution of 16 bit or more 0.024% of full scale from a full scale step; or with an input sample rate greater than 180 a.5.b.2.a.2. A ‘Spurious Free Dynamic 1. Maximum number of digital input/ outputs in 3A001.a.7.a is also referred to as Mega Samples Per Second (MSPS); and Range’ (SFDR) greater than 68 dBc (carrier) a.14.b. Any of the following: when synthesizing a full scale analog signal maximum user input/outputs or maximum available input/outputs, whether the a.14.b.1. Storage of digitized data; or of 100 MHz or the highest full scale analog a.14.b.2. Processing of digitized data; signal frequency specified below 100 MHz; or integrated circuit is packaged or bare die. 2. ‘Aggregate one-way peak serial N.B. 1: For analog-to-digital converter a.5.b.2.b. An ‘adjusted update rate’ integrated circuits see 3A001.a.5.a. exceeding 3,500 MSPS; transceiver data rate’ is the product of the peak serial one-way transceiver data rate N.B. 2: For field programmable logic Technical Notes: times the number of transceivers on the devices see 3A001.a.7. 1. ‘Spurious Free Dynamic Range’ (SFDR) FPGA. b. Microwave or millimeter wave items, as is defined as the ratio of the RMS value of a.8. [Reserved] follows: the carrier frequency (maximum signal a.9. Neural network integrated circuits; Technical Note: For purposes of 3A001.b, component) at the input of the DAC to the a.10. Custom integrated circuits for which the parameter peak saturated power output RMS value of the next largest noise or the function is unknown, or the control may also be referred to on product data harmonic distortion component at its output. status of the equipment in which the sheets as output power, saturated power 2. SFDR is determined directly from the integrated circuits will be used is unknown output, maximum power output, peak power specification table or from the to the manufacturer, having any of the output, or peak envelope power output. characterization plots of SFDR versus following: b.1. ‘‘Vacuum electronic devices’’ and frequency. a.10.a. More than 1,500 terminals; cathodes, as follows: 3. A signal is defined to be full scale when a.10.b. A typical ‘‘basic gate propagation its amplitude is greater than ¥3 dBfs (full delay time’’ of less than 0.02 ns; or Note 1: 3A001.b.1 does not control scale). a.10.c. An operating frequency exceeding 3 ‘‘vacuum electronic devices’’ designed or 4. ‘Adjusted update rate’ for DACs is: GHz; rated for operation in any frequency band a. For conventional (non-interpolating) a.11. Digital integrated circuits, other than and having all of the following: DACs, the ‘adjusted update rate’ is the rate those described in 3A001.a.3 to 3A001.a.10 a. Does not exceed 31.8 GHz; and

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56308 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

b. Is ‘‘allocated by the ITU’’ for radio- b.2.a.1. A peak saturated power output b.3.a. Rated for operation at frequencies communications services, but not for radio- greater than 75 W (48.75 dBm) at any exceeding 2.7 GHz up to and including 6.8 determination. frequency exceeding 2.7 GHz up to and GHz and having any of the following: Note 2: 3A001.b.1 does not control non- including 2.9 GHz; b.3.a.1. A peak saturated power output ‘‘space-qualified’’ ‘‘vacuum electronic b.2.a.2. A peak saturated power output greater than 400 W (56 dBm) at any devices’’ having all the following: greater than 55 W (47.4 dBm) at any frequency exceeding 2.7 GHz up to and a. An average output power equal to or less frequency exceeding 2.9 GHz up to and including 2.9 GHz; than 50 W; and including 3.2 GHz; b.3.a.2. A peak saturated power output b. Designed or rated for operation in any b.2.a.3. A peak saturated power output greater than 205 W (53.12 dBm) at any frequency band and having all of the greater than 40 W (46 dBm) at any frequency frequency exceeding 2.9 GHz up to and following: exceeding 3.2 GHz up to and including 3.7 including 3.2 GHz; 1. Exceeds 31.8 GHz but does not exceed GHz; or b.3.a.3. A peak saturated power output 43.5 GHz; and b.2.a.4. A peak saturated power output greater than 115 W (50.61 dBm) at any 2. Is ‘‘allocated by the ITU’’ for radio- greater than 20 W (43 dBm) at any frequency frequency exceeding 3.2 GHz up to and communications services, but not for radio- exceeding 3.7 GHz up to and including 6.8 including 3.7 GHz; or determination. GHz; b.3.a.4. A peak saturated power output greater than 60 W (47.78 dBm) at any b.1.a. Traveling-wave ‘‘vacuum electronic b.2.b. Rated for operation at frequencies frequency exceeding 3.7 GHz up to and devices,’’ pulsed or continuous wave, as exceeding 6.8 GHz up to and including 16 including 6.8 GHz; follows: GHz with a ‘‘fractional bandwidth’’ greater b.3.b. Rated for operation at frequencies b.1.a.1. Devices operating at frequencies than 10%, and having any of the following: exceeding 6.8 GHz up to and including 31.8 exceeding 31.8 GHz; b.2.b.1. A peak saturated power output GHz and having any of the following: b.1.a.2. Devices having a cathode heater greater than 10 W (40 dBm) at any frequency b.3.b.1. A peak saturated power output with a turn on time to rated RF power of less exceeding 6.8 GHz up to and including 8.5 greater than 50 W (47 dBm) at any frequency than 3 seconds; GHz; or exceeding 6.8 GHz up to and including 8.5 b.1.a.3. Coupled cavity devices, or b.2.b.2. A peak saturated power output GHz; derivatives thereof, with a ‘‘fractional greater than 5 W (37 dBm) at any frequency b.3.b.2. A peak saturated power output bandwidth’’ of more than 7% or a peak exceeding 8.5 GHz up to and including 16 greater than 15 W (41.76 dBm) at any power exceeding 2.5 kW; GHz; frequency exceeding 8.5 GHz up to and b.1.a.4. Devices based on helix, folded b.2.c. Rated for operation with a peak including 12 GHz; waveguide, or serpentine waveguide circuits, saturated power output greater than 3 W b.3.b.3. A peak saturated power output or derivatives thereof, having any of the (34.77 dBm) at any frequency exceeding 16 greater than 40 W (46 dBm) at any frequency following: GHz up to and including 31.8 GHz, and with exceeding 12 GHz up to and including 16 b.1.a.4.a. An ‘‘instantaneous bandwidth’’ of a ‘‘fractional bandwidth’’ of greater than GHz; or more than one octave, and average power 10%; b.3.b.4. A peak saturated power output (expressed in kW) times frequency b.2.d. Rated for operation with a peak greater than 7 W (38.45 dBm) at any (expressed in GHz) of more than 0.5; saturated power output greater than 0.1 nW frequency exceeding 16 GHz up to and b.1.a.4.b. An ‘‘instantaneous bandwidth’’ of (¥70 dBm) at any frequency exceeding 31.8 including 31.8 GHz; one octave or less, and average power GHz up to and including 37 GHz; b.3.c. Rated for operation with a peak (expressed in kW) times frequency b.2.e. Rated for operation with a peak saturated power output greater than 0.5 W (expressed in GHz) of more than 1; saturated power output greater than 1 W (30 (27 dBm) at any frequency exceeding 31.8 b.1.a.4.c. Being ‘‘space-qualified’’; or dBm) at any frequency exceeding 37 GHz up GHz up to and including 37 GHz; b.1.a.4.d. Having a gridded electron gun; to and including 43.5 GHz, and with a b.3.d. Rated for operation with a peak b.1.a.5. Devices with a ‘‘fractional ‘‘fractional bandwidth’’ of greater than 10%; saturated power output greater than 1 W (30 bandwidth’’ greater than or equal to 10%, b.2.f. Rated for operation with a peak dBm) at any frequency exceeding 37 GHz up with any of the following: saturated power output greater than 31.62 to and including 43.5 GHz; b.1.a.5.a. An annular electron beam; mW (15 dBm) at any frequency exceeding b.3.e. Rated for operation with a peak b.1.a.5.b. A non-axisymmetric electron 43.5 GHz up to and including 75 GHz, and saturated power output greater than 0.1 nW beam; or with a ‘‘fractional bandwidth’’ of greater than (¥70 dBm) at any frequency exceeding 43.5 b.1.a.5.c. Multiple electron beams; 10%; GHz; or b.1.b. Crossed-field amplifier ‘‘vacuum b.2.g. Rated for operation with a peak b.3.f. Other than those specified by electronic devices’’ with a gain of more than saturated power output greater than 10 mW 3A001.b.3.a to 3A001.b.3.e and rated for 17 dB; (10 dBm) at any frequency exceeding 75 GHz operation with a peak saturated power output b.1.c. Thermionic cathodes, designed for up to and including 90 GHz, and with a greater than 5 W (37.0 dBm) at all frequencies ‘‘vacuum electronic devices,’’ producing an ‘‘fractional bandwidth’’ of greater than 5%; or exceeding 8.5 GHz up to and including 31.8 emission current density at rated operating b.2.h. Rated for operation with a peak GHz; conditions exceeding 5 A/cm2 or a pulsed saturated power output greater than 0.1 nW (non-continuous) current density at rated (¥70 dBm) at any frequency exceeding 90 Note 1: The control status of a transistor operating conditions exceeding 10 A/cm2; GHz; in 3A001.b.3.a through 3A001.b.3.e, whose b.1.d. ‘‘Vacuum electronic devices’’ with Note 1: [Reserved] rated operating frequency includes the capability to operate in a ‘dual mode.’ frequencies listed in more than one frequency Note 2: The control status of the ‘‘MMIC’’ range, as defined by 3A001.b.3.a through Technical Note: ‘Dual mode’ means the whose rated operating frequency includes 3A001.b.3.e, is determined by the lowest ‘‘vacuum electronic device’’ beam current frequencies listed in more than one frequency peak saturated power output control can be intentionally changed between range, as defined by 3A001.b.2.a through threshold. continuous-wave and pulsed mode operation 3A001.b.2.h, is determined by the lowest Note 2: 3A001.b.3 includes bare dice, dice by use of a grid and produces a peak pulse peak saturated power output control mounted on carriers, or dice mounted in output power greater than the continuous- threshold. wave output power. packages. Some discrete transistors may also b.2. ‘‘Monolithic Microwave Integrated Note 3: Notes 1 and 2 following the be referred to as power amplifiers, but the Circuit’’ (‘‘MMIC’’) amplifiers that are any of Category 3 heading for product group A. status of these discrete transistors is the following: Systems, Equipment, and Components mean determined by 3A001.b.3. N.B.: For ‘‘MMIC’’ amplifiers that have an that 3A001.b.2 does not control ‘‘MMICs’’ if b.4. Microwave solid state amplifiers and integrated phase shifter see 3A001.b.12. they are ‘‘specially designed’’ for other microwave assemblies/modules containing b.2.a. Rated for operation at frequencies applications, e.g., telecommunications, microwave solid state amplifiers, that are any exceeding 2.7 GHz up to and including 6.8 radar, automobiles. of the following: GHz with a ‘‘fractional bandwidth’’ greater b.3. Discrete microwave transistors that are b.4.a. Rated for operation at frequencies than 15%, and having any of the following: any of the following: exceeding 2.7 GHz up to and including 6.8

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56309

GHz with a ‘‘fractional bandwidth’’ greater b.5. Electronically or magnetically tunable b.10. Oscillators or oscillator assemblies, than 15%, and having any of the following: band-pass or band-stop filters, having more specified to operate with a single sideband b.4.a.1. A peak saturated power output than 5 tunable resonators capable of tuning (SSB) phase noise, in dBc/Hz, less (better) greater than 500 W (57 dBm) at any across a 1.5:1 frequency band (fmax/fmin) in than -(126 + 20log10F¥20log10f) anywhere frequency exceeding 2.7 GHz up to and less than 10 ms and having any of the within the range of 10 Hz ≤ F ≤ 10 kHz; including 2.9 GHz; following: Technical Note: In 3A001.b.10, F is the b.4.a.2. A peak saturated power output b.5.a. A band-pass bandwidth of more than offset from the operating frequency in Hz and greater than 270 W (54.3 dBm) at any 0.5% of center frequency; or f is the operating frequency in MHz. frequency exceeding 2.9 GHz up to and b.5.b. A band-stop bandwidth of less than b.11. ‘‘Frequency synthesizer’’ ‘‘electronic including 3.2 GHz; 0.5% of center frequency; assemblies’’ having a ‘‘frequency switching b.4.a.3. A peak saturated power output b.6. [Reserved] time’’ as specified by any of the following: greater than 200 W (53 dBm) at any b.7. Converters and harmonic mixers, that b.11.a. Less than 143 ps; frequency exceeding 3.2 GHz up to and are any of the following: b.11.b. Less than 100 ms for any frequency including 3.7 GHz; or b.7.a. Designed to extend the frequency change exceeding 2.2 GHz within the b.4.a.4. A peak saturated power output range of ‘‘signal analyzers’’ beyond 90 GHz; greater than 90 W (49.54 dBm) at any b.7.b. Designed to extend the operating synthesized frequency range exceeding 4.8 frequency exceeding 3.7 GHz up to and range of signal generators as follows: GHz but not exceeding 31.8 GHz; including 6.8 GHz; b.7.b.1. Beyond 90 GHz; b.11.c. [Reserved] b.4.b. Rated for operation at frequencies b.7.b.2. To an output power greater than b.11.d. Less than 500 ms for any frequency exceeding 6.8 GHz up to and including 31.8 100 mW (20 dBm) anywhere within the change exceeding 550 MHz within the GHz with a ‘‘fractional bandwidth’’ greater frequency range exceeding 43.5 GHz but not synthesized frequency range exceeding 31.8 than 10%, and having any of the following: exceeding 90 GHz; GHz but not exceeding 37 GHz; or b.4.b.1. A peak saturated power output b.7.c. Designed to extend the operating b.11.e. Less than 100 ms for any frequency greater than 70 W (48.54 dBm) at any range of network analyzers as follows: change exceeding 2.2 GHz within the frequency exceeding 6.8 GHz up to and b.7.c.1. Beyond 110 GHz; synthesized frequency range exceeding 37 including 8.5 GHz; b.7.c.2. To an output power greater than GHz but not exceeding 90 GHz; or b.4.b.2. A peak saturated power output 31.62 mW (15 dBm) anywhere within the b.11.f. [Reserved] greater than 50 W (47 dBm) at any frequency frequency range exceeding 43.5 GHz but not b.11.g. Less than 1 ms within the exceeding 8.5 GHz up to and including 12 exceeding 90 GHz; synthesized frequency range exceeding 90 GHz; b.7.c.3. To an output power greater than 1 GHz; b.4.b.3. A peak saturated power output mW (0 dBm) anywhere within the frequency N.B.: For general purpose ‘‘signal greater than 30 W (44.77 dBm) at any range exceeding 90 GHz but not exceeding analyzers’’, signal generators, network frequency exceeding 12 GHz up to and 110 GHz; or analyzers and microwave test receivers, see including 16 GHz; or b.7.d. Designed to extend the frequency 3A002.c, 3A002.d, 3A002.e and 3A002.f, b.4.b.4. A peak saturated power output range of microwave test receivers beyond 110 respectively. greater than 20 W (43 dBm) at any frequency GHz; b.12. ‘Transmit/receive modules,’ exceeding 16 GHz up to and including 31.8 b.8. Microwave power amplifiers ‘transmit/receive MMICs,’ ‘transmit GHz; containing ‘‘vacuum electronic devices’’ modules,’ and ‘transmit MMICs,’ rated for b.4.c. Rated for operation with a peak controlled by 3A001.b.1 and having all of the operation at frequencies above 2.7 GHz and saturated power output greater than 0.5 W following: having all of the following: (27 dBm) at any frequency exceeding 31.8 b.8.a. Operating frequencies above 3 GHz; b.12.a. A peak saturated power output (in GHz up to and including 37 GHz; b.8.b. An average output power to mass watts), Psat, greater than 505.62 divided by b.4.d. Rated for operation with a peak ratio exceeding 80 W/kg; and the maximum operating frequency (in GHz) 3 2 2 saturated power output greater than 2 W (33 b.8.c. A volume of less than 400 cm ; squared [Psat>505.62 W*GHz /fGHz ] for any dBm) at any frequency exceeding 37 GHz up Note: 3A001.b.8 does not control channel; to and including 43.5 GHz, and with a equipment designed or rated for operation in b.12.b. A ‘‘fractional bandwidth’’ of 5% or ‘‘fractional bandwidth’’ of greater than 10%; any frequency band which is ‘‘allocated by greater for any channel; b.4.e. Rated for operation at frequencies the ITU’’ for radio-communications services, b.12.c. Any planar side with length d (in exceeding 43.5 GHz and having any of the but not for radio-determination. cm) equal to or less than 15 divided by the ≤ following: b.9. Microwave Power Modules (MPM) lowest operating frequency in GHz [d b.4.e.1. A peak saturated power output consisting of, at least, a traveling-wave 15cm*GHz*N/fGHz] where N is the number of greater than 0.2 W (23 dBm) at any frequency ‘‘vacuum electronic device,’’ a ‘‘Monolithic transmit or transmit/receive channels; and exceeding 43.5 GHz up to and including 75 Microwave Integrated Circuit’’ (‘‘MMIC’’) and b.12.d. An electronically variable phase GHz, and with a ‘‘fractional bandwidth’’ of an integrated electronic power conditioner shifter per channel. greater than 10%; and having all of the following: Technical Notes: b.4.e.2. A peak saturated power output b.9.a. A ‘turn-on time’ from off to fully 1. A ‘transmit/receive module’ is a greater than 20 mW (13 dBm) at any operational in less than 10 seconds; multifunction ‘‘electronic assembly’’ that frequency exceeding 75 GHz up to and b.9.b. A volume less than the maximum provides bi-directional amplitude and phase including 90 GHz, and with a ‘‘fractional 3 rated power in Watts multiplied by 10 cm / control for transmission and reception of bandwidth’’ of greater than 5%; or W; and signals. b.4.e.3. A peak saturated power output b.9.c. An ‘‘instantaneous bandwidth’’ 2. A ‘transmit module’ is an ‘‘electronic greater than 0.1 nW (¥70 dBm) at any greater than 1 octave (fmax. > 2fmin,) and assembly’’ that provides amplitude and frequency exceeding 90 GHz; or having any of the following: b.4.f. [Reserved] phase control for transmission of signals. b.9.c.1. For frequencies equal to or less 3. A ‘transmit/receive MMIC’ is a N.B.: than 18 GHz, an RF output power greater 1. For ‘‘MMIC’’ amplifiers see 3A001.b.2. multifunction ‘‘MMIC’’ that provides bi- than 100 W; or directional amplitude and phase control for 2. For ‘transmit/receive modules’ and b.9.c.2. A frequency greater than 18 GHz; ‘transmit modules’ see 3A001.b.12. transmission and reception of signals. Technical Notes: 4. A ‘transmit MMIC’ is a ‘‘MMIC’’ that Note 1: [Reserved] 1. To calculate the volume in 3A001.b.9.b., provides amplitude and phase control for Note 2: The control status of an item the following example is provided: For a transmission of signals. whose rated operating frequency includes maximum rated power of 20 W, the volume 5. 2.7 GHz should be used as the lowest frequencies listed in more than one frequency would be: 20 W × 10 cm3/W = 200 cm3. operating frequency (fGHz) in the formula in range, as defined by 3A001.b.4.a through 2. The ‘turn-on time’ in 3A001.b.9.a. refers 3A001.b.4.12.c for transmit/receive or 3A001.b.4.e, is determined by the lowest to the time from fully-off to fully operational, transmit modules that have a rated operation peak saturated power output control i.e., it includes the warm-up time of the range extending downward to 2.7 GHz and threshold. MPM. below [d≤15cm*GHz*N/2.7 GHz].

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56310 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

6. 3A001.b.12 applies to ‘transmit/receive e.1.b. ‘Secondary cells’ having an ‘energy Technical Note: ‘AM0’, or ‘Air Mass Zero’, modules’ or ‘transmit modules’ with or density’ exceeding 350 Wh/kg at 293 K (20 refers to the spectral irradiance of sun light without a heat sink. The value of d in °C); in the earth’s outer atmosphere when the 3A001.b.12.c does not include any portion of Technical Notes: distance between the earth and sun is one the ‘transmit/receive module’ or ‘transmit astronomical unit (AU). 1. For the purpose of 3A001.e.1, ‘energy module’ that functions as a heat sink. f. Rotary input type absolute position 7. ‘Transmit/receive modules’ or ‘transmit density’ (Wh/kg) is calculated from the nominal voltage multiplied by the nominal encoders having an ‘‘accuracy’’ equal to or modules,’ ‘transmit/receive MMICs’ or less (better) than ± 1.0 second of arc and capacity in ampere-hours (Ah) divided by the ‘transmit MMICs’ may or may not have N ‘‘specially designed’’ encoder rings, discs or mass in kilograms. If the nominal capacity is integrated radiating antenna elements where scales therefor; not stated, energy density is calculated from N is the number of transmit or transmit/ g. Solid-state pulsed power switching the nominal voltage squared then multiplied receive channels. thyristor devices and ‘thyristor modules’, by the discharge duration in hours divided by c. Acoustic wave devices as follows and using either electrically, optically, or electron ‘‘specially designed’’ ‘‘components’’ therefor: the discharge load in Ohms and the mass in radiation controlled switch methods and c.1. Surface acoustic wave and surface kilograms. having any of the following: skimming (shallow bulk) acoustic wave 2. For the purpose of 3A001.e.1, a ‘cell’ is g.1. A maximum turn-on current rate of devices, having any of the following: defined as an electrochemical device, which rise (di/dt) greater than 30,000 A/ms and off- c.1.a. A carrier frequency exceeding 6 GHz; has positive and negative electrodes, an state voltage greater than 1,100 V; or c.1.b. A carrier frequency exceeding 1 GHz, electrolyte, and is a source of electrical g.2. A maximum turn-on current rate of but not exceeding 6 GHz and having any of energy. It is the basic building block of a rise (di/dt) greater than 2,000 A/ms and the following: battery. having all of the following: c.1.b.1. A ‘frequency side-lobe rejection’ 3. For the purpose of 3A001.e.1.a, a g.2.a. An off-state peak voltage equal to or exceeding 65 dB; ‘primary cell’ is a ‘cell’ that is not designed greater than 3,000 V; and c.1.b.2. A product of the maximum delay to be charged by any other source. g.2.b. A peak (surge) current equal to or time and the bandwidth (time in ms and 4. For the purpose of 3A001.e.1.b, a greater than 3,000 A; bandwidth in MHz) of more than 100; ‘secondary cell’ is a ‘cell’ that is designed to Note 1: 3A001.g. includes: c.1.b.3. A bandwidth greater than 250 be charged by an external electrical source. MHz; or —Silicon Controlled Rectifiers (SCRs); Note: 3A001.e does not control batteries, c.1.b.4. A dispersive delay of more than 10 —Electrical Triggering Thyristors (ETTs); including single-cell batteries. ms; or —Light Triggering Thyristors (LTTs); c.1.c. A carrier frequency of 1 GHz or less e.2. High energy storage capacitors as —Integrated Gate Commutated Thyristors and having any of the following: follows: (IGCTs); c.1.c.1. A product of the maximum delay e.2.a. Capacitors with a repetition rate of —Gate Turn-off Thyristors (GTOs); time and the bandwidth (time in ms and less than 10 Hz (single shot capacitors) and —MOS Controlled Thyristors (MCTs); bandwidth in MHz) of more than 100; having all of the following: —Solidtrons. c.1.c.2. A dispersive delay of more than 10 e.2.a.1. A voltage rating equal to or more Note 2: 3A001.g. does not control thyristor ms; or than 5 kV; devices and ‘thyristor modules’ incorporated c.1.c.3. A ‘frequency side-lobe rejection’ e.2.a.2. An energy density equal to or more into equipment designed for civil railway or exceeding 65 dB and a bandwidth greater than 250 J/kg; and ‘‘civil aircraft’’ applications. than 100 MHz; e.2.a.3. A total energy equal to or more Technical Note: For the purposes of than 25 kJ; Technical Note: ‘Frequency side-lobe 3A001.g, a ‘thyristor module’ contains one or e.2.b. Capacitors with a repetition rate of rejection’ is the maximum rejection value more thyristor devices. specified in data sheet. 10 Hz or more (repetition rated capacitors) h. Solid-state power semiconductor c.2. Bulk (volume) acoustic wave devices and having all of the following: e.2.b.1. A voltage rating equal to or more switches, diodes, or ‘modules’, having all of that permit the direct processing of signals at the following: frequencies exceeding 6 GHz; than 5 kV; e.2.b.2. An energy density equal to or more h.1. Rated for a maximum operating c.3. Acoustic-optic ‘‘signal processing’’ junction temperature greater than 488 K devices employing interaction between than 50 J/kg; ° e.2.b.3. A total energy equal to or more (215 C); acoustic waves (bulk wave or surface wave) h.2. Repetitive peak off-state voltage and light waves that permit the direct than 100 J; and e.2.b.4. A charge/discharge cycle life equal (blocking voltage) exceeding 300 V; and processing of signals or images, including h.3. Continuous current greater than 1 A. spectral analysis, correlation or convolution; to or more than 10,000; e.3. ‘‘Superconductive’’ electromagnets and Technical Note: For the purposes of Note: 3A001.c does not control acoustic solenoids, ‘‘specially designed’’ to be fully 3A001.h, ‘modules’ contain one or more wave devices that are limited to a single band charged or discharged in less than one solid-state power semiconductor switches or pass, low pass, high pass or notch filtering, second and having all of the following: diodes. or resonating function. Note 1: Repetitive peak off-state voltage in d. Electronic devices and circuits Note: 3A001.e.3 does not control 3A001.h includes drain to source voltage, containing ‘‘components,’’ manufactured ‘‘superconductive’’ electromagnets or collector to emitter voltage, repetitive peak from ‘‘superconductive’’ materials, ‘‘specially solenoids ‘‘specially designed’’ for Magnetic reverse voltage and peak repetitive off-state designed’’ for operation at temperatures Resonance Imaging (MRI) medical blocking voltage. below the ‘‘critical temperature’’ of at least equipment. one of the ‘‘superconductive’’ constituents e.3.a. Energy delivered during the Note 2: 3A001.h. includes: and having any of the following: discharge exceeding 10 kJ in the first second; —Junction Field Effect Transistors (JFETs); d.1. Current switching for digital circuits e.3.b. Inner diameter of the current —Vertical Junction Field Effect Transistors using ‘‘superconductive’’ gates with a carrying windings of more than 250 mm; and (VJFETs); product of delay time per gate (in seconds) e.3.c. Rated for a magnetic induction of —Metal Oxide Semiconductor Field Effect and power dissipation per gate (in watts) of more than 8 T or ‘‘overall current density’’ Transistors (MOSFETs); less than 10¥14 J; or in the winding of more than 300 A/mm2; —Double Diffused Metal Oxide d.2. Frequency selection at all frequencies e.4. Solar cells, cell-interconnect- Semiconductor Field Effect Transistor using resonant circuits with Q-values coverglass (CIC) assemblies, solar panels, and (DMOSFET); exceeding 10,000; solar arrays, which are ‘‘space-qualified,’’ —Insulated Gate Bipolar Transistor (IGBT); e. High energy devices as follows: having a minimum average efficiency —High Electron Mobility Transistors e.1. ‘Cells’ as follows: exceeding 20% at an operating temperature (HEMTs); e.1.a. ‘Primary cells’ having an ‘energy of 301 K (28 °C) under simulated ‘AM0’ —Bipolar Junction Transistors (BJTs); density’ exceeding 550 Wh/kg at 293 K (20 illumination with an irradiance of 1,367 —Thyristors and Silicon Controlled °C); Watts per square meter (W/m2); Rectifiers (SCRs);

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56311

—Gate Turn-Off Thyristors (GTOs); Technical Notes: d.3. A ‘‘frequency switching time’’ as —Emitter Turn-Off Thyristors (ETOs); 1. For recorders with a parallel bus specified by any of the following: —PiN Diodes; architecture, the ‘continuous throughput’ d.3.a. [Reserved] —Schottky Diodes. rate is the highest word rate multiplied by the d.3.b. Less than 100 ms for any frequency change exceeding 2.2 GHz within the Note 3: 3A001.h does not apply to number of bits in a word. 2. ‘Continuous throughput’ is the fastest frequency range exceeding 4.8 GHz but not switches, diodes, or ‘modules’, incorporated exceeding 31.8 GHz; into equipment designed for civil automobile, data rate the instrument can record to disk d.3.c. [Reserved] civil railway, or ‘‘civil aircraft’’ applications. or solid-state drive memory without the loss of any information while sustaining the input d.3.d. Less than 500 ms for any frequency ■ 18. In Supplement No. 1 to part 774, digital data rate or digitizer conversion rate. change exceeding 550 MHz within the Category 3, ECCN 3A002 is revised to a.7. Real-time oscilloscopes having a frequency range exceeding 31.8 GHz but not read as follows: vertical root-mean-square (rms) noise voltage exceeding 37 GHz; or d.3.e. Less than 100 ms for any frequency 3A002 General Purpose ‘‘Electronic of less than 2% of full-scale at the vertical scale setting that provides the lowest noise change exceeding 2.2 GHz within the Assemblies,’’ Modules and Equipment, frequency range exceeding 37 GHz but not as Follows (See List of Items Controlled). value for any input 3dB bandwidth of 60 GHz or greater per channel; exceeding 90 GHz; License Requirements d.3.f. [Reserved] Note: 3A002.a.7 does not apply to Reason for Control: NS, MT, AT d.4. Single sideband (SSB) phase noise, in equivalent-time sampling oscilloscopes. dBc/Hz, specified as being any of the b. [Reserved] following: Country chart (see ¥ Control(s) Supp. No. 1 to c. ‘‘Signal analyzers’’ as follows: d.4.a. Less (better) than (126 + 20 log10 ¥ part 738) c.1. ‘‘Signal analyzers’’ having a 3 dB F 20log10f) for anywhere within the range of resolution bandwidth (RBW) exceeding 10 10 Hz ≤ F ≤ 10 kHz anywhere within the NS applies to entire NS Column 2 MHz anywhere within the frequency range frequency range exceeding 3.2 GHz but not entry. exceeding 31.8 GHz but not exceeding 37 exceeding 90 GHz; or MT applies to MT Column 1 GHz; d.4.b. Less (better) than ¥(206¥20log10f) 3A002.h when the c.2. ‘‘Signal analyzers’’ having Displayed for anywhere within the range of 10 kHz < parameters in Average Noise Level (DANL) less (better) F ≤ 100 kHz anywhere within the frequency 3A101.a.2.b are than ¥150 dBm/Hz anywhere within the range exceeding 3.2 GHz but not exceeding met or exceeded. frequency range exceeding 43.5 GHz but not 90 GHz; AT applies to entire AT Column 1 exceeding 90 GHz; Technical Note: In 3A002.d.4, F is the entry. c.3. ‘‘Signal analyzers’’ having a frequency offset from the operating frequency in Hz and exceeding 90 GHz; f is the operating frequency in MHz. Reporting Requirements c.4. ‘‘Signal analyzers’’ having all of the See § 743.1 of the EAR for reporting following: d.5. An ‘RF modulation bandwidth’ of requirements for exports under License c.4.a. ‘‘Real-time bandwidth’’ exceeding digital baseband signals as specified by any Exceptions, and Validated End-User 170 MHz; and of the following: authorizations. c.4.b. Having any of the following: d.5.a. Exceeding 2.2 GHz within the c.4.b.1. 100% probability of discovery, frequency range exceeding 4.8 GHz but not List Based License Exceptions (See Part 740 with less than a 3 dB reduction from full exceeding 31.8 GHz; for a Description of All License Exceptions) amplitude due to gaps or windowing effects, d.5.b. Exceeding 550 MHz within the LVS: $3,000: 3A002.a, .e, .f, and .g $5,000: of signals having a duration of 15 ms or less; frequency range exceeding 31.8 GHz but not 3A002.c to .d, and .h (unless controlled for or exceeding 37 GHz; or MT); c.4.b.2. A ‘‘frequency mask trigger’’ d.5.c. Exceeding 2.2 GHz within the GBS: Yes, for 3A002.h (unless controlled for function, with 100% probability of trigger frequency range exceeding 37 GHz but not MT) (capture) for signals having a duration of 15 exceeding 90 GHz; or Special Conditions for STA ms or less; Technical Note: ‘RF modulation Technical Notes: bandwidth’ is the Radio Frequency (RF) STA: License Exception STA may not be bandwidth occupied by a digitally encoded used to ship any item in 3A002.g.1 to any 1. Probability of discovery in 3A002.c.4.b.1 baseband signal modulated onto an RF of the destinations listed in Country Group is also referred to as probability of intercept signal. It is also referred to as information A:6 (See Supplement No.1 to part 740 of or probability of capture. bandwidth or vector modulation bandwidth. the EAR). 2. For the purposes of 3A002.c.4.b.1, the I/Q digital modulation is the technical duration for 100% probability of discovery is List of Items Controlled method for producing a vector-modulated RF equivalent to the minimum signal duration output signal, and that output signal is Related Controls: See Category XV(e)(9) of necessary for the specified level typically specified as having an ‘RF the USML for certain ‘‘space-qualified’’ measurement uncertainty. modulation bandwidth’. atomic frequency standards ‘‘subject to the Note: 3A002.c.4 does not apply to those d.6. A maximum frequency exceeding 90 ITAR’’ (see 22 CFR parts 120 through 130). ‘‘signal analyzers’’ using only constant See also 3A101, 3A992 and 9A515.x. GHz; Note 1: For the purpose of 3A002.d, percentage bandwidth filters (also known as Related Definitions: Constant percentage signal generators include arbitrary waveform octave or fractional octave filters). bandwidth filters are also known as octave and function generators. or fractional octave filters. c.5. [Reserved] Note 2: 3A002.d does not control Items: d. Signal generators having any of the equipment in which the output frequency is a. Recording equipment and oscilloscopes, following: either produced by the addition or as follows: d.1. Specified to generate pulse-modulated subtraction of two or more crystal oscillator a.1. to a.5. [Reserved] signals having all of the following, anywhere frequencies, or by an addition or subtraction N.B.: For waveform digitizers and transient within the frequency range exceeding 31.8 followed by a multiplication of the result. recorders, see 3A002.h. GHz but not exceeding 37 GHz: a.6. Digital data recorders having all of the d.1.a. ‘Pulse duration’ of less than 25 ns; Technical Notes: following: and 1. The maximum frequency of an arbitrary a.6.a. A sustained ‘continuous throughput’ d.1.b. On/off ratio equal to or exceeding 65 waveform or function generator is calculated of more than 6.4 Gbit/s to disk or solid-state dB; by dividing the sample rate, in samples/ drive memory; and d.2. An output power exceeding 100 mW second, by a factor of 2.5. a.6.b. ‘‘Signal processing’’ of the radio (20 dBm) anywhere within the frequency 2. For the purposes of 3A002.d.1.a, ‘pulse frequency signal data while it is being range exceeding 43.5 GHz but not exceeding duration’ is defined as the time interval from recorded; 90 GHz; the point on the leading edge that is 50% of

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56312 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

the pulse amplitude to the point on the status is determined by the highest single- c.1. A resolution of 8 bit or more, but less trailing edge that is 50% of the pulse channel specified performance. than 12 bit, with an output rate greater than amplitude. Note: 3A002.h includes ADC cards, 200 million words per second; e. Network analyzers having any of the waveform digitizers, data acquisition cards, c.2. A resolution of 12 bit with an output following: signal acquisition boards and transient rate greater than 105 million words per e.1. An output power exceeding 31.62 mW recorders. second; (15 dBm) anywhere within the operating c.3. A resolution of more than 12 bit but frequency range exceeding 43.5 GHz but not ■ 19. In Supplement No. 1, Category 3, equal to or less than 14 bit with an output exceeding 90 GHz; ECCN 3A991 is revised to read as rate greater than 10 million words per e.2. An output power exceeding 1 mW (0 follows: second; or dBm) anywhere within the operating 3A991 Electronic Devices, and c.4. A resolution of more than 14 bit with frequency range exceeding 90 GHz but not ‘‘Components’’ not Controlled by 3A001. an output rate greater than 2.5 million words exceeding 110 GHz; per second; e.3. ‘Nonlinear vector measurement License Requirements d. Field programmable logic devices functionality’ at frequencies exceeding 50 Reason for Control: AT having a maximum number of single-ended GHz but not exceeding 110 GHz; or digital input/outputs between 200 and 700; Technical Note: ‘Nonlinear vector Country chart e. Fast Fourier Transform (FFT) processors measurement functionality’ is an Control(s) (see Supp. No. 1 having a rated execution time for a 1,024 instrument’s ability to analyze the test results to part 738) point complex FFT of less than 1 ms; of devices driven into the large-signal domain f. Custom integrated circuits for which or the non-linear distortion range. AT applies to entire AT Column 1 either the function is unknown, or the entry. control status of the equipment in which the e.4. A maximum operating frequency integrated circuits will be used is unknown exceeding 110 GHz; License Requirements Note: See § 744.17 to the manufacturer, having any of the f. Microwave test receivers having all of the of the EAR for additional license following: following: requirements for microprocessors having a f.1. More than 144 terminals; or f.1. Maximum operating frequency processing speed of 5 GFLOPS or more and f.2. A typical ‘‘basic propagation delay exceeding 110 GHz; and an arithmetic logic unit with an access width time’’ of less than 0.4 ns; f.2. Being capable of measuring amplitude of 32 bit or more, including those g. Traveling-wave ‘‘vacuum electronic and phase simultaneously; incorporating ‘‘information security’’ devices,’’ pulsed or continuous wave, as g. Atomic frequency standards being any of functionality, and associated ‘‘software’’ and follows: the following: ‘‘technology’’ for the ‘‘production’’ or g.1. Coupled cavity devices, or derivatives g.1. ‘‘Space-qualified’’; ‘‘development’’ of such microprocessors. thereof; g.2. Non-rubidium and having a long-term ¥ g.2. Helix devices based on helix, folded stability less (better) than 1 × 10 11/month; List Based License Exceptions (See Part 740 waveguide, or serpentine waveguide circuits, or for a Description of All License Exceptions) or derivatives thereof, with any of the g.3. Non-’’space-qualified’’ and having all LVS: N/A following: of the following: GBS: N/A g.2.a. An ‘‘instantaneous bandwidth’’ of g.3.a. Being a rubidium standard; half an octave or more; and g.3.b. Long-term stability less (better) than List of Items Controlled ¥ g.2.b. The product of the rated average 1 × 10 11/month; and Related Controls: N/A output power (expressed in kW) and the g.3.c. Total power consumption of less Related Definitions: N/A maximum operating frequency (expressed in than 1 Watt. Items: GHz) of more than 0.2; h. ‘‘Electronic assemblies,’’ modules or a. ‘‘Microprocessor microcircuits’’, g.2.c. An ‘‘instantaneous bandwidth’’ of equipment, specified to perform all of the ‘‘microcomputer microcircuits’’, and less than half an octave; and following: microcontroller microcircuits having any of g.2.d. The product of the rated average h.1. Analog-to-digital conversions meeting the following: output power (expressed in kW) and the any of the following: a.1. A performance speed of 5 GFLOPS or maximum operating frequency (expressed in h.1.a. A resolution of 8 bit or more, but less more and an arithmetic logic unit with an GHz) of more than 0.4; than 10 bit, with an input sample rate greater access width of 32 bit or more; h. Flexible waveguides designed for use at than 1.3 billion samples per second; a.2. A clock frequency rate exceeding 25 frequencies exceeding 40 GHz; h.1.b. A resolution of 10 bit or more, but MHz; or i. Surface acoustic wave and surface less than 12 bit, with an input sample rate a.3. More than one data or instruction bus skimming (shallow bulk) acoustic wave greater than 1.0 billion samples per second; or serial communication port that provides a devices (i.e., ‘‘signal processing’’ devices h.1.c. A resolution of 12 bit or more, but direct external interconnection between employing elastic waves in materials), having less than 14 bit, with an input sample rate parallel ‘‘microprocessor microcircuits’’ with either of the following: greater than 1.0 billion samples per second; a transfer rate of 2.5 Mbyte/s; i.1. A carrier frequency exceeding 1 GHz; h.1.d. A resolution of 14 bit or more but b. Storage integrated circuits, as follows: or less than 16 bit, with an input sample rate b.1. Electrical erasable programmable read- i.2. A carrier frequency of 1 GHz or less; greater than 400 million samples per second; only memories (EEPROMs) with a storage and or capacity; i.2.a. A frequency side-lobe rejection h.1.e. A resolution of 16 bit or more with b.1.a. Exceeding 16 Mbits per package for exceeding 55 Db; an input sample rate greater than 180 million flash memory types; or i.2.b. A product of the maximum delay samples per second; and b.1.b. Exceeding either of the following time and bandwidth (time in microseconds h.2. Any of the following: limits for all other EEPROM types: and bandwidth in MHz) of more than 100; or h.2.a. Output of digitized data; b.1.b.1. Exceeding 1 Mbit per package; or i.2.c. A dispersive delay of more than 10 h.2.b. Storage of digitized data; or b.1.b.2. Exceeding 256 kbit per package microseconds; h.2.c. Processing of digitized data; and a maximum access time of less than 80 j. Cells as follows: N.B.: Digital data recorders, oscilloscopes, ns; j.1. Primary cells having an energy density ‘‘signal analyzers,’’ signal generators, b.2. Static random access memories of 550 Wh/kg or less at 293 K (20 °C); network analyzers and microwave test (SRAMs) with a storage capacity: j.2. Secondary cells having an energy receivers, are specified by 3A002.a.6, b.2.a. Exceeding 1 Mbit per package; or density of 300 Wh/kg or less at 293 K (20 °C); 3A002.a.7, 3A002.c, 3A002.d, 3A002.e and b.2.b. Exceeding 256 kbit per package and Note: 3A991.j. does not control batteries, 3A002.f, respectively. a maximum access time of less than 25 ns; including single cell batteries. Technical Note: For multiple-channel c. Analog-to-digital converters having any ‘‘electronic assemblies’’ or modules, control of the following: Technical Notes:

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56313

1. For the purpose of 3A991.j energy Country chart 1. For the purpose of 3B001.e, density (Wh/kg) is calculated from the Control(s) (see Supp. No. 1 ‘semiconductor process tools’ refers to nominal voltage multiplied by the nominal to part 738) modular tools that provide physical capacity in ampere-hours divided by the processes for semiconductor production that mass in kilograms. If the nominal capacity is NS applies to entire NS Column 2 are functionally different, such as deposition, not stated, energy density is calculated from entry. implant or thermal processing. the nominal voltage squared then multiplied AT applies to entire AT Column 1 2. For the purpose of 3B001.e, ‘sequential by the discharge duration in hours divided by entry. multiple wafer processing’ means the the discharge load in Ohms and the mass in List Based License Exceptions (See Part 740 capability to process each wafer in different kilograms. for a Description of All License Exceptions) ‘semiconductor process tools’, such as by 2. For the purpose of 3A991.j, a ‘cell’ is transferring each wafer from one tool to a defined as an electrochemical device, which LVS: $500 second tool and on to a third tool with the has positive and negative electrodes, and GBS: Yes, except a.3 (molecular beam automatic loading multi-chamber central electrolyte, and is a source of electrical epitaxial growth equipment using gas wafer handling systems. energy. It is the basic building block of a sources), .e (automatic loading multi- f. Lithography equipment as follows: battery. chamber central wafer handling systems f.1. Align and expose step and repeat 3. For the purpose of 3A991.j.1, a ‘primary only if connected to equipment controlled (direct step on wafer) or step and scan by 3B001. a.3, or .f), and .f (lithography cell’ is a ‘cell’ that is not designed to be (scanner) equipment for wafer processing equipment). charged by any other source. using photo-optical or X-ray methods and 4. For the purpose of 3A991.j.2., a List of Items Controlled having any of the following: ‘secondary cell’ is a ‘cell’ that is designed to f.1.a. A light source wavelength shorter be charged by an external electrical source. Related Controls: See also 3B991 Related Definitions: N/A than 193 nm; or k. ‘‘Superconductive’’ electromagnets or Items: f.1.b. Capable of producing a pattern with solenoids ‘‘specially designed’’ to be fully a ‘‘Minimum Resolvable Feature size’’ (MRF) a. Equipment designed for epitaxial growth charged or discharged in less than one of 45 nm or less; minute, having all of the following: as follows: a.1. Equipment designed or modified to Technical Note: The ‘Minimum Resolvable Note: 3A991.k does not control produce a layer of any material other than Feature size’ (MRF) is calculated by the ‘‘superconductive’’ electromagnets or silicon with a thickness uniform to less than following formula: solenoids designed for Magnetic Resonance ± 2.5% across a distance of 75 mm or more; MRF = (an exposure light source wavelength Imaging (MRI) medical equipment. Note: 3B001.a.1 includes atomic layer in nm) × (K factor) numerical aperture k.1. Maximum energy delivered during the epitaxy (ALE) equipment. discharge divided by the duration of the where the K factor = 0.35 discharge of more than 500 kJ per minute; a.2. Metal Organic Chemical Vapor k.2. Inner diameter of the current carrying Deposition (MOCVD) reactors designed for f.2. Imprint lithography equipment windings of more than 250 mm; and compound semiconductor epitaxial growth of capable of production features of 45 nm k.3. Rated for a magnetic induction of more material having two or more of the following or less; elements: Aluminum, gallium, indium, than 8T or ‘‘overall current density’’ in the Note: 3B001.f.2 includes: 2 arsenic, phosphorus, antimony, or nitrogen; winding of more than 300 A/mm ; —Micro contact printing tools; l. Circuits or systems for electromagnetic a.3. Molecular beam epitaxial growth equipment using gas or solid sources; —Hot embossing tools; energy storage, containing ‘‘components’’ —Nano-imprint lithography tools; manufactured from ‘‘superconductive’’ b. Equipment designed for ion implantation and having any of the —Step and flash imprint lithography (S– materials ‘‘specially designed’’ for operation FIL) tools. at temperatures below the ‘‘critical following: temperature’’ of at least one of their b.1. [Reserved] f.3. Equipment ‘‘specially designed’’ for ‘‘superconductive’’ constituents, having all of b.2. Being designed and optimized to mask making having all of the following: the following: operate at a beam energy of 20 keV or more f.3.a. A deflected focused electron beam, l.1. Resonant operating frequencies and a beam current of 10 mA or more for ion beam or ‘‘laser’’ beam; and exceeding 1 MHz; hydrogen, deuterium, or helium implant; f.3.b. Having any of the following: l.2. A stored energy density of 1 MJ/M3 or b.3. Direct write capability; f.3.b.1. A Full-Width Half-Maximum more; and b.4. A beam energy of 65 keV or more and (FWHM) spot size smaller than 65 nm and an l.3. A discharge time of less than 1 ms; a beam current of 45 mA or more for high image placement less than 17 nm (mean + 3 m. Hydrogen/hydrogen-isotope thyratrons energy oxygen implant into a heated sigma); or of ceramic-metal construction and rate for a semiconductor material ‘‘substrate’’; or f.3.b.2. [Reserved] peak current of 500 A or more; b.5. Being designed and optimized to f.3.b.3. A second-layer overlay error of less n. Digital integrated circuits based on any operate at beam energy of 20 keV or more and than 23 nm (mean + 3 sigma) on the mask; compound semiconductor having an a beam current of 10mA or more for silicon f.4. Equipment designed for device implant into a semiconductor material processing using direct writing methods, equivalent gate count of more than 300 (2 ° input gates); ‘‘substrate’’ heated to 600 C or greater; having all of the following: o. Solar cells, cell-interconnect-coverglass c. [Reserved] f.4.a. A deflected focused electron beam; (CIC) assemblies, solar panels, and solar d. [Reserved] and arrays, which are ‘‘space qualified’’ and not e. Automatic loading multi-chamber f.4.b. Having any of the following: controlled by 3A001.e.4. central wafer handling systems having all of f.4.b.1. A minimum beam size equal to or the following: smaller than 15 nm; or ■ 20. In Supplement No. 1 to part 774, e.1. Interfaces for wafer input and output, f.4.b.2. An overlay error less than 27 nm Category 3, ECCN 3B001 is revised to to which more than two functionally (mean + 3 sigma); read as follows: different ‘semiconductor process tools’ g. Masks and reticles, designed for controlled by 3B001.a.1, 3B001.a.2, 3B001.a.3 integrated circuits controlled by 3A001; 3B001 Equipment for the Manufacturing of or 3B001.b are designed to be connected; and h. Multi-layer masks with a phase shift Semiconductor Devices or Materials, as e.2. Designed to form an integrated system layer not specified by 3B001.g and designed Follows (See List of Items Controlled) in a vacuum environment for ‘sequential to be used by lithography equipment having and ‘‘Specially Designed’’ multiple wafer processing’; a light source wavelength less than 245 nm; ‘‘Components’’ and ‘‘Accessories’’ Note: 3B001.e does not control automatic Note: 3B001.h. does not control multi-layer Therefor. robotic wafer handling systems ‘‘specially masks with a phase shift layer designed for designed’’ for parallel wafer processing. License Requirements the fabrication of memory devices not Reason for Control: NS, AT Technical Notes: controlled by 3A001.

VerDate Sep<11>2014 19:21 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56314 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

i. Imprint lithography templates designed Country chart b. Specific ‘‘technology’’, as follows: for integrated circuits by 3A001; Control(s) (see Supp. No. 1 b.1. ‘‘Technology’’ ‘‘required’’ for the j. Mask ‘‘substrate blanks’’ with multilayer to part 738) ‘‘development’’ or ‘‘production’’ of reflector structure consisting of molybdenum telecommunications equipment ‘‘specially and silicon, and having all of the following: NS applies to entire NS Column 1 designed’’ to be used on board satellites; j.1. ‘‘Specially designed’’ for ‘Extreme entry. b.2. ‘‘Technology’’ for the ‘‘development’’ Ultraviolet (EUV)’ lithography; and SL applies to ‘‘tech- or ‘‘use’’ of ‘‘laser’’ communication j.2. Compliant with SEMI Standard P37. nology’’ for the techniques with the capability of ‘‘development’’ or automatically acquiring and tracking signals Technical Note: ‘Extreme Ultraviolet ‘‘production’’ of and maintaining communications through (EUV)’ refers to electromagnetic spectrum equipment, func- exoatmosphere or sub-surface (water) media; wavelengths greater than 5 nm and less than tions or features b.3. ‘‘Technology’’ for the ‘‘development’’ 124 nm. controlled by of digital cellular radio base station receiving 5A001.f.1, or for equipment whose reception capabilities that ■ 21. In Supplement No. 1, Category 3, the ‘‘development’’ allow multi-band, multi-channel, multi- ECCN 3E003 is revised to read as or ‘‘production’’ of mode, multi-coding algorithm or multi- follows: ‘‘software’’ con- protocol operation can be modified by trolled by ECCN changes in ‘‘software’’; 3E003 Other ‘‘Technology’’ for the 5D001.a (for b.4. ‘‘Technology’’ for the ‘‘development’’ ‘‘Development’’ or ‘‘Production’’ of the 5A001.f.1). of ‘‘spread spectrum’’ techniques, including Following (See List of Items Controlled). AT applies to entire AT Column 1 ‘‘frequency hopping’’ techniques. License Requirements entry. Note: 5E001.b.4 does not apply to ‘‘technology’’ for the ‘‘development’’ of any of Reason for Control: NS, AT Reporting Requirements the following: See § 743.1 of the EAR for reporting Country chart a. Civil cellular radio-communications Control(s) (see Supp. No. 1 requirements for exports under License systems; or to part 738) Exceptions, and Validated End-User b. Fixed or mobile satellite Earth stations authorizations. for commercial civil telecommunications. NS applies to entire NS Column 1 List Based License Exceptions (See Part 740 c. ‘‘Technology’’ according the General entry. for a Description of All License Exceptions) Technology Note for the ‘‘development’’ or AT applies to entire AT Column 1 ‘‘production’’ of any of the following: TSR: Yes, except for exports or reexports to entry. c.1. [Reserved] destinations outside of those countries c.2. Equipment employing a ‘‘laser’’ and List Based License Exceptions (See Part 740 listed in Country Group A:5 (See having any of the following: for a Description of All License Exceptions) Supplement No. 1 to part 740 of the EAR) c.2.a. A transmission wavelength of ‘‘technology’’ controlled by 5E001.a for TSR: Yes, except .f and .g exceeding 1,750 nm; the ‘‘development’’ or ‘‘production’’ of the c.2.b. [Reserved] List of Items Controlled following: c.2.c. [Reserved] Related Controls: See 3E001 for silicon-on- (1) Items controlled by 5A001.b.5 or c.2.d. Employing wavelength division insulation (SOI) technology for the 5A001.h; or multiplexing techniques of optical carriers at ‘‘development’’ or ‘‘production’’ related to (2)‘‘Software’’ controlled by 5D001.a that is less than 100 GHz spacing; or radiation hardening of integrated circuits. ‘‘specially designed’’ for the ‘‘development’’ c.2.e. Employing analog techniques and Related Definitions: N/A or ‘‘production’’ of equipment, functions or having a bandwidth exceeding 2.5 GHz; features controlled by 5A001.b.5 or 5A001.h. Items: Note: 5E001.c.2.e does not control a. Vacuum microelectronic devices; Special Conditions for STA ‘‘technology’’ for commercial TV systems. b. Hetero-structure semiconductor STA: License Exception STA may not be N.B.: For ‘‘technology’’ for the electronic devices such as high electron ‘‘development’’ or ‘‘production’’ of non- mobility transistors (HEMT), hetero-bipolar used to ship or transmit ‘‘technology’’ according to the General Technology Note telecommunications equipment employing a transistors (HBT), quantum well and super for the ‘‘development’’ or ‘‘production’’ of ‘‘laser’’, see Product Group E of Category 6, lattice devices; equipment, functions or features specified e.g., 6E00x. Note: 3E003.b does not control by 5A001.b.3, b.5 or .h; or for ‘‘software’’ c.3. Equipment employing ‘‘optical ‘‘technology’’ for high electron mobility in 5D001.a that is specified in the STA switching’’ and having a switching time less transistors (HEMT) operating at frequencies paragraph in the License Exception section than 1 ms; or lower than 31.8 GHz and hetero-junction of ECCN 5D001 to any of the destinations c.4. Radio equipment having any of the bipolar transistors (HBT) operating at listed in Country Group A:6 (See following: frequencies lower than 31.8 GHz. Supplement No. 1 to part 740 of the EAR). c.4.a. Quadrature-Amplitude-Modulation c. ‘‘Superconductive’’ electronic devices; (QAM) techniques above level 1,024; or d. Substrates of films of diamond for List of Items Controlled c.4.b. Operating at input or output electronic components; Related Controls: (1) See also 5E101, 5E980 frequencies exceeding 31.8 GHz; or e. Substrates of silicon-on-insulator (SOI) and 5E991. (2) ‘‘Technology’’ for Note: 5E001.c.4.b does not control for integrated circuits in which the insulator ‘‘development’’ or ‘‘production’’ of ‘‘technology’’ for equipment designed or is silicon dioxide; ‘‘Monolithic Microwave Integrated Circuit’’ modified for operation in any frequency band f. Substrates of silicon carbide for (‘‘MMIC’’) amplifiers that meet the control which is ‘‘allocated by the ITU’’ for radio- electronic components; criteria given at 3A001.b.2 is controlled in communications services, but not for radio- g. ‘‘Vacuum electronic devices’’ operating 3E001; 5E001.d refers only to that determination. at frequencies of 31.8 GHz or higher. additional ‘‘technology’’ ‘‘required’’ for c.4.c. Operating in the 1.5 MHz to 87.5 telecommunications. ■ 22. In Supplement No. 1 to part 774, MHz band and incorporating adaptive Related Definitions: N/A techniques providing more than 15 dB Category 5, ECCN 5E001 is revised to Items: suppression of an interfering signal; or read as follows: a. ‘‘Technology’’ according to the General c.5. [Reserved] 5E001 ‘‘Technology’’ as Follows (See List of Technology Note for the ‘‘development’’, c.6. Mobile equipment having all of the Items Controlled). ‘‘production’’ or ‘‘use’’ (excluding operation) following: of equipment, functions or features, c.6.a. Operating at an optical wavelength License Requirements controlled by 5A001 or ‘‘software’’ controlled greater than or equal to 200nm and less than Reason for Control: NS, SL, AT by 5D001.a. or equal to 400nm; and

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56315

c.6.b. Operating as a ‘‘local area network’’; ‘‘production’’ of electronic devices and Noting that items may be controlled d. ‘‘Technology’’ according to the General circuits, ‘‘specially designed’’ for elsewhere on the CCL, examples of items Technology Note for the ‘‘development’’ or telecommunications and containing not controlled by ECCN 5A002.a.4 include ‘‘production’’ of ‘‘Monolithic Microwave ‘‘components’’ manufactured from the following: (a) An automobile where the Integrated Circuit’’ (‘‘MMIC’’) amplifiers ‘‘superconductive’’ materials, ‘‘specially only ‘cryptography for data confidentiality’ ‘‘specially designed’’ for telecommunications designed’’ for operation at temperatures ‘in excess of 56 bits of symmetric key and that are any of the following: below the ‘‘critical temperature’’ of at least length, or equivalent’ is performed by a Technical Note: For purposes of 5E001.d, one of the ‘‘superconductive’’ constituents Category 5—Part 2 Note 3 eligible mobile the parameter peak saturated power output and having any of the following: telephone that is built into the car. In this may also be referred to on product data e.1. Current switching for digital circuits case, secure phone communications sheets as output power, saturated power using ‘‘superconductive’’ gates with a support a non-primary function of the output, maximum power output, peak power product of delay time per gate (in seconds) automobile but the mobile telephone output, or peak envelope power output. and power dissipation per gate (in watts) of (equipment), as a standalone item, is not ¥14 d.1. Rated for operation at frequencies less than 10 J; or controlled by ECCN 5A002 because it is exceeding 2.7 GHz up to and including 6.8 e.2. Frequency selection at all frequencies excluded by the Cryptography Note (Note GHz with a ‘‘fractional bandwidth’’ greater using resonant circuits with Q-values 3) (See ECCN 5A992.c). (b) An exercise than 15%, and having any of the following: exceeding 10,000. bike with an embedded Category 5—Part 2 Note 3 eligible web browser, where the d.1.a. A peak saturated power output Category 5—Part 2—‘‘Information Security’’ greater than 75 W (48.75 dBm) at any only controlled cryptography is performed frequency exceeding 2.7 GHz up to and ■ 23. In Supplement No. 1 to part 774, by the web browser. In this case, secure including 2.9 GHz; Category 5, ECCN 5A002 is revised to web browsing supports a non-primary function of the exercise bike but the web d.1.b. A peak saturated power output read as follows: greater than 55 W (47.4 dBm) at any browser (‘‘software’’), as a standalone item, frequency exceeding 2.9 GHz up to and 5A002 ‘‘Information Security’’ Systems, is not controlled by ECCN 5D002 because including 3.2 GHz; Equipment and ‘‘Components,’’ as it is excluded by the Cryptography Note d.1.c. A peak saturated power output Follows (See List of Items Controlled). (Note 3) (See ECCN 5D992.c). (5) After classification or self-classification in greater than 40 W (46 dBm) at any frequency License Requirements exceeding 3.2 GHz up to and including 3.7 accordance with § 740.17(b) of the EAR, GHz; or Reason for Control: NS, AT, EI mass market encryption commodities that d.1.d. A peak saturated power output meet eligibility requirements are released greater than 20 W (43 dBm) at any frequency Country chart from ‘‘EI’’ and ‘‘NS’’ controls. These exceeding 3.7 GHz up to and including 6.8 Control(s) (see Supp. No. 1 commodities are designated 5A992.c. to part 738) GHz; Related Definitions: N/A d.2. Rated for operation at frequencies NS applies to entire NS Column 1 Items: exceeding 6.8 GHz up to and including 16 entry. a. Designed or modified to use GHz with a ‘‘fractional bandwidth’’ greater AT applies to entire AT Column 1 ‘cryptography for data confidentiality’ having than 10%, and having any of the following: a ‘described security algorithm’, where that entry. d.2.a. A peak saturated power output cryptographic capability is usable without EI applies to entire Refer to § 742.15 of greater than 10W (40 dBm) at any frequency ‘‘cryptographic activation’’ or has been entry. the EAR exceeding 6.8 GHz up to and including 8.5 activated, as follows: GHz; or License Requirements Note: See § 744.17 a.1. Items having ‘‘information security’’ as d.2.b. A peak saturated power output of the EAR for additional license a primary function; greater than 5W (37 dBm) at any frequency requirements for microprocessors having a a.2. Digital communication or networking exceeding 8.5 GHz up to and including 16 processing speed of 5 GFLOPS or more and systems, equipment or components, not GHz; an arithmetic logic unit with an access width specified in paragraph 5A002.a.1; d.3. Rated for operation with a peak of 32 bit or more, including those a.3. Computers, other items having saturated power output greater than 3 W incorporating ‘‘information security’’ information storage or processing as a (34.77 dBm) at any frequency exceeding 16 functionality, and associated ‘‘software’’ and primary function, and components therefor, GHz up to and including 31.8 GHz, and with ‘‘technology’’ for the ‘‘production’’ or not specified in paragraphs 5A002.a.1 or .a.2; a ‘‘fractional bandwidth’’ of greater than ‘‘development’’ of such microprocessors. N.B.: For operating systems see also 10%; 5D002.a.1 and .c.1. d.4. Rated for operation with a peak List Based License Exceptions (See Part 740 a.4. Items, not specified in paragraphs saturated power output greater than 0.1 nW for a Description of All License Exceptions) 5A002.a.1 to a.3, where the ‘cryptography for ¥ ( 70 dBm) at any frequency exceeding 31.8 data confidentiality’ having ‘in excess of a GHz up to and including 37 GHz; LVS: Yes: $500 for ‘‘components’’. N/A for systems and equipment. ‘described security algorithm’ meets all of the d.5. Rated for operation with a peak following: saturated power output greater than 1 W (30 GBS: N/A ENC: Yes for certain EI controlled a.4.a. It supports a non-primary function of dBm) at any frequency exceeding 37 GHz up the item; and to and including 43.5 GHz, and with a commodities, see § 740.17 of the EAR for eligibility. a.4.b. It is performed by incorporated ‘‘fractional bandwidth’’ of greater than 10%; equipment or ‘‘software’’ that would, as a d.6. Rated for operation with a peak List of Items Controlled standalone item, be specified by ECCNs saturated power output greater than 31.62 5A002, 5A003, 5A004, 5B002 or 5D002. mW (15 dBm) at any frequency exceeding Related Controls: (1) ECCN 5A002.a controls ‘‘component’’ providing the means or N.B. to paragraph a.4: See Related Control 43.5 GHz up to and including 75 GHz, and Paragraph (4) of this ECCN 5A002 for with a ‘‘fractional bandwidth’’ of greater than functions necessary for ‘‘information security.’’ All such ‘‘components’’ are examples of items not controlled by 10%; 5A002.a.4. d.7. Rated for operation with a peak presumptively ‘‘specially designed’’ and saturated power output greater than 10 mW controlled by 5A002.a. (2) See USML Technical Notes: (10 dBm) at any frequency exceeding 75 GHz Categories XI (including XI(b)) and XIII(b) 1. For the purposes of 5A002.a, up to and including 90 GHz, and with a (including XIII(b)(2)) for controls on ‘cryptography for data confidentiality’ means ‘‘fractional bandwidth’’ of greater than 5%; or systems, equipment, and components ‘‘cryptography’’ that employs digital d.8. Rated for operation with a peak described in 5A002.d or .e that are subject techniques and performs any cryptographic saturated power output greater than 0.1 nW to the ITAR. (3) For ‘‘satellite navigation function other than any of the following: (¥70 dBm) at any frequency exceeding 90 system’’ receiving equipment containing or 1.a. ‘‘Authentication;’’ GHz; employing decryption see 7A005, and for 1.b. Digital signature; e. ‘‘Technology’’ according to the General related decryption ‘‘software’’ and 1.c. Data integrity; Technology Note for the ‘‘development’’ or ‘‘technology’’ see 7D005 and 7E001. (4) 1.d. Non-repudiation;

VerDate Sep<11>2014 19:23 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56316 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

1.e. Digital rights management, including a.1.b.1. It is specially designed and limited an RF output power limited to 0.1W (20 dBm) the execution of copy-protected ‘‘software;’’ to allow protection of ‘personal data’ stored or less, and supporting 16 or fewer 1.f. Encryption or decryption in support of within; concurrent users; entertainment, mass commercial broadcasts a.1.b.2. Has been, or can only be, h. Routers, switches or relays, where the or medical records management; or personalized for public or commercial ‘‘information security’’ functionality is 1.g. Key management in support of any transactions or individual identification; and limited to the tasks of ‘‘Operations, function described in paragraphs 1.a to 1.f of a.1.b.3. Where the cryptographic capability Administration or Maintenance’’ (‘‘OAM’’) this Technical Note paragraph 1. is not user-accessible; implementing only published or commercial 2. For the purposes of 5A002.a, ‘described Technical Note to paragraph a.1.b of Note cryptographic standards; security algorithm’ means any of the 2: ‘Personal data’ includes any data specific i. General purpose computing equipment following: to a particular person or entity, such as the or servers, where the ‘‘information security’’ 2.a. A ‘‘symmetric algorithm’’ employing a amount of money stored and data necessary functionality meets all of the following: key length in excess of 56 bits, not including for ‘‘authentication.’’ i.1. Uses only published or commercial parity bits; or a.2. ‘Readers/writers’ specially designed or cryptographic standards; and 2.b. An ‘‘asymmetric algorithm’’ where the modified, and limited, for items specified by i.2. Is any of the following: security of the algorithm is based on any of paragraph a.1 of this Note; i.2.a. Integral to a CPU that meets the the following: provisions of Note 3 in Category 5–Part 2; Technical Note to paragraph a.2 of Note 2: i.2.b. Integral to an operating system that 2.b.1. Factorization of integers in excess of ‘Readers/writers’ include equipment that 512 bits (e.g., RSA); is not specified by 5D002; or communicates with smart cards or i.2.c. Limited to ‘‘OAM’’ of the equipment; 2.b.2. Computation of discrete logarithms electronically readable documents through a in a multiplicative group of a finite field of or network. j. Items specially designed for a ‘connected size greater than 512 bits (e.g., Diffie-Hellman b. Cryptographic equipment specially over Z/pZ); or civil industry application’, meeting all of the designed and limited for banking use or following: 2.b.3. Discrete logarithms in a group other ‘money transactions’; than mentioned in paragraph 2.b.2 of this j.1. Being any of the following: Technical Note to paragraph b. of Note 2: Technical Note in excess of 112 bits (e.g., j.1.a. A network-capable endpoint device ‘Money transactions’ in 5A002 Note 2 Diffie-Hellman over an elliptic curve). meeting any of the following: paragraph b. includes the collection and 2.c. An ‘‘asymmetric algorithm’’ where the j.1.a.1. The ‘‘information security’’ settlement of fares or credit functions. functionality is limited to securing ‘non- security of the algorithm is based on any of arbitrary data’ or the tasks of ‘‘Operations, the following: c. Portable or mobile radiotelephones for Administration or Maintenance’’ (‘‘OAM’’); 2.c.1. Shortest vector or closest vector civil use (e.g., for use with commercial civil or problems associated with lattices (e.g., cellular radio communication systems) that j.1.a.2. The device is limited to a specific NewHope, Frodo, NTRUEncrypt, Kyber, are not capable of transmitting encrypted ‘connected civil industry application’; or Titanium); data directly to another radiotelephone or j.1.b. Networking equipment meeting all of 2.c.2. Finding isogenies between equipment (other than Radio Access Network (RAN) equipment), nor of passing encrypted the following: Supersingular elliptic curves (e.g., data through RAN equipment (e.g., Radio j.1.b.1. Being specially designed to Supersingular Isogeny Key Encapsulation); or Network Controller (RNC) or Base Station communicate with the devices specified by 2.c.3. Decoding random codes (e.g., Controller (BSC)); paragraph j.1.a. above; and McEliece, Niederreiter). d. Cordless telephone equipment not j.1.b.2. The ‘‘information security’’ Technical Note: An algorithm described by capable of end-to-end encryption where the functionality is limited to supporting the Technical Note 2.c. may be referred to as maximum effective range of unboosted ‘connected civil industry application’ of being post-quantum, quantum-safe or cordless operation (i.e., a single, unrelayed devices specified by paragraph j.1.a. above, quantum-resistant. hop between terminal and home base station) or the tasks of ‘‘OAM’’ of this networking Note 1: Details of items must be accessible is less than 400 meters according to the equipment or of other items specified by and provided upon request, in order to manufacturer’s specifications; paragraph j. of this Note; and establish any of the following: e. Portable or mobile radiotelephones and j.2. Where the ‘‘information security’’ similar client wireless devices for civil use, functionality implements only published or a. Whether the item meets the criteria of that implement only published or commercial cryptographic standards, and the 5A002.a.1 to a.4; or commercial cryptographic standards (except cryptographic functionality cannot easily be b. Whether the cryptographic capability for for anti-piracy functions, which may be non- changed by the user. data confidentiality specified by 5A002.a is published) and also meet the provisions of Technical Notes: usable without ‘‘cryptographic activation.’’ paragraphs a.2 to a.4 of the Cryptography Note 2: 5A002.a does not control any of the Note (Note 3 in Category 5—Part 2), that have 1. ‘Connected civil industry application’ following items, or specially designed been customized for a specific civil industry means a network-connected consumer or ‘‘information security’’ components therefor: application with features that do not affect civil industry application other than a. Smart cards and smart card ‘readers/ the cryptographic functionality of these ‘‘information security’’, digital writers’ as follows: original non-customized devices; communication, general purpose networking a.1. A smart card or an electronically f. Items, where the ‘‘information security’’ or computing. readable personal document (e.g., token coin, functionality is limited to wireless ‘‘personal 2. ‘Non-arbitrary data’ means sensor or e-passport) that meets any of the following: area network’’ functionality, meeting all of metering data directly related to the stability, a.1.a. The cryptographic capability meets the following: performance or physical measurement of a all of the following: f.1. Implement only published or system (e.g., temperature, pressure, flow rate, a.1.a.1. It is restricted for use in any of the commercial cryptographic standards; and mass, volume, voltage, physical location, following: f.2. The cryptographic capability is limited etc.), that cannot be changed by the user of a.1.a.1.a. Equipment or systems, not to a nominal operating range not exceeding the device. described by 5A002.a.1 to a.4; 30 meters according to the manufacturer’s b. Being a ‘cryptographic activation token’; a.1.a.1.b. Equipment or systems, not using specifications, or not exceeding 100 meters Technical Note: A ‘cryptographic ‘cryptography for data confidentiality’ having according to the manufacturer’s activation token’ is an item designed or a ‘described security algorithm’; or specifications for equipment that cannot modified for any of the following: a.1.a.1.c. Equipment or systems, excluded interconnect with more than seven devices; 1. Converting, by means of ‘‘cryptographic from 5A002.a by entries b. to f. of this Note; g. Mobile telecommunications Radio activation’’, an item not specified by Category and Access Network (RAN) equipment designed 5—Part 2 into an item specified by 5A002.a a.1.a.2. It cannot be reprogrammed for any for civil use, which also meet the provisions or 5D002.c.1, and not released by the other use; or of paragraphs a.2 to a.4 of the Cryptography Cryptography Note (Note 3 in Category 5— a.1.b. Having all of the following: Note (Note 3 in Category 5—Part 2), having Part 2); or

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56317

2. Enabling, by means of ‘‘cryptographic List Based License Exceptions (See Part 740 License Requirements Notes: activation’’, additional functionality for a Description of All License Exceptions) (1) See § 744.17 of the EAR for additional specified by 5A002.a of an item already TSR: N/A license requirements for microprocessors specified by Category 5—Part 2; ENC: Yes for certain EI controlled software, having a processing speed of 5 GFLOPS or c. Designed or modified to use or perform see § 740.17 of the EAR for eligibility. more and an arithmetic logic unit with an ‘‘quantum cryptography;’’ access width of 32 bit or more, including Technical Note: ‘‘Quantum cryptography’’ List of Items Controlled those incorporating ‘‘information security’’ is also known as Quantum Key Distribution Related Controls: After classification or self- functionality, and associated ‘‘software’’ and (QKD). classification in accordance with ‘‘technology’’ for the ‘‘production’’ or ‘‘development’’ of such microprocessors. d. Designed or modified to use § 740.17(b) of the EAR, mass market (2) When a person performs or provides cryptographic techniques to generate encryption software that meet eligibility technical assistance that incorporates, or channelizing codes, scrambling codes or requirements are released from ‘‘EI’’ and otherwise draws upon, ‘‘technology’’ that was network identification codes, for systems ‘‘NS’’ controls. This software is designated either obtained in the United States or is of using ultra-wideband modulation techniques as 5D992.c. Related Definitions: 5D002.a controls US-origin, then a release of the ‘‘technology’’ and having any of the following: takes place. Such technical assistance, when d.1. A bandwidth exceeding 500 MHz; or ‘‘software’’ designed or modified to use ‘‘cryptography’’ employing digital or rendered with the intent to aid in the d.2. A ‘‘fractional bandwidth’’ of 20% or ‘‘development’’ or ‘‘production’’ of more; analog techniques to ensure ‘‘information security.’’ encryption commodities or software that e. Designed or modified to use Items: would be controlled for ‘‘EI’’ reasons under cryptographic techniques to generate the ECCN 5A002, 5A004 or 5D002, may require a. ‘‘Software’’ ‘‘specially designed’’ or spreading code for ‘‘spread spectrum’’ authorization under the EAR even if the modified for the ‘‘development,’’ systems, not specified by 5A002.d, including underlying encryption algorithm to be ‘‘production’’ or ‘‘use’’ of any of the the hopping code for ‘‘frequency hopping’’ implemented is from the public domain or is following: systems. not of U.S.-origin. a.1. Equipment specified by 5A002 or ■ 24. In Supplement No. 1 to part 774, ‘‘software’’ specified by 5D002.c.1; List Based License Exceptions (See Part 740 Category 5, ECCN 5D002 is revised to a.2. Equipment specified by 5A003 or for a Description of All License Exceptions) read as follows: ‘‘software’’ specified by 5D002.c.2; or TSR: N/A a.3. Equipment specified by 5A004 or ENC: Yes for certain EI controlled 5D002 ‘‘Software’’ as Follows (see List of ‘‘software’’ specified by 5D002.c.3; technology, see § 740.17 of the EAR for Items Controlled). b. ‘‘Software’’ having the characteristics of eligibility. a ‘cryptographic activation token’ specified License Requirements by 5A002.b; List of Items Controlled Reason for Control: NS, AT, EI c. ‘‘Software’’ having the characteristics of, Related Controls: See also 5E992. This entry or performing or simulating the functions of, does not control ‘‘technology’’ ‘‘required’’ Country chart any of the following: for the ‘‘use’’ of equipment excluded from Control(s) (see Supp. No. 1 c.1. Equipment specified by 5A002.a, .c, .d to part 738) control under the Related Controls or .e; paragraph or the Technical Notes in ECCN NS applies to entire NS Column 1 Note: 5D002.c.1 does not apply to 5A002 or ‘‘technology’’ related to entry. ‘‘software’’ limited to the tasks of ‘‘OAM’’ equipment excluded from control under AT applies to entire AT Column 1 implementing only published or commercial ECCN 5A002. entry. cryptographic standards. Related Definitions: N/A EI applies to ‘‘soft- Refer to § 742.15 of c.2. Equipment specified by 5A003; or Items: ware’’ in the EAR. Note: c.3. Equipment specified by 5A004. a. ‘‘Technology’’ according to the General 5D002.a.1, a.3, .b, Encryption software d. [Reserved] Technology Note for the ‘‘development,’’ c.1 and c.3, for is controlled be- N.B.: See 5D002.b for items formerly ‘‘production’’ or ‘‘use’’ of equipment commodities or cause of its func- specified in 5D002.d. controlled by 5A002, 5A003, 5A004 or ‘‘software’’ con- tional capacity, and ■ 5B002, or of ‘‘software’’ controlled by trolled for EI rea- not because of any 25. In Supplement No. 1 to part 774, 5D002.a or 5D002.c. sons in ECCNs informational value Category 5, ECCN 5E002 is revised to b. ‘‘Technology’’ having the characteristics 5A002, 5A004 or of such software; read as follows: of a ‘cryptographic activation token’ specified 5D002. such software is not 5E002 ‘‘Technology’’ as Follows (See List of by 5A002.b. accorded the same Items Controlled). Note: 5E002 includes ‘‘information treatment under the security’’ technical data resulting from EAR as other ‘‘soft- License Requirements procedures carried out to evaluate or ware’; and for ex- Reason for Control: NS, AT, EI determine the implementation of functions, port licensing pur- features or techniques specified in Category poses, encryption Country chart 5—Part 2. software is treated Control(s) (see Supp. No. 1 ■ under the EAR in to part 738) 26. In Supplement No. 1 to part 774, the same manner Category 6, ECCN 6A002 is revised to as a commodity in- NS applies to entire NS Column 1 read as follows: cluded in ECCN entry. 6A002 Optical Sensors and Equipment, 5A002 AT applies to entire AT Column 1 and ‘‘Components’’ Therefor, as Follows entry. (see List of Items Controlled). License Requirements Note: See § 744.17 EI applies to ‘‘tech- Refer to § 742.15 of of the EAR for additional license nology’’ in 5E002.a the EAR License Requirements requirements for microprocessors having a for commodities or Reason for Control: NS, MT, CC, RS, AT, UN processing speed of 5 GFLOPS or more and ‘‘software’’ con- an arithmetic logic unit with an access width trolled for EI rea- Country chart of 32 bit or more, including those sons in ECCNs Control(s) (see Supp. No. 1 incorporating ‘‘information security’’ 5A002, 5A004 or to part 738) functionality, and associated ‘‘software’’ and 5D002, and to ‘‘technology’’ for the ‘‘production’’ or ‘‘technology’’ in NS applies to entire NS Column 2 ‘‘development’’ of such microprocessors. 5E002.b.. entry.

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56318 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Country chart Note: For the purpose of 6A002.a.1, solid- a.2.b.2.a. A microchannel plate with a hole Control(s) (see Supp. No. 1 state detectors include ‘‘focal plane arrays’’. pitch (center-to-center spacing) of 12 mm or to part 738) a.1.a. ‘‘Space-qualified’’ solid-state less; or detectors having all of the following: a.2.b.2.b. An electron sensing device with MT applies to optical MT Column 1 a.1.a.1. A peak response in the wavelength a non-binned pixel pitch of 500 mm or less, detectors in range exceeding 10 nm but not exceeding 300 ‘‘specially designed’’ or modified to achieve 6A002.a.1, or a.3 nm; and ‘charge multiplication’ other than by a that are ‘‘specially a.1.a.2. A response of less than 0.1% microchannel plate; and designed’’ or modi- relative to the peak response at a wavelength a.2.b.3. ‘‘III/V compound’’ semiconductor fied to protect exceeding 400 nm; (e.g., GaAs or GaInAs) photocathodes and ‘‘missiles’’ against a.1.b. ‘‘Space-qualified’’ solid-state transferred electron photocathodes, having a nuclear effects detectors having all of the following: maximum ‘‘radiant sensitivity’’ exceeding 15 (e.g., Electro- a.1.b.1. A peak response in the wavelength mA/W; magnetic Pulse range exceeding 900 nm but not exceeding a.2.c. ‘‘Specially designed’’ ‘‘components’’ (EMP), X-rays, 1,200 nm; and as follows: combined blast and a.1.b.2. A response ‘‘time constant’’ of 95 a.2.c.1. Microchannel plates having a hole thermal effects), ns or less; pitch (center-to-center spacing) of 12 mm or and usable for a.1.c. ‘‘Space-qualified’’ solid-state less; ‘‘missiles’’. detectors having a peak response in the a.2.c.2. An electron sensing device with a RS applies to RS Column 1 wavelength range exceeding 1,200 nm but non-binned pixel pitch of 500 mm or less, 6A002.a.1, a.2, a.3 not exceeding 30,000 nm; ‘‘specially designed’’ or modified to achieve (except a.3.d.2.a a.1.d. ‘‘Space-qualified’’ ‘‘focal plane ‘charge multiplication’ other than by a and a.3.e for lead arrays’’ having more than 2,048 elements per microchannel plate; selenide based array and having a peak response in the a.2.c.3. ‘‘III–V compound’’ semiconductor focal plane arrays wavelength range exceeding 300 nm but not (e.g., GaAs or GaInAs) photocathodes and (FPAs)), .c, and .f. exceeding 900 nm; transferred electron photocathodes; CC applies to police- CC Column 1 a.2. Image intensifier tubes and ‘‘specially Note: 6A002.a.2.c.3 does not control model infrared designed’’ ‘‘components’’ therefor, as follows: compound semiconductor photocathodes viewers in 6A002.c. Note: 6A002.a.2 does not control non- designed to achieve a maximum ‘‘radiant AT applies to entire AT Column 1 imaging photomultiplier tubes having an sensitivity’’ of any of the following: entry. electron sensing device in the vacuum space a. 10 mA/W or less at the peak response UN applies to See § 746.1(b) for UN limited solely to any of the following: in the wavelength range exceeding 400 nm 6A002.a.1, a.2, a.3 controls a. A single metal anode; or but not exceeding 1,050 nm; or and .c. b. Metal anodes with a center to center b. 15 mA/W or less at the peak response in the wavelength range exceeding 1,050 nm spacing greater than 500 mm. Reporting Requirements but not exceeding 1,800 nm. See § 743.1 of the EAR for reporting Technical Note: ‘Charge multiplication’ is a.3. Non-‘‘space-qualified’’ ‘‘focal plane requirements for exports under License a form of electronic image amplification and arrays’’ as follows: Exceptions, and Validated End-User is defined as the generation of charge carriers N.B.: ‘Microbolometer’ non-‘‘space- authorizations. as a result of an impact ionization gain qualified’’ ‘‘focal plane arrays’’ are only process. ‘Charge multiplication’ sensors may specified by 6A002.a.3.f. List Based License Exceptions (See Part 740 take the form of an image intensifier tube, Technical Note: Linear or two-dimensional for a Description of All License Exceptions) solid state detector or ‘‘focal plane array’’. multi-element detector arrays are referred to LVS: $500 for 6A002.f. a.2.a. Image intensifier tubes having all of as ‘‘focal plane arrays’’; $3,000; except N/A for MT and for the following: 6A002.a.1, a.2, a.3, .c, and .f. a.2.a.1. A peak response in the wavelength Note 1: 6A002.a.3 includes photoconductive arrays and photovoltaic GBS: N/A range exceeding 400 nm but not exceeding 1,050 nm; arrays. List of Items Controlled a.2.a.2. Electron image amplification using Note 2: 6A002.a.3 does not control: Related Controls: (1) See USML Category any of the following: a. Multi-element (not to exceed 16 XII(e) for infrared focal plane arrays, image a.2.a.2.a. A microchannel plate with a hole elements) encapsulated photoconductive intensifier tubes, and related parts and pitch (center-to-center spacing) of 12 mm or cells using either lead sulphide or lead components, subject to the ITAR. (2) See less; or selenide; USML Category XV(e) for space-qualified a.2.a.2.b. An electron sensing device with b. Pyroelectric detectors using any of the focal plane arrays subject to the ITAR. (3) a non-binned pixel pitch of 500 mm or less, following: See also ECCNs 6A102, 6A202, and 6A992. ‘‘specially designed’’ or modified to achieve b.1. Triglycine sulphate and variants; (4) See ECCN 0A919 for foreign-made ‘charge multiplication’ other than by a b.2. Lead-lanthanum-zirconium titanate military commodities that incorporate microchannel plate; and and variants; commodities described in 6A002. (5) a.2.a.3. Any of the following b.3. Lithium tantalate; Section 744.9 imposes a license photocathodes: b.4. Polyvinylidene fluoride and variants; requirement on commodities described in a.2.a.3.a. Multialkali photocathodes (e.g., or ECCN 6A002 if being exported, reexported, S–20 and S–25) having a luminous b.5. Strontium barium niobate and or transferred (in-country) for use by a sensitivity exceeding 350 mA/lm; variants. military end-user or for incorporation into a.2.a.3.b. GaAs or GaInAs photocathodes; c. ‘‘Focal plane arrays’’ ‘‘specially an item controlled by ECCN 0A919. (6) See or designed’’ or modified to achieve ‘charge USML Categories XII(e) and XV(e)(3) for a.2.a.3.c. Other ‘‘III–V compound’’ multiplication’ and limited by design to have read-out integrated circuits ‘‘subject to the semiconductor photocathodes having a a maximum ‘‘radiant sensitivity’’ of 10 mA/ ITAR.’’ (7) See 6B002 for masks and maximum ‘‘radiant sensitivity’’ exceeding 10 W or less for wavelengths exceeding 760 nm, reticles, ‘‘specially designed’’ for optical mA/W; having all of the following: sensors specified by 6A002.a.1.b or a.2.b. Image intensifier tubes having all of c.1. Incorporating a response limiting 6A002.a.1.d. the following: mechanism designed not to be removed or Related Definitions: N/A a.2.b.1. A peak response in the wavelength modified; and Items: range exceeding 1,050 nm but not exceeding c.2. Any of the following: a. Optical detectors as follows: 1,800 nm; c.2.a. The response limiting mechanism is a.1. ‘‘Space-qualified’’ solid-state detectors a.2.b.2. Electron image amplification using integral to or combined with the detector as follows: any of the following: element; or

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56319

c.2.b. The ‘‘focal plane array’’ is only response in the wavelength range equal to or b. Medical equipment; operable with the response limiting exceeding 8,000 nm but not exceeding 14,000 c. Industrial equipment used for mechanism in place. nm; inspection, sorting or analysis of the d. Thermopile arrays having less than Technical Note: For the purposes of properties of materials; 5,130 elements; 6A002.a.3.f, ‘microbolometer’ is defined as a d. Flame detectors for industrial furnaces; Technical Note: A response limiting thermal imaging detector that, as a result of e. Equipment ‘‘specially designed’’ for mechanism integral to the detector element a temperature change in the detector caused laboratory use. is designed not to be removed or modified by the absorption of infrared radiation, is d. Special support ‘‘components’’ for without rendering the detector inoperable. used to generate any usable signal. optical sensors, as follows: a.3.a. Non-‘‘space-qualified’’ ‘‘focal plane a.3.g. Non-‘‘space-qualified’’ ‘‘focal plane d.1. ‘‘Space-qualified’’ cryocoolers; arrays’’ having all of the following: arrays’’ having all of the following: d.2. Non-‘‘space-qualified’’ cryocoolers a.3.a.1. Individual elements with a peak a.3.g.1. Individual detector elements with a having a cooling source temperature below ¥ ° response within the wavelength range peak response in the wavelength range 218 K ( 55 C), as follows: exceeding 900 nm but not exceeding 1,050 exceeding 400 nm but not exceeding 900 nm; d.2.a. Closed cycle type with a specified nm; and a.3.g.2. ‘‘Specially designed’’ or modified Mean-Time-To-Failure (MTTF) or Mean- a.3.a.2. Any of the following: to achieve ‘charge multiplication’ and having Time-Between-Failures (MTBF), exceeding a.3.a.2.a. A response ‘‘time constant’’ of a maximum ‘‘radiant sensitivity’’ exceeding 2,500 hours; less than 0.5 ns; or 10 mA/W for wavelengths exceeding 760 nm; d.2.b. Joule-Thomson (JT) self-regulating a.3.a.2.b. ‘‘Specially designed’’ or modified and minicoolers having bore (outside) diameters to achieve ‘charge multiplication’ and having a.3.g.3. Greater than 32 elements; of less than 8 mm; a maximum ‘‘radiant sensitivity’’ exceeding b. ‘‘Monospectral imaging sensors’’ and d.3. Optical sensing fibers specially 10 mA/W; ‘‘multispectral imaging sensors’’, designed fabricated either compositionally or a.3.b. Non-‘‘space-qualified’’ ‘‘focal plane for remote sensing applications and having structurally, or modified by coating, to be arrays’’ having all of the following: any of the following: acoustically, thermally, inertially, a.3.b.1. Individual elements with a peak b.1. An Instantaneous-Field-Of-View electromagnetically or nuclear radiation response in the wavelength range exceeding (IFOV) of less than 200 mrad (microradians); sensitive. or 1,050 nm but not exceeding 1,200 nm; and Note: 6A002.d.3 does not apply to b.2. Specified for operation in the a.3.b.2. Any of the following: encapsulated optical sensing fibers a.3.b.2.a. A response ‘‘time constant’’ of 95 wavelength range exceeding 400 nm but not exceeding 30,000 nm and having all the ‘‘specially designed’’ for bore hole sensing ns or less; or applications. a.3.b.2.b. ‘‘Specially designed’’ or modified following: to achieve ‘charge multiplication’ and having b.2.a. Providing output imaging data in e. [Reserved] a maximum ‘‘radiant sensitivity’’ exceeding digital format; and f. ‘Read-Out Integrated Circuits’ (‘ROIC’) 10 mA/W; b.2.b. Having any of the following ‘‘specially designed’’ for ‘‘focal plane arrays’’ a.3.c. Non-‘‘space-qualified’’ non-linear (2- characteristics: specified by 6A002.a.3. dimensional) ‘‘focal plane arrays’’ having b.2.b.1. ‘‘Space-qualified’’; or Note: 6A002.f does not apply to read-out individual elements with a peak response in b.2.b.2. Designed for airborne operation, integrated circuits ‘‘specially designed’’ for the wavelength range exceeding 1,200 nm but using other than silicon detectors, and having civil automotive applications. not exceeding 30,000 nm; an IFOV of less than 2.5 mrad (milliradians); Technical Note: A ‘Read-Out Integrated N.B.: Silicon and other material based Note: 6A002.b.1 does not control Circuit’ (‘ROIC’) is an integrated circuit ‘microbolometer’ non-‘‘space-qualified’’ ‘‘monospectral imaging sensors’’ with a peak designed to underlie or be bonded to a ‘‘focal ‘‘focal plane arrays’’ are only specified by response in the wavelength range exceeding plane array’’ (‘‘FPA’’) and used to read-out 6A002.a.3.f. 300 nm but not exceeding 900 nm and only (i.e., extract and register) signals produced by a.3.d. Non-‘‘space-qualified’’ linear (1- incorporating any of the following non- the detector elements. At a minimum the dimensional) ‘‘focal plane arrays’’ having all ‘‘space-qualified’’ detectors or non-‘‘space- of the following: qualified’’ ‘‘focal plane arrays’’: ‘ROIC’ reads the charge from the detector a.3.d.1. Individual elements with a peak elements by extracting the charge and a. Charge Coupled Devices (CCD) not applying a multiplexing function in a response in the wavelength range exceeding designed or modified to achieve ‘charge 1,200 nm but not exceeding 3,000 nm; and manner that retains the relative spatial multiplication’; or position and orientation information of the a.3.d.2. Any of the following: b. Complementary Metal Oxide a.3.d.2.a. A ratio of ‘scan direction’ detector elements for processing inside or Semiconductor (CMOS) devices not designed outside the ‘ROIC’. dimension of the detector element to the or modified to achieve ‘charge ‘cross-scan direction’ dimension of the multiplication’. ■ 27. In Supplement No. 1 to part 774, detector element of less than 3.8; or c. ‘Direct view’ imaging equipment a.3.d.2.b. Signal processing in the detector incorporating any of the following: Category 6, ECCN 6A003 is revised to elements; c.1. Image intensifier tubes having the read as follows: Note: 6A002.a.3.d does not control ‘‘focal characteristics listed in 6A002.a.2.a or 6A003 Cameras, Systems or Equipment, plane arrays’’ (not to exceed 32 elements) 6A002.a.2.b; and ‘‘Components’’ Therefor, as Follows having detector elements limited solely to c.2. ‘‘Focal plane arrays’’ having the (See List of Items Controlled). germanium material. characteristics listed in 6A002.a.3; or c.3. Solid state detectors specified by License Requirements Technical Note: For the purposes of 6A002.a.1; Reason for Control: NS, NP, RS, AT, UN 6A002.a.3.d, ‘cross-scan direction’ is defined as the axis parallel to the linear array of Technical Note: ‘Direct view’ refers to Country Chart detector elements and the ‘scan direction’ is imaging equipment that presents a visual image to a human observer without Control(s) (see Supp. No. 1 defined as the axis perpendicular to the to part 738) linear array of detector elements. converting the image into an electronic signal for television display, and that cannot record a.3.e. Non-‘‘space-qualified’’ linear (1- or store the image photographically, NS applies to entire NS Column 2 dimensional) ‘‘focal plane arrays’’ having electronically or by any other means. entry. individual elements with a peak response in NP applies to cam- NP Column 1 the wavelength range exceeding 3,000 nm but Note: 6A002.c does not control equipment eras controlled by not exceeding 30,000 nm; as follows, when incorporating other than 6A003.a.3 or a.4 a.3.f. Non-‘‘space-qualified’’ non-linear (2- GaAs or GaInAs photocathodes: and to plug-ins in dimensional) infrared ‘‘focal plane arrays’’ a. Industrial or civilian intrusion alarm, 6A003.a.6 for cam- based on ‘microbolometer’ material having traffic or industrial movement control or eras controlled by individual elements with an unfiltered counting systems; 6A003.a.3 or a.4.

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56320 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Country Chart controlled under this entry. (2) Also see maximum number of ‘‘active pixels’’ used for Control(s) (see Supp. No. 1 ECCN 6A203. (3) See ECCN 0A919 for capturing moving images. to part 738) foreign made military commodities that 2. For the purpose of this entry, ‘camera incorporate cameras described in 6A003. tracking data’ is the information necessary to RS applies to RS Column 1 (4) Section 744.9 imposes a license define camera line of sight orientation with 6A003.b.3, requirement on cameras described in respect to the earth. This includes: (1) the 6A003.b.4.a, 6A003 if being exported, reexported, or horizontal angle the camera line of sight 6A003.b.4.c and to transferred (in-country) for use by a makes with respect to the earth’s magnetic items controlled in military end-user or for incorporation into field direction and; (2) the vertical angle 6A003.b.4.b that a commodity controlled by ECCN 0A919. between the camera line of sight and the have a frame rate (5) See USML Category XII(c) and (e) for earth’s horizon. greater than 60 Hz cameras subject to the ITAR. b.2. Scanning cameras and scanning or that incorporate Related Definitions: N/A camera systems, having all of the following: a focal plane array Items: b.2.a. A peak response in the wavelength with more than a. Instrumentation cameras and ‘‘specially range exceeding 10 nm, but not exceeding 111,000 elements, designed’’ ‘‘components’’ therefor, as follows: 30,000 nm; or to items in b.2.b. Linear detector arrays with more 6A003.b.4.b when Note: Instrumentation cameras, controlled than 8,192 elements per array; and being exported or by 6A003.a.3 to 6A003.a.5, with modular b.2.c. Mechanical scanning in one reexported to be structures should be evaluated by their direction; maximum capability, using plug-ins embedded in a civil Note: 6A003.b.2 does not apply to scanning product. (But see available according to the camera manufacturer’s specifications. cameras and scanning camera systems, § 742.6(a)(2)(iii) ‘‘specially designed’’ for any of the following: and (v) for certain a.1. [Reserved] a. Industrial or civilian photocopiers; exemptions). a.2. [Reserved] RS applies to items RS Column 2 a.3. Electronic streak cameras having b. Image scanners ‘‘specially designed’’ for controlled in temporal resolution better than 50 ns; civil, stationary, close proximity scanning 6A003.b.4.b that a.4. Electronic framing cameras having a applications (e.g., reproduction of images or have a frame rate speed exceeding 1,000,000 frames/s; print contained in documents, artwork or of 60 Hz or less a.5. Electronic cameras having all of the photographs); or and that incor- following: c. Medical equipment. porate a focal a.5.a. An electronic shutter speed (gating b.3. Imaging cameras incorporating image plane array with capability) of less than 1ms per full frame; intensifier tubes having the characteristics not more than and listed in 6A002.a.2.a or 6A002.a.2.b; 111,000 elements if a.5.b. A read out time allowing a framing b.4. Imaging cameras incorporating ‘‘focal not being exported rate of more than 125 full frames per second; plane arrays’’ having any of the following: or reexported to be a.6. Plug-ins having all of the following b.4.a. Incorporating ‘‘focal plane arrays’’ embedded in a civil characteristics: controlled by 6A002.a.3.a to 6A002.a.3.e; product. a.6.a. ‘‘Specially designed’’ for b.4.b. Incorporating ‘‘focal plane arrays’’ AT applies to entire AT Column 1 instrumentation cameras which have controlled by 6A002.a.3.f; or entry. modular structures and that are controlled by b.4.c. Incorporating ‘‘focal plane arrays’’ UN applies to See § 746.1(b) for UN 6A003.a; and controlled by 6A002.a.3.g; 6A003.b.3 and b.4. controls a.6.b. Enabling these cameras to meet the Note 1: Imaging cameras described in characteristics specified by 6A003.a.3, 6A003.b.4 include ‘‘focal plane arrays’’ License Requirement Note: Commodities 6A003.a.4 or 6A003.a.5, according to the combined with sufficient ‘‘signal processing’’ that are not subject to the ITAR but are of the manufacturer’s specifications; electronics, beyond the read out integrated type described in USML Category XII(c) are b. Imaging cameras as follows: circuit, to enable as a minimum the output controlled as cameras in ECCN 6A003 when Note: 6A003.b does not control television of an analog or digital signal once power is they incorporate a camera controlled in this supplied. ECCN. or video cameras ‘‘specially designed’’ for television broadcasting. Note 2: 6A003.b.4.a does not control Reporting Requirements b.1. Video cameras incorporating solid imaging cameras incorporating linear ‘‘focal See § 743.3 of the EAR for thermal camera state sensors, having a peak response in the plane arrays’’ with 12 elements or fewer, not reporting for exports that are not authorized wavelength range exceeding 10 nm, but not employing time-delay-and-integration within by an individually validated license of exceeding 30,000 nm and having all of the the element and designed for any of the thermal imaging cameras controlled by ECCN following: following: 6A003.b.4.b to destinations in Country Group b.1.a. Having any of the following: a. Industrial or civilian intrusion alarm, A:1 (see Supplement No. 1 to part 740 of the b.1.a.1. More than 4 x 106 ‘‘active pixels’’ traffic or industrial movement control or EAR), must be reported to BIS. per solid state array for monochrome (black counting systems; and white) cameras; b. Industrial equipment used for inspection List Based License Exceptions (See Part 740 b.1.a.2. More than 4 x 106 ‘‘active pixels’’ or monitoring of heat flows in buildings, for a Description of All License Exceptions) per solid state array for color cameras equipment or industrial processes; LVS: $1,500, except N/A for 6A003.a.3 incorporating three solid state arrays; or c. Industrial equipment used for through a.6, b.1, b.3 and b.4 b.1.a.3. More than 12 x 106 ‘‘active pixels’’ inspection, sorting or analysis of the GBS: N/A for solid state array color cameras properties of materials; Special Conditions for STA incorporating one solid state array; and d. Equipment ‘‘specially designed’’ for b.1.b. Having any of the following: laboratory use; or STA: License Exception STA may not be b.1.b.1. Optical mirrors controlled by e. Medical equipment. used to ship any commodity in 6A003.b.3 6A004.a.; or b.4 to any of the destinations listed in Note 3: 6A003.b.4.b does not control b.1.b.2. Optical control equipment imaging cameras having any of the following: Country Group A:6 (See Supplement No.1 controlled by 6A004.d.; or to part 740 of the EAR). a. A maximum frame rate equal to or less b.1.b.3. The capability for annotating than 9 Hz; List of Items Controlled internally generated ‘camera tracking data’; b. Having all of the following: Related Controls: (1) See ECCNs 6E001 Technical Notes: 1. Having a minimum horizontal or vertical (‘‘development’’), 6E002 (‘‘production’’), 1. For the purposes of this entry, digital ‘Instantaneous-Field-of-View (IFOV)’ of at and 6E201 (‘‘use’’) for technology for items video cameras should be evaluated by the least 2 mrad (milliradians);

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56321

2. Incorporating a fixed focal-length lens removed from the system(s) or equipment for Country chart that is not designed to be removed; which it was intended; Control(s) (see Supp. No. 1 3. Not incorporating a ‘direct view’ display; b. Where the camera is ‘‘specially to part 738) and designed’’ for installation into a civilian Technical Note: ‘Direct view’ refers to an passenger land vehicle or passenger and NP applies to lasers NP Column 1 imaging camera operating in the infrared vehicle ferries and having all of the following: controlled by spectrum that presents a visual image to a 1. The placement and configuration of the 6A005.a.2, a.3, a.4, human observer using a near-to-eye micro camera within the vehicle or ferry are solely b.2.b, b.3, b.4, display incorporating any light-security to assist the driver or operator in the safe b.6.c, c.1.b, c.2.b, mechanism. operation of the vehicle or ferry; d.2, d.3.c, or d.4.c 2. Is only operable when installed in any that meet or ex- 4. Having any of the following: of the following: ceed the technical a. No facility to obtain a viewable image of a. The civilian passenger land vehicle for parameters de- the detected field-of-view; or which it was intended and the vehicle weighs scribed in 6A205. b. The camera is designed for a single kind less than 4,500 kg (gross vehicle weight); AT applies to entire AT Column 1 of application and designed not to be user b. The passenger and vehicle ferry for entry. modified; or which it was intended and having a length Technical Note: overall (LOA) 65 m or greater; or List Based License Exceptions (See Part 740 for a Description of All License Exceptions) ‘Instantaneous Field of View (IFOV)’ c. A ‘‘specially designed’’, authorized specified in Note 3.b is the lesser figure of the maintenance test facility; and LVS: N/A for NP items; $3,000 for all other ‘Horizontal FOV’ or the ‘Vertical FOV’. 3. Incorporates an active mechanism that items ‘Horizontal IFOV’ = horizontal Field of forces the camera not to function when it is GBS: Neodymium-doped (other than glass) View (FOV)/number of horizontal detector removed from the vehicle for which it was ‘‘lasers’’ controlled by 6A005.b.6.d.2 elements. intended; (except 6A005.b.6.d.2.b) that have an ‘Vertical IFOV’= vertical Field of View c. Limited by design to have a maximum output wavelength exceeding 1,000 nm, (FOV)/number of vertical detector elements. ‘‘radiant sensitivity’’ of 10 mA/W or less for but not exceeding 1,100 nm, and an c. The camera is ‘‘specially designed’’ for wavelengths exceeding 760 nm, having all of average or CW output power not exceeding installation into a civilian passenger land the following: 2 kW, and operate in a pulse-excited, non- vehicle and having all of the following: 1. Incorporating a response limiting ‘‘Q-switched’’ multiple-transverse mode, or 1. The placement and configuration of the mechanism designed not to be removed or in a continuously excited, multiple- camera within the vehicle are solely to assist modified; and transverse mode; Dye and Liquid Lasers the driver in the safe operation of the vehicle; 2. Incorporates an active mechanism that controlled by 6A005.c.1, c.2 and c.3, 2. Is operable only when installed in any forces the camera not to function when the except for a pulsed single longitudinal mode oscillator having an average output of the following: response limiting mechanism is removed; power exceeding 1 W and a repetition rate a. The civilian passenger land vehicle for and exceeding 1 kHz if the ‘‘pulse duration’’ is which it was intended and the vehicle weighs 3. Not ‘‘specially designed’’ or modified for less than 100 ns; CO ‘‘lasers’’ controlled by less than 4,500 kg (gross vehicle weight); or underwater use; or d. Having all of the following: 6A005.d.2 having a CW maximum rated b. A ‘‘specially designed’’, authorized single or multimode output power not maintenance test facility; and 1. Not incorporating a ’direct view’ or electronic image display; exceeding 10 kW; CO2 or CO/CO2 ‘‘lasers’’ 3. Incorporates an active mechanism that controlled by 6A005.d.3 having an output forces the camera not to function when it is 2. Has no facility to output a viewable image of the detected field of view; wavelength in the range from 9,000 to removed from the vehicle for which it was 11,000 nm and having a pulsed output not intended. 3. The ‘‘focal plane array’’ is only operable when installed in the camera for which it was exceeding 2 J per pulse and a maximum Note: When necessary, details of the items intended; and rated average single or multimode output will be provided, upon request, to the Bureau 4. The ‘‘focal plane array’’ incorporates an power not exceeding 5 kW; and CO2 of Industry and Security in order to ascertain active mechanism that forces it to be ‘‘lasers’’ controlled by 6A005.d.3 that compliance with the conditions described in permanently inoperable when removed from operate in CW multiple-transverse mode, Note 3.b.4 and Note 3.c in this Note to the camera for which it was intended. and having a CW output power not 6A003.b.4.b. exceeding 15 kW. Note: When necessary, details of the item Note 4: 6A003.b.4.c does not apply to will be provided, upon request, to the Bureau List of Items Controlled ‘imaging cameras’ having any of the of Industry and Security in order to ascertain Related Controls (1) See ECCN 6D001 for following characteristics: compliance with the conditions described in ‘‘software’’ for items controlled under this a. Having all of the following: Note 4 above. entry. (2) See ECCNs 6E001 1. Where the camera is ‘‘specially b.5. Imaging cameras incorporating solid- (‘‘development’’), 6E002 (‘‘production’’), designed’’ for installation as an integrated state detectors specified by 6A002.a.1. and 6E201 (‘‘use’’) for technology for items component into indoor and wall-plug- ■ controlled under this entry. (3) Also see operated systems or equipment, limited by 28. In Supplement No. 1 to part 774, ECCNs 6A205 and 6A995. (4) See ECCN design for a single kind of application, as Category 6, ECCN 6A005 is revised to 3B001 for excimer ‘‘lasers’’ ‘‘specially follows: read as follows: designed’’ for lithography equipment. (5) a. Industrial process monitoring, quality 6A005 ‘‘Lasers,’’ ‘‘Components’’ and ‘‘Lasers’’ ‘‘specially designed’’ or prepared control, or analysis of the properties of Optical Equipment, as Follows (See List of for use in isotope separation are subject to materials; Items Controlled), Excluding Items That the export licensing authority of the b. Laboratory equipment ‘‘specially Are Subject to the Export Licensing Nuclear Regulatory Commission (see 10 designed’’ for scientific research; Authority of the Nuclear Regulatory CFR part 110). (6) See USML Category c. Medical equipment; Commission (See 10 CFR Part 110). XII(b) and (e) for laser systems or lasers d. Financial fraud detection equipment; subject to the ITAR. (7) See USML Category and License Requirements XVIII for certain laser-based directed 2. Is only operable when installed in any Reason for Control: NS, NP, AT energy weapon systems, equipment, and of the following: components subject to the ITAR. a. The system(s) or equipment for which it Country chart Related Definitions: (1) ‘Wall-plug efficiency’ was intended; or Control(s) (see Supp. No. 1 is defined as the ratio of ‘‘laser’’ output b. A ‘‘specially designed,’’ authorized to part 738) power (or ‘‘average output power’’) to total maintenance facility; and electrical input power required to operate 3. Incorporates an active mechanism that NS applies to entire NS Column 2 the ‘‘laser’’, including the power supply/ forces the camera not to function when it is entry. conditioning and thermal conditioning/

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56322 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

heat exchanger, see 6A005.a.6.b.1 and a.6.a.2.a. Average output power exceeding b.2.b. ‘‘Average output power’’ exceeding 6A005.b.6; (2) ‘Non-repetitive pulsed’ 500 W; and 30 W; refers to ‘‘lasers’’ that produce either a a.6.a.2.b. Spectral bandwidth less than 40 Note: 6A005.b.2.b does not control Argon single output pulse or that have a time GHz; or ‘‘lasers’’ having an ‘‘average output power’’ interval between pulses exceeding one a.6.b. ‘Multiple transverse mode’ output equal to or less than 50 W. minute, see Note 2 of 6A005 and and any of the following: b.3. Output wavelength exceeding 510 nm, 6A005.d.6. a.6.b.1. ‘Wall-plug efficiency’ exceeding but not exceeding 540 nm and any of the Items: 18% and output power exceeding 1,000 W; following: Notes: or b.3.a. ‘Single transverse mode’ output and a.6.b.2. Output power exceeding 2 kW; 1. Pulsed ‘‘lasers’’ include those that run any of the following: in a continuous wave (CW) mode with pulses Note 1: 6A005.a.6.b does not control b.3.a.1. Output energy exceeding 1.5 J per superimposed. ‘multiple transverse mode’, industrial pulse and ‘‘peak power’’ exceeding 50 W; or 2. Excimer, semiconductor, chemical, CO, ‘‘lasers’’ with output power exceeding 2 kW b.3.a.2. ‘‘Average output power’’ exceeding and not exceeding 6 kW with a total mass CO2, and ‘non-repetitive pulsed’ Nd:glass 50 W; or ‘‘lasers’’ are only specified by 6A005.d. greater than 1,200 kg. For the purpose of this b.3.b. ‘Multiple transverse mode’ output note, total mass includes all ‘‘components’’ Technical Note: ‘Non-repetitive pulsed’ and any of the following: required to operate the ‘‘laser,’’ e.g., ‘‘laser,’’ b.3.b.1. Output energy exceeding 1.5 J per refers to ‘‘lasers’’ that produce either a single power supply, heat exchanger, but excludes output pulse or that have a time interval pulse and ‘‘peak power’’ exceeding 150 W; or external optics for beam conditioning or b.3.b.2. ‘‘Average output power’’ exceeding between pulses exceeding one minute. delivery. 150 W; 3. 6A005 includes fiber ‘‘lasers’’. Note 2: 6A005.a.6.b does not apply to b.4. Output wavelength exceeding 540 nm 4. The control status of ‘‘lasers’’ ‘multiple transverse mode’, industrial but not exceeding 800 nm and any of the incorporating frequency conversion (i.e., ‘‘lasers’’ having any of the following: following: wavelength change) by means other than one b.4.a. ‘‘Pulse duration’’ less than 1 ps and a. [Reserved]; ‘‘laser’’ pumping another ‘‘laser’’ is any of the following: b. Output power exceeding 1 kW but not determined by applying the control b.4.a.1. Output energy exceeding 0.005 J exceeding 1.6 kW and having a BPP parameters for both the output of the source per pulse and ‘‘peak power’’ exceeding 5 GW; exceeding 1.25 mm•mrad; ‘‘laser’’ and the frequency-converted optical or c. Output power exceeding 1.6 kW but not output. b.4.a.2. ‘‘Average output power’’ exceeding exceeding 2.5 kW and having a BPP 5. 6A005 does not control ‘‘lasers’’ as 20 W; or exceeding 1.7 mm•mrad; follows: b.4.b. ‘‘Pulse duration’’ equal to or d. Output power exceeding 2.5 kW but not a. Ruby with output energy below 20 J; exceeding 1 ps and any of the following: b. Nitrogen; exceeding 3.3 kW and having a BPP • b.4.b.1. Output energy exceeding 1.5 J per c. Krypton. exceeding 2.5 mm mrad; pulse and ‘‘peak power’’ exceeding 30 W; or 6. For the purposes of 6A005.a and e. Output power exceeding 3.3 kW but not b.4.b.2. ‘‘Average output power’’ exceeding 6A005.b, ‘single transverse mode’ refers to exceeding 6 kW and having a BPP exceeding • 30 W; ‘‘lasers’’ with a beam profile having an M2- 3.5 mm mrad; b.5. Output wavelength exceeding 800 nm factor of less than 1.3, while ‘multiple f. [Reserved] but not exceeding 975 nm and any of the transverse mode’ refers to ‘‘lasers’’ with a g. [Reserved] following: beam profile having an M2-factor of 1.3 or h. Output power exceeding 6 kW but not b.5.a. ‘‘Pulse duration’’ less than 1ps and higher. exceeding 8 kW and having a BPP exceeding • any of the following: a. Non-‘‘tunable’’ continuous wave ‘‘(CW) 12 mm mrad; or b.5.a.1. Output energy exceeding 0.005 J lasers’’ having any of the following: i. Output power exceeding 8 kW but not per pulse and ‘‘peak power’’ exceeding 5 GW; a.1. Output wavelength less than 150 nm exceeding 10 kW and having a BPP • or and output power exceeding 1W; exceeding 24 mm mrad; b.5.a.2. ‘Single transverse mode’ output a.2. Output wavelength of 150 nm or more a.7. Output wavelength exceeding 1,150 and ‘‘average output power’’ exceeding 20 W; but not exceeding 510 nm and output power nm but not exceeding 1,555 nm and any of b.5.b. ‘‘Pulse duration’’ equal to or exceeding 30 W; the following: exceeding 1 ps and not exceeding 1 ms and a.7.a. ‘Single transverse mode’ and output Note: 6A005.a.2 does not control Argon any of the following: power exceeding 50 W; or ‘‘lasers’’ having an output power equal to or b.5.b.1. Output energy exceeding 0.5 J per a.7.b. ‘Multiple transverse mode’ and less than 50 W. pulse and ‘‘peak power’’ exceeding 50 W; output power exceeding 80 W; b.5.b.2. ‘Single transverse mode’ output a.3. Output wavelength exceeding 510 nm a.8. Output wavelength exceeding 1,555 and ‘‘average output power’’ exceeding 20 W; but not exceeding 540 nm and any of the nm but not exceeding 1,850 nm and output or following: power exceeding 1 W; b.5.b.3. ‘Multiple transverse mode’ output a.3.a. ‘Single transverse mode’ output and a.9. Output wavelength exceeding 1,850 and ‘‘average output power’’ exceeding 50 W; output power exceeding 50 W; or nm but not exceeding 2,100 nm, and any of or a.3.b. ‘Multiple transverse mode’ output the following: b.5.c. ‘‘Pulse duration’’ exceeding 1 ms and and output power exceeding 150 W; a.9.a. ‘Single transverse mode’ and output any of the following: a.4. Output wavelength exceeding 540 nm power exceeding 1 W; or b.5.c.1. Output energy exceeding 2 J per but not exceeding 800 nm and output power a.9.b. ‘Multiple transverse mode’ output pulse and ‘‘peak power’’ exceeding 50 W; exceeding 30 W; and output power exceeding 120 W; or b.5.c.2. ‘Single transverse mode’ output a.5. Output wavelength exceeding 800 nm a.10. Output wavelength exceeding 2,100 and ‘‘average output power’’ exceeding 50 W; but not exceeding 975 nm and any of the nm and output power exceeding 1 W; or following: b. Non-‘‘tunable’’ ‘‘pulsed lasers’’ having b.5.c.3. ‘Multiple transverse mode’ output a.5.a. ‘Single transverse mode’ output and any of the following: and ‘‘average output power’’ exceeding 80 W. output power exceeding 50 W; or b.1. Output wavelength less than 150 nm b.6. Output wavelength exceeding 975 nm a.5.b. ‘Multiple transverse mode’ output and any of the following: but not exceeding 1,150 nm and any of the and output power exceeding 80 W; b.1.a. Output energy exceeding 50 mJ per following: a.6. Output wavelength exceeding 975 nm pulse and ‘‘peak power’’ exceeding 1 W; or b.6.a. ‘‘Pulse duration’’ of less than 1 ps, but not exceeding 1,150 nm and any of the b.1.b. ‘‘Average output power’’ exceeding 1 and any of the following: following; W; b.6.a.1. Output ‘‘peak power’’ exceeding 2 a.6.a. ‘Single transverse mode’ output and b.2. Output wavelength of 150 nm or more GW per pulse; any of the following: but not exceeding 510 nm and any of the b.6.a.2. ‘‘Average output power’’ exceeding a.6.a.1. Average output power exceeding following: 30 W; or 1,000 W; or b.2.a. Output energy exceeding 1.5 J per b.6.a.3. Output energy exceeding 0.002 J a.6.a.2. Having all of the following: pulse and ‘‘peak power’’ exceeding 30 W; or per pulse;

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56323

b.6.b. ‘‘Pulse duration’’ equal to or b.7.b.2. ‘Single transverse mode’ output d.1.a. Individual single transverse mode exceeding 1 ps and less than 1 ns, and any and ‘‘average output power’’ exceeding 50 W; semiconductor ‘‘lasers’’ having any of the of the following: or following: b.6.b.1. Output ‘‘peak power’’ exceeding 5 b.7.b.3. ‘Multiple transverse mode’ output d.1.a.1. Wavelength equal to or less than GW per pulse; and ‘‘average output power’’ exceeding 80 W; 1,510 nm and average or CW output power, b.6.b.2. ‘‘Average output power’’ exceeding b.8. Output wavelength exceeding 1,555 exceeding 1.5 W; or 50 W; or nm but not exceeding 1,850 nm, and any of d.1.a.2. Wavelength greater than 1,510 nm b.6.b.3. Output energy exceeding 0.1 J per the following: and average or CW output power, exceeding pulse; b.8.a. Output energy exceeding 100 mJ per 500 mW; b.6.c. ‘‘Pulse duration’’ equal to or pulse and ‘‘peak power’’ exceeding 1 W; or d.1.b. Individual ‘multiple-transverse exceeding 1 ns but not exceeding 1 ms and b.8.b. ‘‘Average output power’’ exceeding 1 mode’ semiconductor ‘‘lasers’’ having any of any of the following: W; the following: b.6.c.1. ‘Single transverse mode’ output b.9. Output wavelength exceeding 1,850 d.1.b.1. Wavelength of less than 1,400 nm and any of the following: nm but not exceeding 2,100 nm, and any of and average or CW output power, exceeding b.6.c.1.a. ‘‘Peak power’’ exceeding 100 the following: 15 W; MW; b.9.a. ‘Single transverse mode’ and any of d.1.b.2. Wavelength equal to or greater than b.6.c.1.b. ‘‘Average output power’’ the following: 1,400 nm and less than 1,900 nm and average exceeding 20 W limited by design to a b.9.a.1. Output energy exceeding 100 mJ or CW output power, exceeding 2.5 W; or maximum pulse repetition frequency less per pulse and ‘‘peak power’’ exceeding 1 W; d.1.b.3. Wavelength equal to or greater than than or equal to 1 kHz; or 1,900 nm and average or CW output power, b.6.c.1.c. ‘Wall-plug efficiency’ exceeding b.9.a.2. ‘‘Average output power’’ exceeding exceeding 1 W; 12%, ‘‘average output power’’ exceeding 100 1 W; d.1.c. Individual semiconductor ‘‘laser’’ W and capable of operating at a pulse b.9.b. ‘Multiple transverse mode’ and any ’bars’ having any of the following: repetition frequency greater than 1 kHz; of the following: d.1.c.1. Wavelength of less than 1,400 nm b.6.c.1.d. ‘‘Average output power’’ b.9.b.1. Output energy exceeding 100 mJ and average or CW output power, exceeding exceeding 150 W and capable of operating at per pulse and ‘‘peak power’’ exceeding 10 100 W; a pulse repetition frequency greater than 1 kW; or d.1.c.2. Wavelength equal to or greater than kHz; or b.9.b.2. ‘‘Average output power’’ exceeding 1,400 nm and less than 1,900 nm and average b.6.c.1.e. Output energy exceeding 2 J per 120 W; or or CW output power, exceeding 25 W; or pulse; or b.10. Output wavelength exceeding 2,100 d.1.c.3. Wavelength equal to or greater than b.6.c.2. ‘Multiple transverse mode’ output nm and any of the following: 1,900 nm and average or CW output power, and any of the following: b.10.a. Output energy exceeding 100 mJ per exceeding 10 W; b.6.c.2.a. ‘‘Peak power’’ exceeding 400 pulse and ‘‘peak power’’ exceeding 1 W; or d.1.d. Semiconductor ‘‘laser’’ ‘stacked MW; b.10.b. ‘‘Average output power’’ exceeding arrays’ (two dimensional arrays) having any b.6.c.2.b. ‘Wall-plug efficiency’ exceeding 1 W; of the following: c. ‘‘Tunable’’ lasers having any of the 18% and ‘‘average output power’’ exceeding d.1.d.1. Wavelength less than 1,400 nm following: and having any of the following: 500 W; c.1. Output wavelength less than 600 nm d.1.d.1.a. Average or CW total output b.6.c.2.c. ‘‘Average output power’’ and any of the following: power less than 3 kW and having average or exceeding 2 kW; or c.1.a. Output energy exceeding 50 mJ per CW output ‘power density’ greater than 500 b.6.c.2.d. Output energy exceeding 4 J per pulse and ‘‘peak power’’ exceeding 1 W; or W/cm2; pulse; or c.1.b. Average or CW output power d.1.d.1.b. Average or CW total output b.6.d. ‘‘Pulse duration’’ exceeding 1 ms and exceeding 1W; power equal to or exceeding 3 kW but less any of the following: than or equal to 5 kW, and having average b.6.d.1. ‘Single transverse mode’ output Note: 6A005.c.1 does not apply to dye or CW output ‘power density’ greater than and any of the following: ‘‘lasers’’ or other liquid ‘‘lasers,’’ having a 350W/cm2; b.6.d.1.a. ‘‘Peak power’’ exceeding 500 kW; multimode output and a wavelength of 150 nm or more but not exceeding 600 nm and d.1.d.1.c. Average or CW total output b.6.d.1.b. ‘Wall-plug efficiency’ exceeding power exceeding 5 kW; 12% and ‘‘average output power’’ exceeding all of the following: 1. Output energy less than 1.5 J per pulse d.1.d.1.d. Peak pulsed ‘power density’ 100 W; or exceeding 2,500 W/cm2; or b.6.d.1.c. ‘‘Average output power’’ or a ‘‘peak power’’ less than 20 W; and exceeding 150 W; or 2. Average or CW output power less than Note: 6A005.d.1.d.1.d does not apply to b.6.d.2. ‘Multiple transverse mode’ output 20 W. epitaxially-fabricated monolithic devices. and any of the following: c.2. Output wavelength of 600 nm or more d.1.d.1.e. Spatially coherent average or CW b.6.d.2.a. ‘‘Peak power’’ exceeding 1 MW; but not exceeding 1,400 nm, and any of the total output power, greater than 150 W; b.6.d.2.b. ‘Wall-plug efficiency’ exceeding following: d.1.d.2. Wavelength greater than or equal 18% and ‘‘average output power’’ exceeding c.2.a. Output energy exceeding 1 J per to 1,400 nm but less than 1,900 nm, and 500 W; or pulse and ‘‘peak power’’ exceeding 20 W; or having any of the following: b.6.d.2.c. ‘‘Average output power’’ c.2.b. Average or CW output power d.1.d.2.a. Average or CW total output exceeding 2 kW; exceeding 20 W; or power less than 250 W and average or CW b.7. Output wavelength exceeding 1,150 c.3. Output wavelength exceeding 1,400 output ‘power density’ greater than 150 W/ nm but not exceeding 1,555 nm and any of nm and any of the following: cm2; the following: c.3.a. Output energy exceeding 50 mJ per d.1.d.2.b. Average or CW total output b.7.a. ‘‘Pulse duration’’ not exceeding 1 ms pulse and ‘‘peak power’’ exceeding 1 W; or power equal to or exceeding 250 W but less and any of the following: c.3.b. Average or CW output power than or equal to 500 W, and having average b.7.a.1. Output energy exceeding 0.5 J per exceeding 1 W; or CW output ‘power density’ greater than 2 pulse and ‘‘peak power’’ exceeding 50 W; d. Other ‘‘lasers’’, not controlled by 50W/cm ; b.7.a.2. ‘Single transverse mode’ output 6A005.a, 6A005.b, or 6A005.c as follows: d.1.d.2.c. Average or CW total output and ‘‘average output power’’ exceeding 20 W; d.1. Semiconductor ‘‘lasers’’ as follows: power exceeding 500 W; or Notes: d.1.d.2.d. Peak pulsed ‘power density’ exceeding 500 W/cm2 b.7.a.3. ‘Multiple transverse mode’ output 1. 6A005.d.1 includes semiconductor ; or and ‘‘average output power’’ exceeding 50 W; ‘‘lasers’’ having optical output connectors Note: 6A005.d.1.d.2.d does not apply to or (e.g., fiber optic pigtails). epitaxially-fabricated monolithic devices. b.7.b. ‘‘Pulse duration’’ exceeding 1 ms and 2. The control status of semiconductor d.1.d.2.e. Spatially coherent average or CW any of the following: ‘‘lasers’’ ‘‘specially designed’’ for other total output power, exceeding 15 W; b.7.b.1. Output energy exceeding 2 J per equipment is determined by the control d.1.d.3. Wavelength greater than or equal pulse and ‘‘peak power’’ exceeding 50 W; status of the other equipment. to 1,900 nm and having any of the following:

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56324 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

d.1.d.3.a. Average or CW output ‘power d.4.b. Output wavelength exceeding 150 e.3.b.1. An insertion loss better (less) than density’ greater than 50 W/cm2; nm but not exceeding 190 nm and any of the 0.5 dB maintained at a rated total average or d.1.d.3.b. Average or CW output power following: CW output power exceeding 4,600 W; greater than 10 W; or d.4.b.1. Output energy exceeding 1.5 J per e.3.b.2. Number of input fibers equal to or d.1.d.3.c. Spatially coherent average or CW pulse; or greater than 3; and total output power, exceeding 1.5 W; or d.4.b.2. ‘‘Average output power’’ exceeding e.3.b.3. Having any of the following: d.1.d.4. At least one ‘‘laser’’ ‘bar’ specified 120 W; e.3.b.3.a. A Beam Parameter Product (BPP) by 6A005.d.1.c; d.4.c. Output wavelength exceeding 190 measured at the output not exceeding 1.5 mm Technical Note: For the purposes of nm but not exceeding 360 nm and any of the mrad for a number of input fibers less than following: 6A005.d.1.d, ’power density’ means the total or equal to 5; or d.4.c.1. Output energy exceeding 10 J per ‘‘laser’’ output power divided by the emitter e.3.b.3.b. A BPP measured at the output not surface area of the ‘stacked array’. pulse; or exceeding 2.5 mm mrad for a number of d.1.e. Semiconductor ‘‘laser’’ ‘stacked d.4.c.2. ‘‘Average output power’’ exceeding 500 W; or input fibers greater than 5; arrays’, other than those specified by e.3.c. MLDs having all of the following: 6.A005.d.1.d, having all of the following: d.4.d. Output wavelength exceeding 360 e.3.c.1. Designed for spectral or coherent d.1.e.1. ‘‘Specially designed’’ or modified nm and any of the following: to be combined with other ‘stacked arrays’ to d.4.d.1. Output energy exceeding 1.5 J per beam combination of 5 or more fiber ‘‘lasers;’’ form a larger ‘stacked array’; and pulse; or and d.1.e.2. Integrated connections, common d.4.d.2. ‘‘Average output power’’ exceeding e.3.c.2. CW ‘‘Laser’’ Induced Damage for both electronics and cooling; 30 W; Threshold (LIDT) greater than or equal to 10 2 Note 1: ‘Stacked arrays’, formed by Note: For excimer ‘‘lasers’’ ‘‘specially kW/cm ; combining semiconductor ‘‘laser’’ ‘stacked designed’’ for lithography equipment, see f. Optical equipment as follows: arrays’ specified by 6A005.d.1.e, that are not 3B001. N.B.: For shared aperture optical elements, designed to be further combined or modified d.5. ‘‘Chemical lasers’’ as follows: capable of operating in ‘‘Super-High Power are specified by 6A005.d.1.d. d.5.a. Hydrogen Fluoride (HF) ‘‘lasers’; Laser’’ (‘‘SHPL’’) applications, see the U.S. d.5.b. Deuterium Fluoride (DF) ‘‘lasers’’; Munitions List (22 CFR part 121). Note 2: ‘Stacked arrays’, formed by f.1. [Reserved] combining semiconductor ‘‘laser’’ ‘stacked d.5.c. ‘Transfer lasers’ as follows: N.B.: For items previously specified by arrays’ specified by 6A005.d.1.e, that are d.5.c.1. Oxygen Iodine (O2-I) ‘‘lasers’’; designed to be further combined or modified d.5.c.2. Deuterium Fluoride-Carbon 6A005.f.1, see 6A004.f. are specified by 6A005.d.1.e. dioxide (DF–CO2) ‘‘lasers’’; f.2. ‘‘Laser’’ diagnostic equipment Technical Note: ‘Transfer lasers’ are ‘‘specially designed’’ for dynamic Note 3: 6A005.d.1.e does not apply to ‘‘lasers’’ in which the lasing species are measurement of ‘‘SHPL’’ system angular modular assemblies of single ‘bars’ designed excited through the transfer of energy by beam steering errors and having an angular to be fabricated into end to end stacked collision of a non-lasing atom or molecule ‘‘accuracy’’ of 10 mrad (microradians) or less linear arrays. with a lasing atom or molecule species. (better); Technical Notes: d.6. ‘Non-repetitive pulsed’ Neodymium f.3. Optical equipment and ‘‘components’’, 1. Semiconductor ‘‘lasers’’ are commonly (Nd) glass ‘‘lasers’’ having any of the ‘‘specially designed’’ for coherent beam called ‘‘laser’’ diodes. following: combination in a phased-array ‘‘SHPL’’ 2. A ‘bar’ (also called a semiconductor d.6.a. A ‘‘pulse duration’’ not exceeding 1 system and having any of the following: ‘‘laser’’ ‘bar’, a ‘‘laser’’ diode ‘bar’ or diode ms and output energy exceeding 50 J per f.3.a. An ‘‘accuracy’’ of 0.1 mm or less, for ‘bar’) consists of multiple semiconductor pulse; or wavelengths greater than 1 mm; or ‘‘lasers’’ in a one dimensional array. d.6.b. A ‘‘pulse duration’’ exceeding 1 ms f.3.b. An ‘‘accuracy’’ of l/10 or less (better) 3. A ‘stacked array’ consists of multiple and output energy exceeding 100 J per pulse; at the designed wavelength, for wavelengths ‘bars’ forming a two dimensional array of e. ‘‘Components’’ as follows: equal to or less than 1 mm; semiconductor ‘‘lasers’’. e.1. Mirrors cooled either by ‘active f.4. Projection telescopes ‘‘specially d.2. Carbon monoxide (CO) ‘‘lasers’’ having cooling’ or by heat pipe cooling; designed’’ for use with ‘‘SHPL’’ systems; any of the following: Technical Note: ‘Active cooling’ is a g. ‘Laser acoustic detection equipment’ d.2.a. Output energy exceeding 2 J per cooling technique for optical ‘‘components’’ having all of the following: pulse and ‘‘peak power’’ exceeding 5 kW; or using flowing fluids within the subsurface g.1. CW ‘‘laser’’ output power greater than d.2.b. Average or CW output power, (nominally less than 1 mm below the optical or equal to 20 mW; exceeding 5 kW; surface) of the optical component to remove g.2. ‘‘Laser’’ frequency stability equal to or d.3. Carbon dioxide (CO2) ‘‘lasers’’ having heat from the optic. any of the following: better (less) than 10 MHz; d.3.a. CW output power exceeding 15 kW; e.2. Optical mirrors or transmissive or g.3. ‘‘Laser’’ wavelengths equal to or d.3.b. Pulsed output with ‘‘pulse duration’’ partially transmissive optical or electro- exceeding 1,000 nm but not exceeding 2,000 exceeding 10 ms and any of the following: optical-’’components,’’ other than fused nm; d.3.b.1. ‘‘Average output power’’ exceeding tapered fiber combiners and Multi-Layer g.4. Optical system resolution better (less) 10 kW; or Dielectric gratings (MLDs), ‘‘specially than 1 nm; and d.3.b.2. ‘‘Peak power’’ exceeding 100 kW; designed’’ for use with controlled ‘‘lasers’’; g.5. Optical Signal to Noise ratio equal or or Note to 6A005.e.2: Fiber combiners and exceeding to 103. d.3.c. Pulsed output with a ‘‘pulse MLDs are specified by 6A005.e.3. Technical Note: ‘Laser acoustic detection duration’’ equal to or less than 10 ms and any e.3. Fiber ‘‘laser’’ ‘‘components’’ as follows: equipment’ is sometimes referred to as a of the following: e.3.a. Multimode to multimode fused ‘‘Laser’’ Microphone or Particle Flow d.3.c.1. Pulse energy exceeding 5 J per tapered fiber combiners having all of the Detection Microphone. pulse; or following: d.3.c.2. ‘‘Average output power’’ exceeding e.3.a.1. An insertion loss better (less) than ■ 29. In Supplement No. 1 to part 774, 2.5 kW; or equal to 0.3 dB maintained at a rated total Category 6, ECCN 6B002 is added to d.4. Excimer ‘‘lasers’’ having any of the average or CW output power (excluding read as follows: following: output power transmitted through the single d.4.a. Output wavelength not exceeding mode core if present) exceeding 1,000 W; and 6B002 Masks and Reticles, ‘‘Specially 150 nm and any of the following: e.3.a.2. Number of input fibers equal to or Designed’’ for Optical Sensors Specified d.4.a.1. Output energy exceeding 50 mJ per greater than 3; by 6A002.a.1.b or 6A002.a.1.d. pulse; or e.3.b. Single mode to multimode fused d.4.a.2. ‘‘Average output power’’ exceeding tapered fiber combiners having all of the License Requirements 1 W; following: Reason for Control: NS, AT

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56325

Country chart Country chart circuits described in USML Categories Control(s) (see Supp. No. 1 to Control(s) (see Supp. No. 1 XII(e) or XV(e)(3) is subject to the ITAR part 738) to part 738) under USML Categories XII(f) or XV(f), respectively. (4) See also 6E101, 6E201, NS applies to entire NS Column 2 CC applies to ‘‘tech- CC Column 1 and 6E991. entry. nology’’ for equip- Related Definitions: N/A AT applies to entire AT Column 1 ment controlled by Items: entry. 6A002 for CC rea- The list of items controlled is contained in sons. the ECCN heading. List Based License Exceptions (See Part 740 AT applies to entire AT Column 1 for a Description of All License Exceptions) entry. ■ 31. In Supplement No. 1 to part 774, LVS: $5,000 UN applies to ‘‘tech- See § 746.1(b) for UN Category 6, ECCN 6E002 is revised to GBS: Yes nology’’ for equip- controls read as follows: ment controlled by 6E002 ‘‘Technology’’ According to the List of Items Controlled 6A002 or 6A003 for General Technology Note for the Related Controls: N/A UN reasons. ‘‘Production’’ of Equipment or Materials Related Definitions: N/A Reporting Requirements Controlled by 6A (Except 6A991, 6A992, Items: See § 743.1 of the EAR for reporting 6A994, 6A995, 6A996, 6A997, 6A998 or The list of items controlled is contained in requirements for exports under License 6A999.c), 6B (Except 6B995) or 6C the ECCN heading. Exceptions, and Validated End-User (except 6C992 or 6C994). authorizations. License Requirements ■ 30. In Supplement No. 1 to part 774, Category 6, ECCN 6E001 is revised to List Based License Exceptions (See Part 740 Reason for Control: NS, MT, NP, RS, CC, AT, for a Description of All License Exceptions) UN read as follows: TSR: Yes, except for the following: (1) Items 6E001 ‘‘Technology’’ According to the controlled for MT reasons; (2) Country chart General Technology Note for the Control(s) (see Supp. No. 1 ‘‘Technology’’ for commodities controlled to part 738) ‘‘Development’’ of Equipment, Materials by 6A002, 6A004.e or 6A008.j.1; (3) or ‘‘Software’’ Controlled by 6A (Except ‘‘Technology’’ for 6A003 cameras, unless NS applies to ‘‘tech- NS Column 1 6A991, 6A992, 6A994, 6A995, 6A996, for ‘‘technology’’ for the integration of nology’’ for equip- 6A997, 6A998, or 6A999.c), 6B (Except 6A003 cameras into camera systems ment controlled by 6B995), 6C (Except 6C992 or 6C994), or ‘‘specially designed’’ for civil automotive 6A001 to 6A008, 6D (Except 6D991, 6D992, or 6D993). applications; (4) ‘‘Technology’’ for 6B002 to 6B008, or ‘‘software’’ ‘‘specially designed’’ for ‘‘space 6C002 to 6C005. License Requirements qualified’’ ‘‘laser’’ radar or Light Detection MT applies to ‘‘tech- MT Column 1 Reason for Control: NS, MT, NP, RS, CC, AT, and Ranging (LIDAR) equipment defined in nology’’ for equip- 6A008.j.1 and controlled by 6D001 or UN ment controlled by 6D002; or (5) Exports or reexports to 6A002, 6A007, destinations outside of those countries Country chart 6A008, 6A102, listed in Country Group A:5 (See Control(s) (see Supp. No. 1 6A107, 6A108, Supplement No. 1 to part 740 of the EAR) to part 738) 6B008, or 6B108 of ‘‘technology’’ for the ‘‘development’’ of for MT reasons. the following: (a) Items controlled by NS applies to ‘‘tech- NS Column 1 NP applies to ‘‘tech- NP Column 1 6A001.a.1.b, 6A001.a.1.e, 6A001.a.2.a.1, nology’’ for items nology’’ for items 6A001.a.2.a.2, 6A001.a.2.a.3, controlled by controlled by 6A001 to 6A008, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 6A001.a.2.d, 6A001.a.2.e., 6A004.c, 6A003, 6A005, 6B002 to 6B008, 6A202, 6A203, 6C002 to 6C005, 6A004.d, 6A006.a.2, 6A006.c.1, 6A006.d, 6A006.e, 6A008.d, 6A008.h, 6A008.k, 6A205, 6A225 or or 6D001 to 6D003. 6A226 for NP rea- MT applies to ‘‘tech- MT Column 1 6B008, or 6D003.a; (b) Equipment controlled by 6A001.a.2.c or 6A001.a.2.f sons. nology’’ for items RS applies to ‘‘tech- RS Column 1 controlled by when ‘‘specially designed’’ for real time applications; or (c) ‘‘Software’’ controlled nology’’ for items 6A002, 6A007, controlled by 6A008, 6A102, by 6D001 and ‘‘specially designed’’ for the ‘‘development’’ or ‘‘production’’ of 6A002.a.1, .a.2, 6A107, 6A108, .a.3, .c, or .f, 6B008, 6B108, equipment controlled by 6B008, or 6D003.a. 6A003.b.3 or .b.4, 6D001, 6D002, or 6A008.j.1. 6D102 or 6D103 Special Conditions for STA CC applies to ‘‘tech- CC Column 1 for MT reasons. STA: License Exception STA may not be nology’’ for equip- NP applies to ‘‘tech- NP Column 1 used to ship or transmit any technology in ment controlled by nology’’ for items this entry to any of the destinations listed 6A002 for CC rea- controlled by in Country Group A:6 (See Supplement sons. 6A003, 6A005, No.1 to part 740 of the EAR). AT applies to entire AT Column 1 6A202, 6A203, entry. 6A205, 6A225, List of Items Controlled UN applies to ‘‘tech- See § 746.1(b) for UN 6A226, 6D001, or Related Controls: (1) Technical data directly nology’’ for equip- controls 6D201 for NP rea- related to satellites and all other items ment controlled by sons. described in USML Category XV are 6A002 or 6A003 for RS applies to ‘‘tech- RS Column 1 subject to the ITAR under USML Category UN reasons. nology’’ for items XV(f). (2) Technical data directly related to controlled by laser systems, infrared imaging systems, Reporting Requirements 6A002.a.1, .a.2, and all other items described in USML See § 743.1 of the EAR for reporting .a.3, .c, or .f, Category XII are subject to the ITAR under requirements for exports under License 6A003.b.3 or .b.4, USML Category XII(f). (3) Technical data Exceptions, and Validated End-User or 6A008.j.1. directly related to read-out integrated authorizations.

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56326 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

List Based License Exceptions (See Part 740 Country chart Country chart for a Description of All License Exceptions) Control(s) (see Supp. No. 1 Control(s) (see Supp. No. 1 TSR: Yes, except for the following: to part 738) to part 738) (1) Items controlled for MT reasons; MT applies to com- MT Column 1 NS applies to entire NS Column 1 (2) ‘‘Technology’’ for commodities modities that meet entry. controlled by 6A002, 6A004.e, or 6A008.j.1; or exceed the pa- MT applies to com- MT Column 1 (3) ‘‘Technology’’ for 6A003 cameras, rameters of 7A102. modities in unless for ‘‘technology’’ for the integration of AT applies to entire AT Column 1 7A003.d that meet 6A003 cameras into camera systems entry. or exceed the pa- ‘‘specially designed’’ for civil automotive rameters of 7A103. applications ; or License Requirement Note: For the AT applies to entire AT Column 1 (4) Exports or reexports to destinations purpose of MT controls only, the term entry. outside of those countries listed in Country ‘stability’ is defined as a measure of the Group A:5 (See Supplement No. 1 to part 740 ability of a specific mechanism or List Based License Exceptions (See Part 740 of the EAR) of ‘‘technology’’ for the performance coefficient to remain invariant for a Description of All License Exceptions) ‘‘production’’ of the following: (a) Items when continuously exposed to a fixed LVS: N/A controlled by 6A001.a.1.b, 6A001.a.1.e, operating condition. (This definition does not GBS: N/A 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, refer to dynamic or servo stability.) (IEEE 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, STD 528–2001 paragraph 2.247) List of Items Controlled 6A004.c, 6A004.d, 6A006.a.2, 6A006.c.1, Related Controls: (1) See also ECCNs 7A103, 6A006.d, 6A006.e, 6A008.d, 6A008.h, List Based License Exceptions (See Part 740 7A611, and 7A994. (2) See USML Category 6A008.k, or 6B008; and (b) Items controlled for a Description of All License Exceptions) XII(d) for guidance or navigation systems by 6A001.a.2.c or 6A001.a.2.f when LVS: N/A subject to the ITAR. ‘‘specially designed’’ for real time GBS: N/A Related Definitions: N/A applications. Items: List of Items Controlled Special Conditions for STA Note 1: ‘Inertial measurement equipment Related Controls: (1) See USML Category or systems’ incorporate accelerometers or STA: License Exception STA may not be XII(e) for gyros or angular rate sensors used to ship or transmit ‘‘technology’’ gyroscopes to measure changes in velocity subject to the ITAR. (2) See also ECCNs according to the General Technology Note and orientation in order to determine or 7A102, 7A611, and 7A994. (3) For angular for the ‘‘production’’ of equipment maintain heading or position without or rotational accelerometers, see ECCN specified in the STA exclusion paragraphs requiring an external reference once aligned. 7A001.b. found in the License Exception sections of ‘Inertial measurement equipment or systems’ Related Definitions: N/A by ECCNs 6A001, 6A002, 6A003, 6A004, include: Items: 6A006, 6A008, or 6B008 to any of the —Attitude and Heading Reference Systems a. Specified to function at linear destinations listed in Country Group A:6 (AHRSs); acceleration levels less than or equal to 100 (See Supplement No.1 to part 740 of the —Gyrocompasses; EAR). g and having any of the following: —Inertial Measurement Units (IMUs); a.1. An angular rate range of less than 500 —Inertial Navigation Systems (INSs); List of Items Controlled degrees per second and having any of the —Inertial Reference Systems (IRSs); Related Controls: (1) Technical data directly following: —Inertial Reference Units (IRUs). related to satellites and all other items a.1.a. A ‘‘bias’’ ‘‘stability’’ of less (better) Note 2: 7A003 does not apply to ‘inertial described in USML Category XV are than 0.5 degree per hour, when measured in measurement equipment or systems’ which subject to the ITAR under USML Category a 1 g environment over a period of one are certified for use on ‘‘civil aircraft’’ by civil XV(f). (2) Technical data directly related to month, and with respect to a fixed calibration aviation authorities of one or more laser systems, infrared imaging systems, value; or Wassenaar Arrangement Participating States, and all other items described in USML a.1.b. An ‘‘angle random walk’’ of less see Supplement No. 1 to part 743 of the EAR. Category XII are subject to the ITAR under (better) than or equal to 0.0035 degree per USML Category XII(f). (3) Technical data square root hour; or Technical Note: ‘Positional aiding directly related to read-out integrated Note: 7A002.a.1.b does not control references’ independently provide position, circuits described in USML Categories ‘‘spinning mass gyros’’. and include: XII(e) or XV(e)(3) is subject to the ITAR a.2. An angular rate range greater than or a. ‘‘Satellite navigation system’’; b. ’’Data-Based Referenced Navigation’’ under USML Categories XII(f) or XV(f), equal to 500 degrees per second and having (‘‘DBRN’’). respectively. (4) See also 6E992. any of the following: a. Designed for ‘‘aircraft’’, land vehicles or Related Definitions: N/A a.2.a. A ‘‘bias’’ ‘‘stability’’ of less (better) vessels, providing position without the use of Items: than 4 degrees per hour, when measured in ‘positional aiding references’, and having any The list of items controlled is contained in a 1 g environment over a period of three of the following ‘‘accuracies’’ subsequent to the ECCN heading. minutes, and with respect to a fixed normal alignment: calibration value; or ■ 32. In Supplement No. 1 to part 774, a.1. 0.8 nautical miles per hour (nm/hr) a.2.b. An ‘‘angle random walk’’ of less ‘‘Circular Error Probable’’ (‘‘CEP’’) rate or less Category 7, ECCN 7A002 is revised to (better) than or equal to 0.1 degree per square (better); read as follows: root hour; or a.2. 0.5% distanced travelled ‘‘CEP’’ or less 7A002 Gyros or Angular Rate Sensors, Note: 7A002.a.2.b does not apply to (better); or Having any of the Following, and ‘‘spinning mass gyros’’. a.3. Total drift of 1 nautical mile ‘‘CEP’’ or ‘‘Specially Designed’’ ‘‘Components’’ b. Specified to function at linear less (better) in a 24 hr period; Therefor. acceleration levels exceeding 100 g. Technical Note: The performance License Requirements ■ 33. In Supplement No. 1 to part 774, parameters in 7A003.a.1, 7A003.a.2 and Reason for Control: NS, MT, AT 7A003.a.3 typically apply to ‘inertia Category 7, ECCN 7A003 is revised to measurement equipment or systems’ read as follows: Country chart designed for ‘‘aircraft’’, vehicles and vessels, Control(s) (see Supp. No. 1 7A003 ‘Inertial Measurement Equipment or respectively. These parameters result from to part 738) Systems’, Having any of the Following. the utilization of specialized non-positional aiding references (e.g., altimeter, odometer, NS applies to entire NS Column 1 License Requirements velocity log). As a consequence, the specified entry. Reason for Control: NS, MT, AT performance values cannot be readily

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56327

converted between these parameters. GBS: N/A 7D003.a or .b to any of the destinations Equipment designed for multiple platforms CIV: N/A listed in Country Group A:6 (See are evaluated against each applicable entry Supplement No. 1 to part 740 of the EAR). 7A003.a.1, 7A003.a.2, or 7A003.a.3. List of Items Controlled List of Items Controlled b. Designed for ‘‘aircraft’’, land vehicles or Related Controls: (1) See also ECCNs 7A105, vessels, with an embedded ‘positional aiding 7A611 and 7A994. Commercially available Related Controls: See also 7D103 and 7D994. reference’ and providing position after loss of ‘‘satellite navigation system’’ receivers do Related Definitions: ‘Data-Based Referenced all ‘positional aiding references’ for a period not typically employ decryption or Navigation’ (‘DBRN’) systems are systems of up to 4 minutes, having an ‘‘accuracy’’ of adaptive antennae and are classified as which use various sources of previously less (better) than 10 meters ‘‘CEP’’; 7A994. (2) See USML Category XII(d) for measured geo-mapping data integrated to ‘‘satellite navigation system’’ receiving provide accurate navigation information Technical Note: 7A003.b refers to systems equipment subject to the ITAR and USML under dynamic conditions. Data sources in which ‘inertial measurement equipment or Category XI(c)(10) for antennae that are include bathymetric maps, stellar maps, systems’ and other independent ‘positional subject to the ITAR. (3) Items that gravity maps, magnetic maps or 3–D digital aiding references’ are built into a single unit otherwise would be covered by ECCN terrain maps. (i.e., embedded) in order to achieve improved 7A005.a are ‘‘subject to the ITAR’’ (see 22 Items: performance. CFR parts 120 through 130). a. ‘‘Software’’ ‘‘specially designed’’ or c. Designed for ‘‘aircraft’’, land vehicles or Related Definitions: N/A modified to improve the operational vessels, providing heading or True North Items: performance or reduce the navigational error determination and having any of the a. Employing a decryption algorithm of systems to the levels controlled by 7A003, following: ‘‘specially designed’’ or modified for 7A004 or 7A008; c.1. A maximum operating angular rate less government use to access the ranging code b. ‘‘Source code’’ for hybrid integrated (lower) than 500 deg/s and a heading for position and time; or systems which improves the operational ‘‘accuracy’’ without the use of ‘positional b. Employing ‘adaptive antenna systems’. performance or reduces the navigational error aiding references’ equal to or less (better) of systems to the level controlled by 7A003 than 0.07 deg sec (Lat) (equivalent to 6 arc Note: 7A005.b does not apply to ‘‘satellite navigation system’’ receiving equipment that or 7A008 by continuously combining minutes rms at 45 degrees latitude); or heading data with any of the following: c.2. A maximum operating angular rate only uses ‘‘components’’ designed to filter, switch, or combine signals from multiple b.1. Doppler radar or sonar velocity data; equal to or greater (higher) than 500 deg/s b.2. ‘‘Satellite navigation system’’ reference and a heading ‘‘accuracy’’ without the use of omni-directional antennas that do not implement adaptive antenna techniques. data; or ‘positional aiding references’ equal to or less b.3. Data from ‘Data-Based Referenced (better) than 0.2 deg sec (Lat) (equivalent to Technical Note: For the purposes of Navigation’ (‘DBRN’’) systems; 17 arc minutes rms at 45 degrees latitude); 7A005.b ‘adaptive antenna systems’ c. [Reserved] d. Providing acceleration measurements or dynamically generate one or more spatial d. [Reserved] angular rate measurements, in more than one nulls in an antenna array pattern by signal N.B. For flight control ‘‘source code,’’ see dimension, and having any of the following: processing in the time domain or frequency 7D004. d.1. Performance specified by 7A001 or domain. e. Computer-Aided-Design (CAD) 7A002 along any axis, without the use of any ■ ‘‘software’’ ‘‘specially designed’’ for the aiding references; or 35. In Supplement No. 1 to part 774, ‘‘development’’ of ‘‘active flight control d.2. Being ‘‘space-qualified’’ and providing Category 7, ECCN 7D003 is revised to systems’’, helicopter multi-axis fly-by-wire or angular rate measurements having an ‘‘angle read as follows: fly-by-light controllers or helicopter random walk’’ along any axis of less (better) 7D003 Other ‘‘Software’’ as Follows (See ‘‘circulation controlled anti-torque or than or equal to 0.1 degree per square root List of Items Controlled). circulation-controlled direction control hour. systems’’, whose ‘‘technology’’ is controlled Note: 7A003.d.2 does not apply to ‘inertial License Requirements by 7E004.b.1, 7E004.b.3 to b.5, 7E004.b.7 to measurement equipment or systems’ that Reason for Control: NS, MT, AT b.8, 7E004.c.1 or 7E004.c.2. contain ‘‘spinning mass gyros’’ as the only ■ 36. In Supplement No. 1 to part 774, type of gyro. Country chart Category 7, ECCN 7D005 is revised to ■ Control(s) (see Supp. No. 1 34. In Supplement No. 1 to part 774, to part 738) read as follows: Category 7, ECCN 7A005 is revised to 7D005 ‘‘Software’’ ‘‘Specially Designed’’ To read as follows: NS applies to entire NS Column 1 Decrypt ‘‘Satellite Navigation System’’ 7A005 ‘‘Satellite Navigation System’’ entry. Ranging Signals Designed for Receiving Equipment Having any of the MT applies to ‘‘soft- MT Column 1 Government Use. Following and ‘‘Specially Designed’’ ware’’ for equip- License Requirements ‘‘Components’’ Therefor. ment controlled for MT reasons. MT Reason for Control: NS, AT License Requirements does not apply to Reason for Control: NS, MT and AT ‘‘software’’ for Country chart equipment con- Control(s) (see Supp. No. 1 Country chart trolled by 7A008. to part 738) Control(s) (see Supp. No. 1 AT applies to entire AT Column 1 to part 738) entry. NS applies to entire NS Column 1 entry. NS applies to NS Column 1 Reporting Requirements AT applies to entire AT Column 1 7A005.b. See § 743.1 of the EAR for reporting entry. MT applies to com- MT Column 1 requirements for exports under License List Based License Exceptions (See Part 740 modities in Exceptions, and Validated End-User for a Description of All License Exceptions) 7A005.b that meet authorizations. or exceed the pa- TSR: N/A List Based License Exceptions (See Part 740 rameters of 7A105. List of Items Controlled AT applies to AT Column 1 for a Description of All License Exceptions) 7A005.b. TSR: N/A Related Controls: N/A Related Definitions: N/A List Based License Exceptions (See Part 740 Special Conditions for STA Items: for a Description of All License Exceptions) STA: License Exception STA may not be The list of items controlled is contained in LVS: N/A used to ship or transmit software in the ECCN heading.

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56328 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

■ 37. In Supplement No. 1 to part 774, submersible vehicle can ‘operate List of Items Controlled Category 8, ECCN 8A001 is revised to autonomously’. Related Controls: (1) See also 8A992 and for read as follows: c. Unmanned submersible vehicles as underwater communications systems, see follows: Category 5, Part I—Telecommunications. 8A001 Submersible Vehicles and Surface c.1. Unmanned submersible vehicles (2) See also 8A992 for self-contained Vessels, as Follows (See List of Items having any of the following: underwater breathing apparatus that is not Controlled). c.1.a. Designed for deciding a course controlled by 8A002 or released for control License Requirements relative to any geographical reference by the 8A002.q Note. (3) For electronic without real-time human assistance; Reason for Control: NS, AT imaging systems ‘‘specially designed’’ or c.1.b. Acoustic data or command link; or modified for underwater use incorporating c.1.c. Optical data or command link Country chart image intensifier tubes specified by exceeding 1,000 m; 6A002.a.2.a or 6A002.a.2.b, see 6A003.b.3. Control(s) (see Supp. No. 1 c.2. Unmanned, submersible vehicles, not to part 738) (4) For electronic imaging systems specified in 8A001.c.1, having all of the ‘‘specially designed’’ or modified for NS applies to entire NS Column 2 following: underwater use incorporating ‘‘focal plane entry. c.2.a. Designed to operate with a tether; arrays’’ specified by 6A002.a.3.g, see AT applies to entire AT Column 1 c.2.b. Designed to operate at depths 6A003.b.4.c. (5) Section 744.9 imposes a entry. exceeding 1,000 m; and license requirement on commodities c.2.c. Having any of the following: described in 8A002.d if being exported, Reporting Requirements c.2.c.1. Designed for self-propelled reexported, or transferred (in-country) for See § 743.1 of the EAR for reporting maneuver using propulsion motors or use by a military end-user or for requirements for exports under License thrusters specified by 8A002.a.2; or incorporation into an item controlled by Exceptions, and Validated End-User c.2.c.2. Fiber optic data link; ECCN 0A919. authorizations. d. [Reserved] Related Definitions: N/A e. Ocean salvage systems with a lifting Items: List Based License Exceptions (See part 740 capacity exceeding 5 MN for salvaging a. Systems, equipment, ‘‘parts’’ and for a Description of All License Exceptions) objects from depths exceeding 250 m and ‘‘components,’’ ‘‘specially designed’’ or LVS: $5,000; N/A for 8A001.b and .c.1 having any of the following: modified for submersible vehicles and GBS: N/A e.1. Dynamic positioning systems capable designed to operate at depths exceeding of position keeping within 20 m of a given 1,000 m, as follows: Special Conditions for STA point provided by the navigation system; or a.1. Pressure housings or pressure hulls STA: License Exception STA may not be e.2. Seafloor navigation and navigation with a maximum inside chamber diameter used to ship any commodity in 8A001.b, or integration systems, for depths exceeding exceeding 1.5 m; 8A001.c to any of the destinations listed in 1,000 m and with positioning ‘‘accuracies’’ to a.2. Direct current propulsion motors or Country Group A:6 (See Supplement No. 1 within 10 m of a predetermined point. thrusters; to part 740 of the EAR). ■ 38. In Supplement No. 1 to part 774, a.3. Umbilical cables, and connectors List of Items Controlled therefor, using optical fiber and having Category 8, ECCN 8A002 is revised to synthetic strength members; Related Controls: For the control status of read as follows: a.4. ‘‘Parts’’ and ‘‘components’’ equipment for submersible vehicles, see: 8A002 Marine Systems, Equipment, manufactured from material specified by Category 6 for sensors; Categories 7 and 8 ‘‘Parts’’ and ‘‘Components,’’ as Follows ECCN 8C001; for navigation equipment; Category 8A for (See List of Items Controlled). Technical Note: The objective of 8A002.a.4 underwater equipment. should not be defeated by the export of Related Definitions: N/A License Requirements ‘syntactic foam’ controlled by 8C001 when an Items: Reason for Control: NS, AT intermediate stage of manufacture has been a. Manned, tethered submersible vehicles performed and it is not yet in its final designed to operate at depths exceeding Country chart component form. 1,000 m; Control(s) (see Supp. No. 1 b. Systems ‘‘specially designed’’ or b. Manned, untethered submersible to part 738) modified for the automated control of the vehicles having any of the following: motion of submersible vehicles controlled by b.1. Designed to ‘operate autonomously’ NS applies to entire NS Column 2 8A001, using navigation data, having closed and having a lifting capacity of all the entry. loop servo-controls and having any of the following: AT applies to entire AT Column 1 following: b.1.a. 10% or more of their weight in air; entry. b.1. Enabling a vehicle to move within 10 and Reporting Requirements m of a predetermined point in the water b.1.b. 15 kN or more. column; b.2. Designed to operate at depths See § 743.1 of the EAR for reporting b.2. Maintaining the position of the vehicle exceeding 1,000 m; or requirements for exports under License within 10 m of a predetermined point in the b.3. Having all of the following: Exceptions, and Validated End-User water column; or b.3.a. Designed to continuously ‘operate authorizations. b.3. Maintaining the position of the vehicle autonomously’ for 10 hours or more; and List Based License Exceptions (See Part 740 within 10 m while following a cable on or b.3.b. ‘Range’ of 25 nautical miles or more; for a Description of All License Exceptions) under the seabed; Technical Notes: LVS: $5,000; N/A for 8A002.o.3.b c. Fiber optic pressure hull penetrators; 1. For the purposes of 8A001.b, ‘operate GBS: Yes for manipulators for civil end uses d. Underwater vision systems having all of autonomously’ means fully submerged, (e.g., underwater oil, gas or mining the following: without snorkel, all systems working and operations) controlled by 8A002.i.2 and d.1. ‘‘Specially designed’’ or modified for cruising at minimum speed at which the having 5 degrees of freedom of movement; remote operation with an underwater submersible can safely control its depth and 8A002.r. vehicle; and dynamically by using its depth planes only, d.2. Employing any of the following with no need for a support vessel or support Special Conditions for STA techniques to minimize the effects of back base on the surface, sea-bed or shore, and STA: License Exception STA may not be scatter: containing a propulsion system for used to ship any commodity in 8A002.b, h, d.2.a. Range-gated illuminators; or submerged or surface use. j, o.3, or p to any of the destinations listed d.2.b. Range-gated ‘‘laser’’ systems; 2. For the purposes of 8A001.b, ‘range’ in Country Group A:6 (See Supplement e. [Reserved] means half the maximum distance a No.1 to part 740 of the EAR). f. [Reserved]

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56329

g. Light systems ‘‘specially designed’’ or j.2.c. Devices or enclosures, ‘‘specially Technical Note: ‘Active noise reduction or modified for underwater use, as follows: designed’’ for underwater noise reduction in cancellation systems’ incorporate electronic g.1. Stroboscopic light systems capable of frequencies below 10 kHz, or special control systems capable of actively reducing a light output energy of more than 300 J per mounting devices for shock mitigation; and equipment vibration by the generation of flash and a flash rate of more than 5 flashes j.2.d. ‘‘Specially designed’’ exhaust anti-noise or anti-vibration signals directly to per second; systems that do not exhaust continuously the the source. g.2. Argon arc light systems ‘‘specially products of combustion; p. Pump jet propulsion systems having all designed’’ for use below 1,000 m; j.3. ‘‘Fuel cell’’ air independent power of the following: h. ‘‘Robots’’ ‘‘specially designed’’ for systems with an output exceeding 2 kW and p.1. Power output exceeding 2.5 MW; and underwater use, controlled by using a having any of the following: p.2. Using divergent nozzle and flow dedicated computer and having any of the j.3.a. Devices or enclosures, ‘‘specially conditioning vane techniques to improve following: designed’’ for underwater noise reduction in propulsive efficiency or reduce propulsion- h.1. Systems that control the ‘‘robot’’ using frequencies below 10 kHz, or special generated underwater-radiated noise; information from sensors which measure mounting devices for shock mitigation; or q. Underwater swimming and diving force or torque applied to an external object, j.3.b. Systems having all of the following: equipment as follows; distance to an external object, or tactile sense j.3.b.1. ‘‘Specially designed’’ to pressurize q.1. Closed circuit rebreathers; between the ‘‘robot’’ and an external object; the products of reaction or for fuel q.2. Semi-closed circuit rebreathers; or reformation; h.2. The ability to exert a force of 250 N j.3.b.2. ‘‘Specially designed’’ to store the Note: 8A002.q does not control individual or more or a torque of 250 Nm or more and products of the reaction; and rebreathers for personal use when using titanium based alloys or ‘‘composite’’ j.3.b.3. ‘‘Specially designed’’ to discharge accompanying their users. ‘‘fibrous or filamentary materials’’ in their the products of the reaction against a N.B. For equipment and devices ‘‘specially structural members; pressure of 100 kPa or more; designed’’ for military use see ECCN 8A620.f. i. Remotely controlled articulated j.4. Stirling cycle engine air independent r. Diver deterrent acoustic systems manipulators ‘‘specially designed’’ or power systems having all of the following: ‘‘specially designed’’ or modified to disrupt modified for use with submersible vehicles j.4.a. Devices or enclosures, ‘‘specially divers and having a sound pressure level and having any of the following: designed’’ for underwater noise reduction in equal to or exceeding 190 dB (reference 1 mPa i.1. Systems which control the manipulator frequencies below 10 kHz, or special at 1 m) at frequencies of 200 Hz and below. using information from sensors which mounting devices for shock mitigation; and measure any of the following: Note 1: 8A002.r does not apply to diver j.4.b. ‘‘Specially designed’’ exhaust systems deterrent systems based on under-water- i.1.a. Torque or force applied to an external which discharge the products of combustion object; or explosive devices, air guns or combustible against a pressure of 100 kPa or more; i.1.b. Tactile sense between the sources. k. [Reserved] manipulator and an external object; or l. [Reserved] Note 2: 8A002.r includes diver deterrent i.2. Controlled by proportional master- m. [Reserved] acoustic systems that use spark gap sources, slave techniques and having 5 degrees of also known as plasma sound sources. ‘freedom of movement’ or more; n. [Reserved] o. Propellers, power transmission systems, ■ Technical Note: Only functions having power generation systems and noise 39. In Supplement No. 1 to part 774, proportionally related motion control using reduction systems, as follows: Category 8, ECCN 8B001 is revised to positional feedback are counted when o.1. [Reserved] read as follows: determining the number of degrees of o.2. Water-screw propeller, power ‘freedom of movement’. 8B001 Water Tunnels Designed to Have a generation systems or transmission systems, Background Noise of Less Than 100 dB j. Air independent power systems designed for use on vessels, as follows: (Reference 1 mPa, 1 Hz) Within the ‘‘specially designed’’ for underwater use, as o.2.a. Controllable-pitch propellers and Frequency Range Exceeding 0 Hz But follows: hub assemblies, rated at more than 30 MW; j.1. Brayton or Rankine cycle engine air Not Exceeding to 500 Hz and Designed o.2.b. Internally liquid-cooled electric for Measuring Acoustic Fields independent power systems having any of propulsion engines with a power output the following: Generated by a Hydro-Flow Around exceeding 2.5 MW; Propulsion System Models. j.1.a. Chemical scrubber or absorber o.2.c. ‘‘Superconductive’’ propulsion systems, ‘‘specially designed’’ to remove engines or permanent magnet electric License Requirements carbon dioxide, carbon monoxide and propulsion engines, with a power output particulates from recirculated engine Reason for Control: NS, AT exceeding 0.1 MW; exhaust; o.2.d. Power transmission shaft systems j.1.b. Systems ‘‘specially designed’’ to use Country chart incorporating ‘‘composite’’ material ‘‘parts’’ a monoatomic gas; Control(s) (see Supp. No. 1 or ‘‘components’’ and capable of transmitting to part 738) j.1.c. Devices or enclosures, ‘‘specially designed’’ for underwater noise reduction in more than 2 MW; o.2.e. Ventilated or base-ventilated NS applies to entire NS Column 2 frequencies below 10 kHz, or special entry. mounting devices for shock mitigation; or propeller systems, rated at more than 2.5 AT applies to entire AT Column 1 j.1.d. Systems having all of the following: MW; entry. j.1.d.1. ‘‘Specially designed’’ to pressurize o.3. Noise reduction systems designed for the products of reaction or for fuel use on vessels of 1,000 tonnes displacement List Based License Exceptions (See Part 740 reformation; or more, as follows: for a description of All license exceptions) j.1.d.2. ‘‘Specially designed’’ to store the o.3.a. Systems that attenuate underwater LVS: $3,000 products of the reaction; and noise at frequencies below 500 Hz and GBS: N/A j.1.d.3. ‘‘Specially designed’’ to discharge consist of compound acoustic mounts for the the products of the reaction against a acoustic isolation of diesel engines, diesel List of Items Controlled pressure of 100 kPa or more; generator sets, gas turbines, gas turbine Related Controls: N/A j.2. Diesel cycle engine air independent generator sets, propulsion motors or Related Definitions: N/A systems having all of the following: propulsion reduction gears, ‘‘specially Items: j.2.a. Chemical scrubber or absorber designed’’ for sound or vibration isolation systems, ‘‘specially designed’’ to remove and having an intermediate mass exceeding The list of items controlled is contained in carbon dioxide, carbon monoxide and 30% of the equipment to be mounted; the ECCN heading. particulates from recirculated engine o.3.b. ‘Active noise reduction or exhaust; cancellation systems’ or magnetic bearings, ■ 40. In Supplement No. 1 to part 774, j.2.b. Systems ‘‘specially designed’’ to use ‘‘specially designed’’ for power transmission Category 8, ECCN 8D001 is revised to a monoatomic gas; systems; read as follows:

VerDate Sep<11>2014 19:27 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56330 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

8D001 ‘‘Software’’ ‘‘Specially Designed’’ or Exceptions, and Validated End-User 9A009, manufactured using any of the Modified for the ‘‘Development,’’ authorizations. following: ‘‘Production’’ or ‘‘use’’ of Equipment or b.1. ‘‘Fibrous or filamentary materials’’ Materials, Controlled by 8A (Except List Based License Exceptions (See Part 740 specified by 1C010.e and resins specified by 8A992), 8B or 8C. for a Description of All License Exceptions) 1C008 or 1C009.b; TSR: Yes, except for exports or reexport to b.2. Metal ‘‘Matrix ‘‘composites’’ reinforced License Requirements destinations outside of those countries by any of the following: Reason for Control: NS, AT listed in Country Group A:5 (Supplement b.2.a. Materials specified by 1C007; No. 1 to part 740 of the EAR) of b.2.b. ‘‘Fibrous or filamentary materials’’ Country chart ‘‘technology’’ for items controlled by specified by 1C010; or Control(s) (see Supp. No. 1 8A001.b, 8A001.c.1 or 8A002.o.3.b. b.2.c. Aluminides specified by 1C002.a; or to part 738) b.3. Ceramic ‘‘matrix’’ ‘‘composite’’ Special Conditions for STA materials specified by 1C007; NS applies to entire NS Column 1 STA: License Exception STA may not be c. Structural components and isolation entry. used to ship or transmit ‘‘technology’’ systems, specially designed to control AT applies to entire AT Column 1 according to the General Technology Note actively the dynamic response or distortion entry. for the ‘‘development’’ or ‘‘production’’ of of ‘‘spacecraft’’ structures; Reporting Requirements equipment specified by 8A001.b, 8A001.c, d. Pulsed liquid rocket engines with thrust- 8A002.b, 8A002.h, 8A002.j, 8A002.o.3 or to-weight ratios equal to or more than 1 kN/ See § 743.1 of the EAR for reporting 8A002.p to any of the destinations listed in requirements for exports under License kg and a ‘response time’ of less than 30 ms. Country Group A:6 (See Supplement No.1 Technical Note: For the purposes of Exceptions, and Validated End-User to part 740 of the EAR). authorizations. 9A010.d, ‘response time’ means the time List of Items Controlled required to achieve 90% of total rated thrust List Based License Exceptions (See Part 740 from start-up. for a Description of All License Exceptions) Related Controls: N/A Related Definitions: N/A ■ 43. In Supplement No. 1 to part 774, TSR: Yes, except for exports or reexports to Items: destinations outside of those countries Category 9, ECCN 9A610 is revised to listed in Country Group A:5 (See The list of items controlled is contained in read as follows: Supplement No. 1 to part 740 of the EAR) the ECCN heading. 9A610 Military Aircraft and Related of ‘‘software’’ ‘‘specially designed’’ for the Category 9—Aerospace and Propulsion Commodities, Other Than Those ‘‘development’’ or ‘‘production’’ of Enumerated in 9A991.a (See List of equipment controlled by 8A001.b, ■ 42. In Supplement No. 1 to part 774, Items Controlled). 8A001.c.1, or 8A002.o.3.b. Category 9, ECCN 9A010 is revised to License Requirements Special Conditions for STA read as follows: Reason for Control: NS, RS, MT, AT, UN STA: License Exception STA may not be 9A010 ‘‘Specially Designed’’ ‘‘Parts,’’ used to ship or transmit ‘‘software’’ ‘‘Components,’’ Systems and Structures, Country chart ‘‘specially designed’’ for the for Launch Vehicles, Launch Vehicle Control(s) (see Supp. No. 1 ‘‘development’’ or ‘‘production’’ of Propulsion Systems or ‘‘Spacecraft’’. to part 738) equipment in 8A001.b, 8A001.c, 8A002.b, (See Related Controls Paragraph.) 8A002.h, 8A002.j, 8A002.o.3 or 8A002.p to NS applies to entire NS Column 1 List of Items Controlled any of the destinations listed in Country entry except: Group A:6 (See Supplement No. 1 to part Related Controls: (1) See USML Category IV 9A610.b; parts and 740 of the EAR). of the International Traffic in Arms components con- Regulations (ITAR) (22 CFR parts 120 trolled in 9A610.x if List of Items Controlled through 130) and ECCN 9A604 for being exported or Related Controls: N/A paragraphs 9A010.a, .b and .d. (2) See reexported for use Related Definitions: N/A USML Category XV of the ITAR and ECCN in an aircraft con- Items: 9A515 for paragraph 9A010.c. (3) See trolled in 9A610.b; The list of items controlled is contained in Supplement No. 4 to part 774, Order of and 9A610.y. the ECCN heading. Review for guidance on the process for RS applies to entire RS Column 1 determining classification of items. entry except: ■ 41. In Supplement No. 1 to part 774, Related Definitions: N/A 9A610.b; parts and Category 8, ECCN 8E001 is revised to Items: components con- read as follows: trolled in 9A610.x if a. ‘‘Parts’’, ‘‘components’’ and structures, being exported or 8E001 ‘‘Technology’’ According to the each exceeding 10 kg and ‘‘specially reexported for use General Technology Note for the designed’’ for launch vehicles manufactured in an aircraft con- ‘‘Development’’ or ‘‘Production’’ of using any of the following: trolled in 9A610.b; Equipment or Materials, Controlled by a.1. ‘‘Composite’’ materials consisting of and 9A610.y. 8A (Except 8A992), 8B or 8C. ‘‘fibrous or filamentary materials’’ specified RS applies to China, Russia, or by 1C010.e and resins specified by 1C008 or License Requirements 9A610.y. Venezuela (see 1C009.b; § 742.6(a)(7)) Reason for Control: NS, AT a.2. Metal ‘‘matrix’’ ‘‘composites’’ MT applies to MT Column 1 reinforced by any of the following: 9A610.t, .u, .v, and Country chart a.2.a. Materials specified by 1C007; .w. Control(s) (see Supp. No. 1 a.2.b. ‘‘Fibrous or filamentary materials’’ AT applies to entire AT Column 1 to part 738) specified by 1C010; or entry. a.2.c. Aluminides specified by 1C002.a; or NS applies to entire NS Column 1 UN applies to entire See § 746.1(b) for UN a.3. Ceramic ‘‘matrix’’ ‘‘composite’’ entry. entry except controls materials specified by 1C007; AT applies to entire AT Column 1 9A610.y. entry. Note: The weight cut-off is not relevant for nose cones. List Based License Exceptions (See Part 740 Reporting Requirements b. ‘‘Parts’’, ‘‘components’’ and structures, for a Description of All License Exceptions) See § 743.1 of the EAR for reporting ‘‘specially designed’’ for launch vehicle LVS: $1,500 requirements for exports under License propulsion systems specified by 9A005 to GBS: N/A

VerDate Sep<11>2014 19:27 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56331

Special Conditions for STA g. Aircrew life support equipment, aircrew either USML paragraph VIII(a) or ECCN STA: (1) Paragraph (c)(1) of License safety equipment and other devices for 9A610.a., not capable of delivering at least Exception STA (§ 740.20(c)(1) of the EAR) emergency escape from aircraft controlled by 500 kilograms payload to a range of at least may not be used for any item in 9A610.a either USML paragraph VIII(a) or ECCN 300 km are controlled in paragraph .x of this (i.e., ‘‘end item’’ military aircraft), unless 9A610.a. entry. determined by BIS to be eligible for h. Parachutes, paragliders, complete w.2. Flight control servo valves designed or License Exception STA in accordance with parachute canopies, harnesses, platforms, modified for the systems in 9A610.w.1. and § 740.20(g) (License Exception STA electronic release mechanisms, ‘‘specially designed or modified to operate in a eligibility requests for 9x515 and ‘‘600 designed’’ for use with aircraft controlled by vibration environment greater than 10g rms series’’ items). (2) Paragraph (c)(2) of either USML paragraph VIII(a) or ECCN over the entire range between 20Hz and 2 License Exception STA (§ 740.20(c)(2) of 9A610.a, and ‘‘equipment’’ ‘‘specially kHz. designed’’ for military high altitude the EAR) may not be used for any item in Note to paragraph .w: Paragraphs 9A610. parachutists, such as suits, special helmets, breathing systems, and navigation 9A610.w.1. and 9A610.w.2. include the List of Items Controlled equipment. systems, equipment and valves designed or Related Controls: (1) Military aircraft and i. Controlled opening equipment or modified to enable operation of manned related articles that are enumerated in automatic piloting systems, designed for aircraft as unmanned aerial vehicles. USML Category VIII, and technical data parachuted loads. x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ (including software) directly related j. Ground effect machines (GEMS), and ‘‘attachments’’ that are ‘‘specially thereto, are subject to the ITAR. (2) See including surface effect machines and air designed’’ for a commodity enumerated or ECCN 0A919 for controls on foreign-made cushion vehicles, ‘‘specially designed’’ for otherwise described in ECCN 9A610 (except ‘‘military commodities’’ that incorporate use by a military. for 9A610.y) or a defense article enumerated more than a de minimis amount of U.S.- k. through s. [Reserved] or otherwise described in USML Category origin ‘‘600 series’’ controlled content. (3) t. Composite structures, laminates, and VIII and not elsewhere specified on the See USML Category XIX and ECCN 9A619 manufactures thereof ‘‘specially designed’’ USML or in 9A610.y, 9A619.y, or 3A611.y. for controls on military aircraft gas turbine for unmanned aerial vehicles controlled y. Specific ‘‘parts,’’ ‘‘components,’’ engines and related items. under USML Category VIII(a) with a range ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially Related Definitions: In paragraph .y of this equal to or greater than 300 km. designed’’ for a commodity subject to control entry, the term ‘fluid’ includes liquids and Note to paragraph .t: Composite structures, in this entry, ECCN 9A619, or for a defense gases. laminates, and manufactures thereof article in USML Categories VIII or XIX and Items: ‘‘specially designed’’ for unmanned aerial not elsewhere specified in the USML or the a. ‘Military Aircraft’ ‘‘specially designed’’ vehicles controlled under USML Category CCL, and other aircraft commodities for a military use that are not enumerated in VIII(a) with a maximum range less than 300 ‘‘specially designed’’ for a military use, as USML paragraph VIII(a). km are controlled in paragraph .x of this follows, and ‘‘parts,’’ ‘‘components,’’ Note 1: For purposes of paragraph .a the entry. ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially term ‘military aircraft’ means the LM–100J u. Apparatus and devices ‘‘specially designed’’ therefor: aircraft and any aircraft ‘‘specially designed’’ designed’’ for the handling, control, y.1. Aircraft tires; for a military use that are not enumerated in activation and non-ship-based launching of y.2. Analog gauges and indicators; USML paragraph VIII(a). The term includes: UAVs controlled by either USML paragraph y.3. Audio selector panels; Trainer aircraft; cargo aircraft; utility fixed VIII(a) or ECCN 9A610.a, and capable of a y.4. Check valves for hydraulic and wing aircraft; military helicopters; range equal to or greater than 300 km. pneumatic systems; observation aircraft; military non-expansive y.5. Crew rest equipment; Note to paragraph .u: Apparatus and balloons and other lighter-than-air aircraft; y.6. Ejection seat mounted survival aids; and unarmed military aircraft, regardless of devices ‘‘specially designed’’ for the handling, control, activation and non-ship- y.7. Energy dissipating pads for cargo (for origin or designation. Aircraft with pads made from paper or cardboard); modifications made to incorporate safety of based launching of UAVs controlled by either USML paragraph VIII(a) or ECCN 9A610.a y.8. Fluid filters and filter assemblies; flight features or other FAA or NTSB y.9. Galleys; modifications such as transponders and air with a maximum range less than 300 km are controlled in paragraph .x of this entry. y.10. Fluid hoses, straight and unbent lines data recorders are ‘‘unmodified’’ for the (for a commodity subject to control in this purposes of this paragraph .a. v. Radar altimeters designed or modified entry or defense article in USML Category for use in UAVs controlled by either USML Note 2: 9A610.a does not control ’military VIII), and fittings, couplings, clamps (for a paragraph VIII(a) or ECCN 9A610.a., and aircraft’ or ‘‘lighter-than-air vehicles’’ that: commodity subject to control in this entry or capable of delivering at least 500 kilograms defense article in USML Category VIII) and a. Were first manufactured before 1946; payload to a range of at least 300 km. b. Do not incorporate defense articles brackets therefor; Note to paragraph .v: Radar altimeters enumerated or otherwise described on the y.11. Lavatories; designed or modified for use in UAVs U.S. Munitions List, unless the items are y.12. Life rafts; controlled by either USML paragraph VIII(a) required to meet safety or airworthiness y.13. Magnetic compass, magnetic azimuth or ECCN 9A610.a. that are not capable of standards of civil aviation authorities of a detector; delivering at least 500 kilograms payload to Wassenaar Arrangement Participating State; y.14. Medical litter provisions; a range of at least 300 km are controlled in and y.15. Cockpit or cabin mirrors; paragraph .x of this entry. c. Do not incorporate weapons enumerated y.16. Passenger seats including palletized or otherwise described on the U.S. Munitions w.1. Pneumatic hydraulic, mechanical, seats; List, unless inoperable and incapable of electro-optical, or electromechanical flight y.17. Potable water storage systems; being returned to operation. control systems (including fly-by-wire and y.18. Public address (PA) systems; b. L–100 aircraft manufactured prior to fly-by-light systems) and attitude control y.19. Steel brake wear pads (does not 2013. equipment designed or modified for UAVs include sintered mix or carbon/carbon c.–d. [Reserved] controlled by either USML paragraph VIII(a) materials); e. Mobile aircraft arresting and engagement or ECCN 9A610.a., and capable of delivering y.20. Underwater locator beacons; runway systems for aircraft controlled by at least 500 kilograms payload to a range of y.21. Urine collection bags/pads/cups/ either USML Category VIII(a) or ECCN at least 300 km. pumps; 9A610.a. Note to paragraph .w.1: Pneumatic, y.22. Windshield washer and wiper f. Pressure refueling equipment and hydraulic, mechanical, electro-optical, or systems; equipment that facilitates operations in electromechanical flight control systems y.23. Filtered and unfiltered panel knobs, confined areas, ‘‘specially designed’’ for (including fly-by-wire and fly-by-light indicators, switches, buttons, and dials; aircraft controlled by either USML paragraph systems) and attitude control equipment y.24. Lead-acid and Nickel-Cadmium VIII(a) or ECCN 9A610.a. designed or modified for UAVs controlled by batteries;

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56332 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

y.25. Propellers, propeller systems, and 9A116 to 9A119 usable in ‘‘missiles’’ see or in the case of use for broad categories propeller blades used with reciprocating 9B115. See also 9B991. of ‘‘aircraft,’’ engines, ‘‘parts’’ or engines; Related Definitions: N/A ‘‘components,’’ a commodity jurisdiction y.26. Fire extinguishers; Items: determination from the Department of y.27. Flame and smoke/CO2 detectors; a. Directional solidification or single State. y.28. Map cases; crystal casting equipment designed for Related Definitions: N/A y.29. ‘Military Aircraft’ that were first ‘‘superalloys’’; Items: manufactured from 1946 to 1955 that do not b. Casting tooling, ‘‘specially designed’’ for a. ‘‘Technology’’ ‘‘required’’ for the incorporate defense articles enumerated or manufacturing gas turbine engine blades, ‘‘development’’ or ‘‘production’’ of any of the otherwise described on the U.S. Munitions vanes or ‘‘tip shrouds’’, manufactured from following gas turbine engine ‘‘parts,’’ List, unless the items are required to meet refractory metals or ceramics, as follows: ‘‘components’’ or systems: safety or airworthiness standards of a b.1. Cores; a.1. Gas turbine blades, vanes or ‘‘tip Wassenaar Arrangement Participating State; b.2. Shells (moulds); shrouds’’, made from directionally solidified and do not incorporate weapons enumerated b.3. Combined core and shell (mould) (DS) or single crystal (SC) alloys and having or otherwise described on the U.S. Munitions units; (in the 001 Miller Index Direction) a stress- List, unless inoperable and incapable of c. Directional-solidification or single- rupture life exceeding 400 hours at 1,273 K being returned to operation; crystal additive-manufacturing equipment, (1,000°C) at a stress of 200 MPa, based on the y.30. ‘‘Parts,’’ ‘‘components,’’ ‘‘specially designed’’ for manufacturing gas average property values; ‘‘accessories,’’ and ‘‘attachments,’’ other than turbine engine blades, vanes or ‘‘tip electronic items or navigation equipment, for shrouds’’. Technical Note: For the purposes of use in or with a commodity controlled by ■ 9E003.a.1, stress-rupture life testing is 45. In Supplement No. 1 to part 774, typically conducted on a test specimen. ECCN 9A610.h; Category 9, ECCN 9E003 is revised to a.2. Combustors having any of the y.31. Identification plates and nameplates; read as follows: and following: y.32. Fluid manifolds. 9E003 Other ‘‘Technology’’ as Follows (See a.2.a. ‘Thermally decoupled liners’ List of Items Controlled). designed to operate at ‘combustor exit ■ 44. In Supplement No. 1 to part 774, temperature’ exceeding 1,883 K (1,610 ° C); License Requirements Category 9, ECCN 9B001 is revised to a.2.b. Non-metallic liners; read as follows: Reason for Control: NS, SI, AT a.2.c. Non-metallic shells; or a.2.d. Liners designed to operate at 9B001 Manufacturing Equipment, tooling Country chart ’combustor exit temperature’ exceeding 1,883 or Fixtures, as Follows (See List of Items Control(s) (see Supp. No. K (1,610 °C) and having holes that meet the Controlled). 1 to part 738) parameters specified by 9E003.c; License Requirements NS applies to entire NS Column 1 Note: The ‘‘required’’ ‘‘technology’’ for Reason for Control: NS, MT, AT entry. holes in 9E003.a.2 is limited to the derivation SI applies to See § 742.14 of the of the geometry and location of the holes. Country chart 9E003.a.1 through EAR for additional Technical Notes: Control(s) (see Supp. No.1 to a.8,.h, .i, and .k. information 1. ‘Thermally decoupled liners’ are liners part 738) AT applies to entire AT Column 1 that feature at least a support structure entry. NS applies to entire NS Column 1 designed to carry mechanical loads and a entry. Reporting Requirements combustion facing structure designed to protect the support structure from the heat of MT applies to equip- MT Column 1 See § 743.1 of the EAR for reporting combustion. The combustion facing structure ment for engines requirements for exports under License and support structure have independent controlled under Exceptions, and Validated End-User thermal displacement (mechanical 9A001 for MT rea- authorizations. sons and for en- displacement due to thermal load) with gines controlled List Based License Exceptions (See Part 740 respect to one another, i.e., they are under 9A101. for a Description of All License Exceptions) thermally decoupled. AT applies to entire AT Column 1 TSR: N/A 2. ‘Combustor exit temperature’ is the bulk entry. average gas path total (stagnation) Special Conditions for STA temperature between the combustor exit Reporting Requirements STA: License Exception STA may not be plane and the leading edge of the turbine See § 743.1 of the EAR for reporting used to ship or transmit any technology in inlet guide vane (i.e., measured at engine requirements for exports under License 9E003.a.1, 9E003.a.2 to a.5, 9E003.a.8, or station T40 as defined in SAE ARP 755A) Exceptions, and Validated End-User 9E003.h to any of the destinations listed in when the engine is running in a ‘steady state authorizations. Country Group A:6 (See Supplement No. 1 mode’ of operation at the certificated to Part 740 of the EAR). maximum continuous operating temperature. List Based License Exceptions (See Part 740 N.B.: See 9E003.c for ‘‘technology’’ for a Description of All License Exceptions) List of Items Controlled ‘‘required’’ for manufacturing cooling holes. LVS: $5,000, except N/A for MT Related Controls: (1) Hot section a.3. ‘‘Parts’’ or ‘‘components,’’ that are any GBS: Yes, except N/A for MT ‘‘technology’’ specifically designed, of the following: modified, or equipped for military uses or a.3.a. Manufactured from organic Special Conditions for STA purposes, or developed principally with ‘‘composite’’ materials designed to operate STA: License Exception STA may not be U.S. Department of Defense funding, is above 588 K (315 °C); used to ship commodities in 9B001 to any ‘‘subject to the ITAR’’ (see 22 CFR parts a.3.b. Manufactured from any of the of the destinations listed in Country Group 120 through 130). (2) ‘‘Technology’’ is following: A:6 (See Supplement No. 1 to Part 740 of subject to the EAR when actually applied a.3.b.1. Metal ‘‘matrix’’ ‘‘composites’’ the EAR). to a commercial ‘‘aircraft’’ engine program. reinforced by any of the following: Exporters may seek to establish a.3.b.1.a. Materials controlled by 1C007; List of Items Controlled commercial application either on a case- a.3.b.1.b. ‘‘Fibrous or filamentary Related Controls: For ‘‘specially designed’’ by-case basis through submission of materials’’ specified by 1C010; or production equipment of systems, sub- documentation demonstrating application a.3.b.1.c. Aluminides specified by 1C002.a; systems, ‘‘parts’’ and ‘‘components’’ to a commercial program in requesting an or controlled by 9A005 to 9A009, 9A011, export license from the Department a.3.b.2. Ceramic ‘‘matrix’’ ‘‘composites’’ 9A101, 9A105 to 9A109, 9A111, and Commerce in respect to a specific export, specified by 1C007; or

VerDate Sep<11>2014 19:27 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56333

a.3.c. Stators, vanes, blades, tip seals c.2. Having all of the following: single-stage compressors and having all of (shrouds), rotating blings, rotating blisks or c.2.a. Minimum ’cross-sectional area’ less the following: ‘splitter ducts’, that are all of the following: than 0.12 mm2; f.2.a. Operating at pressure ratios of 4:1 or a.3.c.1. Not specified in 9E003.a.3.a; c.2.b. ’Hole shape ratio’ greater than 5.65; higher; a.3.c.2. Designed for compressors or fans; and f.2.b. Mass flow in the range from 30 to 130 and c.2.c. ‘Incidence angle’ more than 25°; kg per minute; and a.3.c.3. Manufactured from material Note: 9E003.c does not apply to f.2.c. Variable flow area capability within controlled by 1C010.e with resins controlled ‘‘technology’’ for manufacturing constant the compressor or turbine sections; by 1C008; radius cylindrical holes that are straight f.3. ‘‘Technology’’ ‘‘required’’ for the Technical Note: A ‘splitter duct’ performs through and enter and exit on the external ‘‘production’’ of fuel injection systems with the initial separation of the air-mass flow surfaces of the component. a ‘‘specially designed’’ multifuel (e.g., diesel or jet fuel) capability covering a viscosity between the bypass and core sections of the Technical Notes: engine. range from diesel fuel (2.5 cSt at 310.8 K 1. For the purposes of 9E003.c, the ’cross- (37.8 °C)) down to gasoline fuel (0.5 cSt at a.4. Uncooled turbine blades, vanes or ‘‘tip sectional area’ is the area of the hole in the 310.8 K (37.8 °C)) and having all of the shrouds’’ designed to operate at a ‘gas path plane perpendicular to the hole axis. following: temperature’ of 1,373 K (1,100 °C) or more; 2. For the purposes of 9E003.c, ’hole shape f.3.a. Injection amount in excess of 230 a.5. Cooled turbine blades, vanes or ‘‘tip- ratio’ is the nominal length of the axis of the mm3 per injection per cylinder; and shrouds’’, other than those described in hole divided by the square root of its f.3.b. Electronic control features ‘‘specially 9E003.a.1, designed to operate at a ‘gas path minimum ’cross-sectional area’. designed’’ for switching governor temperature’ of 1,693 K (1,420 °C) or more; 3. For the purposes of 9E003.c, ’incidence characteristics automatically depending on Technical Notes: angle’ is the acute angle measured between fuel property to provide the same torque 1. ‘Gas path temperature’ is the bulk the plane tangential to the airfoil surface and characteristics by using the appropriate average gas path total (stagnation) the hole axis at the point where the hole axis sensors; temperature at the leading edge plane of the enters the airfoil surface. g. ‘‘Technology’’ ‘‘required’’ for the turbine component when the engine is 4. Techniques for manufacturing holes in development’’ or ‘‘production’’ of ‘high running in a ‘steady state mode’ of operation 9E003.c include ‘‘laser’’, water jet, Electro- output diesel engines’ for solid, gas phase or at the certificated or specified maximum Chemical Machining (ECM) or Electrical liquid film (or combinations thereof) cylinder continuous operating temperature. Discharge Machining (EDM) methods. wall lubrication and permitting operation to 2. The term ‘steady state mode’ defines d. ‘‘Technology’’ ‘‘required’’ for the temperatures exceeding 723 K (450 °C), engine operation conditions, where the ‘‘development’’ or ‘‘production’’ of helicopter measured on the cylinder wall at the top engine parameters, such as thrust/power, power transfer systems or tilt rotor or tilt limit of travel of the top ring of the piston; rpm and others, have no appreciable wing ‘‘aircraft’’ power transfer systems; Technical Note: ‘High output diesel fluctuations, when the ambient air e. ‘‘Technology’’ for the ‘‘development’’ or engines’ are diesel engines with a specified temperature and pressure at the engine inlet ‘‘production’’ of reciprocating diesel engine brake mean effective pressure of 1.8 MPa or are constant. ground vehicle propulsion systems having all more at a speed of 2,300 r.p.m., provided the a.6. Airfoil-to-disk blade combinations of the following: rated speed is 2,300 r.p.m. or more. using solid state joining; e.1. ‘Box volume’ of 1.2 m3 or less; a.7. [Reserved] e.2. An overall power output of more than h. ‘‘Technology’’ for gas turbine engine a.8. ‘Damage tolerant’ gas turbine engine 750 kW based on 80/1269/EEC, ISO 2534 or ‘‘FADEC systems’’ as follows: rotor ‘‘parts’’ or ‘‘components’’ using powder national equivalents; and h.1. ‘‘Development’’ ‘‘technology’’ for metallurgy materials controlled by e.3. Power density of more than 700 kW/ deriving the functional requirements for the 1C002.b;or m3 of ‘box volume’; ‘‘parts’’ or ‘‘components’’ necessary for the ‘‘FADEC system’’ to regulate engine thrust or Technical Note: ‘Damage tolerant’ ‘‘parts’’ Technical Note: ‘Box volume’ is the shaft power (e.g., feedback sensor time and ‘‘components’’ are designed using product of three perpendicular dimensions constants and accuracies, fuel valve slew methodology and substantiation to predict measured in the following way: rate); and limit crack growth. Length: The length of the crankshaft from h.2. ‘‘Development’’ or ‘‘production’’ a.9. [Reserved] front flange to flywheel face; ‘‘technology’’ for control and diagnostic N.B.: For ‘‘FADEC systems’’, see 9E003.h. Width: The widest of any of the following: ‘‘parts’’ or ‘‘components’’ unique to the a.10. [Reserved] a. The outside dimension from valve cover ‘‘FADEC system’’ and used to regulate engine N.B.: For adjustable flow path geometry, to valve cover; thrust or shaft power; see 9E003.i. b. The dimensions of the outside edges of h.3. ‘‘Development’’ ‘‘technology’’ for the a.11. Hollow fan blades; the cylinder heads; or control law algorithms, including ‘‘source b. ‘‘Technology’’ ‘‘required’’ for the c. The diameter of the flywheel housing; code’’, unique to the ‘‘FADEC system’’ and ‘‘development’’ or ‘‘production’’ of any of the Height: The largest of any of the following: used to regulate engine thrust or shaft power; following: a. The dimension of the crankshaft center- b.1. Wind tunnel aero-models equipped line to the top plane of the valve cover (or Note: 9E003.h does not apply to technical with non-intrusive sensors capable of cylinder head) plus twice the stroke; or data related to engine-‘‘aircraft’’ integration transmitting data from the sensors to the data b. The diameter of the flywheel housing. required by civil aviation authorities of one acquisition system; or f. ‘‘Technology’’ ‘‘required’’ for the or more Wassenaar Arrangement b.2. ‘‘Composite’’ propeller blades or ‘‘production’’ of ‘‘specially designed’’ ‘‘parts’’ Participating States (See Supplement No. 1 to propfans, capable of absorbing more than or ‘‘components’’ for high output diesel part 743 of the EAR) to be published for 2,000 kW at flight speeds exceeding Mach engines, as follows: general airline use (e.g., installation manuals, 0.55; f.1. ‘‘Technology’’ ‘‘required’’ for the operating instructions, instructions for c. ‘‘Technology’’ ‘‘required’’ for ‘‘production’’ of engine systems having all of continued airworthiness) or interface manufacturing cooling holes, in gas turbine the following ‘‘parts’’ and ‘‘components’’ functions (e.g., input/output processing, engine ‘‘parts’’ or ‘‘components’’ employing ceramics materials controlled by airframe thrust or shaft power demand). incorporating any of the ‘‘technologies’’ 1C007: i. ‘‘Technology’’ for adjustable flow path specified by 9E003.a.1, 9E003.a.2 or f.1.a Cylinder liners; systems designed to maintain engine stability 9E003.a.5, and having any of the following: f.1.b. Pistons; for gas generator turbines, fan or power c.1. Having all of the following: f.1.c. Cylinder heads; and turbines, or propelling nozzles, as follows: c.1.a. Minimum ‘cross-sectional area’ less f.1.d. One or more other ‘‘part’’ or i.1. ‘‘Development’’ ‘‘technology’’ for than 0.45 mm2; ‘‘component’’ (including exhaust ports, deriving the functional requirements for the c.1.b. ‘Hole shape ratio’ greater than 4.52; turbochargers, valve guides, valve assemblies ‘‘parts’’ or ‘‘components’’ that maintain and or insulated fuel injectors); engine stability; c.1.c. ’Incidence angle’ equal to or less than f.2. ‘‘Technology’’ ‘‘required’’ for the i.2. ‘‘Development’’ or ‘‘production’’ 25°; or ‘‘production’’ of turbocharger systems with ‘‘technology’’ for ‘‘parts’’ or ‘‘components’’

VerDate Sep<11>2014 19:27 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 56334 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

unique to the adjustable flow path system (A) Rated for operation at frequencies b. ‘Staring Arrays’ having less than 256 and that maintain engine stability; exceeding 2.7 GHz up to and including 6.8 elements. i.3. ‘‘Development’’ ‘‘technology’’ for the GHz and having any of the following: Technical Notes: control law algorithms, including ‘‘source (A.1.) A peak saturated power output a. ‘Scanning Arrays’ are defined as ‘‘focal code’’, unique to the adjustable flow path greater than 600 W (57.8 dBm) at any plane arrays’’ designed for use with a system and that maintain engine stability; frequency exceeding 2.7 GHz up to and scanning optical system that images a scene Note: 9E003.i does not apply to including 2.9 GHz; in a sequential manner to produce an image; ‘‘technology’’ for any of the following: (A.2.) A peak saturated power output b. ‘Staring Arrays’ are defined as ‘‘focal a. Inlet guide vanes; greater than 600 W (57.8 dBm) at any plane arrays’’ designed for use with a b. Variable pitch fans or prop-fans; frequency exceeding 2.9 GHz up to and nonscanning optical system that images a c. Variable compressor vanes; including 3.2 GHz; scene. d. Compressor bleed valves; or (A.3.) A peak saturated power output Note 6: 6A002.a.3 does not apply to the e. Adjustable flow path geometry for greater than 600 W (57.8 dBm) at any following ‘‘focal plane arrays’’ in this List: frequency exceeding 3.2 GHz up to and reverse thrust. a. Gallium Arsenide (GaAs) or Gallium including 3.7 GHz; or j. ‘‘Technology’’ ‘‘required’’ for the Aluminum Arsenide (GaAlAs) quantum well ‘‘development’’ of wing-folding systems (A.4.) A peak saturated power output ‘‘focal plane arrays’’ having less than 256 designed for fixed-wing ‘‘aircraft’’ powered greater than 130 W (51.2 dBm) at any elements; by gas turbine engines. frequency exceeding 3.7 GHz up to and b. Microbolometer ‘‘focal plane arrays’’ N.B.: For ‘‘technology’’ ‘‘required’’ for the including 6.8 GHz; having less than 8,000 elements. ‘‘development’’ of wing-folding systems (B) Rated for operation at frequencies Note 7: 6A002.a.3.g does not apply to designed for fixed-wing ‘‘aircraft’’ specified exceeding 6.8 GHz up to and including 12 ‘‘focal plane arrays’’, ‘‘specially designed’’ or in USML Category VIII (a), see USML GHz and having any of the following: Category VIII (i). modified to achieve ‘charge multiplication’, (B.1.) A peak saturated power output as follows: k. ‘‘Technology’’ not otherwise controlled greater than 130 W (51.2 dBm) at any in 9E003.a.1 through a.8, a.10, and .h and frequency exceeding 6.8 GHz up to and a. Linear (1-dimensional) arrays having used in the ‘‘development’’, ‘‘production’’, or including 8.5 GHz; 4,096 elements or less. overhaul of hot section ‘‘parts’’ or (B.2.) A peak saturated power output b. Non-linear (2-dimensional) arrays ‘‘components’’ of civil derivatives of military greater than 60 W (47.8 dBm) at any having all of the following; b.1. A total of 250,000 elements or less; engines controlled on the U.S. Munitions frequency exceeding 8.5 GHz up to and and List. including 12 GHz. b.2. A maximum of 4,096 elements in each ■ 46. Supplement No. 6 to part 774 is (iii) 3A002.g.1. dimension. amended by revising paragraphs (3), (iv) 3D001—‘‘Software’’ ‘‘specially (6)(xiii), and (8)(i) and (ii), (vi), and designed’’ for the ‘‘development’’ or * * * * * (viii) to read as follows: ‘‘production’’ of equipment controlled under (8) Category 8 3A001.b.2, 3A001.b.3, and 3A002.g.1. Supplement No. 6 to Part 774—Sensitive List (v) 3E001—‘‘Technology’’ according to the (i) 8A001.b to .c. * * * * * General Technology Note for the (ii) 8A002.b—Systems specially designed ‘‘development’’ or ‘‘production’’ of or modified for the automated control of the (3) Category 3 equipment controlled under 3A001.b.2, motion of submersible vehicles specified by 8A001.b through .c using navigation data (i) 3A001.b.2—‘‘Monolithic Microwave 3A001.b.3, and .3A002.g.1. having closed loop servo-controls and having Integrated Circuit’’ (‘‘MMIC’’) amplifiers that * * * * * any of the following: are any of the following: (A) Enabling a vehicle to move within 10 (A) Rated for operation at frequencies (6) Category 6 m of a predetermined point in the water exceeding 2.7 GHz up to and including 6.8 * * * * * column; GHz with a ‘‘fractional bandwidth’’ greater (xiii) 6A002.a.3—Subject to the following (B) Maintaining the position of the vehicle than 15%, and having any of the following: additional notes: within 10 m of a predetermined point in the (A.1.) A peak saturated power output water column; or greater than 300 W (54.8 dBm) at any Note 1: 6A002.a.3 does not apply to the (C) Maintaining the position of the vehicle frequency exceeding 2.7 GHz up to and following ‘‘focal plane arrays’’ in this Supplement: within 10 m while following a cable on or including 2.9 GHz; under the seabed. (A.2.) A peak saturated power output a. Platinum Silicide (PtSi) ‘‘focal plane greater than 300 W (54.8 dBm) at any arrays’’ having less than 10,000 elements; * * * * * frequency exceeding 2.9 GHz up to and b. Iridium Silicide (IrSi) ‘‘focal plane (vi) 8D001—‘‘Software’’ specially designed including 3.2 GHz; arrays’’. for the ‘‘development’’ or ‘‘production’’ of (A.3.) A peak saturated power output Note 2: 6A002.a.3 does not apply to the equipment in 8A001.b to .c, 8A002.b (as greater than 300 W (54.8 dBm) at any following ‘‘focal plane arrays’’ in this described in this Supplement), 8A002.h, frequency exceeding 3.2 GHz up to and Supplement: 8A002.j, 8A002.o.3, or 8A002.p. including 3.7 GHz; or a. Indium Antimonide (InSb) or Lead * * * * * (A.4.) A peak saturated power output Selenide (PbSe) ‘‘focal plane arrays’’ having (viii) 8E001—‘‘Technology’’ according to greater than 120 W (50.8 dBm) at any less than 256 elements; the General Technology Note for the frequency exceeding 3.7 GHz up to and b. Indium Arsenide (InAs) ‘‘focal plane ‘‘development’’ or ‘‘production’’ of including 6.8 GHz; arrays’’; equipment specified by 8A001.b to .c, (B) Rated for operation at frequencies c. L Lead Sulphide (PbS) ‘‘focal plane 8A002.b (as described in this Supplement), 8A002.h, 8A002.j, 8A002.o.3, or 8A002.p. exceeding 6.8 GHz up to and including 12 arrays’’; GHz with a ‘‘fractional bandwidth’’ greater d. Indium Gallium Arsenide (InGaAs) * * * * * than 10%, and having any of the following: ‘‘focal plane arrays’’. ■ (B.1) A peak saturated power output 47. Supplement No. 7 to part 774 is greater than 25 W (44 dBm) at any frequency Note 3: 6A002.a.3 does not apply to amended by revising paragraph (5) to exceeding 6.8 GHz up to and including 8.5 Mercury Cadmium Telluride (HgCdTe) ‘‘focal read as follows: GHz; or plane arrays’’ as follows in this Supplement: (B.2.) A peak saturated power output a. ‘Scanning Arrays’ having any of the Supplement No. 7 to Part 774—Very greater than 25 W (44 dBm) at any frequency following: Sensitive List exceeding 8.5 GHz up to and including 12 1. 30 elements or less; or * * * * * GHz. 2. Incorporating time delay-and-integration (ii) 3A001.b.3—Discrete microwave within the element and having 2 elements or (5) Category 8 transistors that are any of the following: less; (i) 8A001.b.

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56335

(ii) 8A001.c.1. (v) 8E001—‘‘Technology’’ according to the equipment specified by 8A001.b, 8A001.c.1, (iii) 8A002.o.3.b. General Technology Note for the or 8A002.o.3.b. (iv) 8D001—‘‘Software’’ specially designed ‘‘development’’ or ‘‘production’’ of * * * * * for the ‘‘development’’ or ‘‘production’’ of equipment specified by 8A001.b, 8A001.c.1, Matthew S. Borman, or 8A002.o.3.b. Deputy Assistant Secretary for Export Administration. [FR Doc. 2020–16286 Filed 9–10–20; 8:45 am] BILLING CODE 3510–33–P

VerDate Sep<11>2014 18:56 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4701 Sfmt 9990 E:\FR\FM\11SER2.SGM 11SER2 Vol. 85 Friday, No. 177 September 11, 2020

Part III

Department of Homeland Security

8 CFR Parts 1, 103, 204, et al. Collection and Use of Biometrics by U.S. Citizenship and Immigration Services; Proposed Rule

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11SEP2.SGM 11SEP2 56338 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

DEPARTMENT OF HOMELAND production, and to administer and using any of the following alternative SECURITY enforce immigration and naturalization methods: laws. • Email (alternative): 8 CFR Parts 1, 103, 204, 207, 208, 209, The changes proposed in this rule are [email protected] (include 210, 212, 214, 215, 216, 235, 236, 240, intended to: Provide DHS with the the docket number and ‘‘Attention: Desk 244, 245, 245a, 264, 287, 316, 333, and flexibility to change its biometrics Officer for U.S. Citizenship and 335 collection practices and policies to Immigration Services, DHS’’ in the ensure that necessary adjustments can subject line of the email). [CIS No. 2644–19 USCIS Docket No. USCIS– • Fax: 202–395–6566. 2019–0007] be made to meet emerging needs, enhance the use of biometrics beyond • Mail: Office of Information and RIN 1615–AC14 background checks and document Regulatory Affairs, Office of production to include identity Management and Budget, 725 17th Collection and Use of Biometrics by verification and management in the Street NW, Washington, DC 20503; U.S. Citizenship and Immigration immigration lifecycle, enhance vetting Attention: Desk Officer, U.S. Citizenship Services to lessen the dependence on paper and Immigration Services, DHS. FOR FURTHER INFORMATION CONTACT: AGENCY: U.S. Citizenship and documents to prove identity and Immigration Services, DHS. familial relationships, preclude Michael J. McDermott, Security and imposters, and improve the consistency Public Safety Division, Office of Policy ACTION: Notice of proposed rulemaking. in biometrics terminology within DHS . and Strategy, U.S. Citizenship and SUMMARY: This rule proposes to amend DATES: Written comments must be Immigration Services, Department of DHS regulations concerning the use and submitted on this rule on or before Homeland Security, 20 Massachusetts collection of biometrics in the October 13, 2020. Comments on the Ave. NW, Washington, DC 20529–2240, enforcement and administration of Paperwork Reduction Act section of this telephone (202) 272–8377 (this is not a immigration laws by U.S. Citizenship rule (the information collection toll-free number). and Immigration Services (USCIS), U.S. discussed therein) must be received on SUPPLEMENTARY INFORMATION: Customs and Border Protection (CBP), or before November 10, 2020. Table of Contents and U.S. Immigration and Customs ADDRESSES: You may submit comments Enforcement (ICE). First, DHS proposes on the entirety of this proposed rule I. Public Participation that any applicant, petitioner, sponsor, II. Executive Summary package, identified by DHS Docket No. A. Purpose and Summary of the Regulatory beneficiary, or individual filing or USCIS–2019–0007, through the Federal Action associated with an immigration benefit eRulemaking Portal: http:// B. Summary of Costs and Benefits or request, including United States www.regulations.gov. Follow the III. Background and Purpose citizens, must appear for biometrics website instructions for submitting IV. Discussion of Proposed Changes collection without regard to age unless comments. V. Statutory and Regulatory Requirements DHS waives or exempts the biometrics Comments submitted in a manner A. Executive Orders 12866 and 13563 requirement. Second, DHS proposes to other than the one listed above, B. Regulatory Flexibility Act authorize biometric collection, without including emails or letters sent to DHS C. Small Business Regulatory Enforcement Fairness Act of 1996 regard to age, upon arrest of an alien for or USCIS officials, will not be D. Unfunded Mandates Reform Act of 1995 purposes of processing, care, custody, considered comments on the proposed E. Executive Order 13132 (Federalism) and initiation of removal proceedings. rule and may not receive a response F. Executive Order 12988 (Civil Justice Third, DHS proposes to define the term from DHS. Please note that DHS and Reform) biometrics. Fourth, this rule proposes to USCIS cannot accept any comments that G. Paperwork Reduction Act increase the biometric modalities that are hand delivered or couriered. In H. Family Assessment DHS collects, to include iris image, addition, USCIS cannot accept I. National Environmental Policy Act palm print, and voice print. Fifth, this comments contained on any form of (NEPA) J. Congressional Review Act rule proposes that DHS may require, digital media storage devices, such as K. Executive Order 13175 request, or accept DNA test results, CDs/DVDs and USB drives. Due to L. National Technology Transfer and which include a partial DNA profile, to COVID–19, USCIS is also not accepting Advancement Act prove the existence of a claimed genetic mailed comments at this time. If you M. Executive Order 12630 relationship and that DHS may use and cannot submit your comment by using N. Executive Order 13045 store DNA test results for the relevant http://www.regulations.gov, please O. Executive Order 13211 adjudications or to perform any other contact Samantha Deshommes, Chief, P. Signature functions necessary for administering Regulatory Coordination Division, Table of Abbreviations and enforcing immigration and Office of Policy and Strategy, U.S. naturalization laws. Sixth, this rule Citizenship and Immigration Services, AAC Accompanied Alien Children ASC Application Support Center would modify how VAWA and T Department of Homeland Security, by AWA Adam Walsh Child Protection and nonimmigrant petitioners demonstrate telephone at 202–272–8377 for alternate Safety Act good moral character, as well as remove instructions. BFR Biometrics fee ratio the presumption of good moral Collection of Information: You must CBP U.S. Customs and Border Protection character for those under the age of 14. submit comments on the collection of CJIS FBI Criminal Justice Information Lastly, DHS proposes to further clarify information discussed in this notice of Services the purposes for which biometrics are proposed rulemaking to either DHS’ CPMS Customer Profile Management collected from individuals filing docket or the Office of Management and System DHS Department of Homeland Security immigration applications or petitions, to Budget’s (OMB) Office of Information DNA deoxyribonucleic acid include criminal history and national and Regulatory Affairs (OIRA). OIRA DOS Department of State security background checks; identity will have access to and view the FBI Federal Bureau of Investigation enrollment, verification, and comments submitted in the docket. ICE U.S. Immigration and Customs management; secure document OIRA submissions can also be sent Enforcement

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56339

IDENT Automated Biometric Identification in the section of the main preamble that a record of certain criminal offenses or System discusses the background, need, and administrative violations. Criminal IdHS Identity History Summary authority for the change. histories are relevant because they are IIRIRA Illegal Immigration Reform and used to determine eligibility for both A. Purpose and Summary of the Immigrant Responsibility Act discretionary and non-discretionary IMBRA International Marriage Broker Regulatory Action immigration benefits. Therefore, DHS Regulation Act DHS has general and specific INA Immigration and Nationality Act must include national security NTA Notice to Appear (issued to initiate statutory authority to collect or require considerations and criminal history removal proceedings under INA section submission of biometrics from background checks in its adjudications. 240) applicants, petitioners, and beneficiaries Several statutes authorize DHS to OBIM DHS Office of Biometric Identity for immigration benefits; and from conduct biometric collection in relation Management aliens upon their arrest for purposes of to national security and public safety RAIO Refugee, Asylum, and International processing, care, custody, and initiation purposes, as well as for document Operations of removal proceedings.12 As detailed production. Other statutes authorize SEVP Student and Exchange Visitor in the Authority section of the preamble DHS to collect the biometrics of U.S. Program that follows this Executive Summary, citizen and lawful permanent resident TVPRA Trafficking Victims Protection the Immigration and Nationality Act Reauthorization Act petitioners of family-based immigrant UAC Unaccompanied Alien Children (INA) at section 103(a), 8 U.S.C. 1103(a), and nonimmigrant fiance´(e) petitions to USCIS U.S. Citizenship and Immigration provides general authority for DHS to determine if a petitioner has been Services collect or require submission of convicted of certain crimes. In addition, USRAP United States Refugee Admissions biometrics and specific authority in certain laws and executive branch Program several sections.3 DHS currently guidance requires DHS to have a robust VAWA Violence Against Women Act collects, stores, and uses biometrics for system for biometrics collection, I. Public Participation the following purposes: Conducting storage, and use related to providing background checks to determine adjudicating immigration benefits and Interested persons are invited to eligibility for a benefit or other request; performing other functions necessary for participate in this rulemaking by document production associated with administering and enforcing of submitting written data, views, or an application, petition, or other request immigration and naturalization laws. arguments on all aspects of this for certain immigration and Current regulations also provide both proposed rule. The Department of naturalization benefits or actions; and general authorities for the collection of Homeland Security (DHS) also invites performing other functions related to biometrics in connection with comments that relate to the economic, administering and enforcing the administering immigration and environmental, or federalism effects that immigration and naturalization laws naturalization benefits requests and might result from this proposed rule. such as identity verification upon administering and enforcing Comments that provide the most issuance of a Notice to Appear (NTA) immigration laws. For example, any assistance to DHS will reference a under section 240 of the INA. applicant, petitioner, sponsor, specific portion of the proposed rule, DHS is precluded in many cases from beneficiary, or individual filing a benefit explain the reason for any approving, granting, or providing request may be required to appear for recommended change, and include data, immigration benefits to individuals with biometrics collection. See 8 CFR information, or authority that support 103.2(b)(9). DHS currently has authority such recommended change. 1 This rule proposes changes to the regulations to require an individual to submit Instructions: All submissions received governing collection of biometrics for benefit requests administered by U.S. Citizenship and biometric information to conduct must include the agency name and Immigration Services (USCIS). It also impacts U.S. background and security checks and USCIS Docket No. USCIS–2019–0007 Customs and Border Protection (CBP) and U.S. perform other functions related to for this rulemaking. All comments Immigration and Customs Enforcement (ICE), which administering and enforcing received will be posted without change have immigration enforcement responsibilities that may require collection, use, and storage of immigration laws. See 8 CFR 103.16(a). to http://www.regulations.gov, including biometrics and use USCIS systems or service forms DHS proposes to change the regulations any personal information provided. for which biometrics would be required by this in a number of ways. Docket: For access to the docket to rule. Those provisions are discussed further below. The immigration benefit request read background documents or For example, ICE, Student and Exchange Visitor adjudications process requires DHS to Program (SEVP) uses USCIS Form I–539, comments received, go to http:// Application to Extend/Change Nonimmigrant verify the identity of an individual www.regulations.gov. Status, and Form I–765, Application for applying for or seeking to receive any Employment Authorization Document. This rule benefit, and also requires national II. Executive Summary generally does not propose to authorize CBP or ICE security and criminal history to expand biometrics collections beyond either As previously stated, this rule agency’s current, independent authorities. background checks to determine if such proposes to amend DHS regulations However, this rule does propose to authorize CBP an individual is eligible for the benefit. concerning the use and collection of and ICE to expand their current biometrics The adjudication includes a review of biometrics in the administration and collections for immigration benefit requests to the individual’s current immigration individuals under the age of 14 and authorizes enforcement of immigration and collection of additional biometrics modalities. status, current immigration filings, past naturalization laws as well as the 2 For the purposes of this rule, DHS is including immigration filings, and whether adjudication of benefit requests. This all requests processed by USCIS in the term previous benefits were granted or Executive Summary summarizes the ‘‘benefit request’’ or ‘‘immigration benefit request’’ denied. Immigration laws preclude DHS although the form or request may not be to request changes made by this rule so readers a benefit. For example, deferred action is solely an from granting many immigration and may obtain a brief overview of the exercise of prosecutorial discretion by DHS and not naturalization benefits to individuals changes DHS proposes herein without an immigration benefit, but would fit under the with certain criminal or administrative reading the entire rule. DHS has definition of ‘‘benefit request’’ at 8 CFR 1.2 for violations, or with certain disqualifying purposes of this rule. included full legal citations of 3 The applicable statutory sections of each characteristics, while also providing authorities, explanations, and more provision are explained in the body of the preamble DHS discretion in granting an details regarding the proposed changes which follows this Executive Summary. immigration benefit in many instances.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56340 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

DHS conducts checks to determine if an waives or exempts the requirement.5 In required to submit biometrics unless individual has a history that could addition to removing the age restrictions and until they are granted U.S. render him or her inadmissible or in the context of adjudicating citizenship. The rule further proposes removable, a criminal record, an immigration benefit requests, DHS is that a lawful permanent resident or U.S. association with human rights also removing the age restrictions for citizen may be required to submit violations, or involvement in terrorist biometrics collection in the context of biometrics if he or she filed an activities or organizations. The current Notice to Appear (NTA) issuance for the application, petition, or request in the DHS biometric collection process for same purposes (i.e., identity past and it was either reopened or the benefits adjudication begins with the verification, national security and previous approval is relevant to an collection of an individual’s criminal history background checks, application, petition, or benefit request photograph, fingerprints, and signature etc.). See Proposed 8 CFR 236.5. currently pending with DHS. at an authorized biometric collection DHS emphasizes that it is not The changes to the use and collection site. Collections outside the United proposing an absolute biometrics of biometrics and expanded scope of States may be conducted on behalf of collection requirement. Rather, the populations also are pertinent to U.S. DHS by other federal agencies. Under purpose of this rule is to provide notice Immigration and Customs Enforcement this rule, DHS may also require, request, that every individual requesting a (ICE) and the Executive Office for or accept DNA (deoxyribonucleic acid) benefit before or encountered by DHS is Immigration Review (EOIR), a test results as evidence of genetic subject to the biometrics requirement component of the U.S. Department of relationships. unless DHS waives or exempts it. This Justice (DOJ), given that immigration While DHS has the authority to notice will be added to relevant forms judges and the Board of Immigration collect biometrics from any applicant, in the Privacy Notice. The increased use Appeals (BIA) are prohibited from petitioner, sponsor, beneficiary, of biometrics by DHS will include granting relief or protection from requestor, or individual filing or identity management in the immigration removal to an alien 14 years of age or associated with a request, or to perform lifecycle, which will enable it to older unless an ICE attorney reports that other functions related to administering transition to a person-centric model to all required ‘‘identity, law enforcement, and enforcing the immigration and organize and manage its records, or security investigations or naturalization laws, submission of manage unique identities, verify examinations’’ have been completed. biometrics is only mandatory for certain immigration records, and will reduce See INA section 262, and 8 CFR benefit requests and enforcement reliance on biographic data for identity 1003.1(d)(6), 1003.47(g). ICE relies, in actions upon request of DHS. For all management in the immigration part, on USCIS biometric collection in other benefit requests and enforcement lifecycle. Biographic data possess this regard. Further, DHS has leeway in actions, DHS must decide, in inherent inconsistencies that could terms of the exact types of such accordance with its statutory and result in immigration benefits being background and security checks. See regulatory authorities, if the request or granted to ineligible applicants or Background and Security Investigations enforcement action justifies collection imposters. Using biometrics for identity in Proceedings Before Immigration of biometrics and notify the individual verification and management in the Judges and the Board of Immigration where they will be collected when a immigration lifecycle will help ensure Appeals, 70 FR 4743, 4744 (2005) collection is warranted and for what that an individual’s immigration records (‘‘There is no need for this rule to purposes they will be used. DHS has pertain only to that individual, and help decided that the more limited focus on DHS locate, maintain, and update the specify the exact types of background background checks and document individual’s immigration status, and security checks that DHS may production is outdated because previously submitted identity conduct with respect to aliens in immigration benefit request documentation, as well as certain proceedings.’’). adjudication and the enforcement and biographic data. DHS proposes to collect DHS recognizes that removing the age administration of immigration laws biometrics at any age to ensure the restrictions associated with biometrics include verifying identity and immigration records created for children collection in DHS regulations, without determining whether or not the can be related to their adult records removing the age restrictions in DOJ individual poses a risk to national later, help combat child trafficking, EOIR regulations, could create disparate security or public safety. DHS has smuggling, and labor exploitation by processes for biometric collections in decided that it is necessary to increase facilitating identity verification, while immigration adjudications. Specifically, routine biometric collections to include confirming the absence of criminal a child under 14 may be required to individuals associated with immigration history or associations with terrorist submit biometrics for an application benefits and to perform other functions organizations or gang membership. submitted to USCIS, but the same child related to administering and enforcing DHS also plans to implement a would be exempt from biometrics for an the immigration and naturalization program of continuous immigration application submitted with DOJ EOIR. laws. Therefore, DHS proposes in this vetting, and require that aliens be These disparate authorities could also rule that any applicant, petitioner, subjected to continued and subsequent cause confusion given USCIS collects sponsor, beneficiary, or individual filing evaluation to ensure they continue to biometrics at its ASCs for many or associated 4 with a certain benefit or present no risk of causing harm applications and petitions adjudicated request, including U.S. citizens and subsequent to their entry. This rule by EOIR. However, DHS and DOJ will without regard to age, must appear for proposes that any individual alien who continue to be bound by their respective biometrics collection unless DHS is present in the United States following regulations. To the extent that any an approved immigration benefit may be controversy may arise interpreting DHS 4 By ‘‘associated’’ DHS means a person with and DOJ regulations regarding the substantial involvement in the immigration benefit 5 The terms ‘‘file,’’ ‘‘submit,’’ ‘‘associated with’’ or removal of age restrictions for request, such as a named derivative, beneficiary, variations thereof, as used throughout this rule, do biometrics collection, until DOJ removes petitioner’s signatory, or co-applicant. DHS will not not encompass attorneys and accredited require biometrics to be submitted by agents, representatives, although attorneys and accredited its age restrictions DHS intends to representatives, interpreters, preparers, or representatives may physically ‘‘file’’ or ‘‘submit’’ a follow DOJ regulations with respect to guardians. request on behalf of a client. age restrictions when collecting

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56341

biometrics for an application or petition require documentary evidence such as than just ‘‘fingerprints’’ in connection that will be adjudicated by EOIR. marriage and birth certificates, and with administering and enforcing the DHS anticipates that by removing age secondary evidence such as medical immigration and naturalization benefits restrictions on the collection of records, school records, religious or other services, and to expressly biometrics this rule will enhance the documents, and affidavits to support define ‘‘biometrics’’ to include a wider ability of ICE and CBP to identify claims based on familial relationships. range of modalities than just fraudulent biological relationships DHS currently does not have in place fingerprints and photographs. DHS claimed at the border and upon express regulatory provisions to require, proposes to define the term apprehension.6 Under the current request, or accept DNA testing results to ‘‘biometrics’’ to mean ‘‘the measurable interpretation of the Flores Settlement prove genetic relationships, but because biological (anatomical and Agreement, DHS typically releases alien documentary evidence may be physiological) or behavioral minors apprehended at the border from unreliable or unavailable, in some characteristics used for identification of its detention facilities within 20 days— situations, individuals are allowed to an individual,’’ including a list of often in conjunction with the adults voluntarily submit DNA test results. modalities of biometric collection. See with whom these minors were Under this rule, DHS may expressly proposed 8 CFR 1.2. Further, DHS encountered. This may encourage the require, request, or accept DNA proposes the following biometrics as proliferation of fraudulent family unit evidence to demonstrate the existence of authorized biometric modalities that schemes wherein unrelated adults and the claimed genetic relationship. DHS DHS may request, require, or accept children claim biological relationships proposes to treat raw DNA (the physical from individuals in connection with in order to secure prompt release into sample taken from the applicable services provided by DHS and to the United States. Alien smuggling individual) that is taken as a distinctive perform other functions related to organizations are aware of this loophole biometric modality from the other administering and enforcing the and are taking full advantage of it, biometric modalities it is authorized to immigration and naturalization laws: • placing children into the hands of adult collect, and not handle or share any raw Fingerprint; • palm print; strangers, so they can pose as families DNA for any reason beyond the original • and be released from immigration purpose of submission (e.g., to establish photograph (facial images custody after crossing the border, or verify a claimed genetic relationship), specifically for facial recognition, as creating another safety issue for these unless DHS is required to share by law. well as photographs of physical or children. DHS’s ability to collect DNA test results, which include a anatomical features such as scars, skin marks, and tattoos); biometrics, including DNA, regardless partial DNA profile, like other evidence • of a minor’s age, will allow DHS to signature; of a familial relationship, becomes part • voice print; accurately verify or refute claimed of the record, and DHS will store and • iris image; and genetic relationships among share DNA test results, which include a • DNA (DNA test results, which apprehended aliens and ensure that partial DNA profile, for adjudication include a partial DNA profile attesting unaccompanied alien children (UACs) purposes, or to perform any other to genetic relationship). are properly identified and cared for.7 functions necessary for administering The proposed definition of biometrics Regarding the use of DNA evidence, and enforcing immigration and would authorize the collection of where evidence of a relationship is naturalization laws, to the extent specific biometric modalities and the required, this rule proposes to grant permitted by law. use of biometrics for: Identity DHS express authority to require, In recent years, government agencies enrollment, verification, and request, or accept DNA test results from have grouped together identifying management in the immigration relevant parties as evidence of a claimed features and actions, such as lifecycle; national security and criminal 8 genetic relationship. DHS recognizes fingerprints, photographs, and history background checks to support that there are qualifying family signatures under the broad term, determinations of eligibility for members, such as adopted children, biometrics. The terms, biometric immigration and naturalization benefits; who do not have a genetic relationship ‘‘information,’’ ‘‘identifiers,’’ or ‘‘data,’’ the production of secure identity to the individual who makes an are used to refer to all of these features, documents; and to perform other immigration benefit request on their including additional features such as functions related to administering and behalf. To the extent the rule discusses iris image, palm print, DNA, and voice enforcing the immigration and using DNA evidence to establish print.As a result, DHS has adopted the naturalization laws. DHS has internal qualifying relationships in support of practice of referring to fingerprints and procedural safeguards to ensure certain immigration benefit requests, it photographs collectively as technology used to collect, assess, and is referring only to genetic relationships ‘‘biometrics,’’ ‘‘biometric information,’’ store the differing modalities is that can be demonstrated through DNA or ‘‘biometric services.’’ Most laws on accurate, reliable, and valid. Further, as testing. Current regulations generally the subject do not specify individual with any other USCIS petition or biometric modalities such as iris image, application, if a decision will be adverse 6 To clarify, DHS is not proposing DNA collection to an applicant or petitioner and is at ports of entry. palm print, voice print, DNA, and/or 7 For example, between July 2019 and November any other biometric modalities that may based on derogatory information the 2019, DHS, identified 432 incidents of fraudulent be collected from an individual in the agency considered, he/she shall be family claims by conducting a Rapid DNA testing future. DHS is proposing to update the advised of that fact and offered an under a pilot program named Operation Double terminology in the applicable opportunity to rebut the information. 8 Helix. This is over 20% of the total family units tested (1,747). regulations to uniformly use the term CFR 103.2(b)(16)(i). DNA, while a 8 This rule is not concerned with, and creates no ‘‘biometrics.’’ DHS seeks to utilize a biometric, would only be collected in authority to limit, DNA sample collection required single, inclusive term comprehensively limited circumstances to verify the by 34 U.S.C. 40702(a)(1)(A) and 28 CFR 28.12 from throughout regulations and form existence of a claimed genetic individuals who are arrested, facing charges, or relationship. To conform to the convicted and from non-United States persons who instructions. DHS proposes to define the are detained under the authority of the United term, ‘‘biometrics,’’ to clarify and fully proposed changes that would expand States. explain its authority to collect more biometric collection, DHS proposes to

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56342 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

remove individual references to Broker Regulation Act (IMBRA) 10 Similarly, DHS proposes to eliminate ‘‘fingerprints,’’ ‘‘photographs,’’ and/or provides that petitioners for an alien the requirement that T nonimmigrant ‘‘signatures’’ and replace them with the fiance´(e) or alien spouse must submit adjustment of status applicants submit term ‘‘biometrics.’’ criminal conviction information for self-reported police clearance letters, DHS originally codified restrictions certain crimes. To comply with AWA unless they lived outside the United on the ages of individuals from whom and IMBRA, DHS proposes to require States during the requisite period. biometrics could be collected based on biometrics from all family-based Adjudicators would assess good moral the policies, practice, or technological petitioners, which would allow DHS to character based on the applicant’s limitations. For biometrics use to review a Federal Bureau of Investigation criminal history, national security expand to identity management and (FBI) report of the petitioner’s criminal background check, and any other verification in the immigration lifecycle, history. The proposed requirement credible and relevant evidence this rule would allow for biometric would extend to family-based petitions submitted. DHS also proposes to amend collection from any individual, without for a spouse, fiance´(e), parent, 8 CFR 245.23(g) to refer to the relevant age limitation; thus, DHS proposes to unmarried child under 21 years of age, ‘‘continuous period’’ rather than remove all age limitations or restrictions unmarried son or daughter 21 years of ‘‘continued presence,’’ and to provide on biometrics collection from the age or over, married son or daughter of that USCIS would be able to consider regulations in the context of both any age, sibling, and any derivative the applicant’s conduct beyond the immigration benefit requests, entering beneficiary immigrant or nonimmigrant requisite period, where earlier conduct or exiting the United States, NTA visa based on a familial relationship. is relevant to the applicant’s moral issuance, and to perform other functions DHS proposes to require Violence character and conduct during the related to administering and enforcing Against Women Act (VAWA) self- requisite period does not reflect a the immigration and naturalization petitioners appear for biometric reform of character. collection, and to remove the laws. DHS also proposes to remove the requirement that self-petitioners who presumption of good moral character for DHS also proposes to consolidate have resided in the United States submit sections of 8 CFR providing what USCIS T nonimmigrant adjustment of status police clearance letters as evidence of applicants under 14 years of age. The can or will do with an immigration good moral character because DHS will benefit request when required rule provides that such applicants will be able to obtain the self-petitioner’s submit biometrics that USCIS will use biometrics are not submitted and how criminal history using the biometrics. biometrics appointments can be in the determination of good moral VAWA self-petitioners are currently character and provides USCIS with the rescheduled. In addition, DHS is required to provide (1) a personal proposing to remove and/or replace authority to require additional evidence statement from the self-petitioner, (2) of good moral character. Proposed 8 language that applies to paper filings police clearance letters from the self- CFR 245.23(g). The proposed changes with language that encourages petitioner’s places of residence for the would remove the superfluous need for electronic filing. References to position three years before filing, and (3) other police clearance letters from T titles, form numbers, mailing addresses, credible evidence, including affidavits nonimmigrant adjustment applicants. copies, and office jurisdiction are from third parties attesting to the self- proposed to be removed. In addition, petitioner’s good moral character. DHS DHS proposes to collect biometrics internal USCIS processes are proposed proposes to require biometrics from and perform background checks on U.S. to be removed from the regulatory text. VAWA self-petitioners to obtain the citizen and lawful permanent resident DHS is also proposing to clarify self-petitioner’s criminal history and principals of a regional center. See submission of passport-style paper support identity enrollment, Departments of Commerce, Justice, and photographs with certain applications verification, and management in the State, the Judiciary, and Related or petitions, and eliminating outdated immigration lifecycle and conduct Agencies Appropriations Act, 1993, requirements for submitting national security and criminal history Public Law 102–395, 106 Stat. 1828, 8 photographs with immigration benefit background checks. The proposed U.S.C. 1153 note (‘‘Such pilot program requests. Photograph submission and change will reduce the evidence shall involve a regional center in the use requirements of the INA would be required to establish good moral United States for the promotion of met in the future by electronic character for many self-petitioners, economic growth[.]’’). USCIS would photograph collection. however law enforcement clearances are review the results of national security DHS is also proposing to require still required for self-petitioners who and criminal history background checks biometrics from U.S. citizens or lawful recently resided outside the United in order to decide whether the permanent residents when they submit States. In addition, DHS proposes that principals of the intending or existing a family-based visa petition. DHS has good moral character for a VAWA self- regional center, and the regional center determined that U.S. citizen and lawful petitioner may extend beyond the three itself, are bona fide and capable of permanent resident petitioners must years immediately before filing. See credibly promoting such economic submit biometrics in order for DHS to generally 8 CFR 316.10(a)(2). DHS growth. This proposal would provide comply with the Adam Walsh Child further proposes to remove the USCIS relevant information regarding Protection and Safety Act of 2006 automatic presumption of good moral whether the regional center will, or is (AWA),9 which prohibits DHS from character for VAWA self-petitioners continuing to, promote economic approving family-based immigrant visa under 14 years of age. Self-petitioners growth in accordance with regional petitions and nonimmigrant fiance´(e) under 14 would submit biometrics like center program requirements. visa petitions if the petitioner has been any other VAWA self-petitioner. DHS also proposes to remove 8 CFR convicted of certain offenses. In 216.4(b)(1) and (2), and 216.6(b)(1) and addition, the International Marriage 10 Violence Against Women and Department of (2) to clarify interview procedures for Justice Reauthorization Act of 2005 (VAWA 2005), conditional permanent residents, to Public Law 109–162, 119 Stat. 2960 (2006); and reduce potential redundancies, and 9 Public Law 109–248, section 402; 120 Stat. 587, (VAWA 2013), Public Law 113–4, sections 807–8, 622 (July 27, 2006); INA 204(a)(1)(A)(viii) & 127 Stat. 54, 112–17; 8 U.S.C. 1375a); INA sections ensure greater uniformity within DHS (B)((i)(I). 214(d)(1), (3). operations.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56343

DHS does not plan to immediately increase from 3.90 million currently to new impacts in this regard but would expand all of its programs to provide 6.07 million, and, from a generalized expand the population that could have that all new biometrics modalities collection rate across all forms of 46 privacy concerns. When costs of would be required of all potentially percent currently to 71.2 percent $705,555 are incorporated to include amenable individuals as of the effective (projected). The increase in biometrics fees the FBI would collect for providing date of a potential final rule. Only those submissions would accrue to three fingerprint-based and name-based revised forms that propose to add a population segments: (i) A small subset Criminal History Record Information particular biometric collection or DNA of forms in which biometrics collection (CHRI) checks for NTAs, the annual submission requirement in conjunction is collected routinely in which the age- costs are about $298 million. with this rule (as described in the eligible population will expand; (ii) the In addition, DHS proposes to expand Paperwork Reduction Act (PRA) section broadening of routine collection to a its regulatory authority so that it may of this preamble) will be immediately dozen or so forms in which collection require, request, or accept DNA or DNA subject to new biometrics, modalities, or is not currently routine; and (iii) the test results, which include a partial DNA requirements. DHS proposes that expansion of the age-eligible biometrics DNA profile, to prove the existence of DHS component agencies may expand population to a collection of forms a genetic relationship for any benefit or contract their biometrics submission characterized by very low filing request where such a relationship must requirements within the parameters of volumes, unspecified forms, and forms be established, such as certain family- this rule in the future by notice in the in which DHS does not intend to based benefit requests, including but not Federal Register or updated form broadly extend collection on a routine limited to the following: instructions. basis at this time. USCIS is also • Petition for Alien Relative (Form I– USCIS is authorized to collect an $85 removing the age restrictions for 130); biometric services fee, but has proposed biometrics collection in the context of • Refugee/Asylee Relative Petition to incorporate the biometric services an NTA issuance. However, the (Form I–730); costs into the underlying immigration issuance of an NTA is not an • Application for T Nonimmigrant benefit request fees for which biometric ‘‘application, petition, or other request Status, Supplement A (Form I–914A); services are applicable in a recent final for certain immigration and • Petition for U Nonimmigrant Status, rule. See U.S. Citizenship and naturalization benefits.’’ See 8 CFR Supplement A (Form I–918A); Immigration Services Fee Schedule and 103.7(b)(1)(i)(C). For this stated reason, • Petition for Qualifying Family Changes to Certain Other Immigration USCIS will not (and does not currently) Member of a U–1 Nonimmigrant (Form Benefit Request Requirements, 85 FR collect the $85 biometrics services fee I–929); • 46788 (Aug. 3, 2020) (Fee Rule). The from those whose DNA was collected in Application for Certificate of $85 biometric services fee required by 8 the course of being issued NTAs or for Citizenship (Form N–600); • CFR 103.7(b)(1)(i)(C) that DHS estimates other immigration law enforcement Application for Citizenship and will be collected as a result of this purposes. Based on FY 2018 statistics, Issuance of Certificate Under Section proposed rule will not be collected if 322 (Form N–600K); the proposed rule, could result in DHS • the Fee Rule takes effect before this rule collecting biometrics from as many as And any other form where the does. 63,000 additional individuals under the existence of a genetic relationship is at issue for a beneficiary, dependent, B. Summary of Costs and Benefits age of 14 years annually associated with NTAs.11 derivative, rider, or other qualifying DHS proposes to expand the The proposed rule would expand the family member. collection of biometrics to require any collection of the $85 biometric services DHS is not proposing with this rule to individual filing or associated with an fee to include any individual appearing require in all cases proof of a genetic immigration benefit or request to appear for biometrics collection in connection relationship submission in connection for biometrics collection, and, if with a benefit request unless the with these forms via raw DNA or DNA applicable, pay the $85 biometric individual is statutorily exempt from test results, which include a partial services fee unless exempted or waived paying the biometric services fee or if he DNA profile. However, the rule will from appearing and/or paying for such or she has received a fee waiver. DHS allow immediately for DHS, in its biometrics collection. This proposed estimates that there will be 1.63 million discretion, to request, require, or accept rule would also change current new biometrics fee payments annually. DNA or DNA test results, which include regulations by defining the term The annual quantified costs associated a partial DNA profile, for individual ‘‘biometrics’’ to clarify and fully explain with submitting new biometrics benefit requests requiring proof of a DHS’s regulatory authority to collect submissions could be $158.9 million, genetic relationship. Since the actual biometrics information. The proposal to and the costs associated with the new volume cannot be predicted at this time expand the collection of biometrics fees could be $138.4 million, for a with accuracy, DHS conducted a would impact certain populations combined total of $297.3 million in sensitivity analysis using a range of 10 without regard to age or U.S. citizenship quantified costs. There could be some to 100 percent to estimate the potential status. Additionally, DHS proposes to unquantified impacts related to privacy costs for eligible populations associated further clarify the purposes for which concerns for risks associated with the with these family-based benefit biometrics are collected, stored, and collection and retention of biometric requests. The costs to principal filers utilized. Last, this rule proposes that information, as discussed in DHS’s and beneficiaries/qualifying family DHS may require, request, or accept the Privacy Act compliance documentation. members who may submit DNA or DNA submission of DNA or DNA test results However, this rule would not create test results, which include a partial to verify a claimed genetic relationship. DNA profile, to establish a genetic DHS estimates that under the 11 To be clear, DHS is not estimating that this rule relationship in support of these benefit proposed rule, from those seeking an would result in the issuance of 63,000 additional requests would range from $22.4 million immigration benefit, about 2.17 million NTAs by its components; rather, 63,000 NTAs were to $224.1 million annually, in issued in FY 2018 to minors under the age of 14 new biometrics submissions will be who would be subject to biometric collection (for undiscounted terms. collected annually, and the resulting the purpose of verifying identify) under the Combining the cost of the biometrics biometrics submitting population will parameters of this proposed rule. collection (in both the benefits and law

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56344 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

enforcement contexts) with the DNA naturalization benefits with a more with the improved ability to identify costs, DHS estimated the total reliable system for verifying their and limit fraud because biometrics monetized costs of the proposed rule at identity when submitting a benefit technology measures unique physical three points of the DNA submission request. This would limit the potential characteristics that are more difficult to range, to represent a lower bound (10 for identity theft while also reducing the falsify than documentary evidence of percent), a midrange (50 percent), and a likelihood that DHS would be unable to biographic information, when collected high range (90 percent). In verify an individual’s identity and under controlled circumstances and undiscounted terms, the ten-year (2021– consequently deny the benefit. In retained and used for a limited period 2030) costs could range from $3,204.1 to addition, the proposal to allow of time. Biometrics would also help $4,996.9 million, with a midrange of individuals to use DNA testing as reduce the administrative burden $4,100.5 million. At a 3 percent rate of evidence to demonstrate the existence of involved in identity verification and the discount, the ten-year present values a claimed genetic relationship would could range from $2,773.2 million, to provide them the opportunity to performance of criminal history checks, $4,262.4 million, with a midrange of demonstrate a genetic relationship using by reducing the need for manual $3,497.8 million. At a 7 percent rate of a quicker and more effective technology document review and name-based discount, the ten-year present values than the blood testing method currently security checks. The proposed rule also could range from $2,250.4 million to provided for in the regulations. See 8 would enhance the U.S. Government’s $3,509.6 million, with a midrange of CFR 204.2(d)(2)(vi). capability to identify criminal activity $2,880.0 million. The average The proposed rule would benefit the and protect vulnerable groups by annualized equivalence costs could U.S. Government by enabling DHS with supporting identity enrollment and range from $320.4 million to $499.7 more fidelity and efficiency in identity verification in the immigration lifecycle million, with a midrange of $410 verification, identity management in the by extending the collection of million. immigration lifecycle, and vetting of biometrics to populations under certain The proposed rule would provide individuals seeking certain immigration benefit requests. benefits that are not possible to and naturalization benefits, as well as in Table 1 provides a more detailed quantify. Qualitatively, the proposed DHS functions related to law rule would provide individuals enforcement purposes. The expanded summary of the proposed provisions requesting certain immigration and use of biometrics stands to provide DHS and their impacts.

TABLE 1—SUMMARY OF PROVISIONS AND IMPACTS

Proposed change Expected cost of the provision Expected benefit of the provision

DHS proposes to expand collection of bio- Individuals Submitting Biometrics— ...... Individuals Submitting Biometrics— metrics to require any individual filing or as- Quantitative: ...... Qualitative: sociated with an immigration benefit or re- • Total annual direct costs of the proposed • The proposed rule provides individuals re- quest to appear for biometrics collection with- rule: questing certain immigration and naturaliza- out regard to age. Æ $158,940,196 for about 2.17 million ..... tion benefits with a more reliable system for individuals to submit ...... verifying their identity when submitting a biometrics ...... benefit request. This would limit the poten- Æ $138,356,283 for about 1.63 million tial for identity theft. It would also reduce new $85 biometric services fees. the likelihood that DHS would not be able to verify an individual’s identify and there- fore possibly deny a benefit request. Government— Qualitative: • DHS would be able to routinely collect bio- metrics information from children under the age of 14, and therefore, increase the U.S. Government’s capabilities of determining the identity of a child who may be vulner- able to gang affiliation, human trafficking child sex trafficking, forced labor exploi- tation, and alien smuggling. • The proposed rule would provide a benefit to the U.S. Government by enabling DHS to know with greater certainty the identity of individuals requesting certain immigration and naturalization benefits. The expanded use of biometric information would provide DHS with the ability to limit identity fraud because biometrics technologies measure unique physical characteristics and more difficult to falsify than biographic docu- ments.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56345

TABLE 1—SUMMARY OF PROVISIONS AND IMPACTS—Continued

Proposed change Expected cost of the provision Expected benefit of the provision

DHS proposes to increase the biometric modal- Government— ...... Government— ities that it uses to collect biometrics informa- Qualitative: ...... Qualitative: tion for benefits adjudication and law enforce- • DHS does not know what the costs of ex- • Use of the new biometric technologies ment purposes to include the following: Palm panding biometrics collection to the govern- would allow DHS to keep up with techno- prints, facial and iris image, and voice prints. ment in terms of assets and equipment; it is logical developments in this area and adjust possible that costs could be incurred for the collection practices for both convenience for new equipment and information tech- applicants and petitioners and to ensure the nologies and typologies needed to collect, improved service for all stakeholders. process, store, and utilize biometrics, in- cluding software updates; cameras that are able to collect iris and facial images; de- vices used to record a voice print; and other equipment. DHS may require, request, or accept the sub- Individuals Submitting DNA Evidence— ...... Individuals Submitting DNA test result Evi- mission of DNA or DNA test results, which in- Quantitative: ...... dence— clude a partial DNA profile, to verify the exist- • Potential annual costs for principal filers Quantitative: ence of a claimed genetic relationship for and beneficiaries/qualifying family members • DNA testing would provide a means to benefits adjudication and law enforcement to submit DNA evidence range from $22.4 demonstrate a claimed genetic relationship purposes. million to $224.1 million. These figures are using a quicker and more effective tech- based on current costs and depend on how nology than the current reliance on primary many individuals submit DNA evidence in and secondary records and document- support of a family-based benefit request. based evidence that may be unreliable or unavailable. • There will be no cost to the individuals from whom DHS will require DNA sample for law enforcement purposes. Government— Qualitative: • USCIS facilitates collection of DNA from in- dividuals outside the United States for transmission to accredited laboratories in the United States to ensure proper chain of custody. USCIS currently reimburses the Department of State for the collection of DNA in countries where it does not have a presence. DHS does not currently know how many individuals would submit DNA under the proposed rule but there is the po- tential for additional costs if the Department of State facilitates additional DNA testing. DHS is proposing to remove the age restric- Individuals Submitting Biometrics— ...... Individuals Submitting Biometrics tions for biometrics collection in the context Quantitative: ...... Government— of Notice to Appear (NTA) issuance for the None; there would be no opportunity or travel Qualitative: same reasons (i.e., identity verification, crimi- related costs associated with biometrics col- The collection of biometrics on children under nal history background checks, etc.). lection from individuals for NTAs. the age of 14 associated with NTAs would significantly assist DHS in its mission to combat human trafficking, child sex traf- ficking, forced labor exploitation, and alien smuggling. Government— Quantitative: There could be costs of $705,555 annually accruing to fees the FBI would collect for providing fingerprint-based and name-based Criminal History Record Information (CHRI) checks.

In addition to the impacts (OMB) Circular A–4, Table 2 presents showing the costs associated with this summarized above and as required by the prepared accounting statement proposed regulation.12 Office of Management and Budget

12 OMB Circular A–4 is available at https:// of the highest 50 percent DNA submission rate (100 that realistically, there will be some collection (a www.whitehouse.gov/sites/whitehouse.gov/files/ percent) and the lowest (0 percent). It also positive rate) but not complete (100 percent) omb/circulars/A4/a-4.pdf. The DHS notes that the corresponds to the 50 percent midrange along the collection. primary estimate reported here reflects the average spectrum 10–90 percent that we utilize on grounds

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56346 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

TABLE 2—OMB A–4 ACCOUNTING STATEMENT [$ millions, 2019]

Primary Minimum Maximum Source citation Category estimate estimate estimate (RIA, preamble, etc.)

BENEFITS

Monetized Benefits ...... Not estimated Not estimated Not estimated Preamble. Annualized quantified, but un-monetized, ben- 0 ...... 0 ...... 0 ...... Preamble. efits.

Unquantified Benefits ...... The proposed rule would limit identity fraud Preamble and RIA. and improve USCIS identity management sys- tems. Additionally, the proposed rule would enhance the U.S. Government’s capability to identify criminal activities and protect vulner- able populations. The removal of age restric- tions and the proposal to collect on all NTAs under the age of 14 would assist DHS in its mission to combat human trafficking, child sex trafficking, forced labor exploitation, and alien smuggling.

COSTS

Annualized monetized costs for 10 year period (3%) $410 .... $320.4 ...... $499.7 ...... RIA. starting in 2021 to 2030 (discount rate in pa- (7%) $410 .... $320.4 ...... $499.7 ...... RIA. renthesis).

Annualized quantified, but un-monetized, costs There could be costs germane to the procure- Preamble and RIA. ment of equipment, information technology and typology, and systems possibly needed to support the increased biometrics modalities. There could also be a cost for transferring in- formation regarding biometrics for the NTAs issued to individuals under age 14.

Qualitative (unquantified) costs ...... N/A.

TRANSFERS

Annualized monetized transfers: ‘‘on budget’’ .. N/A ...... N/A ...... N/A ...... Preamble. From whom to whom? ...... N/A ...... N/A ...... N/A ...... Preamble. Annualized monetized transfers: ‘‘off-budget’’ .. N/A ...... N/A ...... N/A ...... Preamble. From whom to whom? ...... N/A ...... N/A ...... N/A ...... Preamble. Source citation Miscellaneous analyses/category Effects (RIA, preamble, etc.)

Effects on state, local, and/or tribal govern- None ...... Preamble. ments. Effects on small businesses ...... There could be small entity impacts to EB–5 Preamble. regional centers incurred by biometrics collection germane to the regional center principals. DHS believes these would be indirect but does not know how they could impact the regional center. There are cur- rently 884 approved regional centers and DHS analysis based on limited available suggests that most regional centers could be small entities in terms of their RFA. Effects on wages ...... None ...... Preamble Effects on growth ...... None ...... Preamble.

DHS emphasizes that the costs could DHS believes the methodology with biometrics submissions. If, on vary from the figures reported herein. employed is appropriate, because the average, the wage is higher than that As is detailed in the analysis, in order future actual generalized and form- relied upon, the costs could vary as to estimate the population of future specific collection rate of biometrics are well. This regulatory impact analysis is biometrics submissions, it was unknown, the actual populations and the best available estimate of the future necessary to extrapolate certain metrics costs could vary. In addition, the costs benefits and costs. Actual results will and conditions to the non-existent (in rely on a lower-end average wage to depend on a number of factors context) future populations. Although account for opportunity costs associated including programmatic, operational,

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56347

and practical considerations in the authority for the collection of 1. Background Checks implementation of the collection of fingerprints for the purpose of DHS is precluded in many cases from biometrics under this rule. registering aliens. • approving, granting, or providing In summary, the proposed rule would INA section 264(a), 8 U.S.C. immigration benefits to individuals with enable DHS to conduct the 1304(a), provides that the Secretary is a record of certain criminal offenses or administration and adjudication of authorized to prepare forms for the administrative violations.15 Whether immigration benefit requests with registration and fingerprinting of aliens, granting a benefit is discretionary or not, increased fidelity, and is conducive to aged 14 and older, in the United States, criminal histories are relevant because the evolution to a person-centric model as required by INA section 262. they are used to determine eligibility for DHS interprets the broad statutory for organizing and managing its records, both discretionary and non- authority described above as authority enhanced and continuous vetting, and discretionary benefits. Additionally, for the collection of biometrics when reduced dependence on paper DHS is mandated to protect the such information is material or relevant documents, as is described more fully in American public from terrorist attacks to the furtherance of DHS’ delegated the preamble. by foreign nationals admitted to the authority to administer and enforce the United States, by ‘‘identify[ing] III. Background and Purpose INA. DHS’ delegated authority includes individuals who seek to enter the the adjudication of requests for A. Legal Authority and Guidance for United States . . . who support immigration benefits, as well as DHS Collection and Use of Biometrics terrorism, violent extremism, acts of authority to ‘‘register and fingerprint violence toward any group or class of DHS has general and specific aliens in the United States.’’ 13 people within the United States, or who statutory authority to collect or require Establishing and verifying an present a risk of causing harm submission of biometrics from individual’s identity through the use of subsequent to their entry.’’ See applicants, co-applicants, petitioners, biometrics falls within DHS’ authority Executive Order (E.O.) No. 13780, requestors, derivatives, beneficiaries in the adjudication of immigration Protecting the Nation from Foreign and others directly associated with a benefits and administration and Terrorist Entry into the United States, at request for immigration benefits; and for enforcement of immigration laws. purposes incident to apprehending, Several other statutes authorize the section 5(a), 82 FR 13209, 13215 (Mar. arresting, processing, and care and collection of biometrics by DHS. In 9, 2017) (E.O. 13780). Therefore, DHS custody of aliens. First, the INA at 1997, when funding the agency for adjudications must include national section 103(a), 8 U.S.C. 1103(a), 1998, Congress directed the former security considerations and criminal provides general authority to DHS to Immigration and Naturalization Service history background checks. administer and enforce immigration (INS), which preceded the creation of For example, one statute precludes laws, including issuing forms, DHS, not to accept any fingerprint cards the filing of a family-based immigrant regulations, instructions, other papers, collected by entities outside the INS for petition by someone who has been and such other acts the Secretary of immigration benefits, except in certain convicted of a ‘‘specified offense against Homeland Security (the Secretary) instances when collected by law a minor.’’ See INA section deems necessary to carry out the INA. enforcement agencies and in certain 204(a)(1)(A)(viii), 8 U.S.C. The INA also provides specific authority overseas situations. See Departments of 1154(a)(1)(A)(viii). The criminal and for DHS to collect or require submission Commerce, Justice, and State, the security-related grounds of of biometrics in several sections. Judiciary, and Related Agencies inadmissibility found in INA section • INA section 235(d)(3), 8 U.S.C. Appropriations Act of 1998, Title I, 212(a)(2)–(3), 8 U.S.C. 1182(a)(2)–(3), 1225(d)(3), provides that the Secretary Public Law 105–119, 111 Stat. 2440, apply to many benefits, such as and any immigration officer will: 2447–2448 (1997). Previously, certain adjustment to lawful permanent ‘‘designated fingerprint services’’ resident status, refugee status, and . . . have power . . . to take and consider Temporary Protected Status (TPS). The evidence of or from any person touching the entities could collect fingerprints. After privilege of any alien or person he believes passage of this law, which necessitated INA provides that refugee applicants or suspects to be an alien to enter, reenter, a change in INS’ practices, INS must be admissible as immigrants and transit through, or reside in the United States established the Application Support the criminal, security, and terrorism- or concerning any matter which is material Centers (ASCs) which exist nationwide related grounds of inadmissibility apply and relevant to the enforcement of this today and are operated by DHS for the to refugee applicants. See INA section chapter and the administration of the collection of biometrics for immigration 207(c)(1), 8 U.S.C. 1157(c)(1); INA Service. benefits. See 63 FR 12979 (Mar. 17, section 212, 8 U.S.C. 1182. The INA • INA 287(b), 8 U.S.C. 1357(b), 1998). The 1998 appropriations law also provides that asylum may be granted on provides DHS authority to, ‘‘. . . take provided for the former INS to charge a a discretionary basis. See INA section and consider evidence concerning the fee for fingerprinting. A fingerprinting 208(a)(1)(A), 8 U.S.C. 1158(a)(1)(A). It privilege of any person to enter, reenter, fee was first charged in March 1998, and provides that asylum applicants are pass through, or reside in the United has evolved into the biometric services subject to mandatory criminal and States, or concerning any matter which fee in 8 CFR 103.7(b)(1)(i)(C).14 security bars. See INA section is material or relevant to the 208(b)(2)(A), 8 U.S.C. 1158(b)(2)(A). enforcement of this chapter and the 13 6 U.S.C. 271(b); see also Department of Sections of the INA apply the criminal, administration of the Service.’’ Homeland Security Delegation Number: 0150.1, security, and terrorism-related bars to • INA sections 333 and 335, 8 U.S.C. Delegation To the Bureau of Citizenship and TPS applicants, including the Immigration Services (June 5, 2003), available at mandatory asylum bars above. See INA 1444 and 1446, require the submission https://www.hsdl.org/?view&did=234775 (viewed of photographs and a personal Nov. 12, 2019). sections 244(c)(2)(A)(iii)–(B), 8 U.S.C. investigation before an application for 14 Another section of the INA specifically naturalization, citizenship or other authorizes USCIS to collect fees for fingerprinting, 15 DHS would like to note that limitations on similar requests may be approved. biometric, and other necessary services under the biometric collection or use in this proposed rule • Temporary Protected Status (TPS) program. 8 U.S.C. would not impact existing law enforcement INA section 262(a), 8 U.S.C. 1254b; DHS Appropriations Act of 2010, Public authorities or other national security or intelligence 1302(a), provides direct statutory Law 111–83, sec. 549, 123 Stat. 2142, 2177 (2009). gathering activities.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56348 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

1254a (c)(2)(A)(iii)–(B). Various INA 2. Secure Document Production 4. Administrative Guidance sections require that adjustment of Still other statutes authorize or status applicants be admissible in order This proposed rule is also consistent require the collection of biometrics for with non-statutory guidance on effective to qualify. See, e.g., sections 245(a)(2) secure document production. For and 209(b)(5), 8 U.S.C. 1255(a)(2) and 8 mechanisms for foreign national vetting, example, photographs are required by screening, and identification. DHS was U.S.C. 1159(b)(5). The INA also statute to create certificates of provides a good moral character directed by executive branch guidance naturalization. INA section 333(a), 8 to take actions that require a robust requirement for any applicant to be U.S.C. 1444(a). Additionally, an alien naturalized. See INA section 316(a)(3), 8 system for biometrics collection, granted asylum will be granted an U.S.C. 1427(a)(3). storage, and use related to providing employment authorization document Other statutes authorize DHS to adjudication and naturalization services conduct biometric services in relation to (EAD) that shall at a minimum contain of immigration benefits. For example, national security and public safety the fingerprint and photograph of such with respect to secure documents, purposes. For example, Congress alien. 8 U.S.C. 1738. Relatedly, the Homeland Security Presidential Enhanced Border Security and Visa directed in the Uniting and Directive (HSPD) 11, ‘‘Comprehensive Entry Reform Act of 2002 (Border Strengthening America by Providing Terrorist-Related Screening Security Act), Public Law 107–173, 116 Appropriate Tools Required to Intercept Procedures,’’ (August 27, 2004) directs Stat. 543 (2002), requires that DHS issue and Obstruct Terrorism Act of 2001 DHS to ‘‘incorporate security features aliens machine-readable, tamper- (USA PATRIOT Act), Public Law 107– . . . that resist circumvention to the resistant visas and other travel and entry 56, 115 Stat. 354 (2001), reauthorized by greatest extent possible.’’ DHS is documents using biometric identifiers. 8 Public Law 114–23, 129 Stat. 268 (2015) directed to consider the ‘‘. . . U.S.C. 1732(b)(1). (codified at note to 8 U.S.C. 1365a), that information individuals must present, ‘‘biometric technology’’ should be 3. Biometric Collection From U.S. including, as appropriate, the type of utilized in the development of the Citizens and Lawful Permanent biometric identifier[s] or other form of integrated entry-exit system originally Residents identification or identifying information mandated by the Illegal Immigration DHS is also authorized to collect the to be presented, at particular screening Reform and Immigrant Responsibility opportunities.’’ DHS was also directed Act (IIRIRA) of 1996, Public Law 104– biometrics of U.S. citizen and lawful permanent resident petitioners of to expand the use of biometrics, 208, 110 Stat. 3009 (1996) (codified at consistent with applicable law, to 8 U.S.C. 1365a). The Intelligence Reform family-based immigrant petitions, and U.S. citizen petitioners of nonimmigrant identify and screen for individuals who and Terrorism Prevention Act of 2004, may pose a threat to national security by Public Law 108–458, 118 Stat. 3638 fiance´(e) petitions, to determine if a petitioner has been convicted of certain HSPD 24, ‘‘Biometrics for Identification (2004) (codified as amended at 8 U.S.C. and Screening to Enhance National 1365b), required the completion of a crimes pursuant to the AWA, Public Law 109–248, 120 Stat. 587 (2006) Security,’’ (June 5, 2008). In addition, biometric data system to facilitate E.O. 13780 requires DHS to implement efficient immigration benefits (codified as amended in scattered sections of 18 and 42 U.S.C.) (see a program, as part of the process for processing and to protect the United adjudications, to identify individuals States by preventing the entry of sections 402(a) and (b) for the applicable immigration provisions), and IMBRA, who seek to enter the United States on terrorists. For USCIS, any limitations on a fraudulent basis, who support the collection or use of biometrics in Public Law 109–162, 119 Stat. 2960 (2006) (codified as amended at 8 U.S.C. terrorism, violent extremism, acts of this draft rule does not impact DHS law violence toward any group or class of enforcement authorities or other 1375a). The AWA: • people within the United States, or who national security or intelligence Prohibits U.S. citizens and lawful permanent residents who have been present a risk of causing harm gathering activities. subsequent to their entry. 82 FR 13209, Background checks are also required convicted of any ‘‘specified offense 13215 (Mar. 9, 2017). The E.O. provides by EOIR regulation for aliens who apply against a minor’’ from filing a family- that the program must include screening for relief and protection in removal based immigrant visa petition on behalf and vetting standards and procedures, a proceedings. Specifically, immigration of any beneficiary, unless the Secretary mechanism to ensure that applicants are judges and the BIA are prohibited from determines in his or her sole and who they claim to be, assess whether granting relief and protection to an alien unreviewable discretion that the applicants may commit, aid, or support unless an ICE attorney reports that all petitioner poses ‘‘no risk’’ to the any kind of violent, criminal, or terrorist required ‘‘identity, law enforcement, or beneficiary. INA section acts after entering the United States, and security investigations or examinations’’ 204(a)(1)(A)(viii)(I), (B)(i)(II); 8 U.S.C. have been completed. See 8 CFR 1154(a)(1)(A)(viii)(I), (B)(i)(II). evaluation of all grounds of 1003.1(d)(6), 1003.47(g). Indeed, as • Renders ineligible to file ‘‘K’’ inadmissibility or grounds for the denial pertaining to asylum applications, there nonimmigrant fiance´(e) petitions those of other immigration benefits. Id. is a statutory basis for such background U.S. citizens convicted of such offenses, Further, National Security Presidential checks as well. See 8 U.S.C. unless the Secretary determines in his Memorandum—7 established the DHS- 1158(d)(5)(A)(i); see also 8 CFR 1208.10. or her sole and unreviewable discretion led National Vetting Center to improve Once again, to the extent that any that the petitioner poses ‘‘no risk’’ to the vetting ‘‘to identify potential threats to controversy may arise interpreting DHS fiance´(e) beneficiary. INA section national security, border security, and DOJ regulations regarding the 101(a)(15)(K), 8 U.S.C. 1101(a)(15)(K). homeland security, and public safety’’, removal of age restrictions for Independent of the AWA, USCIS is and included expanding biometric biometrics collection, until DOJ removes also required to disclose information integration, sharing, and use to that 16 its age restrictions, DHS intends to regarding certain violent arrests and end. follow DOJ regulations with respect to convictions for some U.S.C. petitioners ´ 16 National Security Presidential Memorandum— age restrictions when collecting who file K-visas for fiances or spouses 7, SUBJECT: Integration, Sharing, and Use of biometrics for an application or petition in accordance with IMBRA, 8 U.S.C. National Security Threat Actor Information to that will be adjudicated by EOIR. 1375a. Protect Americans (Oct. 5, 2017), available at

VerDate Sep<11>2014 19:50 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56349

B. The Use of Biometrics by DHS DHS and used to verify an individual’s certain disqualifying characteristics Current regulations provide both identity in subsequent encounters with (e.g., certain communicable diseases or general authorities for the collection of DHS. These encounters could vary from association with terrorist organizations), biometrics in connection with travel to and from the United States, while also providing DHS discretion in administering and enforcing the where an individual may encounter CBP granting an immigration benefit in many 20 immigration and naturalization benefits officers, to arrest and detention, by law instances. as well as requirements specific to enforcement components such as ICE, to DHS conducts multiple types of certain benefit types.17 In a related initiation of removal proceedings. national security and criminal history provision, an applicant, petitioner, DHS also uses collected biometric background checks including but not sponsor, beneficiary, or individual filing information for document production limited to: (1) Name-based checks, (2) a benefit request may be required to related to immigration benefits and FBI fingerprint-based checks, and (3) appear for biometrics. See 8 CFR status, including but not limited to: biometrics checks against the 103.2(b)(9). In addition, DHS has the Travel Documents (Form I–512L), Automated Biometric Identification authority to require biometrics and the Permanent Resident Cards (Form I–551), System (IDENT), the FBI Next associated biometric services fee from Employment Authorization Documents Generation Identification system, and any applicant, petitioner, sponsor, (Form I–766), Certificates of Citizenship the Department of Defense (DoD) (Form N–560), Certificates of Automated Biometric Identification beneficiary, or requestor, or individual 21 22 23 filing or seeking a benefit request on a Naturalization (Form N–550), System (ABIS).). DHS also uses case-by-case basis, through form Replacement Certificates of Citizenship biometrics to determine if an individual instructions, or through a Federal (Form N–561), and Replacement has activities in their background such Certificates of Naturalization (Form N– as an association with human rights Register notice. Id. 18 The former INS first used fingerprints 570). Most of these secure documents violations, involvement in terrorist for immigration processing solely for the are created using the photograph (and activities, or affiliation with terrorist purpose of performing criminal history signature) that is taken by DHS at an organizations rendering them background checks related to ASC, and not the paper photograph inadmissible. To that end, DHS may vet 19 applications for which eligibility mailed with the benefit request. an individual’s biometrics against data required good moral character or non- As part of the benefit adjudications sets of foreign partners in accordance 24 existence of a record of certain criminal process, DHS must first verify the with international arrangements. offenses. See, e.g., 63 FR 12979 (Mar. 17, identity of an individual applying for or 1998) (prohibiting the former INS from seeking any benefit. Identity verification 20 See, e.g., INA section 208(b)(2)(A), 8 U.S.C. 1158(b)(2)(A) (mandatory bars to asylum); INA accepting fingerprints for the purpose of protects against fraud and imposters. Second, DHS must determine if the section 245(a)(2), 8 U.S.C. 1255(a)(2) (admissibility conducting criminal background checks requirements for adjustment of status applicants); unless collected by certain U.S. individual is eligible to receive the INA section 316(a)(3), 8 U.S.C. 1427(a)(3) (good requested benefit. That determination moral character requirement for naturalization). Government entities). The beneficiary or 21 applicant would submit fingerprints may focus on the criminal, national IDENT will be replaced by a system called the security, and immigration history of the Homeland Advanced Recognition Technology which were then checked against FBI (HART). DHS will use the term ‘‘IDENT’’ in this databases to determine if they matched individual, depending on the eligibility rule to refer to both the current and successor any criminal activity on file. The requirements for the particular benefit systems. 22 fingerprints were not retained by the type, and is accomplished through The FBI NGI system is operated by the FBI/CJIS Division, and provides the criminal justice INS and delays in processing would national security and criminal history background checks. community with multi-modal biometric and often result in individuals needing to criminal history information. See Privacy Impact The immigration history review submit fingerprints multiple times for Assessment Update for Biometric Interoperability includes a review of the individual’s the same application. Photographs were Between the U.S. Department of Homeland Security current immigration status, current and the U.S. Department of Justice (Oct. 13, 2011). not historically collected by INS as a immigration filings, past immigration FBI’s NGI database, in turn, also provides access to biometric identifier. For those DoD’s ABIS database. filings, and whether previous benefits immigration benefit requests that 23 DoD’s ABIS system is operated by the DoD, and were granted or denied. DHS conducts required a photograph to produce a contains biometric records of individuals national security and criminal history encountered overseas by the DoD that include resulting identity document, the background checks on individuals KSTs. The biographic and biometric data from ABIS regulations required submission of a applying for an immigration benefit is also transferred to the DoD’s Special Operations passport-style photograph. See, e.g., 8 Force Exhibition (SOFEX) Portal for additional because U.S. immigration laws preclude CFR 264.1, 264.5 (requiring identical biometric matching. Once complete, the NGI system DHS from granting many immigration forwards responses back from both the NGI and the photographs). and naturalization benefits to ABIS systems to the IDENT system. When data is Today, DHS handles biometrics individuals with certain criminal or initially submitted and processed through IDENT, differently. Biometrics are still used in NGI, and ABIS, an ICE Analyst conducts biometric administrative violations, or with criminal history background checks for and biographic checks against other law immigration benefits where good moral enforcement and classified Intelligence Community 18 See also 8 U.S.C. 1732(b) (requiring machine- databases before processing, exploiting, character or absence of certain criminal readable travel and entry documents containing summarizing, and disseminating findings to the offenses are required, as well as for biometric identifiers); 8 CFR 264.1(b); Application relevant ICE Attache´ and Biometric Identification overall national security vetting. In to Register Permanent Residence or Adjust Status Transnational Migration Alert Program (BITMAP) addition, biometrics may be stored by (Form I–485); Application to Replace Permanent PMT. Resident Card (Form I–90); Application for 24 See, e.g., Five Country Conference High Value Employment Authorization (Form I–765); Data Sharing Protocol, Nov. 2009; Statement of https://www.whitehouse.gov/presidential-actions/ Application for Certificate of Citizenship (Form N– Mutual Understanding on Information Sharing national-security-presidential-memorandum-7/. 600); Application for Naturalization (Form N–400); among the Department of Citizenship Immigration 17 See, e.g., 8 CFR 103.16(a), 204.2(a)(2) (requiring Application for Replacement Naturalization/ Canada (CIC) and the U.S. Immigration and evidence of the claimed relationship), 204.3(c)(3) Citizenship Document (N–565). Naturalization Service (INS) and the U.S. (requiring fingerprinting), 204.2(d)(2)(vi) 19 The paper photograph is retained and may be Department of State (DOS), Feb. 2003; Agreement (authorizing blood testing), 245a.2(d) (requiring used to verify the identity of an applicant who is between the U.S. and Canada for the sharing of Visa photographs and a completed fingerprint card), required to be interviewed by comparing it to the and Immigration Information, Dec. 13, 2012, 316.4(a) (referring to form instructions which may digitally captured photograph or the applicant’s T.I.A.S. No. 13–1121; and Agreement between the require photographs and fingerprinting). motor vehicle operator’s license. Continued

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56350 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

The DHS biometrics process for anyone other than a sworn officer or biometrics use policies by government benefits adjudication purposes begins employee of DHS, DOS, or DOJ of any agencies.26 In addition, as outlined with the collection of an individual’s information relating to a beneficiary of above, DHS has the legal authority to biometrics at an authorized biometrics a pending or approved request for administer and enforce immigration collection site, including DHS offices, certain victim-based immigration laws and collect biometrics when such ASCs, military installations, U.S. benefits, such as an abused spouse information is necessary to that consular offices abroad, and, in some waiver of the joint filing requirement, a authority. For individuals, any cases, federal, state, and local law VAWA self-petition by a spouse or child adjudication necessarily includes enforcement installations. Domestically, of an abused U.S. citizen or lawful verifying identity and determining DHS established a robust program to permanent resident, VAWA cancellation whether or not the individual poses a allow individuals to provide biometrics of removal or suspension of deportation, risk to national security or public safety at ASC facilities, and generally or application for T or U nonimmigrant in those instances where these factors individuals are scheduled to appear at status, including the fact that they have may impact eligibility for an a location close to their address of applied for such a benefit. Importantly, immigration benefit and upon arrest of record. DHS also established mobile the protection against disclosure an alien for purposes of processing, biometrics collection capabilities extends to all records or other care, custody, and initiation of removal domestically for those who are information, including those that do not proceedings. homebound, or for certain remote specifically identify the individual as an Biometrics collection upon locations, as well as outside the United applicant or beneficiary of the T Visa, U apprehension or arrest by DHS will States to support biometrics collection Visa, or VAWA protections. Therefore, accurately identify the individuals in the United States Refugee the biometric collection contemplated encountered, and verify any claimed Admissions Program (USRAP). For here would also be protected from genetic relationship. This in turn will other collections outside the United disclosure in accordance with the allow DHS to make better informed States, biometrics may be handled requirements and exceptions found in 8 decisions as to the processing, differently. When biometrics are U.S.C. 1367. Thus, DHS has not transporting, and managing custody of required on a DHS-adjudicated form and separately codified the Section 1367 aliens subject to DHS’s law enforcement DHS does not have a presence in that protections in this proposed rule. authorities. Having more reliable data about detainees’ identities will increase country, the Department of State (DOS) IV. Discussion of Proposed Changes will continue to collect biometrics on safety of DHS detention facilities for behalf of DHS. In cases where DOS will A. Use Biometrics for Identity both DHS law enforcement officers and issue a boarding foil, immigrant visa, or Management and Enhanced Vetting the detainees. It would also eliminate an incentive that currently exists for non-immigrant visa associated with a DHS requires the submission of unscrupulous individuals to jeopardize DHS form, DOS will continue to collect biometrics for several immigration the health and safety of minors to whom biometrics under its existing authority. benefit requests and for law they are unrelated, transporting the Currently, DHS biometrics consist of enforcement purposes, including minors on a dangerous journey across a photograph, fingerprints, and functions incident to apprehending, signature to conduct identity, eligibility, the United States border, and claiming arresting, processing, and care and to be the parents of unrelated minors in national security, criminal history custody of aliens.25 In addition, DHS background checks, and in certain order to claim to be a ‘‘family unit’’ and has the authority to require biometrics thus obtain a relatively quick release situations, voluntary DNA testing to and the associated biometric services fee verify a claimed genetic relationship. from DHS custody. from any applicant, petitioner, sponsor, Thus, DHS decided that it is For certain family-based benefit beneficiary, or requestor, or individual necessary to increase the use of requests, where other evidence proves filing a request on a case-by-case basis, collected biometric information beyond inconclusive, DHS accepts DNA test through form instructions or as only eligibility and admissibility results obtained from approved provided in a Federal Register notice. 8 determinations to include identity laboratories (along with other necessary CFR 103.2(b)(9), 103.7(b)(1)(i)(C), management in the immigration identifiers, such as a name and date of 103.17. Under that construct, although lifecycle and continuous immigration birth), as evidence to assist in DHS has the authority to collect vetting. To accomplish this goal, DHS establishing the existence of genetic biometrics from any applicant, proposes in this rule to flip the current relationships. See 8 CFR 204.2(d)(2)(vi). petitioner, sponsor, beneficiary, or construct from one where biometrics In these limited cases, DHS requires that requestor, or individual filing a request, may be collected based on past DNA test results establish a sufficient biometrics are only mandatory for practices, regulations, or the form probability of the existence of the certain benefit requests. For all others, instructions for a particular benefit, to a alleged relationship to be accepted as DHS must decide if the benefit system under which biometrics are probative evidence of that relationship. requested, or circumstances of the required for any immigration benefit DHS is bound by the confidentiality request, justifies collection of biometrics provisions of Section 1367 of title 8 of and, if so, notify an individual that their 26 See, e.g., Individuals with Multiple Identities in the U.S. Code, ‘‘Penalties for disclosure biometrics are required along with when Historical Fingerprint Enrollment Records Who of information’’ (originally enacted as and where they should be collected. Have Received Immigration Benefits, Department of Section 384 of the Illegal Immigrant Homeland Security, Office of Inspector General, DHS’s use of biometrics for criminal Office of Inspections and Special Reviews, OIG–17– Reform and Immigrant Responsibility history background checks and 111 (Sept. 2017); Potentially Ineligible Individuals Act of 1996 (IIRIRA)). All DHS officers document production is outdated and Have Been Granted U.S. Citizenship Because of and employees are generally prohibited not fully in conformity with current Incomplete Fingerprint Records, Department of from permitting use by or disclosure to Homeland Security, Office of Inspector General, Office of Inspections and Special Reviews, OIG–16– 25 See, e.g., 8 CFR 204.310(a)(3)(ii), 210.2(c)(2)(i), 130 (Sept. 2016); Review of U.S. Citizenship and U.S. and the Government of the United Kingdom of 210.5(b)(2), 212.7(e)(3)(i), 214.11(d)(5)–(7), Immigration Services’ Alien Security Checks, Great Britain and Northern Ireland for the Sharing 214.11(m)(2), 214.2(w)(15), 244.6, 244.17, Department of Homeland Security, Office of of Visa, Immigration, and Nationality Information, 245.15(g)(1), 245.21(b), 245a.2(d), 245a4(b)(4), Inspector General, Office of Inspections and Special April 18, 2013, T.I.A.S. No. 13–1108. 248.3, 1(a)–(b). Reviews, OIG–06–06 (Nov. 2005).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56351

request unless DHS determines that 601 because DHS is already collecting data (both biometric and biographic) biometrics are unnecessary. Therefore, biometrics in association with Form I– that has already been vetted. Such reuse DHS proposes that any applicant, 485. Form I–601 would never be filed reduces the amount of erroneous or petitioner, sponsor, beneficiary, or without an associated form carrying a conflicting data that can be entered into individual filing or associated with a biometrics collection requirement (i.e., systems, and reduces the cost and benefit or other request, including U.S. an immigrant visa application, complexity of repetitive collection and citizens and without regard to age, must adjustment of status application, certain validation. Reusable fingerprints allow appear for biometrics collection, unless non-immigrant visa applications, etc.). for more immediate and recurrent DHS or its designee affirmatively In this type of situation, DHS background checks, and reusable decides to not issue a biometrics recognizes that there is no value in photographs allow for quick production appointment notice to the individual, or imposing a biometric collection for of documents with high consistency and unless DHS waives or exempts the forms that are only filed in conjunction integrity. requirement in the form instructions, a with other forms that already require DHS recognizes that biometric reuse Federal Register notice, or as otherwise biometrics collection. Consequently, the is acceptable, when there is identity provided by law or regulation. DHS may DHS forms that are being revised and verification, but in the case of children waive or exempt the biometrics posted in accordance with the PRA for biometric reuse could be impacted by requirement at its discretion or based on public comments do not include an the rapidly changing physical attributes a request for reasonable absolute requirement for biometrics of children. DHS has a duty to the accommodation. See proposed 8 CFR collection. Instead, the revised form public to ensure that immigration 103.16(a)(1). The Department will make instructions put the applicant on notice benefits are granted only to those who reasonable efforts that are also that every individual who is an are eligible for them, to ensure that no consistent with the Government’s need applicant, petitioner, derivative, benefit is provided to the wrong for biometrics in certain contexts, and beneficiary, or sponsor of an individual, and to verify that will follow all required procedures that immigration benefit request or other individuals entering the country are are applicable under the Americans request submitted to DHS is required to who they say they are. See generally with Disabilities Act and the Federal provide biometrics unless DHS waives INA section 103, 8 U.S.C. 1103 Rehabilitation Act.27 or exempts the requirement and that the (charging DHS with the administration However, DHS does not propose to applicant will be notified of the time and enforcement of the INA). A impose an absolute biometrics and place for the appointment. For biometrically-based, person-centric collection requirement in all instances those forms for which DHS proposes to records model would ensure that an for all forms filed with the agency.28 mandate biometrics in all cases as individual’s records are complete and There may be limited circumstances proposed under this rule, DHS included pertain only to that individual. Under where biometric collection would be the requirement for payment of the this model, DHS would be able to easily unnecessary or duplicative. A particular biometric services fee with the locate, maintain, and update the correct application or petition (e.g., an underlying application or petition filing individual’s information such as: inadmissibility waiver request) may not (unless there is an approved fee waiver). Current address (physical and mailing), require its own biometric collection See the PRA section of this rule for immigration status, or to associate because a different application or information on how to comment on the previously submitted identity petition filed in conjunction with the proposed form instructions for documentation, such as birth certificates first application or petition already implementing the changes proposed in and marriage licenses, in future carries a biometrics collection this rule. adjudications thereby reducing requirement. Under limited duplicative biographic or evidentiary 1. Identity Management circumstances, DHS proposes to retain collections. discretion to exempt certain forms from DHS is proposing to use biometrics Biometrics are unique to each the biometric collection requirement for identity management in the individual and provide USCIS with because it would result in waste or immigration lifecycle for several tools for identity management while redundancy to both the agency and the reasons. Most importantly, DHS is improving the services provided to public. For example, when an applicant transitioning to a person-centric model those who submit immigration benefit files an Application to Register for organizing and managing its records. requests. With regard to age, DHS Permanent Residence or Adjust Status DHS plans to begin using biometrics to proposes to reserve the authority to (Form I–485) biometrics are collected establish and manage unique identities collect biometrics at any age to ensure from all applicants. However, if the as it organizes and verifies immigration the immigration records created for same applicant also files an Application records in a highly-reliable, on-going, children can more assuredly be related for Waiver of Grounds of Inadmissibility and continuous manner. Currently, DHS to their subsequent adult records (Form I–601) due to an inadmissibility relies on declared biographic data for despite changes to their biographic concern, that form is associated with the identity management in the immigration information. USCIS notes that with Form I–485. There is no need to lifecycle. Once an identity has been respect to these biometrics, as with any independently require biometrics enrolled in IDENT and established other agency decision on a petition or collection in conjunction with Form I– within DHS, future activities and application, if a decision will be adverse encounters may be added to the original to an applicant or petitioner and is 27 As explained more fully later in this preamble, enrollment and will be confirmed based on derogatory information the DHS is not proposing that the requirement that any through identity verification at various agency considered, he/she will be applicant, petitioner, sponsor, beneficiary, or points in the immigration lifecycle. individual filing or associated with a benefit or advised of that fact and offered an other request, including U.S. citizens and without Identity verification may be done opportunity to rebut the information. 8 regard to age, must appear for biometrics collection outside of the United States (by DHS or CFR 103.2(b)(16)(i). will apply to DNA. DOS) or within the United States (at Another key driver for eliminating the 28 Only certain family-based benefit requests ASCs, USCIS offices, or other DHS age restrictions for biometric collection would be impacted by the proposed provision to allow, request, or require DNA evidence to establish facilities). Identity verification also is the number of Unaccompanied Alien a claimed genetic relationship. allows the reuse of enrolled identity Children (UAC) and Accompanied

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56352 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Alien Children (AAC) being intercepted DHS had some articulable derogatory As part of the adjudication process, at the border. The DHS proposal to information on the subject and needed DHS needs a strong system for the remove age restrictions will help combat to confirm criminal history or an collection and use of biometrics from human trafficking, specifically human association with other illegal or terrorist foreign nationals who enter or wish to trafficking of children, including the organizations in the interests of public enter the United States in order to, as trafficking and exploitation of children safety and national security. Biometrics directed by the President, ‘‘identify forced to accompany adults traveling to collected for the identification of genetic individuals who seek to enter the the United States with the goal of relationships at the border would be United States on a fraudulent basis, who avoiding detention and exploit maintained in law enforcement systems support terrorism, violent extremism, immigration laws. for future identify verification, subject acts of violence toward any group or Beginning in July 2019 DHS has been to the restrictions found in proposed 8 class of people within the United States, conducting a small-scale pilot program CFR 103.16. or who present a risk of causing harm where, with consent from individuals 2. Enhanced and Continuous Vetting subsequent to their entry.’’ See E.O. presenting themselves as family units, 13780 section 5, 82 FR 13209, 13215 officers use Rapid DNA testing Individuals with certain types of (Mar. 9, 2017). The changes proposed in technologies as a precise and focused criminal convictions, or those who this rule would assist DHS in investigative tool to identify suspected present a threat to national security or developing appropriate means for fraudulent families and vulnerable public safety are not eligible for certain ensuring the proper collection of all children who may be potentially benefits. Benefit eligibility information necessary for a rigorous exploited. Between July 1, 2019 and determinations in these cases often evaluation of any grounds of November 7, 2019, DHS encountered focus on the criminal, national security, inadmissibility or grounds for the denial 1747 self-identified family units with and immigration history of the of an immigration benefit. Id. indicators of fraud who were referred individual. The immigration history In addition, as part of the effort to for additional screening. Of this review considers the individual’s implement Uniform Screening and number, DHS identified 432 incidents of current immigration status, past Vetting Standards for All Immigration fraudulent family claims (over 2020 immigration filings, and whether Programs, DHS plans to implement a percent). previous benefits were granted or program of continuous immigration Collecting biometrics on children that denied. DHS conducts national security vetting. Under continuous vetting, DHS DHS encounters would permit and criminal history background checks may require aliens to be subjected to on individuals applying for or seeking definitive identification of them and continued and subsequent evaluation of an immigration benefit because U.S. may show that they have been reported eligibility for their immigration benefits immigration laws preclude DHS from missing. Generally, DHS plans to use to ensure they continue to present no the biometric information collected granting many immigration and risk of causing harm subsequent to their from children for identity management naturalization benefits to individuals entry. This rule proposes that any in the immigration lifecycle only, but with certain criminal or administrative individual alien who is present in the will retain the authority for other uses violations, or with certain disqualifying United States following an approved in its discretion, such as background characteristics (e.g., certain immigration benefit may be required to checks and for law enforcement communicable diseases or association submit biometrics unless and until they purposes. DHS does not intend to with terrorist organizations), while also are granted U.S. citizenship.30 The rule routinely submit all UAC or AAC providing DHS discretion in granting an further proposes that a lawful biometrics to the FBI for criminal immigration benefit in many instances. history background checks; rather, the See, e.g., INA section 208(b)(2)(A), 8 permanent resident or U.S. citizen may biometrics collected from the majority U.S.C. 1158(b)(2)(A) (mandatory bars to be required to submit biometrics if he or of these children would be stored in asylum); INA section 245(a)(2), 8 U.S.C. she filed an application, petition, or IDENT 29 to help DHS with future 1255(a)(2) (admissibility requirements request in the past, and it was either encounters. USCIS is authorized to for adjustment of status applicants and reopened or the previous approval is share relevant information with law agency discretion); and INA section relevant to an application, petition, or enforcement or other DHS components, 316(a)(3), 8 U.S.C. 1427(a)(3) (good benefit request currently pending with including ‘‘biometrics’’ for identity moral character requirement for USCIS. Proposed 8 CFR 103.16(c)(2). verification and, consequently, it may naturalization). DHS welcomes public comment on share DNA test results, which include a Biometrics are collected and or the increased use of biometrics beyond partial DNA profile, with other agencies referenced throughout the immigration criminal history background checks, to as it does other record information law administration and enforcement include identity management in the pursuant to existing law. lifecycle, from first application, immigration lifecycle and enhanced DHS will have the express authority encounter, or apprehension to vetting or other purposes, as well as any to send UAC or AAC biometrics to the naturalization or removal. In the relevant data, information, or proposals. FBI for criminal history background enforcement context, biometric B. Verify Identity, Familial checks, but depending on the DHS collection when an individual is first Relationships, and Preclude Imposters component encountering the individual, encountered can help officers detect may only send biometrics to the FBI if fraudulent identities and relationships 1. Use of DNA Evidence 31 between adults and children. This helps U.S. citizens and lawful permanent 29 IDENT is the DHS enterprise repository for identify child smuggling, trafficking, residents petitioning for a biological biometrics and provides biometric identification and exploitation. It can also help management services to DHS Components with technology for matching, storing, and sharing identify when an adult who has been 30 See DHS Privacy Impact Assessment for biometric data. DHS Office of Biometric Identity previously encountered is posing as Continuous Immigration Vetting (Feb. 14, 2019), Management (OBIM) is the lead designated provider child. Collection of biometrics during available at https://www.dhs.gov/privacy. 31 of biometric identity services for DHS, and removal proceedings is primarily to T The DNA Fingerprint Act authorizes the maintains the largest biometric repository in the Attorney General to collect DNA from individuals U.S. government. See www.dhs.gov/obim (last identify that the individual is the arrested, facing charges, convicted, or from non- visited June 15, 2020). correct individual being removed. U.S. persons who are detained under the authority

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56353

family member, or individuals seeking tests to prove parentage only after other partial DNA profiles to determine the to include a biological family member as forms of evidence were inconclusive. statistical probability that the a dependent or derivative See 8 CFR 204.2(d)(2)(vi). But those individuals tested have the claimed (accompanying or follow-to-join) in an tests are no longer widely available and genetic relationship. In either case, a application for an immigration benefit, are not as conclusive as a DNA test partial DNA profile would be produced must demonstrate the existence of the because, while blood-typing can be used as a result of the test. When DHS uses claimed genetic relationship, and as proof that an individual is not a the term ‘‘partial DNA profile’’ it is a current regulations generally require child’s biological parent, it cannot be reference to a visual or printed partial documentary evidence such as marriage used to confirm the individual is the representation of a small portion of an and birth certificates as primary child’s parent.35 According to the individual’s particular DNA evidence of such a claimed AABB, DNA testing provides the most characteristics. An individual’s partial relationship.32 In the absence of primary reliable scientific test available to DNA profile is a biometric identifier as evidence, acceptable secondary resolve a genetic relationship and unique as their fingerprints. evidence includes medical records, replaced older serological testing such Significantly, when an individual’s school records, religious documents, as blood typing and serological HLA DNA is tested in order to verify a and affidavits. See, e.g., 8 CFR typing.36 Blood tests are also more claimed genetic relationship, the test 204.2(d)(2). However, documentary invasive than DNA tests, DNA does not reveal medical or hereditary evidence may be unreliable or collection generally does not require conditions. The particular genetic unavailable, and individuals need blood to be drawn from any individuals markers profiled for relationship testing additional means to establish claimed tested, and the most common method is are markers used to verify the claimed genetic relationships to avoid denial of a noninvasive buccal (mouth) swab. genetic relationship. More specifically, a petition, application, or other benefit DHS proposes to define the term the partial DNA profile created for request. USCIS currently accepts DNA ‘‘DNA’’ in regulation as relationship testing is actually a very test results from laboratories accredited ‘‘deoxyribonucleic acid, which carries small portion of an individual’s full by the AABB (formerly the American the genetic instructions used in the DNA characteristics. At present, DHS Association of Blood Banks) as proof of growth, development, functioning, and relationship tests profile between 16 the existence of a claimed genetic reproduction of all known living and 24 genetic markers out of the nearly relationship where other evidence is organisms.’’ Proposed 8 CFR 1.2. When two million genetic markers typically unavailable.33 DHS uses the term ‘‘DNA’’ in this rule contained in human DNA. In contrast DHS proposes to revise its regulations it is a reference to the raw genetic with raw DNA or biological samples, to provide that DNA genetic testing can material, typically saliva, collected via which will not be shared or stored be required, requested, or accepted as buccal swab from an individual in order under any circumstances unless probative evidence, either primary or to facilitate DNA testing to establish required to share by law, DHS may store secondary, to establish a claimed genetic relationships. DHS will only or share DNA test results, which include genetic relationship where require, request, or accept DNA testing a partial DNA profile, with other law required.34 See proposed 8 CFR to verify a claimed genetic relationship. enforcement agencies to the extent 103.16(e). DNA is the only biometric DHS will not store or share any raw permitted by and necessary to enforce that can verify a claimed genetic DNA or biological samples, other than and administer the immigration and relationship. Current regulations allow to the extent necessary to facilitate the naturalization laws. Proposed 8 CFR USCIS to require Blood Group Antigen DNA testing (by using an on-site 103.16(e). or Human Leukocyte Antigen (HLA) automated machine or transmitting to The testing entity conducts the DNA the AABB-accredited laboratory test, either automatically by machine or of the United States. 34 U.S.C. 40702. The conducting the testing), unless DHS is in a traditional laboratory environment, implementing DOJ regulations require any agency required to share by law. Proposed 8 of the United States that arrests or detains and generates a DNA test result. DHS individuals or supervises individuals facing charges CFR 103.16(e). uses the term ‘‘DNA test result’’ as a to collect DNA samples from individuals who are For DHS, there are two different reference to the ultimate scientific arrested, facing charges, or convicted, and from means of actually testing the raw DNA conclusion made by the AABB- non-United States persons who are detained under to verify a claimed genetic relationship. accredited testing entity as to the the authority of the United States. 28 CFR 28.12(b). After DNA samples are collected, an DHS notes that the DNA collection requirements of claimed genetic relationship. The DNA 34 U.S.C. 40702 and 28 CFR part 28, subpart B are individual’s raw DNA material would test result is represented by a for law enforcement identification purposes, then be either tested locally by an probability or percentage of the whereas this rule proposes to establish the authority 37 automated machine (i.e., Rapid DNA) likelihood of the existence of the for the use of DNA to verify claimed genetic or mailed to a traditional AABB- relationships in the adjudication of immigration claimed genetic relationship as a result benefit requests. accredited laboratory for testing. This of comparing at least two partial DNA 32 See, e.g., 8 CFR 103.2(b)(2)(i); 204.2(c)(2)(ii), testing allows for the comparison of profiles. DHS has established by policy (d)(2)(i)–(iii), (d)(5)(ii), (f)(2)(i)–(iii), (g)(2)(i)–(iii); what minimum threshold probability for 207.7(e); 208.21(f), 245.11(b), 245.15(l)(2), 35 Gunther Geserick & Ingo Wirth, Genetic 254.24(h)(1)(iii). Kinship Investigation from Blood Groups to DNA the relationship that it would accept in 33 Although most of the collection of DNA Markers, 39 Transfus Med Hemother 163–75 (2012), verifying a claimed genetic relationship, samples is performed by the AABB-accredited https://www.ncbi.nlm.nih.gov/pmc/articles/ depending on the particular relationship laboratory conducting the testing, for individuals PMC3375130/. claimed (i.e., parent, full-sibling, half- residing overseas, DHS or the Department of State 36 AABB, Standards for Relationship Testing 38 facilitate collection and transmission of the DNA Laboratories, Appendix 10—Immigration Testing sibling, etc.). DNA test results which sample to the laboratory to ensure regularity in the (14th ed. 2019). collection and proper chain of custody of the DNA 37 The Department of Homeland Security (DHS) 38 See DNA Evidence of Sibling Relationships, PM sample. Science and Technology Directorate (S&T) has been 602.0106.1, issued April 17, 2018 (establishing the 34 This includes requiring, requesting, or working in conjunction with DoD and DOJ to fund threshold probabilities for full and half sibling accepting DNA testing to establish a genetic the development of cost-effective Rapid DNA relationships); Genetic Relationship Testing; relationship with a birth parent in the context of a equipment to allow non-technical users with Suggesting DNA Tests Revisions to the Adjudicators petition to classify a beneficiary as an orphan under appropriate training to analyze the DNA of Field Manual (AFM) Chapter 21 (AFM Update INA 101(b)(1)(F) or as a Convention adoptee under individuals in a field setting and receive reliable AD07–25), signed by Michael Aytes, Associate INA 101(b)(1)(G). results in about one hour. Continued

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56354 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

include a partial DNA profile, where 2. Special Treatment of DNA Evidence mainly on documentary, paper evidence they indicate a sufficient probability of While DNA is fundamentally a of identity in administering its the existence of the relationship tested, biometric identifier, DHS recognizes the programs. Unfortunately, there is no are now accepted as a probative increased sensitivity surrounding the guaranteed way to prevent the evidence to establish parent and sibling use of genetic information. DHS believes manufacturing, counterfeiting, genetic relationships. See Matter of the other biometric modalities that will alteration, sale, and/or use of identity Ruzku, 26 I&N Dec. 731 (BIA 2016). be collected are sufficient for most of documents or other fraudulent documents to circumvent immigration Consistent with current practice, the the goals of this rule. See proposed 8 laws or for identity theft. On the other DNA test results obtained by DHS, CFR 1.2 (definition of biometrics); hand, biometric identifiers are not which contain the ultimate probability proposed 8 CFR 103.16(a) (biometric transferrable and may provide of relationship and a partial DNA collection). Therefore, DHS proposes to confirmation of an individual’s identity. profile, would be retained in the treat raw DNA as a distinctive biometric Therefore, DHS believes that the best modality from the other biometric individual’s Alien file (A-file) and made approach to address the vulnerabilities modalities it is authorized to collect. part of the record. USCIS may use and in the immigration process, preclude See proposed 8 CFR 1.2 (definition of store DNA test results with other law imposters, and deter fraud would be to DNA); proposed 8 CFR 103.16(e). For enforcement agencies to the extent rely more on biometrics for identity purposes of DNA collected under this permitted by and necessary to management in the immigration rule, DHS proposes that it will not administer and enforce the immigration lifecycle. and naturalization laws. Proposed 8 handle or share any raw DNA for any CFR 103.16(e). reason beyond the original purpose of C. Flexibility in Biometrics submission (i.e., to establish or verify Requirements Currently, DHS allows individuals in the claimed genetic relationship), unless certain situations to voluntarily submit 1. Definition of Biometrics DHS is required to share by law. DHS DNA test results from AABB-accredited would only store, use, and share DNA In recent years, government agencies laboratories 39 where other documentary test results, which include a partial have grouped together identifying evidence is inconclusive or DNA profile derived from the raw DNA, features and actions, such as unavailable.40 This rule proposes to as provided by the testing entity or as fingerprints, photographs, and clarify that DHS may require, request, or produced by DHS, for adjudication signatures under the broad term, accept DNA testing from relevant parties 41 purposes and would retain the results to biometrics. The terms, biometric to a benefit request, where probative, as perform any other functions necessary ‘‘information,’’ ‘‘identifiers,’’ or ‘‘data’’ evidence of a claimed genetic for administering and enforcing are used to refer to all of these features, relationship. It also proposes to clarify immigration and naturalization laws, to including additional features such as that DHS may consider DNA test results the extent permitted by law. DHS would iris image, palm print, DNA, and voice 42 in adjudicating certain immigration also only use the raw DNA and DNA print. For example, authorities such as benefits as a means of verifying a test results, which include a partial 18 U.S.C. 1028(d)(7)(B) and 17 CFR claimed genetic relationship. And the DNA profile, for the original purpose of 162.30(b)(8) refer to identifying rule proposes to clarify DHS’s authority submission (i.e., to establish or verify information including ‘‘unique to collect raw DNA from relevant parties the claimed genetic relationship) or as biometric data, such as fingerprint, and either perform a DNA relationship authorized by the immigration and voice print or iris image, or other unique test with an AABB-accredited machine naturalization laws. DHS components physical representation.’’ The term in-house or send the raw DNA to a are authorized to share relevant ‘‘biometrics’’ is also used in other laws traditional AABB-accredited lab for information with law enforcement or and regulations. See, e.g., 18 U.S.C. DNA testing. DHS requests comments other DHS components and, 1028(d)(7)(B), 17 CFR 162.30(b)(8), 21 on all aspects of this proposal, including consequently, it may share DNA test CFR 11.3(b)(3), and 27 CFR 73.3. As a the collection, use, and retention of results, which include a partial DNA result, DHS has adopted the practice of DNA evidence. profile, with other agencies when there referring to fingerprints and are national security, public safety, photographs collectively as Director, Domestic Operations, issued March 19, fraud, or other investigative needs, but ‘‘biometrics,’’ ‘‘biometric information,’’ 2008 (establishing voluntary or suggested nature of always pursuant to existing law. or ‘‘biometric services.’’ DNA testing to verify claimed relationships and For example, the instructions for citing AABB testing standards); DOS, Foreign Proposed 8 CFR 103.16(e). DHS Affairs Manual 9 FAM 601.11–1(A)(a)(2) (CT: especially welcomes comments on these Application to Replace Permanent VISA–936 Sept. 10, 2019) (stating that DNA ‘‘test proposed provisions. Resident Card (Form I–90) refer to a results reporting a 99.5 percent or greater degree of ‘‘biometric services appointment,’’ certainty’’ may be accepted by consular officers as 3. Identity Management while the, Application for Asylum and ‘‘sufficient to support a biological relationship between a parent and child in visa cases’’); see also DHS must ensure that immigration for Withholding of Removal (Form I– Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016) benefits are not fraudulently obtained 589), refers to ‘‘biometrics, including (holding direct sibling-to-sibling DNA test results and are granted to the rightful person, fingerprints and photographs.’’ Many reflecting a 99.5 percent degree of certainty or forms also include a signature as a type higher that a full sibling biological relationship and that individuals entering the exists should be accepted and considered to be country are who they say they are. As of biometric identifier. See instructions probative evidence of the relationship). part of the benefit adjudications process, 39 See AABB home page at http://www.aabb.org/ USCIS must verify the identity of an 41 See Federal Bureau of Investigation (FBI), Pages/default.aspx (last visited Apr. 7, 2020). Criminal Justice Information Services Division 40 See Genetic Relationship Testing; Suggesting individual applying for or seeking any (CJIS), Fingerprints and Other Biometrics, Next DNA Tests Revisions to the Adjudicators Field benefit to protect against fraud and Generation Identification (NGI), https:// Manual (AFM) Chapter 21 (AFM Update AD07–25), imposters. In all circumstances, DHS www.fbi.gov/services/cjis/fingerprints-and-other- signed by Michael Aytes, Associate Director, must identify persons using aliases after biometrics/ngi (last visited Apr. 7, 2020). Domestic Operations, issued March 19, 2008 42 See FBI, CJIS, Fingerprints and Other (establishing voluntary or suggested nature of DNA prior immigration encounters and assist Biometrics, https://www.fbi.gov/services/cjis/ testing to verify claimed relationships and citing in efforts to prevent human smuggling fingerprints-and-other-biometrics (last visited Apr. AABB testing standards). and trafficking. Currently DHS relies 7, 2020).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56355

for Form I–485 which references collect a photograph or image of an procedural safeguards to ensure providing ‘‘fingerprints, photograph, individual’s iris, making an iris image technology used to collect, assess, and and/or signature.’’ Most laws on the the ‘‘modality.’’ An individual’s voice is store the differing modalities is subject do not specify individual a ‘‘biometric,’’ but DHS intends to accurate, reliable, and valid. biometric modalities such as iris image, collect an audible recording of an Additionally, as with any other USCIS palm print, voice print, DNA, and/or individual’s voice, making a voice print petition or application, if a decision will any other biometric modalities that may the ‘‘modality.’’ Finally, an individual’s be adverse to an applicant or petitioner be collected from an individual in the raw DNA is a ‘‘biometric,’’ but upon and is based on derogatory information future. See, e.g., 8 U.S.C. 1732(b)(1) testing, the partial DNA profile becomes the agency considered, he/she shall be (requiring the issuance of travel the ‘‘modality’’ and the DNA test result advised of that fact and offered an documents that use biometric identifiers is the memorialization or evidence of opportunity to rebut the information. 8 recognized by international standards the existence of the claimed genetic CFR 103.2(b)(16)(i). Therefore, DHS organizations). By proposing to update relationship. DHS will collect a proposes that, as of the effective date of the terminology in the regulations to photograph, fingerprint, audible this rule, it would begin collecting new uniformly use the term ‘‘biometrics’’ recording, DNA, etc., for use in facial biometrics modalities as follows. DHS seeks to utilize a single, inclusive recognition, fingerprint recognition, iris term comprehensively throughout image recognition, voice recognition, a. Iris Image regulations and form instructions. DNA testing, etc. DHS proposes to collect and use iris DHS proposes to define the term, The proposed definition of biometrics images as a biometric modality. Iris as ‘‘biometrics,’’ to clarify and expand its would authorize the collection of a biometric modality is a valuable authority to collect more than just specific biometric modalities and the identifier especially for individuals fingerprints in connection while use of biometrics for: Identity whose fingerprints are unclassifiable or administering and enforcing the enrollment, verification, and unattainable through loss of fingers, immigration and naturalization benefits management in the immigration hand amputation, normal wear in the or other services. To do this, DHS lifecycle; national security and criminal ridges and patterns over time (i.e., due proposes to expressly define history background checks; to age, types of employment, etc.), or ‘‘biometrics’’ to include a wider range of determinations of eligibility for deliberate eradication/distortion of modalities than just fingerprints and immigration and naturalization benefits; fingerprint ridges to avoid identification photographs. DHS proposes to define and the production of secure identity and detection. Iris scanning biometric the term ‘‘biometrics’’ to mean ‘‘the documents. See proposed 8 CFR 1.2. technology measures the unique measurable biological (anatomical and DNA, while a biometric, would only be patterns in the colored circle of the eye physiological) or behavioral collected by USCIS in limited to verify and authenticate identity. characteristics used for identification of circumstances to verify the existence of Biometric iris recognition is fast, an individual.’’ Proposed 8 CFR 1.2. a claimed genetic relationship where accurate, and offers a form of Further, DHS proposes the following relevant to the administration and identification verification that requires biometrics as authorized biometric enforcement of immigration and no physical contact to collect an iris modalities that may be requested or naturalization laws. See proposed 8 CFR image. DHS intends to collect iris required from individuals in connection 1.2 and 8 CFR 103.16(e). images as part of the ASC and mobile the administration and enforcement of 2. Additional Modalities biometric enrollment process to enroll immigration and naturalization laws: and verify identity against IDENT, as In addition to the current use of • Fingerprint; well as to assist in the adjudication fingerprints 43 as a biometric modality, • palm print; process by verifying against previous DHS proposes to begin requesting • photograph (including facial images immigration encounters. specifically for facial recognition, as biometric collection (now and through well as photographs of physical or emerging technologies) with the b. Palm Print anatomical features such as scars, skin following additional biometric DHS proposes to add palm prints as marks, and tattoos); modalities: Iris, palm, face, voice, and a biometrics modality in this rule. This 44 • signature; DNA. The technology for collecting proposal is consistent with what the FBI • voice print; and using biometrics has undergone has announced as part of its Next • iris image; and constant and rapid change.45 DHS needs • Generation Identification (NGI) DNA (DNA test results, which to keep up with technological initiative for the development of the include a partial DNA profile attesting developments that will be used by the requirements for and deployment of an to genetic relationship). FBI and agencies with which we will be integrated National Palm Print The term ‘‘biometric modality’’ is sharing and comparing biometrics in Service.46 Law enforcement agencies used to describe a type or class of this area and adjust collection and indicate that at least 30 percent of the biometric system. The collection of a retention practices for both convenience prints lifted from crime scenes—from biometric implies its use in a system and security, and to ensure the knife hilts, gun grips, steering wheels, used to identify an individual; hence maximum level of service for all stakeholders. USCIS also has internal the use of the term ‘‘modality.’’ 46 See Executive Office of the President, National ‘‘Modality’’ is often interchanged, or Science and Technology Council, Committee on used in conjunction, with the term 43 Currently USCIS does not routinely use Technology, Committee on Homeland and National ‘‘biometric’’ because the collection of a photographs or signatures for identity verification Security, Subcommittee on Biometrics, Palm Print purposes other than for document production and Recognition, https://www.fbi.gov/file-repository/ biometric implies automation. For visual verification of the photo. about-us-cjis-fingerprints_biometrics-biometric- example, an individual’s face is a 44 DNA, while included in the list of additional center-of-excellences-palm-print-recognition.pdf/ biometric, but DHS intends to collect a modalities, is a distinct modality and is discussed view. For a basic explanation of NGI, see also photograph or image of an individual’s at length separately above. https://www.fbi.gov/services/cjis/fingerprints-and- face, making a facial photograph the 45 FBI, Science and Technology Branch, https:// other-biometrics/ngi.https://www.fbi.gov/file- www.fbi.gov/about/leadership-and-structure/ repository/about-us-cjis-fingerprints_biometrics- modality. Similarly, an individual’s iris science-and-technology-branch (last visited Apr. 7, biometric-center-of-excellences-palm-print- is a biometric, but DHS intends to 2020). recognition.pdf/view.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56356 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

and window panes—are of palms, not DHS is proposing to increase the 3. Improve Regulations To Facilitate fingers. For this reason, capturing and authorized use of a previously collected Electronic Filing scanning latent palm prints is becoming biometric modality, facial photographs, a. Clarify Terms an area of increasing interest among the to include a facial recognition system. law enforcement community. The To conform with the proposed National Palm Print Service is being d. Voice Print changes to expand biometric collection as previously discussed, DHS proposes developed to improve law DHS proposes to collect and use voice enforcement’s ability to exchange a to remove restrictive language elsewhere prints as a biometric modality. DHS can more complete set of biometric in regulations. Therefore, DHS proposes use voice as a biometric in several ways information, make additional to remove individual references to to improve identity verification in identifications, and improve the overall ‘‘fingerprints,’’ ‘‘photographs,’’ and/or accuracy of identification through several business processes. First, when ‘‘signatures’’ where appropriate, and criminal history records. Collecting immigration benefits are submitted replace them with the more appropriate palm prints would permit DHS to align electronically, an individual’s voice term ‘‘biometrics.’’ DHS proposes the our background checks capability with print can be used to indicate that the following changes to replace references the total available records at the FBI individual who submitted the to ‘‘fingerprint’’ with ‘‘biometrics’’ or to Criminal Justice Information Services application is the same person who remove ‘‘biometrics’’ references on (CJIS), keep current with the changing subsequently returns to access or change account of proposed 8 CFR 103.16: • records of law enforcement, and make information. Deleting 8 CFR 204.3(c)(3), which requires biometric submissions from sure immigration benefit background Second, an individual’s voice print prospective adoptive parent(s), or adult checks are as accurate and complete as can be used for integration into the call members of the adoptive parents’ possible. Therefore, DHS proposes to center process to accomplish faster, reserve the authority to incorporate household, and outlining potential automated identification. Collecting and waivers; palm prints into its biometrics using an individual’s voice print may • collection. Removing the fingerprint reduce concerns about the caller’s requirement at 8 CFR 204.4(d)(1), and c. Facial Image identity. With simpler identification references to fingerprint and completed DHS proposes to use facial and less effort, individuals will more background checks as elements photographs to reduce the burden of effectively be able to call for assistance specifically mentioned in 8 CFR visiting an ASC for individuals or inquire about the status of a pending 204.4(g)(2)(ii) regarding the previously biometrically enrolled by immigration benefit request. The current determination that a sponsor is of good USCIS. For example, 1:1 face biometric identity verification process is typically moral character; • verification can be used in determining more time-consuming than voice; on an Deleting biometric submission and whether an applicant is who he/she is average day USCIS receives 50,000 fee requirements in 8 CFR 204.5(p)(4); • claiming to be and allowing EAD re- phone calls 48 on the toll-free national Deleting and reserving 8 CFR issuance for certain immigration call center line and the use of a voice 204.310(b), which outlines the benefits. Facial recognition can also be biometric holds the promise of biometrics, waiver, and alternative used to verify an identity if fingerprints significantly reducing the time to verify evidentiary requirements for the are unobtainable subsequent to the a person’s identity. Voice biometrics can Application for Determination of initial biometric enrollment at an ASC. be passive, where the user can say Suitability to Adopt a Child from a Currently, CBP is undergoing a separate anything and a match is made from the Convention Country (Form I–800A); • Deleting the reference to biometric rulemaking and concurrently piloting voice to a voiceprint, or it can be active, information and 8 CFR 1.2 in 8 CFR the use of facial recognition at several where the caller is asked to recite a 207.1(a); airports and early results are very previously captured passphrase. Either • favorable, with suggested potential Replacing ‘‘fingerprint processing’’ way, the process is a natural, effortless in the second sentence of 8 CFR benefits of the program in identifying way to identify the caller. fraud. CBP has identified three 208.7(a)(2) with ‘‘an interview or Third, voice verification could be biometric collection’’; imposters in less than 40 days using • facial recognition.47 DHS would also use used for identity verification in remote Removing the biometrics facial images and facial recognition locations where an interview is required submission requirement from 8 CFR technology for fraud, public safety or to adjudicate a benefit being sought, 209.1(b); • Revising 8 CFR 208.10, on account criminal history background checks, reducing the need for an applicant to of proposed 8 CFR 103.2 and 103.16; and national security screening and travel to a USCIS Office. Finally, USCIS • Removing and reserving 8 CFR vetting. Facial photographs, as a may also use voice prints, where 210.1(b); and biometric modality, are already applicable, to identify indicia of fraud, • Replacing ‘‘must be fingerprinted collected by DHS primarily for the screen for public safety or criminal for the purpose of issuance of Form I– purpose of secure document production. history, and vet potential national 688A’’ with ‘‘submit biometrics’’, and DHS has collected facial photographs security issues. replacing ‘‘shall’’ with ‘‘will’’ in for some time, such as for identity DHS welcomes public comment on proposed 8 CFR 210.2(c)(2)(iv), and verification at ports of entry; however, the various proposed modalities, ‘‘presentation or completion of Form reliability of technology, suggestions for FD–258 (Fingerprint Card)’’ with 47 See Customs and Border Protection, Dulles CBP’s New Biometric Verification Technology alternative modalities, as well as its ‘‘biometric collection’’ in proposed 8 Catches Third Impostor in 40 Days (Oct. 2, 2018), proposal for future modalities. CFR 210.2(c)(3)(iv). https://www.cbp.gov/newsroom/national-media- release/dulles-cbp-s-new-biometric-verification- b. Remove Age Restrictions technology-catches-third. More generally, for the use of facial biometrics for international travelers, 48 See DHS, USCIS, A Day in the Life of USCIS, DHS originally codified several of its see Biometrics at https://www.cbp.gov/travel/ https://www.uscis.gov/about-us-0 (last visited Apr. regulatory biometric submission biometrics (last visited Apr. 7, 2020). 7, 2020). requirements with restrictions on the

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56357

ages of individuals from whom security, public safety, and the integrity that biometrics be submitted by lawful biometrics could be collected. The of the immigration system. permanent residents aged 14 and older, codified ages were based on the policies DHS is authorized to share relevant but not as imposing a lower age limit and practices at the time such as not information internally and with other prohibiting DHS from requiring anyone, running criminal history background law enforcement agencies, including including lawful permanent residents or checks on children 49 or technological ‘‘biometrics’’ and, consequently, is individuals seeking immigration limitations on collecting fingerprints proposing that it may share DNA test benefits who are under the age of 14, from elderly persons.50 As stated earlier, results, which include a partial DNA from submitting biometrics as DHS proposes that biometrics uses profile, with other agencies where there authorized by other laws. are national security, public safety, expand beyond criminal history c. Remove Redundant Provisions background checks to include identity fraud, or other investigative needs, but management and verification in the always consistent with any legal DHS proposes in this rule to have one immigration lifecycle. Identity limitations on such information sharing. regulatory provision that governs the verification and management in the For those reasons, the removal of age requirement to submit biometrics for all immigration lifecycle via biometrics is restrictions may lead to more frequent immigration benefit requests. Proposed even more important in the case of biometric collections compared to 8 CFR 103.16. This new provision will children because their physical adults. Therefore, because the proposed also include the requirements for appearances can change relatively requirements in this rule, requiring rescheduling and the acceptable reasons rapidly and children often lack identity appearance for biometric collection or for failure to submit biometrics unless documents. interview would apply to any waived. Id. In addition, DHS proposes to consolidate the multiple sections of 8 Consistent with this determination, individual, without age limitation, DHS CFR providing what USCIS can or will DHS is removing the age restrictions for proposes to remove all age limitations or do with an immigration benefit request biometric collection writ large, restrictions on biometrics collection. when required biometrics are not including those for NTA issuance. See However, DHS also proposes that the submitted. For example, 8 CFR 8 CFR 236.5. DHS has authority, under biometric collection may be waived at 240.68(b) currently provides that failure the immigration laws,51 to issue Notice DHS’s discretion. See proposed 8 CFR to comply with fingerprint processing to Appear (Form I–862) and Notice of 103.16. Under the authority granted by the requirements without reasonable excuse Referral to Immigration Judge (Form I– proposed rule, individual DHS may result in dismissal of the asylum 863), which are thereafter filed with the components will be able to establish an application or waiver of the right to Immigration Court to commence age threshold for biometric collection adjudication by an asylum officer. removal proceedings under the INA. In specific to that component’s operational Because proposed 8 CFR 103.16 will removing the age restrictions for needs. Immigration officers may collect apply to all immigration benefits biometric collection relating to NTA biometrics, pursuant to the authority adjudicated by USCIS, there is no need issuance, DHS is ensuring that every granted in 8 U.S.C. 1357(b) from for a separate provision for what individual’s identity is established or individuals under the age of 14 happens in the context of an asylum verified—regardless of age—when they categorically or on a case-by-case basis, application submitted pursuant to 8 are placed in removal proceedings depending on the circumstances. DHS CFR 240.68. Therefore, DHS is under the INA. Just as with the granting interprets 8 U.S.C. 1357(f)(1) as proposing to either revise separate of immigration benefits, biographical requiring fingerprinting and provisions regarding failure to submit identifiers are of limited use when photographing of aliens 14 years or biometrics to cross-reference 8 CFR verifying identity because individuals older in removal proceedings, but DHS 103.16 or remove them entirely. See share common names and an individual interprets that authority as not proposed 8 CFR 103.2(b)(9), 103.16(b), may misrepresent his or her identity prohibiting the collection of biometrics 208.10, 240.68, 240.70(d)(4), and 245.7. when facing immigration enforcement from aliens younger than 14 as d. Remove Unnecessary Procedures and action. Furthermore, with respect to authorized by other laws. Removing the Requirements children under the age of 14 issued who age restrictions associated with are issued NTAs, the collection of biometric collections from the DHS is proposing changes in this rule biometric information to determine regulations will permit DHS consistent with continued efforts to identity will significantly assist DHS in components maximum flexibility in provide flexibility for applicants, its mission to combat human trafficking, their day-to-day operations. petitioners, requestors and associated child sex trafficking, forced labor DHS reviewed statutes containing individuals to submit biometrics, file exploitation, and alien smuggling, while requirements for individuals to submit benefit requests, and provide supporting simultaneously promoting national biometrics to DHS at a certain age and documentation, as well as for USCIS to determined those statutes do not restrict receive and process those requests in an 49 ‘‘Children’’ and ‘‘minor’’ are used or limit the collection of biometrics to electronic environment. In sections of interchangeably here and without regard to any these ages. First, INA section 262(b), 8 the regulations governing biometrics single or specific INA definition. U.S.C. 1302, states, ‘‘Whenever any submission requirements, DHS is also 50 See Fingerprint Waiver Policy for All Applicants for Benefits under the Immigration and alien attains his fourteenth birthday in proposing to remove and/or replace Naturalization Act and Procedures for Applicants the United States he shall, within thirty language that applies solely to paper Whose Fingerprint Responses Expire after the Age days thereafter, apply in person for filings and benefit requests with Range during Which Fingerprints are Required by registration and to be fingerprinted.’’ language that is applicable in both a Michael Pearson, Executive Associate Commissioner, Office of Field Operations United Second, INA section 264(a), 8 U.S.C. paper and electronic environment. For States Department of Justice, Immigration and 1304, provides that the Secretary is example, references to position titles, Naturalization Service, dated July 20, 2001 (waiving authorized ‘‘to prepare forms for the form numbers, mailing, copies, and general fingerprinting requirements for certain ages registration and fingerprinting of aliens’’ office jurisdiction are proposed to be and classifications of individuals otherwise required under regulation). aged 14 and older in the United States, removed, replacing ‘‘the director,’’ 51 See, e.g., INA sections 103(a), 239; 8 CFR 2.1, as required by INA section 262. DHS ‘‘service office having jurisdiction over 239.1. interprets section 264(a) as requiring the prior petition,’’ ‘‘service legalization

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56358 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

office,’’ ‘‘legalization office,’’ ‘‘service (5) a certificate of naturalization or of derivative beneficiaries. See INA office designated for this purpose,’’ and citizenship, in lieu of one lost, mutilated, or sections 204(a)(1)(A)(viii)(I) & (B)(i)(II), ‘‘The INS,’’ with ‘‘USCIS’’ in 8 CFR destroyed; 8 U.S.C. 1154(a)(1)(A)(viii)(I) & (B)(i)(II), (6) a new certificate of citizenship in the 204.4(d)(1), 210.2(c)(2)(iv), new name of any naturalized citizen who, and 101(a)(15)(K), 8 U.S.C. 210.2(c)(4)(iii) and 210.5(b). In proposed subsequent to naturalization, has had his 1101(a)(15)(K), as amended. 52 8 CFR 204.4(d)(1), the internal USCIS name changed by order of a court of The AWA defines ‘‘specified process is removed from the regulatory competent jurisdiction or by marriage; and offense against a minor’’ as an offense text, by replacing the requirement that (7) a declaration of intention. against a minor that involves any of the petitioners submit documents within One such photograph shall be affixed to following: one year of the date requested, with a each such certificate issued by the Attorney • An offense (unless committed by a deadline provided in the request. General and one shall be affixed to the copy parent or guardian) involving of such certificate retained by the Service. Similarly, in proposed 8 CFR 208.21(d), kidnapping. the specific procedure regarding As DHS interprets INA section 333, its • An offense (unless committed by a transmissions to the U.S. Embassy or requirements may be met when an parent or guardian) involving false consulate is deleted from the regulatory individual’s photographs are obtained imprisonment. • text. In other sections, requirements to by USCIS, signed, and furnished by the Solicitation to engage in sexual provide a paper fingerprint card or FD– individual when USCIS or its designee conduct. collects the individual’s biometrics. • Use in a sexual performance. 258 are revised to simply require • ‘‘biometrics.’’ See 8 CFR 210.2(c)(2)(i), Therefore, DHS proposes to revise 8 Solicitation to practice prostitution. • Video voyeurism as described in 18 210.2(c)(4), 240.68, 240.70, CFR 333.1 to provide that every U.S.C. 1801. 245a.2(e)(1)(iii) and 245a.4(b)(5)(i)(C). applicant under section 333 of the Act • Possession, production, or To promote electronic filing and must provide photographs as prescribed distribution of child pornography. lessen dependence on paper, DHS is by USCIS in the applicable form • Criminal sexual conduct involving also proposing to clarify the regulatory instructions. a minor, or the use of the internet to requirements for submitting passport- D. Biometrics Requirement for United facilitate or attempt such conduct. style paper photographs with certain States Citizens and Lawful Permanent • Any conduct that by its nature is a applications or petitions. DHS proposes Residents sex offense against a minor. to eliminate references to the ‘‘ADIT- While the focus of attention in the style’’ photograph requirement as 2. The International Marriage Broker immigration context is usually on outdated and revising any requirement Regulation Act foreign nationals, aliens, and for submitting photographs with 53 immigrants, DHS is also proposing to IMBRA provides that petitioners for immigration benefit requests to require biometrics from U.S. citizens or a K nonimmigrant visa for an alien reference photographs ‘‘as required by lawful permanent residents when they fiance´(e) (K–1) or alien spouse (K–3) form instruction.’’ See proposed 8 CFR submit a family-based visa petition. See must submit with his or her Form I– 103.16 and 333.1. USCIS may continue proposed 8 CFR 103.16. Current 129F criminal conviction information requiring paper photographs to be regulations only require biometrics from for the petitioner on any of the submitted with a benefit request, where applicants, petitioners, their spouses, following ‘‘specified crimes’’: required by form instruction, to use in • and all adult members of the household Domestic violence, sexual assault, its adjudications for either identity in the intercountry adoption context child abuse and neglect, dating verification or document production. involving orphan and Hague Adoption violence, elder abuse, and stalking; However, as proposed, under no • Convention cases. See 8 CFR 204.3(c)(3); Homicide, murder, manslaughter, circumstances would submission of 8 CFR 204.310(b). For family-based rape, abusive sexual contact, sexual passport-style photographs relieve an petitioners filing Petition for Alien exploitation, incest, torture, trafficking, individual from their obligation to Relative (Form I–130) or Petition for peonage, holding hostage, involuntary appear for biometric collection. Alien Fiance´(e) (Form I–129F), the servitude, slave trade, kidnapping, DHS believes that the photograph abduction, unlawful criminal restraint, submission and use requirements in the regulations are silent with respect to the routine submission of a petitioner’s false imprisonment, or an attempt to INA may be met in the future by commit any of these crimes; and electronic photographs collected by biometrics in support of a petition. See • generally 8 CFR 204.1 and 214.2(k). As Crimes relating to a controlled USCIS as a biometric identifier. INA substance or alcohol where the section 333, 8 U.S.C. 1444, states: discussed below, DHS has determined that U.S. citizen and lawful permanent petitioner has been convicted on at least (a) Three identical photographs of the resident petitioners must submit three occasions and where such crimes applicant shall be signed by and furnished by biometrics in order for DHS to comply did not arise from a single act. each applicant for naturalization or If a petitioner indicates that he or she with existing laws. citizenship. One of such photographs shall be has been convicted by a court or by a affixed by the Attorney General to the 1. The Adam Walsh Child Protection military tribunal for one of these original certificate of naturalization issued to and Safety Act of 2006 specified crimes, or if USCIS ascertains the naturalized citizen and one to the duplicate certificate of naturalization The INA bars USCIS from approving through relevant background checks required to be forwarded to the Service. any family-based immigrant visa that the petitioner was convicted, the (b) Three identical photographs of the petitions and nonimmigrant fiance´(e) applicant shall be furnished by each visa petitions filed by a U.S. citizen or 52 Adam Walsh Child Protection and Safety Act of 2006 section 111(7), Public Law 109–248, 120 applicant for— lawful permanent resident petitioner if (1) a record of lawful admission for Stat. 587, 592 (2006) (codified at 34 U.S.C. 20911(7) he or she has been convicted of any after editorial reclassification). permanent residence to be made under 53 section 249; ‘‘specified offense against a minor’’ Violence Against Women and Department of unless the Secretary first determines in Justice Reauthorization Act of 2005 (T 2005), Public (2) a certificate of derivative citizenship; Law 109–162, 119 Stat. 2960 (2006); and (VAWA (3) a certificate of naturalization or of his or her sole and unreviewable 2013), Public Law 113–4, sections 807–8, 127 Stat. citizenship; discretion that the petitioner poses ‘‘no 54, 112–17; 8 U.S.C. 1375a); INA sections 214(d)(1), (4) a special certificate of naturalization; risk’’ to the beneficiary and/or (3).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56359

petitioner is required to submit certified evaluation of the prospective adoptive immigration sponsorship as a tool of copies of all court and police records parents’ suitability to adopt a foreign- abuse. VAWA allows abused showing the charges and dispositions born child.54 8 CFR 204.3(c)(3), 8 CFR immigrants to petition for legal status in for every such conviction. See USCIS 204.310(b). USCIS likewise needs to the United States without relying on Form I–129F and Form I–129F review the criminal histories of other abusive U.S. citizen or lawful Instructions, Part 3. If the petition is petitioners before approving a family- permanent resident spouses, parents, or approved, the petitioner’s Form I–129F based immigration benefit. USCIS needs children to petition for and sponsor (including all criminal background to utilize biometrics to conduct criminal their immigrant petition and Form I– information submitted by the petitioner history background checks to identify 485. The purpose of the VAWA program and any related criminal conviction individuals convicted of any ‘‘specified is to allow victims the opportunity to information that USCIS discovers offense against a minor’’ or ‘‘specified ‘‘self-petition’’ or independently seek during the course of conducting its crime’’ and prevent the approval of a legal immigration status. DHS proposes routine background check) must be petition in violation of the AWA or in this rule that any applicant, provided to DOS. Id.; see also 8 U.S.C. without the proper disclosure required petitioner, sponsor, beneficiary, or 1375a(a)(5)(A)(iii). DOS will then by IMBRA.55 Therefore, DHS proposes individual filing or associated with a disclose this information to the to amend the regulations governing the benefit or other request must appear for beneficiary during the consular requirements for USCIS Form I–130 and biometrics collection unless biometrics interview. See Form I–129F Form I–129F to require those petitioners are waived. Accordingly, DHS proposes Instructions, Part 3. to routinely submit biometrics as to remove the regulations that provide that VAWA self-petitioners are not 3. All Family-Based Petitioners required by proposed 8 CFR 103.16. See proposed 8 CFR 204.1(h) and 8 CFR required to appear for biometric USCIS is committed to complying 214.2(k)(1). collection. In addition, as noted in the with and furthering the purposes of Affected family-based petitions PRA section of this preamble, DHS AWA and IMBRA so that intended include those petitioning for the proposes to revise the applicable forms beneficiaries of family-based visa following individuals: to require VAWA self-petitioners to petitions are not placed at risk of harm • Spouse; comply with the biometrics submission from the persons who seek to facilitate • Fiance´(e); requirement proposed in this rule. their immigration to the United States. • Parent; VAWA self-petitioners are currently Without complete biometrics for all • Unmarried child under 21 years of not subject to biometric collection and family-based petitioners, USCIS is age; they establish good moral character required to rely only on name-based • Unmarried son or daughter over 21 required under 8 CFR 204.2(c)(2)(v) and criminal checks to assess AWA and years of age or over; 204.2(e)(2)(v) by: (1) Personal statement IMBRA. These name-based checks do • Married son or daughter of any age; from the self-petitioner; (2) police not identify all offenders with visa • Sibling; or clearance letters from the self- petitions who have been convicted of • Any derivative beneficiary petitioner’s places of residence for the qualifying crimes under AWA and/or permitted to receive an immigrant or three years before filing; and (3) other IMBRA. Name-based checks only yield nonimmigrant visa based on his or her credible evidence, including affidavits petitioners who are currently required to familial relationship to the beneficiary from third parties attesting to the self- register as a sex offender or who have of such petition. petitioner’s good moral character. a current order of protection in place. See INA sections 101(a)(15)(K), USCIS does not currently use biometrics However, AWA and IMBRA apply to all 201(b)(2)(A)(i) and 203(a) and (d), 8 to verify the identity of the self- family-based petitioners with qualifying U.S.C. 1101(a)(15)(K), 1151(b)(2)(A)(i) petitioner or verify the accuracy or convictions regardless of when the and 1153(a) and (d) (governing completeness of the disclosed criminal criminality occurred, and whether they nonimmigrant fiance´(e)s, immediate history information. are currently registered sex offenders or The proposed requirement for relatives, and family-based preference subject to an order of protection. The biometrics collection for VAWA self- and derivative categories/ current reliance on name-based checks petitioners would result in production classifications). means that certain family-based visa of the self-petitioner’s IdHS which petitioners are not currently identified 4. Violence Against Women Act provides greater accuracy and detail and vetted under AWA and IMBRA (VAWA) Self-Petitioners relating to the self-petitioner’s criminal because USCIS does not routinely Separate from the AWA and IMBRA history. This would accomplish several request biometrics from these provisions discussed above, VAWA self- goals. First, it would support the populations. Requiring biometrics petitioners are currently not generally identity enrollment, verification, and collection for all family-based required to submit biometrics for management in the immigration petitioners will result in production of adjudication. For many immigrant lifecycle purpose for USCIS biometrics an official FBI criminal history result victims of domestic violence, battery, or collection. Second, it supports the (currently referred to as an Identity national security and criminal history extreme cruelty, the U.S. citizen or History Summary ‘‘IdHS’’ and formerly background checks purpose for USCIS lawful permanent resident family referred to as a Record of Arrest and biometrics collection because relying on members who sponsor their Prosecution ‘‘RAP sheet’’) which self-petitioners to obtain and present applications threaten to withhold legal provides greater accuracy and detail appropriate local police clearance letters relating to the petitioner’s criminal is not the most reliable means of 54 In intercountry adoption cases, DHS must be history. satisfied that proper care will be provided to the obtaining, or verifying, an accurate and USCIS already requires biometrics child if admitted to the United States. INA section complete criminal history for a self- from all applicants, petitioners, their 101(b)(1)(F), (G), 8 U.S.C. 1101(F), (G). petitioner. Third, it will simplify the spouses, and all adult members of the 55 INA section 204(a)(1)(A)(viii)(I) & (B)(i)(II), 8 petition for the self-petitioner as well as U.S.C. 1154(a)(1)(A)(viii)(I) & (B)(i)(II), and INA household in the intercountry adoption section 101(a)(15)(K), 8 U.S.C. 1101(a)(15)(K), as the adjudication for USCIS by reducing context involving orphan and Hague amended by the Adam Walsh Act, tit. IV, sec. 402, the evidence required to establish good Adoption Convention cases as part of its 120 Stat. at 622. moral character. The self-petitioner will

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56360 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

not need to contact the police DHS further proposes to revise 8 CFR 101(a)(15)(T)(i)(I), (III), 8 U.S.C. department in every city in which he or 204.2(e)(2)(v) to remove the automatic 1101(a)(15)(T)(i)(I), (III). After the grant she has lived and USCIS will not need presumption of good moral character for of T nonimmigrant status, an individual to analyze multiple police letters for VAWA self-petitioners under 14 years of can apply for lawful permanent their findings. Due to certain limitations age. Rather, DHS proposes that VAWA residence under INA section 245(l) and with biometric information sharing self-petitioners under 14 years of age 8 CFR 245.23 by filing a Form I–485. among foreign countries, self-petitioners will submit biometrics like any other Among several other eligibility who resided outside the United States VAWA self-petitioner, which USCIS requirements, an applicant seeking to in the three years before filing will still will use in the determination of good adjust under INA 245(l) must have to provide a law enforcement moral character and which preserves demonstrate good moral character from clearance, criminal background check, USCIS’s discretionary authority to the date of lawful admission as a T or similar report issued by an require that VAWA self-petitioners nonimmigrant until the time USCIS appropriate authority from any provide additional evidence of good adjudicates his or her adjustment of jurisdiction in which the self-petitioner moral character. See proposed 8 CFR status application. 8 CFR 245.23(g). resided for six or more months during 204.2(e)(2)(v). DHS does not believe this Good moral character for T the three year period immediately change is a significant departure from nonimmigrant adjustment applicants is preceding the filing of the self-petition. the existing regulatory scheme or that it presently assessed by the applicant’s The proposed revision to 8 CFR will burden self-petitioners under 14 affidavits, the results of biometric-based 204.2(c)(2)(v) and 204.2(e)(2)(v) to generally, because they will still not be security checks, the submission of a require biometrics from VAWA self- required to submit evidence of good ‘‘local police clearance or a state-issued petitioners will eliminate the need for moral character apart from biometrics as criminal background check,’’ and other self-petitioners who resided in the initial evidence with their self-petitions. credible evidence. 8 CFR 245.23(g). United States three years before filing to Furthermore, the existing presumption There are several concerns with the use obtain multiple police or law is rebuttable. USCIS may currently of affidavits and police clearance letters enforcement clearance letters. The request evidence of good moral to establish good moral character where majority of self-petitioners would only character for self-petitioning children the applicant has resided domestically under 14 years of age if USCIS has need to travel to one USCIS ASC for for the requisite period. First, local reason to believe the self-petitioning biometrics collection. Further, USCIS police clearance letters for domestic child lacks good moral character. The adjudicators would no longer need to residences will become unnecessary proposed structure is intended to align verify past addresses against police with the publication of this rule, which the VAWA provisions with the agency’s clearance letters, as the information will authorize biometrics for all goals regarding biometrics collection discovered by collecting biometrics for applicants and petitioners, including T from all applicants, petitioners, a criminal history and national security nonimmigrant adjustment of status sponsors, derivatives, dependents, background checks will be credible and applicants. DHS proposes in this rule beneficiaries and individuals, without relevant evidence when considering the that any applicant, petitioner, sponsor, regard to age, unless USCIS waives or good moral character requirement. exempts the biometrics requirement, derivative, dependent, beneficiary, or Consistent with other adjudicative while still preserving USCIS’ authority individual filing or associated with a determinations of good moral character, to define evidentiary requirements for benefit or other request must appear for DHS proposes that, when assessing good demonstrating good moral character for biometrics collection unless biometrics moral character for a VAWA self- child VAWA self-petitioners in its are exempted or waived. Second, petitioner, USCIS may consider the self- discretion. Additionally, as with any official criminal history results from petitioner’s conduct beyond the three other USCIS petition or application, if a biometric-based security checks provide years immediately before filing, where: decision will be adverse to an applicant a more reliable means for obtaining, or (1) The earlier conduct or acts appear or petitioner and is based on derogatory verifying, an accurate and complete relevant to a determination of the self- information the agency considered, he/ criminal history for an applicant than petitioner’s present moral character; and she shall be advised of that fact and official criminal history results from (2) the conduct of the self-petitioner offered an opportunity to rebut the that rely on applicants to obtain and during the three years immediately information. See 8 CFR 103.2(b)(16)(i). present appropriate local police before filing does not reflect that there clearances or state-issued criminal has been a reform of character from an 5. T Nonimmigrant Adjustment of background checks. Third, the earlier period. See generally 8 CFR Status Applicants submission of local police clearance 316.10(a)(2). USCIS currently allows Similar to the VAWA self-petitioners letters is already redundant, because T officers to look outside the 3-year period discussed above, applicants applying to nonimmigrant adjustment of status if there is reason to believe that the self- adjust status based on underlying T applicants are currently subject to a petitioner may not have been a person nonimmigrant status also have a good biometrics requirement, and it logically of good moral character during that moral character requirement. The INA follows that the regulation should time. This has been a long-standing permits the Secretary to grant T reflect that adjudicators assess good practice at USCIS and memorialized in nonimmigrant status to individuals who moral character with the most reliable both a 2005 policy and the preamble to are or were victims of a severe form of and comprehensive evidence available the 1996 VAWA regulation. See, Policy trafficking in persons who have for good moral character (i.e., official Memorandum, William R. Yates, complied with any reasonable request criminal history results from the Associate Director of Operations, USCIS by a law enforcement agency for biometric-based security checks). Cf. Memorandum Determinations of Good assistance in the investigation or Matter of Castillo-Perez, 27 I&N Dec. Moral Character in VAWA-Based Self- prosecution of a crime involving acts of 664, 666–67 (A.G. 2019) (discussing Petitions—HQOPRD 70/8.1/8.2 (January trafficking in persons (unless they are meaning of ‘‘good moral character’’ and 19, 2005); 61 FR 13065, 13066 (Mar. 26, under 18 years of age or are unable to explaining that ‘‘an alien’s criminal 1996); USCIS is simply clarifying this cooperate due to physical or record is highly probative of whether he point in the regulatory text. psychological trauma). See INA section possesses good moral character’’).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56361

Presently, USCIS requires biometrics for assessing the good moral character clearance letters from T nonimmigrant T adjustment of status applicants, requirement. adjustment applicants and remove the however, the regulations also require DHS also proposes to clarify language good moral character presumption for T applicants to submit police clearance referring to the requisite period of good nonimmigrant adjustment of status letters, if available, which adjudicators moral character for T nonimmigrant applicants under age 14. As noted in the consider in addition to other credible adjustment of status applicants. The PRA section of this preamble, DHS will evidence when determining good moral current regulation references evaluating revise the applicable forms to eliminate character. For these reasons, DHS good moral character during a requisite the police clearance letter requirement proposes to eliminate the requirement period of ‘‘continued presence.’’ 8 CFR for T nonimmigrant adjustment that applicants applying to adjust status 245.23(g)(1). ‘‘Continued presence’’ is applicants concomitant with this rule. based on underlying T nonimmigrant an established term in the immigration DHS proposes this change to align the status submit self-obtained police and trafficking in persons context, but is T nonimmigrant adjustment of status clearance letters, unless they lived not the correct term to refer to the provisions with the agency’s goals outside the United States during the period relevant to USCIS’ evaluation of regarding biometrics collection from all requisite period. good moral character. Rather, USCIS applicants, petitioners, sponsors, There are several benefits to believes the current language was derivatives, dependents, beneficiaries eliminating this police clearance intended to refer to the requirement that and individuals, including identity requirement. First, requiring the applicant be physically present ‘‘for management in the immigration adjudicators to assess good moral a continuous period of at least 3 years lifecycle, without regard to age, unless character based in part on an official FBI since the date of admission as a USCIS waives or exempts the biometrics criminal history result or IdHS provides nonimmigrant’’ or ‘‘continuous period requirement, while still preserving greater accuracy and detail relating to during the investigation or prosecution USCIS’ authority to define the the T nonimmigrant adjustment of acts of trafficking.’’ See INA evidentiary requirements for child applicant’s criminal history. Second, it 245(l)(1)(A). Therefore, DHS proposes to applicants to demonstrate good moral supports the national security and amend 8 CFR 245.23(g) to refer to the character requirements in its discretion. criminal history background checks relevant ‘‘continuous period’’ rather than ‘‘continued presence.’’ Consistent 6. Regional Center Principals Under the purpose for USCIS biometrics EB–5 Program collection. Third, it will simplify the with other adjudicative determinations of good moral character, when assessing application and adjudication for the T DHS proposes to require biometrics good moral character for T nonimmigrant adjustment of status collection and perform biometric-based nonimmigrant adjustment applicants, applications. The applicant will not criminal history and national security USCIS would be able to consider the need to contact the police department in background checks, as well as for applicant’s conduct beyond the every city in which he or she has lived purposes of identity verification, on all requisite period, where: (1) The earlier and USCIS will not need to analyze regional center principals, including conduct or acts appear relevant to a multiple police letters for their findings. U.S. citizens and lawful permanent determination of the applicant’s present Due to certain limitations with residents, of an intending or existing moral character; and (2) the conduct of biometric information sharing among regional center as part of its the applicant during the requisite period determination of whether the regional foreign countries, applicants who does not reflect that there has been a resided outside the United States in the center will, or is continuing to, promote reform of character from an earlier economic growth in accordance with requisite period will still have to period. See generally 8 CFR provide a law enforcement clearance, regional center program requirements. 316.10(a)(2). DHS proposes that the biometric criminal background check, or similar DHS further proposes to revise 8 CFR collection for background checks also report issued by an appropriate 245.23(g) to remove the presumption of extend, if the regional center principal authority from any jurisdiction in which good moral character for T is a legal entity or organization, to those the applicant resided during the nonimmigrant adjustment of status persons having ownership, control, or requisite period. applicants under 14 years of age. Rather, beneficial interest in such principal DHS notes that USCIS currently the rule provides that such applicants legal entity or organization. Further, assesses good moral character based on will submit biometrics like any other DHS proposes that the biometrics biometric-based security check results applicant, and it preserves USCIS’ requirement may also include and other relevant evidence in the file discretionary authority to require that additional collections or checks for and it does not require T nonimmigrant applicants provide additional evidence adjustment applicants to obtain of good moral character. Proposed 8 purposes of continuous vetting. INA multiple police or law enforcement CFR 245.23(g). DHS does not believe section 203(b)(5), 8 U.S.C. 1153(b)(5), clearance letters unless they lived this change is a significant departure authorizes the EB–5 program, and the outside the United States. Thus the regional center program was authorized from the existing regulatory scheme or 56 proposed revision of 8 CFR 245.23(g) that it will burden applicants under 14 in 1992 in an appropriations act. The would simply codify the current USCIS generally, because they will still not be regulations at 8 CFR 204.6 contain the policy and practice. Applicants would required to submit evidence of good requirements for employment creation only need to travel to a USCIS ASC for moral character apart from biometrics as aliens under INA section 203(b)(5), 8 biometrics collection. Further, USCIS initial evidence with their applications. U.S.C. 1153(b)(5), including those adjudicators would no longer be Furthermore, the existing presumption investing under the regional center required to verify past addresses against is rebuttable. USCIS may currently program (also known as the Immigrant police clearance letters, because the request evidence of good moral Investor Program), and criteria for the information discovered by reviewing the character for applicants under 14 years designation of regional centers. applicant’s criminal history and of age if USCIS has reason to believe the 56 Departments of Commerce, Justice, and State, national security background check applicant lacks good moral character. the Judiciary, and Related Agencies Appropriations result will be the most relevant, The proposed changes would remove Act, Public Law 102–395, sec. 610, 106 Stat 1828, probative, and reliable evidence when the superfluous need for police 1874 (1992).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56362 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

With respect to the requirements for engaging in fraud.57 USCIS tracks when ensure greater uniformity within USCIS regional centers, DHS regulations at 8 regional centers are terminated; a list is operations. publicly available from USCIS.58 With CFR 204.6 require the submission of a 1. Alien Spouses proposal describing how the regional respect to regional center termination, center, an economic unit, will promote mandating biometrics and conducting Seeking the removal of the economic growth. DHS regulation at 8 biometric-based background checks conditional basis for status—under INA CFR 204.6 also requires updated would strengthen USCIS’ ability to section 216, 8 U.S.C. 1186a, and INA information to demonstrate continued determine whether a regional center, section 216(c)(2), 8 U.S.C 1186a(c)(2)— promotion of economic growth in including through its principals, requires that the alien spouse and the compliance with program requirements continues to serve the purpose of petitioning spouse appear for a personal once an economic unit is designated as promoting economic growth in interview, although DHS may waive the a regional center. As part of these compliance with program requirements. interview requirement in its discretion. determinations, USCIS considers See 8 CFR 204.6(m)(6). See INA section 216(d)(3), 8 U.S.C. whether the principals of the intending DHS welcomes public comment on all 1186a(d)(3). Under this rule, DHS is proposing to remove current 8 CFR or designated regional center, and the aspects of this proposal, including 216.4(b)(1) because it simply repeats the regional center itself, are bona fide and expanding biometric collection to U.S. authority in INA section 216(d)(3), capable of credibly promoting such citizen or lawful permanent resident which allows DHS to waive the economic growth. Background checks family-based petitioners in order to interview requirement in its discretion using the biometrics of the principals comply with AWA and IMBRA, expanding biometric collection to in such cases as may be appropriate. would provide information relevant to Furthermore, proposed 8 CFR this determination such as instances of VAWA self-petitioners, eliminating police clearance letters for VAWA self- 103.2(b)(9)(ii) provides equivalent fraud, financial crimes, or other discretionary authority to waive such activities that would demonstrate a lack petitioners and T nonimmigrant adjustment applicants, modifying the interviews. Because the decision to of ability to promote economic growth. waive the mandatory interview is purely For example, USCIS could consider VAWA self-petitioner and T nonimmigrant adjustment applicant’s discretionary, and 8 CFR 216.4(b)(1) whether an applicant for regional center simply reiterates this discretion, it principal had convictions for fraud or good moral character requirements for those under 14 years of age, and serves no purpose, especially since financial misconduct, as directly determining whether the eligibility expanding biometric collection to U.S. bearing on their ability to promote requirements for removal of conditions citizen and lawful permanent resident economic growth, as required by 8 CFR in 8 CFR 216.4(c) were established is principals of an intending or existing 204.6. Using biometrics, USCIS would central to the adjudication of the regional center under the EB–5 program, screen and vet the applicant for regional petition itself. center principal in an effort to protect as well as additional collections or DHS also proposes to remove 8 CFR the investors in the regional center. checks for purposes of continuous 216.4(b)(1) because it contains vetting. In the EB–5 regional center program, unnecessary procedural requirements the applicant is the entity seeking E. Interviews and outdated terms. For example, the mention of ‘‘regional service center regional center designation. DHS also proposes to amend its director’’ is unnecessary because 8 CFR ‘‘Principals’’ of a regional center are regulations to remove 8 CFR 216.4(b)(1) 1.2 already describes the collectively any persons or entities that and (2), and 216.6(b)(1) and (2) because interchangeability of certain terms such own, are in a position of executive the four sections are purely operational as ‘‘director.’’ Such references are managerial authority over, or are and superfluous given the statutory purely internal and operational. otherwise in a position to control, requirements and regulatory revisions at influence, or direct the management or proposed 8 CFR 103.2(b)(9). See INA 2. Alien Investors policies of, the regional center entity. In sections 216 and 216A; 8 U.S.C. 1186a When seeking the removal of the the event that the principal of the and 1186b. The proposed changes conditional basis for status under INA regional center entity is a legal entity or would not alter regulatory eligibility section 216A, 8 U.S.C. 1186b, INA organization, USCIS will require requirements, but rather would clarify section 216A(c)(1)(B), 8 U.S.C. biometrics from all persons having certain interview procedures for 1186b(c)(1)(B), generally requires ownership, control, or beneficial conditional permanent residents to petitioners who file a USCIS Petition by interest in that legal entity or reduce potential redundancies and Entrepreneur to Remove Conditions on organization. To identify potential Permanent Resident Status (Form I–829) national security concerns relating to 57 See U.S. Government Accountability Office to be interviewed before final regional centers and the individuals (GAO), GAO–15–696, Immigrant Investor Program: adjudication of the petition, although who operate them, biometric-based Additional Actions Needed to Better Assess Fraud DHS may waive the interview background checks on principals would Risks and Report Economic Benefits (2015), available at https://www.gao.gov/products/GAO-15- requirement in its discretion. INA provide USCIS with relevant 696; GAO, GAO–16–431T, Immigrant Investor section 216A(d)(3), 8 U.S.C. 1186b(d)(3). information on the people who control Program: Additional Actions Needed to Better USCIS recently updated 8 CFR 216.6 to the regional centers and interact with Assess Fraud Risks and Report Economic Benefits make certain technical changes in the immigrant investors and the credibility (2016), available at https://www.gao.gov/products/ GAO-16-431T; and GAO, GAO–16–828, Immigrant EB–5 Immigrant Investor Program of the projects they sponsor. USCIS Investor Program: Progress Made to Detect and Modernization, Final Rule. See 84 FR already conducts background checks on Prevent Fraud, but Additional Actions Could 35750. Under current regulations, regional center principals based on Further Agency Efforts (2016), available at https:// USCIS reviews the petition to remove Social Security numbers. www.gao.gov/products/GAO-16-828. 58 See Regional Center Terminations, https:// conditions and the supporting Biometric-based background checks www.uscis.gov/working-united-states/permanent- documents to determine whether to would also help USCIS verify identities workers/employment-based-immigration-fifth- preference-eb-5/eb-5-immigrant-investor-process/ waive the interview. 8 CFR 216.6(b)(1). of principals, because there are regional-center-terminations (last visited Apr. 7, If the eligibility requirements for identified trends of regional centers 2020). removal of conditions in 8 CFR

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56363

216.6(c)(1) have been satisfied, USCIS Lastly, 8 CFR 216.4(b)(3) and requirements for imposing new may waive the interview and approve 216.6(b)(3) will be redesignated as information collections when it decides the petition. 8 CFR 216.6(b)(1). If the proposed 8 CFR 216.4(b) and 216.6(b) to collect biometrics from a new eligibility requirements for removal of respectively. Proposed 8 CFR category of filers or to collect new conditions in 8 CFR 216.6(c)(1) have not 103.2(b)(9)(iv) provides that failure to biometric modalities.59 appear for a scheduled interview been satisfied, USCIS may require that 2. Collection of the Biometric Services without prior authorization may result an interview of the investor be Fee conducted. 8 CFR 216.6(b)(1). In in a variety of consequences, including addition, under current 8 CFR termination of conditional permanent USCIS is authorized to collect an $85 216.6(b)(2), unless waived, an interview resident status. Under proposed 8 CFR biometric services fee from any is conducted by a USCIS immigration 216.4(b) and 216.6(b), failure to appear individual who is required to submit officer at the office that has jurisdiction for an interview in connection with an biometric information to pay for over the location of the investor’s alien spouse or investor petition, when background checks and have their commercial enterprise in the United requested by USCIS, will result in biometric information collected, stored, States, the investor’s residence in the automatic termination of the alien’s and used for certain immigration and United States, or the location of the permanent resident status. DHS naturalization benefits (other than adjudication of the petition, at the proposes that the petitioners may, asylum or refugee status). 8 CFR agency’s discretion. before the interview, request, for good 103.7(b)(1)(i)(C). Effective October 2, DHS proposes to modify 8 CFR 216.6 cause, (such as, for lack of proper notice 2020, DHS is incorporating the fee for biometric services into the underlying in this rule, because DHS is seeking to of the interview) that the interview be immigration benefit request fees for reduce redundancy and make its rescheduled or withdraw the petition. which biometric services are applicable interview and waiver procedures more Proposed 8 CFR 103.2(b)(9)(v). to simplify the fee structure, reduce uniform and consistent across However, the provisions at proposed 8 rejections of benefit requests for failure adjudications, as permitted by law. DHS CFR 216.4(b) and 216.6(b) would still to include the biometric services fee, proposes to remove current 8 CFR permit petitioners to request and better reflect how USCIS uses 216.6(b)(1) because it is redundant with rescheduling or waiver of the interview, biometric information. 85 FR 46788 INA section 216A(d)(3), which allows for good cause, if the petitioners failed (Aug. 3, 2020). The additional fees that DHS to waive the interview requirement to appear. With respect to a showing of exceptional circumstances for good DHS estimates will be collected as a in its discretion in such cases as may be result of this proposed rule will not appropriate, and it is not necessary to cause in the asylum context, USCIS proposes to maintain the status quo. The materialize if that rule takes effect codify the reason such a waiver may be before this rule does. appropriate in regulations. In addition, exceptional circumstances standard is proposed 8 CFR 103.2(b)(9)(ii) provides vital to the asylum context as it is a part G. Evidence of Age and Birth Parentage that an interview may be waived by of the existing regulations, an important for an Adopted Child DHS (for an entire population or on a tool to referring missed interview cases DHS proposes to require a copy of a case-by-case basis) solely at its to an immigration judge without prospective adopted child beneficiary’s discretion. As the decision whether to adjudication, and is also applied when birth certificate to establish the child’s waive the mandatory interview is purely an applicant misses a hearing before the identity and age, and the identities of discretionary, and the regulation simply immigration judge and is ordered the child’s birth parents. Proposed 8 reiterates this discretion, the regulation removed in absentia—an order which CFR 204.2(d)(2)(vii). INA section serves no purpose, especially since can only be re-opened by showing 101(b)(1)(E), 8 U.S.C. 1101(b)(1)(E), can determining whether the eligibility exceptional circumstances. be the basis of the approval of an requirements for removal of conditions F. Proposed Implementation immigrant visa petition filed by a U.S. in 8 CFR 216.6(c)(1) were established is citizen or an alien lawfully admitted for central to the adjudication of the 1. Phased-In Additional Biometrics permanent residence on behalf of an petition itself. Collection adopted child whose adoption meets the Additionally, for both alien spouses DHS does not plan to immediately requirements of INA 101(b)(1)(E). Under and investors, DHS is proposing to expand all biometric programs to INA 101(b)(1)(E), an adopted child is the remove current 8 CFR 216.4(b)(2) and provide that all populations or all new adoptive parent’s child for immigration 216.6(b)(2) regarding interview location modalities would be required as of the purposes, if the adoptive parent adopted because the statute already sets date the new regulations proposed in the child before the child reached the parameters for the location of the this rule take effect. Only those revised age of 16 (or 18 if the sibling exception interview, requiring the interview to be forms that propose to add a particular at INA 101(b)(1)(E)(ii) applies), and the conducted at a location convenient to biometric submission requirement in child has jointly resided with the the parties involved. See INA section conjunction with this rule (as described adoptive parent in a bona fide parent 216(d)(3), 8 U.S.C. 1186a(d)(3); INA in the PRA section of this preamble) child relationship for at least two years, section 216A(d)(3), 8 U.S.C. 1186b(d)(3). will be immediately subject to new and has been under the legal custody of Furthermore, proposed 8 CFR biometric requirements, though this rule the adoptive parent for at least two 103.2(b)(9) will address interview permits DHS to request, require, or years. To show that the adopted child requirements generally, making accept DNA and associated DNA test was under the requisite age, the 216.4(b)(2) unnecessary. DHS is also results for individual benefit requests at petitioner must prove the beneficiary’s proposing to remove current 8 CFR its discretion. As provided in proposed date of birth. To show a bona fide parent 216.6(b)(2) so that interviews may be 8 CFR 103.16, DHS may expand or child relationship, the petitioner must, conducted at the locations listed above contract its biometrics submission or at other locations convenient to the requirements in the future by notice in 59 Form revisions requiring a new biometric the Federal Register or updated form submission will also be subjected to public notice parties, taking into account workload, in accordance with the Paperwork Reduction Act, operational needs and capabilities as instructions. DHS will comply with the 44 U.S.C. 3501–3512, and its implementing they evolve. PRA, 44 U.S.C. 3501 et seq., regulations at 5 CFR 1320.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56364 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

among other things, identify the 1. Summary age of 14 years old annually associated beneficiary’s birth parents and show with NTAs.60 that they no longer reside with the child DHS proposes to expand the The proposed rule would expand the in a parent-child relationship and no collection of biometrics to require any collection of the $85 biometric services longer exert primary parental control individual filing or associated with an fee to include any individual appearing over the child. The best evidence to immigration benefit or request to appear for biometrics collection in connection show age and birth parentage is a birth for biometrics collection, and, if with a benefit request unless the certificate issued by civil authorities. applicable, pay the $85 biometric individual is statutorily exempt from Therefore, DHS proposes to require that services fee unless exempted or waived paying the biometric services fee or if he the petitioner submit a copy of the from appearing and/or paying for such or she has received a fee waiver. DHS estimates that there will be 1.63 million beneficiary’s birth certificate, if biometrics collection. This proposed new biometrics fee payments annually. available, to establish the beneficiary’s rule would also change current regulations by defining the term The annual quantified costs associated identity, age, and the identities of the ‘‘biometrics’’ to clarify and expand DHS’ with submitting new biometrics beneficiary’s birth parents. Proposed 8 regulatory authority to collect submissions could be $158.9 million, CFR 204.2(d)(2)(vii). biometrics information. The proposal to and the costs associated with the new DHS additionally proposes to update expand the collection of biometrics fees could be $138.4 million, for a the regulation to align with INA section would impact certain populations combined total of $297.3 million in 101(b)(1)(E)(ii), 8 U.S.C. without regard to age or U.S. citizenship quantified costs. There could be some 1101(b)(1)(E)(ii), which provides that a status. Additionally, DHS proposes to unquantified impacts related to privacy beneficiary adopted while under age 18 further clarify the purposes for which concerns for risks associated with the (rather than age 16) may qualify as an biometrics are collected, stored, and collection and retention of biometric adopted child under that provision if he utilized. Last, this rule proposes that information, as discussed in DHS’s or she is the birth sibling of a child DHS may require, request, or accept the Privacy Act compliance documentation. described in INA section 101(b)(1)(E)(i) submission of DNA or DNA test results However, this rule would not create new impacts in this regard but would or (F)(i), was adopted by the same to verify a claimed genetic relationship. adoptive parent(s), and otherwise meet expand the population that could have DHS estimates that under the privacy concerns. When costs of the requirements of INA section proposed rule, about 2.17 million new 101(b)(1)(E). While the INA uses the $705,555 are incorporated to include biometrics submissions will be collected fees the FBI would collect for providing term ‘‘natural sibling,’’ DHS generally annually, and the resulting biometrics fingerprint-based and name-based uses the term ‘‘birth siblings’’ submitting population will increase Criminal History Record Information synonymously, which includes half- from 3.90 million currently to 6.07 (CHRI) checks for NTAs, the annual siblings but does not include adoptive million, and, from a generalized costs are about $298 million. siblings. Proposed 8 CFR collection rate across all forms of 46 The proposed rule would expand the 204.2(d)(2)(vii). percent currently to 71.2 percent collection of the $85 biometric services DHS is soliciting public comment on (projected). The increase in biometrics fee to include any individual appearing all aspects of implementation, including submissions would accrue to three for biometrics collection unless the alternative implementation plans population segments: (i) A small subset individual is statutorily exempt from (phased-in or otherwise). of forms in which biometrics collection paying the biometric services fee or if is collected routinely in which the age- they have received a fee waiver. DHS V. Statutory and Regulatory eligible population will expand; (ii) the estimates that there will be 1.63 million Requirements broadening of routine collection to a new biometrics fee payments annually. A. Executive Order 12866 (Regulatory dozen or so forms in which collection The annual costs associated with Planning and Review) and Executive is not currently routine; and (iii) the submitting new biometrics submissions Order 13563 (Improving Regulation and expansion of the age-eligible biometrics could be $158.9 million, and the costs Regulatory Review) population to a collection of forms associated with the new fees could be characterized by very low filing $138.4 million, for a combined total of Executive Orders 12866 and 13563 volumes, unspecified forms, and forms $297.3 million. When costs of $705,555 direct agencies to assess the costs and in which DHS does not intend to are incorporated to include fees the FBI benefits of available regulatory broadly extend collection on a routine would collect for providing fingerprint- alternatives and, if regulation is basis at this time. DHS is also removing based and name-based Criminal History necessary, to select regulatory the age restrictions for biometrics Record Information (CHRI) checks for approaches that maximize net benefits collection in the context of an NTA NTAs, the annual costs are $280 (including potential economic, issuance. However, the issuance of an million. environmental, public health and safety NTA is not an ‘‘application, petition, or In addition, DHS proposes to expand its regulatory authority so that it may effects, distributive impacts, and other request for certain immigration require, request, or accept DNA equity). Executive Order 13563 and naturalization benefits.’’ See 8 CFR evidence to demonstrate the existence of emphasizes the importance of 103.7(b)(1)(i)(C). For this stated reason, a genetic relationship for any benefit quantifying both costs and benefits, of USCIS will not (and does not currently) collect the $85 biometrics services fee request where such a relationship must reducing costs, of harmonizing rules, be established, such as certain family- and of promoting flexibility. This from individuals whose DNA was collected in the course of being issued proposed rule is an economically 60 As noted earlier, DHS is not estimating that this significant regulatory action because it NTAs or for other immigration law rule would result in the issuance of 63,000 exceeds the $100 million threshold, enforcement purposes. Based on FY additional NTAs by its components; rather, 63,000 under section 3(f)(1) of E.O. 12866. 2018 statistics, under the proposed rule NTAs were issued in FY 2018 to minors under the DHS could collect biometrics from as age of 14 who would be subject to biometric Accordingly, the OMB has reviewed this collection (for the purpose of verifying identify) proposed regulation. many as 63,000 individuals under the under the parameters of this proposed rule.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56365

based benefit requests, including but not a genetic relationship in support of likelihood that DHS would be unable to limited to the following: these benefit requests would range from verify an individual’s identity and • Petition for Alien Relative (Form I– $22.4 million to $224.1 million consequently deny the benefit. In 130); annually, in undiscounted terms. addition, the proposal to allow • Refugee/Asylee Relative Petition Depending on the actual future DNA individuals to use DNA testing as (Form I–730); submission rate, the total annual costs evidence to demonstrate the existence of • Application for T Nonimmigrant of the rule could range from $319.6 to a claimed genetic relationship would Status Supplement A (Form I–914A); $521.3 million annually. provide them the opportunity to • Petition for U Nonimmigrant Status Combining the cost of the biometrics demonstrate a genetic relationship using Supplement A (Form I–918A); (which includes the service fees and a quicker, less intrusive, and more • Petition for Qualifying Family NTA fees) with the DNA costs, DHS effective technology than the blood tests Member of a U–1 Nonimmigrant (Form estimated the total monetized costs of currently provided for in the I–929); the proposed rule at three parts of the regulations. See 8 CFR 204.2(d)(2)(vi). • Application for Certificate of DNA submission range to represent a Citizenship (Form N–600); lower bound (10 percent), a midrange The proposed rule would benefit the • Application for Citizenship and (50 percent), and a high range (90 U.S. Government by enabling DHS with Issuance of Certificate Under Section percent). In undiscounted terms, the more fidelity and efficiency in identity 322 (Form N–600K); ten-year (2021–2030) costs could range management in the immigration • And any other form where the from $3,204.1 to $4,996.9 million, with lifecycle and vetting of individuals existence of a genetic relationship is at a midrange of $4,100.5 million. At a 3 seeking certain immigration and issue for a beneficiary, dependent, percent rate of discount, the ten-year naturalization benefits. The expanded derivative, rider, or other qualifying present values could range from use of biometrics stands to provide DHS family member. $2,773.2 million, to $4,262.4 million, with the ability to identify and limit DHS is not proposing with this rule to with a midrange of $3,497.8 million. At fraud because biometrics comprise require DNA submission for such forms a 7 percent rate of discount, the ten- unique physical characteristics that are generally. However, the rule will year present values could range from difficult to falsify and that do not immediately allow DHS to require, $2,250.4 million, to $3,509.6 million, change over time. Biometrics would also request, or accept DNA or DNA test with a midrange of $2,880.0 million. help reduce the administrative burden results, in its discretion, for individual The average annualized costs could involved in identity verification and the benefit requests to verify a claimed range from $320.4 million to $499.7 performance of criminal history checks, genetic relationship, where establishing million, with a midrange of $410 by reducing the need for manual a claimed genetic relationship is million. document review and name-based required. Since the actual volume The proposed rule would provide security checks. The proposed rule cannot be predicted at this time with benefits that DHS has not been able to would also enhance the U.S. accuracy, DHS conducted a sensitivity quantify. Qualitatively, the proposed Government’s capability to identify analysis using a range of 10 to 100 rule would provide individuals criminal activity and protect vulnerable percent to estimate the potential costs requesting certain immigration and groups by extending the collection of for eligible populations associated with naturalization benefits with a more biometrics to populations under certain these family-based benefit requests. The reliable system for verifying their benefit requests. costs to principal filers and identity when submitting a benefit Table 1 provides a more detailed beneficiaries/qualifying family members request. This would limit the potential summary of the proposed provisions who may submit biometrics to establish for identity theft while also reducing the and their impacts.

TABLE 1—SUMMARY OF PROVISIONS AND IMPACTS

Expected benefit of the Proposed change Expected cost of the provision provision

DHS proposes to expand collection of bio- Individuals Submitting Biometrics— ...... Individuals Submitting Biometrics— metrics to require any individual filing or as- Quantitative: Qualitative: sociated with an immigration benefit or re- • Total annual direct costs of the proposed • The proposed rule provides individuals re- quest to appear for biometrics collection with- rule:. questing certain immigration and naturaliza- out regard to age. Æ $158,940,196 for about 2.17 million in- tion benefits with a more reliable system for dividuals to submit biometrics. verifying their identity when submitting a Æ $138,356,283 for about 1.63 million benefit request. This would limit the poten- new $85 biometric services fees. tial for identity theft. It would also reduce the likelihood that DHS would not be able to verify an individual’s identify and there- fore possibly deny a benefit request. Government— Qualitative: • DHS would be able to routinely collect bio- metrics information from children under the age of 14, and therefore, increase the U.S. Government’s capabilities of determining the identity of a child who may be vulner- able to gang affiliation, human trafficking child sex trafficking, forced labor exploi- tation, and alien smuggling.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56366 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

TABLE 1—SUMMARY OF PROVISIONS AND IMPACTS—Continued

Expected benefit of the Proposed change Expected cost of the provision provision

• The proposed rule would provide a benefit to the U.S. Government by enabling DHS to verify with greater certainty the identity of individuals requesting certain immigration and naturalization benefits. The expanded use of biometric information would provide DHS with the ability to limit identity fraud because biometrics are unique physical characteristics and more difficult to falsify. DHS proposes to increase the biometric modal- Government— Government— ities that it uses to collect biometrics informa- Qualitative: Qualitative: tion to include the following: Palm prints, fa- • DHS does not know what the costs of ex- • Use of the new biometric technologies cial and iris image, and voice prints. panding biometrics collection to the govern- would allow DHS to keep up with techno- ment in terms of assets and equipment; it is logical developments in this area and adjust possible that costs could be incurred for the collection practices for both convenience new equipment and information tech- and to ensure the maximum level of service nologies and typologies needed to collect, for all stakeholders. process, store, and utilize biometrics, in- cluding software updates; cameras that are able to collect iris and facial images; de- vices used to record a voice print; and other equipment. • DHS does not know what the costs of ex- panding biometrics collection to the DHS in terms of assets and equipment; it is pos- sible that costs could be incurred for the new equipment and information tech- nologies and typologies needed to collect, process, store, and utilize biometrics, in- cluding software updates; cameras that are able to collect iris and facial images; de- vices used to record a voice print; and other equipment. DHS may require, request, or accept the sub- Individuals Submitting DNA Evidence— ...... Individuals Submitting DNA Evidence— mission of DNA or DNA test results to verify Quantitative: Quantitative: the existence of a claimed genetic relation- • Potential annual costs for principal filers • DNA testing would give individuals the op- ship. and beneficiaries/qualifying family members portunity to demonstrate a genetic relation- to submit DNA evidence range from $22.4 ship using a quicker, less intrusive, and million to $224.1 million depending on how more effective technology. many individuals submit DNA evidence in support of a family-based benefit request. Government— Qualitative: • USCIS currently reimburses the Department of State for the collection of DNA in coun- tries where it does not have a presence. DHS does not currently know how many in- dividuals would submit DNA under the pro- posed rule but there is the potential for ad- ditional costs if the Department of State fa- cilitates additional DNA testing. DHS is proposing to remove the age restric- Individuals Submitting Biometrics— ...... Individuals Submitting Biometrics tions for biometrics collection in the context Quantitative: Government— of Notice to Appear (NTA) issuance for the None; there would be no opportunity or travel Qualitative: same reasons (i.e., identity verification, crimi- related costs associated with NTA collection The collection of biometrics on children under nal history background checks, etc.). to individuals. the age of 14 associated with NTAs would significantly assist DHS in its mission to combat human trafficking, child sex traf- ficking, forced labor exploitation, and alien smuggling. Government— Quantitative: There could costs of $705,555 annually ac- cruing to fees the FBI would collect for pro- viding fingerprint-based and name-based Criminal History Record Information (CHRI) checks.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56367

In addition to the impacts (OMB) Circular A–4, Table 2 presents showing the costs associated with this summarized above and as required by the prepared accounting statement proposed regulation.61 Office of Management and Budget

TABLE 2—OMB A–4 ACCOUNTING STATEMENT [$ millions, 2019]

Primary Minimum Maximum Source citation Category estimate estimate estimate (RIA, preamble, etc.)

Benefits

Monetized Benefits ...... Not estimated Not estimated Not estimated Preamble. Annualized quantified, but un-monetized, ben- 0 ...... 0 ...... 0 ...... Preamble. efits.

Unquantified Benefits ...... The proposed rule would limit identity fraud Preamble and RIA. and improve USCIS identity management sys- tems. Additionally, the proposed rule would enhance the U.S. Government’s capability to identify criminal activities and protect vulner- able populations. The removal of age restric- tions and the proposal to collect on all NTAs under the age of 14 would assist DHS in its mission to combat human trafficking, child sex trafficking, forced labor exploitation, and alien smuggling.

Costs

Annualized monetized costs for 10 year period (3%) $410 .... $320.4 ...... $499.7 ...... RIA. starting in 2021 to 2030 (discount rate in pa- (7%) $410 .... $320.4 ...... $499.7 ...... RIA. renthesis).

Annualized quantified, but un-monetized, costs There could be costs germane to the procure- Preamble and RIA. ment of equipment, information technology and typology, and systems possibly needed to support the increased biometrics modalities. There could also be a cost to transferring in- formation regarding biometrics for the NTAs issued to individuals under age 14.

Qualitative (unquantified) costs ...... N/A.

TRANSFERS

Annualized monetized transfers: ‘‘on budget’’ .. N/A ...... N/A ...... N/A ...... Preamble. From whom to whom? ...... N/A ...... N/A ...... N/A ...... Preamble. Annualized monetized transfers: ‘‘Off-budget’’ N/A ...... N/A ...... N/A ...... Preamble. From whom to whom? ...... N/A ...... N/A ...... N/A ...... Preamble. Source citation Miscellaneous analyses/category Effects (RIA, preamble, etc.)

Effects on state, local, and/or tribal govern- None ...... Preamble. ments. Effects on small businesses ...... There could be small entity impacts to EB–5 Preamble. regional centers incurred by biometrics collection germane to the regional center principals. DHS believes these would be indirect but does not know how they could impact the regional center. There are cur- rently 884 approved regional centers and DHS analysis based on limited available suggests that most regional centers could be small entities in terms of the RFA. Effects on wages ...... None ...... Preamble. Effects on growth ...... None ...... Preamble.

61 OMB Circular A–4 is available at https:// DNA submission rate (100 percent) and the lowest some collection (a positive rate) but not complete www.whitehouse.gov/sites/whitehouse.gov/files/ (0 percent). It also corresponds to the 50 percent (100 percent) collection. omb/circulars/A4/a-4.pdf. The primary estimate midrange along the spectrum 10–90 percent that we reported here reflects the average of the highest utilize on grounds that realistically, there will be

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56368 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

DHS emphasizes that the costs could certain immigration and naturalization identities involve intensive manual vary from the figures reported herein. benefits or actions. processes. Finally, some biographical As detailed in the analysis, in order to The USCIS biometrics process begins information is not inherently unique by estimate the population of future with the collection of an individual’s definition, as there are numerous biometrics submissions, it was biometric information at an authorized individuals around the world share necessary to extrapolate certain metrics location, including USCIS offices, ASCs, names and dates of birth. and conditions to the non-existent (in military installations, and U.S. consular Some individuals who are not context) future populations. Although offices abroad. Currently, the types of currently required to submit biometrics DHS believes the methodology biometrics information that USCIS information may pose a risk to employed is appropriate, because the collects generally consist of a vulnerable populations. For example, future actual generalized and form- photograph, fingerprints, and signature. U.S. citizen and lawful permanent specific collection rate of biometrics are For certain refugee or asylum family- resident petitioners are not currently unknown, the actual populations and based petitions, USCIS also suggests the required to routinely submit biometrics costs could vary. In addition, the costs submission of DNA test results obtained information in support of family-based rely on a lower-end average wage to from approved laboratories, as either immigrant and nonimmigrant fiance´(e) account for opportunity costs associated primary or secondary evidence to assist petitions, except for orphan and Hague with biometrics submissions. If, on in establishing the existence of claimed Adoption Convention-related average, the wage is higher than that genetic relationships. applications and petitions. Accordingly, relied upon, the costs could vary as Although DHS has broad authority to DHS has limited capabilities to well. This regulatory impact analysis is collect biometrics from populations determine if a petitioner has been the best available estimate of the future associated with immigration benefit convicted of criminal conduct benefits and costs. Actual results will requests, collection is only mandatory associated with the AWA and the depend on a number of factors, and routine for certain age groups and IMBRA.67 Moreover, DHS does not including policy, programmatic, forms.64 As a result, there are routinely collect biometric information operational and practical considerations substantial populations associated with from children under the age of 14, and in the implementation of the collection immigration benefit requests that do not therefore, has limited capabilities to of biometrics requirements under this routinely submit biometrics. In Fiscal determine the identity of a child who rule. Year (FY) 2017, for example, about 3.93 may be vulnerable to human trafficking, In summary, the proposed rule would million people submitted biometrics child sex trafficking, forced labor enable USCIS to conduct the across 8.53 million immigration exploitation, alien smuggling, or other administration and adjudication of applications, petitions, and requests, exploitative transgressions. For immigration benefit requests with yielding a generalized biometrics example, a vulnerable child with similar increased fidelity, and is conducive to collection rate of 46 percent for that characteristics to a child who has lawful the evolution to a person-centric model year.65 immigration status may be moved across for organizing and managing its records, For individuals who currently do not U.S. state and international borders enhanced and continuous vetting, and provide biometric information in under the assumed identity of that other reduced dependence on paper support of an immigration benefit child. Collecting biometrics from documents, as is described more fully in request, USCIS mainly relies on individuals who do not currently the preamble. biographical information for identity submit such information would provide management in the immigration DHS with further data, information, and 2. Background and Purpose of the lifecycle. Such biographical information tools to more effectively protect such Proposed Rule is provided as part of the benefit request vulnerable populations. 66 Current statutes and regulations package. However, biographical The proposed rule would change provide USCIS the authority to collect information provided by individuals is current regulations and the overall DHS biometrics information with generally not constant, consistent, or biometrics protocol in several ways. immigration and naturalization benefit inherently unique. For example, First, DHS proposes to define the term ‘‘biometrics’’ to clarify and expand its requests.62 USCIS has the authority to biographical information can include an regulatory authority to collect collect biometrics and the associated individual’s height, weight, or other biometrics information. Second, DHS biometric services fee from an applicant, physical characteristics that are very proposes to expand the collection of petitioner, sponsor, beneficiary, likely to change over time and can be biometrics information to require any requestor, or individual filing an similar to the physical characteristics of individual filing or associated with immigration request on a case-by-case others. Additionally, biographical immigration benefits or requests to basis, through form instructions, or information utilized for identity appear for biometrics collection without through a Federal Register notice.63 management in the immigration regard to age or U.S. citizenship status. Based on the relevant statutory and lifecycle imposes an administrative The expansion of biometrics would regulatory authorities, USCIS collects, burden for USCIS adjudicators, as the concurrently expand the collection of stores, and utilizes biometrics to document management and review the $85 biometric services fee.68 conduct background checks to associated with maintaining Third, determine eligibility for an immigration immigration files and verifying DHS proposes to further clarify the benefit or other request; and, for purposes for which biometrics are 64 document production associated with USCIS routinely collects biometric information and the $85 biometric services fee from individuals 67 USCIS currently uses name-based checks to between the ages of 14 and 79. determine if a petitioner has been convicted of a 62 See generally INA section 103(a), 8 U.S.C. 1103, 65 Multiple people may be associated with one criminal activity. INA section 235(d)(3), 8 U.S.C. 1225(d)(3), and INA filing or one person may submit multiple, 68 This proposal would not include any section 287(b), 8 U.S.C. 1357(b). For a list of simultaneous or sequential requests. individual that receives a fee waiver or any specific authorities, refer to the preamble, Section 66 Biographic information provided by individual who is statutorily exempt from paying III. Background. A. Legal Authority and Guidance individuals can include birth certificates and the $85 biometric services fee. The proposal would for USCIS Collection and Use of Biometrics. marriage licenses, among other physical types of also remove any existing age requirements for 63 See 8 CFR 103.2(b)(9). information. submitting the $85 biometric services fee.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56369

collected, stored, and utilized. Fourth, would also increase the fee-paying for this because the time increase for DHS proposes to increase the biometric population. Because the new this group is expected to be small. modalities that it is authorized to collect populations do not exist yet in In the second phase (Phase II), DHS to include the following: Palm prints, context—including those involving the presents the underlying logic and facial and iris image, voice prints, and expanded baseline—DHS must develop formulas that are used to estimate the DNA. Fifth, this rule proposes that DHS logically and mathematically sound additional populations, not yet existent may require, request or accept the procedures in order to carry out the in context, that could be impacted by submission of DNA or DNA test results, calculations needed to estimate these the proposed rule. These resultant which include a partial DNA profile, to populations who are newly subject to formulas will be applied to the verify the existence of a claimed genetic biometric collection and fees. Such populations that would be impacted by relationship. estimation requires extrapolations, and the proposed elimination of the age The proposed rule would provide the while the methodology employed is restrictions, the broadening of collection U.S. Government with tools to verify sound, it is possible that the past will across forms, the biometrics service fee, with greater certainty the identity of not mimic the future, as it relates to a proposal to require, request, or accept individuals requesting immigration and specific form, grouping of forms, or DNA evidence to verify a claimed naturalization benefits. The expanded biometrics collection in general. genetic relationship. In the third phase use of biometrics technologies and For the five-year span from FY 2013 (Phase III), DHS develops the additional information provides DHS with the to FY 2017, an average of 3.61 million populations that could be impacted as a ability to strengthen national security individuals who filed for an result of the proposed elimination of the and limit identity fraud because immigration benefit or request were age restrictions for collecting biometrics biometrics are unique characteristics required to submit biometrics. In this and the broadening of biometrics and more difficult to falsify than analysis, DHS assumes that this collection. Four such formulas are biographic information alone. In population would continue to submit requisite. addition, the use of biometrics biometrics, although the modalities The fourth phase (Phase IV) focuses information for identity verification would expand, as has been noted above on the biometric fee payments. The final would be more efficient and reduce the and explained in more detail in the phase estimates the populations that administrative burdens associated with preamble. First, DHS would collect would be impacted by the proposed verifying identities and performing biometrics from certain populations provision to require, request, or accept criminal history checks. The proposed from which DHS already has the DNA evidence to verify a claimed rule would also enhance the U.S. authority to collect biometrics without a genetic relationship. Government’s capability to identify change in the regulations, but does not a. Phase I Baseline Data—Populations criminal activities and protect currently do so routinely. The Who Currently Submit Biometrics and vulnerable populations. Further, it is biometrics-submitting population would DNA Evidence conducive and relevant to the evolution be broadened across form types as a to a person-centric model for organizing result. Second, the elimination of the In Phase I of this analysis, DHS and managing of immigration records, current age restrictions for submitting develops the baseline, as the set of enhanced and continuous vetting, and biometrics so that individuals of any age biometrics submitted in the past. It is reduced dependence on paper might be requested to submit biometrics the population who would continue to documents. information under the proposed rule submit biometrics in the absence of the would expand the biometrics proposed rule, including all eligible 3. Population submissions within the form types applicants, petitioners, sponsors, The ensuing analysis presents an already embedded in the existing beneficiaries, requestors, or individuals extensive array of data points, population (and will apply to the new who currently submit biometrics calculations, and technical details. populations appropriate to the information at an ASC in support of an Estimating the populations that would expanded form types). Finally, DHS immigration or naturalization benefit be impacted requires multiple would require, request, or accept DNA request. Because specific USCIS forms interlinked steps across overlapping evidence from certain populations to are used to request immigration population segments. To assist establish or verify a claimed genetic benefits, and biometrics are submitted readability, some key points applicable relationship. under certain USCIS form types, DHS to the biometrics-specific (i.e., non- DHS estimates the different uses the form type to group data and DNA) proposal are presented upfront. populations that would be impacted by then formulate its baseline population DHS identified the baseline population this proposed rule through five estimates. as the annual average volume of analytical phases. The first phase (Phase To derive the baseline population, biometrics submissions, which has been I) involves identifying the number of DHS has delineated Phase I into five heavily concentrated within in a small individuals who would continue to steps. The first step provides a subset of specific USCIS forms. It is submit biometrics in the absence of this description of the data sources and necessary to identify this baseline proposed rule. This group is referred to technical approach for deriving the because technically it will be impacted throughout this analysis as ‘‘baseline’’ baseline population. Second, DHS by the rule, even though DHS does not (interchangeable with ‘‘past,’’ ‘‘current,’’ presents the number of biometric expect it to incur additional monetized or ‘‘existing’’) population and is derived submissions by form. The third step costs. The new populations that the rule by using historical biometric quantifies the filing volume for will impact accrue to the ‘‘expansion’’ submissions data. This group would Application to Extend/Change of the baseline in terms of the heavy- likely face a very minor additional time Nonimmigrant Status (Form I–539) concentration forms due to the removal burden to submit biometrics including the total number of of age restrictions, as well as a information, including palm prints, applicants, co-applicants, and derivative broadening of biometrics collection to facial and iris image, or voice prints as family members, pursuant to the forms in which biometrics have not a result of this proposed rule due to the following. As of March 22, 2019, DHS been routinely collected. The expansion increased modalities, but DHS did not started to routinely collect biometrics of the population subject to biometrics estimate any additional monetized costs information from all Form I–539

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56370 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

applicants, co-applicants, and derivative benefit request. For certain forms, as appointments in support of a single family members.69 Therefore, DHS well as for certain biometric form, meaning one immigration benefit includes the Form I–539 population in appointments, an individual may request would yield multiple biometrics the baseline. Fourth, DHS quantifies the submit biometrics in support of each appointments and collections (i.e., Form baseline biometrics fee-paying volume. individual immigration benefit request. I–539 requiring biometrics for primary Fifth, DHS identifies the number of Under these circumstances, there is a applicant and any derivatives/family current DNA tests that are used to one-to-one match between the members, Application for Advance demonstrate a claimed genetic biometrics information submitted and Processing of an Orphan Petition (Form relationship in support of a family- the benefit request. However, there are I–600A) requiring biometrics for all based benefit request. instances where it is possible for an adult household members, etc.). In the individual to have a single biometrics baseline population, a single physical (i) Step 1: Data Description and appointment in support of multiple biometric transaction is accounted for Technical Approach forms, meaning the individual would under one primary form type to avoid Based on current practice, when an only submit biometric information once, double-counting. individual appears at a USCIS facility and not separately, for each individual (ii) Step 2: Baseline Biometric for a biometrics appointment, their immigration benefit request. Although Submissions by Form photograph, signature, and right index this scenario represents a one-to- fingerprint is digitally collected and multiple match between the biometric Data captured in CPMS reveals that stored in the Customer Profile information submitted and the for the five-year span of FY 2013 to FY Management System (CPMS) database, immigration benefits requested, the 2017, an average of 3.61 million which is the USCIS data repository for physical act of submitting biometric individuals submitted biometrics biometrics information. For eligible information can be tracked under a information annually to USCIS in populations between the ages of 14 and primary form type in the CPMS support of immigration and 79, ten fingerprints are also collected database. A form may be logged as the naturalization benefit requests (Table and stored in CPMS. For this baseline primary form based upon the type of 5).70 In FY 2017, a total of 3.93 million analysis, the biometrics collection biometric data being submitted, the type individuals submitted biometrics volume data originates from the CPMS of benefit being requested, or the order information compared to 3.19 million in database. with which an individual’s paperwork FY 2013. The largest volume over the The baseline population consists of is received. Conversely, there are also period occurred in FY 2015, when over individuals who submit biometric instances where it is possible for 4.20 million individuals submitted information under one immigration multiple individuals to have biometrics biometrics information to USCIS.

TABLE 5—BIOMETRIC SUBMISSIONS BY FORM GROUPING [FY 2013–FY 2017]

5-year 5-year Form FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 average percent of total

‘‘Prev-9’’: N–400 ...... 778,172 779,221 772,648 961,092 1,013,252 860,877 23.78 I–90 ...... 554,918 790,069 780,050 743,589 770,552 727,836 20.11 I–765 ...... 421,011 391,650 800,711 489,553 588,008 538,187 14.87 I–485 ...... 459,298 506,991 494,664 500,369 547,755 501,815 13.86 I–589 ...... 95,938 116,668 173,248 230,900 304,308 184,212 5.09 I–821D ...... 350,339 102,192 242,101 125,489 224,899 209,004 5.77 I–131 ...... 89,146 87,012 87,755 88,977 86,299 87,838 2.43 I–751 ...... 185,587 172,478 93,359 71,823 83,417 121,333 3.35 I–601A ...... 16,381 37,293 48,978 52,654 67,494 44,560 1.23

Prev-9 ...... 2,950,790 2,983,574 3,493,514 3,264,446 3,685,984 3,275,662 90.49 Phase III...... 1,310 944 949 1,307 874 1,077 0.03 Other ...... 240,295 197,593 708,628 327,032 241,730 343,055 9.48

Total ...... 3,192,395 3,182,111 4,203,091 3,592,785 3,928,588 3,619,794 100

Over this 5-year period, 90.49 b. Application to Replace Permanent e. Application for Asylum and for percent 71 of biometric submissions Resident Card (Form I–90); Withholding of Removal (Form I–589); were associated with the following nine c. Application for Employment f. Consideration of Deferred Action for forms: Authorization (Form I–765); Childhood Arrivals (Form I–821D); a. Application for Naturalization d. Application to Register Permanent g. Application for Travel Document (Form N–400); Residence or Adjust Status (Form I– (Form I–131); 485);

69 See USCIS, Update: USCIS to Publish Revised represents the aggregated collection of biometrics essentially a binary action—either it was collected Form I–539 and New Form I–539A on March 8, by primary form type. We note that not all or it was not without passing out individual https://www.uscis.gov/news/alerts/update-uscis- biometric modalities were covered in every data modalities. publish-revised-form-i-539-and-new-form-i-539a- point we count as a biometric submission. The 71 Calculation: 3,275,662 average biometric march-8 (last reviewed/updated March 5, 2019). figures in the baseline represent at least one type submissions by 9 form-types/3,619,794 total 70 Biometric data can be processed and stored on of biometric collected with an associated benefit other USCIS systems, but CPMS is the database that request. In this sense, we treat ‘‘biometric’’ as biometric submissions = 90.49 percent (rounded).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56371

h. Petition to Remove the Conditions category includes forms where DHS (iii) Step 3: Filing Volume for Form I– of Residence (Form I–751); and does not routinely collect biometrics 539 i. Application for Provisional information but does so on a case-by- DHS calculates the filing volumes for Unlawful Presence Waiver (Form I– case basis. However, in Form I–539 to account for populations 601A). contradistinction to the Phase III Forms, Because this set of forms is central to who began to routinely submit DHS does not plan currently to broadly biometrics information in the second the ensuing analysis, we designate their increase biometrics collection for prevalence under the term ‘‘Prev-9.’’ quarter of 2019. USCIS made revisions The remaining forms not broken out eligible populations under these to Form I–539, informing the public of 74 by specific type in Table 5 have been forms. The second category includes DHS’s intention to collect biometrics separated into two groups. The first forms where DHS does routinely collect information from all eligible group is referred to in this analysis as biometrics; the overall volume of nonimmigrant principal applicants, co- Phase III Forms and represents the set biometric data makes up less than 10 applicants, and derivative family under which DHS does not routinely percent of biometric submissions. For members. Because DHS started to collect biometrics information, but these forms, DHS will rely on collect biometrics information from the instead collect biometric information on characteristics from Prev-9 to estimate Form I–539 population before the a case-by-case basis.72 Under the the additional populations who would publication of this proposed rule, DHS proposed rule, DHS would broaden submit biometrics specifically as a includes this population in its baseline. routine collection of biometrics to these result of the proposed removal of the From FY 2013 to FY 2017, USCIS existing forms (the new populations age restrictions for submitting received an average of 280,767 Form I– apropos to this group are developed in biometrics. The third category includes 539 applications annually consisting of Phase III of this analysis, which is why forms for which there is no specific 199,696 primary applicants and 81,017 we label them as such, although they are form designation within the CPMS co-applicants and derivative family members (Table 6). Because all Form I– not the only set discussed in that database.75 From FY 2013 to FY 2017, 539 applicants, co-applicants, and their phase). From FY 2013 to FY 2017, the the Other group represented just under derivative family members are now Phase III Forms accounted for a very a tenth, 9.48 percent, of biometric small 0.03 percent of total biometric required to submit biometric data, DHS submissions.76 submissions.73 relies on the historic filing volumes for The second group is referred to as the baseline number of individuals who ‘‘Other’’ and includes three sub- submit biometric information in support categories of forms. The first sub- of a Form I–539 benefit request.77

TABLE 6—FORM I–539 VOLUMES BY APPLICANTS, CO-APPLICANTS AND DERIVATIVES [FY 2013–FY 2017]

Sub-population FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 5-year avg.

Primary Applicant...... 149,581 158,513 181,080 216,302 293,004 199,696 Applicants, Co-applicants and Derivative Family Members...... 56,643 63,552 73,976 88,236 122,947 81,071

Total ...... 206,224 222,065 255,056 304,538 415,951 280,767

To estimate the number of individuals 343,055 under the Other form types; TABLE 7—CURRENT BIOMETRIC who currently submit biometric data, and, 280,767 under the Form I–539 SUBMISSIONS BY CATEGORIES DHS uses the five-year average population. The relevant figures are [Baseline, 5-year average] population of biometric submissions for condensed in Table 7, and DHS utilizes each form type, which includes the these baseline in support of remaining Form category 5-year Prev-9, Phase III Forms, the Other sections of the analysis. average categories from Table 5 and the Form I– 539 population (Table 6). In total, DHS Prev-9 Forms ...... 3,275,662 uses a baseline population of 3,900,561 Phase V Form Types ...... 1,077 average biometric submissions per year, Other Forms ...... 343,055 which is comprised of the 3,275,662 Subtotal ...... 3,619,794 biometric submissions under Prev-9; + Form I–539 ...... 280,767 1,077 under the Phase V form types;

72 DHS may request biometrics on a case-by-case volumes as well. For some forms in the Other 77 DHS expects less than 100 percent of Form I– basis when the adjudicating officer would like to category, DHS is removing the requirement to 539 applicants, co-applicants, and derivative family establish an identity prior to adjudicating a benefit. submit biometrics information in support of a members to submit biometrics due to the existence This could occur when there are any potential benefit request. DHS is removing the biometrics of exemptions and waivers. However, DHS is not identify or fraud issues. DHS may also request requirement because these individuals need to able to identify Form I–539 filers that file biometrics information in compliance with the concurrently file with other forms where biometrics AWA or IMBRA. information is currently required. concurrently with other forms from current existing 73 Calculation: 1,077 average biometric 75 This may happen when biometrics information data sources. Therefore, DHS assumes that 100 submissions by Phase V forms/3,619,794 average has not been assigned to a primary form in the percent of Form I–539 applicants, co-applicants, biometric submissions = 0.03 percent (rounded). CPMS database. and derivative family members will submit 74 For some of the forms in the Other category, 76 Calculation: 343,055 average biometric biometrics for the purposes of this analysis. biometrics submissions were actually zero. submissions by Other forms/3,619,794 average However, many of these had very small filing biometric submissions = 9.48 percent.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56372 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

TABLE 7—CURRENT BIOMETRIC SUB- reviewed by considering whether the • Petition for Alien Relative (Form I– MISSIONS BY CATEGORIES—Contin- applicant is receiving a means-tested 130); ued benefit, whether the applicant’s • Refugee/Asylee Relative Petition household income level renders him or [Baseline, 5-year average] (Form I–730); her unable to pay, or whether recent • Application of T Nonimmigrant financial hardship renders an inability Status (Form I–914A); Form category 5-year average to pay. With regard to the biometric • Petition for U Nonimmigrant Status services fee, USCIS waives the $85 fee (Form I–918A); Baseline (Total) ...... 3,900,561 based on the inability to pay if the • Petition for Qualifying Family underlying benefit application is Member of a U–1 Nonimmigrant (Form (iv) Step 4: Baseline Biometrics Fee- granted a fee waiver. For instance, if an I–929); Paying Volume applicant receives a fee waiver for a • Application for Certificate of The proposed expansion of biometrics particular form filing fee, he or she will Citizenship (Form N–600); generally also receive a waiver for the collection would increase the volume of • Application for Citizenship and biometrics fee. Under this proposed service fees. DHS currently collects the Issuance of Certificate Under Section rule, DHS assumes that the same $85 biometric services fee payments 322 (Form N–600K); and from all individuals submitting portions of the biometrics fee-paying • population would continue to receive Any other form where the existence biometrics associated with a benefit of a claimed genetic relationship is at request unless there are specific age fee waivers for biometric services fees. In other words, the rule does not alter issue for a beneficiary, derivative, rider, restrictions for submitting the $85 or qualifying family member.83 biometric services fee associated with or impact the fee waiver protocol currently in place. These family-based applications and each benefit request or there is an petitions have been included in the approved fee waiver.78 However, several For the three-year span of FY 2015 to FY 2017, an average of 2,771,279 proposed rule because DNA testing is a factors warrant consideration before technology that can be used to verify a assessing the populations that currently biometric services fee payments were received by USCIS (Table 8).81 DHS uses claimed genetic relationship where one submit the $85 biometric services is required for these benefit requests. collection fee. Foremost, anyone who the average baseline value of 2,771,279 individual payments and the baseline Additionally, DNA testing, by verifying submitted a biometrics fee by definition or not verifying genetic relationships, also submitted biometrics—but the volume of biometric submissions to derive population estimates for the would help DHS to identify criminal converse does not hold. As such, the activity (i.e., immigration fraud, visa volume of biometric submissions by number of individuals who would pay the $85 biometric services fee as a result fraud, etc.) and protect vulnerable primary form does not reflect the populations associated with human volume of $85 biometrics service fee of the proposed provision to eliminate the age restrictions for submitting trafficking, child sex trafficking, forced payments. This discrepancy is primarily labor exploitation, and alien smuggling. due to the existence of fee exemptions biometrics and paying the biometric services fee. Certain immigration benefit and fee waivers for immigration benefit requestors are currently able to establish requests. DHS grants fee exemptions the existence of a genetic relationship that are required by statute.79 Under this TABLE 8—BIOMETRIC FEE VOLUMES, ALL FORMS with family who wish to immigrate to proposed rule, the appropriate portions the United States. The petitioner may [FY 2015–FY 2017] of the biometrics fee-paying population submit, on a voluntary basis, DNA test will continue to receive fee exemptions results as evidence to establish for biometric services. The current (and Fee-paying Fiscal year volume authenticity of the claimed genetic future) biometrics fee population is by relationship. definition smaller than the biometrics FY 2015 ...... 2,765,927 DNA test results are only accepted by population. FY 2016 ...... 2,746,261 USCIS from laboratories accredited by In addition, individuals may apply for FY 2017 ...... 2,801,648 and be granted a fee waiver for certain the AABB. However, testing occurs immigration benefits and services.80 In Average ...... 2,771,279 between the petitioner and his or her general, fee-waiver requests are claimed biological relative, the latter of (v) Step 5: DNA Testing Volume whom may be located domestically or abroad. In general, the petitioner 78 Certain benefit requests, such as Form I–765 The proposed rule would provide and Form I–131, have specific age requirements for submits his or her DNA evidence at a paying the $85 biometric services fee. DHS USCIS with the authority to require, U.S.-accredited AABB lab, while the proposes to remove these age requirements. request, or accept DNA evidence to beneficiary/qualifying family member 79 See INA section 245(l)(7), 8 U.S.C. 1255(l)(7). verify a claimed genetic relationship. submits his or her DNA evidence at an DHS is required by law to permit certain applicants The proposed rule would allow relevant to request a fee waivers including Violence Against Women Act (VAWA) self-petitioners, INA section filers to use DNA evidence to establish members, such as adopted children, who do not 245(l)(7), 8 U.S.C. 1255(l)(7), T Visas—Victims of a claimed genetic relationship where have a genetic relationship to the individual who Severe Form of Trafficking, INA section relevant for certain immigration benefit files an immigration benefit request on their behalf. 101(a)(15)(T), 8 U.S.C. 1101(a)(15)(T), U Visas— requests, including but not limited to To the extent the rule discusses using DNA Victims of Criminal Activity, INA section 82 evidence to establish qualifying relationships in 101(a)(15)(U), 8 U.S.C. 1101(a)(15)(U), Battered the following: support of certain immigration benefit requests, it spouses of A, G, E–3, or H nonimmigrants, INA is referring only to genetic relationships that can be section 106, 8 U.S.C. 1105a, Battered spouses or 81 As a result of possible inaccuracies regarding demonstrated through DNA testing. children of a lawful permanent resident or U.S. the volume of biometric service fee payments in FY 83 This includes requiring, requesting, or citizen, INA section 240A(b)(2), 8 U.S.C. 2013 and FY 2014, the fee-paying volume for accepting DNA testing to establish a genetic 1229b(b)(2), and Temporary Protected Status—as in biometrics services is only reported from FY 2015 relationship with a birth parent in the context of a effect on March 31, 1997, INA section 244(a)(3), 8 to FY 2017. The source of the data is USCIS, Office petition to classify a beneficiary as an orphan under U.S.C. 1254a(a)(3). of the Chief Financial Officer (OCFO). INA section 101(b)(1)(F) or as a Convention adoptee 80 See 8 CFR 103.7(c) and https://www.uscis.gov/ 82 As was mentioned earlier in the preamble, DHS under INA section 101(b)(1)(G), 8 U.S.C. i-912. recognizes that there are qualifying family 1101(b)(1)(F) or (G), respectively.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56373

overseas facility.84 For DNA evidence The data used to make the following were collected by USCIS and 15,805 submitted at an international U.S. calculations come from the RAIO DNA tests that were collected by DOS.86 Government facility, DHS historically Directorate. Table 9 summarizes the During this period, an annual average of facilitated the collection through USCIS total number of DNA tests that were 11,383 DNA tests were submitted to Refugee, Asylum, and International submitted to USCIS and DOS in support USCIS, including an average of 6,115 Operations (RAIO) Directorate’s of immigration benefit requests for DNA tests collected by USCIS and 5,268 international offices, and it has a Forms I–130, I–730, and the Haitian DNA tests collected by DOS. DHS uses memorandum of understanding with Family Reunification Parole Program.85 these annual average volumes to DOS to facilitate the collection in From FY 2015 to FY 2017, a total of account for the current collection of countries where USCIS does not have a 34,150 DNA tests were submitted to DNA evidence in support of an presence. USCIS including 18,345 DNA tests that immigration benefit request.

TABLE 9—DNA TEST SUBMISSIONS AT INTERNATIONAL FACILITIES FOR FORM I–130, FORM I–730, THE HAITIAN FAMILY REUNIFICATION PAROLE PROGRAM, THE CUBAN FAMILY REUNIFICATION PAROLE PROGRAM, AND THE FILIPINO WWII VETERANS PAROLE PROGRAM [FY 2015–FY 2017]

Number of Number of Fiscal year DNA collections DNA collections Total (USCIS) (DOS)

2015 ...... 7,769 5,748 13,517 2016 ...... 6,735 5,961 12,696 2017 ...... 3,841 4,096 7,937

Total ...... 18,345 15,805 34,150

Average ...... 6,115 5,268 11,383

b. Phase II—Formulas for Estimating and the purpose of this current Phase II elimination of the age restrictions for Additional Biometrics Populations is to motivate their underlying logic and submitting biometrics. setup. • Dependents Multiplier (DM): A New populations would be created by • Biometrics Collection Rate (BCR): A measurement of the number of principal the rule, in context, via the general measurement of the proportion of applicants or petitioners relative to the proposals to broaden collection across biometric submissions out of the total number of claimed genetic an expanded set of forms and remove age-eligible population within a form relationships. age restrictions, and the proposal to type. allow more DNA submissions. Since the (i) Biometrics Collection Rate • populations are not yet existent in Biometrics Fee Ratio (BFR): A DHS develops a BCR, a formula context, DHS must develop appropriate measurement of the proportion of estimating the proportion of biometric tools to extrapolate certain conditions biometric services fee payments out of submissions out of the total current age- forward. Here, formulas to estimate the the total age-eligible biometrics fee- eligible population within a form type. additional populations (and sub- paying population. In this analysis, the BCR will be applied populations relevant to specific cost • Biometrics Age Multiplier (BAM): A to certain populations to estimate the factors) that would be impacted by the measurement of the extra number of additional population that would proposed rule are developed. biometric submissions for the Other submit biometrics. The BCR formula is Specifically, four formulas are required, form type category due to the proposed provided below (Formula 1):

84 DNA tests can be submitted in the United (RAIO), DHS expects that most DNA submissions at DNA evidence to establish a biological relationship. States at an accredited AABB lab if the principal overseas facilities are from eligible biological family Additionally, DHS is unable to identify separately and biological family members are all in the members and most principal applicants or the specific number of DNA tests associated with country. Alternatively, DNA tests can be submitted petitioners submitting DNA would submit their each form, the Haitian Family Reunification Parole at an official overseas government facility. DHS is DNA evidence within the United States. (HFRP) Program, the Cuban Family Reunification only able to quantify the exact number of DNA tests 85 Only certain family-based benefit requests Parole (CFRP) Program, and the Filipino World War where at least one of the individuals is submitting would be impacted by the proposed provision to II Veterans Parole (FWVP) Program. Therefore, DHS his or her DNA evidence overseas. Although DHS allow, request, or require DNA evidence to establish is using the aggregate number of DNA submissions does not track the location of the petitioner or a biological relationship. The DNA tests associated to estimate the baseline population. biological family members giving his or her DNA with Form I–130 and Form I–730 are the only 86 The relevant data and information in Table 10 evidence, based on the experience of USCIS’ family-based benefit requests that would be was provided by USCIS RAIO was only available Refugee, Asylum and International Operations impacted by the proposed rule that currently use for 3 fiscal years, from FY 2015 to FY 2017.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4725 E:\FR\FM\11SEP2.SGM 11SEP2 EP11SE20.000 56374 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Where BCR represents the Biometrics (ii) Biometrics Fee Ratio be required to pay the $85 biometrics Collection Rate for a specific form type, BI fee. DHS uses the current volumes of represents intensity, as the average number of The formula for the BFR calculation is biometric services fee payments (Table individuals who currently submit biometrics provided below (Formula 2): information by form type in a fiscal year and 8) and current volume of biometric P represents the volume of age-eligible submissions (Table 5) to estimate the benefit requests associated with a form type additional populations that would pay by fiscal year.87 the $85 biometric services fee (due to the removal of age restrictions and the Calibration will be undertaken in the broadening of collection). Although next phase, when the actual population USCIS accounts for the financial inflow estimates are conducted, but we of resources originating from the $85 introduce point of discussion here. An biometric services fee, the CPMS Where BFR represents the Biometrics Fee important consideration relevant to database accounts for the number of Ratio, F is the estimated number of biometrics collection for eligible biometric submissions by primary form individuals who pay the biometric services populations under each of the Prev-9 type, which may not match the form fee in a fiscal year and BI represents the number of biometric submissions in a given forms involves the number of biometric type for which the $85 biometric fiscal year, which was introduced above in submissions that are collected as a services fee is collected. For example, the BCR setup. The BFR is calculated by proportion of the total filing volume for an individual concurrently files Form I– comparing the biometric fee-paying volumes specific forms. There may be a low 821D and Form I–765 but would only to total biometric submissions (with the volume of biometric submissions have to submit the $85 biometric exception for Form I–589) for each fiscal relative to the filing volume (a low services fee with the Form I–765 year, for reasons explained above. In FY BCR). The heavy concentration of application. However, the individual’s 2017, for example, a BFR of 0.77 obtains by biometric submissions within this biometric information may be logged dividing a volume of 2.80 million biometric grouping does not map directly to a under Form I–821D in the CPMS service fee payments by a total of by 3.62 million biometric submissions (Table 10). For relatively intense rate of biometric database. This is true for all form types every known non-exempt benefit request collection within each form in this with the exception of Form I–589, as with a biometric submission, DHS estimates group. The reason is that biometrics these applicants may not submit that in 2017, 77 percent of individuals pay may be submitted under a separate biometrics information under another the biometric services fee payment while the primary form when someone form type and they are exempt from the remaining 23 percent of individuals receive concurrently files multiple immigration $85 biometric services fee. As a result, a fee exemption, a biometric services fee benefit requests. As will be shown in DHS uses the total volume of biometric waiver, or they fall outside of the current age Phase III, two prevalent forms, Forms I– services fee payments and the overall restrictions for submitting the $85 biometric 765 and I–131, invoke ‘‘artificially’’ low volume of biometric submissions (with services fee. Since the calculation of the BFR is relatively straightforward, it is compiled BCRs, as biometrics information is only the exception of Form I–589) to derive here and referred to downstream as needed. collected on certain requests, or, a BFR, a formula identifying the portion Table 10 provides the BFR calculations for biometrics information may be collected of individuals who pay the biometric each fiscal year, including a 3-year average under another form if an individual services fee out of the total population BFR of 0.75 that will be used for subsequent concurrently files multiple forms. of those submitting biometrics who may calculations.88

TABLE 10—BIOMETRIC FEE RATIO, ALL FORMS [FY 2015–FY 2017]

Biometric Fee-paying submissions Biometrics Fiscal year volume (excludes fee rate Form I–589) (BFR)

FY 2015 ...... 2,765,927 4,029,843 0.69 FY 2016 ...... 2,746,261 3,361,885 0.82 FY 2017 ...... 2,801,648 3,624,280 0.77

Average ...... 2,771,279 3,672,003 0.75

It is noted that the BFR calculation of under 10 percent of the total) annually therefore an additional step (in addition .75 relies on the total volumes across the were classified as Other. DHS does not to the employment of the BCR, as will three years, and is thus implicitly explicitly plan to broadly increase be shown) will be needed to estimate weighted (it takes into account the collection here, but nonetheless, there the new biometrics population under relative magnitude of yearly are populations within this this Other category. DHS constructs an submissions). However, the unweighted classification that could be impacted by age multiplier to estimate the maximum average would be very similar, at 0.76. the proposed elimination of the age population within the Other (iii) Biometrics Age Multiplier restrictions for collecting biometrics. classification who would submit Since this group contains non-specific biometrics information as a result of the From FY 2013 to FY 2017, an average form types, DHS cannot determine the proposed provision to eliminate the age of 343,055 biometric submissions (just appropriate filing volumes, and restrictions for submitting biometrics.

87 The BCR for different form types may vary due 88 DHS notes that the general BFR of .75 is three-year volume of biometrics. The unweighted to the eligibility categories and age characteristics essentially weighted by year since it is calculated (raw) average would be very similar, at .76. of the filers and dependents. by dividing the total three-year fee payments by the

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 EP11SE20.001 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56375

The relevant metric is an age between the ages of 14 and 79 relative types where biometrics are routinely multiplier based on the proportion of to the total volume of filers or benefit collected. The formula for the age filers or benefit requests for individuals requests for each of the Prev-9 form multiplier is (Formula 3):

Where BAM is the 5-year average age benefit requests by 612,148 benefit requests form types, including the total number multiplier for a form type; T is the 5-year for individuals between the ages of 14 and of filers and benefit requestors by age 89 total number of filers or benefit requests; and, 79. For every Form I–485 benefit request segment between FY 2013 and FY 2017. ESP (Eligible Sub-population) is the 5-year for individuals between the ages of 14 and total number of filers or benefit requests 79, there are approximately 1.095 Form I–485 Using these figures, the 5-year average between the ages of 14 and 79. To annotate benefit requests for individuals of all ages. age multiplier across all 9 form types one specific example, between FY 2013 and would be 1.047. FY 2017, a Form I–485 BAM of 1.095 is Table 11 provides a summary of the calculated by dividing a total of 670,560 age multiplier for each of the Prev-9

TABLE 11—AGE MULTIPLIER, PREV-9 FORM TYPES [FY 2013–FY 2017]

Age segments (5-year average) Form type Age multiplier Ages under All ages Ages 14–79 14; +79

N–400 ...... 850,695 839,601 11,094 1.013 I–90 ...... 738,704 703,707 34,997 1.050 I–765 ...... 1,960,672 1,892,366 68,307 1.036 I–485 ...... 670,560 612,148 58,412 1.095 I–821D ...... 371,068 370,838 230 1.001 I–589 ...... 127,499 111,597 15,902 1.142 I–751 ...... 165,738 164,441 1,297 1.008 I–131 ...... 441,226 409,699 31,527 1.077 I–601A ...... 45,640 45,633 7 1.000

Average Age Multiplier ...... 1.047

In contradistinction to the BFR, the where the existence of a claimed genetic Specifically, DHS calculates a DM based BAM is a raw average; that is, it is relationship is at issue for a beneficiary, on the proportion of applicants or unweighted across form types volumes, derivative, rider, or qualifying family petitioners relative to the number of such that each form’s particular value member. Based on current processes, applications or beneficiaries/qualifying receives an equal weight. each individual DNA test would incur family members for each of the forms a separate cost. For instance, a principal where DNA evidence would likely be (iv) Dependents Multiplier seeking a benefit request for 3 eligible used to verify a claimed genetic The proposed rule would allow or beneficiaries or qualifying family relationship.91 In certain circumstances, require certain filers to use DNA members would incur 3 separate costs DHS uses the 5-year 92 average DM to evidence to verify a claimed genetic for the DNA testing.90 estimate the number of applicants or relationship in support of certain Therefore, DHS is using a dependents petitioners and beneficiaries/qualifying immigration benefit requests, including, multiplier (DM) to estimate the average family members who could be eligible but not limited to: Form I–130; Form I– number of dependents who may be to submit DNA evidence under the 360, Form I–730; Form I–914A; Form I– required to submit DNA tests with the proposed rule. The formula for the DM 918A; Form I–929; and any other form principal immigration benefit requestor. is (Formula 4):

89 Calculation: 670,560 average Form I–485 90 The principal would need to pay 3 separate principal applicant and petitioner, DHS is using benefit requests/612,148 average Form I–485 benefit fees. The first fee would cover the cost of the DNA only these figures to derive the DM. In instances requests between the ages of 14 and 79 = 1.095 test with the first dependent, while the second and where it is not possible to identify the claimed (rounded). When you multiply an age multiplier of third fee would cover the additional costs for the biological relationship, DHS derives a DM based 1.095 by 612,148, the number of Form I–485 remaining family members. However, the principal upon the total volume of principal applicants and beneficiaries between the ages of 14 and 79, the resulting figure is 670,032. This figure is less than petitioner and the dependents would each incur their dependents. the overall number of Form I–485 beneficiaries separate travel and time burden costs. 92 DHS uses data from FY 2013 to FY 2017 to (670,560) because the age multiplier has been 91 In instances where it is possible to identify the make these calculations. rounded. claimed biological relationship between the

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 EP11SE20.002 56376 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Where DM is the dependents multiplier for members, including DMs for Forms I–130, I– c. Phase III—Estimating New a form type in a given fiscal year; T is the 730, and I–929. DHS is using the average DM Populations That Would Submit total number of benefit requests; and P is the for these forms to estimate the number of Biometrics number of petitioners or principal benefit petitioners and beneficiaries or qualifying requests by form type. For example, the FY family members who could submit DNA Having first identified the baseline 2017 Form I–130 DM of 1.38 is obtained by evidence to verify a claimed genetic dividing a total of 455,275 benefit requests volume of biometric submissions and, relationship in instances where it is not for beneficiaries with a claimed genetic second, having developed requisite relationship by a total of 328,737 unique possible to identify the petitioner’s metrics, DHS can proceed to estimate petitioners who are directly affiliated with relationship with the beneficiary or the new populations that would submit 93 qualifying family member, including these Form I–130 petitions. Based on this biometrics under the proposed rule. approach, DHS is estimating the average DM calculations for Form I–914A and Form I– for forms where it is possible to verify the 918A.94 The calibration for a generalized DM Foremost, Table 12 provides the BCRs principal filers’ claimed genetic relationship will be provided in the relevant following for Prev-9. with beneficiaries or qualifying family section.

TABLE 12—BIOMETRICS COLLECTION RATE (BCR) FOR THE PREV-9 FORMS

Baseline Form Biometrics population BCR

N–400 ...... 860,877 850,695 1.012 I–90 ...... 727,836 738,704 0.985 I–765 ...... 538,187 1,892,366 0.284 I–485 ...... 501,815 612,148 0.820 I–589 ...... 184,212 88,072 2.092 I–821D ...... 209,004 370,838 0.564 I–131 ...... 87,838 409,699 0.214 I–751 ...... 121,333 164,441 0.738 I–601A ...... 44,560 45,633 0.976

Table 12 reproduces the average five- principal asylum applicants. For the analysis. Second, Forms N–400, I–90, year biometrics submissions (Table 5) Forms I–765 and I–131, significant and I–589 essentially have no additional and introduces the baseline portions of these populations currently eligible population to draw from and population—the current age-eligible do not submit biometrics information have been excluded. DHS obtained the population from which the biometrics under these primary forms, and the average five-year filing volumes for the was obtained (in other words, the basis BCRs are artificially low. The primary requisite sub-group of four forms and of BCR). An explanation of the results issue for Form I–765 is the large amount subtracted the current baseline. The in Table 12 is needed before proceeding of concurrent filings. Form I–131 has resulting figures shown in Table 13 to estimation. Forms N–400 and I–90 concurrent filings as well, but the low represent the population for each form currently have complete collection, collection rate is because of the limited that currently is not age-eligible but essentially, which is evidenced by the number of eligibility categories that would be under the rule. The BCR for respective BCRs near unity. Forms N– currently are required to submit each form was multiplied by the new 400 and I–90 currently do not have age biometrics.95 age-eligible population to obtain the restrictions for biometrics collection. To estimate the new populations, new biometrics population for each The BCR of 2.092 for Form I–765, is DHS proceeded as follows. First, DHS form. The results are presented in the driven by derivative family members analyzed Forms I–765 and I–131 last column of Table 13, and total to submitting biometrics along with the separately so removed them from this 48,992.

TABLE 13—NEW BIOMETRICS POPULATION WITHIN THE PREV-9 SET DUE TO THE REMOVAL OF AGE RESTRICTIONS

New New Form age-eligible BCR population

I–485 ...... 58,412 0.820 47,898 I–821D ...... 230 0.564 130

93 Calculation: FY 2017 DM for Form I–130 = relationship. All information pertaining to the all applicants for a Refugee Travel Document or a 328,737 Form I–130 eligible benefit requests/ petitioner has been removed to protect the Reentry Permit must complete biometrics at a 455,275 Unique Petitioners = 1.38 DM (rounded). identities of applicants and petitioners under Form USCIS ASC or, if applying for a Refugee Travel 94 For these forms, DHS is only able to identify I–914A and Form I–918A. Document while outside of the United States, at an 95 the number of dependents who have an eligibility Only two eligibility categories under Form I– overseas USCIS facility. category based upon a claimed biological 131 are required to submit biometrics. Specifically,

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 EP11SE20.003 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56377

TABLE 13—NEW BIOMETRICS POPULATION WITHIN THE PREV-9 SET DUE TO THE REMOVAL OF AGE RESTRICTIONS— Continued

New New Form age-eligible BCR population

I–751 ...... 1,297 0.738 957 I–601A ...... 7 0.976 7

Total ...... 48,992

The first component of the new relatively high. Table 14 shows the five type was not ambiguous or unspecified) biometrics population is 48,992 (Table BCRs selected from Prev-9, noting that and proceeded to add two, which are 13 above), obtained above for a sub- Form I–90 is retained here even though the only forms peripheral to Prev-9 that group of four forms within Prev-9, for collection is almost complete for this have high BCRs: Form I–914, which there are three more. Three other form. The representative group is Application for T Nonimmigrant Status; sub-groups will be examined. As has assessed to be reasonable and have a and Form I–918, Petition for U been stated earlier, the goal is to broadly good deal of range, from .584 to .985. Nonimmigrant Status. The respective collect biometrics while taking into Since it is desirable to have as many BCRs for these two additional forms, in consideration that there will be relevant forms as possible in the proxy order, are .952 and .819, as is shown in exemptions and waivers. Consequently, collection, we examined the BCRs for Table 14. a proxy for BCR for estimation should the remaining forms in the Other be less than unity, but be positive and category (for cases in which the form

TABLE 14—AVERAGE BCR FOR SET OF APPROPRIATE FORMS

Selected Prev-9 Forms BCR

I–90 ...... 0.985 I–485 ...... 0.820 I–821D ...... 0.564 I–751 ...... 0.738 I–601A ...... 0.976 Added Forms: I–918 ...... 819 I–914 ...... 952 Raw BCR for regrouped set ...... 8363

The unweighted (raw) average is parse out concurrent filings for the I– of Regional Center (Form I–924A) filings utilized because we do not have a priori 131, but obtained the difference in from 2017 and found that the average information on which forms (or sub- average filings and biometrics number of principals per regional center group of them) would have a BCR submissions, of 353,388. Applying the is 2.6, which we round up to three. The closest to the not yet existing, in general BCR yields 295,539 possible average filing figure is 428, which is the context, rule population. Similarly, new biometrics submissions. The total annual filings for the Forms I–924 and there is no ‘‘target’’ or desired BCR that of the two forms is 1,236,082, which is I–924A, which results in a population of we seek to impugn to the generalized the second component of the new 1,284.96 population under the proposed rule. biometrics population. The total filing volume for the Hence, we use the raw average as The third new population component relevant group of forms, including the opposed to a weighted one, because the accrues to the set of forms described as above estimate for regional center former weights each BCR in the group Phase III forms, in which biometrics is principals, is 1,043,606. Subtracting equally. For the subgroup of forms, we not broadly collected on currently, but from this total the average of just 1,077 obtain the unweighted average BCR of that DHS plans to routinely collect on current biometrics collections yields .8363 (or 86.63 percent). in the future. DHS obtained the total 1,042,529, which, when multiplied by Equipped with a workable BCR metric average filing volume for this set of the BCR of .8363, yields 871,867. This to extrapolate, the second new forms, and annotates the discussion is the third component of the new population component can be with one particular form, Application biometrics population, and it is the estimated. First, DHS obtained filing for Regional Center Designation Under portion that applies to the dozen or so information for the Form I–765 and was the Immigrant Investor Program, (Form forms for which DHS would routinely able to parse out filings that were non- I–924). As explained in the preamble, collect biometrics under the rubric of concurrent with other forms. Excluding DHS will collect biometrics for the the proposed rule. the I–765 biometrics population principals of regional centers. Regional Denoting the current biometrics submitted in the baseline, there was an center principals are typically key collection for the Other category as OB, average of 1,124,648 annual filings for leaders in the center, but information which biometrics could be collected in concerning them are not captured in 96 This population that combines I–924 initial and the future. Multiplying this population formal DHS databases, but rather in I–924 Amendments essentially captures new regional center applications plus filings from the by the BCR of .8363 yields 940,543 individual adjudication reports 884 regional centers (as of June 13, 2019) that are potential new biometrics submissions. involving the business plans. DHS was approved by USCIS via earlier initial filings but We do not have enough information to able to sample 130 Annual Certification submit revised or updated projects.

VerDate Sep<11>2014 19:50 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56378 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

which is 343,055 (Table 5), the new 13,484. This is the fourth and final The four new sub-populations population is obtained via the equation: component of the new biometrics representing future biometrics are OB × BCR × (BAM¥1), which yields population. summarized in Table 15.

TABLE 15—SUMMARY OF NEW BIOMETRICS POPULATIONS

Group Baseline New Total

Regrouped prevalent set ...... 2,649,637 48,992 2,698,629 Forms I–765/I–131 ...... 626,025 1,236,082 1,862,107 Phase III forms expansion ...... 1,077 871,867 872,944 Other ...... 343,055 13,484 356,539

Sums ...... 3,619,794 2,170,425 5,790,219

As Table 15 connotes in the final row, Phase V focuses on population estimates different relative types, 7 relative types the biometrics submitting population for certain benefit requests where an represent a potential for a claimed will grow by about 2.17 million individual would be eligible to submit genetic relationship between the annually. The baseline excludes the DNA evidence in support of a claimed petitioner and beneficiary (see biometrics recently collected for the genetic relationship. DNA test results highlighted Form I–130 relative types). Form I–539. When the average can be used to establish or verify a For instance, a Form I–130 petitioner biometrics for this form (280,767) are claimed genetic relationship.97 filing on behalf of a 17-year old child added back, the total biometrics Therefore, where possible, DHS under the eligibility category, submitting population would jump from estimates the number of individuals ‘‘unmarried child under 21 of 3.90 million (the current baseline who would submit DNA tests due to the permanent resident, 203(a)(2)(A) INA,’’ derived earlier in the analysis) to 6.07 proposed rule by first identifying the represents one claimed genetic million. As a result, the generalized total number of applicants or petitioners relationship that could be verified biometrics collection rate would rise and beneficiaries/qualifying family through DNA testing. To estimate the from 46 to 71.2 percent (based on 2017 members who may be eligible to submit number of Form I–130 petitioners and figures). DNA tests from the total annual volume beneficiaries who could submit DNA of receipts for the form types including evidence, DHS quantifies the number of d. Phase IV—Population Estimates for Forms I–130, I–730, I–914, Form I–918, unique petitioners and beneficiaries the Biometric Services Fee and I–929.98 DHS then uses statistical who submit a Form I–130 based on one characteristics from these population In Phase III DHS estimated that the of the 7 relative types that would allow estimates to calibrate a DM, which is biometrics submitting population would for DNA testing.99 grow by over 2.17 million due to used to estimate eligible populations removing age restrictions and expanding when there is missing information In FY 2017, for example, DHS collection across more forms. Having regarding the number of principal estimates 466,148 Form I–130 made this estimate, it is straightforward applicants or petitioners filing on behalf beneficiaries were classified under one to take the next step and estimate the of their beneficiaries/qualifying family of the 7 relative types that involved a 100 new biometrics fee paying population. members. claimed genetic relationship. At the The I–589 population is statutorily For example, Table 16 provides a list same time, DHS estimates that 344,032 exempt from the fee, and N–400 of relative categories that a Form I–130 Form I–130 petitioners filed on behalf of applicants over 75 years of age do not petitioner can file on behalf of. Of these these beneficiaries. Therefore, the FY pay the fee. However, neither of these 2017 DM for Form I–130 is 1.35.101 In 97 DNA test results from an AABB-accredited lab the context of this, there were 11.35 two forms incurred new biometrics can be used to validate a biological relationship. population segments, and are thus Although there is no expiration date for DNA test immaterial to this portion of the results examining a specific biological relationship, 99 The petitioner may file on behalf of multiple analysis. There is not a biometric some AABB labs only keep the DNA test results for family members, and though this includes around 30 days. This means the test result individuals to whom the petitioner is not services fee for the Form I–821D, to documentation would either need to be maintained biologically related, such as stepchildren and which we subtract the very small in the applicant, petitioner or beneficiary’s USCIS adopted children, most of these claimed number of its 130 estimated new file or the documentation would need to be relationships are relationships that could be biometrics submissions (Table 14) from maintained by the applicant or petitioner paying for verified through DNA testing. The petitioner would the DNA test. For the purposes of this analysis, DHS only need to submit DNA evidence on one the new population. Applying the BFR assumes that any applicant, petitioner or occasion, as would each of his or her genetic of .75 to the adjusted new population, beneficiary associated with a benefit request would relatives.... In addition, the DNA test results are the new biometrics fee population is only submit his or her DNA evidence once annually valid indefinitely, meaning the test results could be 1,627,721 and a total of 4,399,000 fee regardless of the number of benefit requests with used in subsequent benefit requests if the results are which they may be associated. These estimates are retained in USCIS files or the petitioner has an submissions would be collected made by using a unique ID for each eligible official copy of the test results. Therefore, DHS has annually in the future. The fee paying applicant, petitioner or beneficiary to include the used the fiscal year time stamp, full name and date population would increase from 32.5 full name, birth date and fiscal year of the form of birth of the applicant, petitioner, and beneficiary percent to 51.6 percent. receipt for each individual. to count the number of unique identities within a 98 DHS proposes to require, request, or accept given fiscal year. This is done to avoid instances e. Phase V—Expanded DNA Collection DNA evidence in support of these family-based where one filer may be filing on behalf of multiple benefit requests because DNA testing is an relatives or the same individuals could be filing The proposed rule would allow, established technology that can help determine if multiple benefit requests in a given year for which request, or require certain populations there is a biological relationship between two previous DNA test results would be valid. individuals. Additionally, DNA testing for these 100 Data provided by the USCIS Office of to use DNA evidence to verify a claimed family-based benefit requests would help DHS Performance and Quality. genetic relationship in support of identify criminals and protect vulnerable 101 Calculation: 344,032 Form I–130 beneficiaries/ certain benefit requests. This current populations under AWA and IMBRA. 466,148 Form I–130 petitioners = 1.35. (rounded)

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56379

beneficiaries with a claimed genetic relationship per unique petitioner.102

TABLE 16—RELATIVE TYPES CONSIDERED FOR DNA TESTING FOR FORM I–130 BENEFICIARIES

Husband or wife of U.S. Citizen, 201(b) INA. Unmarried child (under age 21) of U.S. Citizen, 201(b) INA. Unmarried son or daughter (21 or older) of U.S.C., 203(a)(1) INA. Married son or daughter of U.S. Citizen, 203(a)(3) INA. Parent of U.S. Citizen, 201(b) INA. Brother or sister of U.S. Citizen, 203(a)(4) INA. Fiance´(e) of U.S. Citizen, 214(k) INA. Husband or wife of permanent resident, 203(a)(2)(A) INA. Unmarried child under 21 of permanent resident, 203(a)(2)(A) INA. Unmarried son or daughter (21 or older) of permanent resident, 203(a)(2)(B) INA. Source: USCIS Analysis. * Note: Relatives with claimed genetic relationships are highlighted in gray.

Although DHS is able to estimate the the number of eligible Form I–914 455,275 Form I–130 beneficiaries with a number of eligible genetic relationships applicants and Form I–918 petitioners claimed genetic relationship. Over this within the total annual volume of who could submit DNA evidence under same period of time, an average of 6,252 receipts for certain form types, such as the proposed rule.104 This grouping of Form I–730 petitioners filed on behalf of populations under Forms I–130, I–730, forms are non-exhaustive, as USCIS may 11,098 Form I–730 beneficiaries with a and I–929, for other form types the require, request, or accept DNA claimed genetic relationship. Also, from definitive nature of the genetic evidence to verify the existence of a FY 2013 to FY 2017, an average of 131 relationship is missing or there is not claimed genetic relationship for other Form I–929 petitioners filed on behalf of enough data to provide statistically forms where the existence of a genetic 174 Form I–929 qualifying family valid inferences.103 Therefore, DHS uses relationship is at issue for a beneficiary, members with a claimed genetic the average DM of Forms I–130, I–730, derivative, rider, or qualifying family relationship. The unweighted average and I–929, and the average number of member. DM for these three forms is 1.50,105 eligible qualifying family members for From FY 2013 to FY 2017, DHS comprising a Form I–130 DM of 1.38,106 Forms I–914A, and I–918A, with a estimates an average of 328,737 Form I– a Form I–730 DM of 1.78,107 and a Form claimed genetic relationship to estimate 130 petitioners filing on behalf of I–929 of 1.34.108

TABLE 17—POPULATIONS WITH CLAIMED GENETIC RELATIONSHIPS, FORM I–130, FORM I–730 AND FORM I–929 [FY 2013–FY 2017]

Beneficiary/qualifying Form Petitioner/applicant family member Dependents multiplier (genetic relationship)

I–130 ...... 328,737 455,275 1.38 I–730 ...... 6,252 11,098 1.78 I–929 ...... 131 174 1.33

Average ...... 1.50

From FY 2013 to FY 2017, an average claimed genetic relationship (Table 17). 8,767 Form I–918A petitioners filing on of 528 Form I–914A qualifying family Applying the average for Forms I–130, behalf of qualifying family members members and 13,151 Form I–918A I–730, and I–929 DM of 1.50 to these with a claimed genetic relationship. qualifying family members requested an populations, DHS estimates an average immigration benefit based upon a of 352 109 Form I–914A applicants and

102 A Form I–130 petitioner must file a benefit filing for an eligible family member are required to 106 Calculation: 455,275 Form I–130 dependents/ request for each eligible family member. As a result, file Form I–914A and Form I–918A. 328,737 Form I–130 petitioners = 1.38 (rounded). these figures represent the total number of 104 DHS uses this approach because it assumes 107 Calculation: 11,098 Form I–730 dependents/ petitioners and beneficiaries in a given fiscal year. the number of applicants or petitioners relative to 6,252 Form I–730 petitioners = 1.78 (rounded). 103 Those filing under Form I–914 and Form I– the number of dependents to be similar for these 108 Calculation: 174 Form I–929 dependents/131 918 are able to file a benefit request on behalf of family-based benefit requests. Form I–929 petitioners = 1.33 (rounded). themselves or an eligible family member. Those 105 Calculation: (Form I–130 DM of 1.38 + Form 109 Calculation: 528 Form I–929 DNA tests for applying for their own benefit request are required I–730 DM of 1.78 + Form I–929 DM of 1.33)/3 = 1.50 dependents/1.50 DM = 352 principal filers to file Form I–914 and Form I–918, while those (rounded). (rounded).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56380 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

TABLE 18—POPULATIONS WITH CLAIMED GENETIC RELATIONSHIPS, FORM I–914A, FORM I–918A [FY 2013–FY 2017]

Average dependents Derived principal Eligible qualifying multiplier Form petitioner/applicant family members (Form I–130, (genetic relationship) (genetic relationship) Form I–730 and Form I–929)

I–914A ...... 352 528 1.50 I–918A ...... 8,767 13,151 1.50 Source: USCIS Analysis using data from USCIS Office of Performance and Quality (OPQ).

In total, DHS estimates 824,465 evidence to establish or verify a claimed currently submitting DNA evidence, individuals who are associated with a genetic relationship. However, DHS DHS estimates there are 805,493 benefit request based upon a claimed currently accepts DNA test results for individuals who could be impacted by genetic relationship (Table 18). Of this 11,383 beneficiaries (on average, Table the proposed rule. Of this total, there are total, 344,239 were principal applicants 8). Using the average DM of 1.50, DHS 336,650 principal applicants and and petitioners who claimed genetic estimates there are currently 7,589 petitioners with claimed genetic relationships with 480,226 principal filers who submit DNA relationships with 468,843 beneficiaries/qualifying family evidence in support of a claimed genetic beneficiaries/qualifying family 110 members. Under the proposed rule, DHS relationship. After accounting for the members. would require, request, or accept DNA number of individuals who are

TABLE 19—POPULATIONS WITH CLAIMED GENETIC RELATIONSHIPS, FORM I–130, FORM I–730, FORM I–929, FORM I– 914A AND FORM I–918A [FY 2013–FY 2017]

Principal petitioner/ Eligible dependent Form applicant (genetic relationship) Total

I–130 ...... 328,737 455,275 784,012 I–730 ...... 6,252 11,098 17,350 I–914A ...... 352 528 880 I–918A ...... 8,767 13,151 21,918 I–929 ...... 131 174 305

Total ...... 344,239 480,226 824,465 Baseline ...... 7,589 11,383 18,972

Total Incremental ...... 336,650 468,843 805,493

Supplemental Population—NTAs DNA evidence to establish a claimed to collect an individual’s iris and facial genetic relationship. image by using the same process to take Figures were provided by DHS a photograph.113 Similarly, during a components for FY 2018 for the NTAs a. Costs to the Biometric-Submitting biometrics appointment an individual under age 14, and the relevant New Population currently submits an index finger press population 111 is 62,716.112 The proposed rule would increase the print, an 8 fingerprints, or a full ‘10-roll’ types of biometric modalities required 4. Costs and Benefits of the Proposed fingerprint. Under the proposed rule, to establish and verify an identity, Rule DHS would also collect an individual’s including the potential use of iris and The benefit-cost analysis is separated facial image, palm print, and voice palm print by using the same procedure into two sections. The first section print. Although DHS would implement and equipment, which may take a few focuses on the total costs of submitting the use of these proposed technologies, additional seconds. The proposed rule biometrics, including the proposed use it does not expect a considerable would also include an individual’s of new modalities to collect biometric increase in the time burden for an voice print, which would take a few information. The increased biometrics individual to submit biometric seconds to record. For these reasons, services fees are also covered here. The information to USCIS. Currently, an DHS does not expect the time burden to second section is concerned with the individual submits a photograph as part increase substantially beyond the costs associated with the proposed of their biometrics appointment. Under current estimate of 1 hour and 10 provision to require, request, or accept the proposed rule, DHS would be able minutes. However, DHS has not

110 Calculation: 13,151 Form I–918A DNA tests issue NTAs to the same population but collect Investigations, 123. Under CBP, Office of Field for dependents/1.50 DM = 8,767 principal filers biometrics from the under-14-year-old population Operations, 19,340, Border Patrol (apprehensions), (rounded). that receives an NTA to establish or verify their 39,458. 111 identity. The collection of biometrics will not result in 113 The photograph would be taken with a camera 62,716 additional NTAs being issued by DHS 112 The population figure is broken out as follows: that has the capacity to collect iris image or facial components, rather this population of 62,716 Under ICE Enforcement Removal Operations (ERO), received NTAs in FY2018. Under the proposed Administrative actions, 1,712, Criminal cases, 0, recognition. authority in this rule, DHS estimates that it would and other NTAs, 2,083. Under Homeland Security

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56381

conducted any pilot programs or field wage. While DHS does not rule out the rule. At a per-filer cost of $73.23, total tests to test this expectation. Therefore, possibility that some portion of the biometrics submission costs would be the population that we have described population might earn wages at the $158,940,196. An estimated 1,627,721 throughout this analysis as the baseline average level for all occupations, new biometrics fee payments would that currently submits biometrics would without solid a priori information, generate $138,356,283 in new fee- not incur a quantified impact from this relying on the prevailing and benefits related costs. The two cost segments proposed rule in terms of costs. burdened minimum wage is justifiable. tally to $297,296,479. New populations that would submit DHS welcomes public comment on this In terms of biometric collection from biometrics would incur the opportunity issue. individuals encountered by DHS for law costs of time to submit biometric Individuals would need to travel to an enforcement purposes, e.g., upon information at an ASC. Because of this, ASC for their appointment.117 DHS apprehension for removal from the the wage that individuals earn becomes estimates that the average round-trip United States, under the INA, any central to the cost estimates. DHS will distance to an ASC is 50 miles, and that scenario there is not likely to be a cost rely on the minimum wage. In some the average travel time for the trip is 2.5 to these individuals whose biometrics DHS rule-makings, the estimates of hours.118 The cost of travel also are collected for purposes of NTA distributional impacts and time related includes a mileage charge based on the issuance. With respect to other DHS opportunity costs were linked to the estimated 50-mile round trip at the 2019 components (i.e., ICE ERO, CBP OFO, federal minimum wage. The federal General Services Administration rate of and Border Patrol) individuals who fall minimum wage is $7.25, which, when $0.58 per mile.119 DHS estimates the into the category would generally be in burdened for benefits by a multiple of total cost of traveling to an ASC to custody when biometrics are collected, 1.46, is $10.59 per hour.114 This reliance submit biometrics is $59.13, which is and, as such, there would be no is grounded in the notion that most the sum of $29 in direct travel costs and opportunity costs or travel-related costs would be new entrants to the labor force $30.13 in time-related opportunity to the individual . . . USCIS does not and would not be expected to earn costs.120 take individuals into custody, so the relatively high wages. In this proposed Because an individual would spend biometric collections for USCIS will not rule-making, we rely on a slightly more one hour and 10 minutes (1.17 hours) at be in a custodial setting, but will robust ‘‘prevailing’’ minimum wage of an ASC to submit biometric nevertheless result in no cost to $8.25. As is reported by the Economic information, the total opportunity cost individuals. USCIS NTA issuance is Policy Institute, many states have their of time is $14.10 per appointment currently, as well as historically, own minimum wage, and, even within (separate from the fee and travel-related predicated on the denial of an states, there are multiple tiers.115 costs). immigration benefit request. USCIS Although the minimum wage could be DHS estimates the total cost for an resubmits the previously collected considered a lower-end bound on true individual to submit biometrics by biometrics associated with the earnings, the prevailing minimum wage summing the opportunity cost of time to underlying, denied benefit request to is fully burdened, at $12.05, which is submit biometrics and the total traveling the FBI for updated criminal history 13.8 percent higher than the federal costs for biometric services. The total information prior to NTA issuance. We minimum wage.116 cost for an individual to submit expect that there will be some costs that DHS is aware that some forms, such biometrics is $73.23 without the service can be monetized that would accrue to as the Immigrant Petition by Alien fee and $158.23 with the $85 fee. USCIS as part of the fees it pays to the Entrepreneur (Form I–526) and Form I– To determine the annual cost of FBI for Criminal History Record 924 are linked to investment- submitting biometrics, DHS applies the Information (CHRI) checks submitted by authorization and that the minimum previously discussed individual costs to authorized users (it is noted that law wage may not be realistic for these the populations estimated in Phase III of enforcement agencies within DHS do forms. However, the populations the analysis. DHS estimated that not pay the fee, but USCIS is not a law associated with these forms are 2,170,425 additional individuals would enforcement agency). There could be relatively very small, and therefore it submit biometrics under the proposed relatively minor costs to USCIS would not make much difference to associated with transferring background 117 DHS expects the majority of biometrics check data. The fee that the FBI charges overall costs to assign them a higher appointments to occur in the United States at an ASC facility. However, in certain instances to USCIS was revised most recently to 121 114 The benefits-to-wage multiplier is calculated individuals may submit biometrics at an overseas $11.25 at 83 FR 48335. Based on the by the Bureau of Labor Statistics (BLS) as (Total USCIS or Department of State facility. However, population of 62,716, the costs annually Employee Compensation per hour)/(Wages and because DHS does not currently have data tracking would be $705,555 (62,716 NTAs Salaries per hour) = $36.32/$24.91 = 1.458 (1.46 the specific number of biometric appointments that rounded). See https://www.bls.gov/news.release/ occur overseas, it uses the cost and travel time multiplied by $11.25). Adding this to archives/ecec_03192019.pdf. Calculation for annual estimates for submitting biometrics at an ASC as an the biometrics costs above yields a total federal minimum salary: Hourly wage of $10.59 × approximate estimate for all populations submitting cost of $298,002,034 annually. 2,080 annual work hours = $15,080. biometrics in support of a benefit request. Over a 10-year time period, in non- 115 The Economic Policy Institute (EPI) report 118 See DHS Final Rule, Provisional Unlawful discounted terms, the costs would be (2016) is available at: https://www.epi.org/ Presence Waivers of Inadmissibility for Certain publication/when-it-comes-to-the-minimum-wage- Immediate Relatives, 78 FR 535 (Jan. 3, 2013). $2,980 million. At three and seven we-cannot-just-leave-it-to-the-states-effective-state- 119 The General Services Administration mileage percent rates of discount, the 10-year minimum-wages-today-and-projected-for-2020//. rate of $0.58, effective January 1, 2019, available at present values of the combined costs There are multiple tiers of minimum wages across https://www.gsa.gov/travel/plan-book/ are, in order, $2,542 million and $2,093 many states that apply to size of business (revenue transportation-airfare-pov-etc/privately-owned- million. Since the annual inputs to the and employment), occupations, working hours, and vehicle-mileage-rates/pov-mileage-rates-archived other criteria. Some of these variations per state are (last visited Apr. 7, 2020). discounting system is the same each described at: https://www.minimum-wage.org (last 120 We note here that in a particular aspect, the year, the average annualized visited Apr 7, 2020). costs that would accrue to travel to an ASC may be 116 Calculations (1) for prevailing minimum wage: overstated. It is logical that since children cannot 121 The notice, with an effective date of January $8.25 hourly wage × benefits burden of 1.46 = drive, families could travel together, reducing the 1, 2019, is found at: https:// $12.05; (2) (($12.05 wage¥$10.59 wage)/$10.59)) number of individuals separately incurring travel www.federalregister.gov/documents/2018/09/24/ wage = .1378, which rounded and multiplied by costs. We do not have salient information for which 2018-20644/fbi-criminal-justice-information- 100 = 13.8 percent. we could quantify this possibility. services-division-user-fee-schedule.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56382 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

equivalence cost, at either rate of AABB lab to a USCIS or DOS facility DNA evidence to establish a genetic discount, is the same as the non- located overseas.123 For all DNA tests relationship in support of a benefit discounted annual cost, which is $298 conducted outside of the United States, request would have to travel to an million. the beneficiaries/qualifying family international USCIS or DOS U.S. members would be responsible for b. Costs Involving DNA Submissions Government office. Once again, DHS paying a trained professional who swabs does not have specific information The second section of this analysis his or her cheek to collect the DNA regarding the distance needed to travel evaluates the total cost of submitting sample. DHS estimates this DNA swab to an approved international facility. DNA evidence in support of a benefit test would cost the beneficiary an Furthermore, DHS expects the travel request. DHS performs this analysis by average of $100 per DNA collection.124 distance to visit an overseas U.S. first considering the fees associated with Therefore, for a DNA test conducted Government office to be higher due to submitting evidence for DNA testing. overseas, the total cost would be $540 a limited presence in most foreign Next, DHS considers the time burden for to test the first genetic relationship and countries. submitting DNA evidence. Finally, DHS $320 for each additional test.125 addresses the travel and time burden DHS does not currently track the time In the first year this rule becomes costs of traveling to an accredited AABB burden estimates for submitting DNA effective, DHS estimates there would be lab and an overseas USCIS or DOS evidence at an AABB accredited lab or a maximum of 336,650 principal facility. The compilation of these costs to a trained professional at a U.S. applicants or petitioners filing on behalf segments will comprise the total costs Government/DOS international facility. of 468,843 beneficiaries/qualifying involving new DNA submissions. Therefore, DHS does not attempt to family members based upon a claimed The process for submitting DNA quantify these specific costs in the genetic relationship. Because the DNA evidence begins when the principal proposed rule. Similarly, DHS does not testing costs decline once the first applicant or petitioner submits DNA currently track the travel cost or time genetic relationship has been tested, evidence at an accredited AABB burden for traveling to an AABB lab. DHS estimates there are 336,650 DNA laboratory, including a fee of However, most AABB labs have tests affiliated with the first DNA test approximately $440 to test the first affiliates throughout the country where and 132,193 DNA tests affiliated with genetic relationship, and $220 for each applicants and petitioners can submit additional family members.126 Based on additional test.122 The principal DNA evidence. There would be added these possibilities the total DNA testing applicant or petitioner would pay the travel/other costs involved, and DHS fees would be $224,092,760, which fee directly to the accredited AABB welcomes public comment on such comprise $181,791,000 to test a first laboratory. For beneficiaries/qualifying costs. genetic relationship and $42,301,760 to family members outside of the United Some petitioners and beneficiaries/ test additional family members with a States, a DNA testing kit is sent from the qualifying family members who submit claimed genetic relationship (Table 20).

TABLE 20—DNA TESTS AND ASSOCIATED COSTS

Eligible beneficiaries/ Principal petitioner/ qualifying family Population/fee applicant members Total (genetic relationship) (genetic relationship)

DNA Fees: Population ...... 336,650 132,193 468,843 Test Fees ...... $540.00 $320.00

Total Cost ...... $181,791,000 $42,301,760 $224,092,760 Source: USCIS Analysis using data from USCIS Office of Performance and Quality (OPQ) and Refugee, Asylum and International Operations.

Because DHS does not know with present the following sensitivity percentage of beneficiaries/qualifying certainty how many individuals would analysis in order to cover potential family members who would be eligible be requested or required (or would elect range of costs. Table 21 shows the range to submit DNA evidence in support of to submit) DNA evidence to be used to of values for the percentage of principal a benefit request under this proposed verify a claimed genetic relationship, we applicants or petitioners and the rule.

TABLE 21—TOTAL RANGE OF COSTS FOR SUBMITTING DNA EVIDENCE

Number of Percent of principal petitioners/applicants and dependents submitting DNA evidence principal Number of Total cost petitioners dependents

10% ...... 33,665 46,884 $22,409,276 20% ...... 67,330 93,769 44,818,552

122 United States Department of State, P–3 124 USCIS International Operations Division (IO) Overseas) = $220 DNA Test + $100 Swab Fee = Frequently Asked Questions: DNA, Bureau of in the Refugee, Asylum, and International $320. Population, Refugees, and Migration, Bureau of Operations Directorate (RAIO) estimates $100 for 126 Calculation: 468,843 beneficiaries/qualifying Population, Refugees, and Migration. such costs. family members with a claimed biological 123 DHS expects most DNA tests for dependents 125 Calculation (total DNA Cost when 1st relationship—336,650 principal applicants or to occur at an overseas facility. However, it is Beneficiary is Residing Overseas) = $440 DNA Test possible for a dependent to submit their DNA + $100 Swab Fee = $540. Calculation (total DNA petitioners = 132,193 DNA tests for additional evidence at an AABB lab. Cost for Each Additional Beneficiary Residing family members.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56383

TABLE 21—TOTAL RANGE OF COSTS FOR SUBMITTING DNA EVIDENCE—Continued

Number of Percent of principal petitioners/applicants and dependents submitting DNA evidence principal Number of Total cost petitioners dependents

30% ...... 100,995 140,653 67,227,828 40% ...... 134,660 187,537 89,637,104 50% ...... 168,325 234,422 112,046,380 60% ...... 201,990 281,306 134,455,656 70% ...... 235,655 328,190 156,864,932 80% ...... 269,320 375,074 179,274,208 90% ...... 302,985 421,959 201,683,484 100% ...... 336,650 468,843 224,092,760

DHS will not attempt to discount all discount, are, in millions, $191.2, and correspond to the undiscounted of the range, above, and instead $955.8, and $1,720.4. In order again, the figures in Table 21. Having parsed out provides low, midrange, and high-end ten-year discounted present values at a the biometrics (which includes the estimates. Since it is reasonable to 7 percent rate of discount, are, in service fees and NTA fees) costs and the assume that some collection will occur, millions, $157.4, $787.0, and $1,416.5. DNA-related costs, the two bins can but, that it will not be complete (100 The biometrics consist of a photograph, next be collated to estimate the total percent), we set the range values at 10, fingerprints, and signature to conduct costs of the proposed rule. For this we 50, and 90 percent. In that order, the identity, eligibility, national security, present Table 22, which provides the undiscounted ten-year costs in millions criminal history background checks, undiscounted and discounted costs are $224.1, $1,120.5, and $2.016.8. In and in certain situations, biological based on the three DNA data-range order again, the ten-year discounted average annualized equivalence costs points suggested above. present values at a 3 percent rate of are the same at either rate of discount

TABLE 22—TOTAL MONETIZED COSTS OF THE PROPOSED BIOMETRICS RULE [Millions]

DNA-low DNA-midrange DNA-high (10%) (50%) (90%)

10 year costs: • Undiscounted ...... $3,204.1 $4,100.5 $4,996.9 • 3% discount ...... 2,733.2 3,497.8 4,262.4 • 7% discount ...... 2,250.4 2,880.0 3,509.6 Average Annual: • Undiscounted ...... 320.4 410.0 499.7 • 3% discount ...... 320.4 410.0 499.7 • 7% discount ...... 320.4 410.0 499.7

c. Costs to the Federal Government increase would represent an increase of smaller corresponding biometric 2.17 million annual biometric processing prices.127 For example, Table Under the proposed rule, three cost submissions and pull up the general 23 provides an illustrative example of modules could impact the Federal collection rate across all USCIS forms the pricing mechanism for a USCIS Government. The first cost module is above 70 percent. District. This particular district has a attendant with the capacity of DHS to The DHS ASC contract was designed monthly fixed cost of $25,477.79, which process biometrics for additional to be flexible in order to process varying would cover all biometric submissions populations. As previously stated, the benefit request volumes. The pricing under a volume of 8,564. However, the population that would submit mechanism within this contract price per biometric submission biometrics at an ASC would increase embodies such flexibility. Specifically, decreases from an average cost of $6.66 due to elimination of the age restrictions the ASC contract is aggregated by USCIS for volumes between a range of 8,565 and the expansion of collection across a District and each District has five broadened set of form types. In annual volume bands with its pricing and 20,524 to an average of $5.19 once terms, the population that would submit mechanism. As a general principle, the the total monthly volume exceeds biometrics would increase from a pricing strategy takes advantage of 63,503. In other words, average cost is baseline volume of 3,900,561 to an economies of scale in that larger a decreasing function of the biometrics estimated volume of 6,070,986. This biometric processing volumes have submissions volume.

127 Economies of scale is a technical term that is quantity of output produced (in this case more biometric service appointments) the lower the per- used to describe the process whereby the greater the unit fixed cost or per-unit variable costs.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56384 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

TABLE 23—ILLUSTRATIVE PRICING MECHANISM FOR A DISTRICT PROCESSING BIOMETRIC APPOINTMENTS

Volume District X band Min volume Max volume Costs

Baseline: Fixed price per month ...... AA ...... 0 8,564 $25,477.79 Fixed price per person processed ...... AB ...... 8,565 20,524 6.66 Fixed price per person processed ...... AC ...... 20,525 31,752 5.94 Fixed price per person processed ...... AD ...... 31,753 63,504 5.53 Fixed price per person processed ...... AE ...... 63,505 95,256 5.19 Source: USCIS, Immigration Records and Identity Services Directorate (IRIS).

In addition, the maximum monthly example of the costs that may be different communication networks (e.g., volume of biometric submissions incurred by the Federal Government. network carriers such as AT&T and allowed by the current ASC contract is The camera that is currently used to Verizon); and, ensure enough flexibility 1,633,968 and the maximum annual collect an applicant, petitioner, to accommodate individuals with volume is 19,607,616. It is important to beneficiary or sponsor’s photograph has various physical characteristics, but note that these are theoretical volumes, a unit cost of $471.128 Under the does not know yet how many such as DHS has never processed this many proposed rule, a camera that has the devices it may need to procure.130 At applicants in a month or in a year. capacity to collect iris image or facial this time, DHS is not planning to However, based on the current ASC recognition would cost an average of procure expensive or specialized contract, DHS expects that an additional $650, representing an additional cost of equipment to collect an individual’s 2.17 million biometric submissions per $179 per camera.129 DHS does not know voice print. DHS cannot predict the year would not impact DHS’ ability to yet whether existing cameras could be costs of such equipment at this time. process these additional populations. In upgraded to collect iris images and The third cost module involves the addition, DHS does not expect the facial recognition, so it is possible that costs of facilitating DNA collection to Federal Government to incur additional the rule would result in costs equal to establish or verify a claimed genetic costs as a result of the additional the full costs of replacing cameras ($650 relationship. As previously stated, volumes that may submit biometrics plus any costs of removing old cameras individuals submitting DNA evidence in under the proposed rule due to the and installing new ones). However, DHS the United States would be responsible diminishing cost structure presented in believes that because the current for paying the associated DNA testing Table 23. Stated differently, even cameras were purchased in 2016, USCIS fees. However, when the applicant, though volumes could vary from those likely would have refreshed these petitioner, or beneficiary/qualifying estimated in this analyses, the upper cameras before the implementation date family member submits DNA evidence bound on the maximum volume of this rule, even in the absence of the outside of the United States, DHS stipulated by the ASC contract is many rule. facilitates DNA collection at USCIS Under the proposed rule, palm print times greater than the realistic volume Government offices or, if USCIS does may also be used for identity increase due to the proposed rule (and not have an office in that country, DOS management in the immigration is in fact greater than the total volume has agreed to facilitate collection of lifecycle. While DHS currently has the of USCIS filings). It is noted here that DNA. equipment that could collect the palm our claim against rising costs to ASCs is DHS does not currently charge a fee based on the total volume of the ASC print of an individual, there may be some computing software updates that for facilitating the collection of DNA. At contract and the total volume of this time, DHS plans to incur all future expected biometric submissions; and, would need to be modified to accommodate the appropriate collection costs for facilitating the collection of the example we provided showing DNA evidence. As previously stated, decreasing unit costs (on average) was of this biometric evidence. Although DHS does not have cost estimates for DOS facilitates the collection of DNA for a specific USCIS processing district. and USCIS reimburses DOS on a per It is possible that for any individual such software or any associated information technology typology at this case basis. Table 24 provides a summary district, the volume of new biometrics of costs associated with DNA collection submissions might pull the totals to a time, it has no reason to expect that such software updates would impose facilitated by DOS. From FY 2015 to FY level that would surpass the budget significant costs. Another modality that 2017, USCIS paid DOS an average of allocation for that district. If this occurs, may be used to collect biometrics is $263.95 per DNA collection facilitated costs could conceivably rise or budgets related to an individual’s voice print. It by DOS.131 Of the average 11,383 DNA may need to be increased. While the is possible to collect a voice print using tests that were used to establish a above discussion centers on USCIS standard electronic equipment such as genetic relationship annually between budgetary costs, it is possible that real microphones installed in cell phones, FY 2015 and FY 2017, DHS facilitated resource costs to the economy could desk phones, computers, and laptops. 53.7 percent 132 and DOS facilitated 46.3 accrue to higher volumes. percent.133 The second cost module accrues to However, USCIS, in collaboration with the ability to use and implement the DHS Science and Technology, is searching for a cost-effective and 130 The device would have similar features to a proposed modalities, such as iris and webcam and it would be able to adjust for a facial images, palm print, and voice ergonomic device that will ensure, among other things, the quality of the person’s height. print, to collect biometrics in support of 131 Calculation: $1,390,595 Average Cost/5,268 a benefit request. Although DHS is not recording; provide consistency across average number of DNA tests = $263.95 (rounded). currently able to quantify the aggregate 132 Calculation: 6,115 USCIS-facilitated DNA 128 Source: USCIS, IRIS. tests/11,383 total DNA tests = 53.72 percent cost for implementing the proposed 129 Calculation: $650¥$471 = $179 additional (rounded). modalities, it does calculate a unit cost cost to purchase a camera that can collect iris print 133 Calculation: 5,268 DOS-facilitated DNA tests/ estimate to provide an demonstrative or facial images. 11,383 total DNA tests = 46.28 percent (rounded).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56385

DHS is unable to project how many request DNA when a claimed genetic people will receive a request from new DNA tests facilitated by DOS will relationship cannot be verified through USCIS to appear for DNA collection, but take place annually. DHS will not be other/documentary means. In addition, will fail to appear (resulting in no conducting a DNA test for all the applicants can volunteer on their own to collection). For the reasons, projecting a applications or petitions where a genetic submit DNA, but DHS has no method to number is difficult. relationship is relevant or claimed. project the number of people who will Instead, DHS will only require or submit it. Additionally, a percentage of

TABLE 24—USCIS COSTS PER OVERSEAS DNA COLLECTION FACILITATED BY DOS [FY 2015–FY 2017]

Avg. cost per # of DNA # of DNA Total DNA Total cost DNA test Fiscal year collections collections tests for DOS facilitated (USCIS) (DOS) facilitation by DOS

2015 ...... 7,769 5,748 13,517 $1,862,697 $324.06 2016 ...... 6,735 5,961 12,696 1,368,646 229.60 2017 ...... 3,841 4,096 7,937 940,442 229.60

Total ...... 18,345 15,805 34,150 4,171,785

Average ...... 6,115 5,268 11,383 1,390,595 263.95 Source: USCIS analysis using data from Refugee, Asylum and International Operations.

d. Benefits to the Federal Government, with the ability to limit identity fraud DHS would be able to use biometrics to Applicants, Petitioners, Sponsors, because biometrics are unique physical verify a child’s identity, which would Beneficiaries, Requestors, or Individuals characteristics and more difficult to be particularly useful in instances Filing an Immigration Request falsify. In addition, using biometrics for where biometrics are used to verify the The proposed rule provides identity verification would reduce the identities of UAC and AAC. individuals requesting certain administrative burden of manual paper There could be some unquantified immigration and naturalization benefits review involved in verifying identities impacts related to privacy concerns for with a more reliable system for verifying and performing criminal history checks. risks associated with the collection and their identity when submitting a benefit The proposed rule would also retention of biometric information, as request. This would limit the potential enhance the U.S. Government’s discussed in DHS’s Privacy Act for identity theft and reduce the capability to identify criminal activity compliance documentation. However, likelihood that DHS would not be able and protect vulnerable populations. For this rule would not create new impacts to verify an individual’s identity and example, the proposed provision to in this regard but would expand the consequently deny an otherwise collect biometrics of U.S. citizen and population that could have privacy approvable benefit. In addition, the lawful permanent resident petitioners of concerns. Finally, the provisions proposed in proposed rule would allow individuals family-based immigrant and ´ this biometrics rule provide DHS with to use DNA testing as primary or nonimmigrant fiance(e) petitions would the flexibility needed to implement, and secondary evidence to establish or enable DHS to determine if a petitioner are conducive to and compatible with, verify a claimed genetic relationship.134 has been convicted of certain crimes the USCIS evolution toward a person- According to AABB, DNA testing under the AWA and IMBRA. The centric model for organizing and provides the most reliable scientific test proposed rule would also improve the managing its records, enhanced and currently available to establish a genetic capability of the U.S. Government to continuous vetting, and a reduced relationship.135 Therefore, DNA testing combat human trafficking, child sex dependence on paper documents. would give individuals the opportunity trafficking, forced labor exploitation, to demonstrate a genetic relationship and alien smuggling. Currently, 5. Other Impacts individuals under the age of 14 do not using a more expedient, less intrusive, DHS does not expect that the and more effective technology than the routinely submit biometrics in support of a benefit request. As a result, DHS’ proposed rule would create impacts to blood tests currently provided for in the system for verifying the identity of the national labor force or that of regulations. See 8 CFR 204.2(d)(2)(vi) individual states. In addition, DHS does The proposed rule would provide a vulnerable children is not as robust as it could be. For example, a vulnerable not expect tax impacts or any benefit to the U.S. Government by distributional impacts from the enabling DHS to know with greater child with similar biographical characteristics to a child who has lawful proposed rule. certainty the identity of individuals In the below supplemental section, requesting certain immigration and immigration status in the United States may be moved across the border under information and data is provided naturalization benefits. The expanded concerning additional DHS component use of biometrics would provide DHS the assumed identity of that other child, although DHS does not have specific activity linked to this proposed rule. data to identify the entire scope of this 134 Currently, DNA evidence is only used as _ _ _ problem.136 publications/20 0115 plcy human-trafficking- secondary evidence, after primary evidence (e.g., Under the proposed rule, forced-labor-child-exploit-strategy.pdf. See also, medical records; school records) have proved ‘‘ICE HSI El Paso, USBP identify more than 200 inconclusive. 136 See generally, Department of Homeland ’fraudulent families’ in last 6 months,’’ ICE News 135 AABB, Standards for Relationship Testing Security Strategy to Combat Human Trafficking, the Release, dated October 17, 2019. https:// Laboratories, App. 9—Immigration Testing. (13th Importation of Goods Produced with Forced Labor, www.ice.gov/news/releases/ice-hsi-el-paso-usbp- ed. Jan. 1, 2018), available at http://www.aabb.org/ and Child Sexual Exploitation (January 2020). identify-more-200-fraudulent-families-last-6- sa/Pages/Standards-Portal.aspx. https://www.dhs.gov/sites/default/files/ months.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56386 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

Summary impact will be informing and retraining multiple databases managed by the FBI. Under this proposed rule DHS will staff of the change. The results from this query will reveal authorize biometric collection from Background the individual’s immigration history, including past removal orders, criminal aliens regardless of age during Currently, the use of DNA is almost enforcement actions requiring identity charges, or historical custodial exclusively used to support the information from CBP or ICE. verification. In addition, DHS will be investigation of criminal cases when ICE authorized collect biometrics, such as is prosecuting aliens. The removal of As part of current procedures, ICE DNA, to verify claimed genetic age limits for the collection of collects fingerprints from aliens relationships in cases where we suspect biometrics and simultaneously (between the ages of 14 years and 79 fraud. The authority to collect authorizing DNA testing in order to years) when they are first encountered biometrics without any age restrictions verify a claimed genetic relationship and when they are being removed. In FY will aid in criminal investigations or to under the proposed rule will assist ICE 2018, ICE made 158,581 administrative identify victims in human trafficking in performing functions necessary for arrests, which includes the taking of cases and child smuggling. effectively administering and enforcing fingerprints and, if it is the individual’s As a result of this proposed rule, DHS immigration and naturalization laws. first encounter with DHS, creating a file. will be able to collect the biometrics of Currently, when ICE arrests an alien, As part of the removal process, ICE will all minors during their initial fingerprints are collected as part of the take a person’s fingerprints again to immigration enforcement processing, process of building an A-file on the verify identity prior to departure; in FY which will require some operational alien. A handheld mobile biometrics 2018, 256,085 individuals were changes for agents in the field. No new application called ‘‘EDDIE’’ is used to removed, including 2,711 family units resources or system changes would be facilitate the collection and (at least one adult and one child) and required as a result of this proposed recordkeeping of aliens in ICE custody. 5,571 UAC. Table S1 provides data on rule. The current equipment, including This handheld application effectively ICE arrests and removals, noting that the mobile biometrics units and the and efficiently collects fingerprints and ICE ‘‘Arrests’’ represent only arrests by databases used to record the case files photographs in about 30 seconds, which ICE law enforcement personnel, are of aliens in custody, have the are then transferred to IDENT. generally within the boards of the capabilities and capacity to include Collecting biometrics is essential to continental United States, and do not biometrics for the new population determining what action to take in an include the cases that CBP initially cohorts of under 14 years old and over individual’s immigration case. ICE does apprehends and referrers to ICE for 79 years old. The most significant this by sending a query to IDENT and detention.

FY 2016 FY 2017 FY 2018

Table S1(A)—ICE Arrests 137

Administrative Arrests ...... 110,104 143,470 158,581

Table S1(B)—ICE Removals 138

Adult ...... 240,255 226,119 256,085 Family Units ...... 1,728 2,326 2,711 UAC ...... 2,545 3,598 5,571

Currently, ICE collects DNA in two trafficking, foreign government considered a negative match under ICE’s limited situations, first, on a case-by- corruption, and child exploitation. Rapid DNA testing.139 case basis to identify instances of DHS initiated a pilot program in FY Population fraudulent claims of biological 2019 to combat fraudulent family claims relationships at the border and, second, using Rapid DNA testing kits provided As part of its enforcement actions, ICE through a contract with a vendor for to support the investigation of criminal encounters two types of minors, those $5.28 million. The contract included an prosecutions. This NPRM relates to the accompanied by an adult purported first ICE purpose of DNA collection, estimated 50,000 DNA testing kits, and equipment to enable the collection of family member and those not specifically, to identify instances of DNA from an individual using a cheek accompanied by an adult family fraudulent claims of biological swab, and running an analysis using a member. All minors will go through relationships at the border. This fraud desktop unit. Results from this process ICE’s current initial book-in process, scheme generally involves adult non- takes approximately 90 minutes. The which includes collecting fingerprints U.S. persons and unrelated children collection of Rapid DNA profiles for and, when needed, a photograph. posing as family units to DHS identification and comparison can only However, under the proposed rule authorities. Family unit fraud can lead be applied for determining if a family minors, regardless of age, will also have to, or stem from, other crimes, including unit exists. As such, any Rapid DNA their biometrics collected and enrolled immigration violations, identity and profile match that is less than a parent- in IDENT. Table S2 breaks out ICE benefit fraud, alien smuggling, human child match (i.e., less than a 99.5 UACs Taken into custody be certain age percent DNA profile match) will be groups.

137 Fiscal Year 2018 ICE Enforcement and 138 Id. files/publications/privacy-pia-ice-rapiddna-june Removal Operations Report, available at: https:// 139 Privacy Impact Assessment for the Rapid DNA 2019_1.pdf. www.ice.gov/doclib/about/offices/ero/pdf/ Operational Use https://www.dhs.gov/sites/default/ eroFY2018Report.pdf.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56387

TABLE S2—UACS TAKEN INTO ICE CUSTODY

FY 2018 YTD Age groups FY 2015 FY 2016 FY 2017 (4/21/2018)

0–4 years ...... 674 1,176 853 549 5 years–14 years ...... 9,466 17,096 11,300 5,310

The removal of age restrictions authority to collect biometrics for 235.1. CBP has the same authority, and associated with biometrics collection, individuals applying for admission to restrictions, for those departing the specifically those found at 8 CFR 215.8 the United States at points of entry United States at POEs. See 8 CFR 215.8. and 8 CFR 235.1, will also impact CBP (POEs) only if they are age 14 and above CBP data on applicants for admission operations. CBP currently has the and under the age of 79. See 8 CFR are included below at Table S3.

TABLE S3—CBP GENERAL ADMISSIONS DATA

Passenger volume (arrivals) FY 2018 FY 2019

Alien/Non-Immigrant ...... 185,593,344 187,851,637 <14 ...... 13,756,960 13,460,997 >79 ...... 1,788,112 1,825,199

The new populations for purpose of inform the staff of the change in employee’s time. All ERO staff at this rule are the ‘‘under 14’’ and ‘‘over operational procedures for booking in headquarters, in the field, and at the 79’’ only. Additionally, it should be minors. DHS’ equipment used for academy will be required to take the noted that CBP biometric collection at collecting biometrics and the systems training which will cost approximately the POEs is fundamentally different that house the information will not be $288,373 in the first year. In September than USCIS biometric collection at the impacted. DHS has enough mobile 2019, there were 6,814 ERO staff ASCs. Unlike collection at the ASCs, biometric devices to meet the needs of nationally across 24 field offices, the there is no appointment made, no time ICE as a result of this rule. average Federal Government General to travel to a collection site, no ERO guidance on biometric collection Schedule (GS) pay scale for staff in the biometrics services fee, and CBP is not will announce via a broadcast message, field was a GS 10. In September 2019, charged a fee by the FBI for criminal and in the training academy where there were 1,001 ERO staff, the average history information (where necessary). agents are instructed in the proper GS at headquarters was a GS 12. During Furthermore, CBP does not currently procedures for biometric collection. FY 2018, there were 326 new agents at track all departures from the United Lastly, the annual refresher training the academy who would spend an States POEs. For purposes of this required of all ERO staff will also need estimated one hour on the correct economic analysis, DHS assumes that to be updated to reflect the elimination procedures for biometrics collection. every individual who enters of age restrictions for biometrics. After The cost of informing all of ERO would subsequently departs, so CBP would the first year there will only be the occur within the first year, and no new have the authority to collect biometrics reoccurring cost of the annual refresher additional training would be required for the departing populations under 14 training and the instructions given at after the first year. The current refresher and over 79 as well. the training academy. training on biometrics collection would The new guidance and training be updated to no longer include the age Costs and Benefits required as a result of removing the age restrictions for biometrics, but would The costs of the proposed rule to DHS restrictions for biometrics collection not require retraining of current will stem from new guidance that will will take on average one hour of each procedures.

TABLE S3—EXPECTED TRAINING COSTS

Headquarters Field offices Academy Total

Size of ERO Staff ...... 1,001 ...... 6,814 ...... 326 ...... 8,141 Average GS level ...... GS–12 step 07 GS–10 step 07 GS–8 step 01.

Total cost for per hour of training ...... $47,998 ...... $233,099 ...... $7,276 ...... $288,373

The proposed changes will result in age restrictions to allow the biometrics components to identify previously numerous operational benefits, such as collection for minors, DHS can identify encountered aliens quickly and improving the identification of all situations where a minor was trafficked accurately, the rule efforts helps to minors throughout the duration of their multiple times or smuggled by preserve DHS resources and improve immigration cases, and will help DHS transnational organized crime groups to records management. better protect vulnerable populations the U.S. border. Using DNA to verify This rule generally does not propose from human trafficking, child sex claimed genetic relationships is the to authorize CBP or ICE to expand trafficking, forced labor exploitation, most effective tool to deter fraud and biometrics collections beyond either and alien smuggling. By removing the trafficking. Further, by allowing DHS agency’s current, independent

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56388 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

authorities. However, this rule does impacted will not involve small entities. that a significant number of regional propose to authorize CBP and ICE to DHS estimates that about 2.17 million centers may be small entities. However, expand their current biometrics individuals and entities could be DHS cannot conclusively determine the collections for immigration benefit impacted by this proposed rule annually impact of this proposed rule on those requests to individuals under the age of in terms of incurring monetized costs. small entities. 14 and authorizes collection of Almost all of this total involves a. Description of the Reasons Why the additional biometrics modalities. DHS individuals who would submit Action by the Agency Is Being proposes to collect biometrics, without biometrics in support of individual Considered regard to age, upon apprehension, benefit requests which are not covered arrest, or repatriation for purposes of by the RFA. However, the population While DHS has the authority to processing, care, and custody of aliens. accruing to regional centers, which are collect biometrics from any applicant, DHS anticipates that this rule will assist the regional center principals, could be petitioner, sponsor, beneficiary, or ICE and CBP in identifying fraudulent considered entities in terms of the RFA. requestor, or individual filing a benefit familial relation claims at the border Therefore, DHS has prepared an initial request, biometrics are only mandatory and upon apprehension. Collecting regulatory flexibility analysis (IRFA). In for certain benefit requests. For all DNA to verify a claimed genetic addition, DHS will discuss one others, USCIS must decide if the request relationship with an accompanying hypothetical scenario that could involve justifies collection of biometrics and, if adult would aid DHS with the small entities. so, notify the individual of where they identification and care of UACs. In FY will be collected. DHS has decided that 1. Initial Regulatory Flexibility Analysis 2017 ICE had 12,153 minors under the this focus on background checks and age of 14 in custody, and in FY 2018 Under the Regional Center Program, document production is outdated (year to date 4/21/2018) there were a foreign nationals base their EB–5 because immigration benefit request total of 5,859 minors under the age of petitions on investments in new adjudication includes verifying identity 14 in ICE custody. commercial enterprises (NCEs) located and determining whether or not the DHS recognizes that some individuals within ‘‘regional centers.’’ DHS individual poses a risk to national who submit biometrics/DNA could regulations define a regional center as security or public safety, in those possibly be apprehensive about doing so an economic unit, public or private, that instances where these factors may and may be have concerns germane to promotes economic growth, including impact eligibility for an immigration privacy, intrusiveness, and security Data increased export sales, improved benefit. DHS has decided that it is security can be considered a cost. For regional productivity, job creation, and necessary to increase the use of example, companies insure against data increased domestic capital investment. biometrics from determining when breaches, as the insurance payment can The small entity status of regional biometrics may or should be collected be a valuation proxy for security. In centers is difficult to assess because in a case, to requiring routine biometric terms of this proposed rule, data there is a lack of official data on collections from individuals associated security is an intangible cost, and we do employment, income, and industry with certain immigration benefits. not rule out the possibility that there are classification for these entities, Therefore, DHS proposes in this rule costs that cannot be monetized that primarily because these centers that any applicant, petitioner, sponsor, accrue to aspects of privacy and data generally are not actual businesses. beneficiary, or individual filing or security. Finally, DHS notes that based Such a determination is also difficult associated with a benefit or other on the discussion above, a salient because regional centers can be request, including U.S. citizens and estimate of future ICE and CBP structured in a variety of different ways, without regard to age, must appear for biometrics collections cannot be and can involve multiple business and biometrics collection, unless USCIS determined. Furthermore, the logistics financial activities, some of which may waives or exempts the requirement. associated with such collections are not play a direct or indirect role in linking b. Succinct Statement of the Objectives expected to impose costs to CBP or ICE. investor funds to new commercial and Legal Basis the Proposed Rule However, DHS cannot rule out the enterprises and job-creating projects or possibility that there could be costs that entities. DHS was not able to identify The changes proposed in this rule cannot be presently identified. DHS most of the entities in any of the public would provide DHS with the flexibility welcomes public comment on this and or private databases. For purposes of the to change its biometrics collection related topics. small entity analysis, DHS did not focus practices and policies to ensure that on the bundled capital investment DHS can make adjustments necessary to B. Regulatory Flexibility Act amounts (either $1 million or $500,000 meet emerging needs, such as national The Regulatory Flexibility Act of 1980 minimum per investor) that currently security, public safety, or fraud (RFA), 5 U.S.C. 601–612, as amended by are invested into an NCE. Such concerns; enhance the use of biometrics the Small Business Regulatory investments amounts are not indicative beyond national security and criminal Enforcement Fairness Act of 1996, of whether the regional center is history background checks and Public Law 104–121 (March 29, 1996), appropriately characterized as a small document production, to include requires federal agencies to consider the entity for purposes of the RFA. Due to identity management in the immigration potential impact of regulations on small the lack of regional center revenue data, lifecycle and enhanced vetting, to lessen entities during the development of their DHS assumes regional centers collect the dependence on paper documents to rules. The term ‘‘small entities’’ revenue primarily through the prove identity and familial relationships comprises small businesses, not-for- administrative fees charged to investors. and preclude imposters; and improve profit organizations that are not DHS was able, despite data constraints, the consistency in biometrics dominant in their fields, and to obtain some information under some terminology within DHS. governmental jurisdictions with specific assumptions to develop a USCIS has broad general and specific populations of less than 50,000. methodology to analyze the small entity authority to collect or require DHS has reviewed this regulation in status of regional centers, as will be submission of biometrics from accordance with the RFA and believes explained in detail under section D. In applicants, petitioners, and beneficiaries that the vast majority of the population summary, DHS was able to determine for immigration benefits. Section 103(a)

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56389

of the INA, 8 U.S.C. 1103(a), provides of 8. These results indicate that the management in the immigration general authority to DHS to administer median is a proper measure for central lifecycle and vetting of both the and enforce immigration laws, location. Next, DHS analyzed the petitioner and the beneficiary, but for including issuing forms, regulations, administrative fees in the cohort. The the petitioner it would be on a case-by- instructions, other papers, and such distribution is tight (or clustered closely case basis, not a routine biometrics other acts the Secretary deems necessary together) with both the mean and collection. For such an instance, USCIS to carry out the INA. The INA also median at $50,000. Next DHS estimated may need to verify identity or screen for provides specific authority for DHS to revenues for each regional center in the fraud, but the likelihood of such a collect or require submission of analytical cohort by multiplying the scenario is remote. Hence DHS expects total number of investors who filed a biometrics in several sections, as is minimal to no impact to small entities Form I–526 per regional center by its described more fully in the preamble. under this possible scenario. DHS administrative fee, which yielded a c. Description and Estimate of the median revenue amount of $1,250,000 welcomes public comment on the small Number of Small Entities To Which the over the period considered. To entity status and any potential impacts Proposed Rule Will Apply determine the appropriate size standard to such small entities involving EB–5 To perform the small entity analysis, for the regional centers, DHS regional centers or other entities. DHS reviewed data from Form I–924 extensively reviewed various NAICS c. Description of the Projected submissions. Specifically, DHS codes. DHS determined that NAICS Reporting, Recordkeeping, and Other reviewed certain data for 574 regional code 522310, Mortgage and Compliance Requirements of the Nonmortgage Loan Brokers defined as centers with approved Forms I–924 in Proposed Rule, Including an Estimate of an ‘‘industry [that] comprises FY 2017, that actually had Form I–526 the Classes of Small Entities Which Will establishments primarily engaged in investment petitions submitted under Be Subject to the Requirement and the their purview that year, such as the arranging loans by bringing borrowers Type of Professional Skills Necessary administrative fee that the regional and lenders together on a commission or for Preparation of the Report or Record center may charge to investors as well fee basis,’’ may be an appropriate as plans and projections concerning NAICS industry in which regional This rule would not directly impose investors. DHS assumes that these centers might be found given the typical any reporting, recordkeeping, or other activities undertaken by regional center- administrative fees contribute to the compliance requirements on small 140 associated NCEs (loaning EB–5 capital revenues of regional centers. Thus, to entities. Additionally, this rule would approximate regional center revenue, to the job-creating entities) and the role typically undertaken by regional centers not require any additional professional DHS multiplied the administrative fees skills. by the number of associated EB–5 in facilitating those activities. The SBA investors who filed a Form I–526 per size standard for the NAICS category d. Identification, to the Extent regional center. chosen is based on a revenue of $7.5 Practicable, of All Relevant Federal DHS obtained the number of investors million. DHS compared the revenues of Rules That May Duplicate, Overlap or per regional center and proceeded to the 95 regional centers against this size Conflict With the Proposed Rule refine the regional center cohort by standard and concludes that removing regional centers that did not approximately 89 percent of regional DHS is unaware of any relevant have relevant data, that have been centers may be small entities for the federal rule that may duplicate, overlap, terminated, and that had no affiliated purposes of this IRFA. or conflict with the proposed rule. Form I–526 petitions associated with While DHS believes the methodology e. Description of Any Significant them (as those would present no described in this section can lead to information that could be used in the reasonable assumptions on the number Alternatives to the Proposed Rule analysis). For the purposes of this of small entities that may be regional Which Accomplish the Stated analysis, DHS assumes that each Form centers, DHS still cannot determine the Objectives of Applicable Statutes and I–526 associated with a regional center exact impact of this rule on those small Which Minimize Any Significant represents an instance in which the entities from the proposal. For example, Economic Impact of the Proposed Rule regional center will receive an if the costs related to biometrics and the on Small Entities service fee are incurred to regional administrative fee that will contribute to centers via the principal, it is possible DHS is not aware of any alternatives the regional center’s revenue. Although that the costs could be passed on to to the proposed rule that accomplish the DHS cannot assume that administrative investors. Furthermore, we have fees are paid when the forms are filed, stated objectives and that would identified the population related to this analysis assumes the fees will be minimize the economic impact of the Form I–924 and Form I–924A based on paid eventually. proposed rule on small entities as this investor submissions in 2018. The entire For the approved regional centers that rule imposes no direct costs on small cohort of 884 currently approved had data available for analysis, we entities. If there are costs incurred to regional centers could also be obtained a cohort of 95 regional centers small entities, the costs would be considered small entities since they that were associated with 6,308 indirect since they accrue to the could, in any future year, also have regional center principal rather than individual investors. Analysis reveals submissions under their purview. directly to the regional center. that the number of investors per In addition to the discussion of regional center varies substantially, with regional centers, DHS also highlights a Biometrics are a unique system for a range of 2,272. The distribution is possible scenario that could involve identity vetting and management and highly right-skewed, with a mean of 85, small entities. In some cases, a U.S. DHS does not believe there are a median of 39, and a skewness value citizen or lawful permanent resident alternatives in the context of the needs sole proprietor could petition for family outlined for the proposed rule. DHS 140 The administrative fees charged to the investor requests comments and seeks may cover various charges related to the economic members using an employment based impact analysis, legal fees, business plan form. However, in such a case the alternatives from the public that will development, and immigration services fees. biometrics would apply to identity accomplish the same objectives.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56390 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

f. Description of Combating Family Unit C. Small Business Regulatory individuals to provide biometrics Fraud at the Southern Border and the Enforcement Fairness Act of 1996 information would not result in any Impact of Immigration and Customs This proposed rule is a major rule as expenditures by the State, local, and Enforcement Use of Rapid DNA on defined by section 804 of the Small tribal governments, or by the private Small Entities Business Regulatory Enforcement Act of sector. The requirements of Title II of 1996. This proposed rule would result UMRA, therefore, do not apply, and To combat family unit fraud in the in an annual effect on the economy of DHS has not prepared a statement under immigration system, following a $100 million or more. As small UMRA. competitive solicitation process, ICE businesses may be impacted under this E. Executive Order 13132 (Federalism) contracted with a vendor to provide proposed regulation, DHS has prepared personnel and equipment to conduct a Regulatory Flexibility Act (RFA) This rule will not have substantial Rapid DNA analysis at the southern analysis. direct effects on the States, on the border. Rapid DNA, or Rapid DNA relationship between the National D. Unfunded Mandates Reform Act of analysis, is a term used to describe the Government and the States, or on the 1995 streamlined process of developing a distribution of power and DNA profile from a reference sample The Unfunded Mandate Reform Act of responsibilities among the various buccal (cheek) swab and permitting a 1995 (UMRA) is intended, among other levels of government. Therefore, in trained human technician to analyze things, to curb the practice of imposing accordance with section 6 of E.O. 13132 any inconclusive DNA results. The unfunded federal mandates on State, (Federalism), it is determined that this rule does not have sufficient federalism entire Rapid DNA testing process takes local, and tribal governments, in the aggregate, or by the private sector. Title implications to warrant the preparation approximately 90 minutes. ICE’s Rapid II of UMRA requires each federal agency of a federalism summary impact DNA testing contract cost $5.28 million to prepare a written statement assessing statement. and covered a 5-month period between the effects of any federal mandate in a F. Executive Order 12988 (Civil Justice June and November of 2019. This fixed- proposed or final agency rule that may Reform) cost contract included up to 50,000 result in a $100 million or more testing kits and 14 DNA processing expenditure (adjusted annually for This rule meets the applicable instruments. inflation) in any 1 year by state, local, standards set forth in sections 3(a) and The entity that received this contract and tribal governments, in the aggregate, 3(b)(2) of E.O. 12988, 61 FR 4729 (Feb. with ICE is not a small business or by the private sector. The value 5, 1996). equivalent of $100 million in 1995 according to the Small Business G. Paperwork Reduction Act Administration size standard for testing adjusted for inflation to 2018 levels by laboratories which is set at a maximum the Consumer Price Index for All Urban Under the Paperwork Reduction Act revenue of $16.5 million. Rather, it is Consumer (CPI–U) is $165 million. of 1995, Public Law 104–13, all agencies part of the testing laboratories industry Although this proposed rule does are required to submit to OMB, for exceed the $100 million expenditure review and approval, any reporting and in 2018 it had a total revenue of threshold in an annual year when requirements inherent in a rule. Table $18.16 million, with a total of 126 adjusted for inflation ($165 million in 24 identifies the PRA action being taken employees. 2018 dollars), this rulemaking does not on the listed information collections as contain such a mandate. Requiring a result of this rulemaking.

TABLE 24—IMPACTS TO USCIS FORMS

Form No. Form title PRA action

I–102 ...... Application for Replacement/Initial Nonimmigrant Arrival-De- No material/non-substantive change to a currently approved parture Document. collection. I–129 ...... Petition for Nonimmigrant Worker ...... No material/non-substantive change to a currently approved collection. I–129CW ...... Petition for CNMI-Only Nonimmigrant Transition Worker ...... Revision of a currently approved collection. I–129F ...... Petition for Alien Fiance´e ...... Revision of a currently approved collection. I–129S ...... Nonimmigrant Petition Based on Blanket L Petition ...... No material/non-substantive change to a currently approved collection. I–130 (I–130A) ... Petition for Alien Relative ...... Revision of a currently approved collection. I–131 ...... Application for Travel Document—Reentry Permit, Refugee Revision of a currently approved collection. Travel Document, Advance Parole Document. I–131A ...... Application for Travel Document (Carrier Documentation) ...... Revision of a currently approved collection. I–134 ...... Affidavit of Support ...... Revision of a currently approved collection. I–140 ...... Immigrant Petition for Alien Workers ...... Revision of a currently approved collection. I–191 ...... Application for Relief Under Former Section 212(c) of the Revision of a currently approved collection. INA. I–192 ...... Application for Advance Permission to Enter as Non- Revision of a currently approved collection. immigrant Pursuant to Section 212(d)(3)(A)(ii) of the INA, Section 212(d)(13) of the INA, or Section 212(d)(14) of the INA. I–212 ...... Application for Permission to Reapply for Admission into the Revision of a currently approved collection. United States after Deportation or Removal. I–290B ...... Notice of Appeal or Motion ...... No material/non-substantive change to a currently approved collection. I–360 ...... Petition for Amerasian, Widow(er), or Special Immigrant ...... Revision of a currently approved collection.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56391

TABLE 24—IMPACTS TO USCIS FORMS—Continued

Form No. Form title PRA action

I–485 ...... Application to Register Permanent Residence or Adjust Sta- Revision of a currently approved collection. tus. I–485 Sup A ...... Supplement A to Form I–485, Adjustment of Status Under Revision of a currently approved collection. Section 245(i). I–485J ...... Confirmation of Bona Fide Job Offer or Request for Job Port- Revision of a currently approved collection. ability Under INA Section 204(j). I–526 ...... Immigrant Petition by Alien Entrepreneur ...... Revision of a currently approved collection. I–539 ...... Application to Extend/Change Nonimmigrant Status ...... Revision of a currently approved collection. I–539A ...... Supplemental Information for Application to Extend/Change Revision of a currently approved collection. Nonimmigrant Status. I–566 ...... Inter-Agency Record of Request—A, G or NATO Dependent Revision of a currently approved collection. Employment Authorization or Change/Adjustment To/From A, G, NATO Status. I–589 ...... Application for Asylum and for Withholding of Removal ...... Revision of a currently approved collection. I–590 ...... Registration for Classification as a Refugee ...... Revision of a currently approved collection. I–600 ...... Petition to Classify Orphan as an Immediate Relative and Revision of a currently approved collection. Application for Advance Processing of Orphan Petition. I–600A ...... Application for Advance Processing of an Orphan Petition .... Revision of a currently approved collection. I–601 ...... Application for Waiver of Ground of Inadmissibility ...... Revision of a currently approved collection. I–601A ...... Application for Provisional Unlawful Presence Waiver ...... Revision of a currently approved collection. I–602 ...... Application by Refugee for Waiver of Grounds of Exclud- No material/non-substantive change to a currently approved ability. collection. I–612 ...... Application for Waiver of the Foreign Residence Requirement No material/non-substantive change to a currently approved of Section 212(e) of the Immigration and Nationality Act. collection. I–690 ...... Application for Waiver of Grounds of Inadmissibility ...... No material/non-substantive change to a currently approved collection. I–698 ...... Application to Adjust Status from Temporary to Permanent Revision of a currently approved collection. Resident. I–730 ...... Refugee/Asylee Relative Petition ...... Revision of a currently approved collection. I–751 ...... Petition to Remove the Conditions on Residence ...... Revision of a currently approved collection. I–765 ...... Application for Employment Authorization ...... Revision of a currently approved collection. I–765V ...... Application for Employment Authorization for Abused Non- Revision of a currently approved collection. immigrant Spouse. I–817 ...... Application for Benefits Under the Family Unity Program ...... Revision of a currently approved collection. I–821 ...... Application for Temporary Protected Status ...... Revision of a currently approved collection. I–821D ...... Request for Deferred Action for Childhood Arrival ...... No material/non-substantive change to a currently approved collection. I–824 ...... Application for Action on an Approved Application ...... No material/non-substantive change to a currently approved collection. I–829 ...... Petition by Entrepreneur to Remove Conditions ...... Revision of a currently approved collection. I–864 ...... Affidavit of Support Under Section 213A of the Act ...... Revision of a currently approved collection. I–864A ...... Contract Between Sponsor and Household Member ...... Revision of a currently approved collection. I–864EZ ...... Affidavit of Support Under Section 213A of the Act ...... Revision. I–864W ...... Request for Exemption for Intending Immigrant’s Affidavit of Revision. Support. I–881 ...... Application for Suspension of Deportation or Special Rule Revision of a currently approved collection. Cancellation of Removal (Pursuant to Sec. 203 of Pub. L. 105–100). I–90 ...... Application to Replace Permanent Resident Card ...... No material/non-substantive change to a currently approved collection. I–907 ...... Request for Premium Processing Service ...... Revision of a currently approved collection. I–914 ...... Application for T Nonimmigrant Status; Application for Imme- Revision of a currently approved collection. diate Family Member of T–1 Recipient; & Declaration of Law Enforcement Officer for Victim of Trafficking in Per- sons. I–914A ...... Supplement A to Form I–914, Application for Family Member Revision of a currently approved collection. of T–1 Recipient. I–914B ...... Supplement B to Form I–914, Declaration of Law Enforce- Revision of a currently approved collection. ment Office for Victim of Trafficking in Persons. I–918 ...... Petition for U Nonimmigrant Status ...... Revision of a currently approved collection. I–918A ...... Form I–918, Supplement A, Petition for Qualifying Family Revision of a currently approved collection. Member of U–1 Recipient. I–918B ...... Form I–918, Supplement B, U Nonimmigrant Status Certifi- Revision of a currently approved collection. cation. I–924 ...... Application for Regional Center Under the Immigrant Investor Revision of a currently approved collection. Pilot Program. I–924A ...... Annual Certification of Regional Center ...... Revision of a currently approved collection. I–929 ...... Petition for Qualifying Family Member of a U–1 Non- Revision of a currently approved collection. immigrant. N–300 ...... Application to File Declaration of Intention ...... Revision of a currently approved collection. N–336 ...... Request for Hearing on a Decision in Naturalization Pro- Revision of a currently approved collection. ceedings Under Section 336.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56392 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

TABLE 24—IMPACTS TO USCIS FORMS—Continued

Form No. Form title PRA action

N–400 ...... Application for Naturalization ...... Revision of a currently approved collection. N–470 ...... Application to Preserve Residence for Naturalization ...... Revision of a currently approved collection. N–565 ...... Application for Replacement Naturalization/Citizenship Docu- Revision of a currently approved collection. ment. N–600 ...... Application for Certificate of Citizenship ...... Revision of a currently approved collection. N–600K ...... Application for Citizenship and Issuance of Certificate Under Revision of a currently approved collection. Section 322.

1. Various USCIS Forms (3) Enhance the quality, utility, and collection: The estimated total annual clarity of the information to be cost burden associated with this Under the PRA, all agencies are collected; and collection of information is $459,253. required to submit to OMB, for review (4) Minimize the burden of the and approval, any reporting USCIS Form I–129F collection of information on those who requirements inherent in a rule. This are to respond, including through the DHS and USCIS invite the general rule will require non-substantive edits use of appropriate automated, public and other federal agencies to to the forms identified in the table above electronic, mechanical, or other comment on the impact to the proposed as ‘‘No material/non-substantive change technological collection techniques or collection of information. In accordance to a currently approved collection.’’ other forms of information technology, with the PRA, the information These edits include: Updates to the e.g., permitting electronic submission of collection notice is published in the Biometric Services Appointment responses. Federal Register to obtain comments language; removal of a biometric regarding the proposed edits to the services fee paragraph; and removal of Overview of Information Collection information collection instrument. references to specific biometrics (1) Type of Information Collection: Comments are encouraged and will be modalities, such as fingerprints. In Revision of a Currently Approved accepted for 60 days from the accordance with the PRA, USCIS has Collection. publication date of the proposed rule. submitted a PRA Change Worksheet, (2) Title of the Form/Collection: All submissions received must include Form OMB 83–C, and amended Petition for CNMI-Only Nonimmigrant the OMB Control Number 1615–0001 in information collection instruments for Transition Worker. the body of the letter and the agency each of these forms to OMB for review (3) Agency form number, if any, and name. To avoid duplicate submissions, and approval. the applicable component of the DHS please use only one of the methods USCIS Form I–129CW sponsoring the collection: I–129CW; under the ADDRESSES and I. Public USCIS. Participation section of this rule to DHS and USCIS invite the general (4) Affected public who will be asked submit comments. Comments on this public and other federal agencies to or required to respond, as well as a brief information collection should address comment on the impact to the proposed abstract: Primary: Business or other for- one or more of the following four points: collection of information. In accordance profit. An employer uses this form to (1) Evaluate whether the collection of with the PRA, the information petition USCIS for an alien to information is necessary for the proper collection notice is published in the temporarily enter as a nonimmigrant performance of the functions of the Federal Register to obtain comments into the CNMI to perform services or agency, including whether the regarding the proposed edits to the labor as a CNMI-Only Transitional information will have practical utility; information collection instrument. Worker (CW–1). An employer also uses (2) Evaluate the accuracy of the Comments are encouraged and will be this form to request an extension of stay agency’s estimate of the burden of the accepted for 60 days from the or change of status on behalf of the alien collection of information, including the publication date of the proposed rule. worker. validity of the methodology and All submissions received must include (5) An estimate of the total number of assumptions used; the OMB Control Number 1615–0111 in respondents and the amount of time (3) Enhance the quality, utility, and the body of the letter and the agency estimated for an average respondent to clarity of the information to be name. To avoid duplicate submissions, respond: The estimated total number of collected; and please use only one of the methods respondents for the information (4) Minimize the burden of the under the ADDRESSES and I. Public collection Form I–129CW is 3,749 and collection of information on those who Participation section of this rule to the estimated hour burden per response are to respond, including through the submit comments. Comments on this is 3 hours; the estimated total number use of appropriate automated, information collection should address of respondents for the information electronic, mechanical, or other one or more of the following four points: collection biometrics is 7,498 and the technological collection techniques or (1) Evaluate whether the collection of estimated hour burden per response is other forms of information technology, information is necessary for the proper 3.67 hours. e.g., permitting electronic submission of performance of the functions of the (6) An estimate of the total public responses. agency, including whether the burden (in hours) associated with the information will have practical utility; collection: The total estimated annual Overview of Information Collection (2) Evaluate the accuracy of the hour burden associated with this (1) Type of Information Collection: agency’s estimate of the burden of the collection of information is 38,765 Revision of a Currently Approved collection of information, including the hours. Collection. validity of the methodology and (7) An estimate of the total public (2) Title of the Form/Collection: assumptions used; burden (in cost) associated with the Petition for Alien Fiance´(e).

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56393

(3) Agency form number, if any, and information collection should address cost burden associated with this the applicable component of the DHS one or more of the following four points: collection of information is sponsoring the collection: I–129F; (1) Evaluate whether the collection of $391,400,000. USCIS. information is necessary for the proper USCIS Form I–131 (4) Affected public who will be asked performance of the functions of the or required to respond, as well as a brief agency, including whether the DHS and USCIS invite the general abstract: Primary: Individuals or information will have practical utility; public and other federal agencies to households. To date, through the filing (2) Evaluate the accuracy of the comment on the impact to the proposed of this form a U.S. citizen may facilitate agency’s estimate of the burden of the collection of information. In accordance the entry of his/her spouse or fiance´(e) collection of information, including the with the PRA, the information into the United States so that a marriage validity of the methodology and collection notice is published in the may be concluded within 90 days of assumptions used; Federal Register to obtain comments entry between the U.S. citizen and the (3) Enhance the quality, utility, and regarding the proposed edits to the beneficiary of the petition. This form clarity of the information to be information collection instrument. must be used to cover the provisions of collected; and Comments are encouraged and will be section 1103 of the Legal Immigration (4) Minimize the burden of the accepted for 60 days from the Family Equity Act of 2000 which allows collection of information on those who publication date of the proposed rule. the spouse or child of a U.S. citizen to are to respond, including through the All submissions received must include enter the United States as a use of appropriate automated, the OMB Control Number 1615–0013 in nonimmigrant. The Form I–129F is the electronic, mechanical, or other the body of the letter and the agency only existing form which collects the technological collection techniques or name. To avoid duplicate submissions, requisite information so that an other forms of information technology, please use only one of the methods adjudicator can make the appropriate e.g., permitting electronic submission of under the ADDRESSES and I. Public decisions. responses. Participation section of this rule to (5) An estimate of the total number of Overview of Information Collection submit comments. Comments on this respondents and the amount of time information collection should address (1) Type of Information Collection: estimated for an average respondent to one or more of the following four points: Revision of a Currently Approved respond: The estimated total number of (1) Evaluate whether the collection of Collection. information is necessary for the proper respondents for the information (2) Title of the Form/Collection: collection Form I–129F is 52,135 and performance of the functions of the Petition for Alien Relative. agency, including whether the the estimated hour burden per response (3) Agency form number, if any, and is 3.25 hours; the estimated total information will have practical utility; the applicable component of the DHS (2) Evaluate the accuracy of the number of respondents for the sponsoring the collection: I–130; USCIS. information collection biometrics is agency’s estimate of the burden of the (4) Affected public who will be asked collection of information, including the 52,135 and the estimated hour burden or required to respond, as well as a brief per response is 3.67 hours. validity of the methodology and abstract: Primary: Individuals or assumptions used; (6) An estimate of the total public households. The information collected (3) Enhance the quality, utility, and burden (in hours) associated with the on this form is used to establish the clarity of the information to be collection: The total estimated annual existence of a relationship between the collected; and hour burden associated with this U.S. citizen or lawful permanent (4) Minimize the burden of the collection is 360,774 hours. resident petitioner and certain alien collection of information on those who (7) An estimate of the total public relative beneficiaries who wish to are to respond, including through the burden (in cost) associated with the immigrate to the United States. use of appropriate automated, collection: The estimated total annual (5) An estimate of the total number of electronic, mechanical, or other cost burden associated with this respondents and the amount of time technological collection techniques or collection of information is $8,941,153. estimated for an average respondent to other forms of information technology, USCIS Form I–130 (I–130A) respond: The estimated total number of e.g., permitting electronic submission of respondents for the information responses. DHS and USCIS invite the general collection Form I–130 is 978,500 and public and other federal agencies to the estimated hour burden per response Overview of Information Collection comment on the impact to the proposed is 2 hours; the estimated total number (1) Type of Information Collection: collection of information. In accordance of respondents for the information Revision of a Currently Approved with the PRA, the information collection Form I–130A is 45,614 and Collection. collection notice is published in the the estimated hour burden per response (2) Title of the Form/Collection: Federal Register to obtain comments is 0.8333 hours; the estimated total Application for Travel Document. regarding the proposed edits to the number of respondents for the (3) Agency form number, if any, and information collection instrument. information collection biometrics is the applicable component of the DHS Comments are encouraged and will be 1,024,114 and the estimated hour sponsoring the collection: I–131; USCIS. accepted for 60 days from the burden per response is 3.67 hours. (4) Affected public who will be asked publication date of the proposed rule. (6) An estimate of the total public or required to respond, as well as a brief All submissions received must include burden (in hours) associated with the abstract: Primary: Individuals or the OMB Control Number 1615–0012 in collection: The total estimated annual households. Certain aliens, principally the body of the letter and the agency hour burden associated with this permanent or conditional residents, name. To avoid duplicate submissions, collection of information is 5,753,495 refugees or asylees, applicants for please use only one of the methods hours. adjustment of status, aliens in TPS, and under the ADDRESSES and I. Public (7) An estimate of the total public aliens abroad seeking humanitarian Participation section of this rule to burden (in cost) associated with the parole must apply for a travel document submit comments. Comments on this collection: The estimated total annual to lawfully enter or reenter the United

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56394 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

States. Eligible recipients of deferred validity of the methodology and Comments are encouraged and will be action under childhood arrivals (DACA) assumptions used; accepted for 60 days from the may now request an advance parole (3) Enhance the quality, utility, and publication date of the proposed rule. documents based on humanitarian, clarity of the information to be All submissions received must include educational and employment reasons. collected; and the OMB Control Number 1615–0014 in Lawful permanent residents may now (4) Minimize the burden of the the body of the letter and the agency file requests for travel permits collection of information on those who name. To avoid duplicate submissions, (transportation letter or boarding foil). are to respond, including through the please use only one of the methods (5) An estimate of the total number of use of appropriate automated, under the ADDRESSES and I. Public respondents and the amount of time electronic, mechanical, or other Participation section of this rule to estimated for an average respondent to technological collection techniques or submit comments. Comments on this respond: The estimated total number of other forms of information technology, information collection should address respondents for the information e.g., permitting electronic submission of one or more of the following four points: collection Form I–131 is 483,920 and responses. (1) Evaluate whether the collection of the estimated hour burden per response Overview of Information Collection information is necessary for the proper is 1.9 hours; the estimated total number performance of the functions of the of respondents for the information (1) Type of Information Collection: agency, including whether the collection biometrics is 84,000 and the Revision of a Currently Approved information will have practical utility; estimated hour burden per response is Collection. (2) Evaluate the accuracy of the 3.67 hours; the estimated total number (2) Title of the Form/Collection: agency’s estimate of the burden of the of respondents for the information Application for Travel Document collection of information, including the collection Form I–131 passport-style (Carrier Documentation). validity of the methodology and (3) Agency form number, if any, and photos is 380,000 and the estimated assumptions used; the applicable component of the DHS hour burden per response is 0.5 hours. (3) Enhance the quality, utility, and sponsoring the collection: I–131A; (6) An estimate of the total public clarity of the information to be USCIS. burden (in hours) associated with the collected; and (4) Affected public who will be asked (4) Minimize the burden of the collection: The total estimated annual or required to respond, as well as a brief hour burden associated with this collection of information on those who abstract: Primary: Individuals or are to respond, including through the collection of information is 1,417,728 households. USCIS uses the information hours. use of appropriate automated, provided on Form I–131A to verify the electronic, mechanical, or other (7) An estimate of the total public status of permanent or conditional burden (in cost) associated with the technological collection techniques or residents, and determine whether the other forms of information technology, collection: The estimated total annual applicant is eligible for the requested cost burden associated with this e.g., permitting electronic submission of travel document. responses. collection of information is (5) An estimate of the total number of $146,072,480. respondents and the amount of time Overview of Information Collection USCIS Form I–131A estimated for an average respondent to (1) Type of Information Collection: respond: The estimated total number of Revision of a Currently Approved DHS and USCIS invite the general respondents for the information Collection. public and other federal agencies to collection Form I–131A is 4,110 and the (2) Title of the Form/Collection: comment on the impact to the proposed estimated hour burden per response is Affidavit of Support. collection of information. In accordance 0.92 hours; the estimated total number (3) Agency form number, if any, and with the PRA, the information of respondents for the information the applicable component of the DHS collection notice is published in the collection biometrics is 4,110 and the sponsoring the collection: I–134; USCIS. Federal Register to obtain comments estimated hour burden per response is (4) Affected public who will be asked regarding the proposed edits to the 3.67 hours. or required to respond, as well as a brief information collection instrument. (6) An estimate of the total public abstract: Primary: Individuals or Comments are encouraged and will be burden (in hours) associated with the households. USCIS and DOS consular accepted for 60 days from the collection: The total estimated annual officers use this form to determine publication date of the proposed rule. hour burden associated with this whether an applicant for a visa, All submissions received must include collection of information is 15,084 adjustment of status, or entry to the the OMB Control Number 1615–0135 in hours. United States may possibly be the body of the letter and the agency (7) An estimate of the total public excludable on the ground that he or she name. To avoid duplicate submissions, burden (in cost) associated with the is likely to become a public charge. please use only one of the methods collection: The estimated total annual (5) An estimate of the total number of under the ADDRESSES and I. Public cost burden associated with this respondents and the amount of time Participation section of this rule to collection of information is $704,620. estimated for an average respondent to submit comments. Comments on this respond: The estimated total number of information collection should address USCIS Form I–134 respondents for the information one or more of the following four points: DHS and USCIS invite the general collection Form I–134 is 2,500 and the (1) Evaluate whether the collection of public and other federal agencies to estimated hour burden per response is information is necessary for the proper comment on the impact to the proposed 1.75 hours; the estimated total number performance of the functions of the collection of information. In accordance of respondents for the information agency, including whether the with the PRA, the information collection biometrics is 2,500 and the information will have practical utility; collection notice is published in the estimated hour burden per response is (2) Evaluate the accuracy of the Federal Register to obtain comments 3.67 hours. agency’s estimate of the burden of the regarding the proposed edits to the (6) An estimate of the total public collection of information, including the information collection instrument. burden (in hours) associated with the

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56395

collection: The total estimated annual profit U.S. employers may file this technological collection techniques or hour burden associated with this petition for certain alien beneficiaries to other forms of information technology, collection of information is 13,550 receive an employment-based e.g., permitting electronic submission of hours. immigrant visa. responses. (7) An estimate of the total public (5) An estimate of the total number of burden (in cost) associated with the respondents and the amount of time Overview of Information Collection collection: The estimated total annual estimated for an average respondent to (1) Type of Information Collection: cost burden associated with this respond: The estimated total number of Revision of a Currently Approved collection of information is $10,625. respondents for the information Collection. collection Form I–140 is 225,637 and USCIS Form I–140 (2) Title of the Form/Collection: the estimated hour burden per response Application for Relief under Former DHS and USCIS invite the general is 1.08 hours; the estimated total Section 212(c) of the Immigration and public and other federal agencies to number of respondents for the Nationality Act. comment on the impact to the proposed collection biometrics is 225,637 and the (3) Agency form number, if any, and collection of information. In accordance estimated hour burden per response is the applicable component of the DHS with the PRA, the information 3.67 hours. sponsoring the collection: I–191; USCIS. collection notice is published in the (6) An estimate of the total public (4) Affected public who will be asked Federal Register to obtain comments burden (in hours) associated with the or required to respond, as well as a brief regarding the proposed edits to the collection: The total estimated annual abstract: Primary: Individuals or information collection instrument. hour burden associated with this households. USCIS and EOIR use the Comments are encouraged and will be collection of information is 1,071,776 information on the form to properly accepted for 60 days from the hours. assess and determine whether the publication date of the proposed rule. (7) An estimate of the total public applicant is eligible for a waiver under All submissions received must include burden (in cost) associated with the former section 212(c) of INA. the OMB Control Number 1615–0015 in collection: The estimated total annual (5) An estimate of the total number of the body of the letter and the agency cost burden associated with this respondents and the amount of time name. To avoid duplicate submissions, collection of information is $93,977,810. estimated for an average respondent to please use only one of the methods USCIS Form I–191 respond: The estimated total number of under the ADDRESSES and I. Public respondents for the information Participation section of this rule to DHS and USCIS invite the general public and other federal agencies to collection Form I–191 is 240 and the submit comments. Comments on this estimated hour burden per response is information collection should address comment on the impact to the proposed collection of information. In accordance 1.50 hours; the estimated total number one or more of the following four points: of respondents for the information (1) Evaluate whether the collection of with the PRA, the information collection biometrics is 240 and the information is necessary for the proper collection notice is published in the estimated hour burden per response is performance of the functions of the Federal Register to obtain comments 3.67 hours. agency, including whether the regarding the proposed edits to the (6) An estimate of the total public information will have practical utility; information collection instrument. (2) Evaluate the accuracy of the Comments are encouraged and will be burden (in hours) associated with the agency’s estimate of the burden of the accepted for 60 days from the collection: The total estimated annual collection of information, including the publication date of the proposed rule. hour burden associated with this validity of the methodology and All submissions received must include collection of information is 1,241 hours. assumptions used; the OMB Control Number 1615–0016 in (7) An estimate of the total public (3) Enhance the quality, utility, and the body of the letter and the agency burden (in cost) associated with the clarity of the information to be name. To avoid duplicate submissions, collection: The estimated total annual collected; and please use only one of the methods cost burden associated with this (4) Minimize the burden of the under the ADDRESSES and I. Public collection of information is $30,300. collection of information on those who Participation section of this rule to USCIS Form I–192 are to respond, including through the submit comments. Comments on this use of appropriate automated, information collection should address DHS and USCIS invite the general electronic, mechanical, or other one or more of the following four points: public and other federal agencies to technological collection techniques or (1) Evaluate whether the collection of comment on the impact to the proposed other forms of information technology, information is necessary for the proper collection of information. In accordance e.g., permitting electronic submission of performance of the functions of the with the PRA, the information responses. agency, including whether the collection notice is published in the information will have practical utility; Federal Register to obtain comments Overview of Information Collection (2) Evaluate the accuracy of the regarding the proposed edits to the (1) Type of Information Collection: agency’s estimate of the burden of the information collection instrument. Revision of a Currently Approved collection of information, including the Comments are encouraged and will be Collection. validity of the methodology and accepted for 60 days from the (2) Title of the Form/Collection: assumptions used; publication date of the proposed rule. Immigrant Petition for Alien Workers. (3) Enhance the quality, utility, and All submissions received must include (3) Agency form number, if any, and clarity of the information to be the OMB Control Number 1615–0017 in the applicable component of the DHS collected; and the body of the letter and the agency sponsoring the collection: Form I–140; (4) Minimize the burden of the name. To avoid duplicate submissions, USCIS. collection of information on those who please use only one of the methods (4) Affected public who will be asked are to respond, including through the under the ADDRESSES and I. Public or required to respond, as well as a brief use of appropriate automated, Participation section of this rule to abstract: Primary: Business or other for- electronic, mechanical, or other submit comments. Comments on this

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56396 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

information collection should address collection of information is alien who is inadmissible under these one or more of the following four points: $16,672,250.00. provisions has either been removed (1) Evaluate whether the collection of (deported, or excluded) from the United USCIS Form I–212 information is necessary for the proper States, or illegally reentered after having performance of the functions of the DHS and USCIS invite the general been removed (deported, or excluded), agency, including whether the public and other federal agencies to or illegally reentered after having information will have practical utility; comment on the impact to the proposed accrued more than one year of unlawful (2) Evaluate the accuracy of the collection of information. In accordance presence in the United States. The agency’s estimate of the burden of the with the PRA, the information information collection required on Form collection of information, including the collection notice is published in the I–212, is necessary for USCIS to validity of the methodology and Federal Register to obtain comments determine whether the applicant is assumptions used; regarding the proposed edits to the eligible to file the waiver. If the (3) Enhance the quality, utility, and information collection instrument. application is approved, the alien will clarity of the information to be Comments are encouraged and will be be permitted to apply for admission to collected; and accepted for 60 days from the the United States, after being granted a (4) Minimize the burden of the publication date of the proposed rule. visa with DOS as either an immigrant or collection of information on those who All submissions received must include a nonimmigrant. are to respond, including through the the OMB Control Number 1615–0018 in (5) An estimate of the total number of use of appropriate automated, the body of the letter and the agency respondents and the amount of time electronic, mechanical, or other name. To avoid duplicate submissions, estimated for an average respondent to technological collection techniques or please use only one of the methods respond: The estimated total number of other forms of information technology, under the ADDRESSES and I. Public respondents for the information e.g., permitting electronic submission of Participation section of this rule to collection Form I–212 is 4,183 and the responses. submit comments. Comments on this estimated hour burden per response is information collection should address 2 hours; the estimated total number of Overview of Information Collection one or more of the following four points: respondents for the information (1) Type of Information Collection: (1) Evaluate whether the collection of collection I–212, CBP e-SAFE Filing is Revision of a Currently Approved information is necessary for the proper 700 and the estimated hour burden per Collection. performance of the functions of the response is 2 hours; the estimated total (2) Title of the Form/Collection: agency, including whether the number of respondents for the Application for Advance Permission to information will have practical utility; information collection biometrics is Enter as Nonimmigrant. (2) Evaluate the accuracy of the 4,183 and the estimated hour burden (3) Agency form number, if any, and agency’s estimate of the burden of the per response is 3.67 hours. collection of information, including the the applicable component of the DHS (6) An estimate of the total public validity of the methodology and sponsoring the collection: I–192; USCIS. burden (in hours) associated with the assumptions used; (4) Affected public who will be asked collection: The total estimated annual (3) Enhance the quality, utility, and or required to respond, as well as a brief hour burden associated with this clarity of the information to be abstract: Primary: Individuals or collection of information is 25,118 collected; and households. The data collected will be (4) Minimize the burden of the hours. used by CBP and USCIS to determine collection of information on those who (7) An estimate of the total public whether the applicant is eligible to enter are to respond, including through the burden (in cost) associated with the the United States temporarily under the use of appropriate automated, collection: The estimated total annual provisions of section 212(d)(3), electronic, mechanical, or other cost burden associated with this 212(d)(13), and 212(d)(14) of the INA. technological collection techniques or collection of information is $613,854. The respondents for this information other forms of information technology, USCIS Form I–360 collection are certain inadmissible e.g., permitting electronic submission of nonimmigrant aliens who wish to apply responses. DHS and USCIS invite the general for permission to enter the United States public and other federal agencies to and applicants for T or petitioners for U Overview of Information Collection comment on the impact to the proposed nonimmigrant status. (1) Type of Information Collection: collection of information. In accordance (5) An estimate of the total number of Revision of a Currently Approved with the PRA, the information respondents and the amount of time Collection. collection notice is published in the estimated for an average respondent to (2) Title of the Form/Collection: Federal Register to obtain comments respond: The estimated total number of Application for Permission to Reapply regarding the proposed edits to the respondents for the information for Admission into the United States information collection instrument. collection Form I–192 is 68,050 and the After Deportation or Removal. Comments are encouraged and will be estimated hour burden per response is (3) Agency form number, if any, and accepted for 60 days from the 1.5 hours. the applicable component of the DHS publication date of the proposed rule. (6) An estimate of the total public sponsoring the collection: I–212; USCIS. All submissions received must include burden (in hours) associated with the (4) Affected public who will be asked the OMB Control Number 1615–0020 in collection: The total estimated annual or required to respond, as well as a brief the body of the letter and the agency hour burden associated with this abstract: Primary: Individuals or name. To avoid duplicate submissions, collection of information is 102,075 households. Sections 212(a)(9)(A) and please use only one of the methods hours. 212(a)(9)(C) of the INA render an alien under the ADDRESSES and I. Public (7) An estimate of the total public inadmissible to the United States unless Participation section of this rule to burden (in cost) associated with the he or she obtains the consent to reapply submit comments. Comments on this collection: The estimated total annual (also known as permission to reapply) information collection should address cost burden associated with this for admission to the United States. An one or more of the following four points:

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56397

(1) Evaluate whether the collection of estimated for an average respondent to (3) Enhance the quality, utility, and information is necessary for the proper respond: The estimated total number of clarity of the information to be performance of the functions of the respondents for the information collected; and agency, including whether the collection Form I–360 (Iraqi & Afghan (4) Minimize the burden of the information will have practical utility; Petitioners) is 2,874 and the estimated collection of information on those who (2) Evaluate the accuracy of the hour burden per response is 3.1 hours; are to respond, including through the agency’s estimate of the burden of the the estimated total number of use of appropriate automated, collection of information, including the respondents for the information electronic, mechanical, or other validity of the methodology and collection Form I–360 (Religious technological collection techniques or assumptions used; Worker) is 2,393 and the estimated hour other forms of information technology, (3) Enhance the quality, utility, and burden per response is 2.35 hours; the e.g., permitting electronic submission of clarity of the information to be estimated total number of respondents responses. collected; and for the information collection Form I– Overview of Information Collection (4) Minimize the burden of the 360 (All Others) is 14,362 and the collection of information on those who estimated hour burden per response is (1) Type of Information Collection: are to respond, including through the 2.1 hours; and the estimated total Revision of a Currently Approved use of appropriate automated, number of respondents for the Collection. electronic, mechanical, or other information collection biometrics for (2) Title of the Form/Collection: technological collection techniques or VAWA and Special Immigrant Juvenile Application to Register Permanent other forms of information technology, self-petitioners is 32,240 and the Residence or Adjust Status. e.g., permitting electronic submission of estimated hour burden per response is (3) Agency form number, if any, and responses. 3.67 hours. the applicable component of the DHS sponsoring the collection: I–485; USCIS. Overview of Information Collection (6) An estimate of the total public (4) Affected public who will be asked (1) Type of Information Collection: burden (in hours) associated with the or required to respond, as well as a brief Revision of a Currently Approved collection: The total estimated annual abstract: Primary: Individuals or Collection. hour burden associated with this households. The information on Form I– (2) Title of the Form/Collection: collection of information is 154,105 485 will be used to request and Petition for Amerasian, Widow(er), or hours. determine eligibility for adjustment of Special Immigrant. (7) An estimate of the total public permanent residence status. (3) Agency form number, if any, and burden (in cost) associated with the Supplement A is used to adjust status the applicable component of the DHS collection: The estimated total annual under section 245(i) of the INA. sponsoring the collection: I–360; USCIS. cost burden associated with this (5) An estimate of the total number of (4) Affected public who will be asked collection of information is $2,404,430. respondents and the amount of time or required to respond, as well as a brief estimated for an average respondent to USCIS Form I–485 abstract: Primary: Individuals or respond: The estimated total number of households. Form I–360 may be used by DHS and USCIS invite the general respondents for the information an Amerasian; a widow or widower of public and other federal agencies to collection Form I–485 is 382,264 and a U.S. citizen; a battered or abused comment on the impact to the proposed the estimated hour burden per response spouse or child of a U.S. citizen or collection of information. In accordance is 6.42 hours; the estimated total lawful permanent resident; a battered or with the PRA, the information number of respondents for the abused parent of a U.S. citizen son or collection notice is published in the information collection Form I–485A is daughter; or a special immigrant Federal Register to obtain comments 36,000 and the estimated hour burden (religious worker, Panama Canal regarding the proposed edits to the per response is 1.25 hours; the company employee, Canal Zone information collection instrument. estimated total number of respondents government employee, U.S. Government Comments are encouraged and will be for the information collection Form I– employee in the Canal Zone; physician, accepted for 60 days from the 485 Supplement J is 28,039 and the international organization employee or publication date of the proposed rule. estimated hour burden per response is family member, juvenile court All submissions received must include 1 hour; the estimated total number of dependent; armed forces member; the OMB Control Number 1615–0023 in respondents for the information Afghanistan or Iraq national who the body of the letter and the agency collection biometrics is 382,264 and the supported the U.S. Armed Forces as a name. To avoid duplicate submissions, estimated hour burden per response is translator; Iraq national who worked for please use only one of the methods 3.67 hours. the or on behalf of the U.S. Government under the ADDRESSES and I. Public (6) An estimate of the total public in Iraq; or Afghan national who worked Participation section of this rule to burden (in hours) associated with the for or on behalf of the U.S. Government submit comments. Comments on this collection: The total estimated annual or the International Security Assistance information collection should address hour burden associated with this Force in Afghanistan) who intend to one or more of the following four points: collection of information is 3,930,353 establish their eligibility to immigrate to hours. the United States. The data collected on (1) Evaluate whether the collection of (7) An estimate of the total public this form is reviewed by USCIS to information is necessary for the proper burden (in cost) associated with the determine if the petitioner may be performance of the functions of the collection: The estimated total annual qualified to obtain the benefit. The data agency, including whether the cost burden associated with this collected on this form will also be used information will have practical utility; collection of information is to issue an EAD upon approval of the (2) Evaluate the accuracy of the $131,116,552. petition for battered or abused spouses, agency’s estimate of the burden of the children, and parents, if requested. collection of information, including the USCIS Form I–526 (5) An estimate of the total number of validity of the methodology and DHS and USCIS invite the general respondents and the amount of time assumptions used; public and other federal agencies to

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56398 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

comment on the impact to the proposed collection Form I–526 is 15,799 and the (2) Title of the Form/Collection: collection of information. In accordance estimated hour burden per response is Application to Extend/Change with the PRA, the information 1.83 hours; the estimated total number Nonimmigrant Status. collection notice is published in the of respondents for the information (3) Agency form number, if any, and Federal Register to obtain comments collection of biometrics is 15,799 and the applicable component of the DHS regarding the proposed edits to the the estimated hour burden per response sponsoring the collection: I–539; USCIS. information collection instrument. is 3.67 hours. (4) Affected public who will be asked Comments are encouraged and will be (6) An estimate of the total public or required to respond, as well as a brief accepted for 60 days from the burden (in hours) associated with the abstract: Primary: Individuals or publication date of the proposed rule. collection: The total estimated annual households. This form will be used for All submissions received must include hour burden associated with this nonimmigrants to apply for an the OMB Control Number 1615–0026 in collection of information is 86,895 extension of stay, for a change to the body of the letter and the agency hours. another nonimmigrant classification, or name. To avoid duplicate submissions, (7) An estimate of the total public for obtaining V nonimmigrant please use only one of the methods burden (in cost) associated with the classification. under the ADDRESSES and I. Public collection: The estimated total annual (5) An estimate of the total number of Participation section of this rule to cost burden associated with this respondents and the amount of time submit comments. Comments on this collection of information is $17,378,900. estimated for an average respondent to information collection should address USCIS Form I–539 respond: The estimated total number of one or more of the following four points: respondents for the information DHS and USCIS invite the general (1) Evaluate whether the collection of collection Form I–539 (paper) is 174,289 public and other federal agencies to information is necessary for the proper and the estimated hour burden per comment on the impact to the proposed performance of the functions of the response is 2 hours; the estimated total collection of information. In accordance agency, including whether the number of respondents for the with the PRA, the information information will have practical utility; information collection Form I–539 (e- collection notice is published in the (2) Evaluate the accuracy of the file) is 74,696 and the estimated hour Federal Register to obtain comments agency’s estimate of the burden of the burden per response is 1.083 hours; the regarding the proposed edits to the collection of information, including the estimated total number of respondents information collection instrument. validity of the methodology and for the information collection Comments are encouraged and will be assumptions used; Supplement A is 54,375 and the accepted for 60 days from the (3) Enhance the quality, utility, and estimated hour burden per response is publication date of the proposed rule. clarity of the information to be .50 hours; the estimated total number of All submissions received must include collected; and respondents for biometrics processing is (4) Minimize the burden of the the OMB Control Number 1615–0003 in 373,477 and the estimated hour burden collection of information on those who the body of the letter and the agency per response is 3.67 hours. are to respond, including through the name. To avoid duplicate submissions, (6) An estimate of the total public use of appropriate automated, please use only one of the methods burden (in hours) associated with the electronic, mechanical, or other under the ADDRESSES and I. Public collection: The total estimated annual technological collection techniques or Participation section of this rule to hour burden associated with this other forms of information technology, submit comments. Comments on this collection of information is 1,827,323 e.g., permitting electronic submission of information collection should address hours. responses. one or more of the following four points: (1) Evaluate whether the collection of (7) An estimate of the total public Overview of Information Collection information is necessary for the proper burden (in cost) associated with the (1) Type of Information Collection: performance of the functions of the collection: The estimated total annual Revision of a Currently Approved agency, including whether the cost burden associated with this Collection. information will have practical utility; collection of information is $42,700,928. (2) Title of the Form/Collection: (2) Evaluate the accuracy of the USCIS Form I–566 Immigrant Petition by Alien agency’s estimate of the burden of the Entrepreneur. collection of information, including the DHS and USCIS invite the general (3) Agency form number, if any, and validity of the methodology and public and other federal agencies to the applicable component of the DHS assumptions used; comment on the impact to the proposed sponsoring the collection: I–526; USCIS. (3) Enhance the quality, utility, and collection of information. In accordance (4) Affected public who will be asked clarity of the information to be with the PRA, the information or required to respond, as well as a brief collected; and collection notice is published in the abstract: Primary: Individuals or (4) Minimize the burden of the Federal Register to obtain comments households. The form is used to petition collection of information on those who regarding the proposed edits to the for classification as an alien are to respond, including through the information collection instrument. entrepreneur as provided by sections use of appropriate automated, Comments are encouraged and will be 121(b) and 162(b) of the Immigration electronic, mechanical, or other accepted for 60 days from the Act of 1990. The data collected on this technological collection techniques or publication date of the proposed rule. form will be used by USCIS to other forms of information technology, All submissions received must include determine eligibility for the requested e.g., permitting electronic submission of the OMB Control Number 1615–0027 in immigration benefit. responses. the body of the letter and the agency (5) An estimate of the total number of name. To avoid duplicate submissions, respondents and the amount of time Overview of Information Collection please use only one of the methods estimated for an average respondent to (1) Type of Information Collection: under the ADDRESSES and I. Public respond: The estimated total number of Revision of a Currently Approved Participation section of this rule to respondents for the information Collection. submit comments. Comments on this

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56399

information collection should address (6) An estimate of the total public abstract: Primary: Individuals or one or more of the following four points: burden (in hours) associated with the households. Form I–589 is necessary to (1) Evaluate whether the collection of collection: The total estimated annual determine whether an alien applying for information is necessary for the proper hour burden associated with this asylum and/or withholding of removal performance of the functions of the collection of information is 8,236 hours. in the United States is classified as agency, including whether the (7) An estimate of the total public refugee, and is eligible to remain in the information will have practical utility; burden (in cost) associated with the United States. (2) Evaluate the accuracy of the collection: The estimated total annual (5) An estimate of the total number of agency’s estimate of the burden of the cost burden associated with this respondents and the amount of time collection of information, including the collection of information is $746,750.00. estimated for an average respondent to respond: The estimated total number of validity of the methodology and USCIS Form I–589 assumptions used; respondents for the information (3) Enhance the quality, utility, and DHS and USCIS invite the general collection Form I–589 is approximately clarity of the information to be public and other federal agencies to 114,000 and the estimated hour burden collected; and comment on the impact to the proposed per response is 12 hours per response; (4) Minimize the burden of the collection of information. In accordance and the estimated number of collection of information on those who with the PRA, the information respondents providing biometrics is are to respond, including through the collection notice is published in the 110,000 and the estimated hour burden use of appropriate automated, Federal Register to obtain comments per response is 3.67 hours. electronic, mechanical, or other regarding the proposed edits to the (6) An estimate of the total public technological collection techniques or information collection instrument. burden (in hours) associated with the other forms of information technology, Comments are encouraged and will be collection: The total estimated annual e.g., permitting electronic submission of accepted for 60 days from the hour burden associated with this responses. publication date of the proposed rule. collection is 1,771,700 hours. All submissions received must include (7) An estimate of the total public Overview of Information Collection the OMB Control Number 1615–0067 in burden (in cost) associated with the (1) Type of Information Collection: the body of the letter and the agency collection: The estimated total annual Revision of a Currently Approved name. To avoid duplicate submissions, cost burden associated with this Collection. please use only one of the methods collection of information is $46,968,000. under the ADDRESSES and I. Public (2) Title of the Form/Collection: USCIS Form I–590 Interagency Record of Request A, G, or Participation section of this rule to DHS and USCIS invite the general NATO Dependent Employment submit comments. Comments on this public and other federal agencies to Authorization or Change/Adjustment information collection should address comment on the impact to the proposed To/From A, G, or NATO Status. one or more of the following four points: (1) Evaluate whether the collection of collection of information. In accordance (3) Agency form number, if any, and information is necessary for the proper with the PRA, the information the applicable component of the DHS performance of the functions of the collection notice is published in the sponsoring the collection: I–566; USCIS. agency, including whether the Federal Register to obtain comments (4) Affected public who will be asked information will have practical utility; regarding the proposed edits to the or required to respond, as well as a brief (2) Evaluate the accuracy of the information collection instrument. abstract: Primary: Individuals or agency’s estimate of the burden of the Comments are encouraged and will be households. The data on this form is collection of information, including the accepted for 60 days from the used by DOS to certify to USCIS the validity of the methodology and publication date of the proposed rule. eligibility of dependents of A or G assumptions used; All submissions received must include principals requesting employment (3) Enhance the quality, utility, and the OMB Control Number 1615–0068 in authorization, as well as for NATO/ clarity of the information to be the body of the letter and the agency Headquarters, Supreme Allied collected; and name. To avoid duplicate submissions, Commander Transformation (NATO/HQ (4) Minimize the burden of the please use only one of the methods SACT) to certify to USCIS similar collection of information on those who under the ADDRESSES and I. Public eligibility for dependents of NATO are to respond, including through the Participation section of this rule to principals. DOS also uses this form to use of appropriate automated, submit comments. Comments on this certify to USCIS that certain A, G or electronic, mechanical, or other information collection should address NATO nonimmigrants may change their technological collection techniques or one or more of the following four points: status to another nonimmigrant status. other forms of information technology, (1) Evaluate whether the collection of USCIS uses data collected on this form e.g., permitting electronic submission of information is necessary for the proper in the adjudication of change or responses. performance of the functions of the adjustment of status applications from agency, including whether the aliens in A, G, or NATO classifications. Overview of Information Collection information will have practical utility; USCIS also uses Form I–566 to notify (1) Type of Information Collection (2) Evaluate the accuracy of the DOS of the results of these Request: Extension, Without Change, of agency’s estimate of the burden of the adjudications. a Currently Approved Collection. collection of information, including the (5) An estimate of the total number of (2) Title of the Form/Collection: validity of the methodology and respondents and the amount of time Application for Asylum and for assumptions used; estimated for an average respondent to Withholding of Removal. (3) Enhance the quality, utility, and respond: The estimated total number of (3) Agency form number, if any, and clarity of the information to be respondents for the information the applicable component of the DHS collected; and collection Form I–566 is 5,800 and the sponsoring the collection: I–589; USCIS. (4) Minimize the burden of the estimated hour burden per response is (4) Affected public who will be asked collection of information on those who 1.42 hours. or required to respond, as well as a brief are to respond, including through the

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56400 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

use of appropriate automated, (6) An estimate of the total public 600A; Supplement 1; Supplement 2; electronic, mechanical, or other burden (in hours) associated with the USCIS. technological collection techniques or collection: The total estimated annual (4) Affected public who will be asked other forms of information technology, hour burden associated with this or required to respond, as well as a brief e.g., permitting electronic submission of collection of information is 181,228 abstract: Primary: Individuals or responses. hours. households; A U.S. adoptive parent may (7) An estimate of the total public Overview of Information Collection file a petition to classify an orphan as burden (in cost) associated with the an immediate relative through Form I– (1) Type of Information Collection: collection: The estimated total annual 600 under section 101(b)(1)(F) of the Revision of a Currently Approved cost burden associated with this INA. A U.S. prospective adoptive parent Collection. collection of information is $12,000. may file Form I–600A in advance of the (2) Title of the Form/Collection: USCIS Form I–600, I–600A Form I–600 filing and USCIS will make Registration for Classification as a a determination regarding the Refugee. DHS and USCIS invite the general prospective adoptive parent’s eligibility (3) Agency form number, if any, and public and other federal agencies to to file Form I–600A and their suitability the applicable component of the DHS comment on the impact to the proposed and eligibility to properly parent an sponsoring the collection: I–590; USCIS. collection of information. In accordance orphan. A U.S. adoptive parent may file (4) Affected public who will be asked with the PRA, the information a petition to classify an orphan as an or required to respond, as well as a brief collection notice is published in the immediate relative through Form I–600 abstract: Primary: Individuals or Federal Register to obtain comments under section 101(b)(1)(F) of the INA. If households. The Form I–590 is the regarding the proposed edits to the a U.S. prospective/adoptive parent has primary document in all refugee case information collection instrument. an adult member of his or her files and becomes part of the applicant’s Comments are encouraged and will be household, as defined at 8 CFR 204.301, A-file. It is the application form by accepted for 60 days from the the prospective/adoptive parent must which a person seeks refugee publication date of the proposed rule. include the Supplement 1 when filing classification and resettlement in the All submissions received must include both Form I–600A and Form I–600. United States. It documents an the OMB Control Number 1615–0028 in Form I–600/I–600A Supplement 2, applicant’s legal testimony (under oath) the body of the letter and the agency Consent to Disclose Information, is an as to his or her identity and claim to name. To avoid duplicate submissions, optional form that may be filed to refugee status, as well as other pertinent please use only one of the methods authorize USCIS to disclose case-related information including marital status, under the ADDRESSES and I. Public information that would otherwise be number of children, military service, Participation section of this rule to protected under the Privacy Act, 5 organizational memberships, and submit comments. Comments on this U.S.C. 552a to adoption service violations of law. In addition to being information collection should address providers or other individuals. the application form submitted by a one or more of the following four points: Authorized disclosures will assist (1) Evaluate whether the collection of person seeking refugee classification, USCIS in the adjudication of Forms I– information is necessary for the proper Form I–590 is used to document that an 600A and I–600. performance of the functions of the applicant was interviewed by USCIS (5) An estimate of the total number of agency, including whether the and record the decision by the USCIS respondents and the amount of time information will have practical utility; officer to approve or deny the applicant (2) Evaluate the accuracy of the estimated for an average respondent to for classification as a refugee. Regardless agency’s estimate of the burden of the respond: The estimated total number of of age, each person included in the case collection of information, including the respondents for the information must have his or her own Form I–590. validity of the methodology and collection Form I–600 is 1,200 and the Refugees applying to CBP for admission assumptions used; estimated hour burden per response is must have a stamped I–590 in their (3) Enhance the quality, utility, and 1 hour; the estimated total number of travel packet in order to gain admission clarity of the information to be respondents for the information as a refugee. They do not have refugee collected; and collection Form I–600A is 2,000 and the status until they are admitted by CBP. (4) Minimize the burden of the estimated hour burden per response is (5) An estimate of the total number of collection of information on those who 1 hour; the estimated total number of respondents and the amount of time are to respond, including through the respondents for the information estimated for an average respondent to use of appropriate automated, collection Form I–600A Supplement 1 is respond: The estimated total number of electronic, mechanical, or other 301 and the estimated hour burden per respondents for the information technological collection techniques or response is 1 hour; the estimated total collection Form I–590 is 50,000 and the other forms of information technology, number of respondents for the estimated hour burden per response is e.g., permitting electronic submission of information collection Form I–600A 3.25 hours; the estimated total number responses. Supplement 2 is 1,260 and the of respondents for the information estimated hour burden per response is collection I–590 Request for Review is Overview of Information Collection 0.25 hours; the estimated total number 1,500 and the estimated hour burden (1) Type of Information Collection: of respondents for the home study per response is 1 hour; the estimated Revision of a Currently Approved information collection is 2,500 and the total number of respondents for the Collection. estimated hour burden per response is information collection Form I–590 DNA (2) Title of the Form/Collection: 25 hours; the estimated total number of evidence is 100 and the estimated hour Petition to Classify Orphan as an respondents for the biometrics burden per response is 2 hours; the Immediate Relative and Application for information collection is 2,520 and the estimated total number of respondents Advance Processing of Orphan Petition. estimated hour burden per response is for the information collection biometrics (3) Agency form number, if any, and 3.67 hours; and the estimated total is 51,600 and the estimated hour burden the applicable component of the DHS number of respondents for the per response is 0.33 hours. sponsoring the collection: I–600; I– biometrics-DNA information collection

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56401

is 2 and the estimated hour burden per (4) Affected public who will be asked use of appropriate automated, response is 6 hours. or required to respond, as well as a brief electronic, mechanical, or other (6) An estimate of the total public abstract: Primary: Individuals or technological collection techniques or burden (in hours) associated with the households. Form I–601 is necessary for other forms of information technology, collection: The total estimated annual USCIS to determine whether the e.g., permitting electronic submission of hour burden associated with this applicant is eligible for a waiver of responses. collection is 75,576 hours. inadmissibility under section 212 of the Overview of Information Collection (7) An estimate of the total public INA. Furthermore, this information burden (in cost) associated with the collection is used by individuals who (1) Type of Information Collection: collection: The estimated total annual are seeking TPS. Revision of a Currently Approved cost burden associated with this (5) An estimate of the total number of Collection. collection of information is $7,679,232. respondents and the amount of time (2) Title of the Form/Collection: estimated for an average respondent to Application for Provisional Unlawful USCIS Form I–601 respond: The estimated total number of Presence Waiver of Inadmissibility. DHS and USCIS invite the general respondents for the information (3) Agency form number, if any, and public and other federal agencies to collection Form I–601 is 20,194 and the the applicable component of the DHS comment on the impact to the proposed estimated hour burden per response is sponsoring the collection: I–601A; collection of information. In accordance 1.75 hours. USCIS. with the PRA, the information (6) An estimate of the total public (4) Affected public who will be asked collection notice is published in the burden (in hours) associated with the or required to respond, as well as a brief Federal Register to obtain comments collection: The total estimated annual abstract: Primary: Individuals or regarding the proposed edits to the hour burden associated with this households: Individuals who are information collection instrument. collection of information is 35,340 immediate relatives of U.S. citizens and Comments are encouraged and will be hours. who are applying from within the accepted for 60 days from the (7) An estimate of the total public United States for a waiver of publication date of the proposed rule. burden (in cost) associated with the inadmissibility under INA section All submissions received must include collection: The estimated total annual 212(a)(9)(B)(v) prior to obtaining an the OMB Control Number 1615–0029 in cost burden associated with this immigrant visa abroad. the body of the letter and the agency collection of information is $7,497,023. (5) An estimate of the total number of name. To avoid duplicate submissions, respondents and the amount of time please use only one of the methods USCIS Form I–601A estimated for an average respondent to under the ADDRESSES and I. Public DHS and USCIS invite the general respond: The estimated total number of Participation section of this rule to public and other federal agencies to respondents for the information submit comments. Comments on this comment on the impact to the proposed collection Form I–601A is 63,000 and information collection should address collection of information. In accordance the estimated hour burden per response one or more of the following four points: with the PRA, the information is 1.5 hours; the estimated total number (1) Evaluate whether the collection of collection notice is published in the of respondents to the information information is necessary for the proper Federal Register to obtain comments collection biometrics is 63,000 and the performance of the functions of the regarding the proposed edits to the estimated hour burden per response is agency, including whether the information collection instrument. 3.67 hours. information will have practical utility; Comments are encouraged and will be (6) An estimate of the total public (2) Evaluate the accuracy of the accepted for 60 days from the burden (in hours) associated with the agency’s estimate of the burden of the publication date of the proposed rule. collection: The total estimated annual collection of information, including the All submissions received must include hour burden associated with this validity of the methodology and the OMB Control Number 1615–0123 in collection of information is 325,710 assumptions used; the body of the letter and the agency hours. (3) Enhance the quality, utility, and name. To avoid duplicate submissions, (7) An estimate of the total public clarity of the information to be please use only one of the methods burden (in cost) associated with the collected; and under the ADDRESSES and I. Public collection: The estimated total annual (4) Minimize the burden of the Participation section of this rule to cost burden associated with this collection of information on those who submit comments. Comments on this collection of information is $3,413,812. are to respond, including through the information collection should address USCIS Form I–698 use of appropriate automated, one or more of the following four points: electronic, mechanical, or other (1) Evaluate whether the collection of DHS and USCIS invite the general technological collection techniques or information is necessary for the proper public and other federal agencies to other forms of information technology, performance of the functions of the comment on the impact to the proposed e.g., permitting electronic submission of agency, including whether the collection of information. In accordance responses. information will have practical utility; with the PRA, the information (2) Evaluate the accuracy of the collection notice is published in the Overview of Information Collection agency’s estimate of the burden of the Federal Register to obtain comments (1) Type of Information Collection: collection of information, including the regarding the proposed edits to the Revision of a Currently Approved validity of the methodology and information collection instrument. Collection. assumptions used; Comments are encouraged and will be (2) Title of the Form/Collection: (3) Enhance the quality, utility, and accepted for 60 days from the Application for Waiver of Grounds of clarity of the information to be publication date of the proposed rule. Inadmissibility. collected; and All submissions received must include (3) Agency form number, if any, and (4) Minimize the burden of the the OMB Control Number 1615–0035 in the applicable component of the DHS collection of information on those who the body of the letter and the agency sponsoring the collection: I–601; USCIS. are to respond, including through the name. To avoid duplicate submissions,

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56402 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

please use only one of the methods (6) An estimate of the total public households. Form I–730 is used by a under the ADDRESSES and I. Public burden (in hours) associated with the refugee or asylee to file on behalf of his Participation section of this rule to collection: The total estimated annual or her spouse and/or children for submit comments. Comments on this hour burden associated with this follow-to-join benefits provided that the information collection should address collection of information is 492 hours. relationship to the refugee/asylee one or more of the following four points: (7) An estimate of the total public existed prior to their admission to the (1) Evaluate whether the collection of burden (in cost) associated with the United States. information is necessary for the proper collection: The estimated total annual (5) An estimate of the total number of performance of the functions of the cost burden associated with this respondents and the amount of time agency, including whether the collection of information is $49,000. estimated for an average respondent to respond: The estimated total number of information will have practical utility; USCIS Form I–730 (2) Evaluate the accuracy of the respondents for the information agency’s estimate of the burden of the DHS and USCIS invite the general collection Form I–730 is 6,039 and the collection of information, including the public and other federal agencies to estimated hour burden per response is validity of the methodology and comment on the impact to the proposed 0.677 hours; the estimated total number assumptions used; collection of information. In accordance of respondents for the information (3) Enhance the quality, utility, and with the PRA, the information collection biometrics is 6,039 and the clarity of the information to be collection notice is published in the estimated hour burden per response is collected; and Federal Register to obtain comments 3.67 hours. (4) Minimize the burden of the regarding the proposed edits to the (6) An estimate of the total public collection of information on those who information collection instrument. burden (in hours) associated with the are to respond, including through the Comments are encouraged and will be collection: The total estimated annual use of appropriate automated, accepted for 60 days from the hour burden associated with this electronic, mechanical, or other publication date of the proposed rule. collection of information is 26,191 technological collection techniques or All submissions received must include hours. other forms of information technology, the OMB Control Number 1615–0037 in (7) An estimate of the total public e.g., permitting electronic submission of the body of the letter and the agency burden (in cost) associated with the responses. name. To avoid duplicate submissions, collection: The estimated total annual please use only one of the methods cost burden associated with this Overview of Information Collection under the ADDRESSES and I. Public collection of information is $1,592,500. Participation section of this rule to (1) Type of Information Collection: USCIS Form I–751 Revision of a Currently Approved submit comments. Comments on this DHS and USCIS invite the general Collection. information collection should address public and other federal agencies to (2) Title of the Form/Collection: one or more of the following four points: comment on the impact to the proposed Application to Adjust Status from (1) Evaluate whether the collection of collection of information. In accordance Temporary to Permanent Resident. information is necessary for the proper performance of the functions of the with the PRA, the information (3) Agency form number, if any, and agency, including whether the collection notice is published in the the applicable component of the DHS information will have practical utility; Federal Register to obtain comments sponsoring the collection: I–698; USCIS. (2) Evaluate the accuracy of the regarding the proposed edits to the (4) Affected public who will be asked agency’s estimate of the burden of the information collection instrument. or required to respond, as well as a brief collection of information, including the Comments are encouraged and will be abstract: Primary: Individuals and validity of the methodology and accepted for 60 days from the households. The data collected on Form assumptions used; publication date of the proposed rule. I–698 is used by USCIS to determine the (3) Enhance the quality, utility, and All submissions received must include eligibility to adjust an applicant’s clarity of the information to be the OMB Control Number 1615–0038 in residence status. The form serves the collected; and the body of the letter and the agency purpose of standardizing requests for (4) Minimize the burden of the name. To avoid duplicate submissions, the benefit, and ensuring that basic collection of information on those who please use only one of the methods information required to assess eligibility are to respond, including through the under the ADDRESSES and I. Public is provided by applicants. A person who use of appropriate automated, Participation section of this rule to has been granted temporary residence electronic, mechanical, or other submit comments. Comments on this under Section 245A of the INA is technological collection techniques or information collection should address eligible to apply to USCIS to adjust to other forms of information technology, one or more of the following four points: permanent resident status no later than e.g., permitting electronic submission of (1) Evaluate whether the collection of 43 months after their approval for responses. information is necessary for the proper temporary residence. performance of the functions of the (5) An estimate of the total number of Overview of Information Collection agency, including whether the respondents and the amount of time (1) Type of Information Collection: information will have practical utility; estimated for an average respondent to Revision of a Currently Approved (2) Evaluate the accuracy of the respond: The estimated total number of Collection. agency’s estimate of the burden of the respondents for the information (2) Title of the Form/Collection: collection of information, including the collection Form I–698 is 100 and the Refugee/Asylee Relative Petition. validity of the methodology and estimated hour burden per response is (3) Agency form number, if any, and assumptions used; 1.25 hours; and the estimated total the applicable component of the DHS (3) Enhance the quality, utility, and number of respondents for the sponsoring the collection: I–730; USCIS. clarity of the information to be information collection biometrics is 100 (4) Affected public who will be asked collected; and and the estimated hour burden per or required to respond, as well as a brief (4) Minimize the burden of the response is 3.67 hours. abstract: Primary: Individuals or collection of information on those who

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56403

are to respond, including through the publication date of the proposed rule. the validity period assigned to any use of appropriate automated, All submissions received must include document issued evidencing an alien’s electronic, mechanical, or other the OMB Control Number 1615–0040 in authorization to work in the United technological collection techniques or the body of the letter and the agency States. These classes are listed in 8 CFR other forms of information technology, name. To avoid duplicate submissions, 274a.12. e.g., permitting electronic submission of please use only one of the methods (5) An estimate of the total number of responses. under the ADDRESSES and I. Public respondents and the amount of time Participation section of this rule to Overview of Information Collection estimated for an average respondent to submit comments. Comments on this respond: The estimated total number of (1) Type of Information Collection: information collection should address respondents for the information Revision of a Currently Approved one or more of the following four points: collection Form I–765 is 2,096,000 and Collection; Extension. (1) Evaluate whether the collection of the estimated hour burden per response (2) Title of the Form/Collection: information is necessary for the proper is 4.5 hours; the estimated total number Petition to Remove the Conditions on performance of the functions of the of respondents for the information Residence. agency, including whether the collection biometrics is 2,096,000 and (3) Agency form number, if any, and information will have practical utility; the estimated hour burden per response the applicable component of the DHS (2) Evaluate the accuracy of the is 3.67 hours; the estimated total sponsoring the collection: I–751; USCIS. agency’s estimate of the burden of the (4) Affected public who will be asked number of respondents for the collection of information, including the information collection Form I–765WS is or required to respond, as well as a brief validity of the methodology and abstract: Primary: Individuals or 266,148 and the estimated hour burden assumptions used; per response is .50 hours. households. The information collected (3) Enhance the quality, utility, and on Form I–751 is used by USCIS to clarity of the information to be (6) An estimate of the total public verify the alien’s status and determine collected; and burden (in hours) associated with the whether he or she is eligible to have the (4) Minimize the burden of the collection: The total estimated annual conditions on his or her status removed. collection of information on those who hour burden associated with this Form I–751 serves the purpose of are to respond, including through the collection of information is 17,145,276 standardizing requests for benefits and use of appropriate automated, hours. ensuring that basic information required electronic, mechanical, or other (7) An estimate of the total public to assess eligibility is provided by technological collection techniques or burden (in cost) associated with the petitioners. USCIS also collects other forms of information technology, collection: The estimated total annual biometric information from the alien to e.g., permitting electronic submission of cost burden associated with this verify their identity and check or update responses. collection of information is their background information. $346,615,520. (5) An estimate of the total number of Overview of Information Collection USCIS Form I–765V respondents and the amount of time (1) Type of Information Collection: estimated for an average respondent to Revision of a Currently Approved DHS and USCIS invite the general respond: The estimated total number of Collection. public and other federal agencies to respondents for the information (2) Title of the Form/Collection: comment on the impact to the proposed collection Form I–751 is 159,119 and Application for Employment collection of information. In accordance the estimated hour burden per response Authorization. with the PRA, the information is 3.75 hours; the estimated total (3) Agency form number, if any, and collection notice is published in the number of respondents for the the applicable component of the DHS Federal Register to obtain comments information collection biometrics is sponsoring the collection: I–765; USCIS. regarding the proposed edits to the (4) Affected public who will be asked 160,076 and the estimated hour burden information collection instrument. per response is 3.67 hours. or required to respond, as well as a brief abstract: Primary: Individuals or Comments are encouraged and will be (6) An estimate of the total public accepted for 60 days from the burden (in hours) associated with the households. USCIS uses Form I–765 to collect the information that is necessary publication date of the proposed rule. collection: The total estimated annual All submissions received must include hour burden associated with this to determine if an alien is eligible for an initial EAD, a new replacement EAD, or the OMB Control Number 1615–0137 in collection is 1,771,654 hours. the body of the letter and the agency (7) An estimate of the total public a subsequent EAD upon the expiration of a previous EAD under the same name. To avoid duplicate submissions, burden (in cost) associated with the please use only one of the methods collection: The estimated total annual eligibility category. Aliens in many immigration statuses are required to under the ADDRESSES and I. Public cost burden associated with this Participation section of this rule to collection of information is $19,492,078. possess an EAD as evidence of work authorization. To be authorized for submit comments. Comments on this USCIS Form I–765 employment, an alien must be lawfully information collection should address DHS and USCIS invite the general admitted for permanent residence or one or more of the following four points: public and other federal agencies to authorized to be so employed by the (1) Evaluate whether the collection of comment on the impact to the proposed INA or under regulations issued by information is necessary for the proper collection of information. In accordance DHS. Pursuant to statutory or regulatory performance of the functions of the with the PRA, the information authorization, certain classes of aliens agency, including whether the collection notice is published in the are authorized to be employed in the information will have practical utility; Federal Register to obtain comments United States without restrictions as to (2) Evaluate the accuracy of the regarding the proposed edits to the location or type of employment as a agency’s estimate of the burden of the information collection instrument. condition of their admission or collection of information, including the Comments are encouraged and will be subsequent change to one of the validity of the methodology and accepted for 60 days from the indicated classes. USCIS may determine assumptions used;

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56404 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

(3) Enhance the quality, utility, and (7) An estimate of the total public 236.15(d), an alien under Family Unity clarity of the information to be burden (in cost) associated with the Program is authorized to be employed in collected; and collection: The estimated total annual the United States and will receive an (4) Minimize the burden of the cost burden associated with this EAD after USCIS granted the benefits. collection of information on those who collection of information is $265,000. Therefore, USCIS will issue an EAD and are to respond, including through the approval notice to the applicant. The USCIS Form I–817 use of appropriate automated, respondents for this information electronic, mechanical, or other DHS and USCIS invite the general collection are foreign nationals who technological collection techniques or public and other federal agencies to apply for Family Unity Benefits in the other forms of information technology, comment on the impact to the proposed United States. e.g., permitting electronic submission of collection of information. In accordance (5) An estimate of the total number of responses. with the PRA, the information respondents and the amount of time collection notice is published in the Overview of Information Collection estimated for an average respondent to Federal Register to obtain comments respond: The estimated total number of (1) Type of Information Collection: regarding the proposed edits to the respondents for the information Revision of a Currently Approved information collection instrument. collection Form I–817 is 1,358 and the Collection. Comments are encouraged and will be estimated hour burden per response is (2) Title of the Form/Collection: accepted for 60 days from the 2 hours; the estimated total number of Application for Employment publication date of the proposed rule. respondents for the information Authorization for Abused All submissions received must include collection biometrics is 1,358 and the Nonimmigrant Spouse. the OMB Control Number 1615–0005 in estimated hour burden per response is (3) Agency form number, if any, and the body of the letter and the agency 3.67 hours. the applicable component of the DHS name. To avoid duplicate submissions, (6) An estimate of the total public sponsoring the collection: I–765V; please use only one of the methods burden (in hours) associated with the USCIS. under the ADDRESSES and I. Public collection: The total estimated annual (4) Affected public who will be asked Participation section of this rule to hour burden associated with this or required to respond, as well as a brief submit comments. Comments on this collection of information is 7,700 hours. abstract: Primary: Individuals or information collection should address (7) An estimate of the total public households. USCIS will use Form I– one or more of the following four points: burden (in cost) associated with the 765V to collect the information that is (1) Evaluate whether the collection of collection: The estimated total annual necessary to determine if the applicant information is necessary for the proper cost burden associated with this is eligible for an initial EAD or renewal performance of the functions of the collection of information is $166,355. EAD as a qualifying abused agency, including whether the USCIS Form I–821 nonimmigrant spouse. Aliens are information will have practical utility; required to possess an EAD as evidence (2) Evaluate the accuracy of the DHS and USCIS invite the general of work authorization. To be authorized agency’s estimate of the burden of the public and other federal agencies to for employment, an alien must be collection of information, including the comment on the impact to the proposed lawfully admitted for permanent validity of the methodology and collection of information. In accordance residence or authorized to be so assumptions used; with the PRA, the information employed by the INA or under (3) Enhance the quality, utility, and collection notice is published in the regulations issued by DHS. Pursuant to clarity of the information to be Federal Register to obtain comments statutory or regulatory authorization, collected; and regarding the proposed edits to the certain classes of aliens are authorized (4) Minimize the burden of the information collection instrument. to be employed in the United States collection of information on those who Comments are encouraged and will be without restrictions as to location or are to respond, including through the accepted for 60 days from the type of employment as a condition of use of appropriate automated, publication date of the proposed rule. their admission or subsequent change to electronic, mechanical, or other All submissions received must include one of the indicated classes. USCIS may technological collection techniques or the OMB Control Number 1615–0043 in determine the validity period assigned other forms of information technology, the body of the letter and the agency to any document issued evidencing an e.g., permitting electronic submission of name. To avoid duplicate submissions, alien’s authorization to work in the responses. please use only one of the methods United States. under the ADDRESSES and I. Public (5) An estimate of the total number of Overview of Information Collection Participation section of this rule to respondents and the amount of time (1) Type of Information Collection: submit comments. Comments on this estimated for an average respondent to Revision of a Currently Approved information collection should address respond: The estimated total number of Collection. one or more of the following four points: respondents for the information (2) Title of the Form/Collection: (1) Evaluate whether the collection of collection I–765V is 1,000 and the Application for Family Unity Benefits. information is necessary for the proper estimated hour burden per response is (3) Agency form number, if any, and performance of the functions of the 3 hours; the estimated total number of the applicable component of the DHS agency, including whether the respondents for the information sponsoring the collection: I–817; USCIS. information will have practical utility; collection biometrics is 1,000 and the (4) Affected public who will be asked (2) Evaluate the accuracy of the estimated hour burden per response is or required to respond, as well as a brief agency’s estimate of the burden of the 3.67 hours. abstract: Primary: Individuals or collection of information, including the (6) An estimate of the total public households: This information collected validity of the methodology and burden (in hours) associated with the will be used to determine whether the assumptions used; collection: The total estimated annual applicant meets the eligibility (3) Enhance the quality, utility, and hour burden associated with this requirements for benefits under 8 CFR clarity of the information to be collection of information is 6,670 hours. 236.14 and 245a.33. Per 8 CFR collected; and

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56405

(4) Minimize the burden of the under the ADDRESSES and I. Public collection of information is 3,065,492 collection of information on those who Participation section of this rule to hours. are to respond, including through the submit comments. Comments on this (7) An estimate of the total public use of appropriate automated, information collection should address burden (in cost) associated with the electronic, mechanical, or other one or more of the following four points: collection: The estimated total annual technological collection techniques or (1) Evaluate whether the collection of cost burden associated with this other forms of information technology, information is necessary for the proper collection of information is $50,555,340. performance of the functions of the e.g., permitting electronic submission of USCIS Form I–824 responses. agency, including whether the information will have practical utility; DHS and USCIS invite the general Overview of Information Collection (2) Evaluate the accuracy of the public and other federal agencies to (1) Type of Information Collection: agency’s estimate of the burden of the comment on the impact to the proposed Revision of a Currently Approved collection of information, including the collection of information. In accordance Collection. validity of the methodology and with the PRA, the information (2) Title of the Form/Collection: assumptions used; collection notice is published in the Application for Temporary Protected (3) Enhance the quality, utility, and Federal Register to obtain comments Status. clarity of the information to be regarding the proposed edits to the (3) Agency form number, if any, and collected; and information collection instrument. the applicable component of the DHS (4) Minimize the burden of the Comments are encouraged and will be sponsoring the collection: I–821; USCIS. collection of information on those who accepted for 60 days from the (4) Affected public who will be asked are to respond, including through the publication date of the proposed rule. or required to respond, as well as a brief use of appropriate automated, All submissions received must include abstract: Primary: Individuals or electronic, mechanical, or other the OMB Control Number 1615–0044 in households. The information provided technological collection techniques or the body of the letter and the agency will be used by the USCIS to determine other forms of information technology, name. To avoid duplicate submissions, whether an applicant for TPS meets e.g., permitting electronic submission of please use only one of the methods eligibility requirements. responses. under the ADDRESSES and I. Public (5) An estimate of the total number of Participation section of this rule to Overview of Information Collection respondents and the amount of time submit comments. Comments on this estimated for an average respondent to (1) Type of Information Collection: information collection should address respond: The estimated total number of Revision of a Currently Approved one or more of the following four points: respondents for the information Collection. (1) Evaluate whether the collection of collection Form I–821 is 4,000 and the (2) Title of the Form/Collection: information is necessary for the proper estimated hour burden per response is Consideration of Deferred Action for performance of the functions of the 2.41 hours; the estimated total number Childhood Arrivals. agency, including whether the of respondents for the information (3) Agency form number, if any, and information will have practical utility; collection biometrics is 4,000 and the the applicable component of the DHS (2) Evaluate the accuracy of the estimated hour burden per response is sponsoring the collection: I–821D; agency’s estimate of the burden of the 3.67 hours. USCIS. collection of information, including the (6) An estimate of the total public (4) Affected public who will be asked validity of the methodology and burden (in hours) associated with the or required to respond, as well as a brief assumptions used; collection: The total estimated annual abstract: Primary: Individuals or (3) Enhance the quality, utility, and hour burden associated with this households. As part of the clarity of the information to be collection of information is 24,320 administration of its programs, USCIS collected; and hours. exercises its prosecutorial discretion on (4) Minimize the burden of the (7) An estimate of the total public a case by case basis to defer action on collection of information on those who burden (in cost) associated with the instituting removal proceedings against are to respond, including through the collection: The estimated total annual individuals. use of appropriate automated, cost burden associated with this (5) An estimate of the total number of electronic, mechanical, or other collection of information is $490,000. respondents and the amount of time technological collection techniques or estimated for an average respondent to USCIS Form I–821D other forms of information technology, respond: The estimated total number of e.g., permitting electronic submission of DHS and USCIS invite the general respondents for the information responses. public and other federal agencies to collection Form I–821D initial requests comment on the impact to the proposed is 40,819 and the estimated hour burden Overview of Information Collection collection of information. In accordance per response is 3 hours; the estimated (1) Type of Information Collection: with the PRA, the information total number of respondents for the Revision of a Currently Approved collection notice is published in the information collection Form I–821D Collection. Federal Register to obtain comments renewal requests is 418,775 and the (2) Title of the Form/Collection: regarding the proposed edits to the estimated hour burden per response is Application for Action on an Approved information collection instrument. 3 hours; the estimated total number of Application or Petition. Comments are encouraged and will be respondents for the information (3) Agency form number, if any, and accepted for 60 days from the collection biometrics is 459,594 and the the applicable component of the DHS publication date of the proposed rule. estimated hour burden per response is sponsoring the collection: I–824; USCIS. All submissions received must include 3.67 hours. (4) Affected public who will be asked the OMB Control Number 1615–0124 in (6) An estimate of the total public or required to respond, as well as a brief the body of the letter and the agency burden (in hours) associated with the abstract: Primary: Individuals or name. To avoid duplicate submissions, collection: The total estimated annual households. This information collection please use only one of the methods hour burden associated with this is used to request a duplicate approval

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56406 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

notice, as well as to notify and to verify technological collection techniques or submit comments. Comments on this the U.S. consulate that a petition has other forms of information technology, information collection should address been approved or that a person has been e.g., permitting electronic submission of one or more of the following four points: adjusted to permanent resident status. responses. (1) Evaluate whether the collection of (5) An estimate of the total number of information is necessary for the proper Overview of Information Collection respondents and the amount of time performance of the functions of the estimated for an average respondent to (1) Type of Information Collection: agency, including whether the respond: The estimated total number of Revision of a Currently Approved information will have practical utility; respondents for the information Collection. (2) Evaluate the accuracy of the collection Form I–824 is 11,500 and the (2) Title of the Form/Collection: agency’s estimate of the burden of the estimated hour burden per response is Petition by Entrepreneur to Remove collection of information, including the 0.42 hours; the estimated total number Conditions on Permanent Resident validity of the methodology and of respondents for the information Status. assumptions used; collection biometrics is 11,500 and the (3) Agency form number, if any, and (3) Enhance the quality, utility, and estimated hour burden per response is the applicable component of the DHS clarity of the information to be 3.67 hours. sponsoring the collection: I–829; USCIS. collected; and (4) Affected public who will be asked (6) An estimate of the total public (4) Minimize the burden of the or required to respond, as well as a brief burden (in hours) associated with the collection of information on those who abstract: Primary: Individuals or collection: The total estimated annual are to respond, including through the households. This form is used by a hour burden associated with this use of appropriate automated, conditional resident alien entrepreneur collection of information is 47,035 electronic, mechanical, or other who obtained such status through a hours. technological collection techniques or qualifying investment, to apply to (7) An estimate of the total public other forms of information technology, remove conditions on his or her burden (in cost) associated with the e.g., permitting electronic submission of conditional residence. collection: The estimated total annual responses. cost burden associated with this (5) An estimate of the total number of collection of information is $1,480,625. respondents and the amount of time Overview of Information Collection estimated for an average respondent to USCIS Form I–829 respond: The estimated total number of (1) Type of Information Collection: Revision of a Currently Approved DHS and USCIS invite the general respondents for the information Collection. public and other federal agencies to collection Form I–829 is 3,500 and the comment on the impact to the proposed estimated hour burden per response is (2) Title of the Form/Collection: collection of information. In accordance 1 hour; the estimated total number of Affidavit of Support under Section with the PRA, the information respondents for the information 213A of the INA and Notification of collection notice is published in the collection biometrics is 3,500 and the Reimbursement of Means-Tested Federal Register to obtain comments estimated hour burden per response is Benefits. regarding the proposed edits to the 3.67 hours. (3) Agency form number, if any, and information collection instrument. (6) An estimate of the total public the applicable component of the DHS Comments are encouraged and will be burden (in hours) associated with the sponsoring the collection: I–864; I– accepted for 60 days from the collection: The total estimated annual 864EZ; I–864A; USCIS. publication date of the proposed rule. hour burden associated with this (4) Affected public who will be asked All submissions received must include collection of information is 26,845 or required to respond, as well as a brief the OMB Control Number 1615–0045 in hours. abstract: Primary: Individuals or the body of the letter and the agency (7) An estimate of the total public households. USCIS uses the data name. To avoid duplicate submissions, burden (in cost) associated with the collected on Form I–864 to determine please use only one of the methods collection: The estimated total annual whether the sponsor has the ability to under the ADDRESSES and I. Public cost burden associated with this support the sponsored alien under Participation section of this rule to collection of information is $428,750. section 213A of the INA. This form standardizes evaluation of a sponsor’s submit comments. Comments on this USCIS Form I–864, I–864A, I–864EZ information collection should address ability to support the sponsored alien one or more of the following four points: DHS and USCIS invite the general and ensures that basic information (1) Evaluate whether the collection of public and other federal agencies to required to assess eligibility is provided information is necessary for the proper comment on the impact to the proposed by petitioners. Form I–864A is a performance of the functions of the collection of information. In accordance contract between the sponsor and the agency, including whether the with the PRA, the information sponsor’s household members. It is only information will have practical utility; collection notice is published in the required if the sponsor used the income (2) Evaluate the accuracy of the Federal Register to obtain comments of his or her household members to agency’s estimate of the burden of the regarding the proposed edits to the reach the required 125 percent of the collection of information, including the information collection instrument. federal poverty guidelines. The contract validity of the methodology and Comments are encouraged and will be holds these household members jointly assumptions used; accepted for 60 days from the and severally liable for the support of (3) Enhance the quality, utility, and publication date of the proposed rule. the sponsored immigrant. The clarity of the information to be All submissions received must include information collection required on Form collected; and the OMB Control Number 1615–0075 in I–864A is necessary for public benefit (4) Minimize the burden of the the body of the letter and the agency agencies to enforce the Affidavit of collection of information on those who name. To avoid duplicate submissions, Support in the event the sponsor used are to respond, including through the please use only one of the methods income of his or her household use of appropriate automated, under the ADDRESSES and I. Public members to reach the required income electronic, mechanical, or other Participation section of this rule to level and the public benefit agencies are

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56407

requesting reimbursement from the validity of the methodology and regarding the proposed edits to the sponsor. assumptions used; information collection instrument. USCIS uses Form I–864EZ in exactly (3) Enhance the quality, utility, and Comments are encouraged and will be the same way as Form I–864; however, clarity of the information to be accepted for 60 days from the less information is collected from the collected; and publication date of the proposed rule. sponsors as less information is needed (4) Minimize the burden of the All submissions received must include from those who qualify in order to make collection of information on those who the OMB Control Number 1615–0048 in a thorough adjudication. are to respond, including through the the body of the letter and the agency (5) An estimate of the total number of use of appropriate automated, name. To avoid duplicate submissions, respondents and the amount of time electronic, mechanical, or other please use only one of the methods estimated for an average respondent to technological collection techniques or under the ADDRESSES and I. Public respond: The estimated total number of other forms of information technology, Participation section of this rule to respondents for Form I–864 is 453,345 e.g., permitting electronic submission of submit comments. Comments on this and the estimated hour burden per responses. information collection should address response is 6 hours; the estimated total Overview of Information Collection one or more of the following four points: number of respondents for Form I–864A (1) Evaluate whether the collection of is 215,800 and the estimated hour (1) Type of Information Collection: information is necessary for the proper burden per response is 1.75 hours; the Revision of a Currently Approved performance of the functions of the estimated total number of respondents Collection. agency, including whether the for Form I–864EZ is 100,000 and the (2) Title of the Form/Collection: information will have practical utility; estimated hour burden per response is Application for Suspension of (2) Evaluate the accuracy of the 2.5 hours; the information collection Deportation or Special Rule agency’s estimate of the burden of the biometrics is 2,822,762 and the Cancellation of Removal. collection of information, including the (3) Agency form number, if any, and estimated hour burden per response is validity of the methodology and the applicable component of the DHS 3.67 hours. assumptions used; sponsoring the collection: I–881; USCIS. (6) An estimate of the total public (4) Affected public who will be asked (3) Enhance the quality, utility, and burden (in hours) associated with the or required to respond, as well as a brief clarity of the information to be collection: The total estimated annual abstract: Primary: Individuals or collected; and hour burden associated with this households. Form I–881 is used by (4) Minimize the burden of the information collection of information is USCIS asylum officers, EOIR collection of information on those who 6,170,482 hours. immigration judges, and BIA board are to respond, including through the (7) An estimate of the total public members to determine eligibility for use of appropriate automated, burden (in cost) associated with the suspension of deportation or special electronic, mechanical, or other collection: The estimated total annual rule cancellation of removal under technological collection techniques or cost burden associated with this Section 203 of the Nicaraguan other forms of information technology, information collection is $135,569,525. Adjustment and Central American e.g., permitting electronic submission of responses. USCIS Form I–881 Relief Act (NACARA). (5) An estimate of the total number of Overview of Information Collection DHS and USCIS invite the general respondents and the amount of time public and other federal agencies to estimated for an average respondent to (1) Type of Information Collection: comment on the impact to the proposed respond: The estimated total number of Revision of a Currently Approved collection of information. In accordance respondents for the information Collection. with the PRA, the information collection Form I–881 is 520 and the (2) Title of the Form/Collection: collection notice is published in the estimated hour burden per response is Application for Premium Processing Federal Register to obtain comments 12 hours; the estimated total number of Service. regarding the proposed edits to the respondents for the information (3) Agency form number, if any, and information collection instrument. collection biometrics is 858 and the the applicable component of the DHS Comments are encouraged and will be estimated hour burden per response is sponsoring the collection: I–907; USCIS. accepted for 60 days from the 3.67 hours. (4) Affected public who will be asked publication date of the proposed rule. (6) An estimate of the total public or required to respond, as well as a brief All submissions received must include burden (in hours) associated with the abstract: Primary: Individuals or the OMB Control Number 1615–0072 in collection: The total estimated annual households. USCIS uses the information the body of the letter and the agency hour burden associated with this provided on Form I–907 to provide name. To avoid duplicate submissions, collection of information is 9,389 hours. petitioners the opportunity to request please use only one of the methods (7) An estimate of the total public faster processing of certain employment- under the ADDRESSES and I. Public burden (in cost) associated with the based petitions and applications. Participation section of this rule to collection: The estimated total annual (5) An estimate of the total number of submit comments. Comments on this cost burden associated with this respondents and the amount of time information collection should address collection of information is $258,505. estimated for an average respondent to one or more of the following four points: respond: The estimated total number of (1) Evaluate whether the collection of USCIS Form I–907 respondents for the information information is necessary for the proper DHS and USCIS invite the general collection form I–907 is 319,301 and the performance of the functions of the public and other federal agencies to estimated hour burden per response is agency, including whether the comment on the impact to the proposed 0.58 hours. information will have practical utility; collection of information. In accordance (6) An estimate of the total public (2) Evaluate the accuracy of the with the PRA, the information burden (in hours) associated with the agency’s estimate of the burden of the collection notice is published in the collection: The total estimated annual collection of information, including the Federal Register to obtain comments hour burden associated with this

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56408 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

collection of information is 185,195 eligibility requirements for benefits. (1) Evaluate whether the collection of hours. This application incorporates information is necessary for the proper (7) An estimate of the total public information pertinent to eligibility performance of the functions of the burden (in cost) associated with the under the Victims of Trafficking and agency, including whether the collection: The estimated total annual Violence Protection Act (VTVPA), information will have practical utility; cost burden associated with this Public Law 106–386, and a request for (2) Evaluate the accuracy of the collection of information is $78,228,500. employment. agency’s estimate of the burden of the (5) An estimate of the total number of collection of information, including the USCIS Form I–914, I–914A respondents and the amount of time validity of the methodology and DHS and USCIS invite the general estimated for an average respondent to assumptions used; public and other federal agencies to respond: The estimated total number of (3) Enhance the quality, utility, and comment on the impact to the proposed respondents for the information clarity of the information to be collection of information. In accordance collection Form I–914 is 980 and the collected; and with the PRA, the information estimated hour burden per response is (4) Minimize the burden of the collection notice is published in the 2.25 hours; the estimated total number collection of information on those who Federal Register to obtain comments of respondents for the information are to respond, including through the regarding the proposed edits to the collection Form I–914A is 1,024 and the use of appropriate automated, information collection instrument. estimated hour burden per response is electronic, mechanical, or other Comments are encouraged and will be 1 hours; the estimated total number of technological collection techniques or accepted for 60 days from the respondents for the information other forms of information technology, publication date of the proposed rule. collection Form I–914B law e.g., permitting electronic submission of All submissions received must include enforcement officer completion activity responses. the OMB Control Number 1615–0099 in is 245 and the estimated hour burden Overview of Information Collection the body of the letter and the agency per response is 3.5 hours; the estimated name. To avoid duplicate submissions, total number of respondents for the (1) Type of Information Collection: please use only one of the methods information collection Form I–914B Revision of a Currently Approved under the ADDRESSES and I. Public contact by respondent to law Collection. Participation section of this rule to enforcement is 245 and the estimated (2) Title of the Form/Collection: submit comments. Comments on this hour burden per response is 0.25 hours; Petition For U Nonimmigrant Status. information collection should address the estimated total number of (3) Agency form number, if any, and one or more of the following four points: respondents for the information the applicable component of the DHS (1) Evaluate whether the collection of collection biometrics is 1,759 and the sponsoring the collection: I–918 information is necessary for the proper estimated hour burden per response is Supplements A and B; USCIS. performance of the functions of the 3.67 hours. (4) Affected public who will be asked agency, including whether the (6) An estimate of the total public or required to respond, as well as a brief information will have practical utility; burden (in hours) associated with the abstract: Primary: Individuals or (2) Evaluate the accuracy of the collection: The total estimated annual households; Federal, State, and local agency’s estimate of the burden of the hour burden associated with this governments. This petition permits collection of information, including the collection of information is 11,502 victims of certain qualifying criminal validity of the methodology and hours. activity and their immediate family assumptions used; (7) An estimate of the total public members to apply for temporary (3) Enhance the quality, utility, and burden (in cost) associated with the nonimmigrant classification. This clarity of the information to be collection: The estimated total annual nonimmigrant classification provides collected; and cost burden associated with this temporary immigration benefits, (4) Minimize the burden of the collection of information is $1,986,400. potentially leading to permanent collection of information on those who resident status, to certain victims of USCIS Form I–918, I–918A are to respond, including through the criminal activity who: Suffered use of appropriate automated, DHS and USCIS invite the general substantial mental or physical abuse as electronic, mechanical, or other public and other federal agencies to a result of having been a victim of technological collection techniques or comment on the impact to the proposed criminal activity; have information other forms of information technology, collection of information. In accordance regarding the criminal activity; and e.g., permitting electronic submission of with the PRA, the information assist government officials in responses. collection notice is published in the investigating and prosecuting such Federal Register to obtain comments criminal activity. Overview of Information Collection regarding the proposed edits to the (5) An estimate of the total number of (1) Type of Information Collection: information collection instrument. respondents and the amount of time Revision of a Currently Approved Comments are encouraged and will be estimated for an average respondent to Collection. accepted for 60 days from the respond: The estimated total number of (2) Title of the Form/Collection: publication date of the proposed rule. respondents for the information Application for T Nonimmigrant Status. All submissions received must include collection Form I–918 is 36,000 and the (3) Agency form number, if any, and the OMB Control Number 1615–0104 in estimated hour burden per response is the applicable component of the DHS the body of the letter and the agency 5 hours; the estimated total number of sponsoring the collection: I–914; USCIS. name. To avoid duplicate submissions, respondents for the information (4) Affected public who will be asked please use only one of the methods collection Form I–918A is 25,000 and or required to respond, as well as a brief under the ADDRESSES and I. Public the estimated hour burden per response abstract: Primary: Individuals or Participation section of this rule to is 1.5 hours; the estimated total number households. The information on all submit comments. Comments on this of respondents for the information three parts of the form will be used to information collection should address collection Form I–918B is 36,000 and determine whether applicants meet the one or more of the following four points: the estimated hour burden per response

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56409

is 1 hour; the estimated total number of (2) Title of the Form/Collection: cost burden associated with this respondents for the information Application for Regional Center Under collection of information is $1,410,200. collection biometrics is 61,000 and the the Immigrant Investor Program. USCIS Form I–929 estimated hour burden per response is (3) Agency form number, if any, and 3.67 hours. the applicable component of the DHS DHS and USCIS invite the general (6) An estimate of the total public sponsoring the collection: I–924; USCIS. public and other federal agencies to burden (in hours) associated with the (4) Affected public who will be asked comment on the impact to the proposed collection: The total estimated annual or required to respond, as well as a brief collection of information. In accordance hour burden associated with this abstract: Primary: Individuals or with the PRA, the information collection of information is 477,370 households. The data collected on Form collection notice is published in the hours. I–924 and Form I–924A is used by Federal Register to obtain comments regarding the proposed edits to the (7) An estimate of the total public USCIS to determine eligibility for an information collection instrument. burden (in cost) associated with the entity to be designated as a regional Comments are encouraged and will be collection: The estimated total annual center, under the Immigrant Investor accepted for 60 days from the cost burden associated with this Pilot Program created by section 610 of publication date of the proposed rule. collection of information is $259,250. Public Law 102–395 (October 6, 1992). A regional center is defined as any All submissions received must include USCIS Form I–924, I–924A economic unit, public or private, the OMB Control Number 1615–0106 in the body of the letter and the agency DHS and USCIS invite the general engaged in the promotion of economic growth, improved regional productivity, name. To avoid duplicate submissions, public and other federal agencies to please use only one of the methods comment on the impact to the proposed job creation, and increased domestic capital investment. Alien entrepreneurs under the ADDRESSES and I. Public collection of information. In accordance Participation section of this rule to with the PRA, the information (EB–5 alien investors) admitted to the United States under section 203(b)(5) of submit comments. Comments on this collection notice is published in the information collection should address Federal Register to obtain comments the INA may meet the job creation requirements under INA section one or more of the following four points: regarding the proposed edits to the (1) Evaluate whether the collection of information collection instrument. 203(b)(5)(A)(ii) through the creation of indirect jobs through capital information is necessary for the proper Comments are encouraged and will be investments made in commercial performance of the functions of the accepted for 60 days from the enterprises that are affiliated with agency, including whether the publication date of the proposed rule. regional centers that are designated for information will have practical utility; All submissions received must include participation in the pilot program. The (2) Evaluate the accuracy of the the OMB Control Number 1615–0061 in requirements for obtaining and agency’s estimate of the burden of the the body of the letter and the agency terminating the regional center collection of information, including the name. To avoid duplicate submissions, designation for participation in the pilot validity of the methodology and please use only one of the methods program are in 8 CFR 204.6(m)(3). assumptions used; under the ADDRESSES and I. Public (3) Enhance the quality, utility, and (5) An estimate of the total number of Participation section of this rule to clarity of the information to be respondents and the amount of time submit comments. Comments on this collected; and information collection should address estimated for an average respondent to (4) Minimize the burden of the one or more of the following four points: respond: The estimated total number of collection of information on those who respondents for the information are to respond, including through the (1) Evaluate whether the collection of collection of Form I–924 is 400 and the information is necessary for the proper use of appropriate automated, estimated hour burden per response is electronic, mechanical, or other performance of the functions of the 51 hours; the estimated total number of agency, including whether the technological collection techniques or respondents for the information other forms of information technology, information will have practical utility; collection of Form I–924A Instructions (2) Evaluate the accuracy of the e.g., permitting electronic submission of is 882 and the estimated hour burden responses. agency’s estimate of the burden of the per response is 14 hours; the estimated collection of information, including the total number of respondents for the Overview of Information Collection validity of the methodology and information collection of Form I–924A (1) Type of Information Collection: assumptions used; Compliant Review is 40 and the Revision of a Currently Approved (3) Enhance the quality, utility, and estimated hour burden per response is Collection. clarity of the information to be 24 hours; the estimated total number of (2) Title of the Form/Collection: collected; and respondents for the information Petition for Qualifying Family Member (4) Minimize the burden of the collection of Form I–924A Site Visit is of a U–1 Nonimmigrant. collection of information on those who 40 and the estimated hour burden per (3) Agency form number, if any, and are to respond, including through the response is 16 hours; biometrics is 400 the applicable component of the DHS use of appropriate automated, and the estimated hour burden per sponsoring the collection: I–929; USCIS. electronic, mechanical, or other response is 3.67 hours. (4) Affected public who will be asked technological collection techniques or (6) An estimate of the total public or required to respond, as well as a brief other forms of information technology, burden (in hours) associated with the abstract: Primary: Individuals or e.g., permitting electronic submission of collection: The total estimated annual households. Section 245(m) of the INA responses. hour burden associated with this allows certain qualifying family collection of information is 34,216 members who have never held U Overview of Information Collection hours. nonimmigrant status to seek lawful (1) Type of Information Collection: (7) An estimate of the total public permanent residence or apply for Revision of a Currently Approved burden (in cost) associated with the immigrant visas. Before such family Collection. collection: The estimated total annual members may apply for adjustment of

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56410 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

status or seek immigrant visas, the U– (4) Minimize the burden of the All submissions received must include 1 nonimmigrant who has been granted collection of information on those who the OMB Control Number 1615–0052 in adjustment of status must file an are to respond, including through the the body of the letter and the agency immigrant petition on behalf of the use of appropriate automated, name. To avoid duplicate submissions, qualifying family member using Form I– electronic, mechanical, or other please use only one of the methods 929. Form I–929 is necessary for USCIS technological collection techniques or under the ADDRESSES and I. Public to make a determination that the other forms of information technology, Participation section of this rule to eligibility requirements and conditions e.g., permitting electronic submission of submit comments. Comments on this are met regarding the qualifying family responses. information collection should address member. one or more of the following four points: (5) An estimate of the total number of Overview of Information Collection (1) Evaluate whether the collection of respondents and the amount of time (1) Type of Information Collection: information is necessary for the proper estimated for an average respondent to Revision of a Currently Approved performance of the functions of the respond: The estimated total number of Collection. agency, including whether the respondents for the information (2) Title of the Form/Collection: information will have practical utility; collection Form I–929 is 1,500 and the Request for Hearing on a Decision in (2) Evaluate the accuracy of the estimated hour burden per response is Naturalization Proceedings under agency’s estimate of the burden of the 1 hour; the estimated total number of Section 336. collection of information, including the respondents for the information (3) Agency form number, if any, and validity of the methodology and collection biometrics is 1,500 and the the applicable component of the DHS assumptions used; estimated hour burden per response is sponsoring the collection: N–336; (3) Enhance the quality, utility, and 3.67 hours. USCIS. clarity of the information to be (6) An estimate of the total public (4) Affected public who will be asked collected; and burden (in hours) associated with the or required to respond, as well as a brief (4) Minimize the burden of the collection: The total estimated annual abstract: Primary: Individuals or collection of information on those who hour burden associated with this households. This form provides a are to respond, including through the collection of information is 7,005 hours. method for applicants, whose use of appropriate automated, (7) An estimate of the total public applications for naturalization are electronic, mechanical, or other burden (in cost) associated with the denied, to request a new hearing by an technological collection techniques or collection: The estimated total annual Immigration Officer of the same or other forms of information technology, cost burden associated with this higher rank as the denying officer, e.g., permitting electronic submission of collection of information is $183,750. within 30 days of the original decision. responses. (5) An estimate of the total number of USCIS Form N–336 respondents and the amount of time Overview of Information Collection DHS and USCIS invite the general estimated for an average respondent to (1) Type of Information Collection: public and other federal agencies to respond: The estimated total number of Revision of a Currently Approved comment on the impact to the proposed respondents for the information Collection. collection of information. In accordance collection Form N–336 (paper) is 4,500 (2) Title of the Form/Collection: with the PRA, the information and the estimated hour burden per Application for Naturalization. collection notice is published in the response is 2.75 hours; the estimated (3) Agency form number, if any, and Federal Register to obtain comments total number of respondents for the the applicable component of the DHS regarding the proposed edits to the information collection Form N–336 (e- sponsoring the collection: N–400; information collection instrument. filing) is 500 and the estimated hour USCIS. Comments are encouraged and will be burden per response is 2.5 hours. (4) Affected public who will be asked accepted for 60 days from the (6) An estimate of the total public or required to respond, as well as a brief publication date of the proposed rule. burden (in hours) associated with the abstract: Primary: Individuals or All submissions received must include collection: The total estimated annual households. Form N–400 allows USCIS the OMB Control Number 1615–0050 in hour burden associated with this to fulfill its mission of fairly the body of the letter and the agency collection of information is 13,625 adjudicating naturalization applications name. To avoid duplicate submissions, hours. and only naturalizing statutorily eligible please use only one of the methods (7) An estimate of the total public individuals. Naturalization is the under the ADDRESSES and I. Public burden (in cost) associated with the process by which U.S. citizenship is Participation section of this rule to collection: The estimated total annual granted to a foreign citizen or national submit comments. Comments on this cost burden associated with this after he or she fulfills the requirements information collection should address collection of information is $2,317,500. established by Congress in the INA. one or more of the following four points: USCIS uses Form N–400 to verify that (1) Evaluate whether the collection of USCIS Form N–400 the applicant has met the requirements information is necessary for the proper DHS and USCIS invite the general for naturalization. performance of the functions of the public and other federal agencies to (5) An estimate of the total number of agency, including whether the comment on the impact to the proposed respondents and the amount of time information will have practical utility; collection of information. In accordance estimated for an average respondent to (2) Evaluate the accuracy of the with the PRA, the information respond: The estimated total number of agency’s estimate of the burden of the collection notice is published in the respondents for the information collection of information, including the Federal Register to obtain comments collection Form N–400 (paper) is validity of the methodology and regarding the proposed edits to the 567,314 and the estimated hour burden assumptions used; information collection instrument. per response is 9.17 hours; the (3) Enhance the quality, utility, and Comments are encouraged and will be estimated total number of respondents clarity of the information to be accepted for 60 days from the for the information collection Form N– collected; and publication date of the proposed rule. 400 (e-filing) is 214,186 and the

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56411

estimated hour burden per response is (2) Title of the Form/Collection: (2) Evaluate the accuracy of the 3.5 hours; the estimated total number of Application to Preserve Residence for agency’s estimate of the burden of the respondents for the information Naturalization. collection of information, including the collection biometrics is 778,000 and the (3) Agency form number, if any, and validity of the methodology and estimated hour burden per response is the applicable component of the DHS assumptions used; 3.67 hours. sponsoring the collection: N–470; (3) Enhance the quality, utility, and (6) An estimate of the total public USCIS. clarity of the information to be burden (in hours) associated with the (4) Affected public who will be asked collected; and collection: The total estimated annual or required to respond, as well as a brief (4) Minimize the burden of the hour burden associated with this abstract: Primary: Individuals or collection of information on those who collection of information is 8,807,180 households. The information collected are to respond, including through the hours. on Form N–470 will be used to use of appropriate automated, (7) An estimate of the total public determine whether an alien who intends electronic, mechanical, or other burden (in cost) associated with the to be absent from the United States for technological collection techniques or collection: The estimated total annual a period of one year or more is eligible other forms of information technology, cost burden associated with this to preserve residence for naturalization e.g., permitting electronic submission of collection of information is purposes. responses. $346,768,928. (5) An estimate of the total number of Overview of Information Collection respondents and the amount of time USCIS Form N–470 (1) Type of Information Collection: estimated for an average respondent to Revision of a Currently Approved DHS and USCIS invite the general respond: The estimated total number of public and other federal agencies to Collection. respondents for the information (2) Title of the Form/Collection: comment on the impact to the proposed collection Form N–470 is 330 and the collection of information. In accordance Application for Replacement estimated hour burden per response is Naturalization/Citizenship Document. with the PRA, the information 0.6 hours; the estimated total number of collection notice is published in the (3) Agency form number, if any, and respondents for the information the applicable component of the DHS Federal Register to obtain comments collection biometrics processing is 330 regarding the proposed edits to the sponsoring the collection: N–565; and the estimated hour burden per USCIS. information collection instrument. response is 3.67 hours. Comments are encouraged and will be (4) Affected public who will be asked (6) An estimate of the total public accepted for 60 days from the or required to respond, as well as a brief burden (in hours) associated with the publication date of the proposed rule. abstract: Primary: Individuals or collection: The total estimated annual All submissions received must include households. The form is provided by hour burden associated with this the OMB Control Number 1615–0056 in USCIS to determine the applicant’s collection of information is 561 hours. the body of the letter and the agency eligibility for a replacement document. name. To avoid duplicate submissions, (7) An estimate of the total public An applicant may file for a replacement please use only one of the methods burden (in cost) associated with the if he or she was issued one of the collection: The estimated total annual under the ADDRESSES and I. Public documents described above and it was Participation section of this rule to cost burden associated with this lost, mutilated, or destroyed, or if the submit comments. Comments on this collection of information is $40,425. applicant’s name was changed by a information collection should address USCIS Form N–565 marriage or by court order after the one or more of the following four points: document was issued and now seeks a (1) Evaluate whether the collection of DHS and USCIS invite the general document in the new name. If the information is necessary for the proper public and other federal agencies to applicant is a naturalized citizen who performance of the functions of the comment on the impact to the proposed desires to obtain recognition as a citizen agency, including whether the collection of information. In accordance of the United States by a foreign information will have practical utility; with the PRA, the information country, he or she may apply for a (2) Evaluate the accuracy of the collection notice is published in the special certificate for that purpose. agency’s estimate of the burden of the Federal Register to obtain comments (5) An estimate of the total number of collection of information, including the regarding the proposed edits to the respondents and the amount of time validity of the methodology and information collection instrument. estimated for an average respondent to assumptions used; Comments are encouraged and will be respond: The estimated total number of (3) Enhance the quality, utility, and accepted for 60 days from the respondents for the information clarity of the information to be publication date of the proposed rule. collection Form N–565 (paper filing) is collected; and All submissions received must include 18,552 and the estimated hour burden (4) Minimize the burden of the the OMB Control Number 1615–009 in per response is 1.33 hours; the collection of information on those who the body of the letter and the agency estimated total number of respondents are to respond, including through the name. To avoid duplicate submissions, for the information collection Form N– use of appropriate automated, please use only one of the methods 565 (online filing) is 9,138 and the electronic, mechanical, or other under the ADDRESSES and I. Public estimated hour burden per response is technological collection techniques or Participation section of this rule to 0.917 hours; the estimated total number other forms of information technology, submit comments. Comments on this of respondents for the information e.g., permitting electronic submission of information collection should address collection biometrics is 27,690 and the responses. one or more of the following four points: estimated hour burden per response is (1) Evaluate whether the collection of 3.67 hours. Overview of Information Collection information is necessary for the proper (6) An estimate of the total public (1) Type of Information Collection: performance of the functions of the burden (in hours) associated with the Revision of a Currently Approved agency, including whether the collection: The total estimated annual Collection. information will have practical utility; hour burden associated with this

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56412 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

collection of information is 138,450 information from respondents who are (1) Evaluate whether the collection of hours. requesting a Certificate of Citizenship information is necessary for the proper (7) An estimate of the total public because they acquired U.S. citizenship performance of the functions of the burden (in cost) associated with the either by birth abroad to a U.S. citizen agency, including whether the collection: The estimated total annual parent(s), adoption by a U. S. citizen information will have practical utility; cost burden associated with this parent(s), or after meeting eligibility (2) Evaluate the accuracy of the collection of information is $3,392,025. requirements after the naturalization of agency’s estimate of the burden of the a foreign born parent. This form is also collection of information, including the USCIS Form N–600 used by applicants requesting a validity of the methodology and DHS and USCIS invite the general Certificate of Citizenship because they assumptions used; public and other federal agencies to automatically became a citizen of the (3) Enhance the quality, utility, and comment on the impact to the proposed United States after meeting eligibility clarity of the information to be collection of information. In accordance requirements for acquisition of collected; and with the PRA, the information citizenship by foreign-born children. (4) Minimize the burden of the collection notice is published in the USCIS uses the information collected on collection of information on those who Federal Register to obtain comments Form N–600 to determine if a Certificate are to respond, including through the regarding the proposed edits to the of Citizenship can be issued to the use of appropriate automated, information collection instrument. applicant. electronic, mechanical, or other Comments are encouraged and will be (5) An estimate of the total number of technological collection techniques or accepted for 60 days from the respondents and the amount of time other forms of information technology, publication date of the proposed rule. estimated for an average respondent to e.g., permitting electronic submission of All submissions received must include respond: The estimated total number of responses. the OMB Control Number 1615–0057 in respondents for the information Overview of Information Collection the body of the letter and the agency collection Form N–600 (paper) is 33,000 name. To avoid duplicate submissions, and the estimated hour burden per (1) Type of Information Collection: please use only one of the methods response is 1.58 hours; the estimated Revision of a Currently Approved under the ADDRESSES and I. Public total number of respondents for the Collection. Participation section of this rule to information collection Form N–600 (e- (2) Title of the Form/Collection: submit comments. Comments on this filing) is 34,000 and the estimated hour Application for Citizenship and information collection should address burden per response is .75 hours; the Issuance of Certificate Under Section one or more of the following four points: estimated total number of respondents 322. (1) Evaluate whether the collection of for the information collection biometrics (3) Agency form number, if any, and information is necessary for the proper is 67,000 and the estimated hour burden the applicable component of the DHS performance of the functions of the per response is 3.67 hours. sponsoring the collection: N–600K; agency, including whether the (6) An estimate of the total public USCIS. information will have practical utility; burden (in hours) associated with the (4) Affected public who will be asked (2) Evaluate the accuracy of the collection: The total estimated annual or required to respond, as well as a brief agency’s estimate of the burden of the hour burden associated with this abstract: Primary: Individuals or collection of information, including the collection of information is 323,530 households. Form N–600K is used by validity of the methodology and hours. children who regularly reside in a assumptions used; (7) An estimate of the total public foreign country to claim U.S. citizenship (3) Enhance the quality, utility, and burden (in cost) associated with the based on eligibility criteria met by their clarity of the information to be collection: The estimated total annual U.S. citizen parent(s) or grandparent(s). collected; and cost burden associated with this The form may be used by both (4) Minimize the burden of the collection of information is $8,331,250. biological and adopted children under collection of information on those who age 18. USCIS uses information USCIS Form N–600K are to respond, including through the collected on this form to determine that use of appropriate automated, DHS and USCIS invite the general the child has met all of the eligibility electronic, mechanical, or other public and other federal agencies to requirements for naturalization under technological collection techniques or comment on the impact to the proposed section 322 of the INA. If determined other forms of information technology, collection of information. In accordance eligible, USCIS will naturalize and issue e.g., permitting electronic submission of with the PRA, the information the child a Certificate of Citizenship responses. collection notice is published in the before the child reaches age 18. Federal Register to obtain comments (5) An estimate of the total number of Overview of Information Collection regarding the proposed edits to the respondents and the amount of time (1) Type of Information Collection: information collection instrument. estimated for an average respondent to Revision of a Currently Approved Comments are encouraged and will be respond: The estimated total number of Collection. accepted for 60 days from the respondents for the information (2) Title of the Form/Collection: publication date of the proposed rule. collection Form N–600K (paper) is 1,300 Application for Certificate of All submissions received must include and the estimated hour burden per Citizenship. the OMB Control Number 1615–0087 in response is 2.08 hours; the estimated (3) Agency form number, if any, and the body of the letter and the agency total number of respondents for the the applicable component of the DHS name. To avoid duplicate submissions, information collection Form N–600K (e- sponsoring the collection: N–600; please use only one of the methods filing) is 1,700 and the estimated hour USCIS. under the ADDRESSES and I. Public burden per response is 1.5 hours; the (4) Affected public who will be asked Participation section of this rule to estimated total number of respondents or required to respond, as well as a brief submit comments. Comments on this for the information collection biometrics abstract: Primary: Individuals or information collection should address is 3,000 and the estimated hour burden households. Form N–600 collects one or more of the following four points: per response is 3.67 hours.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56413

(6) An estimate of the total public immigration benefit request Interference with Constitutionally burden (in hours) associated with the requirements. DHS has determined that Protected Property Rights. collection: The total estimated annual this rule does not individually or N. Executive Order 13045: Protection of hour burden associated with this cumulatively have a significant effect on Children From Environmental Health collection of information is 16,264 the human environment because it fits Risks and Safety Risks hours. within categorical exclusion number (7) An estimate of the total public A3(d) in Dir. 023–01 Rev. 01, Appendix Executive Order 13045 requires burden (in cost) associated with the A, Table 1, for rules that interpret or agencies to consider the impacts of collection: The estimated total annual amend an existing regulation without environmental health risk or safety risk cost burden associated with this changing its environmental effect. This that may disproportionately affect collection of information is $372,375. rule is not part of a larger action and children. DHS has reviewed this rule H. Family Assessment presents no extraordinary circumstances and determined that this rule is not a creating the potential for significant covered regulatory action under This regulation may affect family environmental effects. This rule is Executive Order 13045. Although the well-being as that term is defined in categorically excluded from further rule is economically significant, it section 654 of the Treasury General NEPA review. would not create an environmental risk Appropriations Act, 1999, Public Law to health or risk to safety that might J. Congressional Review Act 105–277, Div. A, 112 Stat. 2681–528 disproportionately affect children. (Oct. 21, 1998), as amended, 5 U.S.C. The Congressional Review Act (5 Therefore, DHS has not prepared a 601 note. This action has been assessed U.S.C. 801 et seq.) requires rules to be statement under this executive order. in accordance with the criteria specified submitted to Congress before taking by section 654(c). This regulation will effect. If implemented as proposed, we O. Executive Order 13211: Actions enhance family well-being by helping will submit to Congress and the Concerning Regulations That DHS adjudicate immigration benefit Comptroller General of the United Significantly Affect Energy Supply, requests, address national security, States a report regarding the issuance of Distribution, or Use public safety, fraud concerns, and the final rule before its effective date, as Executive Order 13211 requires preclude imposters. required by 5 U.S.C. 801. agencies to consider the impact of rules I. National Environmental Policy Act K. Executive Order 13175 that significantly impact the supply, DHS Directive (Dir) 023–01 Rev. 01 distribution, and use of energy. DHS has This rule does not have tribal reviewed this rule and determined that establishes the procedures that DHS and implications under Executive Order its components use to comply with the this rule would not have a significant 13175, Consultation and Coordination adverse effect on the supply, National Environmental Policy Act with Indian Tribal Governments, (NEPA) and the Council on distribution, or use of energy. Therefore, because it does not have a substantial this rule does not require a Statement of Environmental Quality (CEQ) direct effect on one or more Indian regulations for implementing NEPA. 40 Energy Effects under Executive Order tribes, on the relationship between the 13211. CFR parts 1500–1508. The CEQ Federal Government and Indian tribes, regulations allow federal agencies to or on the distribution of power and P. Signature establish, with CEQ review and responsibilities between the Federal The Acting Secretary of Homeland concurrence, categories of actions Government and Indian tribes. (‘‘categorical exclusions’’) which Security, Chad F. Wolf, having reviewed experience has shown do not L. National Technology Transfer and and approved this document, is individually or cumulatively have a Advancement Act delegating the authority to electronically sign this document to Chad R. Mizelle, significant effect on the human The National Technology Transfer environment and, therefore, do not who is the Senior Official Performing and Advancement Act (NTTAA) (15 the Duties of the General Counsel for require an environmental assessment or U.S.C. 272 note) directs agencies to use environmental impact statement. 40 DHS, for purposes of publication in the voluntary consensus standards in their Federal Register. CFR 1507.3(b)(2)(ii) and 1508.4. Dir. regulatory activities unless the agency 023–01 Rev. 01 establishes categorical provides Congress, through OMB, with List of Subjects exclusions that DHS has found to have an explanation of why using these 8 CFR Part 1 no such effect. Dir. 023–01 Rev. 01 standards would be inconsistent with Appendix A Table 1. For an action to be applicable law or otherwise impractical. Administrative practice and categorically excluded from further Voluntary consensus standards are procedure, Immigration. NEPA review, Dir. 023–01 Rev. 01 technical standards (e.g., specifications 8 CFR Part 103 requires the action to satisfy each of the of materials, performance, design, or following three conditions: (1) The operation; test methods; sampling Administrative practice and entire action clearly fits within one or procedures; and related management procedure, Powers and Duties; more of the categorical exclusions; (2) systems practices) that are developed or Availability of Records; Authority the action is not a piece of a larger adopted by voluntary consensus delegations (Government agencies), action; and (3) no extraordinary standard bodies. This rule does not use Freedom of information, Privacy, circumstances exist that create the technical standards. Therefore, we did Reporting and recordkeeping potential for a significant environmental not consider the use of voluntary requirements, Surety bonds. effect. Dir. 023–01 Rev. 01 section V.B consensus standards. 8 CFR Part 204 (1)–(3). DHS analyzed this action and does M. Executive Order 12630 Administrative practice and not consider it to significantly affect the This rule would not cause the taking procedure, Aliens, Immigration, quality of the human environment. This of private property or otherwise have Employment, Petitions, Reporting, proposed rule would only change taking implications under Executive Passports and visas, and recordkeeping USCIS biometrics collection and a few Order 12630, Governmental Actions and requirements.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56414 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

8 CFR Part 207 8 CFR Part 316 evidence creates a presumption of Immigration, Refugees, Reporting and Citizenship and naturalization, ineligibility. If a required document, recordkeeping requirements. Reporting and recordkeeping such as a birth or marriage certificate, requirements. does not exist or cannot be obtained, an 8 CFR Part 208 applicant, petitioner, or requestor must Administrative practice and 8 CFR Part 333 demonstrate this and submit secondary procedure, Aliens, Immigration, Photographs. evidence, such as church or school Reporting and recordkeeping records, pertinent to the facts at issue. requirements. 8 CFR Part 335 If secondary evidence also does not Examination on application for exist or cannot be obtained, the 8 CFR Part 209 naturalization. applicant, petitioner, or requestor must Aliens, Immigration, Refugees. Accordingly, chapter I of title 8 of the demonstrate the unavailability of both the required document and relevant 8 CFR Part 210 Code of Federal Regulations is proposed to be amended as follows: secondary evidence, and submit two or Aliens, Migrant labor, Reporting and more affidavits, sworn to or affirmed by recordkeeping requirements. PART 1—DEFINITIONS persons who are not parties to the 8 CFR Part 212 petition who have direct personal ■ 1. The authority citation for part 1 knowledge of the event and Documentary requirements: continues to read as follows: circumstances. Secondary evidence Nonimmigrants; Waivers; Admission of must overcome the unavailability of certain inadmissible aliens; Parole. Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 U.S.C. 301; Public Law 107–296, 116 Stat. primary evidence, and affidavits must 8 CFR Part 214 2135 (6 U.S.C. 1 et seq.). overcome the unavailability of both primary and secondary evidence. If DHS Administrative practice and ■ 2. Section 1.2 is amended by adding requires submission of specific procedure, Aliens, Employment, definitions for ‘‘Biometrics’’ and ‘‘DNA’’ biometrics, under 8 CFR part 103.16, Foreign officials, Health professions, in alphaetical order to read as follows: neither secondary evidence nor Reporting and recordkeeping § 1.2 Definitions. affidavits will overcome the requirements, Students. * * * * * unavailability of the requested 8 CFR Part 215 Biometrics means the measurable biometrics. Controls of Aliens Departing from the biological (anatomical and * * * * * United States; Electronic Visa Update physiological) or behavioral (9) Appearance for interview. (i) DHS System. characteristics of an individual, may require any applicant, petitioner, including an individual’s fingerprints, sponsor, beneficiary, or individual filing 8 CFR Part 216 palm prints, photograph (facial image), a benefit or other request, or any group Conditional Basis of Lawful signature, iris (iris image), voice (voice or class of such individuals submitting Permanent Residence Status. print), and/or DNA (partial DNA profile) requests, to appear for an interview at any time. Such appearance may also be 8 CFR Part 235 (subject to the limitations in 8 CFR 103.16(d)(2). required by law, regulation, form Administrative practice and * * * * * instructions, or Federal Register notice procedure, Aliens, Immigration, DNA means deoxyribonucleic acid, applicable to the request type. Reporting and recordkeeping which carries the genetic instructions (ii) An interview may be waived by requirements. used in the growth, development, DHS, for an entire population or on a case-by-case basis, solely at its 8 CFR Part 236 functioning, and reproduction of all known living organisms. discretion. Administrative practice and (iii) Each individual required to procedure, Aliens, Immigration. * * * * * appear under this paragraph will be 8 CFR Part 240 PART 103—IMMIGRATION BENEFITS; provided notice of the date, time, and BIOMETRIC REQUIREMENTS; location of an interview. Administrative practice and (iv) Failure to appear for a scheduled AVAILABILITY OF RECORDS procedure, Immigration. interview without prior authorization 8 CFR Part 244 ■ 3. The authority citation for part 103 from USCIS may result in denial, continues to read as follows: administrative closure, dismissal of the Aliens, Reporting and recordkeeping applicable immigration benefit request requirements. Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; or other request, waiver of the right to 8 CFR Part 245 Public Law 107–296, 116 Stat. 2135 (6 U.S.C. an interview, or termination of status, if Aliens, Immigration, Reporting and 1 et seq.); E.O. 12356, 47 FR 14874, 15557; applicable. USCIS may reschedule the recordkeeping requirements. 3 CFR, 1982 Comp., p. 166; 8 CFR part 2; interview at its discretion. Pub. L. 112–54. (v) Any individual required to appear 8 CFR Part 245a ■ 4. Section 103.2 is amended by under this paragraph or any individual Aliens, Immigration, Reporting and revising paragraphs (b)(2)(i), (b)(9), and authorized to file an application, recordkeeping requirements. (b)(13) to read as follows: petition, or benefit request on behalf of an individual who may be required to 8 CFR Part 264 § 103.2 Submission and adjudication of appear under this paragraph may, before Reporting and recordkeeping benefit requests. the scheduled date and time of the requirements. * * * * * appearance, either: (b) * * * (A) For good cause, request that the 8 CFR Part 287 (2) * * * interview be rescheduled; or Immigration, Law enforcement (i) General. The non-existence or (B) If applicable, withdraw the officers. other unavailability of required application, petition, benefit request, or

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56415

any other request as provided in 8 CFR an exemption thereof for an entire group interview waived, deny, reopen, refer to 103.2(b)(6). as follows: the Executive Office for Immigration (vi) For an asylum application or (i) For an individual waiver, initiated Review, dismiss, and/or take any other asylum-related benefit, see 8 CFR by DHS at DHS’s discretion, or based on administrative action on any associated 208.10. a request for a reasonable pending immigration benefit or other * * * * * accommodation because of age, request; or (13) Effect of failure to respond to a disability, or other reasons making it (2) Revocation. DHS may terminate, request for evidence or failure to submit impossible or unreasonable to appear rescind, or revoke the individual’s evidence or respond to a notice of intent for biometrics or provide a prescribed immigration status, petition, benefit, or to deny. If the petitioner, applicant, or biometric. In such instances, when relief, where authorized by law. (3) Asylum applicants. For an asylum requestor fails to respond to a request photographs are required as part of the application or asylum-related benefit, for evidence or to a notice of intent to biometrics collection, USCIS will ‘‘good cause’’ requires a showing of deny by the required date, the benefit provide an alternative mechanism to exceptional circumstances see 8 CFR request may be summarily denied as meet the requirement. (ii) For exemption of an entire group, 208.10. abandoned, denied based on the record, if the Secretary (or Secretary’s designee) (c) Updates to biometrics—(1) During or denied for both reasons. If other determines that biometrics, or certain adjudication. Unless waived or requested material necessary to the biometric modalities, for that form, exempted, any applicant, petitioner, processing and approval of a case are program, or group are not required and sponsor, beneficiary, or individual filing not submitted by the required date, the that an exemption would be in the or certain individuals associated with a application, petition, benefit request, or Government’s interest and consistent benefit or other request as described in any other request may be summarily with other applicable law, DHS will this chapter, including U.S. citizens and denied as abandoned. provide notice in the applicable form lawful permanent residents, must ■ 5. Revise § 103.16 to read as follows: instructions, a Federal Register notice, appear as requested to submit § 103.16 Biometrics services. by posting notification on the USCIS biometrics to DHS upon notice while the benefit or other request is pending (a) Collection—(1) Required unless website, or any combination thereof. (iii) As otherwise provided by law or with DHS. waived. Any applicant, petitioner, (2) After approval. Any individual sponsor, derivative, dependent, regulation. (iv) Aliens who request a benefit that alien may be required to submit beneficiary, or individual filing or results in a secure identity document biometrics again for purposes of associated with benefit requests as must submit a photograph in continuous vetting, unless and until he defined in this chapter, or any other accordance with the requirements or she is granted U.S. citizenship. A request or form of relief, must submit prescribed by DHS regardless of any lawful permanent resident or United biometrics to DHS unless the request is exemption or waiver on the submission States citizen may be required to submit exempted or the requirement is waived of biometrics that he or she may be biometrics if he or she filed an by DHS. DHS may waive the provided. application, petition, or request in the requirement in accordance with (6) Intercountry adoption biometrics. past and it was either reopened or the paragraph (a)(5) of this section, a For intercountry adoption-related previous approval is relevant to an Federal Register notice, or as otherwise applications and petitions under 8 CFR application, petition, or benefit request provided by law or regulation. This 204.3, or 8 CFR 204.301 to 204.314, in currently pending with DHS. Regional section applies only to individuals addition to the individuals identified in center principals and, if the principal is submitting applications, petitions, or paragraph (a)(1), USCIS will collect a legal entity or organization, persons requests to USCIS, including United biometrics for the applicant or having ownership, control, or a States citizens, without regard to age. petitioner’s spouse and each additional beneficial interest in the principal legal (2) Frequency of submission. DHS adult member of the prospective entity or organization, including U.S. may collect biometrics for an individual adoptive parents’ household, regardless citizens, may also be required to submit more than once or, at its discretion, of citizenship, as defined at 8 CFR biometrics again for purposes of reuse previously collected biometrics, as 204.301. The particular intercountry continuous vetting. necessary. adoption-related application or petition (d) Use and retention—(1) Biometrics (3) Method of submission. When not will state this requirement, where it other than DNA. DHS may store exempted or waived, DHS will prescribe applies, in the form instructions. biometrics, other than raw DNA, the manner in which biometric (7) Reschedule submission. DHS or its submitted by an individual as required collection is to be conducted in a notice designee may reschedule the biometrics by this section and use or reuse these to the individual. Each individual will collection at its discretion, or where, biometrics to conduct background and be provided notice of the date, time, and before issuing the biometrics notice, security checks, verify identity, produce location of his or her appointment for DHS received a valid change of address documents, determine eligibility for biometrics collection. DHS will request but the biometrics notice was immigration and naturalization benefits, schedule the biometric collection at the not sent to the updated address. or as necessary for administering and nearest appropriate location to the (8) Reschedule timing. An individual enforcing immigration and individual, unless there is good cause to may reschedule their biometrics naturalization laws. Biometrics schedule at another location. collection appointment prior to the collected, other than DNA, may be (4) Removal of exemption. DHS may appointment, for any cause, one time. shared with appropriate federal, state, change its decision to exempt (b) Failure to appear for biometrics and local law enforcement; or biometrics for a form, program, or group collection. If an individual fails to intelligence community entities; foreign at a later date and will provide public appear without good cause when DHS governments, as authorized by law and/ notification of the change. or its designee scheduled a biometrics or international agreements. (5) Waiver of biometrics. DHS may appointment: (2) DNA evidence as proof of a genetic waive the biometrics collection (1) Waiver of rights. DHS will, as relationship. (i) DHS may require, requirement for an individual or grant appropriate, deem any right to an request, or accept the submission of

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56416 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

DNA or DNA test results to verify a (ii) Photograph(s) of the beneficiary as parentage, and a certified copy of the claimed genetic relationship or described in the relevant form adoption decree, issued by the determine whether a genetic instructions, appropriate civil authority, must relationship exists. DHS may use and (iii) A certificate of marriage issued by accompany the petition. store DNA test results, which include a civil authorities; and, * * * * * partial DNA profile, as evidence of a (iv) Proof of the legal termination of (e) * * * claimed genetic relationship: all previous marriages of both the (2) * * * (A) To determine eligibility for petitioner and the beneficiary. (v) Good moral character. The self- immigration and naturalization benefits; (v) Photographs that do not comply petitioner’s good moral character is or, with form instructions may be accepted determined upon review of any credible (B) To perform any other functions by USCIS when the petitioner or and relevant evidence, which includes, necessary for administering and beneficiary reside(s) in a region where but is not limited to, evidence submitted enforcing immigration and such photographs are unavailable. by the self-petitioner and criminal naturalization laws. (c) * * * history information obtained through (ii) DHS may at its discretion consider (2) * * * the self-petitioner’s biometrics. USCIS DNA test results, which include a (v) Good moral character. The self- will assess the good moral character of partial DNA profile, as primary or petitioner’s good moral character is the self-petitioner for a three year period secondary evidence of the claimed determined upon review of any credible immediately preceding the filing of the genetic relationships for any benefit or and relevant evidence, which includes, self-petition. USCIS may consider the request. but is not limited to, evidence submitted self-petitioner’s conduct beyond the (iii) DHS will only use and handle by the self-petitioner and criminal three years preceding the petition filing, raw DNA as long as necessary to obtain history information obtained through if the earlier conduct and acts appear DNA test results, which include a the self-petitioner’s biometrics. USCIS relevant to a determination of the self- partial DNA profile. DHS will destroy will assess the good moral character of petitioner’s present moral character, and raw DNA once these test results are the self-petitioner for a three year period the conduct of the self-petitioner during obtained, and DHS will not share DNA immediately preceding the filing of the the three-year period does not reflect test results unless required by law. The self-petition. USCIS may consider the that there has been a reform of character DNA test results, which include a self-petitioner’s conduct beyond the from an earlier period. Self-petitioners partial DNA profile, on any individual three years preceding the petition filing, who lived outside the United States obtained as part of the benefit request if the earlier conduct and acts appear during the three year period will remain a part of the file and record relevant to a determination of the self- immediately preceding the filing of the of proceeding, DHS will store and may petitioner’s present moral character, and self-petition must submit a law share DNA test results, which include a the conduct of the self-petitioner during enforcement clearance, criminal partial DNA profile, for immigration the three-year period does not reflect background check, or similar report adjudication purposes or for law that there has been a reform of character issued by an appropriate authority from enforcement purposes to the extent from an earlier period. Self-petitioners any jurisdiction in which the self- permitted by law. who lived outside the United States petitioner resided for six or more months during the three year period PART 204—IMMIGRANT PETITIONS during the three year period immediately preceding the filing of the immediately preceding the filing of the ■ 6. The authority citation for part 204 self-petition must submit a law self-petition. All self-petitioners age 14 continues to read as follows: enforcement clearance, criminal and over are required to submit Authority: 8 U.S.C. 1101, 1103, 1151, 1153, background check, or similar report evidence of good moral character as 1154, 1182, 1184, 1186a, 1255, 1324a, 1641; issued by an appropriate authority from initial evidence with their application. 8 CFR part 2. any jurisdiction in which the self- For self-petitioners under the age of 14, ■ 7. Section 204.2 is amended by: petitioner resided for six or more USCIS may request evidence of good ■ a. Revising paragraphs (a)(2), (c)(2)(v), months during the three year period moral character at any time, in its (d)(2)(iv); immediately preceding the filing of the discretion. ■ b. Removing paragraph (d)(2)(vi); self-petition. * * * * * ■ c. Redesignating paragraph (d)(2)(vii) * * * * * § 204.3 [Amended] as (d)(2)(vi); and (d) * * * ■ ■ d. Revising (e)(2)(v); (2) * * * 8. Section 204.3 is amended by The revisions read as follows: (vii) Primary evidence for an adopted removing paragraph (c)(3). ■ 9. Section 204.4 is amended by child or son or daughter. A petition may § 204.2 Petitions for relatives, widows and revising paragraphs (d)(1) and (g)(2)(ii) be submitted on behalf of an adopted widowers, and abused spouses, children, to read as follows: and parents. child or son or daughter by a U.S. * * * * * citizen or lawful permanent resident if § 204.4 Amerasian child of a United States (a) * * * the adoption took place before the citizen. (2) Evidence for petition for a spouse. beneficiary’s sixteenth birthday (or * * * * * In addition to evidence of United States eighteenth birthday if the sibling (d) * * * citizenship or lawful permanent exception at INA 101(b)(1)(E)(ii) (1) Preliminary processing. Upon resident status, the petitioner must also applies), and if the child has been in the initial submission of a petition with the provide evidence of the claimed legal custody of the adopting parent or preliminary processing documentary relationship. A petition submitted on parents and has resided with the evidence required in paragraph (f)(1) of behalf of a spouse must be accompanied adopting parent or parents for at least this section, USCIS will adjudicate the by: two years. A copy of the beneficiary’s petition to determine whether there is (i) Photograph(s) of the petitioner as birth certificate issued by the reason to believe the beneficiary was described in the relevant form appropriate civil authority, establishing fathered by a United States citizen, and instructions, the beneficiary’s identity, age, and birth if so request that the petitioner submit

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56417

the evidence required by paragraph ■ 14. Section 207.7 is amended by is approved, USCIS will notify the (f)(1) of this section and any additional revising paragraphs (d), (e), and (f)(2) to refugee of such approval. evidence required. The petitioner must read as follows: * * * * * submit all required documents within the deadline provided in the request or § 207.7 Derivatives of refugees. PART 208—PROCEDURES FOR the petition will be considered to have * * * * * ASYLUM AND WITHHOLDING OF been abandoned. To reactivate an (d) Filing. A principal refugee REMOVAL abandoned petition, the petitioner must admitted under section 207(c)(1) of the Act may request following-to-join ■ 15. The authority citation for part 208 submit a new Petition for Amerasian, continues to read as follows: Widow(er), or Special Immigrant benefits for his or her spouse and without the previously submitted unmarried, minor child(ren) (whether Authority: 8 U.S.C. 1101, 1103, 1158, 1226, documentation to USCIS. the spouse and children are inside or 1252, 1282; Title VII of Pub. L. 110–229; 8 outside the United States) by filing a CFR part 2. * * * * * ■ (g) * * * separate Request for Refugee/Asylee 16. Section 208.21 is amended by (2) * * * Relative petition in accordance with the revising paragraph (d) and (f) to read as (ii) Failure to meet the sponsorship form instructions for each qualifying follows: requirements, including the completed family member. The request may only be filed by the principal refugee. Family § 208.21 Admission of the asylee’s spouse background check, if USCIS finds that and children. the sponsor is not of good moral members who derived their refugee status are not eligible to request * * * * * character. (d) Spouse or child outside the United ■ 10. Section 204.5 is amended by derivative benefits on behalf of their spouse and child(ren). A separate States. When a spouse or child of an revising paragraph (p)(4) to read as alien granted asylum is outside the follows: Request for Refugee/Asylee Relative petition must be filed for each United States, the asylee may request § 204.5 Petitions for employment-based qualifying family member within two accompanying or following-to-join immigrants. years of the refugee’s admission to the benefits for his or her spouse or * * * * * United States unless USCIS determines child(ren) by filing a separate Request (p) * * * that the filing period should be for Refugee/Asylee Relative for each (4) Application for employment extended for humanitarian reasons. qualifying family member in accordance with the form instructions. A separate authorization. To request employment There is no time limit imposed on a Request for Refugee/Asylee Relative for authorization, an eligible applicant family member’s travel to the United each qualifying family member must be described in paragraph (p)(1), (2), or (3) States once the Request for Refugee/ filed within two years of the date in of this section must properly file an Asylee Relative petition has been which the asylee was granted asylum, application for employment approved, provided that the relationship unless USCIS determines that the filing authorization, with USCIS, with the of spouse or child continues to exist and period should be extended for appropriate fee, in accordance with 8 approval of the Request for Refugee/ humanitarian reasons. When the CFR 274a.13(a) and the form Asylee Relative petition has not been Request for Refugee/Asylee Relative is instructions. Employment authorization subsequently reopened and denied. approved, USCIS will notify the asylee under this paragraph may be granted There is no fee for this benefit request. solely in 1-year increments. (e) Evidence. (1) Evidence must be of such approval. The approval of the provided as required by form Request for Refugee/Asylee Relative will § 204.310 [Amended] instructions for the Registration for remain valid for the duration of the ■ 11. Section 204.310 is amended by Classification as Refugee and/or Request relationship to the asylee and, in the removing and reserving paragraph (b). for Refugee/Asylee Relative, as case of a child, while the child is under applicable, which establishes that: 21 years of age and unmarried, provided PART 207—ADMISSION OF (i) The principal refugee applicant has also that the principal’s status has not REFUGEES the claimed relationship to the been revoked. However, the approved ■ 12. The authority citation for part 207 derivative where the derivative is Request for Refugee/Asylee Relative will continues to read as follows: accompanying the principal, or cease to confer immigration benefits (ii) The petitioner was previously after it has been used by the beneficiary Authority: 8 U.S.C. 1101, 1103, 1151, for admission to the United States as a 1157, 1159, 1182; 8 CFR part 2. admitted as a principal refugee and that the petitioner has the claimed derivative of an asylee. ■ 13. Section 207.1 is amended by relationship to the following to join * * * * * revising paragraph (a) to read as follows: derivative. (f) Burden of proof. (1) The burden of proof is on the principal alien or § 207.1 Eligibility. (2) The derivative refugee applicant or beneficiary may be required to provide petitioner to establish by a (a) Filing. Any alien who believes he additional evidence to establish preponderance of the evidence that he or she is a refugee as defined in section eligibility. or she is eligible to file for this benefit 101(a)(42) of the Act, and is included in (3) The burden of proof is on the and that the individual on whose behalf a refugee group identified in section petitioner to establish by a he/she is making a request under this 207(a) of the Act, may apply for preponderance of the evidence that he section is an eligible spouse or child. admission to the United States by or she is an eligible petitioner and the (2) Evidence must be provided as submitting an application and the following to join beneficiary is an required by form instructions for the required evidence, in accordance with eligible spouse or child. Application for Asylum and for the form instructions. The application (f) * * * Withholding of Removal or Request for will be considered filed when it is (2) Spouse or child outside the United Refugee/Asylee Relative, as applicable, completed and signed before a USCIS States. When a spouse or child of a which establishes that: officer. refugee is outside the United States and (i) The principal alien or petitioner * * * * * the Request for Refugee/Asylee Relative has the claimed relationship to the

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56418 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

derivative where the derivative is (c) * * * submitting biometrics. The alien may accompanying the principal, or (2) * * * appear before the date of adjustment if (ii) the petitioner was previously (i) An Application for Temporary requested to do so by USCIS. The granted status as a principal asylee and Resident Status as a Special Agricultural Permanent Resident Card will be issued that the petitioner has the claimed Worker must be filed with the required after the date of adjustment. relationship to the following to join fee. * * * * * derivative. * * * * * (3) The derivative asylum applicant or (iv) Each applicant, regardless of age, PART 212—DOCUMENTARY beneficiary may be required to provide must appear at the appropriate USCIS REQUIREMENTS: NONIMMIGRANTS; additional evidence to establish office and submit biometrics, unless WAIVERS; ADMISSION OF CERTAIN eligibility. USCIS waives or exempts biometrics INADMISSIBLE ALIENS; PAROLE * * * * * pursuant to 8 CFR 103.16. Each applicant will be interviewed by an ■ 24. The authority citation for part 212 PART 209—ADJUSTMENT OF STATUS immigration officer, except that the continues to read as follows: OF REFUGEES AND ALIENS interview may be waived on a case-by- Authority: 6 U.S.C. 111, 202, 236 and 271; GRANTED ASYLUM case basis at its discretion. 8 U.S.C. 1101 and note, 1102, 1103, 1182 and (3) * * * ■ note, 1184, 1185, 1187, 1223, 1225, 1226, 17. The authority citation for part 209 (iv) An applicant at an overseas 1227, 1255, 1359; 8 U.S.C. 1185 note (section continues to read as follows: processing office whose application is 7209 of Pub. L. 108–458); 8 CFR part 2. Authority: 8 U.S.C. 1101, 1103, 1157, recommended for approval will be ■ 25. Section 212.7 is amended by 1158, 1159, 1228, 1252, 1282; Title VII of provided with an entry document removing paragraph (e)(6) and Public Law 110–229; 8 CFR part 2. attached to the applicant’s file. Upon redesignating paragraphs (e)(7) through ■ admission to the United States, the 18. Section 209.1 is amended by (e)(14) as paragraphs (e)(6) through applicant must contact USCIS for revising paragraph (b) to read as follows: (e)(13). biometric collection, examination of the § 209.1 Adjustment of status of refugees. applicant’s file, and issuance of PART 214—NONIMMIGRANT CLASSES * * * * * employment authorization. (b) Application. Upon admission to (4) * * * ■ 26. The authority citation for part 214 the United States, every refugee entrant (iii) Conditions of admission. Aliens continues to read as follows: will be notified of the requirement to who present a preliminary application submit an adjustment of status Authority: 6 U.S.C. 202, 236; 8 U.S.C. will be admitted to the United States for 1101, 1102, 1103, 1182, 1184, 1186a, 1187, application one year after entry. a period of ninety (90) days with 1221, 1281, 1282, 1301–1305 and 1372; sec. * * * * * authorization to accept employment, if 643, Pub. L. 104–208, 110 Stat. 3009–708; ■ 19. Section 209.2 is amended by they are determined by an immigration Public Law 106–386, 114 Stat. 1477–1480; revising paragraph (c) to read as follows: officer to be admissible to the United section 141 of the Compacts of Free States. Such aliens are required, within Association with the Federated States of § 209.2 Adjustment of status of alien that ninety-day period, to submit Micronesia and the Republic of the Marshall granted asylum. evidence of eligibility which meets the Islands, and with the Government of Palau, * * * * * provisions of § 210.3; appear for 48 U.S.C. 1901 note, and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2. (c) Application. An application for the biometric collection; obtain a report of benefits of section 209(b) of the Act may medical examination in accordance ■ 27. Section 214.2 is amended by be filed on an Application to Register with paragraph (d) of this section; and revising paragraphs (e)(23)(viii) and Permanent Residence or Adjust Status, submit to USCIS a complete application (k)(1) and removing and reserving with the correct fee, and in accordance as defined in § 210.1(c). USCIS may, for paragraph (w)(15) to read as follows: with the form instructions. If an alien good cause, extend the ninety-day has been placed in removal proceedings, period and grant further authorization to § 214.2 Special requirements for the application can be filed and admission, extension, and maintenance of accept employment in the United States status. considered only in proceedings under if an alien demonstrates he or she was section 240 of the Act. unable to perfect an application within * * * * * * * * * * the initial period. If an alien described (e) * * * in this paragraph fails to submit a (23) * * * PART 210—SPECIAL AGRICULTURAL complete application to USCIS within (viii) Information for background WORKERS ninety days or within such additional checks. An applicant for E–2 CNMI ■ 20. The authority citation for part 210 period as may have been authorized, his Investor status or any applicant for continues to read as follows: or her application may be denied for derivative status as a spouse or child of lack of prosecution, without prejudice. Authority: 8 U.S.C. 1103, 1160, 8 CFR part an E–2 CNMI Investor, must submit 2. * * * * * biometrics as required under 8 CFR ■ 23. Section 210.5 is amended by 103.16. § 210.1 [Amended] revising paragraph (b) to read as follows: * * * * * ■ 21. Section 210.1 is amended by § 210.5 Adjustment to permanent resident (k) * * * removing and reserving paragraph (b). (1) Petition and supporting ■ 22. Section 210.2 is amended by status. documents. To be classified as a fiance´ revising paragraphs (c)(2)(i), (iv), * * * * * or fiance´e as defined in section (c)(3)(iv), and (c)(4)(iii) to read as (b) Biometrics collection. To obtain 101(a)(15)(K)(i) of the Act, an alien must follows: proof of permanent resident status an alien described in paragraph (a) of this be the beneficiary of an approved visa § 210.2 Application for temporary resident section must follow USCIS instructions petition filed on a Petition for Alien status. for obtaining a Permanent Resident Fiance´(e). * * * * * Card, including verifying identity and * * * * *

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56419

§ 214.11 [Amended] biometrics upon departure. U.S. application. The applicant will also be ■ 28. Section 214.11 is amended by Customs and Border Protection will informed at that time of any biometric removing the term ‘‘fingerprint’’ from publish a Notice in the Federal Register fee for conducting the biometric the definition ‘‘Bona fide designating which temporary workers collection and any identity verification determination’’ and adding the term must participate in the Temporary and national security and criminal ‘‘biometrics’’ in its place. Worker Visa Exit Program, which ports history background checks. ■ 29. Section 214.15 is amended by of entry are participating in the * * * * * revising paragraph (f)(1) to read as program, which biographic and/or follows: biometrics would be required, and the PART 236—APPREHENSION AND format for submission of that DETENTION OF INADMISSIBLE AND § 214.15 Certain spouses and children of information by the departing designated DEPORTABLE ALIENS; REMOVAL OF lawful permanent residents. temporary workers. ALIENS ORDERED REMOVED * * * * * (f) * * * PART 216—CONDITIONAL BASIS OF ■ 39. The authority citation for part 236 (1) Contents of application. To apply LAWFUL PERMANENT RESIDENCE continues to read as follows: for V nonimmigrant status, an eligible STATUS Authority: 5 U.S.C. 301, 552, 552a; 8 alien must: U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, ■ (i) Submit an Application to Extend/ 33. The authority for part 216 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR Change Nonimmigrant Status, in continues to read as follows: part 2. accordance with the form instructions Authority: 8 U.S.C. 1101, 1103, 1154, 1184, ■ 40. Section 236.5 is revised as follows: and with the appropriate fee; 1186a, 1186b, and 8 CFR part 2. § 236.5 Biometrics. (ii) Appear for biometric collection; § 216.4 [Amended] (iii) Submit a Medical Examination of Every alien against whom proceedings ■ Aliens Seeking Adjustment of Status, 34. Section 216.4 is amended by based on inadmissibility under section without the vaccination supplement; removing paragraphs (b) introductory 212(a) of the INA or deportability under and text, (b)(1) and (2) and redesignating section 237 of the INA are initiated, (iv) Submit Evidence of eligibility as paragraph (b)(3) as (b). including proceedings under sections described by Application to Extend/ § 216.6 [Amended] 235, 238(b), and 240 of the INA, must Change Nonimmigrant Status ■ 35. Section 216.6 is amended by submit biometrics at a time and place Supplement A and in paragraph (f)(2) of removing paragraphs (b) introductory determined by DHS. DHS may also this section. text, (b)(1) and (2) and redesignating require submission of biometrics for any * * * * * paragraph (b)(3) as (b). alien who is subject to INA section 241(a)(5) or 8 CFR 217.4(b) or (c). PART 215—CONTROLS OF ALIENS PART 235—INSPECTION OF PERSONS DEPARTING FROM THE UNITED APPLYING FOR ADMISSION PART 240—VOLUNTARY DEPARTURE, STATES; ELECTRONIC VISA UPDATE SUSPENSION OF DEPORTATION AND SYSTEM ■ 36. The authority for part 235 SPECIAL RULE CANCELLATION OF continues to read as follows: REMOVAL ■ 30. The authority citation for part 215 Authority: 8 U.S.C. 1101 and note, 1103, continues to read as follows: ■ 41. The authority citation for part 240 1183, 1185 (pursuant to E.O. 13323, 69 FR continues to read as follows: Authority: 6 U.S.C. 202(4), 236; 8 U.S.C. 241, 3 CFR, 2004 Comp., p. 278) 1201, 1224, 1101, 1103, 1104, 1184, 1185 (pursuant to 1225, 1226, 1228, 1365a note, 1365b, 1379, Authority: 8 U.S.C. 1103; 1182, 1186a, Executive Order 13323 (Dec. 30, 2003)), 1731–32; Title VII of Public Law 110–229; 8 1224, 1225, 1226, 1227, 1251, 1252 note, 1365a note, 1379, 1731–32; and 8 CFR part U.S.C. 1185 note (section 7209 of Pub. L. 1252a, 1252b, 1362; secs. 202 and 203, Pub. 2. 108–458); Pub. L. 112–54. L. 105–100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105–277 (112 Stat. 2681); 8 CFR part ■ ■ 31. Section 215.8 is amended by 37. Section 235.1 is amended by: 2. revising the section heading and ■ A. In paragraph (f)(1)(iv), removing ■ removing and reserving paragraph the words ‘‘paragraph (d)(1)(ii)’’ and 42. Section 240.21 is amended by (a)(2)(i) to read as follows: adding in its place ‘‘paragraph (f)(1)(ii)’’ revising (b)(2)(ii)(D) to read as follows: and § 240.21 Suspension of deportation and § 215.8 Requirements for biometrics from ■ B. Removing and reserving paragraph aliens on departure from the United States. adjustment of status under section 244(a) of (f)(1)(iv)(A). the Act (as in effect before April 1, 1997) (a) * * * ■ 38. Section 235.7 is amended by and cancellation of removal and adjustment (2) * * * revising the last sentence of paragraph of status under section 240A(b) of the Act (i) [Reserved] (a)(3) and revising paragraph (a)(4)(vi) to for certain nonpermanent residents. * * * * * read as follows: (b) * * * ■ 32. Section 215.9 is revised to read as (2) * * * follows: § 235.7 Automated inspection services. (ii) * * * (a) * * * (D) Two photograph(s) meeting the § 215.9 Temporary Worker Visa Exit (3) * * * Notwithstanding the requirements in the instructions to the Program. provisions of 8 CFR part 264, biometric relevant form. An alien admitted on certain collection in the manner prescribed by ■ 43. Section 240.63 is amended by temporary worker visas at a port of entry DHS may be required to participate in revising the third and fourth sentences participating in the Temporary Worker the PORTPASS program. of paragraph (a) to read as follows: Visa Exit Program must also depart at (4) * * * the end of his or her authorized period (vi) If biometrics are required to assist § 240.63 Application process. of stay through a port of entry in a determination of eligibility at that (a) * * * Each application must be participating in the program and must POE, the applicant will be so advised by filed with the filing fee as provided in present designated biographic and/or DHS, before submitting his or her 8 CFR 103.7 and the form instructions,

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56420 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

or a request for a fee waiver must be appropriate fees as described in 8 CFR § 245.21 Adjustment of status of certain filed. The fact that an applicant has also 103.7(b)(1). nationals of Vietnam, Cambodia, and Laos (section 586 of Pub. L. 106–429). applied for asylum does not exempt the * * * * * applicant from any fee for other benefit ■ 49. Section 244.17 is amended by * * * * * requests. revising paragraph (a) to read as follows: (b) Application. An applicant must * * * * * submit an application on the form § 244.17 Periodic registration. designated by USCIS with the fee ■ 44. Section 240.67 is amended by specified in 8 CFR 103.7(b)(1) and in revising paragraph (a) as follows: (a) Aliens granted Temporary Protected Status must re-register accordance with the form instructions. § 240.67 Procedure for interview before an periodically in accordance with USCIS Applicants must also appear for asylum officer. instructions. Such registration applies to biometrics collection as described in 8 (a) Interview and biometric collection. nationals of those foreign states CFR 103.16. USCIS will notify each applicant to designated for more than one year by * * * * * appear for an interview only after USCIS DHS or where a designation has been ■ 53. Section 245.23 is amended by has scheduled the applicant for extended for a year or more. Applicants revising paragraph (g) to read as follows: biometric collection in accordance with for re-registration must apply during the period provided by USCIS. Applicants § 245.23 Adjustment of aliens in T 8 CFR 103.16 and initiated national nonimmigrant classification. security and criminal history re-registering do not need to pay the fee background checks. that was required for initial registration * * * * * (g) Good moral character. A T–1 * * * * * except the biometric services fee and if requesting employment authorization, nonimmigrant applicant for adjustment ■ 45. Section 240.68 is revised to read of status under this section must as follows: the application fee for employment authorization. By completing the demonstrate that he or she has been a § 240.68 Failure to appear at an interview application, applicants attest to their person of good moral character since before an asylum officer or failure to follow continuing eligibility. Such applicants first being lawfully admitted as a T–1 requirements for biometrics. do not need to submit additional nonimmigrant and until USCIS completes the adjudication of their Failure to appear for a scheduled supporting documents unless USCIS application for adjustment of status. interview or biometrics will be handled requests them to do so. Claims of good moral character will be in accordance with 8 CFR 103.2(b)(9) * * * * * evaluated on a case-by-case basis, taking and 103.16, respectively. into account section 101(f) of the Act ■ 46. Section 240.70 is amended by PART 245—ADJUSTMENT OF STATUS and the standards of the community. revising paragraph (d)(4) to read as TO THAT OF PERSON ADMITTED FOR USCIS will assess the good moral follows: PERMANENT RESIDENCE character of the applicant for the § 240.70 Decision by the Service. ■ 50. The authority citation for part 245 requisite continuous period as described * * * * * continues to read as follows: in section 245(l)(1)(A) of the Act. USCIS (d) * * * Authority: 8 U.S.C. 1101, 1103, 1182, 1255; will determine an applicant’s good Pub. L. 105–100, section 202, 111 Stat. 2160, moral character as follows: (4) The applicant failed to appear for (1) Reviewing any credible and a scheduled interview with an asylum 2193; Pub. L. 105–277, section 902, 112 Stat. 2681; Pub. L. 110–229, tit. VII, 122 Stat. 754; relevant evidence, which includes, but officer or failed to comply with 8 CFR part 2. is not limited to, criminal history biometrics requirements and such ■ 51. Section 245.15 is amended by information obtained through the failure was not excused by USCIS, applicant’s biometrics and evidence unless the application is dismissed. revising paragraph (h) to read as follows: submitted by the applicant. * * * * * (2) USCIS may consider the § 245.15 Adjustment of status of certain applicant’s conduct beyond the PART 244—TEMPORARY PROTECTED Haitian nationals under the Haitian Refugee requisite period, if the earlier conduct STATUS FOR NATIONALS OF Immigrant Fairness Act of 1998 (HRIFA). and acts appear relevant to a DESIGNATED FOREIGN STATES AND * * * * * determination of the applicant’s present PERSONS WITHOUT NATIONALITY (h) Application and supporting moral character, and the conduct of the WHO LAST HABITUALLY RESIDED IN documents. Each applicant for applicant during the requisite period A TPS DESIGNATED STATE adjustment of status must file an does not reflect that there has been a ■ 47. The authority citation for part 244 application on the form prescribed by reform of character from an earlier continues to read as follows: USCIS with the appropriate fee. Each period. application must be accompanied by: (3) Applicants who lived outside the Authority: 8 U.S.C. 1103, 1254, 1254a (1) A copy of the applicant’s birth United States during the requisite note, 8 CFR part 2. certificate or other record of birth; period must submit a law enforcement ■ 48. Section 244.6(a) is revised to read (2) A report of medical examination, clearance, criminal background check, as follows: as specified in § 245.5; or similar report issued by an (3) Two photographs unless waived appropriate authority from any § 244.6 Application. by USCIS; jurisdiction in which the applicant (a) An application for Temporary (4) A copy of the Arrival-Departure resided during the requisite period. Protected Status must be submitted in Record, issued at the time of the (4) All T nonimmigrant applicants for accordance with the form instructions, applicant’s arrival in the United States, adjustment of status age 14 and over are the applicable country-specific Federal if the alien was inspected and admitted required to submit evidence of good Register notice that announces the or paroled; moral character as initial evidence with procedures for TPS registration or re- * * * * * their application. For T nonimmigrant registration and, except as otherwise ■ 52. Section 245.21 is amended by applicants for adjustment of status provided in this section, with the revising paragraph (b) to read as follows: under the age of 14, USCIS may request

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules 56421

evidence of good moral character at any (j) Interview. Each applicant will be (5) Filing of application. (i) An time, in its discretion. interviewed by an immigration officer; Application for Status as a Temporary USCIS may waive the interview on a Resident Under Section 245A of the PART 245a—ADJUSTMENT OF case-by-case basis, at its discretion. Immigration and Nationality Act must STATUS TO THAT OF PERSONS * * * * * be filed with USCIS as provided in the ADMITTED FOR TEMPORARY OR ■ 56. Section 245a.3 is amended by form instructions. The applicant must PERMANENT RESIDENT STATUS removing ‘‘(ADIT processing)’’ from the appear for a personal interview and UNDER SECTION 245A OF THE last sentence of paragraph (b)(1) and biometrics collection as scheduled. IMMIGRATION AND NATIONALITY ACT revising paragraph (e) to read as follows: USCIS may, at its discretion: ■ 54. The authority citation for part (A) Require the applicant to file the § 245a.3 Application for adjustment from application in person; or 245a continues to read as follows: temporary to permanent resident status. (B) Require the applicant to file the Authority: 8 U.S.C. 1101, 1103, 1255a and * * * * * application by mail; or 1255a note. (e) Interview. Each applicant will be (C) Permit the filing of applications ■ 55. Section 245a.2 is amended by interviewed by an immigration officer, whether by mail or in person. except that the adjudicative interview revising paragraphs (d) introductory * * * * * may be waived by DHS on a case-by- text, (d)(2)(ii), the last sentence of (10) Interview. Each applicant, case basis at its discretion. An applicant paragraph (e)(1) and paragraph (j) to regardless of age, must appear at the failing to appear for a scheduled read as follows: appropriate USCIS office to be interview may, for good cause, be interviewed by an immigration officer, § 245a.2 Application for temporary afforded another interview. Where an except that the interview may be waived residence. applicant fails to appear for more than on a case-by-case basis at USCIS’ * * * * * one scheduled interview, his or her discretion. (d) Documentation. Evidence to application will be held in abeyance support an alien’s eligibility for the until the end of 43 months from the date * * * * * ■ Legalization Program must include of the application for temporary 58. Section 245a.12 is amended by documents establishing proof of residence was approved and revising paragraphs (b) and (d) to read identity, proof of residence, and proof of adjudicated on the basis of the existing as follows: financial responsibility, as well as record. § 245a.12 Filing and applications. biometrics and a completed medical * * * * * * * * * * ■ report of examination. All 57. Section 245a.4 is amended by (b) Filing of applications in the United documentation submitted will be revising paragraph (b)(4) introductory States. USCIS has jurisdiction over all subject to verification. USCIS may deny text, (b)(4)(ii)(D), (b)(5)(i), and (b)(10) to applications for the benefits of LIFE applications submitted with read as follows: legalization under this Subpart B. All unverifiable documentation. Failure by applications filed with USCIS for the an applicant to authorize release to § 245a.4 Adjustment to lawful resident status of certain nationals of countries for benefits of LIFE Legalization must be USCIS of information protected by the which extended voluntary departure has submitted in accordance with Privacy Act and/or related laws in order been made available. application form instructions. After for USCIS to adjudicate a claim may * * * * * proper filing of the application, USCIS result in denial of the benefit sought. (b) * * * will notify the applicant to appear for an Acceptable supporting documents for (4) Documentation. Evidence to interview and biometric collection. these three categories are discussed support an alien’s eligibility for below. * * * * * temporary residence status must include (d) Application and supporting * * * * * documents establishing proof of documentation. Each applicant for LIFE (2) * * * identity, proof of nationality, proof of Legalization adjustment of status must (ii) Proof of common identity. The residence, and proof of financial properly file an Application to Register most persuasive evidence is a document responsibility, as well as biometrics, Permanent Residence or Adjust Status, issued in the assumed name which and a completed medical report of in accordance with the form identifies the applicant by biometrics. examination. USCIS may deny any instructions and with the appropriate Other evidence which will be applications submitted with fee(s). An applicant should complete considered are affidavit(s) by a person unverifiable documentation. USCIS may Part 2 of the Application to Register or persons other than the applicant, deny the benefit sought where an Permanent Residence or Adjust Status made under oath, which identify the applicant fails to authorize release to by checking box ‘‘h—other’’ and writing affiant by name and address, state the USCIS of information protected by the ‘‘LIFE Legalization’’ next to that block. affiant’s relationship to the applicant Privacy Act or related laws in order for Each application must be properly filed and the basis of the affiant’s knowledge USCIS to adjudicate a benefit request. in accordance with the form of the applicant’s use of the assumed Acceptable supporting documents for instructions and with the appropriate name. Affidavits accompanied by a the four categories of documentation are fee, and accompanied by: photograph which has been identified discussed as follows: (1) A report of medical examination, by the affiant as the individual known * * * * * as specified in 8 CFR 245.5. to affiant under the assumed name in (ii) * * * (2) Two photographs, as described in question will carry greater weight. (D) Other credible documents, the instructions to the Application to * * * * * including those created by, or in the Register Permanent Residence or Adjust (e) * * * possession of USCIS, or any other Status. (1) * * * The applicant must appear documents (excluding affidavits) that, (3) Proof of application for class for a personal interview and for when taken singly, or together as a membership in CSS, LULAC, or biometric collection as scheduled. whole, establish the alien’s nationality. Zambrano class action lawsuits as * * * * * * * * * * described in § 245a.14.

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 E:\FR\FM\11SEP2.SGM 11SEP2 56422 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules

(4) Proof of continuous residence in admission may be exempted from Act of 2002,. Pub. L. 107–296 (6 U.S.C. 1, et. an unlawful status since before January biometrics collection, provided he or seq.); 8 CFR part 2. 1, 1982 through May 4, 1988, as she maintains his or her nonimmigrant ■ 65. Section 287.11(b)(3) is amended described in § 245a.15. status during that time; each such alien by revising the last sentence to read as (5) Proof of continuous physical who has not previously provided follows: presence from November 6, 1986, biometrics will apply at once if he or through May 4, 1988, as described in she remains in the United States in § 287.11 Pre-enrolled Access Lane. § 245a.16. excess of one year. * * * * * (3) Every nonimmigrant alien that has (6) Proof of citizenship skills as (b) * * * described in § 245a.17. This proof may not previously had biometrics collected be submitted either at the time of filing will apply at once upon his or her (3) * * * DHS may require applicants the application, subsequent to filing the failure to maintain his or her to submit to biometrics collection, and application but before the interview, or nonimmigrant status. DHS may provide that biometric data to at the time of the interview. * * * * * Federal, State, and local government agencies for the purpose of determining * * * * * (g) Registration and biometrics of children. Within 30 days after reaching eligibility to participate in the PAL PART 264—REGISTRATION, the age of 14, any alien in the United program. BIOMETRIC COLLECTION, AND States not exempt from alien registration * * * * * VETTING under the INA and this chapter must apply for registration and submit PART 333—PHOTOGRAPHS ■ 59. The authority citation for part 264 biometrics, unless biometrics collection ■ 66. The authority citation for part 333 continues to read as follows: is waived by USCIS. This requirement continues to read as follows: Authority: 8 U.S.C. 1103, 1201, 1303– does not preclude DHS from requiring 1305; 8 CFR part 2. any alien under the age of 14 who is not Authority: 8 U.S.C. 1103, 1443. ■ 60. The heading for part 264 is revised exempt from alien registration to submit ■ 67. Section 333.1 is revised to read as as set forth above. biometrics. follows: ■ 61. Section 264.1 is amended by (1) Permanent residents. If an alien revising the section heading, and who is a lawful permanent resident of § 333.1 Required photographs. the United States is temporarily absent paragraphs (e) and (g) to read as follows: Every applicant under section 333 of from the United States when he or she the Act must provide photographs as § 264.1 Registration and biometric reaches age 14, he or she must apply for prescribed by USCIS in the applicable collection. registration and submit biometrics form instructions. * * * * * within 30 days of his or her return to the (e) Biometrics exemption. (1) For United States in accordance with PART 335—EXAMINIATION ON purposes of this chapter, DHS will not applicable form instructions. APPLICATION FOR NATURALIZATION collect biometrics under this section Furthermore the alien must surrender from nonimmigrant aliens who are: any prior evidence of alien registration ■ 68. The authority citation for part 335 (i) Admitted as foreign government and USCIS will issue the alien new continues to read as follows: officials, employees, and their evidence of alien registration. Authority: 8 U.S.C. 1103, 1443, 1447. immediate family members; (2) Others. In the case of an alien who international organization is not a lawful permanent resident, the ■ 69. Section 335.2 is amended by representatives, officers, employees, and alien’s previously issued registration revising paragraph (b)(3) to read as their immediate family members; NATO document will be noted to show that he follows: representatives, officers, employees, and or she has been re-registered and the their immediate family members; and date of re-registration. § 335.2 Examination of applicant. holders of diplomatic visas while they * * * * * * * * * * maintain such nonimmigrant status. (b) * * * § 264.2 [Amended] (ii) Nationals of countries which do (3) Confirmation from the Federal ■ not require biometrics collection of 62. Section 264.2 is amended by Bureau of Investigation that the United States citizens temporarily removing and reserving paragraph (d); biometrics or biometric data submitted residing therein. § 264.5 [Amended] for the criminal background check has (iii) Aliens exempted under this ■ 63. Section 264.5(i) is removed. been rejected. provision may be required to appear for * * * * * DHS to collect a photograph that can be PART 287—FIELD OFFICERS; used to create a secure identity POWERS AND DUTIES Chad R. Mizelle, document. Senior Official Performing the Duties of the (2) Every nonimmigrant alien not ■ 64. The authority citation for part 287 General Counsel, U.S. Department of included in paragraph (e)(1) of this continues to read as follows: Homeland Security. section who departs from the United Authority: 8 U.S.C. 1103, 1182, 1225, [FR Doc. 2020–19145 Filed 9–4–20; 4:15 pm] States within one year of his or her 1226, 1251, 1252, 1357; Homeland Security BILLING CODE 9111–97–P

VerDate Sep<11>2014 19:16 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00086 Fmt 4701 Sfmt 9990 E:\FR\FM\11SEP2.SGM 11SEP2 Vol. 85 Friday, No. 177 September 11, 2020

Part IV

Department of Health and Human Services

42 Part 71 Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes; Final Rule

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11SER3.SGM 11SER3 56424 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

DEPARTMENT OF HEALTH AND b. Quarantine and Isolation of Repatriates & Prevention’s (CDC) Order on covered HUMAN SERVICES and Cruise Ship Travelers aliens, Control of Communicable c. The CDC No Sail Order for Cruise Ships Diseases; Foreign Quarantine: 42 CFR Part 71 d. Travel Restrictions at the Land Ports of Suspension of Introduction of Persons Entry Along the United States-Canada into United States from Designated [Docket No. CDC–2020–0033] and United States-Mexico Borders e. The CDC Order on Covered Aliens Foreign Countries or Places for Public RIN 0920–AA76 3. Other Jurisdictions Have Taken Similar Health Purposes, (85 FR 16559) (Mar. Actions To Slow the Introduction of 24, 2020), as amended, is vacated or Control of Communicable Diseases; COVID–19, Which Underscores Why enjoined by a court, in which case, the Foreign Quarantine: Suspension of the This Final Rule Is in the Interest of U.S. Secretary will publish a document in Right To Introduce and Prohibition of Public Health the Federal Register announcing an Introduction of Persons Into United a. The European Union and Schengen Area updated effective date for this rule. States From Designated Foreign b. Australia and New Zealand The U.S. Department of Health and Countries or Places for Public Health c. Canada Human Services (HHS) finalizes the C. This Rulemaking Finalizes Procedures Purposes Necessary for HHS/CDC’s Continued interim final rule (IFR) entitled Control Protection of U.S. Public Health From of Communicable Diseases; Foreign AGENCY: Centers for Disease Control and Quarantine: Suspension of Introduction Prevention (CDC), Department of Health the COVID–19 Pandemic and Future Threats of Persons Into United States From and Human Services (HHS). III. Statutory Authority Designated Foreign Countries or Places ACTION: Final rule. A. History of the U.S. Public Health Laws for Public Health Purposes (85 FR B. Other Statutory Authorities Relevant to 16559) published on March 24, 2020, to SUMMARY: The Department of Health and This Rulemaking implement section 362 of the Public Human Services (HHS) issues this final IV. Provisions of New Section 71.40 and Health Service (PHS) Act, 42 U.S.C. 265. rule to amend the Foreign Quarantine Changes From Interim Final Rule HHS/CDC implements section 362 Regulations administered by the Centers A. Section 71.40(a) B. Section 71.40(b) because the Surgeon General’s statutory for Disease Control and Prevention authority under section 362 passed by (CDC). This final rule provides a 1. 71.40(b)(1): ‘‘Introduction Into the United States’’ operation of law to the Secretary of procedure for the CDC Director to 2. 71.40(b)(2): ‘‘Prohibit, in Whole or in Health and Human Services (HHS suspend the right to introduce and Part, the Introduction Into the United Secretary),1 who delegated his or her prohibit introduction, in whole or in States of Persons’’ statutory authority to the CDC Director part, of persons from such foreign 3. 71.40(b)(3): ‘‘Serious Danger of the (Director). countries or places as the Director shall Introduction of Such Quarantinable Through this rulemaking, HHS/CDC designate in order to avert the danger of Communicable Disease Into the United establishes final regulations under the introduction of a quarantinable States’’ which the Director may suspend the 4. 71.40(b)(4): ‘‘Place’’ communicable disease into the United right to introduce and prohibit, in whole States, and for such period of time as 5. 71.40(b)(5): ‘‘Suspension of the Right to Introduce’’ or in part, the introduction of persons the Director may deem necessary for C. Section 71.40(c) into the United States for such period of such purpose. D. Section 71.40(d) time as the Director may deem DATES: This final rule is effective on E. Section 71.40(e) necessary to avert the serious danger of October 13, 2020. F. Section 71.40(f) the introduction of a quarantinable G. Sections 71.40(g) FOR FURTHER INFORMATION CONTACT: communicable disease into the United V. Responses to Public Comments Nina Witkofsky, Acting Chief of Staff, States. This rulemaking does not VI. Alternatives Considered address the ‘‘property’’ prong of the Centers for Disease Control and VII. Regulatory Impact Analysis Prevention, 1600 Clifton Road NE, MS A. Unfunded Mandates Reform Act statute because existing regulations H21–10, Atlanta, GA 30329. Telephone: B. National Environmental Policy Act already do so. The final rule uses the 404–639–7000; email: cdcregulations@ (NEPA) term ‘‘quarantinable communicable cdc.gov. C. Executive Order 12988: Civil Justice disease’’ instead of ‘‘communicable Reform disease’’ to specify that this regulation SUPPLEMENTARY INFORMATION: This final D. Executive Order 13132: Federalism is only meant to apply to communicable rule is organized as follows: E. Plain Language Act of 2010 diseases that are included on the Table of Contents F. Congressional Review Act and Administrative Procedure Act 1 The statute assigns this authority to the Surgeon I. Summary G. Executive Orders 12866 and 13563 and General of the Public Health Service. Nevertheless, II. Policy Rationale and Factual Basis for Regulatory Flexibility Act Reorganization Plan No. 3 of 1966 abolished the Final Rule H. Assessment of Federal Regulation and Office of the Surgeon General and transferred all A. HHS/CDC’s Experience Is That Travel Policies on Families statutory powers and functions of the Surgeon and Migration Can Impact the Spread of I. Paperwork Reduction Act of 1995 General and other officers of the Public Health Quarantinable Communicable Diseases J. Regulatory Reform Analysis Under Service and of all agencies of or in the Public B. The Response of the United States to the Executive Order 13771 Health Service to the Secretary of Health, Education, and Welfare, now the Secretary of Coronavirus Disease 2019 (COVID–19) I. Summary Health and Human Services, 31 FR 8855–01, 80 Pandemic Shows That This Final Rule Is Stat. 1610 (June 25, 1966), see also Public Law 96– in the Interest of U.S. Public Health This final rule is effective on October 88, Sec. 509(b), October 17, 1979, 93 Stat. 695 1. COVID–19 Is a Highly Contagious 13, 2020, unless the interim final rule (codified at 20 U.S.C. Sec. 3508(b)). Sections 361 Disease That Threatens Vulnerable through 369 of the PHS Act (42 U.S.C. Sec.’s 264– (IFR) entitled Control of Communicable 272) have been delegated from the HHS Secretary Populations Diseases; Foreign Quarantine: 2. The United States Has Taken Broad to the CDC Director. References in the PHS Act to Actions To Slow the Introduction of Suspension of Introduction of Persons the Surgeon General are to be read in light of the Into United States From Designated transfer of statutory functions and re-designation. COVID–19 Into the Country and Protect Although the Office of the Surgeon General was re- Vulnerable Populations Foreign Countries or Places for Public established in 1987, the Secretary of HHS has a. Immigration and Nationality Act Section Health Purposes (85 FR 16559) (Mar. 24, retained the authorities previously held by the 212(f) Proclamations 2020), or the Centers for Disease Control Surgeon General.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56425

Federal list of quarantinable a quarantinable communicable disease, quarantinable communicable disease communicable diseases, which is a even if the quarantinable communicable into the United States, even if persons subset of ‘‘communicable diseases’’ disease has already been introduced, or property in the United States are specified by Executive Order of the transmitted, or is spreading within the already infected or contaminated with President.2 Specifically, this final rule United States. the quarantinable communicable permits the Director to prohibit, in This definition clarifies that disease.’’ The final rule recognizes that whole or in part, the introduction into ‘‘introduction’’ does not necessarily people may be capable of transmitting a the United States of persons from conclude the instant that a person first quarantinable communicable disease designated foreign countries (or one or steps onto U.S. soil. The introduction of without actually knowing it, and their more political subdivisions or regions a person into the United States can movement may result in the thereof) or places, only for such period occur not only when a person first steps transmission of the disease to others. of time that the Director deems onto U.S. soil, but also when a person This regulatory definition clarifies that, necessary to avert the serious danger of on U.S. soil moves further into the even if persons in the United States are the introduction of a quarantinable United States, and begins to come into already infected with a quarantinable communicable disease, by issuing an contact with persons or property in communicable disease, the probable Order in which the Director determines ways that increase the risk of introduction of additional persons that: transmitting the quarantinable capable of transmitting the disease in (1) By reason of the existence of any communicable disease. A person’s the same or different localities quarantinable communicable disease in presence in the United States may still nevertheless presents a serious danger a foreign country (or one or more constitute a violation of a section 362 of the introduction of the disease into political subdivisions or regions thereof) Order regardless of the length of time the United States. This clarification is or place there is serious danger of the the person has been present in the informed by HHS/CDC’s experience introduction of such quarantinable country in direct contravention of the during the coronavirus disease 2019 communicable disease into the United Order. (COVID–19) pandemic and the Federal States; and The final rule next defines ‘‘[p]rohibit, government’s past use of section 362 (2) This danger is so increased by the in whole or in part, the introduction and its predecessor statute. Because introduction of persons from such into the United States of persons’’ to COVID–19 meets the definition for a country (or one or more political mean ‘‘to prevent the introduction of severe acute respiratory syndrome, it is subdivisions or regions thereof) or place persons into the United States by included in those quarantinable that a suspension of the right to suspending any right to introduce into communicable diseases identified by introduce such persons into the United the United States, physically stopping Executive Order. States is required in the interest of or restricting movement into the United This final rule defines ‘‘place’’ to public health. States, or physically expelling from the mean ‘‘any location specified by the The final rule defines key statutory United States some or all of the Director, including any carrier, as that and regulatory language to clarify when persons.’’ This is consistent with the term is defined in 42 CFR 71.1, and under what circumstances the text and legislative history of the statute. whatever the carrier’s flag, registry, or Director may exercise the section 362 Congress sought to provide the country of origin.’’ This definition authority by issuing an administrative Executive Branch, to the maximum clarifies that when HHS refers to Order. The regulatory text of this final extent allowed under the Constitution, ‘‘place’’ in this final rule, it refers to rule sets forth only definitions and the power to prevent the introduction of territories within or outside of a procedures. No action can or will be communicable diseases into the country, and also to carriers, regardless taken under this final rule absent an country. The power to expel is critical of the carrier’s flag, registry, or country administrative Order issued by the to upholding the intent of Congress in of origin. A ‘‘carrier’’ is defined in 42 Director. situations where neither HHS/CDC, nor CFR 71.1 to mean ‘‘a ship, aircraft, train, First, the final rule defines other Federal agencies, nor state or local road vehicle, or other means of ‘‘introduction into the United States’’ of governments have the facilities and transport, including military.’’ persons to mean the movement of a personnel necessary to quarantine, This final rule defines ‘‘suspension of person from a foreign country (or one or isolate, or conditionally release the the right to introduce’’ to mean to cause more political subdivisions or regions number of persons who would the temporary cessation of the effect of thereof) or place, or series of foreign otherwise increase the serious danger of any law, rule, decree, or order pursuant countries or places, into the United the introduction of the communicable to which a person might otherwise have States so as to bring the person into disease into the United States. In those the right to be introduced or seek contact with persons or property in the situations, the rapid expulsion of introduction into the United States.3 United States, in a manner that the persons from the United States may be Director determines to present a risk of the most effective public health measure 3 Aliens who are outside the United States have transmission of a quarantinable that HHS/CDC can implement within no right to entry under either the Constitution or communicable disease to persons, or a the finite resource of HHS/CDC and its the immigration laws. See, e.g., 8 U.S.C. Sec. Federal, State, and local partners. 1225(a)(1) (defining ‘‘applicant for admission’’ as an risk of contamination of property with alien ‘‘who arrives in the United States’’); Sale v. Absent the power to expel, the problem Haitian Ctrs. Council, Inc., 509 U.S. 155, 173 (1993) 2 Exec. Order 13295 (Apr. 4, 2003), as amended that Congress sought to avoid—the (‘‘the presumption that Acts of Congress do not by Exec. Order 13375 (Apr. 1, 2005) and Exec. introduction of communicable ordinarily apply outside our borders would support Order 13674 (July 31, 2014) (the current list of diseases—may occur despite the best an interpretation of [a provision providing for diseases includes cholera, diphtheria, infectious deportation proceedings] as applying only within tuberculosis, plague, smallpox, yellow fever, viral efforts of HHS/CDC. United States territory.’’); United States ex. rel hemorrhagic fevers (including Lassa, Marburg, The final rule defines ‘‘serious danger Knauff v. Shaugnessy, 338 U.S. 537, 542 (1950) (‘‘At Ebola, Crimean-Congo, South American, and others of the introduction of such the outset we wish to point out that an alien who not yet isolated or named), severe acute respiratory quarantinable communicable disease seeks admission to this country may not do so syndromes (including Middle East Respiratory under any claim of right. Admission of aliens to the Syndrome and COVID–19), and influenza caused by into the United States’’ as ‘‘the probable United States is a privilege granted by the sovereign novel or reemergent influenza viruses that are introduction of one or more persons United States Government. Such privilege is causing, or have the potential to cause a pandemic). capable of transmitting the Continued

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56426 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Congress’s use of the terms travelers; U.S. government employees; measures may be ineffective for persons ‘‘suspension’’ and ‘‘right to and those travelling for humanitarian who lack a home (or similar residence) introduce’’—rather than just purposes. The Director may also provide in the United States or contact ‘‘introduce’’—means that that section in an Order that another Federal agency information that is usable by public 362 grants the Director the authority to or a state or local government health authorities. temporarily suspend the effect of any implementing the order may carry out The issuance of conditional release law, rule, decree, or order by which a the exception in the Order under certain orders, or recommendations to self- person would otherwise have the right circumstances. isolate or self-quarantine, may also be to be introduced or seek introduction inadequate if the persons arriving into II. Policy Rationale and Factual Basis the United States must first spend time into the U.S. The legislative history for Final Rule indicates that Congress, in enacting in congregate settings—such as on section 362’s predecessor, sought to give This final rule is critical to protecting carriers or in certain government the Executive Branch the authority to U.S. public health because Federal facilities. In congregate settings, 4 suspend immigration when required in Orders requiring the quarantine, travelers infected with a quarantinable 5 6 the interest of public health. This isolation, or conditional release of communicable disease (whether authority is available only in rare persons arriving into the United States asymptomatic or symptomatic) may circumstances when ‘‘required in the from foreign countries may be spread the disease to other travelers or interest of the public health.’’ 42 U.S.C. inadequate to protect public health from government personnel or private sector 265. the serious danger of the introduction workers, who may, in turn, spread This final rule also sets out the into the United States of a quarantinable disease to the domestic population. In information that the Director must communicable disease. Simply put, such a scenario, the subsequent include in any order issued pursuant to quarantine, isolation, and conditional separation of the original, infected this final rule. The Director must, as release have practical limitations. traveler would not mitigate the spread practicable, consult with relevant Federal quarantine and isolation of disease through other individuals Federal departments and agencies and permitted under section 361 of the PHS who interacted with the traveler in the provide them with a copy of any order Act—where HHS/CDC funds and congregate setting. before issuing the order, and provide operates residential facilities with 24- Congress provided the Secretary an guidance to the affected agencies hour wrap-around services for persons additional tool for protecting public regarding implementation of any orders arriving into the United States from a health when a communicable disease issued pursuant to this final rule. Any foreign country—may be scalable and exists in a foreign country and there is such order must include a statement of effective for hundreds of persons, but a serious danger of the introduction of the following: not thousands of them. Even then, the disease into the United States under (1) The foreign countries (or one or Federal quarantine and isolation require section 362. As the Secretary’s delegate, more political subdivisions or regions substantial resources and are not the Director may exercise his or her thereof) or places from which the sustainable for extended periods of section 362 authority to avert the introduction of persons is being time. Ordering a conditional release or, serious danger of the introduction of the prohibited; alternatively, recommending that disease by issuing an order suspending (2) the period of time or individuals self-isolate or self- the right to introduce and prohibiting circumstances under which the quarantine at home or elsewhere the introduction of persons from a introduction of any persons or class of without direct public health foreign country or place. The Director persons into the United States is being supervision, requires fewer government has the flexibility to prohibit the prohibited; resources and can be scalable and introduction of some persons under (3) the conditions under which that sustainable for larger populations. section 362, while issuing orders for the prohibition on introduction will be Conditional release orders and quarantine, isolation, or conditional effective, in whole or in part, including recommendations to self-isolate or self- release of other persons under section any relevant exceptions that the Director quarantine may be effective for persons 361 of the PHS Act and its determines are appropriate; who have a home (or similar residence) implementing regulations. To achieve (4) the means by which the in the United States and can provide the purpose of section 362, the Director prohibition will be implemented; and complete and accurate contact also has the discretion to tailor the (5) the serious danger posed by the information for use in monitoring and exercise of the section 362 authority to introduction of the quarantinable contact tracing by State or local public the specific danger, which may turn on communicable disease in the foreign health officials. But such public health epidemiological factors, as well as the country or countries (or one or more time, setting, and geographic location of political subdivisions or regions thereof) 4 Under 42 CFR Sec. 71.1(b), quarantine means the danger. This final rule establishes a or places from which the introduction of the separation of an individual or group reasonably flexible procedure for tailoring the persons is being prohibited. believed to have been exposed to a quarantinable exercise of the section 362 authority in communicable disease, but who is/are not yet ill, response to the current COVID–19 The Director may also provide that from others who have not been so exposed, to certain persons are excepted in an order. prevent the possible spread of the quarantinable pandemic and to address future public For example, the Director may except: communicable disease. health threats. aliens whose travel falls within the 5 Under 42 CFR Sec. 71.1(b), isolation means the The policy rationale for this final rule scope of section 11 of the United separation of an individual or group who is is grounded in HHS/CDC’s experience reasonably believed to be infected with a during the COVID–19 pandemic. When Nations Headquarters Agreement or quarantinable communicable disease from those who would otherwise be allowed entry who are healthy to prevent the spread of the HHS/CDC has acted to prevent the into the United States pursuant to U.S. quarantinable communicable disease. movement of potentially exposed obligations under applicable 6 Under 42 CFR Sec. 71.1(b), conditional release persons and property into the United means surveillance as defined under part 71 and States, as described below, HHS/CDC international agreements; diplomatic includes public health supervision through in- person visits by a health official or designee, has slowed the introduction of COVID– granted to an alien only upon such terms as the telephone, or through any electronic or internet- 19 into the United States and reduced United States shall prescribe.’’). based means as determined by the Director. the exposure of government personnel

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56427

and private sector workers in congregate exposed persons into the United States prohibition of the introduction of settings to COVID–19. HHS/CDC has has slowed the introduction of COVID– persons under section 362, or some also conserved the finite government 19 into the United States. In early 2020, combination of the two. resources available for the domestic cruise ships carrying thousands of crew The policy rationale and factual basis response to the COVID–19 pandemic. and passengers were continuing to for this final rule are detailed further HHS/CDC’s actions regarding the U.S. travel between international ports. As below. Department of Homeland Security’s crew and passengers became infected A. HHS/CDC’s Experience Is That (DHS) U.S. Customs and Border with COVID–19, disembarkation in Travel and Migration Can Impact the Protection (CBP) facilities at or near the major U.S. port cities presented a danger U.S. borders with Canada and Mexico, Spread of Quarantinable Communicable of introduction of COVID–19 into the Diseases which are discussed more fully below, United States. HHS/CDC and other are one example of how this final rule Federal, state, and local agencies Medical and scientific knowledge enables HHS/CDC to mitigate the deployed hundreds of personnel to have increased dramatically in the past serious danger of the introduction of a disembark and quarantine or isolate century. But so have international travel quarantinable communicable disease travelers. This intervention averted the and migration, which play a significant into the United States. COVID–19 is danger presented by those travelers who role in the global transmission of present in Canada and Mexico, and entered quarantine or isolation at quarantinable communicable diseases there is a serious danger that persons Federal sites, but it was not sustainable that pose risks for vulnerable traveling from those countries will operationally because of the resources populations.10 Travelers can transmit introduce COVID–19 into CBP facilities, needed to maintain it. Nor did such quarantinable communicable diseases and ultimately the interior of the United efforts mitigate COVID–19 transmission without actually knowing it, and States. CBP facilities are not structured on cruise ships generally, or the thereby increase the risk of introduction or equipped for quarantine, isolation, or continuing risk of cruise ships of quarantinable communicable diseases social distancing during a pandemic introducing COVID–19 into U.S. ports. into the United States. The risk involving a highly contagious disease HHS/CDC therefore exercised its increases significantly when travelers such as COVID–19. In particular, Border authorities under sections 361 and 365 are in congregate settings, such as Patrol stations were designed for the of the PHS Act to issue a No Sail Order terminals or carriers with shared sitting, purpose of short-term holding in a and Suspension of Further Embarkation sleeping, eating, or recreational areas, congregate setting, and those facilities (85 FR 16628), published on March 14, all of which may be conducive to generally lack the areas needed to 2020,8 to ‘‘prevent the spread of disease disease transmission.11 quarantine or isolate aliens for COVID– and ensure cruise ship passenger and The speed and far reach of global 19. The Director determined that crew health.’’ travel have been factors in prior measures such as quarantine, isolation, Another policy rationale for this final outbreaks that expanded to numerous 12 and social distancing would be a rule is that it addresses the ever-present continents. Examples include: Severe challenge to conduct and sustain at CBP risk that future pandemics may present Acute Respiratory Syndrome (SARS), facilities, as acknowledged in the CDC new or different challenges that demand caused by a coronavirus (SARS-CoV) in Interim Guidance on Management of the prompt exercise of the section 362 Coronavirus Disease 2019 (COVID–19) 10 See, e.g., Institute of Medicine (US) Forum on authority. A new virus could have a Microbial Threats, Infectious Disease Movement in in Correctional and Detention longer incubation period than severe Facilities.7 He was concerned that a Borderless World: Workshop Summary, Nat’l acute respiratory syndrome coronavirus Acad.’s Press (US); 2010, (available at: https:// infected aliens in the congregate areas of 2 (SARS-CoV–2) (the virus that causes www.ncbi.nlm.nih.gov/books/NBK45728/) the CBP facilities might spread COVID– COVID–19) or cause a disease that takes (hereinafter ‘‘Infectious Disease Movement in a 19 to others in the same areas. Such Borderless World’’); Wilson, ME, Travel and the longer to run its course.9 In such spread of COVID–19 within CBP Emergence of Infectious Diseases, 1 Emerging scenarios, the issuance and maintenance Infectious Diseases 2, 39–46 (1995), (available at: facilities might result in CBP personnel of Federal quarantine, isolation, and https://www.ncbi.nlm.nih.gov/pmc/articles/ needing to self-quarantine or self-isolate conditional release orders would PMC2626831/); Tatem, A.J., Rogers, D.J. & Hay, S., (or worse, cause them to become Global Transport Networks and Infectious Disease consume even more resources than the seriously ill or die), potentially Spread, Adv. Parasitology 62, 293–343 (2006), 2020 interventions with cruise ships. (available at: https://www.researchgate.net/ degrading the ability of CBP to perform HHS/CDC would need to have a rule publication/7133296). all functions necessary to fulfill its 11 implementing section 362 in place to See, e.g., Travelers’ Health: Cruise Ship Travel, mission, and increasing the strain on Chapter 8, Ctrs. for Disease Control & Prevention, promptly implement public health local healthcare systems. The Director https://wwwnc.cdc.gov/travel/yellowbook/2020/ measures tailored to the danger mitigated the public health risks in CBP travel-by-air-land-sea/cruise-ship-travel (last presented by the virus. Those measures updated June 24, 2019) (noting that the ‘‘often facilities—and the potential could include quarantine, isolation, or crowded, semi-enclosed environments onboard downstream risks to U.S. public health ships can facilitate the spread of person-to-person, conditional release under section 361, and national security more broadly—by foodborne, or waterborne diseases’’); Public Health Guidance for Potential Exposure to COVID–19 issuing an Order under section 362 8 This Order was subsequently modified and Associated with International or Domestic Travel, prohibiting the introduction of certain extended on April 9, 2020 (effective, April 15, 2020) Ctrs. for Disease Control & Prevention, https:// ‘‘covered aliens’’ into CBP facilities. (85 FR 21004, (Apr. 15, 2020)) and July 16, 2020 www.cdc.gov/coronavirus/2019-ncov/php/risk- HHS/CDC actions regarding cruise (85 FR 44805, (July 21, 2020)). assessment.html (last updated Aug. 6, 2020). ships are another example of how 9 HHS/CDC’s experience with other viruses 12 Infectious Disease Movement in a Borderless informs this concern. Notably, Ebola has an World (noting that ‘‘swine-origin H1N1 has spread preventing the movement of potentially incubation period of 2–21 days. See Estimating the globally, its movement hastened by global air Future Number of Cases in the Ebola Epidemic— travel’’ and [i]t is easy to see how travelers could 7 Interim Guidance on Management of Liberia and Sierra Leone, 2014–2015, 63 MMWR play a key role in the global epidemiology of Coronavirus Disease 2019 (COVID–19) in Supplement 5, Ctrs. for Disease Control & infections that are transmitted from person to Correctional and Detention Facilities, Ctrs. for Prevention, https://www.cdc.gov/mmwr/preview/ person, such as HIV, SARS, tuberculosis, influenza, Disease Control and Prevention, https:// mmwrhtml/su6303a1.htm (last updated Sep. 26, and measles’’) (citing Hufnagel L, Brockmann D, & www.cdc.gov/coronavirus/2019-ncov/community/ 2014) (The mean incubation period for Ebola is 6.3 Geisel T., Forecast and Control of Epidemics in a correction-detention/guidance-correctional- days, with a median of 5.5 days and a 99th Globalized World, Proceedings of the Nat.’l Acad. detention.html (last updated Jul. 22, 2020). percentile at 21 days). of Sci.’s 2004;101(42):15124–15129).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56428 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

2003; the H1N1 influenza pandemic in between April 12, 2009, and April 10, began in the city of Wuhan in the Hubei 2009; tuberculosis; measles; Middle East 2010, approximately 60.8 million cases, Province of the People’s Republic of Respiratory Syndrome (MERS) caused 274,304 hospitalizations, and 12,469 China (PRC) in late 2019 and quickly by a coronavirus (MERS-CoV) in 2012; deaths occurred in the United States spread worldwide. On January 30, 2020, and Ebola virus disease in 2014 and due to H1N1 influenza.18 It is possible the World Health Organization (WHO) 2018. All of these diseases posed that had HHS/CDC suspended the declared that the outbreak of COVID–19 significant public health risks, introduction of persons from Mexico is a Public Health Emergency of especially given how quickly the into the United States early in the International Concern.20 The following diseases spread. pandemic, fewer individuals might have day, the Secretary of HHS declared The 2009–2010 H1N1 influenza fallen ill or died from H1N1 influenza. COVID–19 a public health emergency pandemic is particularly relevant to this Global travel has increased since the under the PHS Act.21 On March 11, final rule. Although the virus was first H1N1 influenza pandemic. By 2018, 2020, the WHO declared COVID–19 a identified mid-April 2009 in the United international visits to the United States pandemic. On March 13, 2020, the States, the initial cases of 2009 H1N1 totaled almost 25 million more per year President issued a Proclamation on influenza occurred in Mexico, and by than in 2009, when the H1N1 influenza Declaring a National Emergency late April 2009 transmission of the virus pandemic occurred, and approximately Concerning the Novel Coronavirus in Mexico involved person-to-person 5 million more per year than in 2014, Disease (COVID–19) Outbreak.22 spread with multiple generations of when the Ebola virus disease outbreak As of August 24, 2020, there were transmission.13 The first two cases of a occurred.19 Despite the decrease in 23,057,288 confirmed cases worldwide. novel H1N1 influenza were discovered travel in 2020 due to COVID–19 COVID–19 has caused over 800,000 in San Diego County, California, and concerns, HHS/CDC expects that the deaths globally,23 compared to 774 Imperial County, California.14 While procedures in this final rule will be vital global deaths from the 2003 SARS San Diego and Imperial Counties are to public health going forward. outbreak,24 866 global deaths from roughly 100 miles apart, both are less MERS between April 2012 and January than 25 miles from the U.S.-Mexico B. The Response of the United States to 2020,25 and an estimated 151,700 to border, which suggested cross-border the Coronavirus Disease 2019 (COVID– 575,400 deaths during the first year of transmission of the disease. Soon after, 19) Pandemic Shows That This Final the 2009 H1N1 influenza pandemic.26 public health officials discovered Rule Is in the Interest of U.S. Public Compared to other respiratory diseases, additional H1N1 cases in the two Health the mortality scale of the COVID–19 California counties and two H1N1 cases Since the COVID–19 pandemic began, pandemic is surpassed in modern times in Texas, another border State.15 At the the United States has undertaken a only by the 1918 influenza pandemic, same time, CDC identified the novel variety of actions to limit the movement which claimed an estimated 50 million virus in samples from Mexico, some of of persons into the country and thereby lives around the world.27 which had been collected from patients mitigate the danger of the introduction While much is still unknown about who were ill before the first two U.S. of COVID–19 into the country. Those the transmission of COVID–19, it is patients, which suggested cross-border actions have included the Director’s transmission of the disease.16 exercise of the section 362 authority and 20 WHO Director-General’s statement on IHR Subsequent epidemiologic Emergency Committee on Novel Coronavirus (2019- have proven effective notwithstanding nCoV) (Jan. 30, 2020), WHO, https://www.who.int/ investigations indicated that outbreaks the contagiousness of COVID–19. This dg/speeches/detail/who-director-general-s- had occurred in Mexico in March and rulemaking finalizes procedures that the statement-on-ihr-emergency-committee-on-novel- early April 2009, and that by the end of Director needs to exercise the section coronavirus-(2019-ncov) (last visited Aug. 27, 2020). April the disease was widespread in 21 Determination that a Public Health Emergency 362 authority and protect public health Exists, U.S. Dep’t of Health & Human Serv.’s (Jan. Mexico; cases had also been identified now and in the future. 31, 2020), https://www.phe.gov/emergency/news/ 17 in Canada. HHS/CDC estimates that healthactions/phe/Pages/2019-nCoV.aspx. 1. COVID–19 Is a Highly Contagious 22 Proclamation on Declaring a National 13 Outbreak of Swine-Origin Influenza A (H1N1) Disease That Threatens Vulnerable Emergency Concerning the Novel Coronavirus Virus Infection—Mexico, March–April 2009, Ctrs. Populations Disease (COVID–19) Outbreak, The White House for Disease Control & Prevention, https:// (Mar. 13, 2020), https://www.whitehouse.gov/ www.cdc.gov/mmwr/preview/mmwrhtml/ Because the CDC Director has presidential-actions/proclamation-declaring- mm5817a5.htm (last updated June 16, 2010); The determined that COVID–19 meets the national-emergency-concerning-novel-coronavirus- 2009 H1N1 Pandemic: Summary Highlights, April definition of a severe acute respiratory disease-covid-19-outbreak/. 2009–April 2010, Ctrs. for Disease Control & 23 WHO Sit. Rep. 205 (Aug. 24, 2020), WHO, Prevention, https://www.cdc.gov/h1n1flu/ syndrome as listed in Executive Order https://www.who.int/docs/default-source/ cdcresponse.htm (last updated Aug. 3, 2010). 13674, COVID–19 is a quarantinable coronaviruse/situation-reports/20200812-covid-19- 14 Swine Influenza A (H1N1) Infection in Two communicable disease. It is caused by a sitrep-205.pdf?sfvrsn=627c9aa8_2. Children—Southern California, March–April 2009, novel (new) coronavirus, SARS-CoV–2, 24 Severe Acute Respiratory Syndrome (SARS): Ctrs. for Disease Control & Prevention, https:// that was first identified as the cause of SARS Basics Fact Sheet, Ctrs. for Disease Control www.cdc.gov/mmwr/preview/mmwrhtml/ & Prevention, https://www.cdc.gov/sars/about/fs- mm5815a5.htm (last updated Apr. 22, 2009). an outbreak of respiratory illness that sars.html (last updated Dec. 6, 2017). 15 Update: Swine Influenza A (H1N1) Infections— 25 MERS situation update, January 2020, WHO, California and Texas, April 2009, 16 MMWR Morb www.cdc.gov/mmwr/preview/mmwrhtml/ http://www.emro.who.int/pandemic-epidemic- Mortal Wkly Rep. 58, 435–37 (May 2009), (available mm5817a5.htm (last updated May 7, 2009). diseases/mers-cov/mers-situation-update-january- at: https://pubmed.ncbi.nlm.nih.gov/19407739/); 18 Sundar S. Shrestha, et al., Estimating the 2020.html (last visited Aug. 27, 2020). The 2009 H1N1 Pandemic: Summary Highlights, burden of 2009 pandemic influenza A (H1N1) in the 26 Influenza (Flu): 2009 H1N1 Pandemic April 2009–April 2010, Ctrs. for Disease Control & United States (April 2009–April 2010), Clin. Infect. (H1N1pdm09 virus), Ctrs. for Disease Control & Prevention, https://www.cdc.gov/h1n1flu/ Dis. 2011 Jan 1;52 Suppl 1:S75–82. Prevention, https://www.cdc.gov/flu/pandemic- cdcresponse.htm (last updated Aug. 3, 2010). 19 See Fast Facts: United States Travel and resources/2009-h1n1-pandemic.html (last updated 16 The 2009 H1N1 Pandemic: Summary Tourism Industry—2009, 2014 and 2018, Int’l Trade June 11, 2019). Highlights, April 2009–April 2010, Ctrs. for Disease Admin., (available at: https://travel.trade.gov/ 27 Id.; The Deadliest Flu: The Complete Story of Control & Prevention, https://www.cdc.gov/h1n1flu/ outreachpages/download_data_table/Fast_Facts_ the Reconstruction of the 1918 Pandemic Virus, cdcresponse.htm (last updated Aug. 3, 2010). 2009.pdf; https://travel.trade.gov/outreachpages/ Ctrs. for Disease Control & Prevention, https:// 17 Outbreak of Swine-Origin Influenza A (H1N1) download_data_table/Fast_Facts_2014.pdf; https:// www.cdc.gov/flu/pandemic-resources/ Virus Infection—Mexico, March–April 2009. Ctrs. travel.trade.gov/outreachpages/download_data_ reconstruction-1918-virus.html (last updated Dec. for Disease Control & Prevention, https:// table/Fast_Facts_2018.pdf). 17, 2019).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56429

clear that COVID–19 is highly among adults over the age of 65.33 The prevent the movement of potentially contagious. HHS/CDC estimates that the congregate care settings of nursing infected persons or contaminated viral transmissibility (R0) of COVID–19 homes and long-term care facilities, articles into the United States is one of is around 2.5, but may be as high as 4, where people reside in confined areas the reasons why this final rule meaning that a single infected person with staff rotating through, increases the implementing the section 362 authority will on average infect between 2 to 4 risk of COVID–19 transmission. As of is vital to U.S. public health now and in others. Identifying those infected with August 16, 2020, an estimated 49,871 the future. COVID–19 can be difficult, as nursing home residents died of COVID– a. Immigration and Nationality Act asymptomatic cases are currently 34 19 in the United States, representing Section 212(f) Proclamations believed to represent roughly 40% of all approximately 30% of all deaths in the COVID–19 infections. The United States.35 Prompt identification The President has exercised his infectiousness of asymptomatic and isolation of infected persons is key authority under section 212(f) of the individuals is believed to be about 75% to reduce further transmission in Immigration and Nationality Act (INA), of the infectiousness of symptomatic congregate settings. 8 U.S.C. 1182(f), and other applicable individuals. HHS/CDC’s current best law, to issue a series of proclamations estimate is that between 40 to 50% of 2. The United States Has Taken Broad suspending entry into the country of infections are transmitted prior to Actions To Slow the Introduction of certain aliens who were physically symptom onset (pre-symptomatic COVID–19 Into the Country and Protect present in the PRC (excluding the transmission).28 Vulnerable Populations Special Administrative Regions of Hong Symptoms of COVID–19 may include The United States has taken Kong and Macau), the Islamic Republic fever or chills, cough, shortness of numerous actions to avert the cross- of Iran, the Schengen Area (comprised breath or difficulty breathing, fatigue, border transmission of COVID–19, of 26 countries in Europe), the United muscle or body aches, headache, new including presidential proclamations Kingdom (excluding overseas territories loss of taste or smell, sore throat, suspending entry into the United States outside of Europe), the Republic of congestion or runny nose, nausea or by certain foreign nationals, bringing Ireland, or the Federative Republic of vomiting, and diarrhea, and typically home U.S. citizens and lawful Brazil within 14 days preceding their appear 2–14 days after exposure to the permanent residents (LPRs) from around entry or attempted entry into the United virus.29 Manifestations of severe disease the world, quarantine or isolation of States. In the proclamations, the include severe pneumonia, acute repatriates and cruise ship travelers, the President determined that the foreign respiratory distress syndrome (ARDS), CDC ‘‘No Sail Order’’ limiting cruise countries were experiencing widespread septic shock, and multi-organ failure.30 ship operations, temporarily limiting person-to-person transmission of Mortality rates are higher among seniors travel from Mexico and Canada into the COVID–19, and the United States was and those with certain underlying United States along the United States- ‘‘unable to effectively evaluate and medical conditions, such as chronic Mexico and United States-Canada land monitor’’ travelers entering from the obstructive pulmonary disease (COPD), borders to ‘‘essential travel,’’ and the foreign countries, which ‘‘threaten[ed] serious heart conditions, cancer, Type 2 CDC Order prohibiting the introduction the security of our transportation system diabetes, and those with compromised of covered aliens into CBP facilities. and infrastructure and the national 31 immune systems. There are large HHS/CDC believes that the Federal security,’’ and that the unrestricted entry of foreign nationals who were differences in fatality rate among age quarantine and isolation may have 32 physically present in those countries and race cohorts. slowed the introduction and spread of was therefore detrimental to the Early data suggest older people are COVID–19 into the United States. But interests of the United States.36 The more likely to have serious COVID–19 they consumed unsustainable levels of proclamations are the first use of the illness, with 8 out of 10 COVID–19- government resources in the process. In 212(f) authority aimed at averting the related deaths in the United States being contrast, the actions taken to prevent the introduction of a communicable disease movement of potentially infected 28 COVID–19 Pandemic Planning Scenarios: into the country.37 Updated July 10, 2020, Ctrs. for Disease Control & persons or contaminated articles into The Director assesses that the Prevention, https://www.cdc.gov/coronavirus/2019- the United States have reduced the proclamations probably mitigated the ncov/hcp/planning-scenarios-h.pdf. danger of COVID–19 to government introduction of COVID–19 into the 29 Coronavirus Disease 2019 (COVID–19): personnel and private sector workers in United States. By suspending the entry Symptoms of Coronavirus, Ctrs. for Disease Control congregate settings, and reduced the & Prevention, https://www.cdc.gov/coronavirus/ of thousands of aliens from countries 2019-ncov/symptoms-testing/symptoms.html (last danger of the introduction of COVID–19 with widespread, ongoing person-to- updated May 13, 2020). into the United States, while consuming person transmission of COVID–19, the 30 Sevim Zaim, et al., COVID–19 and Multiorgan more sustainable levels of government President reduced the number of Response, 00 Current Problems in Cardiology 2020, resources. The balance between the (available at: https://www.ncbi.nlm.nih.gov/pmc/ infected persons who could enter the articles/PMC7187881/pdf/main.pdf). costs and benefits of actions taken to country. As previously discussed, a 31 Coronavirus Disease 2019 (COVID–19): People 33 Coronavirus Disease 2019 (COVID–19): Older with Certain Medical Conditions, Ctrs. for Disease 36 Proclamation No. 10042, 85 FR 32291 (May 28, Control & Prevention, https://www.cdc.gov/ Adults, Ctrs. for Disease Control & Prevention, 2020) (amending Proclamation 10041); coronavirus/2019-ncov/need-extra-precautions/ https://www.cdc.gov/coronavirus/2019-ncov/need- Proclamation No. 10041, 85 FR 31933 (May 28, _ _ people-with-medical-conditions.html?CDC AA extra-precautions/older-adults.html (last updated 2020) (Federative Republic of Brazil); Proclamation refVal=https%3A%2F%2F Aug. 16, 2020). No. 9996, 85 FR 15341 (Mar. 18, 2020) (United www.cdc.gov%2Fcoronavirus%2F2019- 34 COVID–19 Nursing Home Data, Ctrs. for Kingdom and Republic of Ireland); Proclamation ncov%2Fneed-extra-precautions%2Fgroups-at- Medicare and Medicaid Serv.’s (submitted data as No. 9993, 85 FR 15045 (Mar. 15, 2020) (Schengen higher-risk.html (last updated July 30, 2020). of week ending Aug. 16, 2020), https:// Area); Proclamation No. 9992, 85 FR 12855 (Mar. 32 See National Center for Health Statistics: data.cms.gov/stories/s/COVID-19-Nursing-Home- 4, 2020) (Islamic Republic of Iran); Proclamation Weekly Updates by Select Demographic and Data/bkwz-xpvg/ (last visited Sep. 1, 2020). No. 9984, 85 FR 6709 (Feb. 5, 2020) (PRC). Geographic Characteristics—Provisional Death 35 Based on 167,201 total deaths in the United 37 Ben Harrington, CONG. RSCH. SERV., Counts for Coronavirus Disease 2019 (COVID–19), States. See WHO Sit. Rep. 209, WHO (Aug. 16, LSB10458, Presidential Actions to Exclude Aliens Ctrs. for Disease Control & Prevention, https:// 2020), https://www.who.int/docs/default-source/ Under INA § 212 (f) (May 4, 2020) (available at: www.cdc.gov/nchs/nvss/vsrr/covid_weekly/ coronaviruse/situation-reports/20200816-covid-19- https://crsreports.congress.gov/product/pdf/LSB/ index.htm (last visited Aug. 31, 2020). sitrep-209.pdf?sfvrsn=5dde1ca2_2. LSB10458).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56430 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

single infected person will on average agencies had to secure sites because the outbreak onboard the U.S.-bound Grand infect between 2 to 4 others. Therefore, Federal government no longer operates Princess in March 2020, HHS/CDC and the reduction in the number of infected Public Health Service hospitals capable other agencies conducted a massive persons entering the United States of acting as dedicated quarantine and operation to disembark and quarantine probably helped prevent a larger isolation facilities able to house or isolate approximately 2,000 travelers number of people in the United States hundreds of people for multiple from the Grand Princess at Federal sites. from becoming infected with COVID– weeks.42 The securing of sites was Approximately 2,300 individuals 19. challenging because when the agencies entered quarantine or isolation at identified suitable facilities, local b. Quarantine and Isolation of Federal sites from the repatriations and officials sometimes objected to the use Repatriates and Cruise Ship Travelers disembarkations from the Diamond of the facilities.43 To provide housing Princess and Grand Princess cruise One of the United States’ early for the repatriates, the agencies ships. initiatives in response to the COVID–19 ultimately secured military facilities for To the best of HHS/CDC’s knowledge, pandemic was to repatriate U.S. citizens use as quarantine sites, hotels for use as the combined Federal quarantine and (and their immediate family members) isolation sites, and beds at hospitals for isolation of individuals from the cruise from Hubei Province, PRC, which was persons who required medical care. 38 ships and flights from Hubei Province, then the epicenter of the pandemic. It Those sites accepted approximately 800 constitute the largest and most took place in January and February individuals, the vast majority of whom burdensome Federal quarantine and 2020, and HHS/CDC is unaware of a were repatriates, from Hubei Province. isolation operation in modern American repatriation and quarantine operation in During the same time frame, cruise history. Quarantine sites required the modern history of the United States ships—including the Diamond Princess support staffs of hundreds of Federal that matched the initiative in size and (Asia), the Grand Princess (California to personnel and contractors working scope. It involved numerous HHS Mexico, California to Hawaii), the Ruby around-the-clock. The entire operation agencies, including CDC, the Office of Princess (Australia), and seven Nile lasted approximately eight weeks and the Assistant Secretary for Preparedness River cruise ships—were associated consumed thousands of working hours. and Response (ASPR), the Office of the with a number of COVID–19 clusters One of the key agency components of Assistant Secretary for Financial and outbreaks.44 In February 2020, the the operation was the National Disaster Resources (ASFR), the U.S. Public Diamond Princess experienced what, at Medical System (NDMS), which is a Health Service Commissioned Corps the time, was the largest cluster of (PHSCC), and the Administration for COVID–19 cases outside of PRC and federal partnership (between HHS, Children and Families (ACF).39 It also included a number of U.S. citizens. DOD, VA, and DHS) led by HHS/ASPR. involved the U.S. Department of State, HHS/CDC, the Department of State and NDMS includes a cadre of the U.S. Department of Homeland other agencies repatriated approximately 5,000 part-time Federal Security (DHS), and the Department of approximately 329 travelers from the employees who are civilian doctors, Defense (DOD), as well as various State Diamond Princess to the United States, nurses, and other healthcare agencies.40 where they entered quarantine or professionals, and who are activated for The operation required the agencies to isolation at Federal sites.45 Following an short-term, two-week deployments in secure charter flights from the PRC to response to natural disasters and other 46 the United States, secure and prepare 42 See Richard A. Bienia, M.D., M.P.H., Emanuel emergencies. The NDMS leverages appropriate facilities to house Stein, M.D., M.P.H., & Baroline H. Bienia, M.S., healthcare personnel in jurisdictions individuals, transport individuals to United States Public Health Service Hospitals unaffected by the emergency by (1798–1981)—The End of an Era, 308 N. Engl. J. temporarily federalizing those and from these facilities, implement Med. 166–168 (1983), (available at: https:// infection-control and infection- www.nejm.org/doi/full/10.1056/ individuals so they may operate where prevention measures at the facilities, NEJM198301203080329?journalCode= local resources are overtaxed.47 A more test and medically monitor individuals, nejm&journalCode=nejm&journalCode=nejm& protracted operation may have deprived journalCode=nejm&journalCode=nejm& State and local health systems of the and provide ‘‘wrap-around’’ services for journalCode=nejm&journalCode= individuals (e.g., food and other nejm&journalCode=nejm&journalCode= services of the NDMS personnel for necessary personal services).41 The nejm&journalCode=nejm&journalCode=nejm& extended periods of time during the journalCode=nejm&journalCode= COVID–19 pandemic. It would also nejm&journalCode=nejm&journalCode= 38 Transcript for CDC Media Telebriefing: Update nejm&journalCode=nejm&journalCode= have limited the ability of HHS/ASPR to on 2019 Novel Coronavirus (2019–nCoV), Ctrs. for nejm&journalCode=nejm&journalCode=nejm). Disease Control & Prevention (Jan. 31. 2020), 43 https://www.cdc.gov/media/releases/2020/t0131- On one occasion, a California city sued HHS 46 NDMS Teams, Off. of the Assistant Sec’y for 2019-novel-coronavirus.html (last visited Aug. 31, and California. The district court, without finding Preparedness & Response, U.S. Dep’t. of Health & 2020). a violation of law by HHS, issued a temporary Human Serv.’s, Nat’l Disaster Med. Sys., https:// 39 See Sarah A. Lister, Cong. Rsch. Serv., r46219, restraining order preventing the use of a proposed www.phe.gov/Preparedness/responders/ndms/ Overview of U.S. Domestic Response to Coronavirus quarantine site. TRO and Order Setting Aside ndms-teams/Pages/default.aspx (last visited Aug. Disease 2019 (COVID–19) (last updated Mar. 2, Expedited Hr’g, City of Costa Mesa v. United 11, 2020); Disaster Medical Assistance Teams, Off. 2020), at *12 (available at: https://crsreports. States., No. 20–cv–00368 (C.D.Cal.), (Feb. 21, 2020), of the Assistant Sec’y for Preparedness & Response, congress.gov/product/pdf/R/R46219). ECF No. 9. Since HHS had to make decisions about U.S. Dep’t. of Health & Human Serv.’s, Nat’l the use of the site quickly, the temporary restraining 40 Id. at *11–*12; David Vergun, DOD, Other Disaster Med. Sys., https://www.phe.gov/ Government Departments Take Coronavirus order and subsequent litigation operated as a veto Preparedness/responders/ndms/ndms-teams/Pages/ Response Measures, U.S. Dep’t. of Def. (Jan. 31, on the use of the site. dmat.aspx (last visited Aug. 31, 2020). 2020), https://www.defense.gov/Explore/News/ 44 See No Sail Order and Suspension of Further 47 NDMS Teams, Off. of the Assistant Sec’y for Article/Article/2069255/dod-other-government- Embarkation, 85 FR 16628 (Mar. 24, 2020); Frances Preparedness & Response, U.S. Dep’t. of Health & departments-take-coronavirus-response-measures/. Mao, Coronavirus: How did Australia’s Ruby Human Serv.’s, Nat’l Disaster Med. Sys., https:// 41 See e.g., SOC Shift Brief 2019–2020 Princess cruise debacle happen?, BBC (Mar. 24, www.phe.gov/Preparedness/responders/ndms/ Coronavirus Response, U.S. Dep’t of Health & 2020), https://www.bbc.com/news/world-australia- ndms-teams/Pages/default.aspx (last visited Aug. Human Serv.’s Assistant Sec’y for Preparedness & 51999845. 11, 2020); Calling on NDMS, Off. of the Assistant Response (Feb. 8, 2020, 8:00 p.m. EDT) (on file with 45 Public Health Responses to COVID–19 Sec’y for Preparedness & Response, U.S. Dep’t. of HHS); see also Proposed Courses of Action (COAs) Outbreaks on Cruise Ships—Worldwide, February– Health & Human Serv.’s, Nat’l Disaster Med. Sys., & Activities for Grand Princess Cruise Ship, U.S. March 2020, Ctrs. for Disease Control & Prevention https://www.phe.gov/Preparedness/responders/ Dep’t of Health & Human Serv.’s at *2 (Mar. 6, 2020, (Mar. 27, 2020), https://www.cdc.gov/mmwr/ ndms/Pages/calling-ndms.aspx (last visited Aug. 11:30 a.m. EDT) (on file with HHS). volumes/69/wr/mm6912e3.htm. 31, 2020).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56431

re-deploy the NDMS to other 15, 2020,49 and again on July 16, 2020,50 lead to transmission on sequential emergencies (e.g., hurricanes). to include cruise ships that had cruises, as the crew members work and Moreover, hundreds of other Federal previously voluntarily suspended live in close quarters from one cruise to 52 personnel from HHS agencies— operations, as well as requiring the next. The Director also observed that cruise including ASPR, CDC, and the U.S. additional measures to prevent the ships may spread COVID–19 to ports of Public Health Service—were deployed further introduction, transmission, and call and passengers’ home communities. for quarantine and isolation operations. spread of disease. The current No Sail During a cruise, disembarkation of The U.S. Departments of Homeland Order remains in place until September passengers at sequential ports of call Security, Defense, and State also 30, 2020, or until the expiration of the may spread COVID–19 to the residents contributed personnel and resources. Secretary’s declaration that COVID–19 constitutes a public health emergency, of those ports. Once the cruise ends, During a public health emergency, many or the Director rescinds or modifies the passengers or crew who reside in either of the agency personnel would Order based on specific public health or the United States or a foreign country ordinarily perform Federal coordinating other considerations, whichever occurs may travel home by airplane. Any functions. A more expansive or first. infected passengers or crew may spread protracted field operation would have As noted above, the No Sail Order COVID–19 to others while traveling jeopardized the ability of some of the was issued, in part, under section 361(a) home, or upon returning home, with the agencies to perform their ordinary of the PHS Act. Section 361(a) is a end result being interstate spread of functions. sweeping grant of authority permitting COVID–19.53 While the Federal quarantine and the Director to ‘‘make and enforce such Finally, the Director observed that isolation operation addressed the regulations as in his judgment are ‘‘[q]uarantine and isolation measures are immediate risk of individual repatriates necessary to prevent the introduction difficult to implement effectively and cruise ship travelers introducing . . . of communicable diseases from onboard a cruise ship and tend to occur COVID–19 into the United States, it was foreign countries into the States or after an infection has already been not a prospective solution. That is, it possessions[ ].’’ (emphasis added). One identified onboard a cruise. If ships are did not address the continuing risk of of those regulations, 42 CFR 71.32(b), is at capacity, it may not be feasible to COVID–19 transmission onboard cruise equally broad. It states that ‘‘[w]henever separate infected and uninfected ships. Nor did it address the continuing the Director has reason to believe that persons onboard the ship, particularly risk of cruise ships or other vessels any arriving carrier . . . is or may be among the crew. Crew must keep introducing COVID–19 into the United infected or contaminated with a working to keep a ship safely operating, States in the future. An ongoing Federal communicable disease, he/she may so effective quarantine for crew is quarantine and isolation operation was require detention, disinfection, particularly challenging.’’ 54 not a scalable or sustainable option for disinfestation, fumigation, or other As part of his analysis, the Director mitigating either of those continuing related measures respecting the carrier also considered the risks to the risks given the finite resources of the . . . as he/she considers necessary to healthcare system in the United States, relevant Federal agencies and the other prevent the introduction ... of and the limited government resources pressing demands of the COVID–19 communicable diseases.’’ (emphasis available for the response to COVID–19. pandemic response. added). HHS/CDC’s recent experience was that In the No Sail Order, the Director As explained below, CDC’s the medical needs of persons with determined that he had ‘‘reason to experience with the Federal quarantine severe disease may be significant. believe that cruise ship travel may and isolation orders and the resulting Disembarkations of large numbers of continue to introduce, transmit, or passengers and crew with severe disease operation has informed its decision- spread COVID–19.’’ That determination making regarding its No Sail Order for could increase the strain of COVID–19 rested partly on the Director’s on healthcare systems serving port cruise ships, its Order prohibiting the observation that numerous structural introduction of covered aliens into the cities, and divert healthcare resources and operational features of cruise ships and supplies away from local United States, and ultimately this final increase the risk of COVID–19 rule. communities. Additionally, HHS/CDC’s transmission onboard.51 First, recent experience was that repatriating c. The CDC No Sail Order for Cruise passengers and crew intermingle closely and quarantining or isolating travelers Ships in semi-enclosed spaces. Second, involved complex logistics, imposed cruises host events that bring passengers financial costs on all levels of In March 2020, the risk of cruise ships and crew together in congregate settings, government, and diverted agency introducing COVID–19 into the United including group and buffet dining, leadership, staff, and resources away States remained despite the Federal entertainment, and excursions. Third, from other aspects of the response to the quarantine or isolation of thousands of cruise ship cabins are small, increasing COVID–19 pandemic.55 cruise ship travelers. To address this the risk of transmission between cabin The No Sail Order has proven to be ongoing concern, on March 14, 2020, mates. Fourth, crew members typically a more efficient public health measure the Director issued a No Sail Order eat and sleep in small, crowded spaces. for cruise ships than quarantine or under sections 361 and 365 of the PHS The infection of crew members may isolation. It has mitigated COVID–19 Act and 42 CFR 70.2 and 71.32 for all transmission onboard cruise ships, cruise ships of a certain capacity with 49 No Sail Order and Suspension of Further prevented cruise ships from introducing itineraries anticipating an overnight stay Embarkation; Notice of Modification and Extension and Other Measures Related to Operations, 85 FR COVID–19 into the United States, for passengers or crew that had not 21004 (Apr. 15, 2020) (this modification preserved local health care resources, voluntarily suspended operation.48 This additionally relied on the authority of 42 CFR and enabled HHS/CDC to deploy its No Sail Order was subsequently 71.31(b)). 50 No Sail Order and Suspension of Further modified and extended, effective April 52 Embarkation; Second Modification and Extension of Id. at 16629. No Sail Order and Other Measures Related to 53 Id. at 16630. 48 No Sail Order and Suspension of Further Operations, 85 FR 44085 (July 21, 2020). 54 Id. Embarkation, 85 FR 16628 (Mar. 24, 2020). 51 85 FR at 16629, 16630. 55 Id.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56432 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

finite resources towards other aspects of spread of COVID–19. The United States e. The CDC Order on Covered Aliens the response to the COVID–19 worked collaboratively with its As noted above, HHS issued the IFR pandemic. In contrast, the issuance of neighbors to take this measure to protect to create a temporary procedure for the additional Federal quarantine and the health and safety of its population, Director to invoke his or her delegated isolation orders of cruise ship after the Secretary of the Department of authority under section 362 and prevent passengers and crew would not have Homeland Security determined the risk the introduction of persons from a stopped COVID–19 transmission of continued transmission and spread of foreign country or place into the United onboard cruise ships and would not COVID–19 between the countries posed States in order to avert the introduction have been scalable to the number of a ‘‘specific threat to human life or of a quarantinable communicable cruise ship passengers and crew that national interest.’’ 57 The restrictions do disease into the United States.61 On the would have otherwise disembarked in not apply, however, to U.S. citizens or same day, the Director issued an order 56 U.S. ports. LPRs returning to the United States, or suspending the introduction of certain HHS/CDC’s experience underscores to those traveling for ‘‘essential travel,’’ ‘‘covered aliens’’ from Canada and why this final rule is vital to public which includes travel to work, or to Mexico into Border Patrol stations and health. In March 2020, a regulation for educational institutions, travel for POEs at or near U.S. land borders for 30 exercising the authority under section 62 emergency response, diplomatic days. The CDC Order was extended for 361 of the PHS Act was readily available travelers, and travel for public health an additional 30 days on April 20, to the Director. As a result, HHS/CDC 63 purposes, among others. The restrictions 2020. On May 19, 2020, the Director was able to rapidly exercise its section amended the CDC Order to cover not 361 authority and issue the No Sail do not stop legitimate trade between the three countries because it is critical to only land, but also coastal POEs and Order after concluding that quarantine Border Patrol stations at or near the U.S. preserve supply chains that ensure that and isolation were inadequate to borders with Canada and Mexico. In address the public health risks food, fuel, and medicines reach 58 addition, the Director extended the CDC presented by COVID–19 on cruise ships. individuals. Order indefinitely, subject to recurring Once CDC decided to act, it could do so These measures were originally in 30-day reviews and eventual promptly and was able to more place for 30 days, subject to termination when the Director efficiently manage the problem and reevaluation and further extension in determines that continued preserve finite resources. HHS/CDC light of the dynamic nature of the implementation is no longer necessary likewise needs a final rule for exercising COVID–19 pandemic. Since March to protect public health.64 The Director its section 362 authority so that it can 2020, the measures have been extended has reviewed the CDC Order multiple move with equal dispatch to protect in 30-day increments, and are currently times and determined each time that U.S. public health from the introduction effective through September 21, 2020.59 continued implementation of the CDC of quarantinable communicable diseases All three countries have recognized that, Order was necessary to protect U.S. into the country in the future. HHS/CDC given the sustained human-to-human public health. cannot predict when it will need to transmission of the virus, travel between The CDC Order suspends the exercise the authority in the future, but the three nations places the personnel introduction of ‘‘covered aliens’’ into the United States. The CDC Amended HHS/CDC needs to be prepared staffing the land ports of entry (POEs) Order and Extension defines ‘‘covered nonetheless. The experience with cruise between the United States, Canada and aliens’’ as ‘‘persons traveling from ships shows that the immediate Mexico, as well as the individuals Canada or Mexico (regardless of their availability of a procedure is important traveling through these POEs, at once a policy decision is made that an country of origin) who would otherwise increased danger of exposure to COVID– be introduced into a congregate setting action needs to be taken. 60 19. in a land or coastal [POE] or Border d. Travel Restrictions at the Land Ports Similarly, the Director assesses that Patrol station at or near the United of Entry Along the United States-Canada travel and migration across U.S. land States border with Canada or Mexico, and United States-Mexico Borders borders increases the serious danger of subject to exceptions.’’ 65 There are On March 20, 2020, the United States introduction of COVID–19 into the exceptions for ‘‘U.S. citizens, lawful temporarily limited travel from Mexico United States. The Director further permanent residents [(LPRs)], and their and Canada into the United States along assesses that limiting travel to ‘‘essential spouses and children; members of the the United States-Mexico and United travel’’ has successfully mitigated the armed forces of the United States, and States-Canada land borders to ‘‘essential introduction of COVID–19 into the travel,’’ in order to prevent the further United States for the same basic reason 61 Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons that the section 212(f) proclamations into United States from Designated Foreign 56 Indeed, Federal quarantine and isolation for have proven successful. The Countries or Places for Public Health Purposes, (85 PortMiami, known as ‘‘the Cruise Capital of the FR 16559) (Mar. 24, 2020). World,’’ would have been unworkable standing effectiveness of these travel restrictions 62 alone. In 2019, PortMiami disembarked 3,357,590 at land ports of entry informs this final Order Under Sections 362 and 365 of the Public Health Service Act Suspending Introduction of cruise ship passengers, which equates to rule, which creates a permanent approximately 64,569 disembarkations per week. Certain Persons From Countries Where a CY 2019 W. Hemisphere Port Cargo and Passenger procedure for the Director to use when Communicable Disease Exists, (85 FR 17060) (Mar. Counts, Am. Ass’n of Port Auth., https://www.aapa- he or she determines that a temporary 26, 2020) (effective date Mar. 20, 2020 at 11:59 p.m. ports.org/unifying/content.aspx?ItemNumber= prohibition on the introduction of EDT) (hereinafter ‘‘Order’’). 63 Extension of Order Under Sections 362 and 365 21048 (last visited Aug. 11, 2020). When the annual persons into the United States across disembarkations at other U.S. ports—including Port of the Public Health Service Act, (85 FR 22424) Everglades (FL) (1,985,337), the Galveston Wharves U.S. land borders is necessary to protect (Apr. 22, 2020) (effective date Apr. 20, 2020) (TX) (1,091,341), the Port Authority of New York U.S. public health. (hereinafter ‘‘Extension’’). and New Jersey (841,261), the Port of Long Beach 64 Amendment and Extension of Order Under (CA) (695,921), and the Port of New Orleans Sections 362 and 365 of the Public Health Service 57 (603,968)—are added to PortMiami, the 85 FR at 16547, 16549. Act, (85 FR 31503) (May 26, 2020) (effective date impracticability of a Federal quarantine and 58 Id. at 16548–49. May 21, 2020 at 12:00 a.m. EDT) (hereinafter isolation operation for cruise ships nationwide is 59 85 FR at 51633–34. ‘‘Amended Order and Extension’’). obvious. 60 Id. at 51633, 51635. 65 Id. at 31504.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56433

associated personnel, and their spouses populations and have limited quarantined or isolated a daily average and children; persons from foreign resources). population of 3,292 covered aliens from countries who hold valid travel A Federal quarantine and isolation of March 21, 2020 to the present.69 The documents and arrive at a POE; or covered aliens would have likely relevant agencies simply lack the persons from foreign countries in the required the procurement or personnel and resources to operate such visa waiver program who are not construction and equipping of a large and complex Federal quarantine otherwise subject to travel restrictions numerous permanent or temporary and isolation program, spread over and arrive at a POE.’’ 66 There is also an facilities across the Northern and thousands of miles of territory, and a exception for ‘‘persons whom customs Southern land borders, in close period of many months, during a global officers determine, with approval from a proximity to the POEs and Border Patrol pandemic. This is especially true when supervisor, should be excepted based on stations. The facilities would have to HHS/CDC and CBP must prioritize their the totality of the circumstances, accommodate a rotating population of finite resources for the benefit of the including consideration of significant covered aliens—including family units, public health and safety, respectively, of law enforcement, officer and public single adults, and children with varying the domestic population.70 safety, humanitarian, and public health countries of origin, social customs, and While the CDC Order succeeded in interests.’’ 67 criminal histories—for the duration of reducing the average number of covered In the CDC Order, the Director each covered alien’s quarantine or aliens in CBP custody each day, and determined that COVID–19 is a isolation period. During that period, dramatically reduced the danger of the quarantinable communicable disease HHS/CDC and CBP would have to introduction of COVID–19 into CBP that is present in numerous foreign shelter, feed, and provide medical facilities, the unfortunate reality is that countries, including Canada and services to each covered alien onsite. the COVID–19 pandemic has still Mexico, and poses a serious danger to The burden of undertaking such a joint impacted CBP’s ability to perform its public health in the United States. public health and safety mission across public safety mission. CBP informs Covered aliens traveling to the United thousands of miles of territory during a HHS/CDC that, as of August 7, 2020, it States from Canada and Mexico are pandemic is impracticable. As previously discussed, to the Population Totals: 2010–2019, U.S. Census Bureau, typically held for material lengths of https://www.census.gov/data/datasets/time-series/ time in the congregate areas of Border knowledge of HHS/CDC, the largest demo/popest/2010s-total-cities-and-towns.html Patrol stations and POEs while they Federal quarantine and isolation (last visited Aug. 31, 2020). undergo immigration processing. As a operation in modern U.S. history is the 69 If CDC and CBP had undertaken a Federal one that HHS/CDC and other agencies quarantine and isolation operation for covered result, the introduction of covered aliens, the daily average population of covered aliens into those CBP facilities increases conducted in early 2020 for the aliens in custody and subject to quarantine or the serious danger of introducing approximately 3,200 persons who isolation may have exceeded 3,292 for at least two COVID–19 to others in the facilities— disembarked from cruise ships in U.S. reasons. First, CBP’s enforcement encounters ports or were repatriated from Asia. increased monthly after March 20, 2020. Second, including DHS personnel, U.S. citizens, many covered aliens would have spent longer in U.S. nationals, and LPRs, and other That operation would have been Federal quarantine and isolation than they would aliens—and ultimately spreading dwarfed by an ongoing quarantine and have spent in CBP custody before the COVID–19 COVID–19 into the interior of the isolation mission for covered aliens. pandemic. CBP has informed HHS/CDC of data 70 HHS/CDC considered whether it could avert United States. the serious danger of the introduction of COVID– The Director concluded that there are in support of the CDC Order. In the 75- 19 into CBP facilities through COVID–19 testing. structural and operational impediments day period before the issuance of the Specifically, HHS/CDC considered the to quarantining and isolating covered CDC Order on March 20, 2020, an asymptomatic transmission of COVID–19; the lack average of 3,292 of individuals who or limited availability of diagnostic testing for aliens in CBP facilities that neither COVID–19; the time required to obtain diagnostic HHS/CDC nor CBP can overcome, would be covered aliens under the CDC test results; the need to prioritize testing resources especially given the large number of Order were in custody at POEs and for the domestic population; the impracticability of covered aliens that move through the Border Patrol stations each day. Since implementing quarantine, isolation, and social March 21, 2020, the daily average has distancing in CBP facilities; and resource congregate areas of the facilities. Border constraints. HHS/CDC concluded that the better Patrol stations and POEs were designed been 895 covered aliens, option for public health was to prohibit the for short-term holding of individuals in notwithstanding an overall 91% introduction of covered aliens into the congregate congregate settings. They were not increase in Border Patrol enforcement areas in CBP facilities. encounters from 16,201 in April 2020, HHS/CDC expects to face similar policy decisions designed and equipped with sufficient in the future. In any pandemic caused by a novel interior space or partitions to quarantine to 21,687 in May 2020, to 30,936 in June virus that spreads asymptomatically there will be a potentially infected persons, or isolate 2020. Between March 21 and June 29, period when diagnostic testing is not widely infected persons. They also are not 2020, CBP encountered more than available due to the time necessary to create, 75,000 subjects between POEs alone, manufacture, distribute, administer, and receive the equipped to provide on-site care to results of diagnostic tests. Even then, it may be infected persons who present with and over 68,000 of those subjects were appropriate to prioritize diagnostic testing for some severe disease. Some but not all of the covered aliens amenable to expulsion populations over others, and diagnostic testing may facilities offer basic medical services, from the United States under the CDC produce at least some false negatives. Plus, diagnostic testing is a snapshot in time. An and all of them are heavily reliant on Order. HHS/CDC and CBP could not have uninfected person who undergoes diagnostic testing local health care systems for the and enters a congregate setting pending test results provision of more extensive medical quarantined or isolated a cumulative may become infected by others. An asymptomatic, services to aliens. Many of the Border total of more than 68,000 covered aliens infected person who undergoes diagnostic testing and enters a congregate setting may infect others. Patrol stations and POEs are located in between March 21 and June 29, 2020 who were expelled pursuant to the CDC While surveillance testing can be an effective remote areas and do not have ready alternative, it can consume tremendous resources. 68 access to local health care systems Order. Nor could they have As HHS/CDC’s experience here shows, a (which typically serve small, rural prohibition on the introduction of persons into 68 To put that number in context, the U.S. Census congregate settings may be a better option for Bureau estimates that the population of Rockville, protecting public health than testing, particularly 66 Id. Maryland (a suburb of Washington, DC) in 2019 was when finite testing resources must be prioritized for 67 Id. approximately 68,079 people. City & Town the domestic population.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56434 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

has had 1,806 employees test positive difficult to quantify the difference, CBP assesses that the risks of COVID–19 for COVID–19, a 56% increase informs HHS/CDC that any further transmission and insufficient bed compared to the 1,158 who tested degradation of its workforce in the capacity in health care systems serving positive on July 7, 2020. Tragically, ten Laredo Sector would jeopardize CBP’s U.S. border states would have been employees and one CBP contractor have ability to execute its public safety greater absent the Order. died from COVID–19 as of the same day. mission.71 Because the CDC Order has The effectiveness of the CDC Order as CBP does not have the capability to prevented COVID–19 from further a public health measure reinforces why identify the mechanism by which each degrading the CBP workforce, the IFR this final rule is vital to public health. CBP employee or contractor becomes and CDC Order have served the purpose HHS/CDC needs a readily available infected; CBP employees or contractors of section 362, which is to avert an procedure for exercising the section 362 may become infected through exposures increase in the serious danger of the authority so that it may continue to that occurred in their communities introduction into the United States of a protect public health during the through interactions outside of work or quarantinable communicable disease COVID–19 pandemic, and respond to in their workplaces, including Border from abroad. future public health threats with equal Patrol stations and POEs. In any event, Beyond the CBP workforce, CBP has efficacy. provided data to HHS/CDC showing that when CBP employees test positive and 3. Other Jurisdictions Have Taken the CDC Order has reduced the strain on do not require inpatient care, they must Similar Actions To Slow the the health care systems in U.S. border self-isolate at home until they recover Introduction of COVID–19, Which states at a time when those systems are and are no longer contagious. Underscores Why This Final Rule Is in CBP also has a large, rotating group of trying to safeguard their own workforces the Interest of U.S. Public Health employees who are self-quarantined from COVID–19 and prioritize health based on potential exposure to COVID– care resources for the domestic Global efforts to slow cross-border 19. CBP informs HHS/CDC that over population. In the 50 days preceding the COVID–19 transmission have included 1,500 CBP employees were quarantined issuance of the CDC Order, CBP officers public health actions substantially as of the end of June, and the impact made over 1,600 trips to U.S. hospitals similar to those taken by the United was more pronounced at the Southwest to take migrants to receive medical care. States. Nations such as the European border, where 975 U.S. Border Patrol In the first 80 days after the issuance of Union (EU) Member States and employees, representing approximately the CDC Order, CBP has made only 400 Schengen Area countries,74 Australia, 6% of the Southwest border personnel, such trips. This represents a 75% New Zealand, and Canada have were quarantined as of July 9, 2020. decrease in utilization of U.S. hospitals imposed restrictions on international Overall, based on information by migrants, which is material when travelers.75 The actions of other nations provided by CBP to HHS/CDC, the hospitals in U.S. border states in mid- to avert the introduction of COVID–19 COVID–19 pandemic has impacted the July were operating at or near their further corroborate the Director’s view Laredo Border Patrol Sector and the inpatient bed capacity for COVID–19 that this final rule will help HHS/CDC Laredo Field Office along the Southwest patients,72 or taking measures to absorb protect public health now and in the border area the most of any CBP area of a surge in COVID–19 cases within the future. 73 responsibility. As of July 16, 2020, domestic population. The Director a. The European Union and Schengen Border Patrol had a cumulative total of Area 91 personnel in the Laredo Sector test 71 CBP, for example, informs HHS/CDC that positive for COVID–19. Border Patrol Border Patrol might have to shift law enforcement EU Member States and Schengen also had 134 personnel, representing officers from patrols of the U.S. land border to countries have implemented restrictions migrant custody and transportation functions, on international travel similar to those 7% of its workforce in the Laredo which would increase the risk of transnational Sector, in self-quarantine. To maintain criminal organizations smuggling narcotics or imposed by the United States. Based on border security notwithstanding the loss migrants through the Laredo Sector. The Laredo a recommendation by the European of personnel, the Border Patrol has had Field Office might lose its ability to timely process commercial vehicles, which would slow the flow of to increase the number of shifts for law arizona-health/2020/07/14/arizona-coronavirus- goods into the United States. And CBP supervisors update-hospital-beds-fill-up-4-273-new-cases/ enforcement officers at Border Patrol might have to deny leave requests to maintain 5434525002/; Soumya Karlamangla, ‘We’re just checkpoints, reassign other personnel to staffing levels, which would overtax the CBP overwhelmed’: The view from inside hospitals as workforce. coronavirus surge hits, L.A. Times (July 13, 2020, checkpoints, and suspend certain law 72 enforcement trainings. Similarly, as of For example, local news media in Laredo, 5:00 a.m.), https://www.latimes.com/california/ Texas, reported on July 11, 2020 that two acute care story/2020-07-13/overwhelmed-hospitals- July 16, 2020, the Laredo Field Office hospitals in the area, Laredo Medical Center and coronavirus-surge-california. (which operates the Laredo POE, as well Doctor’s Hospital, were in a critical situation. 74 Migration and Home Affairs: Schengen Area, as many other land POEs in the State of Laredo Medical Center was at 100 percent capacity Eur. Comm’n (Jan. 1, 2020), https://ec.europa.eu/ Texas) had a cumulative total of 189 in its COVID intensive care unit and on its non-ICU home-affairs/what-we-do/policies/order-and-visas/ COVID patient floors, with four people in the schengen_en (‘‘Today, the Schengen Area [of the employees test positive for COVID–19, emergency department waiting on beds. The COVID EU] encompasses most EU States, except for and had 151 personnel (representing 5% intensive care units at Doctors Hospital were Bulgaria, Croatia, Cyprus, Ireland and Romania. of its workforce) in quarantine. The approaching 100 percent capacity, and its non-ICU However, Bulgaria, Croatia and Romania are Laredo Field Office has mitigated the COVID patient floors were at 100 percent capacity. currently in the process of joining the Schengen Local hospital COVID–19 ICU at capacity, KGNS Area. Of non-EU States, Iceland, Norway, loss of personnel by shifting law (July 11, 2020, 12:13 a.m. EDT), https:// Switzerland and Liechtenstein have joined the enforcement officers from passenger www.kgns.tv/2020/07/11/local-hospital-covid-19- Schengen Area.’’); Travel to and from the EU during vehicle and migrant processing (which icu-at-capacity/. Other hospitals in Texas border the pandemic: Travel restrictions, Eur. Comm’n, has decreased in volume) to commercial communities experienced similar surges. Sarah R. https://ec.europa.eu/info/live-work-travel-eu/ Champagne, Ten out of the 12 hospitals in Texas’ health/coronavirus-response/travel-and- vehicle processing (which has generally Rio Grande Valley are now full, Tex. Trib. (July 4, transportation-during-coronavirus-pandemic/travel- stayed consistent). 2020, 6:00 p.m.), https://www.texastribune.org/ and-eu-during-pandemic_en (last visited Aug. 31, The Director assesses that the 2020/07/04/texas-coronavirus-rio-grande-valley- 2020). numbers of CBP employees who test hospitals/. 75 See Andrea Salcedo, Sanam Yar, & Gina 73 positive for COVID–19 or enter Allison Steinbach, Arizona reports 4,273 new Cherelus, Coronavirus Travel Restrictions, Across COVID–19 cases, sets new records for hospital beds the Globe, N.Y. Times (July 16, 2020), https:// quarantine would probably be larger in use, Ariz. Rep. (July 14, 2020, 12:48 p.m.), www.nytimes.com/article/coronavirus-travel- absent the CDC Order. While it is https://www.azcentral.com/story/news/local/ restrictions.html.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56435

Commission, on March 17, 2020, EU approach to progressively lift internal out in the Recommendation, and on the Member States agreed to restrict non- border controls by June 15, and to updated list published by the Council essential travel across the EU’s external prolong the restriction on non-essential on August 7, 2020, the European border for a period that has now been travel into the EU until June 30, 2020.81 Commission says EU Member States extended several times.76 Each Member State’s internal border should start lifting travel restrictions at Restrictions on international travel controls continue to be independently external borders for residents from 11 into the EU and Schengen Area were determined by the States themselves. countries.86 quickly followed by EU Member States Within the Schengen Area, internal The external and internal border and Schengen Area countries closing border restrictions and quarantine controls imposed in the EU and their national borders. Such internal requirements for intra-Schengen Schengen Area resemble the measures border controls were initially tailored to travelers began to relax in late-June 2020 undertaken by the United States to avert the countries hardest hit by the as the rate of COVID–19 transmission the introduction of COVID–19 into the pandemic. For example, Austria and slowed in most Schengen Area country, including the IFR and CDC Switzerland closed their land borders countries.82 Nevertheless, several Order. EU Member States have based with Italy on March 11 and 13, 2020, Schengen Area countries with low their decisions to close and then reopen respectively, to prevent the entry of levels of COVID–19 transmission and borders on the reported severity of the individuals from Italy, which was an few confirmed cases, such as Latvia, COVID–19 pandemic in the countries epicenter of the COVID–19 pandemic at Lithuania, and Norway, continued to that travelers are entering from. The that time.77 Similarly, Portugal closed require citizens from other Schengen combination of external and internal its land border with Spain as part of Area countries to self-quarantine on border controls and public health sweeping measures to counter COVID– arrival, or limit travel to specific interventions in the EU and Schengen 19 transmission.78 Given the level of purposes.83 Schengen Area countries Area appear to have reduced not only economic interdependence and have also implemented varying public cross-border COVID–19 transmission commitment to the unrestricted health interventions, such as bans on but also internal community spread of movement of goods and persons within public gatherings, compulsory stay-at- the disease to the point of enabling the the EU, the closing of internal borders home orders, closures of schools and relaxation of some restrictions. The within the EU and Schengen Area is nonessential businesses, and face mask experiences of EU Member States and akin to individual U.S. States closing ordinances. Schengen Area countries reinforce the their borders to interstate travelers. On June 25, 2020, the European Director’s view that this final rule is an During the height of the COVID–19 Commission adopted a proposal for a important tool for protecting public pandemic, a large number of EU Council Recommendation to lift some health in the United States. Member States and Schengen countries travel restrictions for countries selected 84 b. Australia and New Zealand had closed their internal borders, often together by EU Member States. Australia and New Zealand have times cancelling international air travel Selection was based on a set of implemented external border closures as and cross-border train travel.79 principles and objective criteria part of their response to the COVID–19 On June 11, 2020, the European including the health situation in pandemic that are much more stringent Commission adopted a respective countries, the ability to apply than the measures taken by the United Communication 80 which set out an containment measures during travel, and reciprocity considerations, taking States. On March 19, 2020, Australia 76 Travel and transportation during the into account data from sources such as closed its borders with exemptions only coronavirus pandemic: Travel restrictions, Eur. the European Centre for Disease for Australian citizens, permanent Comm’n, https://ec.europa.eu/info/live-work-travel- Prevention and Control and the WHO.85 residents, and their immediate families, eu/health/coronavirus-response/travel-and- Based on the criteria and conditions set including spouses, legal guardians, and transportation-during-coronavirus-pandemic/travel- and-eu-during-pandemic_en (last visited Aug. 31, dependents, as well as other certain 87 2020). (June 11, 2020) (available at: https://ec.europa.eu/ other limited exceptions. All returning _ _ 77 Id.; Member States’ notifications of the commission/presscorner/detail/en/ip 20 1035). citizens and residents of Australia are temporary reintroduction of border control at 81 Id.; Travel and transportation during the subject to a mandatory 14-day internal borders pursuant to Article 25 and 28 et coronavirus pandemic, Eur. Comm’n, https:// quarantine at designated secure seq. of the Schengen Borders Code, EU, https:// ec.europa.eu/info/live-work-travel-eu/health/ ec.europa.eu/home-affairs/sites/homeaffairs/files/ coronavirus-response/travel-and-transportation- facilities, such as a hotel at their port of what-we-do/policies/borders-and-visas/schengen/ during-coronavirus-pandemic/travel-and-eu-during- arrival.88 In order to manage the return reintroduction-border-control/docs/ms_ pandemic_en (last visited Aug. 31, 2020). of citizens and residents, Australia has notifications_-_reintroduction_of_border_control_ 82 Id. capped international arrivals at 1,875 83 en.pdf (last visited Aug. 31, 2020). See e.g., If returning to/entering Latvia, Lat. Ctr. 89 78 Id.; Travel and transportation during the for Disease Prevention & Control, https:// passengers per week. Most visa coronavirus pandemic: Travel restrictions, Eur. www.spkc.gov.lv/lv/if-returning-toentering-latvia Comm’n, https://ec.europa.eu/info/live-work-travel- (last updated July 22, 2020) (links to list last 86 These countries are: Australia, Canada, eu/health/coronavirus-response/travel-and- updated August 28, 2020); The updated list of Georgia, Japan, New Zealand, Rwanda, South transportation-during-coronavirus-pandemic/travel- countries for mandatory 14-day isolation upon Korea, Thailand, Tunisia, Uruguay, and China and-eu-during-pandemic_en (last visited Aug. 31, return, Gov.t of the Rep. of Lith., https:// (subject to confirmation of reciprocity). Id. 2020). koronastop.lrv.lt/en/news/the-updated-list-of- 87 Media Statement, Prime Minister of Australia 79 Id.; Member States’ notifications of the countries-for-mandatory-14-day-isolation-upon- announces Border Restrictions (Mar. 19, 2020) temporary reintroduction of border control at return-1 (last updated July 27, 2020); Travel advice, (available at: https://www.pm.gov.au/media/border- internal borders pursuant to Article 25 and 28 et Health Ministry of Nor., https://helsenorge.no/ restrictions). seq. of the Schengen Borders Code, EU, https:// koronavirus/travel-advice#Travel-quarantine (last 88 Id.; COVID–19 and the border: Travel ec.europa.eu/home-affairs/sites/homeaffairs/files/ updated Aug. 24, 2020). restrictions, Cmlth. of Austl, Dep’t of Home Aff., what-we-do/policies/borders-and-visas/schengen/ 84 Travel to and from the EU during the https://covid19.homeaffairs.gov.au/travel- reintroduction-border-control/docs/ms_ pandemic: Travel restrictions, Eur. Comm’n, restrictions-0 (last updated Aug. 28, 2020). notifications_-_reintroduction_of_border_control_ https://ec.europa.eu/info/live-work-travel-eu/ 89 Media Statement, National Cabinet meets to en.pdf (last visited Aug. 31, 2020). health/coronavirus-response/travel-and- discuss Australia’s COVID–19 response, the 80 Press Release IP/20/1035, Coronavirus: transportation-during-coronavirus-pandemic/travel- Victoria outbreak, easing restrictions, helping European Commission recommends partial and and-eu-during-pandemic_en (last visited Aug. 31, Australians prepare to go back to work, and gradual lifting of travel restrictions to the EU after 2020). economic recovery (Aug. 7, 2020) (available at: 30 June, based on common coordinated approach 85 Id. Continued

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56436 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

holders, including those providing restrictive public health measures in under an exemption must meet a critical critical or specialist medical services, Melbourne, including a compulsory purpose and be approved in advance.101 including air ambulance and medical stay-at-home order limiting the reasons New Zealand has suspended visa evacuations, are not allowed to enter people can leave their homes,96 and a processing for offshore applicants Australia unless they apply for and are declaration of disaster in the State of because people who are not New granted an exemption and it is approved Victoria generally.97 Neighboring States Zealand citizens or residents are in advance of travel.90 International have imposed interstate travel unlikely to meet the current entry visitors to be granted an exemption and restrictions, including prohibiting requirements.102 New Zealand has permitted to travel to Australia may be persons traveling from Victoria from suspended its involvement in refugee required to pay up to $5,000 (AUD) to entering adjoining States.98 Still, resettlement programs and stopped defray the cost of their quarantine.91 preliminary epidemiological analysis accepting its quota of around 1,500 Australia had only 25,322 confirmed suggests that Australia’s travel refugees every year.103 cases and 572 deaths from COVID–19 as restrictions were effective in mitigating Any person still permitted to travel to of August 27, 2020.92 And as recently as the introduction of COVID–19 into the New Zealand, almost exclusively June 26, 2020 Australia was planning a country.99 citizens and residents, must submit to a safe return of crowds to stadiums, New Zealand has taken an even more medical examination and testing upon arenas, and large theaters,93 and had aggressive approach than Australia. It arrival, and is subject to a 14-day announced its intention to create a closed its borders to ‘‘all but critical quarantine or isolation period at a trans-Tasman COVID-safe travel zone travel’’ in the interests of public government-managed facility.104 with New Zealand.94 Nevertheless, an health.100 Only New Zealand citizens, Quarantine is required regardless of outbreak in Melbourne, Victoria in July their partners and dependent children, whether the individual tested negative 2020, believed to be caused by infection and accredited diplomats may travel to for COVID–19 on arrival and without control failures at quarantine New Zealand without prior approval. respect to whether the person is facilities,95 led to the imposition of New Zealand exempts a small number exhibiting any symptoms of COVID– of categories of travelers from the ban on 19.105 Although New Zealand has not https://www.pm.gov.au/media/national-cabinet- entering the country, including ‘‘critical previously charged travelers for 7aug2020) This cap will be in effect until October humanitarian travel’’ granted at the quarantine and isolation costs, effective 24, 2020. Id. A slightly lower cap of 1,475 passengers took effect on Monday July 13, 2020 and discretion of New Zealand immigration August 10, 2020, the government will was re-evaluated and increased in late July. Media authorities. Any non-citizen or legal charge $3,100 (NZ) for one adult; $950 Statement, National Cabinet discusses Australia’s resident seeking to enter the country (NZ) for each additional adult in the current COVID–19 response, easing restrictions, same room; and $475 (NZ) for each helping Australians prepare to go back to work (July 10, 2020) (available at: https://www.pm.gov.au/ easing restrictions, helping Australians prepare to additional child aged 3–17 in the same media/national-cabinet). go back to work (July 10, 2020) (available at: https:// room for those kept in quarantine and www.pm.gov.au/media/national-cabinet).); 90 COVID–19 and the border: Travel restrictions, isolation.106 New Zealand has also Cmlth. of Austl., Dep’t of Home Aff., https:// Coronavirus: Why has Melbourne’s outbreak worsened?, BBC (July 3, 2020), https:// closed its maritime border to all foreign covid19.homeaffairs.gov.au/travel-restrictions-0 ships, including cruise ships, with (last updated Aug. 28, 2020). www.bbc.com/news/world-australia-53259356. 96 107 91 For example, from July 17, 2020, anyone Updated restrictions—11.59 p.m. Wednesday limited exceptions. arriving in the Northern Territory from a declared 22 July 2020, St. Gov’t of Vict., Dep’t of Health & New Zealand’s so-called elimination COVID–19 hotspot must pay a quarantine fee of Human Serv.’s, https://www.dhhs.vic.gov.au/ strategy for COVID–19, consisting of $2,500 for an individual, or $5,000 for family updates/coronavirus-covid-19/updated-restrictions- border controls, case detection and groups of two or more people in a shared 1159pm-wednesday-22-july-2020 (last updated July accommodation for the duration of the 14-day 22, 2020); Stage 4 Restrictions, St. Gov’t of Vict., surveillance, and contact tracing and quarantine. Mandatory supervised quarantine fee Dep’t of Health & Human Serv.’s, https:// Interstate travellers from a COVID–19 Hotspot and www.dhhs.vic.gov.au/stage-4-restrictions-covid-19 101 Id. International Travellers, N. Terr. Gov’t, https:// (last updated Aug. 21, 2020). 102 COVID–19: Key updates, N.Z. Immigration, coronavirus.nt.gov.au/travel/quarantine/ 97 Premier’s statement on changes to regional https://www.immigration.govt.nz/about-us/covid- quarantine-fee (last updated Aug. 24, 2020). restrictions, St. Gov’t of Vict., Dep’t of Health & 19/coronavirus-update-inz-response (last visited 92 Coronavirus (COVID–19) at a glance—27 Human Serv.’s (Aug. 2, 2020), https:// Aug. 28, 2020). August 2020, Cmlth of Austl. Dep’t of Health (Aug. www.dhhs.vic.gov.au/updates/coronavirus-covid- 103 Immigration Factsheets: COVID–19 response— 27, 2020), https://www.health.gov.au/resources/ 19/premiers-statement-changes-regional- Quota Refugees, N.Z. Immigration (July 6, 2020), publications/coronavirus-covid-19-at-a-glance-27- restrictions. https://www.immigration.govt.nz/documents/ august-2020. 98 See e.g., Travel Restrictions, S. Austl. St. Gov’t, media/covid-19-quota-refugees-factsheet.pdf; see 93 Australian Health Protection Principal https://www.covid-19.sa.gov.au/restrictions-and- generally New Zealand Refugee Quota Programme, Committee (AHPPC) statement on the safe return of responsibilities/travel-restrictions#intosa (last N.Z. Immigration, https:// crowds to stadiums, arenas and large theatres, visited Aug. 28, 2020) (‘‘Travellers from Victoria, www.immigration.govt.nz/about-us/what-we-do/ Cmlth. of Austl. Dep’t of Health (June 26, 2020), other than approved categories of Essential our-strategies-and-projects/supporting-refugees- https://www.health.gov.au/news/australian-health- Travellers, are not permitted to travel to South and-asylum-seekers/refugee-and-protection-unit/ protection-principal-committee-ahppc-statement- Australia. Checkpoints or road blocks will be set up new-zealand-refugee-quota-programme (last visited on-the-safe-return-of-crowds-to-stadiums-arenas- at all border crossings between South Australia and Aug. 28, 2020); Increasing New Zealand’s Refugee and-large-theatres. Victoria.’’); NSW-Victoria border restrictions, Quota, N.Z. Immigration, https:// 94 Media Statement, Joint Statement—Prime N.S.W. St. Gov’t, https://www.nsw.gov.au/covid-19/ www.immigration.govt.nz/about-us/what-we-do/ Ministers Jacinda Ardern and Scott Morrison what-you-can-and-cant-do-under-rules/border- our-strategies-and-projects/refugee-resettlement- Announce Plans for Trans-Tasman COVID-SAFE restrictions#who-can-enter-nsw (last visited Aug. strategy/rqip (last visited Aug. 28, 2020). Travel Zone (May 5, 2020) (available at: https:// 28, 2020) (‘‘NSW has temporarily shut its border 104 COVID–19: New Zealanders in the UK— www.pm.gov.au/media/joint-statement-prime- with Victoria to contain the spread of COVID–19’’). Frequently Asked Questions, N.Z. Foreign Aff. & ministers-jacinda-ardern-and-scott-morrison- 99 Valentina Costantino et al., The effectiveness of Trade, https://www.mfat.govt.nz/en/countries-and- announce-plans-trans-tasman). As of mid-August, full and partial travel bans against COVID–19 regions/europe/united-kingdom/new-zealand-high- the plans for a trans-Tasman travel ‘‘bubble’’ had spread in Australia for travelers from China during commission/living-in-the-uk/covid-19-coronavirus/ been put on pause. Trans-Tasman bubble ‘on and after the epidemic peak in China, J. Travel (last visited Aug. 28, 2020). pause’ amid new Covid outbreaks across Pacific, Med. (May 22, 2020), https://academic.oup.com/ 105 See Id. The Guardian (Aug. 13, 2020 13:30 EDT), https:// jtm/article/doi/10.1093/jtm/taaa081/ 106 Id. (There is no charge for children under the www.theguardian.com/world/2020/aug/14/trans- 5842100#205346339. age of three). tasman-travel-bubble-on-pause-amid-new-covid- 100 Border closures and exceptions, N.Z. 107 COVID–19 Public Health Response (Maritime outbreaks-across-pacific. Immigration, https://www.immigration.govt.nz/ Border) Order 2020, Parl. Couns. Off. (June 30, 95 See Media Statement, National Cabinet about-us/covid-19/border-closures-and-exceptions 2020), http://www.legislation.govt.nz/regulation/ discusses Australia’s current COVID–19 response, (last visited Aug. 25, 2020). public/2020/0134/latest/whole.html#LMS363210.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56437

quarantine has been widely hailed as a cannot travel to Canada unless they are international travel than the United success.108 Restricting nearly all an immediate family member of a States, Canada’s restrictions are robust. international travel and immigration, Canadian national or permanent By closing its border to all but essential paired with domestic public health resident, or are traveling for one of a travel with the United States and interventions, gave New Zealand time to limited number of essential purposes returning citizens, Canada has put in place the infrastructure needed to and are either traveling directly from the operationalized a self-quarantine carry out its elimination strategy.109 On United States or exempt from travel process for arriving travelers that has August 28, 2020, New Zealand restrictions.114 All foreign nationals mitigated the spread of COVID–19, announced 12 new cases of COVID–19 eligible to enter Canada must undergo particularly from arriving asymptomatic that are being managed in isolation, health assessments, and have plans to persons who are capable of transmitting bringing the total to 130 active cases.110 self-quarantine for 14 days, that include the disease. Coupled with public health The experiences of New Zealand and where they are staying, how they plan interventions, Canada’s border control Australia, like the experiences of the EU to get to where they are staying, and measures have led to a considerable Member States and Schengen Area how they will get groceries and access reduction in COVID–19 transmission. countries, reinforce the CDC Director’s essential services. Failure to have an The Canadian experience is further view that this final rule is an important adequate quarantine plan is grounds to corroboration that this final rule is good tool for protecting public health in the be denied entry.115 Returning Canadians policy and vital to CDC’s ability to United States. are also required to quarantine for 14 protection public health in the United c. Canada days, during which individuals are not States. permitted to leave quarantine except for C. This Rulemaking Finalizes On March 20, 2020, the United States medical attention and may not have Procedures Necessary for HHS/CDC’s and Canada announced plans to, by visitors.116 Failure to adhere to Continued Protection of U.S. Public mutual consent, temporarily limit non- quarantine requirements is punishable Health From the COVID–19 Pandemic essential travel along the United States- by up to six months imprisonment, a Canada land border.111 As noted above, fine of up to $750,000 (CAD), a finding and Future Threats these measures were extended through of inadmissibility, removal from HHS/CDC needs this final rule to September 21, 2020.112 Canada, and a one-year entry ban.117 implement section 362 of the PHS Act Like Australia and New Zealand, As of August 27, 2020, Canada because the IFR is not permanent. Canada banned almost all other foreign reported over 126,000 cases of COVID– ‘‘Unless extended after consideration of nationals from entering the country. On 19 and over 9,000 confirmed deaths.118 submitted comments, [the IFR] will June 30, 2020, Canada extended its According to a July 8, 2020 report, cease to be in effect on the earlier of (1) public health restrictions on repatriated travelers accounted for 13 one year from the publication of [the international travelers from countries cases and no deaths. The Canadian IFR], or (2) when the HHS Secretary other than the United States, and on government believes community determines there is no longer a need for immigration to Canada, through at least transmission (as opposed to cross- [the IFR].’’ 119 Absent such a July 31, 2020.113 Most foreign nationals border transmission) accounts for 85% determination, the IFR lapses by its own of cases. In response to persistent, low terms on March 20, 2021. 108 See COVID–19: Elimination strategy for levels of community transmission, There are also legal actions Aotearoa New Zealand, Ministry of Health, https:// www.health.govt.nz/our-work/diseases-and- authorities in Toronto, Ottawa, and challenging the IFR. For example, in conditions/covid-19-novel-coronavirus/covid-19- several other Ontario cities have P.J.E.S. v. Wolf, No. 20–cv–02245–EGS current-situation/covid-19-elimination-strategy- mandated indoor mask use. Quebec has (D.D.C. filed Aug. 14, 2020), the named aotearoa-new-zealand (last updated May 8, 2020); similarly announced that masks will be Anna Jones, Coronavirus: How New Zealand went plaintiff has sued the HHS Secretary, ’hard and early’ to beat Covid–19, BBC News (July mandatory in all indoor public places the CDC Director, and others on behalf 10, 2020), https://www.bbc.com/news/world-asia- starting July 27, 2020. of a putative class of unaccompanied 53274085; Jason Douglas, As Coronavirus Surges in While Canada was slower to alien children. In additional to arguing U.S., Some Countries Have Just About Halted It, implement public health restrictions on The Wall Street J. (July 6, 2020), https:// that the CDC Order and the underlying www.wsj.com/articles/as-coronavirus-surges-in-u-s- IFR are contrary to statute, the putative some-countries-have-just-about-halted-it- 114 Id.; see also Coronavirus disease (COVID–19): class representative alleges that the IFR 11594037814. Who can travel to Canada—Citizens, permanent and CDC Order are arbitrary and 109 See Michael G. Baker et al., New Zealand’s residents, foreign nationals and refugees, Gov’t of elimination strategy for the COVID–19 pandemic Can., https://www.canada.ca/en/immigration- capricious for a number of reasons. and what is required to make it work, 133 N.Z. Med. refugees-citizenship/services/coronavirus-covid19/ According to the named plaintiff, J. 1512, 10 (2020), (available at: https:// travel-restrictions-exemptions.html (last updated ‘‘Defendants have not articulated a Aug. 13, 2020). www.nzma.org.nz/journal-articles/new-zealands- reasoned explanation for their decision elimination-strategy-for-the-covid-19-pandemic- 115 Id. and-what-is-required-to-make-it-work). 116 For travellers without symptoms of COVID–19 to apply [the IFR and the CDC Order] to 110 Media Release: NZ Ministry of Health returning to Canada, Gov’t of Can., https:// unaccompanied children; failed to Announces 12 new cases of COVID–19 (Aug. 28, www.canada.ca/en/public-health/services/ consider relevant factors in applying 2020) (available at: https://www.health.govt.nz/ publications/diseases-conditions/2019-novel- [the IFR and the CDC Order] to them news-media/media-releases/12-new-cases-covid- coronavirus-information-sheet.html (last updated 19). Aug. 7, 2020). . . .; relied on factors Congress did not 111 Fact Sheet: DHS Measures on the Border to 117 Coronavirus disease (COVID–19): Who can intend to be considered; failed to Limit the Further Spread of Coronavirus, Dep’t of travel to Canada—Citizens, permanent residents, consider reasonable alternatives that Homeland Sec., https://www.dhs.gov/news/2020/ foreign nationals and refugees, Gov’t of Can., were less restrictive; and offered no 06/16/fact-sheet-dhs-measures-border-limit-further- https://www.canada.ca/en/immigration-refugees- spread-coronavirus (last updated Aug. 14, 2020). citizenship/services/coronavirus-covid19/travel- sufficient explanation for their decision 112 85 FR 51634 (August 21, 2020). restrictions-exemptions.html (last updated Aug. 13, to expel them from the country.’’ 120 113 Press Release, Canada Extends Mandatory 2020). While the Government is defending all Requirements Under the Quarantine Act for Anyone 118 Statement from the Chief Public Health Officer challenges to the IFR and the CDC Entering Canada (Jun. 30, 2020) (available at: of Canada On August 27, 2020, Gov’t of Can., https://www.canada.ca/en/public-health/news/ https://www.canada.ca/en/public-health/news/ 2020/06/canada-extends-mandatory-requirements- 2020/08/statement-from-the-chief-public-health- 119 85 FR 16559 (March 24, 2020). under-the-quarantine-act-for-anyone-entering- officer-of-canada-on-august-27-2020.html (last 120 P.J.E.S. v. Wolf, No. 20–cv–02245–EGS, at canada.html), (last updated July 3, 2020). updated August 27, 2020). *27–28 (D.D.C. Aug. 14, 2020), ECF No. 1.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56438 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Order, it is nonetheless possible that a community transmission for many per 100,000 people over that same district court could vacate or enjoin the months, the IFR and CDC Order enabled period.125 IFR before the IFR lapses by its own DHS to expel tens of thousands of The surge in California was dramatic. terms on March 20, 2021. covered aliens from Mexico who would In early July 2020, the statewide data in The procedures finalized here ensure have otherwise spent material amounts California demonstrated a significant that HHS/CDC can mitigate the danger of time in congregate settings, and large increase in the community transmission of the introduction of COVID–19 into numbers of those covered aliens would of COVID–19, which prompted State the United States regardless of whether have otherwise been released into the officials to implement sweeping the IFR is vacated or enjoined, or lapses States in the U.S.-Mexico border region. measures to protect the health of the by its own terms. The procedures also Given the sheer volume of covered public.126 The State Public Health ensure that HHS/CDC can act quickly to aliens subject to the CDC Order, the Officer and Director observed that ‘‘[i]n mitigate the danger of the introduction Director assesses that the positive addition to the impact on the general of other quarantinable communicable impacts of the IFR and CDC Order on population, community spread diseases into the United States in the community transmission and case increases the likelihood of expanded future. As previously discussed, HHS/ counts in the U.S.-Mexico border region transmission of COVID–19 in congregate CDC cannot predict when it will need were not insubstantial. settings such as nursing homes, to exercise the Section 362 authority in The benefits of the IFR and CDC homeless shelters, jails and prisons. the future; the immediate availability of Order are compelling when the recent Infection of these vulnerable procedures for exercising the authority trends in COVID–19 case counts and populations in these settings can be is important once HHS/CDC decides to deaths, and the recent experiences of catastrophic[ ].’’ 127 The number of take action. the States in the U.S.-Mexico border patients hospitalized in California due The public health situation in the region, are considered. Nationally, the to COVID–19 increased between 50– U.S.-Mexico border region highlights numbers of COVID–19 cases have 100% in all regions in the State, with an the need for the procedures. The continued to decrease since mid-July, average increase of 77% compared to COVID–19 pandemic still presents and as of August 22, 2020, six out of ten mid-June.128 significant challenges for the States in HHS surveillance regions reported During the California surge, CBP the region, and Mexico itself. If the decreasing or stable levels of the continued to apprehend covered aliens procedures established by the IFR disease.121 Two regions reported an who had crossed the border from ceased to be effective, then the CDC increase in the percentage of people Mexico into California. Absent the IFR Order on covered aliens would likewise testing positive for COVID–19, and two and CDC Order, covered aliens moving cease to be effective, and the danger of regions reported increases in influenza- through congregate areas in Border the introduction of COVID–19 into the like illness visits over the previous Patrol stations and POEs in California States in the U.S.-Mexico border region week.122 Deaths involving COVID–19, could have been capable of transmitting would increase. The CBP workforce and pneumonia, and influenza have the virus that causes COVID–19, thereby the civilian population in the U.S.- declined, from a high of 16,957 deaths increasing the already serious danger of Mexico border region would face an during the week ending on April 18, the introduction of COVID–19 into increased risk of infection with COVID– 2020, to 400 deaths during the week California and, by extension, 19. The community transmission of ending on August 22, 2020.123 Weekly COVID–19, the number of new COVID– hospitalizations associated with 125 United States COVID–19 Cases and Deaths by 19 cases, and the attendant strain on the confirmed COVID–19 cases are also State: Cases in Last 7 Days, Ctrs. for Disease Control & Prevention, https://www.cdc.gov/covid-data- healthcare system in the U.S.-Mexico down, from a high of 10.10 per 100,000 tracker/#cases (last updated Aug. 30, 2020) border region would likely increase as Americans in April, to a low of 2.8 per (California reported 36,947 cases and Texas well. The Director assesses that HHS/ 100,000 Americans during the week reported 33,391 cases, followed by Florida with CDC can mitigate those consequences so ending on August 22, 2020.124 20,923 cases; Arizona had the third highest case rate per 100,000 people in the United States with long as the procedures established by While hospitalizations and deaths 2,807 cases, surpassed only by Louisiana and the IFR remain in place. have declined overall, the number of Florida). The Director’s assessment takes into new COVID–19 cases in certain areas of 126 On July 13, 2020, the California State Public account the effectiveness of the IFR and the country has surged in recent Health Officer and Director announced mandatory CDC Order as public health measures, months. Those areas include the States statewide closures of indoor operations for certain sectors, and both indoor and outdoor operations for recent trends in COVID–19 case counts in the U.S.-Mexico border region. bars and similar establishments Guidance on and deaths, the experiences of the Indeed, as of August 30, 2020, California Closure of Sectors in Response to COVID–19 (July States, and the States’ current reopening and Texas lead the country with the 13, 2020), Cal. Dep’t of Pub. Health, https:// plans. As previously discussed, the highest 7-day case count, and Arizona www.cdph.ca.gov/Programs/CID/DCDC/Pages/ COVID-19/Guidance-of-Closure-of-Sectors-in- Director assesses that the IFR and CDC has the third highest number of cases Response-to-COVID-19.aspx (last updated July 17, Order have reduced the danger of the 2020). In her order, she observed that ‘‘[t]he data introduction of COVID–19 into the 121 COVID View: A Weekly Summary of U.S. is clear that community spread of infection is of United States, and reduced the strain on COVID–19 Activity (August 22, 2020), Ctrs. for increasing concern across the state, and continues the healthcare system in the U.S.- Disease Control & Prevention, https://www.cdc.gov/ to grow in those counties on the County Monitoring coronavirus/2019-ncov/covid-data/covidview/ List[,]’’ and ‘‘[w]hile these counties [with high Mexico border region by decreasing the index.html (last updated Aug. 28, 2020). numbers of COVID–19 hospitalizations] are utilization of the healthcare system by 122 Id. primarily located in the south and central valley, covered aliens. The Director further 123 Weekly Updates by Select Demographic and there are now counties on the monitoring list from assesses that the IFR and CDC Order Geographic Characteristics: Provisional Death all regions of California.’’ See also Blueprint for a Counts for Coronavirus Disease 2019 (COVID–19), Safer Economy, Cal. All, https://covid19.ca.gov/ have helped slow community Ctrs. for Disease Control & Prevention, https:// safer-economy/#top (last visited Aug. 31, 2020). transmission of COVID–19 and the www.cdc.gov/nchs/nvss/vsrr/covid_weekly/ 127 Guidance on Closure of Sectors in Response to number of new COVID–19 cases in the index.htm (last updated Aug. 26, 2020). COVID–19 (July 13, 2020), Cal. Dep’t of Pub. Health, States in the U.S.-Mexico border region. 124 Laboratory-Confirmed COVID–19-Associated https://www.cdph.ca.gov/Programs/CID/DCDC/ Pages/COVID-19/Guidance-of-Closure-of-Sectors-in- While these positive impacts are Hospitalizations: Preliminary weekly rates as of Aug. 1, 2020, Ctr. for Disease Control & Prevention, Response-to-COVID-19.aspx (last updated July 17, difficult to quantify, it is undisputed https://gis.cdc.gov/grasp/COVIDNet/COVID19_ 2020). that Mexico has experienced 3.html (last visited Aug. 31, 2020). 128 Id.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56439

community transmission in California. and positivity rates would, in turn, medical personnel from FEMA, in The consequences for the healthcare frustrate efforts by California counties to addition to the 62 Federal medical system in California could have been step down to lower tiers in the personnel already deployed to assist severe; a surge of infected covered reopening guidelines and begin in- with Arizona’s COVID–19 response.140 aliens coming from Mexico could have person schooling and the reopening of On July 1, in response to a petition from further reduced the available inpatient businesses. The Director further assesses medical providers, the Arizona hospital bed capacity in California, that the introduction of covered aliens Department of Health Services activated while increasing the exposure of into California through congregate the State’s Crisis Standards of Care Plan, California healthcare workers and the settings in CBP facilities would likely which establishes guidelines for the CBP workforce to COVID–19. Increased have a negative impact on case and allocation of scarce healthcare resources community transmission from covered positivity rates in California, which among patients based on factors such as aliens would have been contrary to the would not be in the interest of U.S. likelihood of survival.141 As of August interest of U.S. public health, and public health. 30, 2020, Arizona’s inpatient hospital would have frustrated the efforts of Similar to California, Arizona saw bed occupancy rate was still Californians to slow community significant increases in the number of approximately 81%, with approximately transmission. confirmed COVID–19 infections 10% occupied by COVID–19 patients; There are still high rates of beginning in mid-May, leading the and its ICU bed occupancy rate was community spread within California, Governor of Arizona to suspend the approximately 77%, with approximately though the situation has improved some State’s phased re-opening plans and 15% occupied by COVID–19 patients.142 since the peak of the surge in July delay the phased reopening of schools Arizona has instituted county-specific 2020.129 California’s revised reopening until August 17, 2020.134 The Federal public health benchmarks that must be guidelines explain that as of August 31, government committed to constructing achieved in order to begin the phased 2020, certain businesses will be able to surge testing sites in Arizona to help reopening of businesses, including bars, open ‘‘with modifications, including all meet the increased demand for indoor gyms/fitness centers, indoor retail, shopping centers at maximum diagnostic testing.135 During mid-June, movie theaters, and water parks/tubing 25% capacity, and hair salons and Arizona was averaging approximately operations.143 Under the benchmark barbershops indoors,’’ even in counties 1,300 new COVID–19 infections a system, businesses in counties where community transmission is day; 136 and by mid-July, Arizona had designated as experiencing minimal or classified as ‘‘widespread.’’ 130 As one of the highest positivity rates in the moderate transmission, as indicated by counties step down from ‘‘widespread’’ nation, at nearly 27%.137 By July 27, certain metrics for at least two weeks, to the ‘‘substantial,’’ ‘‘moderate,’’ or 2020, 10 out of the 14 counties in may reopen subject to occupancy limits ‘‘minimal’’ tiers based on case and Arizona were in the ‘‘red zone,’’ and other mitigation requirements.144 positivity rates, restrictions are meaning there were more than 100 new As of August 27, 2020, only one county progressively loosened, permitting the cases for every 100,000 people, and is experiencing minimal transmission, reopening of additional indoor more than 10% of the people tested for eight counties are experiencing businesses and in-person instruction in COVID–19 test positive.138 moderate transmission, and six counties schools.131 Higher rates of community As a result of the surge in new transmission reverse such progress: ‘‘[i]f COVID–19 cases, Arizona’s healthcare 140 See Vice President Pence Holds News a county’s metrics worsen for two Conference with Arizona Governor, C-SPAN (July 1, system approached capacity in terms of 2020), https://www.c-span.org/video/?473590-1/ consecutive weeks, it will be assigned a the number of available hospital beds vice-president-urges-wearing-masks-amid- 132 more restrictive tier.’’ and critical staff.139 On July 1, 2020, coronavirus-spike-arizona (statements regarding While California is making progress, it Arizona requested 500 additional FEMA medical personnel occur at 03:52–04:20); see is not in the clear yet. As of August 30, also Brett Samuels, Arizona asks for 500 additional medical personnel amid spike in virus cases, The 2020, the California Department of 134 Press Release, Governor of Arizona Announces Hill (July 1, 2020), https://thehill.com/homenews/ Health reported 699,909 confirmed Further Action to Reverse COVID–19 Spread in the state-watch/505517-arizona-asks-for-500- cases of COVID–19, and 12,905 deaths. State (June 29, 2020) (available at: https:// additional-medical-personnel-amid-spike-in-virus. It recognized that ‘‘[a]s case numbers azgovernor.gov/governor/news/2020/06/further- 141 See generally COVID–19 Implementing Crisis continue to rise in California, the total action-reverse-covid-19-spread-arizona). Standards of Care at Short-Term Inpatient Acute 135 Jessica Boehm, Ariz. Cent., Feds downplay Care Facilities Guidance Approved by State Disaster number of individuals who have serious Phoenix mayor’s COVID–19 testing concerns, but Medical Advisory Committee (SDMAC)—4/1/2020, outcomes will also increase.’’ 133 commit to new mass test site in west Phoenix (July Ariz. Dep’t of Health Serv.’s, (available at: https:// The Director assesses that increased 8, 2020), https://www.azcentral.com/story/news/ www.azdhs.gov/documents/preparedness/ community transmission in California local/phoenix/2020/07/08/feds-discount-gallego- epidemiology-disease-control/infectious-disease- would likely result in increased concerns-but-commit-covid-19-testing-site/ epidemiology/novel-coronavirus/sdmac/sdmac- 5400030002/. guidance-crisis-standards-care-healthcare- numbers of cases, as well as increased 136 Will Stone, Health Experts Link Rise in facilities.pdf); Arizona Crisis Standards of Care case and positivity rates, and ultimately Arizona Coronavirus Cases to End of Stay-At-Home Plan, 3d ed. (2020), Ariz. Dep’t of Health Serv.’s, increased numbers of individuals who Order, Nat’l Pub. Radio (June 14, 2020), https:// (available at: https://www.azdhs.gov/documents/ have serious outcomes. Increases in case www.npr.org/2020/06/14/876786952/health- preparedness/emergency-preparedness/response- experts-link-rise-in-arizona-coronavirus-cases-to- plans/azcsc-plan.pdf). end-of-stay-at-home-ord. 142 Data Dashboard, Ariz. Dep’t of Health Serv.’s, 129 California Coronavirus Map and Case Count, 137 Arizona’s surge in coronavirus cases has been https://www.azdhs.gov/preparedness/epidemiology- N.Y. Times, https://www.nytimes.com/interactive/ ‘‘the worst in the entire country,’’ health experts disease-control/infectious-disease-epidemiology/ 2020/us/california-coronavirus-cases.html (last say, CBS News (July 13, 2020), https:// covid-19/dashboards/index.php (last visited Aug. visited Aug. 31, 2020). www.cbsnews.com/news/arizona-coronavirus- 13, 2020) (see ‘‘Hospital Bed Usage & Availability’’ 130 Blueprint for a Safer Economy, Cal. All, cases-worst-in-united-states. tab, subtabs for ‘‘ICU Bed Usage and Availability’’ https://covid19.ca.gov/safer-economy/#top (last 138 State Reports, White House Coronavirus Task and ‘‘Inpatient Bed Usage and Availability’’). visited Aug. 31, 2020). Force, *17–23 (July 26, 2020) (on file with HHS). 143 See Benchmarks for Businesses by County, 131 Id. 139 Id. See Data Dashboard, Ariz. Dep’t of Health Ariz. Dep’t of Health Serv.’s, (available at https:// 132 See id. Serv.’s, https://www.azdhs.gov/preparedness/ www.azdhs.gov/documents/preparedness/ 133 State Officials Anounce Latest COVID–19 epidemiology-disease-control/infectious-disease- epidemiology-disease-control/infectious-disease- Facts, Cal. Dep’t. of Pub. Health, https:// epidemiology/covid-19/dashboards/index.php (last epidemiology/novel-coronavirus/business- www.cdph.ca.gov/Programs/OPA/Pages/NR20- visited Aug. 31, 2020) (see ‘‘Hospital Bed Usage & benchmarks.pdf) (last updated Aug. 27, 2020). 213.aspx (last updated Aug. 30, 2020). Availability’’ tab). 144 Id.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56440 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

are experiencing substantial Mexican border states as the overall A. History of the U.S. Public Health transmission, during which all public health situation improves Laws 145 businesses must remained closed. somewhat. As of August 28, 2020, under Congress has long recognized the The Director assesses that the IFR and SALUD’s ‘‘stoplight’’ designation danger posed by communicable disease CDC Order have helped protect the system, only one of Mexico’s 32 states, and granted broad powers to the overtaxed Arizona healthcare system Colima, is red, 21 are orange, and 10 are Executive Branch to address the danger from additional strain and conserve yellow. Five states advanced to orange during times of emergency. In 1796, health care resources for the domestic from red. According to SALUD, Mexico Congress passed an Act Relative to population. The Director further City’s cases are stabilizing and hospital Quarantine, which authorized the assesses that absent the IFR and CDC occupancy in the city decreased to 47 President to direct U.S. officers to ‘‘aid Order, covered aliens moving through percent, from a high of approximately in the execution of quarantine, and also congregate settings in CBP facilities in 80 percent in mid-June. Although in the execution of the health laws of Arizona could have been capable of hospital occupancy rates have improved the states, respectively, in such manner transmitting the virus that causes in recent weeks—the national hospital as may to him appear necessary.’’ 149 COVID–19, thereby increasing the occupancy rate is 36 percent—hospital After a yellow fever outbreak in New already serious danger of the occupancy rates remain elevated in York in 1798, Congress enacted ‘‘An Act introduction of COVID–19 into Arizona Mexican border states such as Nuevo Respecting Quarantine and Health and, by extension, community Leon (61 percent) and Coahuila (48 Laws.’’ 150 This statute replaced the Act transmission in Arizona. The additional percent). As of August 26, 2020, several of May 1796 and created a more robust strain on the system would have been Mexican border states report relatively Federal public health regime. It problematic because the situation in high numbers of active COVID–19 authorized and required certain officers Arizona has been serious, with hospital infections: Tamaulipas (3,566 active to aid in the execution of State occupancy rates nearing limits, critical cases), Nuevo Leon (6,028 actives cases) quarantine and health laws, including staff shortages, and the activation of and Baja California (1,440 active cases). those with respect to vessels arriving in State plans for allocating health care. On August 2, 2020, the health minister or bound to any U.S. port. It also As with California, the Director of the Mexican border State of authorized the Secretary of the Treasury assesses that increased community Chihuahua died from COVID–19 after to vary or dispense with regulations transmission in Arizona would likely nearly two weeks of inpatient concerning the entry of vessels and result in increased numbers of cases, as hospitalization.148 cargoes when required for consistency well as increased case and positivity A shift in the epicenter of the COVID– with quarantine and other health laws. rates, and ultimately increased numbers 19 pandemic in Mexico to the U.S.- Just as the Director has recognized the of individuals who have serious Mexico border region would present threat that the introduction of COVID– outcomes. Increases in case and increased concerns for U.S. public 19 presents to CBP personnel, the Act positivity rates would, in turn, frustrate health because all covered aliens recognized that the ‘‘prevalence of any efforts by Arizona counties to meet crossing the U.S.-Mexico border contagious or epidemical disease’’ at a benchmarks for the reopening of necessarily travel through that region. If port could present a danger to Federal businesses. The Director assesses that community transmission in the Mexican officials. Therefore, it authorized the introduction of covered aliens into border region increases, then the measures to protect Federal officials Arizona through congregate settings in numbers of COVID–19 cases in that during an outbreak. Specifically, it CBP facilities would likely have a region are likely to increase, as are the authorized the Secretary of the Treasury negative impact on case and positivity numbers of infected covered aliens who and the President to order the relocation rates in Arizona, which would not be in seek to introduce themselves into the of revenue officers and public offices, the interest of U.S. public health. United States. The introduction of more respectively, from a dangerous port to a The Director’s concerns are driven infected covered aliens would probably safe location.151 Almost 100 years later, partly by the public health situation in have a negative impact on community the U.S. experienced a severe cholera Mexico. As of August 31, 2020, Mexico transmission in the United States, and outbreak caused by persons arriving has 591,712 confirmed cases, and ultimately U.S. public health. from Europe.152 In response, Congress 63,819 reported deaths.146 Some III. Statutory Authority passed the Quarantine Act of 1893, ch. observers believe the actual COVID 114, 27 Stat. 449. Several provisions of The primary legal authority infections and deaths are multiples that Act addressed the Federal authority supporting this rulemaking is section (likely between 10 to 20 times) of what to quarantine persons arriving in the 362 of the PHS Act, which is codified is reported, as Mexico has the lowest United States. Section 7 of the Act of at 42 U.S.C. 265. Congress enacted diagnostic testing per capita of any 1893, which used terms nearly identical section 362 in 1944, and modeled it on country in the Organization for to the current section 362, expanded Section 7 of the Quarantine Act of 1893, Economic Co-operation and Federal authority beyond the authority which was informed by U.S. public Development (OECD).147 to quarantine persons. Specifically, it health laws from the early days of the While the data on Mexico is limited, authorized the President to ‘‘prohibit’’ Republic. The history of the U.S. public there are signs that the epicenter of the the ‘‘introduction’’ of persons into the health laws is a helpful backdrop when COVID–19 pandemic in Mexico is United States if ‘‘the quarantine analyzing the congressional intent shifting from Mexico City to the defense’’ was insufficient to address a behind section 362. Below we discuss the history of such laws, followed by a 145 Id. 149 An Act relative to Quarantine, ch. 31, 1 Stat. 146 WHO Coronavirus Disease (COVID–19) discussion of section 362 and other 474 (May 27, 1796). Dashboard, WHO, https://covid19.who.int/table relevant statutory authorities. 150 An Act respecting Quarantine and Health (last visited Aug. 31, 2020). Laws, ch 12, 1 Stat. 619 (Feb. 25, 1799). 147 Azam Ahmed, Hidden Toll: Mexico Ignores 148 Laura Gottesdieer, Mexican State health 151 Id. Wave of Coronavirus Death in Capital, The N.Y. minister dies after being hospitalized for COVID–19, 152 History of Quarantine, Ctrs. for Disease Times (May 8, 2020, updated May 28, 2020), Reuters (July 26, 2020, 11:57 a.m.), https:// Control & Prevention, https://www.cdc.gov/ https://www.nytimes.com/2020/05/08/world/ www.reuters.com/article/us-health-coronavirus- quarantine/historyquarantine.html (last updated americas/mexico-coronavirus-count.html. mexico-idUSKCN24R0K5. July 20, 2020).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56441

‘‘serious danger of the introduction of sought to give the Executive Branch the involves in it the power of total suspension the [disease] into the United States’’, power to prevent asymptomatic persons of immigration, if we leave the bill without and a ‘‘suspension of the right to infected with a communicable disease the proposed section 7, every petty introduce’’ persons or property was from moving into the country before the quarantine officer, or certainly the Secretary demanded in the interest of public of the Treasury, will have it, to which I do asymptomatic persons and the customs not agree. I think it is quite clear that this health: [W]henever it shall be shown to or public health officials could detect section should be added, declaring in terms the satisfaction of the President that by the disease. Such persons, if allowed whenever the health or protection of the reason of the existence of cholera or into the country, would ‘‘disseminate country from infection requires the total other infectious or contagious diseases the poison that has been slumbering in suspension of immigration, that power is to in a foreign country there is serious their midst and imperil the lives of any belong to the President[.] danger of the introduction of the same community in which they happen to 24 Cong. Rec. 393 (Jan. 7, 1893) into the United States, and that locate.’’ H.R. 9757, 52nd Cong., 2d Sess., (statement of Sen. Hoar); see also id. at notwithstanding the quarantine defense Report No. 2210 at 4 (Jan. 9, 1893). The 393–94 (statement of Sen. Chandler) this danger is so increased by the risk of asymptomatic transmission arose (recognizing that section 7 would give introduction of persons or property from from persons moving into the United the President the power to suspend such country that a suspension of the States by vessel, by foot, or by any other immigration in his discretion, whenever right to introduce the same is demanded any means, and increased once the there is danger of infection); 24 Cong. in the interest of the public health, the person was on U.S. soil and poised to Rec. 470 (Jan. 10, 1893) (statement of President shall have power to prohibit, move further into the country. Sen. Gray) (stating that the exigency in whole or in part, the introduction of Section 7 also was noteworthy posed by ‘‘apprehension of the invasion persons and property from such because it granted the authority to of contagious disease [ ] is sufficient countries or places as he shall designate ‘‘suspend’’ the ‘‘right to introduce’’ . . . to justify this extraordinary power and for such period of time as he may persons or property. In 1893, as now, of the entire suspension of deem necessary. 27 Stat. 449, 452 (Feb. ‘‘suspend’’ was a term of art for immigration’’).156 The exigency of the 15, 1893). temporarily ceasing the operation or cholera outbreak taught that it was Section 7 was broader than some of effect of laws. See, e.g., U.S. Const. art. necessary to convey a broad power to the other sections of the Act of 1893 I, sec. 9, cl. 2 (‘‘The Privilege of the Writ the Executive Branch to use in rare because it applied to the act of of Habeas Corpus shall not be times of emergency to protect public introducing a person into the United suspended, unless when in Cases of health. As one Senator put it, ‘‘I believe States, and not simply to ships or Rebellion or Invasion the public Safety 153 that our duty is to provide, as far as our vessels carrying passengers. Section 7 may require it.’’); see also Universal constitutional authority can possibly go, prevented individuals traveling aboard English Dictionary 815 (John Craig ed. for the prevention of the introduction of vessels from circumventing vessel- 1869) (defining ‘‘suspend,’’ in part, as these epidemics. It is a peculiarly specific prohibitions that focused solely ‘‘to cause to cease for a time from binding and obligatory duty at this on disembarkations in American operation or effect, as, to suspend the time.’’ 2 Cong. Rec. 472 (Jan. 10, 1893) harbors. By allowing the President to habeas corpus act’’) (emphasis in (statement of Sen. Morgan) (emphasis broadly prohibit the ‘‘introduction’’ of original). Unlike the other sections of added). persons, it ensured that travelers could the Act of 1893, section 7 used the Congress enacted the Act of 1893 two not evade the prohibition by swimming phrase ‘‘suspension of the right to years after enacting the Immigration Act 154 or walking to shore. Congress also introduce,’’ which by its plain meaning of 1891 (‘‘Immigration Act’’), which demonstrates that Congress intended for authorized the Treasury Department to 153 Congress repeatedly used ‘‘ship’’ or ‘‘vessel’’ section 7 to authorize the President to in other sections of the 1893 Act, but conspicuously regulate immigration, and excluded referred more broadly to ‘‘persons or property’’ in cease temporarily the effect of any laws from admission into the United States section 7. Compare The Quarantine Act of 1893, ch. conferring a right to introduce aliens ‘‘suffering from a loathsome or a 114, 27 Stat. 449 section 7 with section 1 (unlawful persons.155 dangerous contagious disease.’’ Act of for ships to enter U.S. ports from abroad except in Furthermore, the Congressional accordance with public health regulations); section Mar. 3, 1891, ch. 551, section 1, 26 Stat. 2 (requiring ships abroad to obtain a bill of health); record reflects a clear and consistent 1084. Section 8 of the Immigration Act section 3 (authorizing, inter alia, regulation of theme that section 7 is intended to give authorized inspection officers from the ‘‘vessels sail[ing] from any foreign port or place’’); the President the authority to suspend Treasury Department to board any section 5 (issuance of regulations for, inter alia, any right to introduce persons that any ‘‘vessels in foreign ports,’’ and prohibition on arriving vessel, inspect the aliens on the vessels arriving without a bill of health); and immigration laws confer on the vessel, and have surgeons conduct section 6 (providing for ‘‘an infected vessel’’ to be Executive Branch. As one Senator medical examinations of the aliens. ‘‘remand[ed]’’ to quarantine station). The fact that explained: Section 9 imposed a penalty on any Congress did not mention ‘‘ship’’ or ‘‘vessel’’ in section 7, as it does in the other sections of the Act, [I]f section 7 be adopted, then I think it person or transportation company indicates that Congress did not intend to limit will be quite clear that . . . the power to bringing to the United States any alien section 7’s application to ships. suspend immigration altogether, either ‘‘suffering from a loathsome or 154 Consistent with contemporaneous dictionaries temporarily or permanently as a health dangerous contagious disease.’’ and the ordinary meaning and usage of ‘‘introduce,’’ device, is intended to be lodged solely in the When Congress enacted section 7 of a person could ‘‘introduce’’ him or herself. President of the United States, where it the Act of 1893, Congress was fully Introduction of a person was an action that could certainly should be lodged. In other words, be taken by individuals as well as third parties. See if it be true that the quarantine power Universal English Dictionary 1067 (John Craig ed. 156 The Act of 1893 passed overwhelmingly with 1861) (defining ‘‘introduction’’ to include, inter broad bipartisan support, but even those opposed alia, ‘‘the act of bringing into a country’’ and ‘‘the 67 F. 1, 4 (8th Cir. 1895) (discussing an ‘‘intervener to the law recognized it granted the President the ushering of a person into presence’’); American who introduces himself into a pending action in a authority to suspend immigration. See, e.g., 24 Dictionary of the English Language 113 (Noah state court’’) (emphasis added). Cong. Rec. 370–71 (Jan. 6, 1893) (statement of Sen. Webster ed., 1828) (similar definitions); cf. Ashley 155 See Universal English Dictionary 815 (John Mills) (‘‘I shall vote very cheerfully against placing v. Bd. of Sup’rs of Presque Isle Cty., 83 F. 534, 540 Craig ed. 1869) (defining ‘‘suspension,’’ in part, as in the hands of the President of the United States, (6th Cir. 1897) (referring to a ‘‘party [who] ‘‘[t]he act of suspending; the state of being whether he be a Republican or a Democrat, any introduces himself as a witness in his own behalf’’) suspended; in special senses, a keeping in doubt; such extraordinary power as that, to suspend (emphasis added); Olds Wagon Works v. Benedict, postponement of legal execution’’). immigration to this country at his pleasure.’’).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56442 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

aware of the Immigration Act that it had from China or the Philippines who President would be placed in the enacted just two years earlier. The Act introduced themselves into the United Surgeon General, to be exercised under of 1893 was not a redundant States by swimming or walking Presidential regulations.’’ H.R. Rep. No. immigration law. It was a broad public ashore.160 The Executive Order tailored 78–1364, at 25 (1944). health statute that gave the President a the Federal response to a discrete The differences between section 7 and sweeping but temporary power to problem: The arrival at Pacific Coast section 362 are few. First, section 362 combat larger, global threats to public ports of trans-pacific passenger-carrying grants authority to the Surgeon General health. Congress intended for the power vessels with epidemic cerebrospinal (not the President). Second, it applies to to prohibit the introduction of persons meningitis infection existing on board. any ‘‘communicable disease’’ (not to be a categorical one that operates Neither the Executive Order nor the separately and independently of the accompanying regulations purported to ‘‘cholera or other infectious or immigration power that applies against set forth a comprehensive or final contagious diseases’’). Third, it omits individual aliens suffering from a interpretation or framework for the the phrase ‘‘notwithstanding the contagious disease. Congress recognized implementation of section 7 of the Act quarantine defense.’’ Fourth, it that this separate public health of 1893. President Hoover’s Executive authorizes the Surgeon General to authority was needed to address, among Order was consistent with the statutory suspend the right to introduce when it other things, situations where an text, which communicates clearly that is ‘‘required’’ (not ‘‘demanded’’) in the infected but asymptomatic person was the authority to prohibit the interest of public health. seeking introduction into the United introduction of persons is not limited to Congress’s omission of the phrase States, or government resources were any one communicable disease, setting, ‘‘notwithstanding the quarantine overtaxed. mode of introduction, or geographic defense’’ reinforced Congress’s intent In June 1929, President Herbert location. that the Executive Branch have the Hoover issued an Executive Order In 1944, Congress enacted section 362 flexibility to prohibit the introduction of invoking section 7 of the Act of 1893 to of the PHS Act. 42 U.S.C. 265. Section persons in situations both where restrict the ‘‘Transportation of 362 is nearly identical to section 7 of the quarantine is available as a public Passengers’’ from China and the 1893 Act. health measure, and where it is not. Philippines because of a meningitis Whenever the Surgeon General 157 Originally, section 7 of the Act of 1893 outbreak. Since November 1928, 17 determines that by reason of the linked the authority to prohibit the trans-Pacific passenger-carrying vessels existence of any communicable disease introduction of persons to the with epidemic cerebrospinal meningitis in a foreign country there is serious inadequacy of quarantine as a national infections on board had arrived at U.S. danger of the introduction of such defense against disease transmission. By Pacific coast ports. The continued disease into the United States, and that decoupling the prohibition of the arrival of passengers with cerebrospinal this danger is so increased by the introduction of persons from the meningitis infection had ‘‘overtaxed’’ introduction of persons or property from inadequacy of quarantine, Congress gave Federal and state quarantine facilities, such country that a suspension of the the Surgeon General even greater and ‘‘notwithstanding the quarantine right to introduce such persons and flexibility to prohibit the introduction of defense, there exist[ed] danger of property is required in the interest of introducing this disease into the United the public health, the Surgeon General, persons into the United States in the States[.]’’ 158 Therefore, ‘‘in order to in accordance with regulations interest of public health, by allowing prevent the further introduction’’ of approved by the President, shall have that power to be exercised regardless of cerebrospinal meningitis into the United the power to prohibit, in whole or in whether the government is exercising its States, the Executive Order provided part, the introduction of persons and quarantine powers, and regardless of the that no persons may be introduced property from such countries or places adequacy of any quarantine measures. directly or indirectly by transshipment as he shall designate in order to avert This statutory change followed the or otherwise into the United States or such danger, and for such period of time meningitis outbreak of 1929, during any of its possessions or dependencies as he may deem necessary for such which President Hoover prohibited the from any port in China (including Hong purpose. introduction of persons arriving from Kong) or the Philippine Islands for such The legislative history of section 362 Asia when Federal and local quarantine period of time as may be deemed indicates that it was largely intended to facilities were operational but necessary, except under such conditions reenact section 7 of the 1893 Act. As overtaxed.161 as may be prescribed by the Secretary of explained in a house report, ‘‘Section The current statutory text therefore 159 the Treasury. 362 would reenact a provision of expressly gives the Director the Although the Executive Order focused present law (42 U.S.C. 111) authorizing authority to ‘‘prohibit, in whole or in on vessels, it was not limited to them; the suspension of travel of persons and part, the introduction of persons’’ from it clearly stated that ‘‘no persons may be shipment of goods from any foreign foreign countries whenever he introduced directly or indirectly by country where a communicable disease determines there is a serious danger of transshipment or otherwise into the exists, if there is found to be serious the introduction of a communicable United States,’’ except as permitted by danger of introduction of the disease disease into the United States and that the Treasury Secretary (emphasis into the United States. Consistently with added). The regulations accompanying this danger is so increased by the the general administrative pattern in the introduction of persons from those the Executive Order did not purport to bill, the authority now lodged in the narrow the Executive Order or foreclose countries that a ‘‘suspension of the right to introduce persons’’ is required in the the Executive Branch from enforcing 160 See Regulations Governing Embarkation of section 7 of the Act of 1893 against Passengers and Crew at Ports in China and the interest of public health. The statute is symptomatic or asymptomatic persons Philippine Islands and Their Transportation to the not limited to any particular United States Ports Prescribed in Accordance with communicable disease, setting, mode of Executive Order Approved June 21, 1929 (July 11, 157 introduction, or geographic location. Exec. Order No. 5143 (June 21, 1929). 1929), included in Conn. Dep’t of Health, 158 Id. Connecticut Health Bulletin, vol. 43. No. 9, 324–326 159 Id. (Sep. 1929). 161 Exec. Order No. 5143 (June 21, 1929).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56443

B. Other Statutory Authorities Relevant customs officers from DHS have assisted change the name of the final rule to to This Rulemaking CDC in implementing the CDC Order on ‘‘Control of Communicable Diseases; In addition to section 362, other covered aliens. Foreign Quarantine: Suspension of the sections of the PHS Act are relevant to The vesting in DHS of a duty to aid Right to Introduce and Prohibition of this rulemaking, including section 311, HHS/CDC in the enforcement of rules Introduction of Persons into United 42 U.S.C. 243; section 361, 42 U.S.C. and regulations promulgated under States from Designated Foreign 264; section 365, 42 U.S.C. 268; section section 362 is critical to the functioning Countries or Places for Public Health 367, 42 U.S.C. 270, and section 368, 42 of the PHS Act because DHS has Purposes’’ to better align with the text U.S.C. 271. personnel and resources at the of section 362, which uses the phrase Section 311 authorizes the Secretary operational level that HHS/CDC may ‘‘suspension of the right to introduce’’ to accept State and local assistance in require to execute a prohibition on the and states that the Director shall have the enforcement of quarantine rules and introduction of persons into the United ‘‘the power to prohibit . . . the regulations and to assist the States and States. HHS/CDC, for example, does not introduction of persons.’’ their political subdivisions in the have officers at POEs who can avert Second, the final rule uses the term dangers to public health by taking into control of communicable diseases. 42 ‘‘quarantinable communicable disease’’ Federal custody and expelling persons U.S.C. 243(a). instead of ‘‘communicable disease.’’ The who seek to introduce themselves into As previously discussed, section 361 purpose of this change is to clarify that the United States in violation of a CDC authorizes the Secretary to make and these procedures do not apply to all Order. Nor does HHS/CDC have the enforce such regulations that in the communicable diseases. Instead, these operational capability to avert dangers Secretary’s judgment are necessary to procedures are limited to preventing the to public health by interdicting vessels prevent the introduction, transmission, introduction of quarantinable that seek to introduce persons into the or spread of communicable diseases communicable diseases, which are United States or people who attempt to from foreign countries into the United included in the ‘‘Revised List of enter into the United States between States. 42 U.S.C. 264(a). It also permits Quarantinable Communicable Diseases’’ the apprehension, detention, or ports of entry in violation of a CDC Order. HHS/CDC, like its predecessor found in Executive Order 13295, as conditional release of individuals in amended by Executive Order 13375 and order to prevent the introduction, agencies and public health agencies at 164 the state level, depends partly on law Executive Order 13674. The current transmission, or spread of such list of diseases includes cholera, communicable diseases as may be enforcement agencies with operational capabilities to avert dangers to public diphtheria, infectious tuberculosis, specified from time to time in Executive plague, smallpox, yellow fever, viral Orders of the President upon the health by enforcing HHS/CDC’s public health orders against those who seek to hemorrhagic fevers (including Lassa, recommendation of the Secretary, in Marburg, Ebola, Crimean-Congo, South consultation with the Surgeon General. violate them. Section 368 provides that any person American, and others not yet isolated or 42 U.S.C. 264(b). named), severe acute respiratory Section 365 provides that it shall be who violates regulations implementing syndromes (including Middle East the duty of customs officers and of Coast sections 361 or 362 will be subjected to Respiratory Syndrome and COVID–19), Guard officers to aid in the enforcement a fine or imprisonment for not more and influenza caused by novel or of quarantine rules and regulations.162 than one year, or both. Pursuant to 18 reemergent influenza viruses that are 42 U.S.C. 268(b). Under Section 365, U.S.C. 3559 and 3571, an individual causing, or have the potential to cause Coast Guard officers have aided in the may face a fine of up to $100,000 for a a pandemic. apprehension and detention of violation not resulting in death, and up individuals for purposes of quarantine to $250,000 for a violation resulting in Third, the final rule adds in section and isolation, particularly at U.S. ports death. Under section 368, HHS/CDC 71.40(c) the requirement that the of entry. They have also enforced CDC’s may refer violators to the U.S. Director include in his or her Order a No Sail Order with respect to certain Department of Justice for criminal statement of ‘‘the serious danger posed cruise ships.163 Additionally, the prosecution. HHS/CDC does not have by the introduction of the quarantinable independent authority under section communicable disease in the foreign 162 The terms ‘‘officer of the customs’’ and 368 to impose criminal fines or country or countries (or one or more ‘‘customs officer’’ are defined by statute to mean, imprison violators. designated political subdivisions or ‘‘any officer of the United States Customs Service regions thereof) or places from which of the Treasury Department (also hereinafter IV. Provisions of New Section 71.40 and the introduction of persons is being referred to as the ‘‘Customs Service’’) or any Changes From Interim Final Rule commissioned, warrant, or petty officer of the Coast prohibited.’’ After considering Guard, or any agent or other person, including This final rule will interpret and comments (infra section V.), HHS/CDC foreign law enforcement officers, authorized by law implement section 362 and other or designated by the Secretary of the Treasury to decided to add this requirement because perform any duties of an officer of the Customs applicable provisions of the PHS Act to HHS/CDC agrees that the Director ought Service.’’ 19 U.S.C. Sec. 1401(i). Although this enable the Director to prohibit the to provide the public with a short and provision refers to the Secretary of the Treasury, the introduction of persons into the United concise factual statement on the serious Homeland Security Act transferred to the Secretary States consistent with the statute and of Homeland Security all ‘‘the functions, personnel, danger of the introduction of the assets, and liabilities of . . . the United States applicable law. quarantinable communicable disease Customs Service of the Department of the Treasury, There are a few notable changes that justifies the exercise of those including the functions of the Secretary of the between this final rule and the IFR. powers. For similar reasons, this final Treasury relating thereto . . . [,]’’ 6 U.S.C. Sec. First, this final rule has a slightly 203(1), such that reference to the Secretary of the rule also adds that any order issued Treasury should be read to reference the Secretary different name from the IFR, which was pursuant to it shall state the means by of Homeland Security. titled ‘‘Control of Communicable which the prohibition on introduction 163 See No Sail Order and Suspension of Further Diseases; Foreign Quarantine: shall be implemented. Embarkation, 85 FR 16628, 16631 (Mar. 24, 2020); Suspension of Introduction of Persons No Sail Order and Suspension of Further Into the United States From Designated Embarkation; Notice of Modification and Extension 164 Exec. Order 13295 (Apr. 4, 2003), as amended and Other Measures Related to Operations, 85 FR Foreign Countries or Places for Public by Exec. Order 13375 (Apr. 1, 2005) and Exec. 21004, 21007 (Apr. 15, 2020). Health Purposes.’’ HHS/CDC decided to Order 13674 (July 31, 2014).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56444 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Finally, HHS/CDC is changing the use States is required in the interest of more fully below, HHS/CDC clarifies of the word ‘‘vector’’ in the definition of public health. that the ‘‘suspension of the right to ‘‘suspension of the right to introduce.’’ In this final rule, HHS/CDC adds to introduce’’ means to cause the While the term ‘‘vector’’ may section 71.40(a) that the prohibition on temporary cessation of the effect of any technically include humans in some the introduction into the United States law, rule, decree, or order pursuant to definitions, it is generally accepted in of persons from designated foreign which a person might otherwise have the scientific community that vectors countries (or one or more political the right to be introduced or seek are living organisms that can transmit subdivisions or regions thereof) or introduction into the United States. infectious diseases between humans or places may be done ‘‘in whole or in B. Section 71.40(b) to humans from animals, such as part.’’ The phrase ‘‘in whole or in part’’ mosquitoes, ticks, flies, and fleas, appears in section 362, so HHS/CDC Section 71.40(b) of this final rule among others. There is not an believes it is appropriate to include it in defines some of the statutory language equivalent term that applies specifically the final rule. The authority to prohibit that HHS/CDC has incorporated into to humans. the introduction of persons into the section 71.40(a) of this final rule. United States is a broad one, and HHS/ A. Section 71.40(a) CDC will tailor its use of the authority 1. 71.40(b)(1): ‘‘Introduction into the United States’’ As discussed previously, Section 362 to what is required in the interest of of the PHS Act requires that the Director public health. If HHS/CDC concludes As explained above, section 71.40(a) first ‘‘determine [] that by reason of the that public health requires only a of this final rule tracks the language of existence of any communicable disease prohibition on the introduction of section 362 of the PHS Act, stating that in a foreign country there is a serious certain persons from foreign countries the Director ‘‘may prohibit, in whole or danger of the introduction of such (or one or more political subdivisions or in part, the introduction into the United disease into the United States, and that regions thereof) or places, then HHS/ States of persons . . . .’’ Section this danger is so increased by the CDC will not prohibit the introduction 71.40(b)(1) of this final rule defines introduction of such persons . . . from of all persons from such countries or ‘‘introduction into the United States’’ as such country that a suspension of the places. the movement of a person from a foreign right to introduce such persons . . . is HHS/CDC may, in its discretion, country (or one or more political required in the interest of the public consider a wide array of facts and subdivisions or regions thereof) or health . . . .’’ Only then ‘‘shall [the circumstances when determining what place, or series of foreign countries or Director] have the power to prohibit, in is required in the interest of public places, into the United States so as to whole or in part, the introduction of health in a particular situation. Those bring the person into contact with persons . . . from such countries or facts and circumstances may include the persons or property in the United States, places as he shall designate in order to same ones that HHS/CDC considers in a manner that the Director determines when issuing travel health notices: The avert such danger, and for such period to present a risk of transmission of a overall number of cases of disease; any of time as he may deem necessary for quarantinable communicable disease to large increase in the number of cases such purpose.’’ persons, or a risk of contamination of over a short period of time; the Section 71.40(a) interprets and property with a quarantinable geographic distribution of cases; any communicable disease, even if the implements the requirements in section sustained (generational) transmission; 362 that the Director must fulfill in quarantinable communicable disease the method of disease transmission; has already been introduced, order to prohibit the introduction of morbidity and mortality associated with persons into the United States. transmitted, or is spreading within the the disease; the effectiveness of contact United States. Specifically, section 71.40(a) establishes tracing; the adequacy of state and local that the Director may prohibit, in whole This definition is consistent with health care systems; and the dictionary definitions of ‘‘introduction,’’ or in part, the introduction into the effectiveness of state and local public Congress’ and courts’ use of the phrase, United States of persons from health systems and control measures. and the interest of public health. designated foreign countries (or one or Additionally, this final rule states that The word ‘‘introduction’’ is the noun more political subdivisions or regions the Director may prohibit the form of ‘‘introduce,’’ which ‘‘is a thereof) or places, only for such period introduction of persons into the United flexible and broad term.’’ U.S. v. Trek of time that the Director deems States for such period of time as he or necessary to avert the serious danger of she ‘‘deems necessary to avert the Leather, Inc., 767 F.3d 1288, 1298 (Fed. the introduction of a quarantinable serious danger of the introduction of a Cir. 2014). Dictionaries from around the communicable disease by issuing an quarantinable communicable disease.’’ eras when both the Act of 1893 and order in which the Director determines The IFR stated that the Director may section 362 were enacted contain that: similarly broad definitions of prohibit the introduction into the 165 (1) By reason of the existence of any United States of persons for such period ‘‘introduction.’’ The definitions quarantinable communicable disease in of time that he or she ‘‘deems necessary support HHS/CDC’s view that the a foreign country (or one or more for the public health.’’ HHS/CDC makes political subdivisions or regions thereof) 165 See Universal English Dictionary 1067 (John this change so that the final rule more Craig ed. 1861) (defining ‘‘introduction’’ to include, or place there is serious danger of the closely tracks the statutory text. inter alia, ‘‘the act of bringing into a country’’ as introduction of such quarantinable Finally, in section 71.40(a)(2), HHS/ well as ‘‘the ushering of a person into presence’’); communicable disease into the United CDC includes the phrase ‘‘suspension of American Dictionary of the English Language 113 States, and (Noah Webster ed., 1st ed. 1828) (similar the right to introduce,’’ instead of definitions); Funk and Wagnall’s New Standard (2) This danger is so increased by the ‘‘suspension of the introduction’’ of Dictionary of the English Language (1946) (defining introduction of persons from such persons. The final rule language tracks ‘‘introduce’’ as to ‘‘bring, lead, or put in; conduct country (or one or more political the statute verbatim. HHS/CDC inward; usher in; insert’’ and ‘‘introduction’’ as the ‘‘act of introducing, in any sense, as of inserting, subdivisions or regions thereof) or place interprets the statutory phrase bringing into notice or use, making acquainted; as, that a suspension of the right to ‘‘suspension of the right to introduce’’ the introduction of a key into a door, or of one introduce such persons into the United in section 71.40(b)(5). As discussed person to another’’).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56445

‘‘introduction’’ of a person into the HHS/CDC’s regulatory definition in preclude.’’ 167 Congress did not specify United States can include a person’s section 71.40(b)(1) resolves the how the Secretary should go about bringing of himself or herself into the ambiguity by making clear that the debarring, preventing, or precluding the United States, or a third party’s bringing introduction of a person into the United introduction of persons ‘‘in order to of the person into the United States. States can occur, for example, when a avert’’ the increased danger to public Congress has used the words person on U.S. soil moves further into health. Nor did Congress specify how ‘‘introduce’’ and ‘‘introduction’’ the United States, and comes into prohibitions of persons ‘‘in whole’’ elsewhere in Title 42 of the U.S. Code contact with new persons or property in differ from prohibitions of persons ‘‘in when referring to the movement into ways that increase the risk of spreading part.’’ commerce of goods that cause pollution. the quarantinable communicable It has long been recognized that 42 U.S.C. 7545(c) (‘‘The Administrator disease. ‘‘Introduction’’ does not ‘‘where a general power is conferred or may . . . control or prohibit the . . . necessarily conclude the instant that the duty enjoined, every particular power introduction into commerce . . . of any person first steps onto U.S. soil. If the necessary for the exercise of the one, or fuel or fuel additive . . .’’), 7522(a)(1) person has been on U.S. soil, and HHS/ the performance of the other, is also (prohibiting ‘‘the introduction, or CDC (through CBP) stops the person’s conferred.’’ 168 Here, HHS/CDC delivery for introduction, into movement before he or she comes into identifies particular powers that it may commerce,’’ of certain motor vehicles). contact with new persons or property in exercise under section 362 by defining Courts have explained that a way that risks spreading a the phrase to ‘‘[p]rohibit, in whole or in ‘‘introduction into commerce quarantinable communicable disease, part, the introduction into the United commences upon the arrival of then HHS/CDC has prevented the States of persons’’ to mean ‘‘to prevent imported goods upon United States soil, introduction of the person under section the introduction of persons into the but introduction does not necessarily 362. For example, if a person walked United States by suspending any right to end there.’’ United States v. Steinfels, from Canada to Vermont, walked 15 introduce into the United States, 753 F.2d 373, 377 (5th Cir. 1985). Once miles into the United States, and was physically stopping or restricting goods are on U.S. soil and clear intercepted by DHS before coming into movement into the United States, or customs, the seller of the goods may contact with new persons or property, physically expelling from the United continually introduce them into and returned to Canada without States some or all of the persons.’’ The commerce through his or her conduct. entering a congregate setting, then HHS/ definition clarifies that prohibitions on Id. at 378. Thus, ‘‘introduction’’ may be CDC would have prevented the introduction could include not only a continuing process, as opposed to a ‘‘introduction’’ of the person into the CDC orders suspending rights to single event that occurs at a fixed point U.S. introduce persons, but also actions by in time. A person who has been in the United HHS/CDC or its Federal or state partners The dictionaries, other statutes within States for longer than the incubation to physically expel persons from, or Title 42, and case law are all helpful to period of the quarantinable stop or restrict the movement of persons the interpretation of the phrase communicable disease, and has not yet into, the United States. The definition ‘‘introduction into the United States.’’ exhibited symptoms or tested positive further explains that the Director may None of those authorities, however, for the quarantinable communicable apply different prohibitions against squarely address how closely a person disease, may have finished introducing some or all of the persons from the must interact with the United States and himself or herself into the United States. foreign country who seek introduction for how long to constitute an That determination, however, will be into the United States. The Director ‘‘introduction’’ in the context of based on HHS/CDC’s application of its may, for example, suspend all rights to transmitting disease. The interpretation scientific and technical expertise to the introduce all persons from the foreign of ‘‘introduction’’ is within CDC’s specific facts and circumstances. country, request that DHS physically delegated statutory authority. City of expel the cohort of persons from the Arlington, Tex. v. F.C.C., 569 U.S. 290, 2. 71.40(b)(2): ‘‘Prohibit, in whole or in foreign country who are already on U.S. 296 (2013) (‘‘Congress knows to speak part, the introduction into the United soil, and further request that DHS stop . . . in capacious terms when,’’ as here, States of persons’’ the movement into the United States of ‘‘it wishes to enlarge[ ] agency In section 362, Congress gave the any other persons from the foreign discretion’’). It is also squarely within Secretary ‘‘the power to prohibit, in country who are not on U.S. soil. the expertise of HHS/CDC: It involves whole or in part, the introduction [into These particular powers are necessary scientific and technical knowledge and the United States] of persons . . . from because the introduction into the United experience regarding communicable such countries or places as he shall States of persons from a foreign country diseases generally, and the application designate in order to avert’’ an increase may continue after they have crossed a of such knowledge and experience to in the ‘‘serious danger of the U.S. land border and moved onto U.S. the unique facts and circumstances of introduction of [any communicable soil. If such persons are coming into the specific quarantinable disease in a foreign country] into the United States.’’ Congress’ grant of communicable disease that threatens 167 Prohibit, Universal English Dictionary 458 166 public health. authority is general in scope. When (John Craig ed. 1869); see also Prohibit, Funk and Congress enacted section 362, the power Wagnall’s New Standard Dictionary of the English 166 The courts frequently defer to the CDC’s to ‘‘prohibit’’ meant the power ‘‘to Language 1980 (1946) (‘‘to forbid, especially by judgment on such issues. In re Approval of Judicial forbid; to interdict by authority; to authority or legal enactment . . .’’); Prohibit, Emergency Declared in Eastern District of Oxford English Dictionary 1441 (1933) (‘‘to forbid California, 956 F.3d 1175, 1181 (9th Cir. 2020) hinder; to debar; to prevent; [or] to (an action or thing) by or as by a command or (determining that it would not be safe to resume statute; to interdict’’). normal court operations until ‘‘the CDC lifts its Elim Romanian Pentecostal Church v. Pritzker, 962 168 Luis v. United States, 136 S. Ct. 1083, 1097 guidance regarding travel-associated risks and F.3d 341 (7th Cir. 2020) (upholding against (2016) (Thomas, J., concurring) (quoting Thomas congregate settings and physical distancing’’); constitutional challenge an executive order that was Cooley, Constitutional Limitations 63 (1868)); see Valentine v. Collier, 956 F.3d 797, 801 (5th Cir. grounded in CDC guidelines); Hickox v. Christie, also 1 J. Kent, Commentaries on American Law 464 2020) (staying preliminary injunction that required 205 F.Supp.3d 579, 598–99 (D.N.J. 2016) (relying on (13th ed. 1884) (‘‘whenever a power is given by a prison officials to immediately implement measures CDC recommendations to determine the appropriate statute, everything necessary to the making of it in excess of those suggested by CDC guidelines); way to assess the risk from Ebola). effectual or requisite to attain the end is implied’’).

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56446 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

contact with others in the United States dangerous possible consequences.’’ 170 The initial epicenters of the disease in in a manner that the Director determines Congress, however, did not explain the United States included two large to present a risk of transmission of a when the danger of the introduction of urban areas: Seattle and New York City. quarantinable communicable disease, or a communicable disease becomes ‘‘grave At that time, the danger of the a risk of contamination of property, then in manner’’ or ‘‘of great weight and introduction of COVID–19 into other the Director must have the power to importance.’’ In the public health border states from Canada and Mexico, stop the further movement of these context, the term ‘‘serious danger’’ is without regard to the outbreaks in persons into the United States or else ambiguous. Seattle and New York City, was the Director’s power to prohibit the The resolution of the ambiguity is manifest. The issuance of the CDC Order introduction of persons would be within HHS’s delegated statutory prohibiting the introduction of covered rendered meaningless. Specifically, the rulemaking authority. City of Arlington, aliens into the United States was in the Director must have the power to prevent Tex., 569 U.S. at 296. It is also within interest of public health because it the further movement of such persons HHS/CDC’s scientific and technical mitigated the serious danger of cross- into the United States through expertise. HHS/CDC is best equipped to border introduction of COVID–19 in the quarantine, isolation, or expulsion. As make judgments about the dangers other border states. discussed previously, quarantine and presented by quarantinable isolation may be unworkable under communicable diseases abroad and the 4. 71.40(b)(4): ‘‘Place’’ certain circumstances or for certain measures that should be taken to HHS/CDC defines the term ‘‘place’’ to populations. In such instances, mitigate those dangers. include any location specified by the expulsion may be the only means by To resolve the ambiguity, HHS Director, including any carrier, which the Director can fulfill the defines ‘‘serious danger of the whatever the carrier’s flag, registry, or purpose of the statute. introduction of such quarantinable country of origin. This clarifies that To the extent section 362 is silent or communicable disease into the United when HHS/CDC refers to ‘‘place’’ in this ambiguous as to the particular powers States’’ in 71.40(b)(3) as ‘‘the probable final rule, it refers not just to territory available to HHS/CDC, the resolution of introduction of one or more persons within or outside of a country, but also that interpretive issue is within HHS/ capable of transmitting the to carriers, as that term is defined in 42 CDC’s delegated statutory rulemaking quarantinable communicable disease CFR 71.1,171 regardless of the carrier’s authority. City of Arlington, Tex., 569 into the United States, even if persons flag, registry, or country of origin. U.S. at 296. It is also within the or property in the United States are expertise of HHS/CDC. HHS/CDC has already infected or contaminated with 5. 71.40(b)(5): ‘‘Suspension of the right scientific and technical knowledge and the quarantinable communicable to introduce’’ experience with public health tools for disease.’’ This regulatory definition In section 71.40(b)(5), this final rule slowing the introduction into the United clarifies that, even if persons or property defines ‘‘suspension of the right to States of quarantinable communicable in the United States are already infected introduce,’’ a phrase used in section diseases from abroad. HHS/CDC knows or contaminated with a quarantinable 362, to mean ‘‘to cause the temporary what public health tools HHS/CDC must communicable disease, the introduction cessation of the effect of any law, rule, have readily available in order to avert of one or more additional persons decree, or order, pursuant to which a the increased danger to public health capable of disease transmission in the person might otherwise have the right to presented by a communicable disease same or different localities can be introduced or seek introduction into from abroad. Here, HHS/CDC interprets nevertheless present a serious danger of the United States.’’ section 362 as conferring the power to the introduction of the disease into the The regulatory definition tracks the expel persons from the United States United States. Additionally, this definition of the word ‘‘suspend’’ from because HHS/CDC cannot otherwise regulatory definition clarifies that the the late 19th century. Universal English fulfill the purpose of section 362. danger of introduction becomes serious Dictionary 815 (John Craig ed. 1869) when one or more additional persons (defining ‘‘suspend’’ in part as ‘‘to cause 3. 71.40(b)(3): ‘‘Serious danger of the capable of disease transmission would introduction of such quarantinable to cease for a time from operation or more likely than not be introduced into effect, as, to suspend the habeas corpus communicable disease into the United the United States. To be clear, this States’’ act’’) (emphasis in original). The regulatory definition does not require definition of ‘‘suspend’’ in the early As discussed above, section 362 of the the Director to make a numerical finding 20th century was substantially the same. PHS Act requires that the Director or a quantitative or empirical showing See Funk and Wagnall’s New Standard determine that the existence of a of probability in order to prohibit the Dictionary of the English Language 2432 communicable disease in a foreign introduction of persons. The Director (1946) (defining ‘‘suspend’’ as ‘‘to cause country presents ‘‘a serious danger of may make a qualitative determination, to cease for a time; hold back the introduction of such disease into the based on the known facts and temporarily from operation; interrupt; United States’’ before he or she circumstances, that the introduction of intermit; stay; as, to suspend the rules; prohibits the introduction of persons one or more persons capable of to suspend business; suspend from the foreign country into the United transmitting the quarantinable sentence’’); Oxford English Dictionary States. At the time Congress enacted communicable disease is probable. 255 (1933) (defining ‘‘suspend’’ as to section 362, ‘‘serious’’ meant ‘‘[g]rave in HHS/CDC’s experience during the ‘‘cause (of a law or the like) to be for the manner or disposition; solemn; not light COVID–19 pandemic informs its time no longer in force; to abrogate or or volatile,’’ 169 ‘‘[g]rave and earnest in interpretation of the statutory language. make inoperative temporarily’’). quality, manner, feeling or disposition; The regulatory definition is also not inclined to joke or trifle,’’ or ‘‘[o]f 170 Serious, Funk and Wagnall’s New Standard consistent with the long-standing use of great or relating to a matter of Dictionary of the English Language 2233 (1946). A contemporary dictionary defines ‘‘serious’’ as the word ‘‘suspend’’ to describe the importance, or having important or ‘‘excessive or impressive in quality, quantity, extent, or degree.’’ Serious, Merriam-Webster 171 42 CFR Sec. 71.1 defines ‘‘carrier’’ to mean ‘‘a 169 Serious, Universal English Dictionary 661 Dictionary, https://www.merriam-webster.com/ ship, aircraft, train, road vehicle, or other means of (John Craig ed. 1869). dictionary/serious (last visited Aug. 28, 2020). transport, including military.’’

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56447

temporary cessation of the effect of issuing an order under section 362 and locations of the persons. other U.S. laws. The Suspension Clause this final rule. An order under section Implementation of any order would also of the Constitution, which authorizes 362 suspends the effect of ‘‘any law, take into account any international the temporary suspension of the rule, decree, or order’’ under which an obligations of the United States. privilege of the writ of habeas corpus in individual person would ‘‘otherwise Accordingly, the Director may make times of rebellion or invasion, is a prime have the right to be introduced or seek exceptions for certain persons in an example. U.S. Const. art. I, sec. 9, cl. 2. introduction into the United States.’’ order, including: Aliens whose travel Additional examples of such falls within the scope of section 11 of C. Section 71.40(c) suspensions are found in the U.S. the United Nations Headquarters Code.172 HHS/CDC may suspend the Agreement or who would otherwise be Finally, the regulatory definition is introduction of persons into the United allowed entry into the United States consistent with the legislative history of States from certain places, and for pursuant to United States obligations section 362, as reflected in the debates certain periods, through an under applicable international concerning its immediate (and administrative order executed by the agreements; diplomatic travelers; U.S. substantially similar) statutory Director. In section 71.40(c), HHS/CDC government employees; and those predecessor, section 7 of the Act of describes the required contents of such travelling for humanitarian purposes. 1893. The debates surrounding that order. Any order issued by the Director provision show that members of under section 71.40 shall include a D. Section 71.40(d) Congress understood they were granting statement of the following: This final rule adds a requirement in the President the authority to suspend (1) The foreign countries (or one or Section 71.40(d) that the Director shall, immigration. See 24 Cong. Rec. 393 more political subdivisions or regions when issuing any order under this (1893) (statement of Sen. Hoar) (the thereof) or places from which the section, and as practicable under the statute would grant the ‘‘power to introduction of persons is being circumstances, consult with all Federal suspend immigration altogether, either prohibited. departments or agencies that would be temporarily or permanently as a health (2) The period of time or impacted by the order. The Director device’’); see also id. at 393–94 circumstances under which the shall, as practicable, provide the Federal (statement of Sen. Chandler) introduction of any persons or class of departments or agencies with a copy of (recognizing that section 7 would give persons into the United States is being the order before issuing it. The purpose the President the power to suspend prohibited. of this requirement is to ensure that immigration in his discretion, whenever (3) The conditions under which that HHS/CDC accounts for the interests of there is danger of infection); 24 Cong. prohibition on introduction will be the other departments or agencies in the Rec. 470 (Jan. 10, 1893) (statement of effective in whole or in part, including order, includes appropriate exceptions Sen. Gray) (stating that the exigency any exceptions that the Director in the order, and promotes a posed by ‘‘invasion of contagious determines are appropriate. coordinated and transparent Federal disease is sufficient . . . to justify this (4) The means by which the response to the quarantinable extraordinary power of the entire prohibition will be implemented. communicable disease. It may suspension of immigration.’’). It is (5) The serious danger posed by the sometimes be impracticable to engage in reasonable to conclude that Congress in introduction of the quarantinable such consultation before taking action to 1944 had the same understanding, communicable disease in the foreign protect the public health. In those because it re-enacted the same phrase country or countries (or one or more circumstances, the Director shall and there is no legislative history to the political subdivisions or regions thereof) consult with Federal departments and contrary. or places from which the introduction of agencies as soon as practicable after A ‘‘right to introduce’’ persons may persons is being prohibited. issuing his or her order, and may then conceivably arise under the Federal This last requirement was not modify the order as appropriate. laws, rules, decrees, or orders governing included in the IFR. However, after HHS/CDC might at times rely on (1) aviation, shipping, trade, immigration, considering comments, HHS/CDC state and local authorities who agree to law enforcement, or correctional decided to add it. The agency has broad help implement orders issued pursuant facilities, among others. The Director is powers under section 362, and the to section 71.40, or (2) other Federal not obligated to identify each specific exercise of those powers pursuant to agencies to implement and execute the ‘‘right to introduce’’ an individual this final rule could have significant orders issued under this section. If the person that the Director suspends when consequences. HHS/CDC agrees that the order will be implemented in whole or Director ought to provide the public in part by state and local authorities 172 See, e.g., 10 U.S.C. Sec. 123(a) (‘‘In time of with a short and concise factual under 42 U.S.C. 243(a), the Director’s war, or of national emergency . . . the President statement on the serious danger of the order shall explain the procedures and may suspend the operation of any provision of law standards by which those state or local relating to the promotion, involuntary retirement, or introduction of the quarantinable separation of commissioned officers . . . .’’); 22 communicable disease that justifies the authorities are expected to aid in the U.S.C. Sec. 289 (stating that congressional exercise of those powers. For similar order’s enforcement. Similarly, if the authorization to accept membership in the reasons, this final rule also adds that order will be implemented in whole or International Refugee Organization does not in part by designated customs officers or constitute action ‘‘which will have the effect of . . . any order issued pursuant to it shall suspending . . . any of the immigration laws or state the means by which the the United States Coast Guard under 42 other laws of the United States’’); 22 U.S.C. Sec. prohibition on introduction shall be U.S.C. 268(b), or another Federal 5722(a) (authorizing the President to issue an order implemented. department or agency, then the Director, suspending the application of United States law to in coordination with the Secretary of Hong Kong ‘‘whenever the President determines Any ‘‘class of persons’’ identified by that Hong Kong is not sufficiently autonomous’’); 46 the Director pursuant to the second Homeland Security or the head of the U.S.C. Sec. 3101 (‘‘When the President decides that requirement would be defined based on other applicable department or agency, the needs of foreign commerce require, the public health criteria, which may shall explain in the order the President may suspend a provision of this part for include the epidemiology of the procedures and standards by which any a foreign-built vessel registered as a vessel of the United States on conditions the President may quarantinable communicable disease, as authorities, officers, or agents are specify’’). well as the geographic area and specific expected to aid in the enforcement of

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56448 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

the order, to the extent that they are and policy rationales that support the period was sufficient for this permitted to do so under their existing regulatory text and seek further input rulemaking. The comment period closed legal authorities. from the public. For now, HHS/CDC 30 days after publication of the IFR in finalizes 71.40(f) to state: ‘‘This section the Federal Register on March 24, 2020. E. Section 71.40(e) shall not apply to U.S. citizens, U.S. Comment: Other commenters stated Section 71.40(e)(1) provides that this nationals, and lawful permanent that the rule should have been issued final rule does not apply to members of residents.’’ pursuant to the agency rulemaking the armed forces of the United States process governed by section 553(b) of and associated personnel for whom the G. Section 71.40(g) the APA, 5 U.S.C. 553. These Secretary of Defense provides assurance In section 71.40(g), HHS/CDC adds a commenters noted that although the to the Director that the Secretary of severability clause. HHS/CDC believes agency’s justification for applying the Defense has taken or will take measures this final rule complies with all ‘‘good cause’’ emergency exception in such as quarantine or isolation, or other applicable law, and that the invalidation section 553(b)(3)(B) is understandable in measures maintaining control over such of this final rule in its entirety would the context of the COVID–19 pandemic, individuals, to prevent the risk of ultimately harm U.S. public health. In the rule is intended to last beyond the transmission of the quarantinable the event that any provision of this final current public health crisis, so the communicable disease into the United rule should be held invalid or ‘‘good cause’’ exception should not States. HHS/CDC includes this unenforceable, either facially or as apply. exception because the Secretary of applied, the remaining provisions shall Response: HHS/CDC respectfully Defense has the authority and means to remain valid with the maximum effect disagrees. Section 553(b)(3)(B) of the prevent the introduction of a as permitted by law. APA authorizes a department or agency quarantinable communicable disease to dispense with the prior notice and V. Responses to Public Comments into the United States from his or her opportunity for public comment personnel returning from foreign The Department provided a 30-day requirement when the agency, for ‘‘good countries. Therefore, this final rule need comment period, which closed on April cause,’’ finds that notice and public not apply to Department of Defense 24, 2020. The Department received 218 comment are ‘‘impracticable, personnel. public comments to the IFR, and every unnecessary, or contrary to the public In addition, section 71.40(e)(2) comment was read and considered. interest.’’ Allowing for prior notice and provides that this final rule does not HHS/CDC’s responses to public opportunity for public comment on the apply to United States government comments in this section of this final interim final rule was impracticable and employees, contractors, or assets on rule respond directly to comments contrary to the public interest because it orders abroad, or their accompanying regarding the procedures established by would have prevented HHS from family members who are on their orders the IFR and finalized in this final rule. establishing procedures to allow it to or are members of their household if the In the interest of public transparency, quickly address the COVID–19 Director receives assurances from the HHS/CDC also responds to some pandemic through the issuance of relevant head of agency and determines comments about the CDC Order on orders such as the one suspending the that the head of the agency or covered aliens (as opposed to the introduction of covered aliens into the department has taken or will take, procedures established by the IFR and United States. COVID–19 has spread measures such as quarantine or isolation finalized in this final rule). In some rapidly, and taking prompt measures to to prevent the risk of transmission of a instances, the prior sections of this final slow the spread of the disease was quarantinable communicable disease rule address the issues raised by necessary to protect public health. into the United States. commenters. Additionally, HHS/CDC Comment: Commenters stated that the does not respond to comments that are IFR grants new public health powers to F. Section 71.40(f) directed at other departments or the Executive Branch that did not Section 71.40(f) of the IFR provided agencies or that are otherwise beyond already exist, or shifts political that the IFR did not apply to U.S. the scope of this final rule. Commenters accountability for the exercise of public citizens or LPRs. The IFR stated that included professional organizations, health powers from the President (who determining the appropriate protections industry representatives, religious is elected) to the CDC Director (who is for U.S. citizens and LPRs would benefit organizations, and the general public. a principal officer appointed by the from additional consideration and After considering the comments, the President and confirmed by the U.S. public comments.173 HHS/CDC received Department finalizes the IFR with the Senate). comments on the potential application changes described in Section III. Response: Since 1944, section 362 of of section 362 of the PHS Act to U.S. the PHS Act has provided that citizens and LPRs. Given the complex General Comments whenever the Surgeon General (now the and important legal and policy Comment: Some commenters stated CDC Director, by delegation from the questions presented by the potential 30 days was not sufficient time to HHS Secretary) determines that by application of section 362 to U.S. comment on the proposed rule and reason of the existence of any citizens, U.S. nationals, and LPRs, HHS/ asked the Department to extend the communicable disease in a foreign CDC has determined that it would be in comment period. country there is serious danger of the the public interest to provide notice of, Response: HHS/CDC respectfully introduction of such disease into the and accept comments on, any regulatory disagrees that the 30-day comment United States, and that this danger is so text that HHS/CDC would propose to period was insufficient. HHS/CDC notes increased by the introduction of persons apply to U.S. citizens, U.S. nationals, that the Administrative Procedure Act or property from such country that a and LPRs. Further notice and comment (APA) does not have a minimum time suspension of the right to introduce would enable HHS/CDC to provide the period for comments. Further, E.O. such persons and property is required in public with a more fulsome explanation 13563 recommends a 60-day comment the interest of the public health, the of the potential public health threats period, when feasible. Considering the Surgeon General (now the CDC current public health emergency, HHS/ Director), in accordance with 173 85 FR 16559, 16564 (Mar. 24, 2020). CDC determined that a 30-day comment regulations approved by the President,

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56449

shall have the power to prohibit, in state and local partners are using public immigrants from Mexico or Canada whole or in part, the introduction of health tools such as quarantine, would be unable to come to the United persons and property from such isolation, and conditional release to States to participate in the labor market. countries or places as he shall designate mitigate the spread of COVID–19. But Response: This final rule provides in order to avert such danger, and for the use of those public health tools does that when issuing any Order, the such period of time as he may deem not and should not foreclose the Director shall, as practicable under the necessary for such purpose. A appropriate use of other public health circumstances, consult with all Federal predecessor statute dating back to 1893 tools—including the statutory authority departments or agencies whose interests granted the President similar authority. to prohibit the introduction of persons— would be impacted by the Order, which The IFR and this final rule implement to combat the disease. HHS/CDC needs may include the U.S. Departments of the long-standing statutory authority of the flexibility to deploy the full array of Agriculture, Commerce, and the the Executive Branch, consistent with available public health tools in response Treasury. Any potential economic the design of Congress in 1944. to the COVID–19 pandemic, which consequences of an Order would be Comment: A number of commenters continues to evolve within the United considered by the Director as part of the provided comments about the CDC States and abroad. consultation process. Order on covered aliens, not the IFR or Even now, the introduction into the Comment: A number of commenters this final rule. These included United States of persons from foreign opined that expulsions of aliens to comments about the particular facts countries with COVID–19 would Central America and Mexico may underlying the CDC Order, particular increase the serious danger of further exacerbate public health challenges language used in the Order, such as the introduction of COVID–19 into different during the COVID–19 pandemic. meaning of ‘‘covered aliens,’’ and the areas of the United States. The section Response: These comments appear to public health analysis in the CDC Order. 362 authority and this final rule remain be directed at the CDC Order on covered Other commenters seemed to critical to mitigating the further aliens issued pursuant to the IFR, and misunderstand the differences between introduction of COVID–19 into those not this final rule. This final rule the CDC Order and the IFR and this areas. provides a mechanism for the CDC final rule, or disagreed with the Moreover, this final rule seeks to Director to prohibit the introduction of Director’s determination to apply the implement a permanent procedure persons when he or she determines that CDC Order only to CBP facilities at land which the Director may use to issue an by reason of the existence of any borders. order suspending the right to introduce communicable disease in a foreign Response: We believe these comments persons into the United States when country, there is serious danger of the confuse the IFR, the final rule, and the there is a serious danger of the introduction of such disease into the CDC Order on covered aliens. The CDC introduction of a quarantinable United States, and that this danger is so Order relates exclusively to the COVID– communicable disease into the United increased by the introduction of persons 19 pandemic, defines ‘‘covered aliens,’’ States. This final rule is needed to from such country that a suspension of and prohibits the introduction of address not only the COVID–19 the right to introduce such persons is ‘‘covered aliens’’ into the United States pandemic, but also future public health required in the interest of public health. through congregate settings in CBP threats. If the CDC Director determines, in the facilities at land borders. This final rule Comments: A commenter stated that exercise of his or her scientific and does not define ‘‘covered aliens.’’ Nor the IFR is arbitrary and capricious technical expertise, that these does this final rule prohibit the because the agency has failed to conditions are met and expulsion is in introduction of any persons into the consider important factors, such as the the interest of the public health, he or United States without an administrative impact that the CDC Order on covered she may issue an administrative order order issued by the Director. Rather, this aliens will have on individuals who pursuant to this final rule that requires final rule finalizes the procedures for seek to enter the United States and on expulsion. This final rule, standing the Director to use when he or she those in the United States who are alone, does not require expulsion. determines that a temporary prohibition awaiting their arrival; reliance interests; Comments: Some commenters stated on the introduction of persons from a and alternatives to suspending that there could be particular foreign country into the United States is migration, such as quarantine or vulnerability or hardship to ‘‘LGBTIQ’’ necessary in the interest of U.S. public isolation of persons. persons, women, or children. health. The procedures in this final rule Response: This final rule explains Response: HHS/CDC works to protect are general in nature; they are not why the benefits to U.S. public health the United States from health, safety limited to a specific quarantinable that flow from mitigating the and security threats, both foreign and in communicable disease or person or introduction of quarantinable the United States. Whether diseases category of persons. communicable diseases into the United start at home or abroad, are chronic or Comment: A number of commenters States may outweigh any impact on acute, curable or preventable, human stated that the period of preventing family well-being that may result from error or deliberate attack, HHS/CDC introduction of COVID–19 to U.S. deferred visitation of family members in fights disease and supports populations has now passed and that the United States. The same reasoning communities and citizens to do the our highest priority as a nation must be applies to non-family members who same. HHS/CDC believes this final rule to reduce community spread through await the arrival of persons in the U.S. will help HHS/CDC accomplish its the current tools we have available such This final rule also discusses reasonable mission. Under this final rule, the as self-isolation. alternatives that were considered, and Director would consult with other Response: HHS/CDC disagrees with why prohibitions on the introduction of Federal departments and agencies the proposition that HHS/CDC should persons may sometimes be more whose interests would be impacted by limit its response to the COVID–19 appropriate public health measures than any Order, including the U.S. pandemic to the use of conditional quarantine and isolation. Department of Homeland Security, and release orders or recommendations to Comment: Some commenters stated would have the discretion to include self-quarantine or self-isolate or similar that the final rule would have a negative exceptions for persons in the Order public health tools. HHS/CDC and its effect on the economy because when appropriate.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56450 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

Comments: A number of commenters to the care and custody of HHS’s Office from its custody without unnecessary stated that expelling an alien under of Refugee Resettlement (ORR) are delay . . . .’’). Minors who are subject section 362 of the PHS Act violates the directed towards the continuing custody to a prohibition on introduction under United States’ obligations under the and the conditions of confinement in section 362 of the PHS Act would not 1967 Protocol relating to the Status of which minors are held in custody be arrested or detained under the Refugees (1967 Refugee Protocol) and within the United States. See, e.g., 6 immigration laws and they are expelled the Convention against Torture and U.S.C. 279 (defining ‘‘UAC’’ in from the United States as expeditiously Other Cruel, Inhuman or Degrading subsection 279(g) and referring to ‘‘the as possible. Minors who comply with a Treatment or Punishment (CAT) and care of unaccompanied alien children’’ public health order under section 362 violates statutory protections, including in subsection 279(a)); Flores Settlement would not be arrested for violating the the William Wilberforce Trafficking Agreement at 7 (defining the relevant PHS Act or the order either. The FSA Victims Protection Reauthorization Act class as ‘‘[a]ll minors who are detained therefore does not apply to minors who of 2008 (TVPRA), the CAT regulations in the legal custody of the INS’’). are quarantined, isolated, or expelled implemented pursuant to the Foreign The TVPRA provides specific under a public health order. Affairs Reform and Restructuring Act of processes governing the custody and Indeed, ‘‘the [FSA] is a binding 1998 (FARRA) (8 U.S.C. 1231 note), the removal of UACs under Title 8. But the contract and a consent decree. . . . It is asylum and withholding provisions at 8 CDC has prohibited the introduction of a creature of the parties’ own U.S.C. 1158 and 1231(b)(3), and the aliens under section 362 of the PHS Act contractual agreements and is analyzed American Declaration on the Rights and for public health reasons without regard as a contract for purposes of to the age of the alien (or the persons Duties of Man. Some commenters said enforcement.’’ Flores v. Barr, 407 F. accompanying him), and actions to the IFR fails to provide legal process to Supp. 3d 909, 931 (C.D. Cal. 2019); see enforce the CDC prohibition necessarily individuals subject to the rule, also City of Las Vegas v. Clark Cty., 755 involve the prohibition on entering or including asylum-seekers, even though F.2d 697, 702 (9th Cir. 1985) (‘‘A return of an alien outside of Title 8’s U.S. law guarantees aliens an consent decree, which has attributes of procedures. opportunity to request protection at a contract and a judicial act, is POEs after crossing into the United Therefore, suspension of introduction, and the derivative expulsion authority construed with reference to ordinary States. Commenters also stated that contract principles.’’). The FSA applies expelling an alien who is a minor under section 362 of the PHS Act generally operates independently from only to those minors in the ‘‘legal violates the Stipulated Settlement custody’’ of the former Immigration and Agreement in Flores v. Barr, 934 F.3d Title 8 with respect to minors and other persons. The custody requirement under Naturalization Service (INS) as the term 910 (C.D.Cal. 2019) (the ‘‘Flores was intended by the parties when the Settlement Agreement,’’ or the ‘‘FSA’’). 8 U.S.C. 1232(b)(3) within the TVPRA is not a rule governing the procedures by Agreement was signed in 1997. FSA Responses: These comments are ¶¶ 4, 10. That means it applies to directed to the CDC Order on covered which an alien is removed or expelled. Rather, it is a statutory obligation that minors who are in immigration custody aliens issued pursuant to the IFR, and under Title 8. The Agreement does not not this final rule. To the extent these applies to all departments and agencies in the U.S. government, whether or not encompass, was not intended to comments are directed to both the CDC encompass, and did not anticipate Order and this final rule, HHS/CDC the government is removing UACs pursuant to Title 8 (or expelling minors custody incident to a public health respectfully disagrees with them. In order issued pursuant to the PHS Act. section 362 of the PHS Act, Congress under Title 42). This subsection requires only that UACs in the custody of a If a minor were expelled under section authorized the suspension of the 362, that minor would not be in the introduction of persons into the United Federal department or agency be transferred to the custody of HHS ‘‘legal custody’’ of any legal successor to States when a suspension of the right to within 72 hours unless ‘‘exceptional any party to the FSA. Although the FSA introduce persons is required in the circumstances’’ apply. 8 U.S.C. does not explicitly define ‘‘legal interest of U.S. public health. Congress 1232(b)(3). The current public health custody,’’ it recognizes a critical did not exempt from the scope of emergency plainly would qualify as an distinction between legal custody and section 362 any category of persons or ‘‘exceptional circumstance[ ]’’ physical custody. The FSA provides for any rights of introduction under specific permitting an exception from the 72- the INS in some instances to place a laws, including any found in Title 8 of hour transfer requirement. minor in the physical custody of a the U.S. Code. The FSA governs the conditions licensed program, but the FSA specifies The TVPRA and the FSA under which minors may be held in that the minor remains in the legal custody of the INS. FSA ¶ 19; see also The requirements of the TVPRA and government custody in connection with Gao v. Jenifer, 185 F.3d 548, 551 (6th FSA do not generally apply to situations their arrest or detention under Cir. 1999) (explaining that the INS’s where the Director has determined that immigration laws. FSA ¶ 10 (defining the class as ‘‘All minors who are contracts with these third-party a suspension of the right to introduce detained in the legal custody of the programs explicitly state that the INS persons is required in the interest of INS.’’), ¶ 12, ¶ 14 (‘‘Where the INS retains legal custody while the programs public health. The Flores settlement determines that the detention of the have physical custody). While a minor agreement and the statutory provisions minor is not required either to secure is in the physical custody of a licensed providing that unaccompanied alien his or her timely appearance before the program, the INS retains the sole children (UACs) 174 are to be transferred INS or the immigration court, or to authority to transfer and release the ensure the minor’s safety or that of 174 ‘‘[T]he term ‘unaccompanied alien child’ minor (except that the licensed program [UAC] means a child who—(A) has no lawful others, the INS shall release a minor can transfer physical custody in immigration status in the United States; (B) has not emergencies). FSA ¶ 19. Thus, attained 18 years of age; and (C) with respect to of Refugee Resettlement (ORR) of HHS is paragraph 19 makes clear that under the whom—(i) there is no parent or legal guardian in responsible, among other things, for ‘‘coordinating Agreement, the ‘‘legal custody of the the United States; or (ii) no parent or legal guardian and implementing the care and placement of [UAC] in the United States is available to provide care and who are in Federal custody by reason of their INS’’ means custody at the direction of custody.’’ 6 U.S.C. 279(g). The Director of the Office immigration status.’’ 6 U.S.C. Sec. 279(b)(1)(A). the INS under relevant immigration

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56451

laws, which grant the INS authority over under Title 42 are not processed for the event of any potential conflict. See the detention or release of the minor. Id. immigration enforcement actions. Medellin v. Texas, 552 U.S. 491, 504 n.2 The original class certified in the At the time the FSA was signed in (2008) (‘‘A ‘non-self-executing’ treaty Flores litigation included only 1997, the parties could not have does not by itself give rise to individuals under the age of eighteen anticipated the COVID–19 pandemic in domestically enforceable federal law. who ‘‘are, or will be arrested and 2020, and that some of the legal- Whether such a treaty has domestic detained pursuant to 8 U.S.C. 1252.’’ In successor agencies to the INS would be effect depends upon implementing 1986, when the class was certified, 8 charged with implementing emergency legislation passed by Congress.’’). U.S.C. 1252 governed discretionary procedures on behalf of the Director Congress implemented certain aspects detention during deportation under section 362. The ‘‘basic goal of of CAT into domestic law by statute as proceedings. At the time the FSA was contract interpretation’’ is to give effect part of the Foreign Affairs Reform and signed in 1997, the INS’s legal authority to the parties’ mutual intent ‘‘at the time Restructuring Act of 1998 (FARRA). 8 to detain minors remained within Title of contracting.’’ Founding Members of U.S.C. 1231 note. That statute declares 8 of the U.S. Code. 8 U.S.C. 1225(b), the Newport Beach Country Club v. it to be ‘‘the policy of the United States 1252(a); see also Reno v. Flores, 507 Newport Beach Country Club, Inc., 109 not to expel, extradite, or otherwise U.S. 292, 294–95 n.1 (1993). Such Cal. App. 4th 944, 955 (Cal. Ct. App. effect the involuntary return of any detention was incident to immigration 2003) (citing Cal. Civ. Code § 1636). The person to a country in which there are removal proceedings, the authority for sections of Title 42 being implemented substantial grounds for believing the which was also detailed in Title 8. 8 in this final rule are not immigration person would be in danger of being U.S.C. 1225(a), 1226, 1231, 1252(b). The statutes or even custody statutes, and subjected to torture’’ and to prescribe authority for immigration proceedings, their purview is not limited to aliens. regulations to implement U.S. as well as the authority to hold minors Rather, they provide broad authority to obligations under Article 3 of the in immigration custody, is still found in CDC to respond to public health threats. Conventions. See Public Law 105–277, Title 8 today. See 8 U.S.C. 1225, 1226, Further, the FSA makes clear that the div. G, subdiv. B, title XXII, § 2242(a)– 1231, and 1232. The successors of the parties were addressing and settling (b) (1998), codified at 8 U.S.C. 1231 INS who carry out these immigration specific issues related to custody by the note. In its ratification statement functions today are CBP, ICE, and U.S. INS incident to immigration accompanying the treaty, the U.S. Citizenship and Immigration Services, proceedings, under the applicable law Senate observed that the ‘‘substantial all of which are part of DHS, as well as governing that custody. See, e.g., FSA grounds’’ requirement would be the ORR in HHS with respect to UACs. ¶¶ 9, 11, 12.A, 14, 24.A (providing for interpreted as requiring an alien to See Homeland Security Act of 2002, bond hearings before an immigration establish that it would be ‘‘more likely 402, 462, 1512, Public Law 107–296, judge). Nothing in the FSA suggests that than not that he would be tortured’’ in 116 Stat. 2135 (November 25, 2002) the parties intended it to govern—or the prospective country of removal. (codified at 6 U.S.C. 202, 279, 552); anticipated that it would govern—any Resolution of Ratification, Convention TVPRA, 8 U.S.C. 1232. emergency procedures implemented by Against Torture and Other Cruel, CDC, though part of HHS along with the HHS/CDC under section 362 of the Inhuman or Degrading Treatment or ORR, is not a successor to the INS with PHS Act. Punishment, Senate Consideration of Treaty Document 100–20, II.(2), 136 respect to the detention addressed in the The CAT and the 1967 Refugee Protocol FSA. Custody incident to the Cong. Rec. S17904 (Oct. 27, 1990). government’s implementation of order The final rule implements authority Under 42 U.S.C. 268, customs officers issued by the Director under its section under section 362 of the PHS Act, have an obligation to aid in enforcement 362 authority is different from the Title which authorizes a prohibition on the of HHS/CDC’s administrative Orders introduction of persons in the interest of 8 immigration custody that the issued under section 362 of the PHS public health. Although HHS/CDC Agreement covers.175 Section 362 Act. HHS/CDC therefore expects that believes that the final rule is entirely provides the Director with ‘‘the power DHS will take the lead role in enforcing consistent with the international to prohibit, in whole or in part, the any CDC Order prohibiting the obligations of the United States under introduction of persons and property introduction of persons into the United the CAT and the 1967 Refugee Protocol, from such countries or places as he shall States. In connection with existing those international treaties are non-self- designate in order to avert such danger, enforcement of the current CDC Order executing. See Khan v. Holder, 584 F.3d and for such period of time as he may on covered aliens, HHS/CDC 773, 783 (9th Cir. 2009) (‘‘[T]he deem necessary for such purpose.’’ understands that DHS provides aliens [Refugee] Protocol is not self- Custody incident to implementation of with the opportunity to express a fear executing.’’); Auguste v. Ridge, 395 F.3d that they will suffer torture in the this provision is not pursuant to 123, 132 (3d Cir. 2005) (the CAT ‘‘was country to which they are being immigration laws. The Director, not not self-executing’’); Trinidad y Garcia returned. So long as border officials DHS, has the legal authority for these v. Thomas, 683 F.3d 952, 955 (9th Cir. apply a process for assessing non- processes.176 Individuals processed 2012) (en banc) (per curiam) (‘‘The CAT refoulement concerns, as appropriate, is a treaty signed and ratified by the the government satisfies its treaty 175 See, e.g., Order Suspending Introduction of Certain Persons from Countries Where a United States, but is non-self-executing. obligations, as reflected in the FARRA. Communicable Disease Exists, 85 FR 17060 (Mar. 136 Cong. Rec. 36, 198 (1990).’’). See Trinidad y Garcia, 683 F.3d at 956– 26, 2020). Therefore, the domestic statutes that 57 (concluding, in a challenge to 176 The INS could not have implemented CDC’s implement these obligations and their extradition on non-refoulement section 362 orders. The role of DHS in public health corresponding regulations would enforcement is pursuant to section 365 of the PHS grounds, that if the agency found it Act, which provides, ‘‘It shall be the duty of the control as a matter of domestic law in ‘‘more likely than not’’ that an customs officers and of Coast Guard officers to aid extradited person would not face torture in the enforcement of quarantine rules and DHS with the Homeland Security Act. 6 U.S.C. Sec. abroad, then ‘‘the court’s inquiry shall regulations . . . .’’ Neither the Coast Guard, nor 203. DHS’s role in enforcing the HHS/CDC Order any customs officers, were part of the INS. The arises from the PHS Act, not any immigration have reached its end’’). customs officer authorities now within DHS were statute. The Agreement did not cover the Treasury In addition to implementing its CAT transferred from the Department of the Treasury to Department. obligations through the FARRA, the

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56452 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

United States has implemented the non- appropriate, in connection with the specific power to expel persons is a refoulement obligation under the 1967 implementing the Order. As explained corollary to the general power to Protocol by enacting the withholding-of- in this final rule, the Director may prohibit the introduction of persons. removal provisions in section 241(b)(3) provide that certain persons are HHS/CDC cannot effectuate the of the INA (8 U.S.C. 1231(b)(3)). These excepted in an Order, and that could authority granted by section 362 unless statutory provisions prohibit the include exceptions for persons traveling HHS/CDC can expel persons, removal of an individual to a country for humanitarian purposes. The Director particularly in cases where quarantine where he or she would face persecution expects to consult with relevant federal and isolation are inadequate due to or torture, subject to several statutory departments and agencies when issuing epidemiological factors, resource exceptions. One such exception any order under section 71.40(d). For limitations, geography, location, or excludes any alien from statutory the same reasons, the American other considerations. withholding-of-removal protection Declaration on the Rights and Duties of In the case of the CDC Order issued where ‘‘there are reasonable grounds to Man does not bar this final rule. pursuant to the IFR, it is not reasonable believe that the alien is a danger to the Comments: One commenter stated to assume that all covered aliens subject security of the United States.’’ Id. that the IFR applies only to land to the Order can or will comply with 1231(b)(3)(B)(iv). This statutory borders, even though, as the IFR itself conditional release orders or safely self- exception is derived from Article 33 of notes, transportation hubs, like airports quarantine or self-isolate after the 1967 Protocol, which contains an and cruise ship terminals, are introduction into the country. That has exception for a refugee for ‘‘whom there congregate settings ‘‘conducive to not been HHS/CDC’s experience with are reasonable grounds for regarding as disease transmission.’’ The IFR does not foreign nationals arriving in the United a danger to the security of the country bar travel by tourists arriving by plane States on commercial flights, which in which he is.’’ See 1967 Protocol, or ship, even though these modes of require valid travel documents and Article 33.2. transportation are explicitly listed as clearance of customs. Even some foreign In Matter of A–H-, 23 I&N Dec. 774 congregate settings with a risk of disease nationals who produce valid travel (2005), the Attorney General interpreted transmission. documents, fly internationally, and the phrase ‘‘danger to the security of the Response: These comments appear to clear customs do not comply with self- United States’’ in an analogous be directed to the CDC Order on covered quarantine or self-isolation protocols, or provision of the INA (the former section aliens issued pursuant to the IFR, and provide contact information to HHS/ 243(h)(2)(D) of the INA) to mean ‘‘a risk not the IFR or this final rule. The CDC CDC for use in public health monitoring to the Nation’s defense, foreign Director may use the procedures in the and contract tracing investigations. relations, or economic interests.’’ In re IFR and this final rule to issue an Covered aliens under the CDC Order Matter of A–H-, 23 I&N Dec. 774, 788 administrative order that applies to seek to introduce themselves into the (AG 2005); see also Yusupov v. Attorney persons who seek to introduce United States under circumstances and General of U.S., 518 F.3d 185, 204 (3d themselves into the United States in ways that suggest to HHS/CDC that Cir. 2008) (upholding in relevant part through airports or cruise ship they are less likely to adhere to a the Attorney General’s interpretation in terminals. There are, however, conditional release order or self- Matter of A–H-); cf. 8 U.S.C. 1189(d)(2) additional tools available to address quarantine or self-isolation protocol. For (defining ‘‘national security’’ in a public health risks in transportation starters, all covered aliens lack valid separate provision of the INA as hubs. Such tools include proclamations travel documents, which suggests that encompassing ‘‘the national defense, under section 212(f) of the INA and No they are not coming prepared to comply foreign relations, or economic interests Sail Orders. with U.S. legal processes. Many walk into the United States from Mexico or of the United States’’). Because Section 71.40(a), Statutory Canada, which suggests that they do not enforcement of a CDC Order would Requirements for the CDC Director To occur pursuant to section 362 of the have access to transportation. DHS Suspend the Introduction of Persons PHS Act, this provision of the INA does informs HHS/CDC that under normal Into the United States not directly apply to orders issued circumstances—when the introduction under the final rule. Nonetheless, where Comments: Several commenters of persons is not suspended—many the Director has determined that there is stated that, taken together, the IFR and covered aliens would be asylum- a reasonable ground to believe that the CDC Order on covered aliens incorrectly seekers, who by definition lack introduction of an alien, or class of assume that persons from a foreign permanent U.S. residences. DHS and aliens, would pose a danger of country cannot self-quarantine or self- DOJ also inform HHS/CDC that under introducing a quarantinable isolate in the United States as an normal circumstances, many would be communicable disease into the United alternative to expulsion. These removed from the United States in States, then there would be a reasonable commenters noted that many persons absentia for failure to appear for ground for regarding those aliens to be trying to cross the U.S.-Mexico border immigration proceedings.177 Persons as ‘‘a danger to the security of the know people in the United States who who are unprepared to comply with United States’’ as construed by Matter of could presumably provide a place to U.S. legal processes and lack A–H. See Notice of Proposed self-quarantine or self-isolate. Some transportation and a permanent U.S. Rulemaking, Security Bars and commenters also suggested that DHS residence would likely encounter Processing, 85 FR 41,201, 41,208–41,210 could parole asylum-seekers into the difficulties complying with conditional (July 9, 2020). As the ongoing COVID– United States to await their asylum release orders or self-quarantine or self- 19 pandemic has shown, the entry and proceedings in U.S. immigration courts. isolation protocols. For such orders or spread of communicable disease from Response: To the extent the abroad can threaten the lives of the U.S. commenters maintain that HHS/CDC 177 In fiscal year 2019, out of 181,876 initial case population and inflict grievous harm on can never lawfully prohibit the completions for aliens who are not UACs, 82,753 the national economy. introduction of persons into the United aliens (45%) were ordered removed in absentia. In the first two quarters of fiscal year 2020, out of In addition, this final rule would States through the expulsion of persons, 154,744 initial case completions for aliens who are allow for the Director to address any HHS/CDC respectfully disagrees with not UACs, 81,330 aliens (53%) were ordered additional humanitarian concerns, if the comments. As previously discussed, removed in absentia.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56453

protocols to be effective, persons who predated the COVID–19 pandemic. The operations during the COVID–19 HHS/CDC temporarily apprehends and study focused on the condition of aliens pandemic, and the needs of the then conditionally releases with subject to ‘‘the Migrant Protection domestic population—when issuing and orders—or, alternatively, persons to Protocols (MPP), also known as the continuing its Order on covered aliens whom HHS/CDC recommends self- ‘Remain in Mexico’ policy.’’ Id. at 3. pursuant to the IFR. HHS/CDC quarantine or self-isolation—must be USIPC did not look at whether the maintains that its implementation of a able to travel to suitable quarantine or family or close friends had personal self-quarantine or self-isolation protocol isolation locations, and then quarantine residences and, if so, whether they for covered aliens would consume or isolate for the time period prescribed would make them available as self- undue HHS/CDC and CBP resources or recommended by HHS/CDC. Many quarantine or self-isolation locations. without averting the serious danger of covered aliens subject to the CDC Order Nor did USIPC look at whether the introduction of COVID–19 into CBP on covered aliens would have to residences were suitable for self- facilities. Expulsion is a more effective overcome significant hurdles to meet quarantine or self-isolation in public health measure for CBP facilities those basic requirements. compliance with HHS/CDC that preserves finite HHS/CDC resources Moreover, implementation of guidelines.181 for other public health operations. conditional release orders for covered Even if HHS/CDC were to assume that aliens would divert substantial HHS/ many covered aliens have family or Section 71.40(b), Definitions Used in CDC resources away from existing close friends in the United States, that This Section public health operations during the fact alone would not control HHS/CDC’s Comment: Some commenters stated COVID–19 pandemic. HHS/CDC public health analysis. HHS/CDC has that section 362 of the PHS Act presently operates quarantine stations at weighed many considerations— authorizes the Secretary to stop the risk 20 ports of entry and land-border including the epidemiology of COVID– of introduction of a disease into the crossings, only four of which are at a 19, the structural and operational United States, and the IFR unlawfully border with Canada or Mexico.178 To limitations of CBP facilities, the extends the Secretary’s authority to implement conditional release orders available HHS/CDC and CBP resources, situations where a disease is already in for covered aliens, HHS/CDC would the requirements of other public health the United States. have to open and operate new Response: HHS/CDC respectfully quarantine stations at numerous Border Immigration Policy Ctr., UC San Diego, https:// disagrees for the reasons stated in Patrol stations and POEs, surge usipc.ucsd.edu/ (last visited Sep.1, 2020). The Section IV.B of this final rule. USIPC website encourages readers to ‘‘[v]isit UC Comment: Some commenters stated technical support to CBP at the same San Diego’s Coronavirus portal for the latest locations, or do some combination of information on the campus community.’’ Id. On the that HHS/CDC’s inclusion of aircraft in both. HHS/CDC would also have to portal, UC San Diego informs students, faculty, and its definition of ‘‘place’’ exceeds the monitor the health of tens of thousands staff that for Fall 2020, in-person class size ‘‘is CDC’s limited statutory authority and limited to fewer than 50 students per class, or 25% would allow the Director to suspend the of covered aliens introduced into the of classroom capacity, whichever is smaller.’’ United States, and alert public health Return to Learn: Fall 2020 Plan, UC San Diego, introduction of persons, not because of departments about any health issues https://returntolearn.ucsd.edu/return-to-campus/ the serious danger of the introduction of that need follow-up.179 HHS/CDC does fall-2020-lan/index.html (last visited Sep. 1, 2020). a quarantinable communicable disease UC San Diego further states that ‘‘[i]f a student is from a foreign country into the United not have resources and personnel coming to campus from an international location, available to execute those additional CDC guidelines recommend a 14-day quarantine States, but because of the existence of a functions; HHS/CDC would have to period. Students with a housing contract can quarantinable communicable disease reallocate personnel from existing complete the quarantine period in specially onboard an aircraft. designated on-campus housing . . . .’’ Id. Response: HHS/CDC respectfully quarantine operations, which would (emphasis added). The USIPC website suggests that jeopardize the effectiveness of those USIPC defers to UC San Diego on public health disagrees with this comment. To operations, endanger public health, and issues, and that UC San Diego generally follows prevent the introduction of a impose additional costs on U.S. CDC guidance when addressing such issues. quarantinable communicable disease, 181 Persons who self-isolate should stay home the Director must have the authority to taxpayers. except to get medical care. When at home, they Several commenters asserted that should stay in a separate room from other prohibit the introduction of persons HHS/CDC should nevertheless allow household members, if possible; use a separate from a foreign country or place, as well covered aliens to self-quarantine or self- bathroom, if possible; avoid contact with other as any carriers carrying those persons. members of the household and pets; and avoid Comment: A number of commenters isolate because the U.S. Immigration sharing personal household items, like cups, towels Policy Center (USIPC) interviewed 607 and utensils. Coronavirus Disease 2019 (COVID– expressed the view that the IFR fails to asylum seekers in 2019, and 91.9% of 19), What to Do If You Are Sick, Ctrs. for Disease give meaning to the phrase ‘‘serious them reported having family or close Control & Prevention, https://www.cdc.gov/ danger’’ from section 362 of the PHS coronavirus/2019-ncov/if-you-are-sick/steps-when- Act, as the IFR defines ‘‘serious danger friends living in the United States. Tom sick.html (last updated May 8, 2020). Persons who K. Wong, Seeking Asylum: Part 2 (Oct. self-quarantine should stay at home for 14 days of the introduction of such 29, 2019). USIPC, however, is not a after their last contact with a person who has communicable disease into the United public health agency,180 and its study COVID–19, watch for symptoms of COVID–19, and, States’’ to mean ‘‘the potential for if possible, stay away from others, especially people introduction of vectors of the who are at higher risk for getting very sick from 178 Quarantine and Isolation: U.S. Quarantine COVID–19. Coronavirus Disease 2019 (COVID–19), communicable disease into the United Stations, Ctrs. for Disease Control & Prevention, When to Quarantine, Ctrs. for Disease Control & States.’’ https://www.cdc.gov/quarantine/quarantine- Prevention, https://www.cdc.gov/coronavirus/2019- Response: The final rule defines stations-us.html (last updated July 24, 2020) (Those ncov/if-you-are-sick/quarantine.html (last updated ‘‘serious danger of the introduction of quarantine stations are in Detroit, MI; El Paso, TX; Aug. 16, 2020). When at home, persons in self- San Diego, CA; and Seattle, WA). quarantine should stay at least 6 feet from other such quarantinable communicable 179 Id. people, and clean and disinfect frequently touched disease into the United States’’ to mean 180 USIPC is a part of the University of California objects and surfaces, among other things. the probable introduction of one or San Diego (UC San Diego) that ‘‘brings together Coronavirus Disease 2019 (COVID–19), Household more persons capable of transmitting leading academics, policy analysts, immigrant- Checklist, Ctrs. for Disease Control & Prevention, rights leaders, and policymakers across all levels of https://www.cdc.gov/coronavirus/2019-ncov/daily- the quarantinable communicable government to conceptualize, debate, and design a life-coping/checklist-household-ready.html (last disease into the United States, even if new U.S. immigration policy agenda . . . .’’ U.S. updated June 13, 2020). persons or property in the United States

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56454 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

are already infected or contaminated scientific and technical expertise reasons explained in the section of this with the quarantinable communicable required to determine whether the final rule entitled ‘‘Provisions of New disease. This regulatory definition existence of a quarantinable Section 71.40,’’ to incorporate a clarifies that, even if persons or property communicable disease in a foreign modified version of this requirement in in the United States are already infected country or place poses a serious danger the final rule. Accordingly, section or contaminated with a quarantinable to the United States, whether that 71.40(c) of the final rule requires that, communicable disease, the introduction serious danger is increased by the in any order issued pursuant to this of one or more additional persons introduction of persons from such final rule, the Director shall include a capable of disease transmission in the country, and whether a prohibition on statement describing the danger posed same or different localities can the introduction of such persons should by the quarantinable communicable nevertheless present a serious danger of be imposed or continued. disease in the foreign country or the introduction of the disease into the By contrast, the mission of the HHS countries (or one or more designated United States. Additionally, this Office of the Inspector General (OIG) ‘‘is political subdivisions or regions thereof) regulatory definition clarifies that the to provide objective oversight to or places from which the introduction of danger of introduction becomes serious promote the economy, efficiency, persons is being suspended. Also, this when one or more additional persons effectiveness, and integrity of HHS final rule applies to quarantinable capable of disease transmission would programs, as well as the health and communicable diseases broadly, not just more likely than not be introduced into welfare of the people they serve.’’ 183 to COVID–19. So section 71.40(c) the United States. Section IV.B.3 further OIG conducts and supervises audits and requires that the statement describe the explains why this definition comports investigations relating to certain danger posed by the quarantinable with the statute. programs and operations and provides a communicable disease that led the means for keeping the Secretary and Director to invoke the section 362 Section 71.40(c), Director’s Terms of the Congress informed of problems and authority. Suspension deficiencies relating to the Comment: A number of commenters administration of HHS programs. See 5 Section 71.40(d), Persons To Whom This recommended that the CDC self-impose U.S.C. 2, 4. OIG does not have the Section Applies a required expiration for each order, or statutory authority or scientific or Comment: A number of commenters alternatively a short-interval and technical expertise required to make stated that previous efforts to prevent recurrent review of the Director’s public health judgments about the the introduction of persons with active determinations and orders under the imposing or continuing of prohibitions contagious diseases from entering the IFR, with such objective review on the introduction of persons. U.S. have been based on an examination conducted by an agency inspector Additionally, the Director may not of the person, not on the person’s general or Federal third-party agency. subdelegate statutory authority under membership in a particular group. Response: HHS/CDC agrees that section 362 to another Federal Response: These comments are recurrent HHS/CDC review of CDC department. Federal officials may directed to the CDC Order on covered Orders is good policy. The CDC Order subdelegate their authority to aliens issued pursuant to the IFR, and on covered aliens issued and continued subordinates absent evidence of not to the IFR or this final rule. No pursuant to the IFR have undergone contrary Congressional intent, but they action can or will be taken under this recurrent review. Section 71.40(c) of may not subdelegate to other final rule absent an order issued by the this final rule provides that any order departments absent express statutory Director. To the extent these comments issued pursuant to this final rule shall authority to do so. See U.S. Telecom are directed to this final rule, HHS/CDC designate the ‘‘period of time or Ass’n v. FCC, 359 F.3d 554, 566 (D.C. respectfully disagrees with them. Like circumstances under which the Cir. 2004); Gentiva Healthcare Corp. v. the IFR, this final rule sets forth facially introduction of any persons or class of Sebelius, 857 F. Supp. 2d 1, 7 (D.D.C. neutral procedures for the exercise of persons into the United States shall be 2012). The Director does not have the 362 authority by the Director. The suspended.’’ It would be unwise to state express statutory authority to procedures do not turn on whether a a specific time period in this final rule subdelegate statutory authority under person is a member of a particular because the epidemiology of section 362 to another Federal group. quarantinable communicable diseases department. Moreover, the CDC Order on covered varies. Comment: A number of commenters aliens issued pursuant to the IFR HHS/CDC respectfully disagrees with recommended that the Department add prohibits introduction of covered aliens the comment calling for ‘‘objective a fourth requirement to the components traveling from Canada or Mexico, review conducted by an agency of a CDC Order: A statement of the regardless of their national origin, who inspector general or Federal third-party evidence of the quarantinable would otherwise be introduced into the agency.’’ The Secretary delegated his or communicable disease threat in the United States. Covered aliens are those her statutory authority under section foreign countries (or one or more who lack valid travel documents and 362 to the CDC Director, which was designated political subdivisions or would otherwise spend material proper. HHS/CDC is best positioned to regions thereof) or places from which amounts of time in congregate areas. review the necessity of its own orders. the introduction of persons is being The CDC Order on covered aliens does Moreover, HHS/CDC’s core mission is to suspended, on which the CDC Director not prohibit the introduction of persons develop and apply disease prevention relies in issuing such order. into the United States based on factors and control strategies to improve the Response: HHS/CDC has considered such as race, color, religion, national health of all Americans while it also this comment and decided, for the origin, sex, age, or disability. Also, the works to ensure domestic preparedness, CDC Order on covered aliens, as organization/cio-orgcharts/pdfs/CDCfs-508.pdf (last implemented by DHS, provides for eliminate disease, and end visited Sep. 1, 2020). 182 discretionary, individualized exceptions epidemics. HHS/CDC has the 183 About OIG, U.S. Dep’t. of Health & Human Serv.’s Off. of the Inspector Gen., https:// from the prohibition on introduction. 182 Mission Statement, Ctrs. for Disease Control & oig.hhs.gov/about-oig/about-us/index.asp (last Comment: Some commenters stated Prevention, https://www.cdc.gov/about/ visited Sep. 1, 2020). that HHS/CDC should clarify that the

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56455

rule applies to persons, regardless of Response: HHS/CDC has considered the Director has no present intention of nationality, if they have travelled from this comment and appreciates the prohibiting the introduction of U.S. designated countries. concerns raised. Nevertheless, HHS/ citizens, U.S. nationals or LPRs into the Response: HHS/CDC believes that the CDC does not believe it is necessary to United States as part of the response to final rule’s language that it applies to create express regulatory exclusions for the COVID–19 pandemic. Further notice those ‘‘from designated foreign mariners and airline crews. Any order and comment rulemaking on any countries’’ states in plain language that issued pursuant to this final rule would proposed regulatory text that would the prohibition of introduction of be tailored by the Director to what apply outside the COVID–19 context persons is based on the country a person public health requires and, to the would be in the public interest. is travelling from, and not their greatest extent possible, adhere to U.S. VII. Regulatory Impact Analysis nationality. federal policy of facilitating the critical Section 71.40(f), Exception for U.S. work of mariners and aircrew. If public A. Unfunded Mandates Reform Act Citizens, U.S. Nationals, and Lawful health measures such as quarantine, Section 202 of the Unfunded Permanent Residents isolation, conditional release, or social Mandates Reform Act of 1995 distancing are adequate to protect (Unfunded Mandates Act) (2 U.S.C. Comment: Some commenters public health, then HHS/CDC would indicated that this final rule should also 1532) requires that covered agencies take those measures and not suspend prepare a budgetary impact statement apply to U.S. citizens and LPRs who the introduction of such persons. may be introduced into the United before promulgating a rule that includes States during the COVID–19 pandemic. VI. Alternatives Considered any Federal mandate that may result in the expenditure by State, local, and Some commenters further asserted that HHS/CDC has considered a number of tribal governments, in the aggregate, or the issuance of a rule that applies to alternatives to the final rule. One by the private sector, of $100 million in some aliens, but not all persons, may be alternative that HHS/CDC has 1995 dollars, updated annually for unconstitutional. considered is rescinding the IFR and the inflation. Currently, that threshold is Response: The Director has no present CDC Order on covered aliens issued approximately $154 million. If a intention to apply the section 362 pursuant to the IFR, and foregoing the budgetary impact statement is required, authority to U.S. citizens, U.S. issuance of this final rule. HHS/CDC has section 205 of the Unfunded Mandates nationals, or LPRs in connection with ruled out that alternative because there Act also requires covered agencies to the COVID–19 pandemic (indeed, the is still a serious danger of introduction identify and consider a reasonable Director has never intended to do so). of COVID–19 into the United States number of regulatory alternatives before This is partly because U.S. citizens, U.S. from Canada and Mexico, and the promulgating a rule. HHS/CDC has nationals, and LPRs generally present to public health situation in Mexico determined that this final rule is not POEs with valid travel documents, and remains tenuous. As noted above, expected to result in expenditures by do not spend material amounts of time quarantine, isolation, and conditional state, local, and tribal governments, or in congregate settings in such facilities. release are still not workable options on by the private sector, of $154 million or Because U.S. citizens, U.S. nationals, the scale that would be needed for more in any one year because it only and LPRs spend less time in congregate protecting U.S. public health from the establishes a regulatory mechanism for settings than covered aliens subject to introduction of COVID–19; Federal the exercise of the PHS Act section 362 the CDC Order on covered aliens issued quarantine and isolation of covered suspension authority, which applies pursuant to the IFR, they present lower aliens would be impracticable, and primarily against persons and not state, public health risks in those settings. covered aliens as a population are not local, or tribal governments. Given the complex and important a good fit for public health measures Accordingly, HHS/CDC has not legal and policy questions presented by such as conditional release and prepared a budgetary impact statement the potential application of section 362 recommendations to self-quarantine or or specifically addressed the regulatory to U.S. citizens, U.S. nationals, and self-isolate. The rescission of the IFR alternatives considered. LPRs, HHS/CDC has determined that it would result in tens of thousands of would be in the public interest to covered aliens entering congregate B. National Environmental Policy Act provide notice of, and accept comments settings each month, which would put (NEPA) on, any regulatory text that HHS/CDC the health of the DHS workforce and the HHS has determined that the would propose to apply to U.S. citizens, domestic U.S. population at greater risk, amendments to 42 CFR part 71 will not U.S. nationals, and LPRs in other likely increase community transmission have a significant impact on the contexts. Further notice and comment of COVID–19 and new COVID–19 cases environment. would enable HHS/CDC to provide the in the States in the U.S.-Mexico border public with a more fulsome explanation region, and strain the capacity of U.S. C. Executive Order 12988: Civil Justice of the potential public health threats health-care systems. There are good Reform and policy rationales that support the reasons to issue this final rule, HHS has reviewed this rule under regulatory text without jeopardizing the especially when the efforts of the Executive Order 12988 on Civil Justice ability of HHS/CDC to protect U.S. domestic population to avoid congregate Reform and has determined that this public health from COVID–19 in the settings are considered. The rescission final rule meets the standard in the immediate future. of the IFR and CDC Order would Executive Order. HHS/CDC maintains that its approach undercut those efforts, which the in this final rule is rational and domestic population has undertaken at D. Executive Order 13132: Federalism constitutional. great personal sacrifice. This final rule has been reviewed Comment: Some commenters stated HHS/CDC also considered and under Executive Order 13132, that mariners and airline crews should declined to include procedures in this Federalism. Under 42 U.S.C. 264(e), be excluded from this rule because final rule that apply to U.S. citizens, Federal public health regulations do not prohibiting them from being introduced U.S. nationals, and LPRs. Such preempt State or local public health into the U.S. could cause serious procedures present complex and regulations, except in the event of a logistical and safety issues. important legal and policy issues, and conflict with the exercise of Federal

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56456 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

authority. Other than to restate this annualized effect on the economy of Because this final rule is not a ‘‘major statutory provision, this rulemaking $100,000,000 or more for two reasons. rule’’ under the CRA, only the APA does not alter the relationship between First, the CDC Order on covered aliens governs the effective date of this final the Federal government and State/local has no direct economic effect. It applies rule. The APA provides that the governments as set forth in 42 U.S.C. only to individual persons, and not to publication of a substantive rule shall be 264. The longstanding provision on commercial entities such as carriers; made not less than 30 days before its preemption in the event of a conflict restrictions on commercial and effective date, except ‘‘as otherwise with Federal authority (42 CFR 70.2) is passenger carriers have been imposed provided by the agency for good cause left unchanged by this rulemaking. by DHS and HHS/CDC under different found and published with the rule.’’ 5 Furthermore, there are no provisions in authorities. Second, any indirect U.S.C. 553(d)(3). This final rule shall this regulation that impose direct economic effect is unlikely to equal or become effective 30 days from its compliance costs on State and local exceed $100,000,000 annualized. The publication in the Federal Register governments. Therefore, HHS/CDC only potential indirect economic effect unless the IFR ceases to be in effect (for believes that the final rule does not identified by HHS/CDC is a reduction in example, if it is vacated or enjoined by warrant additional analysis under the utilization of the U.S. health care a court) before that time, in which case Executive Order 13132. system by covered aliens. While that this final rule shall become effective reduction helps protect U.S. public E. Plain Language Act of 2010 immediately for good cause. There health by lessening the strain on the would be good cause because, as Under the Plain Language Act of 2010 U.S. health care system, and preserving discussed in earlier sections of this final (Pub. L. 111–274, October 13, 2010, 124 finite health care resources for the rule, the procedures established by the Stat. 2861), executive departments and domestic population, HHS/CDC’s IFR and this final rule are critical to agencies are required to use plain analysis has determined that the dollar HHS/CDC’s ability to mitigate the language in documents that explain to value of the reduced utilization of the serious danger of the introduction of the public how to comply with a U.S. health care system is unlikely to COVID–19 into the United States, and requirement the Federal government equal or exceed $100,000,000 thereby protect U.S. public health. administers or enforces. HHS/CDC has annualized. As discussed previously in this final attempted to use plain language in This year should serve as a rule, the Director assesses that the CDC promulgating this final rule, consistent benchmark for any future years in Order on covered aliens is benefitting with the Federal Plain Writing Act which the Director might find it U.S. public health in several ways. The guidelines. necessary in the interest of public health Director assesses that the CDC Order is: to prohibit the introduction of persons F. Congressional Review Act and Reducing the danger of the introduction from foreign countries into the United Administrative Procedure Act of COVID–19 into CBP facilities, which States. The COVID–19 pandemic is a protects both the DHS workforce and The Congressional Review Act (CRA) once-in-a-generation public health migrants from COVID–19; reducing the defines a ‘‘major rule’’ as ‘‘any rule that emergency and, as discussed previously, strain on the health-care system in the the Administrator of the Office of the Federal government has mitigated U.S.-Mexico border region by decreasing Information and Regulatory Affairs the serious danger of the introduction of utilization by covered aliens, which (OIRA) of the Office of Management and COVID–19 into the United States conserves health-care resources for the Budget finds has resulted in or is likely through a wide array of measures. The to result in—(A) an annual effect on the Director’s exercise of his authority domestic population; and helping to economy of $100,000,000 or more; (B) a under section 362 of the PHS Act slow the community transmission of major increase in costs or prices for through issuance of the CDC Order on COVID–19 and the number of new consumers, individual industries, covered aliens is just one of those COVID–19 cases in the States in the Federal, State, or local government measures. Others include the INA U.S.-Mexico border region, which helps agencies, or geographic regions; or (C) section 212(f) proclamations; protect the domestic population from significant adverse effects on quarantine, isolation, and conditional COVID–19. These benefits to U.S. public competition, employment, investment, release; the CDC No Sail Order for health would be lost immediately if the productivity, innovation, or on the cruise ships; and travel restrictions at IFR and, by extension, the CDC Order ability of United States-based land POEs along the U.S.-Canada and on covered aliens ceased to be effective. enterprises to compete with foreign- U.S.-Mexico borders. If the Director’s Of course, there would probably be based enterprises in domestic and exercise of his authority under section secondary effects on U.S. public health export markets.’’ 5 U.S.C. 804(2). 362 of the PHS Act is unlikely to have and safety. As previously discussed in OIRA has determined that this final an annual economic effect of this final rule, the Director has assessed rule is not a ‘‘major rule’’ for purposes $100,000,000 during the COVID–19 that the numbers of CBP employees who of the CRA. The actual experience of pandemic, then it follows that any test positive for COVID–19 or enter HHS/CDC with the IFR and the CDC future exercise of the section 362 quarantine would probably be larger Order on covered aliens informs the authority pursuant to this final rule is absent the CDC Order, and CBP has CRA analysis. The IFR, like this final unlikely to have an annual effect on the informed HHS/CDC that further rule, establishes procedures by which economy of $100,000,000 or more. degradation of its workforce in the the Director can issue an administrative The other tests for a ‘‘major rule’’ are Laredo Sector due to COVID–19 would order implementing section 362 of the not met. This final rule is procedural in jeopardize CBP’s ability to execute its PHS Act. Neither the IFR nor this final nature. It does not impose any cost or public safety mission. Thus, one likely rule can have any economic effect price increases, or have any significant secondary effect would be further absent an administrative order. adverse effects on competition, degradation of the CBP workforce due to So far, the only administrative order employment, investment, productivity, COVID–19 and, according to CBP, a that the Director has determined is innovation, or on the ability of United corresponding reduction in public necessary in the interest of public health States-based enterprises to compete safety in the Laredo Sector. Similar is the CDC Order on covered aliens. with foreign-based enterprises in effects would be possible in other That Order is unlikely to have an domestic and export markets. sectors.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56457

States in the U.S-Mexico border HHS/CDC’s ability to protect U.S. public safety effects; distributive impacts; and region would probably also experience health from COVID–19 and other equity). Executive Order 13563 secondary effects. As previously quarantinable communicable diseases. emphasizes the importance of discussed in this final rule, the Director As a result, there would be good cause quantifying both costs and benefits, has assessed that increased community for this final rule to become effective reducing costs, harmonizing rules, and transmission in California and Arizona immediately in the event that the IFR promoting flexibility. Section 3(f) of would likely result in increased ceases to be in effect. Executive Order 12866 defines a numbers of cases, as well as increased There would be no prejudice to the ‘‘significant regulatory action’’ as an case and positivity rates, and ultimately public if the final rule became effective action that is likely to result in a increased numbers of individuals who immediately. The final rule, like the regulation (1) having an annual effect on have serious outcomes. Increases in case IFR, permits the Director to prohibit the the economy of $100 million or more in and positivity rates would, in turn, introduction into the United States of any one year, or adversely and frustrate efforts in those States to step persons from designated foreign materially affecting a sector of the down to lower tiers in the reopening countries (or one or more political economy, productivity, competition, guidelines. The Director has further subdivisions or regions thereof) or jobs, the environment, public health or assessed that the introduction of places, only for such period of time that safety, or State, local, or tribal covered aliens into California and the Director deems necessary to avert governments or communities (also Arizona through congregate settings in the serious danger of the introduction of referred to as ‘‘economically CBP facilities would likely have a a communicable disease, by issuing an significant’’); (2) creating a serious negative impact on case and positivity order in which the Director determines inconsistency or otherwise interfering rates in California and Arizona, which that: with an action taken or planned by would not be in the interest of U.S. (1) By reason of the existence of any another agency; (3) materially altering public health. Similar secondary effects quarantinable communicable disease in the budgetary impacts of entitlement would be possible in other States in the a foreign country (or one or more grants, user fees, or loan programs or the U.S.-Mexico border region such as political subdivisions or regions thereof) rights and obligations of recipients Texas. or place there is serious danger of the thereof; or (4) raising novel legal or It is also foreseeable that the Federal introduction of such quarantinable policy issues arising out of legal government might have to address communicable disease into the United mandates, the President’s priorities, or secondary effects in ICE facilities or States; and the principles set forth in the Executive (2) This danger is so increased by the ORR shelters for migrants. If, for Order. This final rule is not introduction of persons from such example, the numbers of migrants economically significant for the country (or one or more political entering those facilities were to purposes of Executive Orders 12866 and subdivisions or regions thereof) or place increase, then the Federal government 13563 for the same reasons that it is not that a suspension of the right to would have to attempt to manage the a major rule for purposes of the CRA. introduce such persons into the United intake of the new migrants consistent The Office of Management and Budget States is required in the interest of with HHS/CDC infection control (OMB) has reviewed this rule. guidelines in order to help protect the public health. While the final rule mirrors the IFR at The Regulatory Flexibility Act (RFA) health of the migrants, the facility its core, the final rule is narrower than generally requires that when an agency workforces, and the U.S. domestic the IFR, clarifies aspects of the issues a proposed rule, or a final rule population. DHS and ORR report that regulatory procedures, and enhances pursuant to section 553(b) of the APA or the operationalizing of such guidelines public transparency. Notably, the final another law, the agency must prepare a is more complex than their ordinary rule applies only to quarantinable regulatory flexibility analysis that meets operations. It is possible that facility communicable diseases, which are a the requirements of the RFA and censuses could reach or exceed levels subset of communicable diseases publish such analysis in the Federal that are workable under HHS/CDC specified by the President in Executive Register. 5 U.S.C. 603, 604. Specifically, infection control guidelines, in which Orders. The final rule also: aligns the the RFA normally requires agencies to case HHC/CDC may be left with no regulatory text with section 362 of the describe the impact of a rulemaking on workable options for protecting U.S. PHS Act; defines additional terms; and small entities by providing a regulatory public health. impact analysis. Such analysis must HHS/CDC does not reasonably requires the Director, when issuing an administrative order, to state both the address the consideration of regulatory anticipate factual changes in the next 30 options that would lessen the economic days that would materially affect HHS/ means by which the prohibition on introduction shall be implemented, and effect of the rule on small entities. The CDC’s good cause analysis.184 While the serious danger posed by the RFA defines a ‘‘small entity’’ as (1) a HHS/CDC modeling predicts that the introduction of the quarantinable proprietary firm meeting the size total new deaths from COVID–19 will communicable disease. These changes standards of the Small Business continue to decrease in September 2020, would be beneficial, not prejudicial, to Administration (SBA); (2) a nonprofit HHS/CDC reasonably anticipates that the public. organization that is not dominant in its community transmission and the rates field; or (3) a small government of new COVID–19 cases will remain G. Executive Orders 12866 and 13563 jurisdiction with a population of less serious concerns with respect to DHS, and Regulatory Flexibility Act than 50,000. 5 U.S.C. 601(3)–(6). Except ORR, and the States in the U.S.-Mexico Executive Orders 12866 and 13563 for such small government jurisdictions, border region. For the next 30 days, any direct agencies to assess all costs and neither State nor local governments are temporary loss of the procedures benefits of available regulatory ‘‘small entities.’’ Similarly, for purposes established by the IFR would jeopardize alternatives and, if regulation is of the RFA, persons are not small necessary, to select regulatory entities. The requirement to conduct a 184 COVID–19 Forecasts: Deaths, Ctrs. for Disease regulatory impact analysis does not Control & Prevention, https://www.cdc.gov/ approaches that maximize net benefits coronavirus/2019-ncov/covid-data/forecasting- (including potential economic, apply if the head of the agency ‘‘certifies us.html (last updated Sep. 2, 2020). environmental, and public health and that the rule will not, if promulgated,

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56458 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

have a significant economic impact on H. Assessment of Federal Regulation and loss of family members due to a substantial number of small entities.’’ and Policies on Families disease is tragic, and the burden of 5 U.S.C. 605(b). The agency must, Section 654 of the Treasury and caring for family members with serious however, publish the certification in the General Government Appropriations disease may be emotionally and Federal Register at the time of Act of 1999, Public Law 105–277, sec. financially significant. The better publication of the rule, ‘‘along with a 654, 112 Stat. 2681 (1998) requires approach overall for protecting family statement providing the factual basis for Federal departments and agencies to well-being is to reduce the danger of such certification.’’ Id. If the agency determine whether a policy or quarantinable communicable diseases, head has not waived the requirements regulation could affect family well- notwithstanding any temporary deferral for a regulatory flexibility analysis in being. HHS/CDC conducts such an of visitation. accordance with the RFA’s waiver analysis below and certifies the same. I. Paperwork Reduction Act of 1995 provision, and no other RFA exception Section 601 (note) required agencies In accordance with the Paperwork applies, the agency must prepare the to assess whether a regulatory action (1) Reduction Act of 1995 (44 U.S.C. 3506; regulatory flexibility analysis and impacted the stability or safety of the 5 CFR 1320 Appendix A.1), HHS has publish it in the Federal Register at the family, particularly in terms of marital reviewed this final rule and has time of promulgation or, if the rule is commitment; (2) impacted the authority determined that there are no new promulgated in response to an of parents in the education, nurturing, collections of information contained emergency that makes timely and supervision of their children; (3) therein. compliance impracticable, within 180 helped the family perform its functions; days of publication of the final rule. 5 (4) affected disposable income or J. Regulatory Reform Analysis Under U.S.C. 604(a), 608(b). poverty of families and children; (5) was Executive Order 13771 justified if it financially impacted Executive Order 13771, titled HHS/CDC certifies that this final rule families; (6) was carried out by State or will not have a significant economic ‘‘Reducing Regulation and Controlling local government or by the family; and Regulatory Costs,’’ was issued on impact on a substantial number of small (7) established a policy concerning the January 30, 2017, and requires that the entities. This final rule establishes a relationship between the behavior and costs associated with significant new regulatory procedure by which the personal responsibility of youth and the regulations ‘‘shall, to the extent Director may exercise the section 362 norms of society. permitted by law, be offset by the authority through issuance of an This final rule establishes the process elimination of existing costs associated administrative order. Without an by which the Director may issue with at least two prior regulations.’’ administrative order, this final rule can administrative orders suspending the OMB’s Guidance Implementing have no economic impact. introduction of persons. Standing alone, Executive Order 13771, Titled HHS/CDC may use the procedures without an administrative order from ‘‘Reducing Regulation and Controlling created by this final rule to issue the Director, it has no direct impact on Regulatory Costs,’’ issued on April 5, administrative orders against individual family well-being based on any of the 2017, (https://www.whitehouse.gov/ persons. In addition, HHS/CDC may use factors listed above. If the family well- sites/whitehouse.gov/files/omb/ the procedures created by this final rule being determination requirement were memoranda/2017/M-17-21-OMB.pdf), to issue administrative orders against still in force, an assessment of the explains that ‘‘E.O. 13771 deregulatory carriers of persons, such as cruise ships impact of this final rule on family well- actions are not limited to those defined or airlines. HHS/CDC, however, does being would not be required. as significant under E.O. 12866 or The current CDC Order on covered not reasonably contemplate issuing OMB’s Final Bulletin on Good Guidance aliens does not implicate factors (2) administrative orders against carriers of Practices.’’ It has been determined that through (7) listed above. HHS/CDC, persons that are small entities for two this proposed rule imposes no more however, recognizes that the current reasons. First, small entities are by their than de minimis costs, and therefore is CDC Order on covered aliens, and future nature less likely than large entities to not considered a regulatory action under orders by the Director, could potentially Executive Order 13771. transport large numbers of persons in impact family stability under factor (1). congregate settings. Second, based on This is because such orders temporarily List of Subjects in 42 CFR Part 71 experience, HHS/CDC reasonably prevent persons from introducing Apprehension, Communicable contemplates mitigating the public themselves into the United States and, diseases, Conditional release, CDC, Ill health risks presented by carriers that as a consequence, may prevent the person, Isolation, Non-invasive, Public are small entities through less sweeping persons from seeing family members in health emergency, Public health public health measures, such as the United States. Any such impact on prevention measures, Qualifying stage, quarantine, isolation, and conditional family well-being would last for the Quarantine, Quarantinable release, or no-sail orders issued under duration of the order. communicable disease. other procedures, or no-fly lists of In the judgment of HHS/CDC, the For the reasons set forth in the passengers. HHS/CDC reasonably benefits to U.S. public health that flow preamble, 42 CFR part 71 is amended as contemplates that any administrative from preventing the introduction of follows: orders against carriers would be rare, quarantinable communicable diseases and would be limited to large entities into the United States far outweigh any PART 71—FOREIGN QUARANTINE transporting large numbers of persons in impact on family well-being that might congregate settings. Accordingly, HHS/ result from deferred visitation of family ■ 1. The authority citation for part 71 CDC certifies that this final rule will not members in the United States. Families continues to read as follows: have a significant economic impact on benefit greatly when family members— Authority: Secs. 215 and 311 of the Public a substantial number of small entities particularly seniors and other members Health Service (PHS) Act, as amended (42 when considered together with any of vulnerable populations—are healthy U.S.C. 216, 243); secs. 361–369, PHS Act, as administrative order that HHS/CDC and safe from quarantinable amended (42 U.S.C. 264–272). could conceivably issue in the future. communicable diseases. The suffering ■ 2. Revise § 71.40 to read as follows

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations 56459

§ 71.40 Suspension of the right to disease into the United States means the practicable after issuing his or her order, introduce and prohibition of the probable introduction of one or more and may then modify the order as he or introduction of persons into the United persons capable of transmitting the she determines appropriate. In addition, States from designated foreign countries or quarantinable communicable disease the Director may, as practicable under places for public health purposes. into the United States, even if persons the circumstances, consult with any (a) The Director may prohibit, in or property in the United States are State or local authorities that he or she whole or in part, the introduction into already infected or contaminated with deems appropriate in his or her the United States of persons from the quarantinable communicable discretion. designated foreign countries (or one or disease; (1) If the order will be implemented more political subdivisions or regions (4) The term Place includes any in whole or in part by State and local thereof) or places, only for such period location specified by the Director, authorities who have agreed to do so of time that the Director deems including any carrier, as that term is under 42 U.S.C. 243(a), then the necessary to avert the serious danger of defined in 42 CFR 71.1, whatever the Director shall explain in the order the the introduction of a quarantinable carrier’s flag, registry, or country of procedures and standards by which communicable disease, by issuing an origin; and those authorities are expected to aid in order in which the Director determines (5) Suspension of the right to the enforcement of the order. that: introduce means to cause the temporary (2) If the order will be implemented (1) By reason of the existence of any cessation of the effect of any law, rule, in whole or in part by designated quarantinable communicable disease in decree, or order pursuant to which a customs officers (including any a foreign country (or one or more person might otherwise have the right to individual designated by the political subdivisions or regions thereof) be introduced or seek introduction into Department of Homeland Security to or place there is serious danger of the the United States. perform the duties of a customs officer) introduction of such quarantinable (c) Any order issued by the Director or Coast Guard officers under 42 U.S.C. communicable disease into the United under this section shall include a 268(b), or another Federal department or States; and statement of the following: (2) This danger is so increased by the agency, then the Director shall, in (1) The foreign countries (or one or coordination with the Secretary of introduction of persons from such more political subdivisions or regions country (or one or more political Homeland Security or other applicable thereof) or places from which the Federal department or agency head, subdivisions or regions thereof) or place introduction of persons shall be that a suspension of the right to explain in the order the procedures and prohibited; standards by which any authorities or introduce such persons into the United (2) The period of time or States is required in the interest of officers or agents are expected to aid in circumstances under which the the enforcement of the order, to the public health. introduction of any persons or class of (b) For purposes of this section: extent that they are permitted to do so persons into the United States shall be under their existing legal authorities. (1) Introduction into the United States prohibited; means the movement of a person from (3) The conditions under which that (e) This section does not apply to: a foreign country (or one or more prohibition on introduction shall be (1) Members of the armed forces of the political subdivisions or regions thereof) effective in whole or in part, including United States and associated personnel or place, or series of foreign countries or any relevant exceptions that the Director if the Secretary of Defense provides places, into the United States so as to determines are appropriate; assurance to the Director that the bring the person into contact with (4) The means by which the Secretary of Defense has taken or will persons or property in the United States, prohibition shall be implemented; and take measures such as quarantine or in a manner that the Director determines (5) The serious danger posed by the isolation, or other measures maintaining to present a risk of transmission of a introduction of the quarantinable control over such individuals, to quarantinable communicable disease to communicable disease in the foreign prevent the risk of transmission of the persons, or a risk of contamination of country or countries (or one or more quarantinable communicable disease property with a quarantinable political subdivisions or regions thereof) into the United States; or communicable disease, even if the or places from which the introduction of (2) Other United States government quarantinable communicable disease persons is being prohibited. employees or contractors on orders has already been introduced, (d) When issuing any order under this abroad, or their accompanying family transmitted, or is spreading within the section, the Director shall, as practicable members who are on their orders or are United States; under the circumstances, consult with members of their household, if the (2) Prohibit, in whole or in part, the all Federal departments or agencies Director receives assurances from the introduction into the United States of whose interests would be impacted by relevant head of agency and determines persons means to prevent the the order. The Director shall, as that the head of the agency or introduction of persons into the United practicable under the circumstances, department has taken or will take, States by suspending any right to provide the Federal departments or measures such as quarantine or introduce into the United States, agencies with a copy of the order before isolation, to prevent the risk of physically stopping or restricting issuing it. In circumstances when it is transmission of a quarantinable movement into the United States, or impracticable to engage in such communicable disease into the United physically expelling from the United consultation before taking action to States. States some or all of the persons; protect the public health, the Director (f) This section shall not apply to U.S. (3) Serious danger of the introduction shall consult with the Federal citizens, U.S. nationals, and lawful of such quarantinable communicable departments or agencies as soon as permanent residents.

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER3.SGM 11SER3 56460 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Rules and Regulations

(g) Any provision of this section held invalidity or unenforceability, in which Dated: September 4, 2020. to be invalid or unenforceable by its event the provision shall be severable Alex M. Azar II, terms, or as applied to any person or from this section and shall not affect the Secretary, Department of Health and Human circumstance, shall be construed so as remainder thereof or the application of Services. to continue to give the maximum effect the provision to persons not similarly [FR Doc. 2020–20036 Filed 9–4–20; 5:15 pm] to the provision permitted by law, situated or to dissimilar circumstances. BILLING CODE 4163–18–P unless such holding shall be one of utter

VerDate Sep<11>2014 19:43 Sep 10, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 9990 E:\FR\FM\11SER3.SGM 11SER3 Vol. 85 Friday, No. 177 September 11, 2020

Part V

The President

Proclamation 10069—Labor Day, 2020

VerDate Sep<11>2014 20:33 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11SED0.SGM 11SED0 VerDate Sep<11>2014 20:33 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\11SED0.SGM 11SED0 56463

Federal Register Presidential Documents Vol. 85, No. 177

Friday, September 11, 2020

Title 3— Proclamation 10069 of September 4, 2020

The President Labor Day, 2020

By the President of the United States of America

A Proclamation On Labor Day, we recognize and celebrate the workers of our great Nation. The American workforce is the best in the world and, since day one of my Administration, I have been standing up for the American worker. As recent global challenges have tested our mettle, the dedication of our work- force has once again proven that Americans’ resolve will never be overcome. Today, we celebrate all workers, across every sector of our economy, whose efforts have never been more appreciated than in recent months. Since the founding of our Nation, American workers have deployed their talents to build beautiful cities, develop new technologies, and shape the global economy. Now, our country depends on these hardworking patriots as we continue to aggressively fight the coronavirus pandemic. In particular, we celebrate every American who has worked tirelessly to ensure we main- tain our way of life in this unprecedented time. These vital workers include medical professionals, grocery store and pharmacy clerks, farmers, meatpackers, truckers, factory workers, and the many employees who are important to the supply chain that makes essential goods and medications accessible to all Americans. Essential workers and volunteers like these and others have enabled my Administration to respond swiftly to the coronavirus pandemic and have safeguarded the prospects of countless Amer- ican businesses and the lives and personal health of millions of people. From my first day in office, my Administration has acted to foster an environment for growth, jobs, and prosperity. Having built the greatest econ- omy the world has ever seen, my Administration will do it again. We will not rest until American workers are safely back at work. In March, I signed the Coronavirus Aid, Relief, and Economic Security Act, which established the Paycheck Protection Program that gave small businesses the resources to keep their employees on payroll during the pandemic. I also issued an Executive Order continuing the work of the National Council for the American Worker, which coordinates resources across our Federal Government to ensure our Nation’s workers have the skills necessary for the jobs of the future. In addition, my Administration’s Fiscal Year 2021 Budget includes $200 million for apprenticeship programs—up $25 million from current funding levels and more than double from when I first took office—to further support and expand a highly skilled workforce that is essential for global competitiveness. Even in the face of tremendous adversity, we have set record numbers in job growth along with record low unemploy- ment—a trend that will continue with the help of millions of hardworking Americans across our country. On this Labor Day, we express our deep gratitude to workers of every generation who helped create the greatest economy in the world and the workers whose tireless efforts will ensure our country and workforce bounce back with full force as we defeat the virus. Together, we will continue the great American comeback. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 7, 2020,

VerDate Sep<11>2014 20:33 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11SED0.SGM 11SED0 56464 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Presidential Documents

as Labor Day. I call upon all public officials and people of the United States to observe this day with appropriate programs, ceremonies, and activi- ties that honor the contributions and resilience of working Americans. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of September, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty- fifth.

[FR Doc. 2020–20281 Filed 9–10–20; 11:15 am] Billing code 3295–F0–P

VerDate Sep<11>2014 20:33 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11SED0.SGM 11SED0 Trump.EPS Vol. 85 Friday, No. 177 September 11, 2020

Part VI

The President

Notice of September 10, 2020—Continuation of the National Emergency With Respect to Certain Terrorist Attacks Notice of September 10, 2020—Continuation of the National Emergency With Respect to Foreign Interference in or Undermining Public Confidence in the United States Elections

VerDate Sep<11>2014 20:33 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11SEO0.SGM 11SEO0 VerDate Sep<11>2014 20:33 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\11SEO0.SGM 11SEO0 56467

Federal Register Presidential Documents Vol. 85, No. 177

Friday, September 11, 2020

Title 3— Notice of September 10, 2020

The President Continuation of the National Emergency With Respect to Cer- tain Terrorist Attacks

Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 1622(d), I am continuing for 1 year the national emergency previously de- clared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks of September 11, 2001, and the continuing and immediate threat of further attacks on the United States. Because the terrorist threat continues, the national emergency declared on September 14, 2001, and the powers and authorities adopted to deal with that emergency must continue in effect beyond September 14, 2020. There- fore, I am continuing in effect for an additional year the national emergency declared on September 14, 2001, in response to certain terrorist attacks. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, September 10, 2020. [FR Doc. 2020–20312 Filed 9–10–20; 11:15 am] Billing code 3295–F0–P

VerDate Sep<11>2014 20:33 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11SEO0.SGM 11SEO0 Trump.EPS Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Presidential Documents 56469 Presidential Documents

Notice of September 10, 2020

Continuation of the National Emergency With Respect to For- eign Interference in or Undermining Public Confidence in the United States Elections

On September 12, 2018, by Executive Order 13848, I declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the threat of foreign interference in or undermining public confidence in United States elections. Although there has been no evidence of a foreign power altering the outcomes or vote tabulation in any United States election, foreign powers have histori- cally sought to exploit America’s free and open political system. In recent years, the proliferation of digital devices and internet-based communications has created significant vulnerabilities and magnified the scope and intensity of the threat of foreign interference. The ability of persons located, in whole or in substantial part, outside the United States to interfere in or undermine public confidence in United States elections, including through the unauthor- ized accessing of election and campaign infrastructure or the covert distribu- tion of propaganda and disinformation, continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared on September 12, 2018, must continue in effect beyond September 12, 2020. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13848 with respect to the threat of foreign interference in or undermining public confidence in United States elections.

VerDate Sep<11>2014 19:55 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\11SEO1.SGM 11SEO1 56470 Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Presidential Documents

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

THE WHITE HOUSE, September 10, 2020. [FR Doc. 2020–20315 Filed 9–10–20; 11:15 am] Billing code 3295–F0–P

VerDate Sep<11>2014 19:55 Sep 10, 2020 Jkt 250250 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\11SEO1.SGM 11SEO1 Trump.EPS i

Reader Aids Federal Register Vol. 85, No. 177 Friday, September 11, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 264...... 56338 Presidential Documents 3 CFR 287...... 56338 Executive orders and proclamations 741–6000 Proclamations: 316...... 56338 The United States Government Manual 741–6000 9705 (See Proc. 333...... 56338 10064) ...... 54877 335...... 56338 Other Services 9759 (See Proc. Electronic and on-line services (voice) 741–6020 10064) ...... 54877 10 CFR Privacy Act Compilation 741–6050 10064...... 54877 72...... 54885 10065...... 55161 10066...... 55163 Proposed Rules: ELECTRONIC RESEARCH 10067...... 55165 430...... 56185 10068...... 55167 World Wide Web 12 CFR 10069...... 56463 Full text of the daily Federal Register, CFR and other publications Administrative Orders: 624...... 54233 is located at: www.govinfo.gov. Memorandums: Proposed Rules: Federal Register information and research tools, including Public Memorandum of 22...... 54946 Inspection List and electronic text are located at: September 20, 2013 208...... 54946 www.federalregister.gov. (revoked by 339...... 54946 Memorandum of 614...... 54946, 55786 E-mail September 2, 615...... 55786 620...... 55786 FEDREGTOC (Daily Federal Register Table of Contents Electronic 2020) ...... 55585 Memorandum of 628...... 55786 Mailing List) is an open e-mail service that provides subscribers 760...... 54946 with a digital form of the Federal Register Table of Contents. The August 29, 2020...... 54883 Memorandum of digital form of the Federal Register Table of Contents includes 14 CFR HTML and PDF links to the full text of each document. September 2, 2020 ...... 55585 39 ...... 54481, 54885, 54888, To join or leave, go to https://public.govdelivery.com/accounts/ Notices: 54891, 54893, 54896, 54900, USGPOOFR/subscriber/new, enter your email address, then Notice of September 55169, 55171, 55781, 56159, follow the instructions to join, leave, or manage your 10, 2020 ...... 56467 56161 subscription. Notice of September 71 ...... 54233, 55174, 55366, PENS (Public Law Electronic Notification Service) is an e-mail 10, 2020 ...... 56469 55368, 55369, 55371 service that notifies subscribers of recently enacted laws. Space Policy 91...... 55372 Directives: 95...... 55174 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Space Policy 97...... 54902, 54909 and select Join or leave the list (or change settings); then follow Directive—5...... 56155 the instructions. Proposed Rules: 25...... 55198 7 CFR FEDREGTOC and PENS are mailing lists only. We cannot 39 ...... 54286, 54515, 55388, respond to specific inquiries. 1...... 55359 55391, 55619, 55622, 55624 Reference questions. Send questions and comments about the 905...... 55359 71 ...... 55200, 55395, 55627 Federal Register system to: [email protected] 990...... 55363 Proposed Rules: 15 CFR The Federal Register staff cannot interpret specific documents or 959...... 55388 regulations. 743...... 56294 1222...... 54945 772...... 56294 774...... 56294 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 8 CFR Proposed Rules: 17 CFR 54233–54480...... 1 1...... 56338 227...... 54483 54481–54884...... 2 103...... 55597, 56338 54885–55168...... 3 239...... 54483 204...... 56338 240...... 55082 55169–55358...... 4 207...... 56338 276...... 55155 55359–55586...... 8 208...... 56338 55587–55780...... 9 209...... 56338 18 CFR 210...... 56338 55781–56158...... 10 292...... 54638 56159–56470...... 11 212...... 56338 214...... 56338 375...... 54638 215...... 56338 Proposed Rules: 216...... 56338 37...... 55201 235...... 55597, 56338 38...... 55201 236...... 56338 240...... 56338 19 CFR 244...... 56338 360...... 56162 245...... 56338 Proposed Rules: 245a...... 56338 351...... 55801

VerDate Sep 11 2014 20:47 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\11SECU.LOC 11SECU ii Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Reader Aids

21 CFR 34 CFR 52 ...... 54947, 54952, 54954, 43 CFR 101...... 55587 600...... 54742 54960, 54961, 56193, 56196, Proposed Rules: 56198 Proposed Rules: 602...... 54742 3170...... 55940 81...... 54517 300...... 55802 668...... 54742 131...... 54967 Proposed Rules: 44 CFR 26 CFR Ch. III ...... 55802 180...... 55810 271...... 56200 64...... 55196 1...... 55185 36 CFR 282...... 56207 27 CFR Proposed Rules: 300...... 54970 47 CFR 9...... 54491 214...... 54311 Proposed Rules: 41 CFR 228...... 54311 1...... 54523 29 CFR 261...... 54311 201...... 54263 Proposed Rules: 38 CFR 49 CFR 2509...... 55219 42 CFR Proposed Rules: 543...... 55386 2510...... 54288 3...... 56189 9...... 54271 571...... 54273 2550...... 55219 71...... 56424 1244...... 54936 4022...... 55587 39 CFR 402...... 55385 Proposed Rules 403...... 55385 31 CFR 551...... 55192 571...... 55396 Proposed Rules: 410...... 54820 501...... 54911 3050...... 56192 411...... 55385 412...... 55385 50 CFR 32 CFR 40 CFR 413...... 54820 17...... 54281 143...... 56172 52 ...... 54504, 54507, 54509, 414...... 54820 600...... 56177 204...... 55783 54510, 54924 422...... 54820, 55385 622 ...... 54513, 54942, 54943, 217...... 55783 55...... 55377 423...... 54820, 55385 55592 199...... 54914 63...... 55744, 56080 460...... 55385 648...... 54514, 55595 141...... 54235 482...... 54820 660...... 55784 33 CFR 143...... 54235 483...... 54820, 55385 679...... 54285, 55595 100...... 54494 180 ...... 54259, 54927, 55193, 485...... 54820 Proposed Rules: 117...... 54496 55380 488...... 54820, 55385 17...... 54339, 55398 165 ...... 54497, 54499, 54501, 282...... 56172 493...... 54820, 55385 660...... 54529 55190 300...... 54931 Proposed Rules: 665...... 56208 Proposed Rules: Proposed Rules: Ch. I ...... 56108 679...... 55243 165...... 54946, 56186 49...... 55628 405...... 54327 680...... 55243

VerDate Sep 11 2014 20:47 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\11SECU.LOC 11SECU Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Reader Aids iii

listserv.gsa.gov/cgi-bin/ wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS Public Laws Electronic L&A=1 Notification Service Note: No public bills which (PENS) Note: This service is strictly have become law were for email notification of new received by the Office of the laws. The text of laws is not Federal Register for inclusion PENS is a free email available through this service. in today’s List of Public notification service of newly PENS cannot respond to Laws. enacted public laws. To specific inquiries sent to this Last List August 18, 2020 subscribe, go to https:// address.

VerDate Sep 11 2014 20:47 Sep 10, 2020 Jkt 247001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\11SECU.LOC 11SECU