Vol. 84 Friday, No. 169 August 30, 2019
Pages 45627–45872
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 84, No. 169
Friday, August 30, 2019
Agricultural Marketing Service Defense Acquisition Regulations System RULES NOTICES Reorganization and Transfer of Regulations, 45644–45649 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agriculture Department Defense Contractors Performing Private Security See Agricultural Marketing Service Functions Outside the United States, 45738–45739 See Forest Service Defense Federal Acquisition Regulation Supplement; See National Institute of Food and Agriculture Rights in Technical Data and Computer Software, See Rural Business-Cooperative Service 45739–45740 See Rural Utilities Service Defense Department Army Department See Army Department NOTICES See Defense Acquisition Regulations System Agency Information Collection Activities; Proposals, See Engineers Corps Submissions, and Approvals, 45738 See Navy Department NOTICES Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 45740–45741 Meetings: Environmental Impact Statements; Availability, etc.: Advisory Board on Radiation and Worker Health, Continental United States Interceptor Site, 45741–45742 National Institute for Occupational Safety and Meetings: Health, 45767–45768 Defense Advisory Committee on Investigation, Advisory Committee on Immunization Practices, 45766– Prosecution, and Defense of Sexual Assault in the 45767 Armed Forces, 45742–45743 Clinical Laboratory Improvement Advisory Committee, 45765–45766 Economic Development Administration Disease, Disability, and Injury Prevention and Control NOTICES Special Emphasis Panel, 45768 Trade Adjustment Assistance; Determinations, 45722 Coast Guard Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45783–45786 Submissions, and Approvals: Impact Evaluation to Inform the Teacher and School Commerce Department Leader Incentive Program, 45744–45745 See Economic Development Administration Program for International Student Assessment 2021 Main See Industry and Security Bureau Study Recruitment and Field Test, 45745–45746 See International Trade Administration See National Oceanic and Atmospheric Administration Energy Department See Federal Energy Regulatory Commission Committee for Purchase From People Who Are Blind or Severely Disabled Engineers Corps NOTICES NOTICES Procurement List; Additions and Deletions, 45734–45736 Draft Finding of No Significant Impact and Draft Memorandum of Agreement: Community Living Administration Arlington National Cemetery Southern Expansion Project NOTICES and Associated Roadway Realignment for the Final Agency Information Collection Activities; Proposals, Environmental Assessment, Arlington, VA, 45743– Submissions, and Approvals, 45768–45769 45744 Consumer Product Safety Commission Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Incorporation by Reference of State Plans, 45655–45658 Submissions, and Approvals: National Oil and Hazardous Substances Pollution Virginia Graeme Baker Pool and Spa Safety Act, 45736– Contingency Plan; National Priorities List: 45737 Partial Deletion of the U.S. Coast Guard (USCG) Buoy Depot of the South Weymouth Naval Air Station Corporation for National and Community Service Superfund Site, 45658–45659 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Incorporation by Reference of State Plans, 45700–45702 Submissions, and Approvals: Receipt of a Pesticide Petition Filed: Disability Accommodation Reimbursement Request Form, Residues of Pesticide Chemicals in or on Various 45737–45738 Commodities (July 2019), 45702–45703
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NOTICES Federal Highway Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Final Federal Agency Action: Disinfectants/Disinfection Byproducts, Chemical, and Alabama; I–10 Mobile River Bridge and Bayway Project, Radionuclides Rules, 45762–45763 45823–45824 Emission Guidelines for Existing Commercial and Industrial Solid Waste Incineration Units, 45763– Federal Railroad Administration 45764 RULES EPA Worker Protection Standards for Hazardous Waste System Safety Program, 45683–45686 Operations and Emergency Response, 45759–45760 NOTICES National Emission Standards for Hazardous Air Agency Information Collection Activities; Proposals, Pollutants for Miscellaneous Coating Manufacturing Submissions, and Approvals, 45824–45826 (Renewal), 45757–45758 National Emission Standards for Hazardous Air Federal Reserve System Pollutants for Stationary Combustion Turbines, NOTICES 45747–45748 Formations of, Acquisitions by, and Mergers of Bank Responsible Appliance Disposal Program, 45756–45757 Holding Companies, 45765 Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under Fish and Wildlife Service Section 112(r) of the Clean Air Act, 45758–45759 NOTICES Solid Waste Disposal Facilities and Practices, 45748– Permit Application: 45749 Endangered Species; Recovery, 45798–45799 Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Food and Drug Administration Procedures, 45760–45761 NOTICES Decision to Withdraw Proposed Determination to Restrict Determination of Regulatory Review Period for Purposes of the Use of an Area as a Disposal Site: Patent Extension: Pebble Deposit Area, Southwest Alaska, 45749–45756 BEVYXXA, 45778–45779 Environmental Impact Statements; Availability, etc.: MACI, 45776–45778 Weekly Receipts, 45760 NERLYNX, 45769–45771 Pesticide Product Registration; Applications: Guidance: New Uses, 45761–45762 Consideration of Uncertainty in Making Benefit-Risk Determinations in Medical Device Premarket Approvals, De Novo Classifications, and Federal Aviation Administration Humanitarian Device Exemptions, 45771–45773 RULES Pediatric Rare Diseases––A Collaborative Approach for Airspace Designations, 45651–45652 Drug Development Using Gaucher Disease as a Special Conditions: Model, 45769 DAHER Aerospace Model TBM700 Airplanes; Autothrust Modernizing Pharmaceutical Quality Systems; Studying System, 45649–45651 Quality Metrics and Quality Culture; Quality Metrics PROPOSED RULES Feedback Program; Reopening of Submission Period, Airworthiness Directives: 45779–45780 Airbus SAS Airplanes, 45690–45697 Request for Nominations: Fokker Services B.V. Airplanes, 45697–45699 Device Good Manufacturing Practice Advisory Committee, Medical Devices Advisory Committee, Federal Communications Commission 45773–45776 RULES Electronic Delivery of Multichannel Video Programming Forest Service Distributor Communications: NOTICES Modernization of Media Regulation Initiative, 45659– Land Management Plan: 45669 Chugach National Forest; Alaska, 45709–45710 Truth in Caller ID Rules, 45669–45678 PROPOSED RULES Geological Survey Electronic Delivery of Multichannel Video Programming NOTICES Distributor Communications: Meetings: Modernization of Media Regulation Initiative, 45703– National Earthquake Prediction Evaluation Council 45706 Federal Advisory Committee; Teleconference, 45799 NOTICES Meetings: Health and Human Services Department Broadband Deployment Advisory Committee, 45764 See Centers for Disease Control and Prevention Radio Broadcasting Services: See Community Living Administration AM or FM Proposals To Change The Community of See Food and Drug Administration License, 45764 See National Institutes of Health See Substance Abuse and Mental Health Services Administration Federal Energy Regulatory Commission NOTICES NOTICES Meetings: Combined Filings, 45746–45747 National Biodefense Science Board, 45781
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Statement of Organization, Functions, and Delegations of Labor Department Authority, 45780–45781 NOTICES Agency Information Collection Activities; Proposals, Homeland Security Department Submissions, and Approvals: See Coast Guard American Time Use Survey, 45804–45805 See U.S. Customs and Border Protection Standard Job Corps Contractor and Grantee Information RULES Gathering, 45805–45806 Privacy Act: Implementation of Exemptions: Transmittal for Unemployment Insurance Materials, Department of Homeland Security U.S. Immigration and 45803–45804 Customs Enforcement—016 FALCON Search and Analysis System of Records, 45641–45644 NOTICES Land Management Bureau Determination Pursuant to the Illegal Immigration Reform NOTICES and Immigrant Responsibility Act of 1996, 45787– Environmental Impact Statements; Availability, etc.: 45789 Alaska, 45799–45800 Willow Master Development Plan; Alaska, 45801 Housing and Urban Development Department Meetings: NOTICES Utah Resource Advisory Council, Utah, 45800–45801 Agency Information Collection Activities; Proposals, Realty Action: Submissions, and Approvals: Recreation and Public Purposes Act Classification: Office of Lead Hazard Control and Healthy Homes Grant Nevada, 45802–45803 Programs Data Collection and Progress Reporting, 45789 National Endowment for the Arts Allocations, Common Application, Waivers, and NOTICES Alternative Requirements for Community Development Agency Information Collection Activities; Proposals, Block Grant Mitigation Grantees, 45838–45871 Submissions, and Approvals: Fair Market Rents for the Housing Choice Voucher Program, Blanket Justification for Arts Endowment Funding Moderate Rehabilitation Single Room Occupancy Application Guidelines and Requirements, 45806 Program, and Other Programs Fiscal Year 2020, 45789– 45798 National Foundation on the Arts and the Humanities Industry and Security Bureau See National Endowment for the Arts NOTICES Agency Information Collection Activities; Proposals, National Highway Traffic Safety Administration Submissions, and Approvals, 45722–45723 NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Application for NATO International Bidding, 45723– Defect and Noncompliance Reporting and Notification, 45724 45828–45834 Effects of Education on Speeding Behavior, 45827–45828 Interior Department National Emergency Medical Services Information See Fish and Wildlife Service System, 45826–45827 See Geological Survey See Land Management Bureau RULES National Institute of Food and Agriculture Financial Assistance Interior Regulation, 45627–45641 NOTICES Veterinary Shortage Situation Nominations for the Internal Revenue Service Veterinary Medicine Loan Repayment Program, 45710– NOTICES 45713 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Institutes of Health Transitional Guidance Under Sections 162(f) and 6050X NOTICES with Respect to Certain Fines, Penalties, and Other Agency Information Collection Activities; Proposals, Amounts, 45834–45835 Submissions, and Approvals: The Impact of Clinical Research Training and Medical International Trade Administration Education at the Clinical Center on Physician Careers NOTICES in Academia and Clinical Research (Clinical Center), Agency Information Collection Activities; Proposals, 45781–45782 Submissions, and Approvals, 45725–45726 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: National Oceanic and Atmospheric Administration Light–Walled Rectangular Pipe and Tube from the RULES People’s Republic of China, 45726–45727 Coastal Migratory Pelagic Resources of the Gulf of Mexico Monosodium Glutamate from the People’s Republic of and Atlantic Region: China, 45724–45725 Commercial Trip Limit Reduction for King Mackerel in the Atlantic Southern Zone, 45687–45688 International Trade Commission Fisheries of the Exclusive Economic Zone off Alaska: NOTICES Sablefish in the Central Regulatory Area of the Gulf of Meetings; Sunshine Act, 45803 Alaska, 45688–45689
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PROPOSED RULES Securities and Exchange Commission Fisheries Off West Coast States: NOTICES Magnuson–Stevens Act Provisions; Pacific Coast Application: Groundfish Fishery; Pacific Coast Groundfish Fishery Hartford Schroders Opportunistic Income Fund and Management Plan; Amendment 21–4; Trawl Catch Hartford Funds Management Company, LLC, 45810– Share Program, 45706–45708 45812 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Application: Cboe Exchange, Inc., 45807–45810, 45812–45816 Marine Mammals; Pinniped Removal Authority, 45730– NYSE Arca, Inc., 45816–45819 45732 Atlantic Highly Migratory Species: State Department Atlantic Bluefin Tuna Fisheries; Pelagic Longline Fishery RULES Management, 45734 Adjustment of Controls for Lower Performing Radar and Environmental Impact Statements; Availability, etc.: Continued Temporary Modification of Category XI of Florida Keys National Marine Sanctuary Restoration the United States Munitions List, 45652–45654 Blueprint; Meetings, 45728–45730 Meetings: Advisory Committee to the United States Delegation to State Justice Institute the International Commission for the Conservation of NOTICES Atlantic Tunas, 45728 Meetings: Atlantic Shark Identification Workshops and Safe Board of Directors, 45819–45820 Handling, Release, and Identification Workshops, 45732–45733 Substance Abuse and Mental Health Services Science Advisory Board, 45727–45728 Administration
NOTICES National Science Foundation Certified Laboratories and Instrumented Initial Testing NOTICES Facilities: Meetings: List of Facilities that Meet Minimum Standards to Engage Advisory Committee for Integrative Activities, 45806– in Urine Drug Testing for Federal Agencies, 45782– 45807 45783
National Transportation Safety Board Surface Transportation Board RULES NOTICES Civil Monetary Penalty Annual Inflation Adjustment, Acquisition and Operation Exemption: 45686–45687 Youngstown & Southeastern Railroad Co.; Mule Sidetracks, LLC, 45820 Navy Department Continuance in Control Exemption: NOTICES Mississippi Export Railroad Co.; Alabama Export Agency Information Collection Activities; Proposals, Railroad, Inc., 45821 Submissions, and Approvals, 45744 Lease and Operation Exemption: Alabama Export Railroad, Inc.; Illinois Central Railroad Co., 45820–45821 Nuclear Regulatory Commission NOTICES Trade Representative, Office of United States Meetings; Sunshine Act, 45807 NOTICES Modification of Section 301 Action: Occupational Safety and Health Review Commission China’s Acts, Policies, and Practices Related to RULES Technology Transfer, Intellectual Property, and Rules of Procedure; Corrections, 45654–45655 Innovation, 45821–45823
Postal Regulatory Commission Transportation Department See Federal Aviation Administration PROPOSED RULES Periodic Reporting, 45699–45700 See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Rural Business–Cooperative Service NOTICES Treasury Department Solicitation of Applications: See Internal Revenue Service Rural Energy for America Program for Fiscal Year 2020, See United States Mint 45713–45720 U.S. Customs and Border Protection Rural Utilities Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals: Central Electric Power Cooperative, Inc.; Meeting, 45720– Declaration of Owner and Declaration of Consignee When 45722 Entry is made by an Agent, 45786–45787
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United States Mint Separate Parts In This Issue NOTICES Meetings: Part II Citizens Coinage Advisory Committee, 45835 Housing and Urban Development Department, 45838–45871
Veterans Affairs Department Reader Aids RULES Consult the Reader Aids section at the end of this issue for Acquisition Regulation: phone numbers, online resources, finding aids, and notice Environment, Energy and Water Efficiency, Renewable of recently enacted public laws. Energy Technologies, Occupational Safety, and Drug- To subscribe to the Federal Register Table of Contents Free Workplace; Protection of Privacy and Freedom electronic mailing list, go to https://public.govdelivery.com/ of Information; Other Socioeconomic Programs; and accounts/USGPOOFR/subscriber/new, enter your e-mail Contract Modifications, 45679–45683 address, then follow the instructions to join, leave, or manage your subscription.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
2 CFR 1402...... 45627 6 CFR 5...... 45641 7 CFR Ch. VIII...... 45644 735...... 45644 9 CFR Ch. II ...... 45644 14 CFR 23...... 45649 71...... 45651 Proposed Rules: 39 (4 documents) ...... 45690, 45692, 45694, 45697 22 CFR 121...... 45652 29 CFR 2200...... 45654 39 CFR Proposed Rules: 3050...... 45699 40 CFR 62...... 45655 300...... 45658 Proposed Rules: 62...... 45700 174...... 45702 180...... 45702 47 CFR 25...... 45659 64...... 45669 73...... 45659 76...... 45659 Proposed Rules: 76...... 45703 48 CFR 801...... 45679 823...... 45679 824...... 45679 826...... 45679 836...... 45679 843...... 45679 852...... 45679 49 CFR 270...... 45683 831...... 45686 50 CFR 622...... 45687 679...... 45688 Proposed Rules: 660...... 45706
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Rules and Regulations Federal Register Vol. 84, No. 169
Friday, August 30, 2019
This section of the FEDERAL REGISTER published its Uniform Administrative acquisition provisions, the Department contains regulatory documents having general Requirements, Cost Principles, and proposed the current version of its FAIR applicability and legal effect, most of which Audit Requirements for Federal Awards regulations as a revision to 2 CFR part are keyed to and codified in the Code of (referred to as the ‘‘Uniform Guidance,’’ 1402 for public comment on March 21, Federal Regulations, which is published under 78 FR 78590). The OMB Uniform 2019. The Department received 55 50 titles pursuant to 44 U.S.C. 1510. Guidance, 2 CFR part 200, provided a public comments (84 FR 10439). The The Code of Federal Regulations is sold by government-wide framework for Federal final rule reflects the totality of the Superintendent of Documents. awards management and streamlined comments considered from the Notice of administrative requirements, cost Proposed Rulemaking (NPRM) stage of principles, and audit requirements for the process. DEPARTMENT OF THE INTERIOR Federal awards including grants and II. Overview of the Final Rule cooperative agreements. Office of the Secretary The Uniform Guidance required The FAIR regulations final rule: First, Federal agencies to promulgate revises 2 CFR part 1402 to more 2 CFR Part 1402 regulations implementing the policies accurately reflect exceptions to this part; [DOI–2018–0013; 190D0102DM, and procedures applicable to Federal and second, adds supplemental DS62400000, DLSP00000.000000, DX62401] awards by December 26, 2014. On regulations for DOI’s financial RIN 1090–AB19 December 19, 2014, the Department assistance program that is codified at 2 published a final rule to adopt the OMB CFR part 1402. The rule represents an Financial Assistance Interior Uniform Guidance in full as 2 CFR part administrative simplification and does Regulation 1402, Uniform Administrative not make any substantive changes to 2 Requirements, Cost Principles, and CFR part 200 policies and procedures. AGENCY: Office of the Secretary, Interior. Audit Requirements for Federal Awards Thus, this rulemaking does not revisit ACTION: Final rule. (79 FR 75867). Three days later, on substantive issues resolved during the December 22, 2014, DOI issued development and finalization of the SUMMARY: This final rule establishes the memoranda to supplement the OMB Uniform Guidance which was Financial Assistance Interior Regulation following provisions of the OMB adopted by the Department on (FAIR). The FAIR supplements the Uniform Guidance: (1) Indirect Cost December 19, 2014. This rule helps Office of Management and Budget Rates for Federal Financial Assistance ensure that financial assistance (OMB) Uniform Administrative Awards and Agreements; (2) Conflict of provided by the DOI is administered in Requirements, Cost Principles, and Interest and Mandatory Disclosures for full compliance with applicable law, Audit Requirements for Federal Awards Financial Assistance; (3) Financial regulation, policy and best practices to (Uniform Guidance), which was Assistance Application and Merit ensure the American people get the adopted by the Department of the review Processes; and (4) Financial most value from the money the DOI Interior (DOI or Department) on Assistance Awards for For-Profit spends on financial assistance. The December 19, 2014. This final rule Entities, Foreign Public Entities, and sections in this final rule represent areas supports the Department’s goal of Foreign Organizations. On February 8, of the financial assistance program improving its financial assistance 2016, the Department published a where questions have been raised by program, consolidate the Department’s proposed rule to establish the FAIR and stakeholders, including auditors. As a financial assistance regulations and to consolidate all of the policy result, DOI clarified specific areas. policies derived from the OMB Uniform memoranda into a regulation to be Guidance, and streamline the (a) Major Changes codified at 2 CFR part 1402 (81 FR implementation of OMB’s Uniform 6462). Two comments were received After reviewing and considering the Guidance and DOI financial assistance addressing, first, details of the conflicts comments received on the NPRM, we policy. of interest provision and, second, the made several clarifications and changes DATES: Effective October 29, 2019. The application of 2 CFR part 200, subparts in this final rule. The final rule: incorporation by reference of certain E (Cost Principles) and F (Audit • Clarifies the definition for real publications listed in the rule is Requirements), to tribal awards. These property. approved by the Director of the Federal two comments were addressed by • Simplifies and clarifies language for Register as of October 29, 2019. expanding the conflict of interest the conflict of interest requirements. FOR FURTHER INFORMATION CONTACT: Mr. provision to be consistent with the • Clarifies mandatory disclosure Kerry Neal, Director, Office of Grants Standards of Ethical Conduct for limitations on unresolved items. Management, Department of the Employees of the Executive Branch, 5 • Simplifies language for the merit Interior, 1849 C Street NW, Mail Stop CFR part 2635, and by clarifying the review requirements; removes the term 4262 MIB, Washington, DC 20240; applicability of 2 CFR part 200, subparts ‘‘maximum’’ associated with telephone (202) 208–3100; or email E and F, to tribal awards in this final discretionary awards. [email protected]. rulemaking, respectively. • Clarifies that § 1402.207(b) SUPPLEMENTARY INFORMATION: Because the RIN for the 2016 conditions applies to both nonprofit and proposed rule expired and Departmental for-profit recipients. I. Background leadership wanted to strengthen the • Deletes duplicative language for the On December 26, 2013, the Office of conflict of interest provisions and lobbying disclosure and certification Management and Budget (OMB) incorporate open science and land requirements.
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• Removes the definition of data and certain aspects of the rule that may paragraphs (a) through (e) in all notice revises § 1402.315 to clarify the benefit from additional explanation. of funding opportunities and financial distinction between data and other Subpart A of the final rule sets forth assistance awards. The proposed rule related types of information. definitions for terms used in this part. was amended in order to make clear to Terms defined in this rulemaking are non-Federal entities that they must (b) Key Issues ‘‘employment,’’ ‘‘financial assistance appropriately address prohibited The DOI reviewed many comments officer,’’ ‘‘foreign entity,’’ ‘‘non-Federal conflicts of interest preventing them from a variety of entities, but received entity,’’ and ‘‘real property.’’ As from providing impartial, technically the majority of the detailed comments explained in the proposed rule, non- sound, and objective performance under focused on real property, appraisals, Federal entity is expanded to include or with respect to a Federal financial and scientific data. These key issues are for-profit organizations. Several of these assistance agreement. Paragraph (b) addressed more fully in section III of terms help clarify regulatory changes Requirements was removed to avoid any this preamble, but include: designed to avoid conflicts of interest confusion that the rule was not in • Real Property Program Impacts— which might place a non-Federal entity, compliance with statutory and Includes such things as costs, time to its employees, and/or its subrecipients regulatory law. Paragraphs (a) through complete appraisals, scarcity of Yellow in a position of conflict, real or (e) set forth directions on applicability, Book appraisers, and grandfathering of apparent. The final rule adopts the appropriate action that must be taken to appraisals already in progress. proposed term ‘‘real property’’ to avoid a conflict of interest, required • Uniform Appraisal Standards for address DOI’s specific focus on interests notification, and enforcement. Federal Land Acquisitions (UASFLA or in land. The ‘‘data’’ definition was Section 1402.113 provides as Yellow Book) Technical Issues/ removed based on comments received proposed that, in addition to the Requirements—Includes such things as stating that the definition was beyond disclosures required under 2 CFR the applicability of UASFLA, specific the scope of typical definitions in the 200.112 and 200.113, non-Federal technical requirements, and assertions industry. entities and applicants must disclose in Subpart B sets forth general of inconsistent requirements for writing any potential or actual conflict provisions including: The purpose of UASFLA compliance within the DOI of interest; and must also disclose any the part, application, exceptions, and externally across other government outstanding unresolved matters with the policies and procedures that apply to agencies. Government Accountability Office or non-Federal entities, conflict of interest the Office of Inspector General of any • Qualifications and Training of policies, and mandatory disclosure Federal agency when submitting a Appraisers—Includes such things as requirements. DOI adopted as proposed proposal and throughout the life of the uncertainty regarding qualifications of § 1402.100, which includes award. ‘‘Unresolved’’ matters are now appraisers for conducting UASFLA establishment of financial assistance more clearly defined. appraisals, qualifications for review regulations designed to ensure that Under subpart C, the rule addresses: appraisers, appraisal review conducted financial assistance is administered in Merit review requirements for by non-appraisers, and terminology full compliance with applicable law, competitive awards, requirements for used when referring to the appraisal regulation, policy and best practices; domestic for-profit entities, specific credentials issued by States. and to help ensure that the American financial assistance award terms and • Promoting Open Science—Includes people get the most value from the conditions that apply to domestic for- the expanded definition of data and the money that DOI spends on financial profit entities, and lobbying disclosure requirement to make data relied upon in assistance. The adopted § 1402.101 and certification requirements. research available to the public and the provides that the regulation is Section 1402.204 sets forth merit format to provide the data. applicable to all DOI grant-making review requirements for competitive Incorporation by Reference: The activities and to any non-Federal entity grants and cooperative agreements purpose of the Uniform Appraisal that applies for, receives, operates, or unless otherwise prohibited by Federal Standards for Federal Land Acquisitions expends funds from a DOI financial statute. After reviewing the comments, (Yellow Book) is to promote fairness, assistance award after the effective date DOI removed the requirements for uniformity, and efficiency in the of this final rule, unless otherwise bureaus and offices to create review appraisal of real property in Federal authorized by Federal statute. Section systems that consider statutory or acquisitions. The same goals of 1402.103 adopted as proposed explains regulatory provisions, business uniformity, efficiency, and fair that non-Federal entities must also evaluation, risk assessment, and other treatment of those affected by public follow bureau or office policies and applicable government-wide pre-award projects underlie the Uniform procedures as communicated in notices considerations for discretionary Relocation Assistance and Real Property of funding opportunities and award programs that are noncompetitive. Acquisition Policies Act of 1970 which terms and conditions. This section also While DOI believes review systems are applies to Federal acquisitions as well reflects the order of precedence, where important, it did not believe the specific as many State and local government policies or procedures may conflict with requirements needed to be in the acquisitions involving Federal funds. existing regulations at 2 CFR part 200; regulation. The Yellow Book is available in hard or this part. In such cases, then the This section also adopts as proposed, copy or interactive electronic format regulations at 2 CFR part 200 or this required pre-award considerations for from The Appraisal Foundation at part, when final, will supersede, unless both discretionary competitive and http://www.appraisalfoundation.org/ otherwise authorized by Federal statute. noncompetitive awards to take into imis/TAF/Yellow_Book.aspx or from the Section 1402.112 sets forth account the alignment of the award’s U.S. Department of Justice at https:// requirements related to conflicts of purpose, goals, and measurement with www.justice.gov/file/408306/download. interest that apply to recipients of the current DOI Government financial assistance awards. The final Performance and Results Act Strategic (c) Section by Section Analysis rule, adopted as proposed, applies to all Plan. Section 1402.204 also adopts as This portion of the preamble non-Federal entities and requires the amended an expectation of competition summarizes the final rule and highlights full text of language proposed in in awarding discretionary funds, unless
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otherwise directed by Congress. After the American people with enough Appraisal Standards for Federal Land the review of comments, DOI did information to thoughtfully and Acquisitions (UASFLA or the ‘‘Yellow remove the word ‘‘maximum’’ that substantively evaluate the data, Book’’), which is incorporated by described the competition requirement. methodology, and analysis used by the reference; (b) appraised by a real The final rule also adopts that when Department. To accomplish these goals, property appraiser licensed or certified grants and cooperative agreements are the section provides that DOI bureaus by the State or States in which the awarded competitively, the process will and offices shall specifically require property is located; and (c) that the be fair and impartial, that all applicants under the terms of any award, the appraisal report shall be reviewed by a will be evaluated only on the criteria ability to publicly release associated qualified review appraiser that meets stated in the announcement, and that no data, methodology, factual inputs, qualifications established by the DOI applicant will receive an unfair models, analyses, technical information, Appraisal and Valuation Services Office competitive advantage. This section of reports, conclusions, or other scientific (AVSO). Requirements are also set forth the rule also sets forth direction on: The assessments in any medium or form, in this section for foreign land composition of an evaluation and including textual, numerical, graphic, acquisition. In § 1402.329, DOI sets forth selection plan, completeness of cartographic, narrative, or audiovisual, direction that recipients must submit applications and proposals, timeliness, subject to applicable laws. This reports on the status of the real property threshold screening, merit review provision applies to all grants, for all financial assistance actions where evaluation screening, and risk cooperative agreements, or other similar real property, as defined in this final assessments. agreements between any Bureau, Office, rule, is acquired under the Federal Sections 1402.206 and 1402.207 are or other organization of the Department award as required by 2 CFR 200.329. If designed to be read together as and any third party; and would not be the interest in real property will be held proposed. Section 1402.206 provides limited to rulemaking. This section for less than 15 years, reports must be that § 1402.207(a) contains standard recognizes the Department’s submitted annually; otherwise the award terms and conditions that always responsibility to ensure that the benefits recipient must submit the first report apply to for-profit entities and that derived from Federal financial within one year of the period of terms in § 1402.207(b) contain terms for assistance are generally available to the performance end date of the award and recipients including non-profits and for- public, subject to applicable law. DOI then, at a minimum every five years profits to apply to all subawards and clarified in the final rule that thereafter. The rule also sets forth who contracts over the simplified acquisition methodologies, factual inputs, models, should receive the reports, the required threshold. The section further lists analyses, technical information, reports, format, the content, and timing for such additional administrative guidelines in conclusions, or other scientific reports. existing regulations and in proposed assessments in any medium or form, Section 1402.414 establishes DOI § 1402.414 that may be applied to including textual, numerical, graphic, policy, procedures, and general domestic for-profit entities. Provision is cartographic, narrative, or audiovisual decision-making criteria for deviations made for particular program offices and resulting from a financial assistance from negotiated indirect cost rates bureaus to develop specific agreement should be available to DOI applicable to all Federal financial administrative guidelines for domestic for sufficient independent verification. assistance programs awarded and for-profits. Finally, § 1402.206 adopts It further clarified the Federal administered within DOI. The regulatory text sets forth procedures and that bureau and office award terms and Government rights to such items. It also conditions must be managed in criteria for using an indirect cost rate adopts, as proposed, the requirement accordance with the requirements in the other than the non-Federal entity’s that Bureaus and offices must include existing 2 CFR 200.210. negotiated rate. The goal of this section these requirements in all notice of Section 1402.207 lists specific is to provide consistent direction within funding opportunities. conditions that always apply to the Department on negotiated indirect domestic for-profit entities and Section 1402.329 adopts the cost rate deviations to ensure subawards. In addition to all other requirements for land acquired under an compliance with the Uniform Guidance. applicable terms and conditions, award. The regulation provides that Existing provisions of 2 CFR 200.414(c) specific financial assistance award prior to land purchases, bureaus and require Federal agencies to accept terms and conditions adopted in offices must ensure compliance with the federally negotiated indirect cost rates. § 1402.207(d) apply to foreign entities. prior written approval requirements for Federal agencies may use a rate different DOI also clarified that the provisions in land acquisition in the existing 2 CFR from the negotiated rate for a class of § 1402.207(b) applies to both non-profit 200.439. Whenever a recipient is awards or a single Federal award only and domestic for-profit entities. seeking DOI approval to use award when required by Federal statute or Section 1402.208 was removed after funds to purchase an interest in real regulation, or when approved by a DOI’s review of the comments, as DOI property, OMB-approved government- Federal awarding agency head or agreed it was redundant with wide data elements must be submitted delegatee based upon documented § 1402.112(d) restrictions on lobbying. to the responsible bureau or office. For justification described within 2 CFR Subpart D includes regulations that this provision, the Financial Assistance 200.414(c)(3). set forth post Federal award Officer is responsible for ensuring For all deviations to the Federal requirements. compliance. Furthermore, all aspects of negotiated indirect cost rate, including Section 1402.315 amends the purchase must be in compliance statutory, regulatory, programmatic, and requirements for availability of data that with applicable laws and regulations voluntary, the rule provides that the implement Secretary’s Order 3369, relating to purchases of land or interests basis of direct costs against which the ‘‘Promoting Open Science,’’ dated in land. This section also requires that indirect cost rate is applied must be: October 18, 2018. The requirements in unless a waiver valuation applies in The same base identified in the this section rely on existing regulatory accordance with 49 CFR 24.102(c), land recipient’s negotiated indirect cost rate provisions found at 2 CFR 200.315(d) to or interests in land that will be acquired agreement, if the recipient has a achieve the goals set forth in section under the award must be: (a) Appraised federally negotiated indirect cost rate 4b(3) of the Secretary’s Order to provide in accordance with the Uniform agreement; or, the modified total direct
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cost (MTDC) base, in cases where the 12866. The impact of this rule has been (iii) Executive Order 13563—Improving recipient does not have a federally analyzed, and it does not have an Regulation and Regulatory Review negotiated indirect cost rate agreement annual effect on the economy of $100 Comment: Three commenters raised or, with prior approval of the awarding million or more, adversely affect the concern over the rule not promoting bureau or office, when the recipient’s economy in a material way, or create a predictability, reducing uncertainty, or federally negotiated indirect cost rate serious inconsistency or otherwise providing the least burdensome tools for agreement base is only a subset of the interfere with another agency’s actions. achieving regulatory objectives with MTDC (such as salaries and wages) and Accordingly, the impact of this rule regard to: (1) Appraisal standards, (2) the use of the MTDC still results in an does not rise to the level of significance review appraiser standards, and (3) real overall reduction in the total indirect under the E.O. The DOI has however property reporting requirements. cost recovered. made changes to the open science Response: The rule clarifies the Section 1402.414(d), adopted as provisions of the proposed rule. DOI has standard for real property appraisals, proposed, provides that in cases where made no changes to the land acquisition appraiser standards, and reporting the recipient does not have a federally provisions of the proposed rule in requirements under 2 CFR 1402.329. negotiated indirect cost rate agreement, response to these comments. The Specifically, there are two existing the Department will not use a modified regulations (49 CFR 24.101(d) and Uniform Act and its regulations at 49 rate based upon total direct cost or other 24.103(a)) that relate to appraisals for CFR part 24 apply to Federal base not identified in the federally real property, including real property negotiated indirect cost rate agreement acquisitions as well as many State and under federally assisted programs. The or defined within 2 CFR 200.68. local government acquisitions involving DOI made no changes to the proposed Section 1402.414(d) goes on to Federal funds (UASFLA 0.1). As such, rule in response to these comments. provide direction on indirect cost rate the UASFLA standards are no different deviation required by statute or than the USDAP standards, they are (2) Comments Related to Data regulation, indirect cost rate reductions merely tailored to meet the specific (i) Definition of Data used as cost-share, programmatic needs of the Government. Accordingly, Comment: Two commenters raised indirect cost rate deviation approval the land provisions are not a significant concern over the definition of data in process, voluntary indirect cost rate change. the rule. Specifically, the commenters reduction, and unrecovered indirect (ii) Executive Order 13132—Federalism felt that the definition in the rule is too costs. broad, outside of the industry-standard III. Public Comments on the Proposed Comment: Three commenters raised definition of the term, and it includes Rule and Responses to Comments concern over the rule being contrary to data that takes years to develop and has established principles of federalism. a significant value to the non-Federal (a) Overview Specifically, they commented that the award recipient. The rule reserves the The Department sought public provisions related to the Yellow-book right for the DOI to determine whether comment on the proposed rule, requirement and data availability to make such data that is produced with receiving 55 comments from over 200 impeded full compliance with State Federal funding publically available, individuals, non-profits, State and local privacy laws related to land ownership which may cause economic injury and governments, and Federal entities. All and requiring the disclosure of what the competitive harm to non-Federal public comments received on the NPRM State determines is protected and recipients. Response: The Department made are available in a combined docket at sensitive information. docket number: DOI–2018–0013. The changes in response to these comments, Department decided to proceed to the Response: The Department does not to eliminate the definition of data from final-rule stage after consideration of all agree that the rule is contrary to E.O. this regulation, and then to make minor the comments. The Department’s 13132 or the principles of federalism. conforming revisions to the text of responses to comments are detailed Non-Federal entities participate in § 1402.315 to clarify the Department’s below. Federal assistance programs voluntarily; requirements related to methodology, and when seeking Federal funds, they factual inputs, models, analyses, (b) Responses to Public Comments on are required to meet Federal technical information, reports, the Proposed Rule requirements attached to the receipt and conclusions, and other scientific (1) Comments Related to Executive use of such funds. Section 1.15 of the assessments, which are not included in Orders Yellow Book specifically addresses the industry-standard definition of data. confidentiality and the appraiser’s The change resolves the issue that the (i) Executive Order 12866—Regulatory definition of ‘‘data’’ in the proposed rule Planning and Review responsibility to follow the USPAP Ethics Rule as it relates to was beyond the scope of the industry- Comment: Four commenters confidentiality and the appraiser/client standard definition of the term. The DOI expressed the opinion that the rule has relationship. State privacy requirements did not make substantive changes, but significant changes for States and other remain intact. An appraisal completed rather clarifying changes regarding the grantee organizations resulting in Department’s rights in relation to to either standard has the same significant new process requirements methodology, factual inputs, models, confidentiality requirements. and burdens, and increased costs. Two analyses, technical information, reports, Furthermore, the requirement in this commenters specifically commented conclusions, and other scientific that incorporating open science and rule to use the Yellow Book standard for assessments. The Department has a land acquisition provisions into this all appraisals is already the standard responsibility to ensure that the benefits regulation may violate Executive Order practice for Federal assistance programs, derived from Federal financial 12866.’’ and is a requirement for all direct assistance awards are available to the Response: The Department received a Federal land purchases. The DOI made public. In order to ensure transparency review from OMB, and the rule was no changes to the proposed rule in and the greatest possible use of the determined non-significant under E.O. response to this comment. fruits of Federal appropriations, the rule
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reserves the right for the DOI to decide not take any action in violation of a land is so low that the cost of the whether these types of outputs resulting statute. appraisal is not justified. The DOI made from a Federal award shall be publicly no changes to the proposed rule in (3) Comments Related to Real Property released. The Department will make response to this comment. determinations regarding public release (i) Cost of Uniform Appraisal Standards (ii) Scarcity of UASFLA Appraisers of data on a case-by-case basis, and may for Federal Land Acquisition (UASFLA) consider input from interested parties. Comment: Multiple commenters Comment: Multiple commenters The Department will not take any action expressed concern with the rule’s expressed concern about the perceived in violation of statute, including, for requirement that appraisals for land scarcity of UASFLA qualified example, public release of information purchased under Federal assistance appraisers. Response: Appraisers are licensed or that is protected under an exception to awards must be conducted using the certified by the States to perform the Freedom of Information Act. UASFLA (Yellow Book) standard due to appraisals, and the States establish However, the rule ensures that the DOI concern that appraisals conducted limits to the levels of licensure in reserves the right to make that under this standard are more costly. accordance with Title XI of the determination for all data, methodology, One commenter indicated that they Financial Institution Reform and factual inputs, models, analyses, allocate an average of $7,500 for the Recovery and Enforcement Act technical information, reports, appraisal, and various other (FIRREA) of 1989, P.L. 101–73. Most conclusions, valuation products, and commenters stated that they expected State licensed or certified appraisers are other scientific assessments produced costs of appraisals to increase thirty able to complete UASFLA appraisals. under a federally-funded award. percent to fifty percent based on There are no separate or additional conversations with appraisers in their (ii) Protected Use of Data licensure requirements for completing area. Comment: Thirty-five commenters UASFLA appraisals; the issue is not Response: Title 49 CFR 24.103(a) requested clarification on the specific lack of qualifications as stated in the allows agencies to require Yellow Book requirements for protection and use of comments, and scarcity can be compliance, which is the appropriate data under § 1402.315, Availability of addressed through outreach to the appraisal standard for acquisition of Data. These commenters expressed appraisal community to bring awareness property interests by the Federal concern that data collection might be of the opportunity for assignments. The Government. The DOI contracts burdensome as the FAIR does not DOI made no changes to the proposed hundreds of land appraisals each year in describe what format the data will need rule in response to this comment. to be available in, whether grantees will many different States that are completed have to provide the raw data, and under both The Uniform Standards of (iii) Grandfathering whether recipients will have to translate Professional Appraisal Practice (USPAP) Comment: A commenter raised a data for all requesting parties. Also, and UASFLA standards. In the DOI’s concern about the ability to grandfather commenters raised questions about experience, there is no significant appraisals that are already in progress or whether the grantees are legally allowed difference in the cost of a USPAP that have been completed but grants not to share data with non-intended users; appraisal versus a UASFLA appraisal. awarded. for how long after the award has closed Cost variability is most often a result of Response: Appraisals that have that the recipient needs to make the data the specifics of the assignment rather already been initiated as of the date the available for use; and whether the than the applicable appraisal standard. final rule is published will be accepted requirement applies to already- The $7,500 appraisal figure in the as long as they meet the standards published data or raw un-scrubbed data. comments is consistent with the pricing required by the grant program at the Lastly, one commenter wanted to ensure for DOI appraisals. Fees typically go up time the appraisal was initiated. that this rule ‘‘will not compromise as the complexity increases and the However, all appraisals initiated after threatened, endangered, or other species period of performance for the appraisal the date of the final rule will need to of concern by making certain shortens. Additionally, there is no conform to UASFLA. The DOI made no information about geographic locations discernable difference in the time taken changes to the proposed rule in public’’. for the appraisal, whether it is response to this comment. Response: The DOI believes that these completed under USPAP or UASFLA comments raise issues that are too standards. The average time of (iv) Perceived Burden of UASFLA specific and detailed to address in a completion from the notice to proceed Requirements rule. Issues related to formatting, with the appraisal to the delivery of the Comment: Several commenters raised procedures, and specific issues like appraisal to the review appraiser is general concerns about the requirement endangered species protections are best around sixty-five days. The average time that all appraisals for all land purchased addressed in each Notice of Funding for appraisal review, including under Federal assistance awards Opportunity for each Federal financial obtaining revisions from the appraiser if conform to the UASFLA appraisal assistance program. As such, individual necessary, is around forty days. These standard. financial assistance agreements will averages are regardless of the appraisal Response: All UASFLA appraisals specify the format required for the data, standard applicable to the assignment is must also conform to USPAP. USPAP is and the government will make every USPAP or UASFLA. The appraisal a broad general standard that applies to effort to be as descriptive as practical in review days include the days that the all types of appraisals conducted by the initial Notice of Financial appraiser is making necessary revisions State licensed or certified appraisers. Assistance Opportunities. The DOI to the appraisal report. This length This standard includes real property made changes to the definition of data varies depending on the quality of the appraisal, mass appraisal, personal in the final rule. DOI also indicated that appraisal report and the appraiser’s property appraisal, and business it will make determinations regarding schedule for revisions. In addition, the appraisal. The UASFLA/Yellow Book is public release of data on a case-by-case rule currently allows for waivers in a supplemental standard to USPAP, basis, and may consider input from accordance with 49 CFR 24.102(c) in meaning that it builds on the foundation interested parties. The Department will instances where the total value of the established by USPAP and is more
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specific to direct acquisitions and consider ‘‘conservation values’’ or use or other influences such as tax benefits federally assisted acquisitions under the comparable sales involving government to the seller. Uniform Act. Much of the UASFLA was agencies or nonprofit organizations. Comment: Other comments were written to conform to the Uniform Act Response: For any appraisal that seeks received that discussed appraisers being appraisal requirements found in 49 CFR to determine fair market value, the ‘‘Yellow Book or UASFLA Certified’’ or 24.103. The Uniform Act and its highest and best use of the property a specific certification required for regulations at 49 CFR part 24 apply to being appraised is what drives the appraisers or review appraisers. Federal acquisitions as well as many value. Non-economic uses such as open Response: In either case, there are no State and local government acquisitions space or watershed protection are not certifications specific to either UASFLA involving Federal funds (UASFLA 0.1). typically recognized as the highest and appraisals or appraisal review. As such, the UASFLA standards are no best use because there is no economic Regarding UASFLA appraisals, any different than the USDAP standards, benefit returned to the property. The appraiser can perform UASFLA they are merely tailored to meet the major appraisal organizations, as well as appraisals as long as they are competent specific needs of the Government. the Interagency Land Acquisition to perform the assignment and the Comment: Other comments that were Conference (authors of the UASFLA), property type and value are within the received requested that the DOI’s have concluded that where fair market limits of their license as established by Federal assistance programs, such as the value is the value sought, the value FIRREA. Various appraisal Wildlife and Sport Fish Restoration must be based on an economic highest organizations offer training in Program (WSFR), have consistent and best use and that a non-economic conducting UASFLA appraisals, and appraisal requirements. highest and best use is not a proper these courses are available online and in Response: The Department agrees, basis for the opinion of market value. traditional classroom settings to and is specifying UASFLA as the Comparable sales involving facilitate appraisers becoming familiar applicable standard bringing all government entities or nonprofit with the standard. federally-assisted land acquisition For appraisal review qualifications, organizations also must be considered programs under one consistent appraisal there are specific review designations with extra care and analysis because standard. For example, for the WSFR for appraisers offered by at least two they can reflect non-market motivation program, Yellow Book appraisals are professional appraisal organizations— or other influences such as tax benefits required by some regions, but other the Appraisal Institute (AI–GRS) and the to the seller. The UASFLA does not regions, for that same program, apply American Society of Farm Managers and prohibit the use of these sales, but these USPAP only. Requiring UASFLA/ Rural Appraisers (RPRA) that conform sales do require an additional level of Yellow Book compliance Department- to the Departmental Manual, Part 602, scrutiny to ensure that they are arm’s wide will ensure these programs are Chapter 1, requirements requiring length transactions and accurately consistent with other programs within education and experience in appraisal reflect open market situations. the Department, including the National review, a comprehensive exam, and a Park Service LWCF State Assistance (v) Qualifications and Training demonstration appraisal review report. Program, the American Battlefield Comment: Two comments were Protection Program, and the FWS Comment: Thirty-two comments received that indicated that an appraisal Cooperative Endangered Species addressed the inclusion of qualifications review designation should be required Conservation Fund Grant Program. for appraisers in the proposed rule. to be considered ‘‘qualified’’ for Comment: Some comments Response: The qualifications appraisals related to grant programs. mentioned the USDA Forest Legacy established by AVSO are included in a Response: Since this is not required grant program which also requires draft of Part 602, Chapter 1 of the for appraisals used for direct acquisition UASFLA appraisals. Departmental Manual that is currently by the United States, it is not realistic Response: The final rule seeks to being updated by the Department. For to require a higher level of qualification create consistent requirements across fee appraisers preparing valuation for appraisers conducting appraisals and the Department’s grant programs by products (including appraisals and appraisal reviews for financial requiring appraisals be conducted in appraisal reviews) for financial assistance programs. compliance with the UASFLA, which is assistance programs within the the predominant standard for land or Department, appraisers must hold an (vi) Requirements for Recipient real property interest acquisition appraisal license in the State where the Reporting on Real Property Purchases appraisals within the Department. Some property appraised is located, Comment: Forty-two commenters external agencies may have different commensurate with the type of property raised questions regarding the public requirements for appraisal standards being appraised. This requirement land reporting requirements in due to different missions and objectives; allows an appraiser to conduct § 1402.329(d). Commenters stated that however, the UASFLA is generally appraisals or appraisal reviews for the reporting requirement is redundant applicable to land management agencies financial assistance programs as long as and an unnecessary burden to the as well as other agencies that acquire or they act within the property type and grantee, and that the SF–429A requires fund acquisition of land or other real value limits of their level of license. information that is above and beyond property interests. Within the Title XI of the FIRREA established these the intent of 2 CFR 200.329. Other Department, the UASFLA is already the limits. The qualifications established by commenters focused on current program most common standard for land or real AVSO are consistent with this law. The reporting requirements, and how the property interest acquisition and helps UASFLA does not prohibit the use of requirements in this rule would impact ensure compliance with UASFLA 0.1, comparable sales involving government those current requirements in terms of parallel goals of ‘‘uniformity, efficiency, entities or nonprofit organizations, but reporting deadlines, data, and forms. and fair treatment of those affected by these sales do require an additional Response: The intent of the rule is to public projects . . .’’ level of scrutiny to ensure that they are standardize the process for land Comment: One other area of comment arm’s length transactions and accurately requirements and data collected across was related to the inability of appraisers reflect open market situations because all DOI Federal assistance programs. conducting UASFLA appraisals to they can reflect non-market motivation The requirements in this rule will be
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adopted by all DOI programs, and will (5) Comments on Other Sections regard to each section in this final rule. replace, not add to, existing (i) Section 1402.100 Purpose Program offices may impose additional requirements. Program specific programmatic and grants administration requirements by commenters will be Comment: Three commenters raised requirements via agency policy replaced with one standardized process. concern over the stated purpose of the statements, Notice of Funding This reporting requirement in this rule proposed rule. The background Opportunity announcements, and terms does not expand the requirements in 2 information states that ‘‘the proposed and conditions of award. The DOI will CFR 200.329, but merely clarifies DOI’s rule represents an administrative not apply this rule retroactively. It will standards for the format and deadlines simplification and is not intended to only be applied to new awards or award of the reporting that is already required make any substantive changes to 2 CFR revisions made after the effective date of by that section. This final rule requires part 200 policies and procedures.’’ the final rule. The DOI made no changes using a Standard Form that has already However, the proposed rule implements to the proposed rule in response to this been established as a Government appraisal standards (§ 1402.329) and comment. standard, in order to conform with an specific reporting forms (SF–429) is well (iv) Conflicts of Interest (§ 1402.112) existing format and to avoid the creation beyond what is required by 2 CFR part of a duplicative form. The DOI made no 200. Comment: Seven commenters changes to the proposed rule in Response: Title 2 CFR 200.329 states expressed the desire for the regulatory response to this comment. that in those instances where the language to be removed or revised to Federal interest in real property remove confusion and redundancy. (4) Comments Related to Definitions attached is for a period of 15 years or Commenters stated that the requirement (i) Employment more, the Federal awarding agency at its to disclose potential conflicts of interest, option, may require the non-Federal Comment: One commenter requested and any outstanding unresolved entity to report at various multi-year matters, has the potential for varying that DOI revise the definition of frequencies (e.g., every two years or employment in the rule, and suggested interpretations because subjectivity is every three years, not to exceed a five- involved. Commenters also that the definition expands upon year reporting period; or a Federal traditional definitions of the term under distinguished between State and Federal awarding agency or pass-through entity requirements. the Fair Labor Standards Act (FLSA) by may require annual reporting for the Response: Section 1402.112 is critical including relationships such as first three years of a Federal award and to ensure that recipients of Federal ‘‘contractor’’ and ‘‘partner.’’ thereafter require reporting every five assistance awards disclose any conflicts Response: This definition in the rule years). As explained in the proposed of interest that might impede their is intended to make clear that the types rule, we believe this section does not ability to serve the public purpose of the of personal services as described therein expand reporting requirements, but award. While DOI recognizes that are also included in the definition of clarifies the specific approach that will conflict of interest provisions are employment and should be reported as be required for awards made by the DOI inherently subjective, the language in such in the grant application or progress for interests held longer than 15 years. this final rule supplements the language report. The DOI made no changes to the The DOI made no changes to the in 2 CFR part 200, and provides some proposed rule in response to this proposed rule in response to this additional clarifications. Section comment. comment. 1402.112 removed paragraph (b) to be (ii) Non-Federal Entity (ii) Effective Date consistent with 2 CFR 200.318(c). This Comment: The definition of non- Comment: One commenter requested amendment also clarifies that States and Federal entity in § 1402.6 is an identical a clarification on the effective date of local governments are permitted to definition provided in 2 CFR 200.69. We the final rule and whether it would follow their own conflict of interest recommend this to be removed because apply retroactively to previously issued policies. Further, § 1402.112, as there is no additional value or Federal awards. proposed, provides Review Procedures, clarification provided here. Response: The FAIR applies to all DOI which are not included in 2 CFR part Response: The definition in § 1402.6 new awards or award revisions made 200. As explained in the preamble of the slightly revises the definition in 2 CFR after the effective date of the final rule. proposed rule, the DOI believes that 200.69 to also include for-profit entities The DOI made no changes to the these sections are needed to ensure full in the definition of non-Federal entity. proposed rule in response to this transparency into any conflicts of As explained in the proposed rule, we comment. interest that are held by potential award believe this is needed because 2 CFR recipients. (iii) Applicability of Other Regulations part 200 leaves the Department (v) Mandatory Disclosure (§ 1402.113) discretion for for-profit entities. and Policies Accordingly, DOI made no changes to Comment: Sixteen commenters Comment: Three commenters the proposed rule in response to this submitted questions and comments expressed the desire for clarity on comment. regarding the FAIR’s effect on terms and standards that would apply in making a conditions for awards issued prior to the determination and disclosure of (iii) Real Property effective date of the rule and 2 CFR part potential conflicts. There was concern Comment: The proposed definition in 200, and whether the terms and that this section will impose a § 1402.7 needs further clarity on land conditions in DOI Federal assistance disproportionate reporting burden on and interests in land. awards would be subject to the notice States, as States have multiple grantors Response: The DOI revised the and comment process. and deal with multiple Offices of definition of real property in the Response: The FAIR supplements the Inspector Generals. Also, the proposed proposed rule in response to this terms and conditions in 2 CFR part 200 rule does not state at what point an comment. DOI clarified that real in areas of particular interest for the DOI issue is determined to be ‘‘unresolved.’’ property interests were included in the and gives more detailed instructions on Is it unresolved when it is questioned, definition of real property. how to implement 2 CFR part 200 with or only if it is outstanding after the
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corrective action plan, or sometime in assistance award terms and conditions and Regulatory Affairs will review all between? always apply to non-profit and domestic significant rules. The Office of Response: The DOI revised the for-profit entities:’’ Information and Regulatory Affairs has language in this section to limit those determined that this rule is not (viii) Lobbying Disclosure and ‘‘unresolved’’ items that are to be significant. Executive Order 13563 Certification reported as those items that do not have reaffirms the principles of E.O. 12866, an approved (by the awarding agency) Comment: One commenter suggested calling for improvements in the nation’s corrective action plan in place and that the referenced section (§ 1402.208) regulatory system to promote remain open. is duplicate language already proposed predictability, to reduce uncertainty, in § 1402.112(d) and suggested removal. (vi) Merit Review (§ 1402.204) and to use the best, most innovative, Response: The DOI made changes to and least burdensome tools for Comment: Four commenters raised the proposed rule in response to this achieving regulatory objectives. E.O. questions about the merit review comment by deleting § 1402.208. 13563 directs agencies to consider section, including concern over how (ix) Indirect Cost Rates regulatory approaches that reduce competition requirements are defined. burdens and maintain flexibility and Commenters were concerned over using Comment: Four commenters raised concern over the approval process and freedom of choice for the public, where the word ‘‘maximum’’ to describe the these approaches are relevant, feasible, type of competition. Commenters documentation for indirect cost rates required in § 1402.414. One commenter and consistent with regulatory expressed the view that the use of a objectives. subjective word like maximum lends noted that the requirements stated in the itself to significant differences in rule have been in effect since 2014 and 2. Regulatory Flexibility Act standards based on region/State, or even have been working well. This final rule will not have a Response: The approval of individuals, implementing the funding significant economic effect on a programmatic deviations to negotiated opportunity and could result in unequal substantial number of small entities indirect cost rates is handled on a case- opportunities nationwide. There was under the Regulatory Flexibility Act (5 also a comment raised that the by-case review and is at the discretion of each bureau’s grants program U.S.C. 601 et seq.). The Department of programmatic investment guidance the Interior generally does not award outlined by congressional mandates guidelines. The procedures outlined in this rule are consistent with 2 CFR part grants to small businesses. The vast may not be consistent with the current majority of Interior grants are awarded DOI Government Performance and 200, and have been in place within DOI via policy guidance since 2014. Under to States, local governments, and not- Results Act Strategic Plan as required in for-profit organizations. § 1402.204. this rule, a voluntary rate reduction Response: The Department made should be confirmed in writing with the 3. Small Business Regulatory changes to the proposed rule in Financial Assistance Officer identified Enforcement Fairness Act in the Notice of Funding response to this comment by removing The final rule is not a major rule Announcement. The voluntary rate the following language: ‘‘It is also under the Small Business Regulatory reductions should be noted in the pre- important for DOI bureaus and offices to Enforcement Fairness Act (5 U.S.C. award proposal documents submitted create review systems for 804(2)). This rule: noncompetitively awarded discretionary for review at the time of the application. (a) Does not have an annual effect on . . .’’ and the word ‘‘maximum.’’ that Federal agencies may use a rate different the economy of $100 million or more. from the negotiated rate for a class of originally appeared in the proposed rule The Department of the Interior generally awards or a single Federal award only at § 1402.204(a). DOI also revised does not award grants to small when required by Federal statute or § 1402.204 to add ‘‘unless otherwise businesses. required by statute’’ with respect to the regulation, or when approved by a (b) Will not cause a major increase in current DOI Government Performance Federal awarding agency head or costs or prices for consumers, and Results Act Strategic Plan to clarify delegate based upon documented individual industries, Federal, State, or DOI does not intent to violate justification described within 2 CFR local government agencies, or congressional mandates. 200.414(c)(3). Indirect cost rate geographic regions. agreements are negotiated within 6 (c) Does not have significant adverse (vii) Specific Award Conditions months from the time a grantee submits effects on competition, employment, (§ 1402.207(b)) a complete and acceptable proposal investment, productivity, innovation, or Comment: One commenter requested package. Title 2 CFR part 200 allows the ability of U.S.-based enterprises to clarification on paragraph (b) and the grantees to develop and submit their compete with foreign-based enterprises. inclusion of all recipients. The indirect cost rate proposals 6 months This rule establishes regulations for DOI commenter noted that most of this after the end of their fiscal year. The financial assistance. DOI financial section is explicit in stating it applies DOI made no changes to the proposed assistance is typically offered to States, for-profit entities, paragraphs (a) and (c). rule in response to this comment. local governments and not-for-profit Paragraph (b) does not state for-profit IV. Conclusion institutions. It does not affect business entities explicitly, so does this mean relationships, employment, investment, DOI reviewed and considered the this paragraph is for all recipients, productivity, innovations, or the ability comments received, and determined to regardless of whether it is for-profit or of U.S.-based enterprises to compete adopt this final rule with the changes not? internationally. Response: Paragraph (b) applies to described and minor editorial changes. 4. Unfunded Mandates Reform Act both nonprofit and for-profit recipients. V. Required Determinations The DOI believed it was clear that both This rule: the for-profit and non-profit entities 1. Regulatory Planning and Review (a) Does not impose an unfunded were covered by this provision, but to (Executive Orders 12866 and 13563) mandate on State, local, or tribal be explicit, introductory text was added Executive Order (E.O.) 12866 provides governments or the private sector of as follows: ‘‘The following financial that the OMB’s Office of Information more than $100 million per year.
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(b) Does not have a significant or policy and under the criteria in E.O. List of Subjects in 2 CFR Part 1402 unique effect on State, local, or tribal 13175 and have determined that it has governments, or the private sector. no substantial direct effect on federally Accounting, Administrative practice (c) This regulation clarifies the recognized Indian tribes and that and procedure, Adult education, Aged, applicability of two existing consultation under the Department’s Agriculture, American Samoa, Bilingual regulations—the regulatory requirement tribal consultation policy is not education, Blind, Business and for reporting under 2 CFR 200.329— required. industry, Civil rights, Colleges and Reporting on Real Property, and the universities, Communications, 9. Paperwork Reduction Act, 44 U.S.C. regulatory language establishing use of Community development, Community 3501, et seq. the Uniform Appraisal Standards for facilities, Copyright, Credit, Cultural Federal Land Acquisitions (UASFLA or This regulation will require the use of exchange programs, Educational ‘‘Yellow Book’’) standard under 49 CFR the SF 429 to fulfill the requirement in facilities, Educational research, 24.103—to financial assistance actions 2 CFR 200.329. Each Bureau will submit Education, Education of disadvantaged, at the Department of the Interior. This a request for common form usage to the Education of individuals with regulation establishes a permitted Office of Management and Budget for disabilities, Educational study standard for appraisals under 49 CFR use of SF 429—Real Property Status programs, Electric power, Electric 24.103 and specifies the required timing Report—Cover Page, SF 429A—Real power rates, Electric utilities, increments of reports under 2 CFR Property Status Report—Attachment Elementary and secondary education, 200.329. A—General Reporting, and SF 429B— Energy conservation, Equal educational A statement containing the Real Property Status Report— opportunity, Federally affected areas, information required by the Unfunded Attachment B—Request to Acquire, Government contracts, Grant programs, Mandates Reform Act (2 U.S.C. 1531 et Improve, or Furnish. Grant programs—agriculture, Grant seq.) is not required. 10. National Environmental Policy Act programs—business, Grant programs— 5. Takings (E.O. 12630) communications, Grant programs— This rule does not constitute a major education, Grant programs—energy, Under the criteria in section 2 of E.O. Federal action significantly affecting the 12630, this rule does not have Grant programs—health, Grant quality of the human environment. A programs—housing and community significant takings implications. It does detailed statement under the National not impose any obligations on the development, Grant programs—social Environmental Policy Act of 1969 programs, Grants administration, Guam, public that would result in a taking. A (NEPA) is not required. Pursuant to Home improvement, Homeless, takings implication assessment is not Department Manual 516 DM 2.3A(2), Hospitals, Housing, Human research required. section 1.10 of 516 DM 2, Appendix 1 subjects, Incorporation by reference, 6. Federalism (E.O. 13132) excludes from documentation in an Indians, Indians—education, Infants Under the criteria in section 1 of E.O. environmental assessment or impact statement ‘‘policies, directives, and children, Insurance, 13132, this rule does not have sufficient Intergovernmental relations, federalism implications to warrant the regulations and guidelines of an administrative, financial, legal, International organizations, Inventions preparation of a federalism summary and patents, Loan programs, Loan impact statement. This is because it will technical or procedural nature; or the environmental effects of which are too programs social programs, Loan not substantially and directly affect the programs—agriculture, Loan programs— relationship between the Federal and broad, speculative or conjectural to lend themselves to meaningful analysis and business and industry, Loan programs— State governments. Accordingly, a communications, Loan programs— federalism summary impact statement is will be subject to the NEPA process, either collectively or case-by-case.’’ energy, Loan programs—health, Loan not required. programs—housing and community 7. Civil Justice Reform (E.O. 12988) 11. Effects on the Energy Supply (E.O. development, Manpower training 13211) This rule complies with the programs, Migrant labor, Mortgage requirements of E.O. 12988. This rule is not a significant energy insurance, Nonprofit organizations, Specifically, this rule: action under the definition in E.O. Northern Mariana Islands, Pacific (a) Meets the criteria of section 3(a) of 13211; therefore, a Statement of Energy Islands Trust Territories, Privacy, this E.O. requiring that all regulations be Effects is not required. Renewable energy, Reporting and recordkeeping requirements, Rural reviewed to eliminate errors and 12. Plain Language ambiguity and be written to minimize areas, Scholarships and fellowships, litigation; and DOI is required by section 1(b)(12) of School construction, Schools, Science (b) Meets the criteria of section 3(b)(2) E.O. 12866 and Section 3(b)(1)(B) of and technology, Securities, Small of this E.O. requiring that all regulations E.O. 12988 and by the Presidential businesses, State and local governments, be written in clear language and contain Memorandum of June 1, 1998, to write Student aid, Teachers, clear legal standards. all rules in plain language. This means Telecommunications, Telephone, Urban that this rule: 8. Consultation With Indian Tribes (E. areas, Veterans, Virgin Islands, O. 13175) (a) Is logically organized; Vocational education, Vocational (b) Uses the active voice to address rehabilitation, Waste treatment and The Department of the Interior strives readers directly; disposal, Water pollution control, Water to strengthen its government-to- (c) Uses common, everyday words resources, Water supply, Watersheds, government relationship with Indian Women. tribes through a commitment to and clear language rather than jargon; consultation and recognition of their (d) Is divided into short sections and For the reasons set forth in the right to self-governance and tribal sentences; and preamble, the Department of the Interior sovereignty. DOI has evaluated this rule (e) Uses lists and tables wherever revises 2 CFR part 1402 to read as under the Department’s consultation possible. follows:
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PART 1402—FINANCIAL ASSISTANCE relationship involving the provision of (c) This part extends 2 CFR part 200, INTERIOR REGULATION, personal services by the employee, subparts A through E, policies and SUPPLEMENTING THE UNIFORM whether to be undertaken at the same procedures to foreign public entities and ADMINISTRATIVE REQUIREMENTS, time as, or subsequent to Federal foreign organizations as allowed by 2 COST PRINCIPLES, AND AUDIT employment. It includes but is not CFR 200.101, except as indicated REQUIREMENTS FOR FEDERAL limited to personal services as an throughout this part. AWARDS officer, director, employee, agent, attorney, consultant, contractor, general § 1402.101 To whom does this part apply? Subpart A—Definitions partner, or trustee of the other (a) This part applies to all DOI grant- Sec. organization. making activities and to any non- 1402.1 Definitions. Federal entity that applies for, receives, 1402.2 Employment. § 1402.3 Financial Assistance Officer. operates, or expends funds from a DOI 1402.3 Financial Assistance Officer. Financial Assistance Officer means a Federal award after October 29, 2019, 1402.4 Foreign entity. person with the authority to enter into, unless otherwise authorized by Federal 1402.5 Non-Federal entity. administer, and/or terminate financial statute. 1402.6 Real property. assistance awards (including grants and (b) This part applies to foreign entity Subpart B—General Provisions cooperative agreements); and make applicants and recipients, except where 1402.100 Purpose. related determinations and findings. the DOI office or bureau determines that 1402.101 To whom does this part apply? the application of this part would be § 1402.4 Foreign entity. 1402.102 Are there any exceptions to this inconsistent with the international part? Foreign entity means both ‘‘foreign obligations of the United States or the 1402.103 What other policies or procedures public entity’’ and ‘‘foreign statutes or regulations of a foreign must non-Federal entities follow? organization,’’ as defined in 2 CFR government (see § 1402.102). 1402.104–1402.111 [Reserved] 200.46 and 200.47. 1402.112 What are the conflict of interest (1) Foreign entities are subject to the policies? § 1402.5 Non-Federal entity. definitions and requirements in 2 CFR 1402.113 What are the mandatory Non-Federal entity means a State, part 200, subparts A through E, and as disclosure requirements? local government, Indian tribe, supplemented by this part. In addition 1402.114–1402.203 [Reserved] institution of higher education (IHE), to the general requirements in 2 CFR Subpart C—Pre-Federal Award for-profit entity, or nonprofit part 200, foreign entities must follow Requirements and Contents of Federal organization that carries out a Federal the special considerations and Awards award as a recipient or subrecipient. requirements for different classes of 1402.204 What are the merit review recipients in subparts A through E as requirements for competitive awards? § 1402.6 Real property. follows, unless otherwise instructed in 1402.205 [Reserved] Real property has the same meaning this part: 1402.206 What are the FAIR requirements as set forth in 2 CFR 200.85, except that (i) Foreign public entities are to for domestic for-profit entities? the definition in this section also follow those for States, with the 1402.207 What specific conditions apply? applies to legal ownership interests in exception of the State payment 1402.208–1402.299 [Reserved] land such as easements. procedures in 2 CFR 200.305(a). Foreign Subpart D—Post Federal Award public entities must follow the payment Requirements Subpart B—General Provisions procedures for non-Federal entities other than States; 1402.300 What are the statutory and § 1402.100 Purpose. national policy requirements? (ii) Foreign nonprofit organizations 1402.301–1402.314 [Reserved] (a) The Uniform Administrative are to follow those for nonprofits; and 1402.315 What are the requirements for the Requirements, Cost Principles, and (iii) Foreign higher education availability of data? Audit Requirements for Federal Awards institutions are to follow those for 1402.316–1402.328 [Reserved] set forth in 2 CFR part 200 apply to the Institutions of Higher Education (IHEs). 1402.329 What are the requirements for Department of the Interior. This part (2) [Reserved] land acquired under an award? adopts, as the Department of the Interior 1402.330–1402.413 [Reserved] (DOI) policies and procedures, the § 1402.102 Are there any exceptions to 1402.414 What are the negotiated indirect Office of Management and Budget’s this part? cost rate deviation policies? (OMB) Uniform Administrative (a) Awards made in accordance with 1402.415–1402.999 [Reserved] Requirements, Cost Principles, and the Indian Self-Determination and Authority: 5 U.S.C. 301 and 2 CFR part Audit Requirements set forth in 2 CFR Education Assistance Act (Pub. L. 93– 200. part 200. The Uniform Guidance applies 638, 88 Stat. 2204), as amended, are governed by 25 CFR parts 900 and 1000, Subpart A—Definitions in full except as stated in this part. (b) This part establishes DOI financial and by 2 CFR part 200, subparts E and § 1402.1 Definitions. assistance regulations that implement or F. The definitions in this subpart are for supplement the OMB’s Uniform (b) Exceptions for individual foreign terms used in this part. For terms used Guidance. It is designed to ensure that entities to the requirements in this part in this part that are not defined, the financial assistance is administered in may be authorized by the Director, definitions in 2 CFR part 200 apply. full compliance with applicable law, Office of Grants Management. Such Different definitions may be found in regulation, policy, and best practices to exceptions must be made in accordance Federal statutes or regulations that ensure the American people get the with written bureau or office policy and apply more specifically to particular most value from the funds DOI awards procedures. programs or activities. on financial assistance. For (1) Foreign entities must request any supplemental guidance, DOI has exception to a requirement established § 1402.2 Employment. adopted section numbering that in this part in writing. Such requests Employment includes any form of corresponds to related OMB guidance in must be submitted to the funding non-Federal employment or business 2 CFR part 200. bureau or office by an authorized
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official of the foreign entity, and must § § 1402.104–1402.111 [Reserved] Federal entities, including applicants provide sufficient pertinent background for all Federal awards, must disclose in § 1402.112 What are the conflict of interest information, including: policies? writing any potential or actual conflict of interest to the DOI awarding agency (i) Identification of the requirement This section shall apply to all non- or pass-through entity. Non-Federal under this part that is inconsistent with Federal entities. NOFOs and financial entities and applicants must also an in-country statute or regulation to assistance awards must include the full disclose any outstanding unresolved which the foreign entity is subject; text of the conflict of interest provisions matters with the Government (ii) A complete description of the in- in paragraphs (a) through (e) of this Accountability Office or an Office of country statute or regulation, including section. Inspector General when submitting a a description of how it prohibits or (a) Applicability. (1) This section proposal and through the life of the otherwise limits the foreign entity’s intends to ensure that non-Federal award as needed. Unresolved items are ability to comply with the identified entities and their employees take those items that do not have an requirement under this part; and appropriate steps to avoid conflicts of approved (by the awarding agency) interest in their responsibilities under or (iii) Identification of the entity’s corrective action plan in place and with respect to Federal financial name, DOI award(s) affected, and point remain open. of contact for the request. assistance agreements. (2) The Director, Office of Grants (2) In the procurement of supplies, § § 1402.114–1402.203 [Reserved] Management may approve exceptions equipment, construction, and services Subpart C—Pre-Federal Award for individual foreign entities to the by recipients and by subrecipients, the Requirements and Contents of Federal requirements of this part only when it conflict of interest provisions in 2 CFR 200.318 apply. Awards has been determined that the (b) Notification. (1) Non-Federal requirement to be waived is inconsistent entities, including applicants for § 1402.204 What are the merit review with either the international obligations financial assistance awards, must requirements for competitive awards? of the United States or the statutes or disclose in writing any conflict of The requirements in this section regulations of a foreign government. interest to the DOI awarding agency or apply to competitive grants and Bureaus and offices will communicate pass-through entity in accordance with cooperative agreements unless exception request decisions to the 2 CFR 200.112. otherwise authorized by Federal statute. requesting entity in writing. (2) Recipients must establish internal Merit review procedures must be (3) Submissions by public controls that include, at a minimum, described or incorporated by reference international organization submissions procedures to identify, disclose, and in NOFOs (see 2 CFR part 200, appendix of any assurances, certifications or mitigate or eliminate identified conflicts I, and 2 CFR 200.203). Pre-award representations required for and related of interest. The recipient is responsible considerations for both discretionary to a Federal award do not constitute a for notifying the Financial Assistance competitive and noncompetitive awards waiver of immunities provided under Officer in writing of any conflicts of shall take into account the alignment of the International Organizations interest that may arise during the life of the award’s purpose, goals, and Immunities Act (22 U.S.C. 288–288f). the award, including those that have measurement with the current DOI (4) Foreign entities are not subject to been reported by subrecipients. Government Performance and Results the following requirements in 2 CFR (c) Restrictions on lobbying. Non- Act Strategic Plan including, the part 200: Federal entities are strictly prohibited mission statement, vision, values, goals, objectives, strategies, and performance (i) Foreign entities may be subject to from using funds under a grant or metrics therein, unless otherwise other applicable international or in- cooperative agreement for lobbying activities and must provide the required prohibited by statute. country alternatives to generally (a) Competition in grant and accepted accounting principles (GAAP), certifications and disclosures pursuant to 43 CFR part 18 and 31 U.S.C. 1352. cooperative agreement awards. such as the International Financial Competition is expected in awarding Reporting Standards (IFRS). See 2 CFR (d) Review procedures. The Financial Assistance Officer will examine each discretionary funds, unless otherwise 200.403, Factors affecting allowability of directed by Congress. When grants and costs; conflict of interest disclosure on the basis of its particular facts and the cooperative agreements are awarded (ii) 2 CFR 200.321, Contracting with nature of the proposed grant or competitively, DOI requires that the small and minority businesses, women’s cooperative agreement, and will competitive process be fair and business enterprises, and labor surplus determine whether a significant impartial, that all applicants be area firms; and potential conflict exists and, if it does, evaluated only on the criteria stated in (iii) Section 6002 of the Solid Waste develop an appropriate means for the announcement, and that no Disposal Act. See 2 CFR 200.322, resolving it. applicant receive an unfair competitive Procurement of recovered materials. (e) Enforcement. Failure to resolve advantage. All competitive funding announcements, and all modifications/ § 1402.103 What other policies or conflicts of interest in a manner that satisfies the government may be cause amendments to those announcements, procedures must non-Federal entities must be posted on Grants.gov follow? for termination of the award. Failure to make required disclosures may result in (www.grants.gov). Non-Federal entities must follow any of the remedies described in 2 CFR (b) Independent objective evaluation bureau or office policies and procedures 200.338, Remedies for noncompliance, of financial assistance applications and as communicated in notices of funding including suspension or debarment (see proposals. Bureaus and offices must opportunity (NOFOs) and award terms also 2 CFR part 180). conduct reviews of applications and conditions. In the event such submitted in response to the policies or procedures conflict with 2 § 1402.113 What are the mandatory announcement and for selecting CFR part 200 or this part, 2 CFR part disclosure requirements? applicants for award following 200 or this part will supersede, unless In addition to the disclosures required established merit review procedures. otherwise authorized by Federal statute. under 2 CFR 200.112 and 200.113, non- Bureaus and offices must conduct
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comprehensive, impartial, and objective application submission. Applications proposals (or abstracts) to DOI; and review of applications based on the that are submitted beyond the unless authorized by the Financial criteria contained in the announcement announced deadline date must be Assistance Officer or agency designee, by individuals who have no conflicts of removed from the review process. the reviewer shall not contact the non- interest with respect to the competing (g) Threshold Screening. Bureaus and Federal entity concerning any aspect of proposal/applications or applicants. offices are responsible for screening the application. Bureaus and offices must ensure applications and proposals for the reviewers are qualified, applications are adequacy of the budget and compliance § 1402.205 [Reserved] scored on the basis of announced with statutory and other requirements. § 1402.206 What are the FAIR criteria, consideration is given to the The SF–424 and budget information requirements for domestic for-profit level of applicant risk and past (SF–424A, SF–424C, or OMB-approved entities? performance, applications are ranked, alternate budget data collection) must be (a) Requirements for domestic for- and funding determinations are made. reviewed according to Department of profit entities. (1) Section 1402.207(a) (c) Evaluation and Selection Plan for the Interior policy. contains standard award terms and notice of funding opportunities. Bureaus (h) Merit Review Evaluation conditions that always apply to for- and offices must develop an Evaluation Screening. This is the final review stage profit entities and § 1402.207(b) and Selection Plan in concert with the where the technical merit of the contains terms that apply to sub-awards notice of funding opportunity to ensure application/proposal is reviewed. In the or contracts with for-profit entities over absence of a program rule or statutory consistency, and to outline and the simplified acquisition threshold. requirement, program officials shall document the selection process. The Bureaus and offices must incorporate develop criteria that include all aspects Evaluation and Selection Plan should be into awards to domestic for-profit of technical merit. Bureaus and offices finalized prior to the release of the organizations the award terms and shall develop criteria that are notice of funding opportunity. An conditions that always apply, either conceptually independent of each other, Evaluation and Selection Plan is directly or by reference. comprised of five basic elements: but all-encompassing when taken (2) Bureaus and offices may apply the together. While criteria will vary, the (1) Merit review factors and sub- administrative guidelines in subparts A basic criteria shall focus reviewers’ factors; through D of 2 CFR part 200, the cost attention on the project’s underlying (2) A rating system (e.g., adjectival, principles at 48 CFR part 31, subpart merit (i.e., significance, approach, and color coding, numerical, or ordinal); 31.2, and the procedures for negotiating (3) Evaluation standards or feasibility). The criteria shall focus not indirect costs (detailed in § 1402.414) to descriptions that explain the basis for only on the technical details of the domestic for-profit entities. assignment of the various rating system proposed project but also on the broader (3) Depending on the nature of a importance or potential impact of the grades/scores; particular program, offices and bureaus (4) Program policy factors; and project. The criteria shall be easily may additionally develop program- (5) The basis for selection. understood. (d) Basic review standards. Bureaus (i) Risk assessments. Bureaus and specific administrative guidelines for and offices must initially screen offices must also consider risk domestic for-profits based on the applications/proposals to ensure that thresholds during application/proposal requirements in 2 CFR part 200, they meet the standards in paragraphs review process. Elements to be subparts A through D, but may not (e) through (g) of this section before they considered may include organization; apply more restrictive requirements are subjected to a detailed evaluation single audit submissions, past than the requirements in 2 CFR part utilizing a merit review process performance; availability of necessary 200, subparts A through D, unless specified in paragraph (h) of this resources, equipment, or facilities; approved by OMB through a request to section. The review system should financial strength and management the Director, Office of Grants include three phases: Initial Screening, capabilities; and procurement Management. Threshold Screening, and a Merit procedures; or procedures for selecting (b) Requirements for award terms and Review Evaluation Screening. Bureaus and monitoring subrecipients or sub- conditions. Bureau and office award and offices may remove an application vendors, if applicable. For all non- terms and conditions must be managed from funding consideration if it does not Federal entities that receive an award, in accordance with the requirements in pass the basic eligibility screening per the Financial Assistance Officer must 2 CFR 200.210, Information contained paragraphs (e) through (g) of this document the risk analysis. in a Federal award. section. (j) Requirements for proposal § 1402.207 What specific conditions (e) Completeness. Bureaus and offices evaluators. Upon receipt of a apply? may return applications/proposals that Memorandum of Appointment, each (a) The following financial assistance are incomplete or otherwise fail to meet proposal evaluator and advisor must award terms and conditions always the requirements of the Grants.gov sign and return a Conflict of Interest apply to domestic for-profit entities: announcement to the applicant to be Certificate to the Financial Assistance (1) 2 CFR part 25, Universal Identifier corrected, modified, or supplemented, Officer. If an actual or potential conflict and System for Award Management. or may reject the application/proposal of interest exists, the appointee may not (2) 2 CFR part 170, Reporting outright. Until the application/proposal evaluate or provide advice on a Subawards and Executive meets the substantive requirements of potential applicant’s proposal until the Compensation Information. the announcement and this part, it shall conflict has been resolved or mitigated. (3) 2 CFR part 175, Award Term for not be given detailed evaluation. Further, each proposal evaluator or Trafficking in Persons. Bureaus and offices may use discretion advisor must agree to comply with any (4) 2 CFR part 1400, government-wide to determine the length of time for notice or limitation placed on the debarment and suspension (non- applicants to resolve application application. Upon completion of the procurement). deficiencies. review, the proposal evaluator or (5) 2 CFR part 1401, Requirements for (f) Timeliness. Bureaus and offices advisor shall return or destroy all copies Drug-Free Workplace (Financial must consider the timeliness of the of the application and accompanying Assistance).
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(6) 43 CFR part 18, New Restrictions Business Center (IBC) Indirect Cost (e) Foreign entities are responsible for on Lobbying. Submission of an Services Division by telephone at (916) complying with all requirements of the application also represents the 566–7111 or by email at [email protected]. Federal award. For awards to foreign applicant’s certification of the Visit the IBC Indirect Cost Services entities, this includes: statements in 43 CFR part 18, appendix Division website at http://www.doi.gov/ (1) 2 CFR part 25, Universal Identifier A, Certification Regarding Lobbying. ibc/services/Indirect_Cost_Services/ and System for Award Management, (7) 41 U.S.C. 4712, Whistleblower index.cfm for more information. unless the entity meets one or more Protection for Contractor and Grantee qualifying conditions and is exempted Employees. The requirement in this § § 1402.208–1402.399 [Reserved] by the awarding bureau or office as paragraph (a)(7) applies to all awards provided for in 2 CFR part 25; Subpart D—Post Federal Award (2) 2 CFR part 170, Reporting issued after July 1, 2013. Requirements (8) 41 U.S.C. 6306, Prohibition on Subaward and Executive Compensation Members of Congress Making Contracts § 1402.300 What are the statutory and Information; with the Federal Government. No national policy requirements? (3) 2 CFR part 175, Award Term for Trafficking in Persons. This term is member of or delegate to the United (a) DOI bureaus and offices will required in awards to foreign private States Congress or Resident communicate to the non-Federal entity entities. The term is also required in Commissioner shall be admitted to any all relevant public policy requirements, awards to foreign public entities, if share or part of this award, or to any including those in general funding could be provided under the benefit that may arise therefrom; this appropriations provisions, and award to a foreign private entity as a paragraph (a)(8) shall not be construed incorporate them either directly or by subrecipient; to extend to an award made to a reference in the terms and conditions of corporation for the public’s general (4) 2 CFR part 1400, Nonprocurement the Federal award. Debarment and Suspension. Awards to benefit. (b) The non-Federal entity is (9) Executive Order 13513, Federal foreign organizations are covered responsible for complying with all transactions under the DOI Leadership on Reducing Text Messaging requirements of the Federal award. For while Driving. Recipients are nonprocurement debarment and all Federal awards, this includes the suspension program. Awards to foreign encouraged to adopt and enforce provisions of Federal Funding policies that ban text messaging while public entities are not covered Accountability and Transparency Act transactions; driving, including conducting initiatives (FFATA), which includes requirements of the type described in section 3(a) of (5) 43 CFR part 18, New Restrictions on executive compensation, and also on Lobbying. Foreign entities shall file the Executive Order. requirements implementing the FFATA (b) The following financial assistance the 43 CFR part 18, appendix A, for the non-Federal entity at 2 CFR part award terms and conditions always certification, and a disclosure form, if 25, financial assistance use of universal apply to non-profit and domestic for- required, with each application for identifier and system for award profit entities. The recipient shall insert Federal assistance. See also 31 U.S.C. management, and 2 CFR part 170, the following clause in all subawards 1352, Limitation on use of appropriated Reporting Subaward and Executive and contracts related to the prime award funds to influence certain Federal Compensation Information. See also that are over the simplified acquisition contracting and financial transactions; statutory requirements for threshold, as defined in the Federal and whistleblower protections at 10 U.S.C. (6) Public Law 113–235 (128 Stat. Acquisition Regulation: 2409, 41 U.S.C. 4712, and 10 U.S.C. 2391, Dec. 16, 2014). Federal award All awards and related subawards and 2324, 41 U.S.C. 4304 and 4310. recipients are prohibited from requiring contracts over the Simplified Acquisition (c) Recipients conducting work employees or contractors seeking to Threshold, and all employees working on outside the United States are report fraud, waste, or abuse to sign applicable awards and related subawards and contracts, are subject to the whistleblower responsible for coordinating with internal confidentiality agreements or rights and remedies in accordance with the appropriate United States and foreign statements prohibiting or otherwise pilot program on award recipient employee government authorities as necessary to restricting such employees or whistleblower protections established at 41 make sure all required licenses, permits, contractors from lawfully reporting such U.S.C. 4712 by section 828 of the National or approvals are obtained before waste, fraud, or abuse to a designated Defense Authorization Act for Fiscal Year undertaking project activities. DOI does investigative or law enforcement 2013 (Pub. L. 112–239). not assume responsibility for recipient representative of a Federal department Recipients, their subrecipients and compliance with the laws, regulations, or agency authorized to receive such contractors that are awarded contracts over policies, or procedures of the foreign information. the Simplified Acquisition Threshold related country in which the work is to an applicable award, shall inform their §§ 1402.301–1402.314 [Reserved] employees, in writing, in the predominant conducted. language of the workforce, of the employee (d) As required in 54 U.S.C. 307101, § 1402.315 What are the requirements for whistleblower rights and protections under World Heritage Convention, prior to the availability of data? 41 U.S.C. 4712. approval of any undertaking outside the (a) All data, methodology, factual (c) The following award terms and United States that may directly and inputs, models, analyses, technical conditions apply to for-profit recipients adversely affect a property that is on the information, reports, conclusions, as specified in 2 CFR 200.101: World Heritage List or on the applicable valuation products or other scientific (1) Administrative requirements: 2 country’s equivalent of the National assessments in any medium or form, CFR part 200, subparts A through D. Register of Historic Places, the DOI including textual, numerical, graphic, (2) Cost principles: 48 CFR part 31, bureau or office having direct or indirect cartographic, narrative, or audiovisual, subpart 31.2, Contracts with jurisdiction over the undertaking shall resulting from a financial assistance Commercial Organizations. take into account the effect of the agreement is available for use by the (3) Indirect cost rate negotiations. For undertaking on the property for Department of the Interior, including information on indirect cost rate purposes of avoiding or mitigating any being available in a manner that is negotiations, contact the Interior adverse effect. sufficient for independent verification.
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(b) The Federal Government has the policy across the Department. Bureaus or office a detailed explanation of the right to: and offices shall ensure that funds are methodology used to determine value. (1) Obtain, reproduce, publish, or not disbursed for purchases of land or (d) Requirements for recipient otherwise use the data, methodology, interests in land without an appraisal reporting on real property purchases. (1) factual inputs, models, analyses, accompanied by a written appraisal For all financial assistance actions technical information, reports, review report that complies with where real property is acquired under conclusions, or other scientific standards approved by AVSO. Where the Federal award, the recipient must assessments, produced under a Federal appraisals are required to support submit reports on the status of the real award; and federally assisted land acquisitions, property. Bureaus and offices must (2) Authorize others to receive, AVSO has oversight responsibilities for ensure recipients receive written reproduce, publish, or otherwise use these appraisals, including those notification of those reporting such data, methodology, factual inputs, purchased through financial assistance requirements, including reporting models, analyses, technical information, actions in the various grant programs frequency/schedule, report content reports, conclusions, or other scientific within the Department. AVSO will requirements, and submission assessments, for Federal purposes, coordinate with grant programs to instructions, at the time of award. including to allow for meaningful third- conduct periodic internal control review (2) If the interest in the land will be party evaluation. of appraisal and appraisal review held for less than 15 years, reports must (c) Bureaus and offices of the reports prepared in conjunction with be submitted annually. If the interest in Department of the Interior must include grant applications for land acquisition. the land will be held for 15 years or the language in paragraphs (a) and (b) of (2) The Director of the Federal more, then the recipient must submit this section in full text in all NOFOs Register approves the material the first report within one year of the and financial assistance agreements. referenced in this section for period of performance end date of the incorporation by reference into this award and then, at a minimum, every §§ 1402.316–1402.328 [Reserved] section in accordance with 5 U.S.C. five years thereafter. (3) The reports must be submitted to 552(a) and 1 CFR part 51. You may § 1402.329 What are the requirements for the Financial Assistance Officer within land acquired under an award? inspect a copy at the Appraisal and the period of performance of the award. Valuation Services Office within the (a) Approval prior to land purchases. After the end of the period of Department of the Interior located at Bureaus and offices must ensure performance, reports must be submitted 1849 C St. NW, Washington, DC 20240, compliance with the prior written to a designated individual. Each bureau approval requirements for land (202) 208–3466, or at the National must have a process in place to acquisition in 2 CFR 200.439. Whenever Archives and Records Administration designate specific individuals to a recipient is seeking DOI’s approval to (NARA). For information on the receive, and review and accept the use award funds to purchase an interest availability of this material at NARA, report. in real property, the OMB-approved email [email protected] or go to (4) Recipients must use the OMB- governmentwide data elements for www.archives.gov/federal-register/cfr/ approved governmentwide data collection of real property reporting ibr-locations.html. elements for collection of real property information, as of October 29, 2019, SF– (i) Interagency Land Acquisition reporting information, as of October 29, 429–B, Request to Acquire, Improve, or Conference, 1155 15th Street NW, Suite 2019, the Real Property Status Report Furnish, or approved alternate 1111, Washington, DC 20005. Standard Form (SF) 429–A, General standardized data collection, must be (A) Uniform Appraisal Standards for Reporting, to report status of land or submitted to the bureau or office. The Federal Land Acquisitions, Sixth interests in land under Federal financial Financial Assistance Officer is Edition, 2016. assistance awards. Bureaus or offices responsible for ensuring that this (B) You may obtain a print copy or may request to use an equivalent requirement is met. All aspects of the interactive electronic version from The reporting format. The Director, Office of purchase must be in compliance with Appraisal Foundation at https:// Grants Management must approve applicable laws and regulations relating www.appraisalfoundation.org/iMIS/ alternate equivalent formats. to purchases of land or interests in land. itemDetail?iProduct (5) Reports must include, at a (b) Appraisal requirements for land Code=351&Category=PUB or a read-only minimum, sufficient information to purchases. (1) Unless a waiver valuation version from the U.S. Department of demonstrate that all conditions imposed applies in accordance with 49 CFR Justice at https://www.justice.gov/file/ on the land use are being met, and a 24.102(c), land or interests in land that 408306/download. signed certification to that fact by the will be acquired under the award must (ii) [Reserved] recipient of the financial assistance be appraised in accordance with the (c) Foreign land acquisition. Land to award. Uniform Appraisal Standards for be acquired under an award that is (6) The Financial Assistance Officer Federal Land Acquisitions, (UASFLA or located outside the United States must must indicate the reporting schedule, the ‘‘Yellow Book’’), developed and be appraised by an independent real including due dates, in the award promulgated by the Interagency Land property appraiser licensed or certified document. The schedule must conform Acquisition Conference, 1155 15th in the country in which the property is with the frequency required in Street NW, Suite 1111, Washington, DC located in accordance with any in- paragraph (d)(2) of this section. For 20005, by a real property appraiser country appraisal standards, if they awards issued prior to October 29, 2019, licensed or certified by the State or exist, or with International Valuation the recipient must contact the program States in which the property is located. Standards, when such appraisals are to establish due dates for reports going The appraisal report shall be reviewed available and financially feasible. forward. If there is already a reporting by a qualified review appraiser that Otherwise, the non-Federal entity must schedule in place, then the recipient meets qualifications established by the use the most widely accepted business and the program shall ensure that the DOI Appraisal and Valuation Services practice for property valuation in the schedule is updated to conform with Office (AVSO), which is responsible for country where the property is located this part prior to the due date of the next appraisal and valuation services and and provide to the awarding DOI bureau scheduled report.
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§§ 1402.330–1402.413 [Reserved] negotiated indirect cost rate is being DEPARTMENT OF HOMELAND applied under the agreement in order to § 1402.414 What are the negotiated SECURITY indirect cost rate deviation policies? meet the terms and conditions of the award. 6 CFR Part 5 (a) This section establishes DOI (3) Programmatic indirect cost rate [Docket No. DHS–2019–0031] policies, procedures, and decision deviation approval process. Bureaus making criteria for using an indirect cost and offices with DOI approved Privacy Act of 1974: Implementation of rate that differs from the non-Federal deviations in place prior to October 29, Exemptions; Department of Homeland entity’s negotiated rate or approved rate 2019 are not required to resubmit those Security U.S. Immigration and for DOI awards. These are established in for reconsideration following the Customs Enforcement–016 FALCON accordance with 2 CFR 200.414(c)(3) or procedures in this paragraph (d)(3). The Search and Analysis System of (f). following requirements apply for Records (b) DOI accepts indirect cost rates that review, approval, and posting of have been reduced or removed AGENCY programmatic indirect cost rate waivers: : U.S. Immigration and Customs voluntarily by the proposed recipient of (i) Program qualifications. Programs Enforcement, U.S. Department of the award, on an award-specific basis. that have instituted a program-wide Homeland Security. (c) For all deviations to the Federal requirement and governance process for ACTION: Final rule. negotiated indirect cost rate, including deviations from federally negotiated statutory, regulatory, programmatic, and SUMMARY: The Department of Homeland indirect cost rates may qualify for a voluntary, the basis of direct costs Security (DHS) is issuing a final rule to programmatic deviation approval. against which the indirect cost rate is amend its regulations to exempt (ii) Deviation requests. Deviation portions of an updated and reissued applied must be: requests must be submitted by the (1) The same base identified in the system of records titled, ‘‘Department of responsible senior program manager to recipient’s negotiated indirect cost rate Homeland Security/U.S. Immigration the DOI Office of Grants Management. agreement, if the recipient has a and Customs Enforcement–016 The request for deviation approval must federally negotiated indirect cost rate FALCON Search and Analysis System of include a description of the program, agreement; or Records’’ from certain provisions of the and the governance process for (2) The Modified Total Direct Cost Privacy Act. Specifically, the negotiating and/or communicating to (MTDC) base, in cases where the Department exempts portions of this recipients the indirect cost rate recipient does not have a federally system of records from one or more requirements under the program. The negotiated indirect cost rate agreement provisions of the Privacy Act because of program must make its governance or, with prior approval of the awarding criminal, civil, and administrative documentation, rate deviations, and bureau or office, when the recipient’s enforcement requirements. other program information publicly federally negotiated indirect cost rate DATES: This final rule is effective August available. agreement base is only a subset of the 30, 2019. (iii) Approvals. Programmatic MTDC (such as salaries and wages) and FOR FURTHER INFORMATION CONTACT: For deviations must be approved, in writing, the use of the MTDC still results in an general questions please contact: Jordan by the Director, Office of Grants overall reduction in the total indirect Holz, (202) 732–3300, Acting Privacy Management. Approved deviations will cost recovered. MTDC is the base Officer, Immigration and Customs be made publicly available. defined by 2 CFR 200.68, Modified Enforcement, Washington, DC 20536. (4) Voluntary indirect cost rate Total Direct Cost (MTDC). For privacy issues please contact: reduction. On any single award, an (d) In cases where the recipient does Jonathan R. Cantor (202)–343–1717, applicant and/or proposed recipient not have a federally negotiated indirect Acting Chief Privacy Officer, Privacy may elect to reduce or eliminate the cost rate agreement, DOI will not use a Office, Department of Homeland indirect cost rate applied to costs under modified rate based upon total direct Security, Washington, DC 20528. that award. The election must be cost or other base not identified in the SUPPLEMENTARY INFORMATION: voluntary and cannot be required by the federally negotiated indirect cost rate awarding official, NOFO, program, or agreement or defined within 2 CFR I. Background other non-statutory or non-regulatory 200.68. DHS U.S. Immigration and Customs (1) Indirect cost rate deviation requirements. For these award-specific Enforcement (ICE) published a notice of required by statute or regulation. In and voluntary reductions, DOI can proposed rulemaking (NPRM) in the accordance with 2 CFR 200.414(c)(1), a accept the lower rate provided the Federal Register (82 FR 20844, May 4, Federal agency must use a rate other notice of award clearly documents the 2017) proposing to exempt portions of than the Federal negotiated rate where recipient’s voluntary election. Once DOI DHS/ICE–016 FALCON Search and required by Federal statute or has accepted the lower rate, that rate Analysis (FALCON–SA) System of regulation. For such instances within will apply for the duration of the award. Records from one or more provisions of (5) Unrecovered indirect costs. In DOI, the official award file must the Privacy Act because of criminal, accordance with 2 CFR 200.405, indirect document the specific statute or civil, and administrative enforcement costs not recovered due to deviations to regulation that required the deviation. requirements. This system of records (2) Indirect cost rate reductions used the federally negotiated rate are not was published concurrently in the as cost-share. Instances where the allowable for recovery via any other Federal Register (82 FR 20905, May 4, recipient elects to use a rate lower than means. 2017), and DHS sought comments on the federally negotiated indirect cost §§ 1402.415–1402.499 [Reserved] both the NPRM and System of Records rate, and uses the balance of the Notice (SORN). It should be noted that unrecovered indirect costs to meet a Scott J. Cameron, the NPRM was over-inclusive regarding cost-share or matching requirement Principal Deputy Assistant Secretary for Privacy Act exemptions. This final rule required by the program and/or statute, Policy Management and Budget. appropriately limits the exemptions to are not considered a deviation from 2 [FR Doc. 2019–18650 Filed 8–29–19; 8:45 am] what is permitted under the Privacy CFR 200.414(c), as the federally BILLING CODE 4334–63–P Act.
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Basis and Purpose of Regulatory Action from any individuals.1 Further, to performed by a FALCON–SA user ensure that all information ingested into require ICE supervisory approval. In finalizing this rule, DHS exempts FALCON–SA is collected appropriately, FALCON–SA also implements extensive portions of the updated and reissued all users complete FALCON–SA training auditing of user actions in the system. FALCON Search and Analysis that includes rules of behavior, The system automatically maintains an (FALCON–SA) system of records from appropriate use of system data, audit log, and any attempt to access one or more provisions of the Privacy uploading and tagging records, information outside of the user’s Act. ICE Homeland Security disclosure and dissemination of records, permissions will be automatically Investigations (HSI) personnel use and system security. Users must flagged throughout the enterprise. User FALCON–SA to conduct research and complete training in order to receive actions are recorded and stored in audit analysis using advanced analytic tools authorization to access FALCON–SA. logs accessible to supervisors and ICE IT in support of ICE’s law enforcement All personnel who have access to the security personnel, which are searched mission. Providing an individual access ICE Network are also required to take and analyzed to ensure proper use of the to FALCON–SA records pertaining to annual privacy and security training, system. Audit data is also available to that individual could inform the subject which emphasizes the DHS Rules of ICE Office of Professional Responsibility of an ongoing or potential criminal, Behavior and other legal and policy (OPR) investigators if there is an civil, or regulatory investigation, or restrictions on user behavior. investigation into possible wrongdoing reveal investigative interest on the part One commenter indicated that by a FALCON–SA user. Additional of DHS or another agency. For these FALCON–SA collects individuals’ information on auditing and technical reasons, DHS will exempt portions of information without their consent, and controls and safeguards can be found in the FALCON–SA system of records from therefore objected generally to Privacy the FALCON–SA Privacy Impact certain provisions of the Privacy Act of Act exemptions for the FALCON–SA Assessment (PIA), available at https:// 1974. system of records. As noted above, www.dhs.gov/privacy-impact- FALCON–SA does not directly gather assessments. While ICE cannot disclose II. Public Comments information from the individual, but the specific information collected by FALCON–SA without compromising DHS received two substantive rather ingests information collected individual cases, the FALCON–SA PIA comments on the NPRM and one through existing legal processes. DHS, was published to transparently explain substantive comment on the SORN. in exempting portions of the FALCON– SA system of records from particular how information is collected, stored, NPRM provisions of the Privacy Act, is not protected, shared, and managed by the engaging in a search of any individual. system.. Both commenters stated that To the extent comments address SORN exempting the portions of the FALCON– potential impacts or concerns with SA system of records from 5 U.S.C. collection of information by other The comment received in regard to 552a(e)(1), which ensures that all systems, DHS and ICE publish SORNs the SORN can be broken down into two information collected about an and rules for all systems of records that main topics: (1) The system collects too broadly, individual ‘‘is relevant and necessary,’’ can be found at https://www.dhs.gov/ risks violating an individual’s Fourth and system-records-notices-sorns. (2) The routine uses for disclosure Amendment protection from Another commenter stated that the unreasonable search and seizure. circumvent Privacy Act safeguards and FALCON–SA System of Records allows contravene legislative intent. Further, one commenter expressed ICE personnel to collect ‘‘any concern that ‘‘collection’’ systems like Regarding the first point, the information [he or she] wants without comment suggested that FALCON–SA FALCON–SA could be considered disclosing where it came from or even collects ‘‘virtually unlimited’’ categories warrantless investigations and raise acknowledging its existence.’’ While of records. ICE developed FALCON–SA reasonable expectation of privacy DHS notes this concern, law to enhance ICE’s ability to identify, considerations. The relevance of this enforcement exemptions allow ICE apprehend, and initiate appropriate objection is unclear as generally there is personnel to retain evidentiary legal proceedings against individuals no warrant requirement for an information in the appropriate system(s) who violate criminal, civil, and investigation. Also, in the course of without public disclosure. When law administrative laws enforced by ICE. investigations into potential violations enforcement agencies share information FALCON–SA supports the investigative of federal law, the accuracy of they collect with ICE, appropriate ICE work of ICE HSI agents and criminal information obtained or introduced personnel determine whether it should research specialists by allowing them to occasionally may be unclear, or the be ingested into FALCON–SA. If search, review, upload, and analyze data information may not be strictly relevant information is ingested, ICE personnel pertinent to an investigative lead or an or necessary to a specific investigation. do not make any changes to the data, in ongoing case. While ‘‘collection’’ is not In the interests of effective law order to preserve data accuracy and an applicable concept in the context of enforcement, it is appropriate to retain integrity. Under this final rule, actions that are undertaken through all information that may aid in information that is or will be stored in FALCON–SA directly, DHS establishing patterns of unlawful FALCON–SA will be exempt from acknowledges a general risk of over- activity. disclosure so that law enforcement collection of information. In Moreover, FALCON–SA is used for investigations are not negatively circumstances when ICE directly storing, searching, analyzing, and impacted. DHS ensures that all collects information, ICE only collects visualizing volumes of existing FALCON–SA users are trained on the the minimum amount relevant and information gathered under processes proper uses of the system. All ingests necessary to further ICE’s law that are covered by their own standard enforcement mission. To that end, ICE operating procedures, policies, and 1 For more information on ingests, including an explanation of sources of information ingested into maintains information about DHS rules of behavior where applicable. It FALCON–SA, see: DHS/ICE/PIA–032 FALCON personnel, other law enforcement does not directly collect information Search & Analysis System. personnel, victims, witnesses, and other
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associated individuals who may be Agreement (MOA), or an equivalent thereunder; and national security and relevant in the course of an agreement stipulating that they will intelligence activities. The FALCON–SA investigation. ICE does not use only use DHS information consistent System of Records contains information that FALCON–SA to collect any information with the purposes for which the is collected by, on behalf of, in support of, or in cooperation with DHS and its directly from an individual or about an information was collected. components and may contain personally individual, but rather ingests Routine Use O authorizes disclosure identifiable information collected by other information collected by other systems to the media and members of the public federal, state, local, tribal, foreign, or pursuant to the limitations in their own with the prior approval of the Chief international government agencies. The privacy compliance documentation. HSI Privacy Officer, if the disclosure is a Secretary of Homeland Security has personnel determine whether the matter of legitimate public interest. Like exempted this system from the following information from other systems should all Routine Uses, disclosures are not provisions of the Privacy Act, subject to be ingested into FALCON–SA. ICE has mandatory. Media disclosures are limitations set forth in 5 U.S.C. 552a(c)(3) established system safeguards to prevent and (c)(4): (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), limited in scope and subject to (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g) the inclusion of data that does not serve restrictions and procedures located in pursuant to 5 U.S.C. 552a(j)(2). Additionally, FALCON–SA’s intended purpose, the DHS Privacy Policy Guidance the Secretary of Homeland Security has which is to support ICE HSI law Memorandum 2017–01 2 and other laws, exempted this system from the following enforcement investigations and regulations, and policies. Absent a provisions of the Privacy Act, subject to analytical activities. As stated above, waiver by the subject of the record, ICE limitations set forth in 5 U.S.C. 552a(c)(3); before being able to access FALCON– may only release information to the (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f) SA, users must first complete privacy media in those specific situations pursuant to 5 U.S.C. 552a(k)(2). Exemptions and information security training that detailed in the Routine Use. Similar to from these particular subsections are includes appropriate uses of system justified, on a case-by-case basis to be other law enforcement agencies, for determined at the time a request is made, for data, uploading and tagging records, example, ICE may release the name, age, the following reasons: disclosure and dissemination of records, gender, and the summary of a criminal (a) From subsection (c)(3) and (4) and system security to mitigate any risk charge if the subject of a record has been (Accounting for Disclosures) because release resulting from the collection of this charged with a crime and that of the accounting of disclosures could alert information. Further, as stated above, information falls within ICE’s purview. the subject of an investigation of an actual or ICE also implements extensive auditing ICE may also release limited fugitive potential criminal, civil, or regulatory of user actions in the system. information, which would be beneficial violation to the existence of that investigation The commenter expressed concerns to public safety. and reveal investigative interest on the part about disclosures pursuant to routine of DHS as well as the recipient agency. After consideration of public Disclosure of the accounting would therefore uses proposed in the FALCON–SA comments, the Department will SORN. First, disclosures pursuant to the present a serious impediment to law implement the rulemaking as proposed. enforcement efforts and/or efforts to preserve routine use exception are never List of Subjects in 6 CFR Part 5 national security. Disclosure of the mandatory, but instead are at the accounting would also permit the individual discretion of the agency. Second, Freedom of information, Privacy. who is the subject of a record to impede the FALCON–SA users have a requirement For the reasons stated in the investigation, to tamper with witnesses or to document all disclosures made per preamble, DHS amends chapter I of title evidence, and to avoid detection or these routine use exceptions as well as 6, Code of Federal Regulations, as apprehension, which would undermine the disclosures made under any other follows: entire investigative process. Information on a authority. completed investigation may be withheld Specifically, the commenter PART 5—DISCLOSURE OF RECORDS and exempt from disclosure if the fact that an investigation occurred remains sensitive expressed concerns about Routine Uses AND INFORMATION H, J, and O. Routine Use H authorizes after completion. ■ (b) From subsection (d) (Access and disclosure to federal, state, local, tribal, 1. The authority citation for part 5 Amendment to Records) because access to territorial, foreign, or international continues to read as follows: the records contained in this system of agencies for background investigations. Authority: 6 U.S.C. 101 et seq.; Pub. L. records could inform the subject of an Under this Routine Use, DHS only 107–296, 116 Stat. 2135; 5 U.S.C. 301. investigation of an actual or potential shares information about individuals’ Subpart A also issued under 5 U.S.C. 552. criminal, civil, or regulatory violation to the criminal, civil, and administrative law Subpart B also issued under 5 U.S.C. 552a. existence of that investigation and reveal investigative interest on the part of DHS or violations in response to other agencies’ ■ 2. Amend appendix C to part 5 by another agency. Access to the records could background investigations. This type of adding paragraph 81 to read as follows: disclosure is limited to information that permit the individual who is the subject of was collected for law enforcement Appendix C to Part 5—DHS Systems of a record to impede the investigation, to Records Exempt From the Privacy Act tamper with witnesses or evidence, and to purposes. Limited sharing to assist in avoid detection or apprehension. law enforcement investigations is * * * * * Amendment of the records could interfere consistent with the purpose for 81. The DHS/ICE–016 FALCON Search and with ongoing investigations and law collection. Analysis (FALCON–SA) System of Records enforcement activities and would impose an Routine Use J authorizes disclosure to consists of electronic and paper records and unreasonable administrative burden by international and foreign partners in will be used by DHS and its components. The requiring investigations to be continually accordance with law and formal or FALCON–SA System of Records is a reinvestigated. In addition, permitting access informal international arrangements. repository of information held by DHS in and amendment to such information could DHS enters into formal or informal connection with its several and varied disclose security-sensitive information that information sharing agreements that are missions and functions, including the could be detrimental to homeland security. (c) From subsection (e)(1) (Relevancy and consistent with the system’s law enforcement of civil and criminal laws; investigations, inquiries, and proceedings Necessity of Information) because in the enforcement purposes. Further, course of investigations into potential information sharing partners must 2 Available at https://www.dhs.gov/publication/ violations of federal law, the accuracy of execute a Memorandum of dhs-privacy-policy-guidance-memorandum-2017- information obtained or introduced Understanding (MOU), Memorandum of 01. occasionally may be unclear, or the
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information may not be strictly relevant or DEPARTMENT OF AGRICULTURE 273). The reorganization and necessary to a specific investigation. In the redelegation of authority necessitate the interests of effective law enforcement, it is Agricultural Marketing Service transfer of corresponding regulations to appropriate to retain all information that may AMS, giving the AMS Administrator aid in establishing patterns of unlawful 7 CFR Part 735 authority to issue, maintain, and revise activity. regulations pertaining to USWA (d) From subsection (e)(2) (Collection of 7 CFR Chapter VIII programs, the Federal Grain Inspection Information from Individuals) because Service (FGIS), and P&S programs. This requiring that information be collected from 9 CFR Chapter II final rule completes the necessary the subject of an investigation would alert the transfer. subject to the nature or existence of the [Doc. No. AMS–FGIS–18–0073 FR] Overview of Changes investigation, thereby interfering with that Reorganization and Transfer of investigation and related law enforcement Regulations Currently, Title 7, Chapter VII, part activities. 735 of the Code of Federal Regulations (e) From subsection (e)(3) (Notice to AGENCY: Agricultural Marketing Service; (CFR) contains the USWA regulations, Subjects) because providing such detailed Farm Service Agency; Grain Inspection, under FSA administration. This final information could impede law enforcement Packers, and Stockyards rule transfers the USWA regulations in by compromising the existence of a Administration; USDA. part 735 to Chapter VIII of Title 7 and confidential investigation or reveal the ACTION: Final rule. redesignates them as part 869. Currently identity of witnesses or confidential Chapter VIII is titled ‘‘Grain Inspection, informants. SUMMARY: This rule transfers certain Packers and Stockyards Administration (f) From subsections (e)(4)(G), (e)(4)(H), regulations under the Farm Service (Federal Grain Inspection Service), and (e)(4)(I) (Agency Requirements) and (f) Agency (FSA) and the Grain Inspection, Department of Agriculture.’’ This final (Agency Rules), because portions of this Packers and Stockyards Administration rule revises the title of Chapter VIII to system are exempt from the individual access (GIPSA) to the Agricultural Marketing read ‘‘Agricultural Marketing Service provisions of subsection (d) for the reasons Service (AMS) to reflect changes in the (Federal Grain Inspection Service, Fair noted above, and therefore DHS is not organizational structure and delegated Trade Practices Program), Department of required to establish requirements, rules, or authorities within the United States Agriculture’’ to reflect the elimination of procedures with respect to such access. Department of Agriculture (USDA). This GIPSA and the redelegation of Providing notice to individuals with respect rule also makes corresponding revisions administrative authority for FGIS and to existence of records pertaining to them in to the regulations to reflect the USWA activities to the AMS the system of records or otherwise setting up organizational changes. This action is Administrator. The Deputy procedures pursuant to which individuals necessary to enable the AMS Administrator of AMS’s Federal Grain may access and view records pertaining to Administrator to issue, maintain, and Inspection Service oversees FGIS themselves in the system would undermine revise as necessary regulations related to activities for the Administrator, and the investigative efforts and reveal the identities programs under the AMS Deputy Administrator of AMS’s Fair of witnesses, and potential witnesses, and Administrator’s delegated authority. Trade Practices Program (FTPP) confidential informants. DATES: Effective August 30, 2019. oversees USWA activities for the (g) From subsection (e)(5) (Collection of Administrator. Information) because with the collection of FOR FURTHER INFORMATION CONTACT: Currently, Title 9, Chapter II, of the information for law enforcement purposes, it Dawana J. Clark, Legislative and CFR, titled ‘‘Grain Inspection, Packers is impossible to determine in advance what Regulatory Review Staff, Office of the and Stockyards Administration (Packers information is accurate, relevant, timely, and Administrator, AMS, USDA; Telephone: and Stockyards Programs), Department complete. Compliance with subsection (e)(5) (202) 720–7540, Fax: (202) 690–3767, or of Agriculture’’ contains the P&S would preclude DHS agents from using their Email: [email protected]. regulations. This final rule revises the investigative training and exercise of good SUPPLEMENTARY INFORMATION: In title of Chapter II to read ‘‘Agricultural judgment to both conduct and report on November 2018, the Secretary of Marketing Service (Fair Trade Practices investigations. Agriculture directed the reorganization Program), Department of Agriculture’’ to (h) From subsection (e)(8) (Notice on of several USDA agencies. The purpose reflect the elimination of GIPSA and the Individuals) because compliance would of the reorganization was to help USDA redelegation of administrative authority interfere with DHS’s ability to obtain, serve, better meet the needs of farmers, for P&S activities to the AMS and issue subpoenas, warrants, and other law ranchers, and producers, while Administrator. The Deputy enforcement mechanisms that may be filed providing improved customer service Administrator of FTPP oversees P&S under seal and could result in disclosure of and maximizing efficiency. A final rule activities for the Administrator. investigative techniques, procedures, and published November 29, 2018 (83 FR This final rule makes corresponding evidence. 61309), eliminated GIPSA as a stand- revisions to certain definitions, (j) From subsection (g) (Civil Remedies) to alone agency and amended 7 CFR part references, addresses, and telephone the extent that the system is exempt from 2 to include new delegations of numbers in 7 CFR parts 800, 868, and other specific subsections of the Privacy Act. authority from the Under Secretary for 869; and 9 CFR parts 201,202, 203, and Jonathan R. Cantor, Marketing and Regulatory Programs to 206 to reflect redelegation to the AMS Acting Chief Privacy Officer, Department of the AMS Administrator. Amended Administrator of authority over former Homeland Security. § 2.79 authorizes the AMS GIPSA and FSA programs. This rule [FR Doc. 2019–18749 Filed 8–29–19; 8:45 am] Administrator to administer the United replaces references to the Grain States Grain Standards Act, as amended Inspection, Packers and Stockyards BILLING CODE 9111–28–P (7 U.S.C. 71–87h); the Packers and Administration, GIPSA, the Farm Stockyards Act, 1921 (P&S), as amended Service Agency, and FSA as appropriate and supplemented (7 U.S.C. 181 et seq.); with references to the Agricultural and the United States Warehouse Act Marketing Service and AMS. This rule (USWA), as amended (7 U.S.C. 241– redefines the term Administrator in the
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affected regulations to mean the AMS seq., and thus is exempt from the 9 CFR Part 203 Administrator. This rule updates street, provisions of those Acts. This rule Reporting and recordkeeping mailing, and website addresses to contains no information collection or requirements, Stockyards. provide current addresses related to recordkeeping requirements under the services now provided by AMS. Paperwork Reduction Act of 1995 (44 9 CFR Part 204 This final rule revises redesignated 7 U.S.C. 3501 et seq.). Freedom of information, Organization CFR part 869 by replacing references to The Congressional Review Act (5 and functions (Government agencies) FSA’s Deputy Administrator, U.S.C. 801 et seq.), provides exemptions 9 CFR Part 205 Commodity Operations or DACO with for rules: ‘‘of particular applicability’’; references to AMS’s Warehouse and ‘‘relating to agency management or Archives and records, Commodity Management Division personnel’’; or ‘‘of agency organization, Intergovernmental relations, Reporting Director and AMS. This rule also revises procedure, or practice that does not and recordkeeping requirements cross references within part 869 by substantially affect the rights or replacing references to other sections in 9 CFR Part 206 obligations of non-agency parties.’’ This part 735 with references to the rulemaking qualifies for this exemption. Government contracts, Reporting and corresponding sections in redesignated recordkeeping requirements, Swine. part 869. Specifically, this rule revises AMS is committed to complying with the E-Government Act to promote the For the reasons stated in the such cross references in §§ 869.3, 869.6, preamble, as authorized by the 869.303, 869.401, 869.402, 869.403, and use of the internet and other information technologies, to provide Secretary’s Memorandum dated 869.404. November 14, 2018, and under authority This rule makes additional revisions increased opportunities for citizen of 5 U.S.C. 552 and 7 U.S.C. 71–87k, to 9 CFR parts 201, 202, and 203. In access to Government information and 181–229, 1621–1627, and 1631, the § 201.2(f), the term Regional Director services, and for other purposes. Department of Agriculture amends 7 replaces the term Regional Supervisor USDA has not identified any relevant and means a Regional Director of FTPP’s CFR chapters VII and VIII and 9 CFR Federal rules that duplicate, overlap, or chapter II as follows: Packers and Stockyards Division (PSD). conflict with this final rule. This rule adds a new definition for Title 7—Agriculture Packers and Stockyards Division (PSD), List of Subjects which now administers the Packers and 7 CFR Part 735 PART 735 [TRANSFERRED TO Stockyards programs on a day-to-day CHAPTER VIII AND REDESIGNATED basis. In § 201.108–1, references to PSD Administrative practice and AS PART 869] replace references to Packers and procedure, Beans, Cotton, Cottonseeds, Stockyards Programs. In §§ 202.103 and Grains, Nuts, Reporting and ■ 1. The authority citation for part 735 202.112, references to PSD regional and recordkeeping requirements, Sugar, continues to read as follows: headquarters offices replace references Surety bonds, Tobacco, Warehouses, Authority: 7 U.S.C. 241 et seq. Textiles. to area and headquarters offices of the ■ 2. Transfer part 735 into 7 CFR Agency. Similarly, a reference to a PSD 7 CFR Part 800 chapter VIII and redesignate it as part Regional Office replaces the reference to 869. a GIPSA Regional Office in Administrative practice and § 203.15(a)(6). This rule also revises procedure, Conflict of interests, Exports, Subchapter C [Reserved] several references to GIPSA in 9 CFR Freedom of information, Grains, ■ 3. Subchapter C, consisting of parts part 206 by replacing them with Intergovernmental relations, Penalties, 735 and 743, is removed and reserved. references to AMS or PSD as Reporting and recordkeeping appropriate. requirements. Chapter VIII—Agricultural Marketing Currently, 9 CFR part 204 describes Service (Federal Grain Inspection 7 CFR Part 868 GIPSA organization and functions. Service, Fair Trade Practices Program), Since GIPSA was eliminated and its Administrative practice and Department of Agriculture functions redelegated to AMS, this procedure, Agricultural commodities, ■ section is no longer necessary. This final 4. Revise the heading of 7 CFR chapter Reporting and recordkeeping VIII to read as set forth above. rule removes and reserves part 204. requirements, Rice. Classification 7 CFR Part 869 PARTS 800 THROUGH 868 This final rule is administrative in [DESIGNATED AS SUBCHAPTER A] nature and reflects changes in the Administrative practice and ■ 5. Designate parts 800 through 868 as agency’s organization. Accordingly, procedure, Beans, Cotton, Cottonseeds, subchapter A under the following pursuant to 5 U.S.C. 553, notice of Grains, Nuts, Reporting and heading: proposed rulemaking and opportunity recordkeeping requirements, Sugar, for comment are not required, and this Surety bonds, Tobacco, Warehouses, Subchapter A—Federal Grain rule may be made effective in fewer Textiles. Inspection than 30 days after publication in the 9 CFR Part 201 ■ 6. An authority citation for subchapter Federal Register. Therefore, this final A is added to read as follows: rule is effective upon publication. Confidential business information, Additionally, this rule is exempt from Reporting and recordkeeping Authority: 7 U.S.C. 71–87K, 1621–1627. requirements, Stockyards, Surety bonds, the provisions of Executive Orders Subchapter A [Amended] 12866 and 13771. This action is not a Trade practices. ■ rule as defined by the Regulatory 9 CFR Part 202 7. In newly designated subchapter A, Flexibility Act, as amended by the wherever it occurs: Small Business Regulatory Enforcement Administrative practice and ■ a. Remove the words ‘‘Grain Fairness Act of 1996, 5 U.S.C. 801 et procedure, Stockyards. Inspection, Packers and Stockyards
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Administration’’ and add in their place grade, factor analysis, equal to type, § 869.3 [Amended] ‘‘Agricultural Marketing Service’’; and milling yield, or any other quality ■ 17. In newly transferred and ■ b. Remove the term ‘‘GIPSA’’ and add designation as defined in the U.S. redesignated § 869.3, amend the in its place ‘‘AMS’’. Standards for Rice or applicable definition of ‘‘Service license’’ by instructions, whether performed singly PART 800—GENERAL REGULATIONS removing the reference to ‘‘§ 735.202’’ or in combination at other than at the and adding in its place ‘‘§ 868.202’’. applicant’s facility. ■ 8. The authority citation for part 800 ■ 2 18. In newly transferred and continues to read: Interpretive line samples may be redesignated § 869.4, revise paragraphs purchased from the U.S. Department of (c)(1) and (2) to read as follows: Authority: 7 U.S.C. 71–87k. Agriculture, AMS, FGIS, National Grain ■ 9. Revise § 800.7 to read as follows: Center, 10383 North Ambassador Drive, § 869.4 Fees. Kansas City, Missouri 64153–1394. § 800.7 Information about the Service, Act, * * * * * and regulations. Interpretive line samples also are (c) * * * available for examination at selected Information about the Agricultural (1) Will be available at AMS’s FGIS field offices. A list of field offices Marketing Service, Service, Act, website, or may be obtained from the AMS website regulations, official standards, official (2) May be requested at the following at (https://www.ams.usda.gov). The criteria, rules of practice, instructions, address: Director, Warehouse and interpretive line samples illustrate the and other matters related to the official Commodity Management Division, Fair lower limit for milling degrees only and inspection or Class X or Class Y Trade Practices Program, AMS, USDA, the color limit for the factor ‘‘Parboiled weighing of grain may be obtained by Stop 3601, 1400 Independence Avenue Light’’ rice. telephoning or writing the Service at its SW, Washington, DC 20250–3601. headquarters or any one of its field * * * * * * * * * * offices at the numbers and addresses Subchapter B—Regulations for § 869.5 [Amended] listed on the Service’s website. Warehouses ■ 10. Amend § 800.8 by revising ■ 18. In newly transferred and paragraphs (d) and (e) to read as follows: ■ 13. Add a heading for subchapter B, redesignated § 869.5, in the introductory consisting of newly transferred and text, remove the reference to ‘‘§ 735.8’’ § 800.8 Public information. redesignated part 869, to read as set and add in its place ‘‘§ 869.8’’. * * * * * forth above. (d) Requests for records. Requests for § 869.6 [Amended] PART 869—REGULATIONS FOR THE records under 5 U.S.C. 552(a)(3) shall be ■ 20. In newly transferred and UNITED STATES WAREHOUSE ACT made in accordance with 7 CFR 1.6 and redesignated § 869.6, in paragraph (a), shall be addressed as follows: AMS remove the reference to ‘‘§ 735.8’’ and ■ 14. The authority citation for newly FOIA Officer, Agricultural Marketing add in its place ‘‘§ 869.8’’. transferred and redesignated part 869 Service, FOIA Request, 1400 ■ Independence Avenue SW, Room 2095– continues to read as follows: 21. In newly transferred and redesignated § 869.8 revise paragraph (a) S, Stop 0203, Washington, DC 20250– Authority: 7 U.S.C. 241 et seq. 0203. to read as follows: ■ 15. In newly transferred and (e) Appeals. Any person whose § 869.8 Appeals. request under paragraph (d) of this redesignated part 869, wherever it (a) Any person who is subject to an section is denied shall have the right to occurs: adverse determination made under the appeal such denial in accordance with ■ a. Remove the words ‘‘Farm Service Act may appeal the determination by 7 CFR 1.13. Appeals shall be addressed Agency’’ and add in their place filing a written request with AMS at the to the Administrator, Agricultural ‘‘Agricultural Marketing Service’’; following address: Director, Warehouse Marketing Service, FOIA Appeal, 1400 ■ b. Remove the term ‘‘FSA’’ and add in and Commodity Management Division, Independence Avenue SW, Room 3071– its place ‘‘AMS’’; and Fair Trade Practices Program, AMS, S, Stop 0201, Washington, DC 20250– ■ c. Remove the term ‘‘DACO’’ and add USDA, Stop 3601, 1400 Independence 0201. in its place ‘‘AMS’’. Avenue SW, Washington, DC 20250– * * * * * ■ 16. In newly transferred and 3601. redesignated § 869.2, revise paragraphs PART 868—GENERAL REGULATIONS * * * * * (a) and (d)(2) to read as follows: AND STANDARDS FOR CERTAIN § 869.303 [Amended] AGRICULTURAL COMMODITIES § 869.2 Administration. ■ 22. In newly transferred and ■ 11. The authority citation for part 868 (a) AMS will administer all provisions redesignated § 869.303, in paragraph continues to read: and activities regulated under the Act (a)(2), remove the reference to under the general direction and Authority: 7 U.S.C. 1621–1627. ‘‘§ 735.2(b)’’ and add in its place supervision of AMS’s Director, ‘‘§ 869.2(b)’’. ■ 12. Amend § 868.91 by revising note Warehouse and Commodity 2 to table 2 to read as follows: Management Division, or a designee. § 869.401 [Amended] § 868.91 Fees for certain Federal rice * * * * * ■ 23. Amend newly transferred and inspection services. (d) * * * redesignated § 869.401: * * * * * (2) The following address: Director, ■ a. In paragraph (a)(2), by removing the Warehouse and Commodity reference to ‘‘§ 735.14’’ and adding in its 1 Table 2—Unit Rates Service Management Division, Fair Trade place ‘‘§ 869.14’’; and * * * * * Practices Program, AMS, USDA, Stop ■ b. In paragraph (c)(1), by removing 1 Fees apply to determinations 3601, 1400 Independence Avenue SW, ‘‘§§ 735.6 and 735.8’’ and adding in its (original or appeals) for kind, class, Washington, DC 20250–3601. place ‘‘§§ 869.6 and 869.8’’.
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§ 869.402 [Amended] Program (FTPP), Agricultural Marketing Packers and Stockyards Administration ■ 24. Amend newly transferred and Service. (Packers and Stockyards Programs) redesignated § 869.402: * * * * * (GIPSA) and adding in their place the words ‘‘Agricultural Marketing Service ■ a. In paragraph (a)(2), by removing the § 201.34 [Amended] (AMS)’’. reference to ‘‘§ 735.14’’ and adding in its ■ ■ place ‘‘§ 869.14’’; and 30. Amend § 201.34: 36. Amend § 202.103 by revising ■ a. In paragraphs (a) and (b), by paragraphs (d) and (e) to read as follows: ■ b. In paragraph (c)(1), by removing removing the words ‘‘Grain Inspection, ‘‘§§ 735.6 and 735.8’’ and adding in its Packers and Stockyards Administration § 202.103 Rule 3: Beginning a reparation place ‘‘§§ 869.6 and 869.8’’. proceeding. (Packers and Stockyards Programs)’’ and § 869.403 [Amended] adding in their place the words * * * * * ‘‘Agricultural Marketing Service (d) Where to file. The complaint ■ 25. In newly transferred and (AMS)’’; and should be transmitted or delivered to redesignated § 869.403, in paragraph (a), ■ b. In paragraph (c), by removing the any regional office of the Packers and remove ‘‘§§ 735.401 and 735.402’’ and words ‘‘Grain Inspection, Packers and Stockyards Division (PSD), or to the add in its place ‘‘§§ 869.401 and Stockyards Administration’’ and adding PSD headquarters in Washington, DC, or 869.402’’. in their place the words ‘‘Agricultural delivered to any full time PSD Marketing Service’’. employee. § 869.404 [Amended] (e) Time for filing. The complaint ■ 31. Amend § 201.71 by revising the ■ 26. In newly transferred and must be received by the Department sixth sentence of paragraph (a) to read within 90 days after accrual of the cause redesignated § 869.404, in paragraph (a), as follows: remove ‘‘§§ 735.401 or 735.402’’ and of action alleged in it. If a complaint is add in its place ‘‘§ 869.401 or § 201.71 Scales and or Electronic transmitted or delivered to an office of § 869.402’’. Evaluation Devices or Systems; accurate the Department, it shall be deemed to be weights and measures, repairs, received by the Department when it Title 9—Animals and Animal Products adjustments or replacements after reaches such office. If a complaint is CHAPTER II—AGRICULTURAL inspection. delivered to a full-time PSD employee, MARKETING SERVICE (FAIR TRADE (a) * * * All approved material is it shall be deemed to be received by the PRACTICES PROGRAM), available for inspection at USDA, AMS, Department when it is received by such DEPARTMENT OF AGRICULTURE Packers and Stockyards Division, 1400 employee. Independence Avenue SW, Washington, * * * * * ■ 27. Revise the heading of 9 CFR DC 20250, telephone 202–720–7051, ■ 37. Amend § 202.112 by revising the chapter II to read as set forth above. and is for sale by the National first and last sentences of paragraph (j) Conference of Weights and Measures PART 201—REGULATIONS UNDER and by revising paragraph (k) to read as (NCWM), 1135 M Street, Suite 110, follows: THE PACKERS AND STOCKYARDS Lincoln, Nebraska, 68508. * * * ACT * * * * * § 202.112 Rule 12: Oral hearing. ■ * * * * * 28. The authority citation for part 201 § 201.108–1 [Amended] (j) Filing, and presiding officer’s continues to read as follows: ■ 32. Amend § 201.180–1, in the certificate, of the transcript or recording. Authority: 7 U.S.C. 181–229c. introductory text, by removing both As soon as practicable after the close of the oral hearing, the reporter shall ■ 29. Amend § 201.2 by revising the instances of the words ‘‘Packers and transmit to the presiding officer the introductory text and paragraph (f) and Stockyards Programs’’ and adding in original transcript or recording of the adding paragraph (l) to read as follows: their place ‘‘Packers and Stockyards Division’’. testimony, and as many copies of the § 201.2 Terms defined. transcript or recording as may be The definitions of terms contained in PART 202—RULES OF PRACTICE required by paragraph (i) of this section the Act shall apply to such terms when GOVERNING PROCEEDINGS UNDER for the PSD regional offices and as may used in the Regulations under the THE PACKERS AND STOCKYARDS be required for the PSD headquarters Packers and Stockyards Act, 9 CFR part ACT office in Washington. * * * The 201; Rules of Practice Governing presiding officer shall send the copies of ■ 33. The authority citation for part 202 Proceedings under the Packers and the transcript or recording to the hearing continues to read: Stockyards Act, 9 CFR part 202; and clerk who shall send them to PSD Statements of General Policy under the Authority: 7 U.S.C. 228(a); 7 CFR 2.22 and headquarters. Packers and Stockyards Act, 9 CFR part 2.81. (k) Keeping of copies of the transcript or recording. During the period in 203. In addition, the following terms § 202.2 [Amended] used in these parts shall be construed to which the proceeding has an active ■ mean: 34. In § 202.2, amend paragraph (b) by status in the Department, a copy of the removing the words ‘‘Grain Inspection, transcript or recording shall be kept at * * * * * Packers and Stockyards Administration the PSD regional office most convenient (f) Regional director means the (Packers and Stockyards Programs) to the respondent; however, if there are regional director of the Packers and (GIPSA) and adding in their place the two or more respondents and they are Stockyards Division (PSD) for a given words ‘‘Agricultural Marketing Service located in different regions, such copy region or any person authorized to act (AMS)’’. of the transcript or recording shall be for the regional director. kept at the PSD regional office nearest * * * * * § 202.102 [Amended] to the place where the hearing was held. (l) Packers and Stockyards Division ■ 35. In § 202.102, revise the definitions In addition, a copy of the transcript or (PSD) means the Packers and Stockyards for ‘‘Agency’’ and ‘‘Agency head’’ by recording shall be kept at the PSD Division of the Fair Trade Practices removing the words ‘‘Grain Inspection, regional office most convenient to the
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complainant. Any such copy shall be Programs)’’ and adding in their place ■ 47. Amend § 203.18 by revising available for examination during official ‘‘PSD’’; paragraphs (a) and (d) to read as follows: hours of business at the regional office, ■ c. In the fourth sentence of paragraph § 203.18 Statement with respect to packers but shall remain the property of the (b)(2)(iii), by removing the words ‘‘Grain engaging in the business of custom feeding Department and shall not be removed Inspection, Packers and Stockyards livestock. from such office. Administration (Packers and Stockyards (a) In its administration of the Packers Programs)’’ and adding in their place PART 203—STATEMENTS OF and Stockyards Act, the Department has the words ‘‘PSD regional’’; and sought to promote and maintain open GENERAL POLICY UNDER THE ■ d. In the first sentence of paragraph PACKERS AND STOCKYARDS ACT and fair competition in the livestock (c), by removing the words ‘‘Grain and packing industries, and to prevent Inspection, Packers and Stockyards ■ unfair or anticompetitive practices 38. The authority citation for part 203 Administration (Packers and Stockyards continues to read: when they are found to exist. It is the Programs)’’ and adding in their place opinion of the Department that the Authority: 7 CFR 2.22 and 2.81. ‘‘PSD’’. ownership or operation of custom ■ 39. Amend § 203.4 by revising § 203.12 [Amended] feedlots by packers presents problems paragraph (a) to read as follows: which may under some circumstances ■ 42. Amend § 203.12: § 203.4 Statement with respect to the result in violations of the Packers and ■ a. In paragraphs (a) through (c), by Stockyards Act. disposition of records by packers, live removing the sets of three asterisks and * * * * * poultry dealers, stockyard owners, market adding in their place three ellipsis agencies and dealers. (d) The Department does not consider points; the existence of packer/custom feedlot (a) Records to be kept. Section 401 of ■ b. In paragraph (f), by removing the relationships, by itself, to constitute a the Packers and Stockyards Act (7 words ‘‘Grain Inspection, Packers and U.S.C. 221) provides, in part, that every violation of the Act. In the event it Stockyards Administration (Packers and appears that a packer/custom feedlot packer, live poultry dealer, stockyard Stockyards Programs)’’ and adding in owner, market agency, and dealer shall arrangement gives rise to a violation of their place ‘‘Department’’; and the Act, an investigation will be made keep such accounts, records, and ■ c. In paragraph (g), by removing the on a case-by-case basis, and, where memoranda as fully and correctly words ‘‘Grain Inspection, Packers and disclose all transactions involved in his warranted, appropriate action will be Stockyards Administration (Packers and taken. business, including the true ownership Stockyards Programs)’’ and adding in * * * * * of such business by stockholding or their place ‘‘PSD’’. otherwise. In order to properly § 203.19 [Amended] administer the P&S Act, it is necessary § 203.14 [Amended] ■ that records be retained for such periods ■ 48. Amend § 203.19: 43. Amend § 203.114 in the note ■ a. In paragraph (a), by removing the of time as may be required to permit the following paragraph 1 by removing the Packers and Stockyards Division (PSD) words ‘‘Grain Inspection, Packers and words ‘‘Grain Inspection, Packers and Stockyards Administration (Packers and a reasonable opportunity to examine Stockyards Administration (Packers and such records. Section 401 of the Act Stockyards Programs)’’ and adding in Stockyards Programs)’’ and adding in their place ‘‘Department’’; and does not, however, provide for the their place ‘‘PSD’’. ■ destruction or disposal of records. b. In paragraph (c)(2), by indenting the ■ 44. Amend § 203.15 by revising Therefore, the Department has paragraph, capitalizing the word paragraph (a)(6) to read as follows: formulated this policy statement to ‘‘operations’’, and removing the words ‘‘Grain Inspection, Packers and provide guidance as to the periods of § 203.15 Trust benefits under sections 206 Stockyards Administration (Packers and time after which records may be and 207 of the Act. disposed of or destroyed. Stockyards Programs)’’ and adding in (a) * * * their place ‘‘PSD’’. * * * * * (6) Amount of money due; and to make certain that a copy of such letter, PART 204—[REMOVED AND § 203.5 [Amended] mailgram, or telegram is filed with a RESERVED] ■ 40. Amend § 203.5 by removing the PSD regional office or with the PSD words ‘‘Grain Inspection, Packers and headquarters office within the ■ 49. Under the authority of 5 U.S.C. Stockyards Administration (Packers and prescribed time. 552, remove and reserve part 204, Stockyards Programs)’’ and adding in its * * * * * consisting of §§ 204.1 through 204.7. place in the first two instances the word PART 205—CLEAR TITLE— ‘‘Department,’’ and adding in its place § 203.16 [Amended] PROTECTION FOR PURCHASERS OF in the third instance the term ‘‘PSD’’. ■ 45. Amend § 203.16, in paragraphs (a) FARM ANIMALS § 203.7 [Amended] introductory text and (b), by removing the words ‘‘Grain Inspection, Packers ■ 50. The authority citation for part 205 ■ 41. Amend § 203.7: and Stockyards Administration (Packers continues to read: ■ a. In the first sentence of paragraph and Stockyards Programs)’’ and adding Authority: 7 U.S.C. 1631; 7 CFR 2.22 and (a), by removing the words ‘‘Grain in their place ‘‘Department’’. 2.81. Inspection, Packers and Stockyards ■ 51. Amend § 205.101 by revising Administration (Packers and Stockyards § 203.17 [Amended] paragraph (c) to read as follows: Programs)’’ and adding in their place ■ 46. Amend § 203.17, in paragraphs (a), ‘‘PSD’’; (b), and (d), by removing the words § 205.101 Certification—request and ■ b. In the third sentence of paragraph ‘‘Grain Inspection, Packers and processing. (b)(2)(iii), by removing the words ‘‘Grain Stockyards Administration (Packers and * * * * * Inspection, Packers and Stockyards Stockyards Programs)’’ and adding in (c) Any such request and attachments Administration (Packers and Stockyards their place ‘‘PSD’’. must be filed in triplicate (one copy for
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public inspection, as second copy for design feature. These special conditions Reason for No Prior Notice and use in AMS, and a third copy for use in contain the additional safety standards Comment Before Adoption the Office of the General Counsel, the Administrator considers necessary The FAA has determined, in USDA). All three copies must be to establish a level of safety equivalent accordance with 5 U.S. Code received in the headquarters of the to that established by the existing §§ 553(b)(3)(B) and 553(d)(3), that notice Packers and Stockyards Division, airworthiness standards. and opportunity for prior public Agricultural Marketing Service (AMS), DATES: The effective date of these comment hereon are unnecessary USDA, Washington, DC 20250. special conditions is August 30, 2019. because substantially identical special * * * * * The FAA must receive your conditions have been subject to the comments by September 30, 2019. public comment process in several prior PART 206—SWINE CONTRACT ADDRESSES: instances such that the FAA is satisfied LIBRARY Send comments identified by docket number FAA–2019–0649 that new comments are unlikely. For the ■ using any of the following methods: same reason, the FAA finds that good 52. The authority citation for part 206 cause exists for making these special continues to read: b Federal eRegulations Portal: Go to http://www.regulations.gov and follow conditions effective upon issuance. The Authority: 7 U.S.C. 198–198b; 7 U.S.C. FAA is requesting comments to allow 222. the online instructions for sending your comments electronically. interested persons to submit views that ■ 53. In part 206, wherever it occurs: b Mail: Send comments to Docket may not have been submitted in ■ a. Remove the term ‘‘GIPSA’’ and add response to the prior opportunities for Operations, M–30, U.S. Department of in its place ‘‘PSD’’; comment. Transportation (DOT), 1200 New Jersey ■ b. Remove the words ‘‘GIPSA website Avenue SE, Room W12–140, West (http://gipsa.usda.gov)’’ and add in their Special condi- Building Ground Floor, Washington, DC Company/airplane model place ‘‘AMS website (https:// tions No. 20590–0001. ams.usda.gov)’’; and b Hand Delivery of Courier: Take 23–291–SC 1 .. Innovation Solutions & Sup- ■ c. Remove the term ‘‘USDA GIPSA,’’ comments to Docket Operations in port, Inc.; Textron Avia- and add in its place ‘‘USDA, AMS, Room W12–140 of the West Building tion, Inc./Model B200. PSD’’. 23–283–SC 2 .. Pilatus Aircraft Ltd./Model Ground Floor at 1200 New Jersey PC–24. § 206.2 [Amended] Avenue SE, Washington, DC, between 9 23–272–SC 3 .. Cirrus Aircraft Corporation/ ■ 54. Amend § 206.2, in paragraph (b), a.m., and 5 p.m., Monday through Model SF–50. by removing the words ‘‘Grain Friday, except Federal holidays. b Inspection, Packers and Stockyards Fax: Fax comments to Docket Comments Invited Operations at 202–493–2251. Administration (GIPSA)’’ and adding in The FAA invites interested people to Privacy: The FAA will post all their place ‘‘Packers and Stockyards take part in this rulemaking by sending comments it receives, without change, Division (PSD)’’. written comments, data, or views. The to http://regulations.gov, including any most helpful comments reference a Dated: August 20, 2019. personal information the commenter specific portion of the special Greg Ibach, provides. Using the search function of conditions, explain the reason for any Under Secretary, Marketing and Regulatory the docket website, anyone can find and recommended change, and include Programs. read the electronic form of all comments supporting data. The FAA asks that you [FR Doc. 2019–18201 Filed 8–29–19; 8:45 am] received into any FAA docket, send two copies of written comments. BILLING CODE 3410–02–P including the name of the individual The FAA will consider all comments sending the comment (or signing the received on or before the closing date comment for an association, business, for comments. The FAA will consider DEPARTMENT OF TRANSPORTATION labor union, etc.). DOT’s complete comments filed late if it is possible to Privacy Act Statement can be found in Federal Aviation Administration do so without incurring expense or the Federal Register published on April delay. The FAA may change these 11, 2000 (65 FR 19477–19478), as well 14 CFR Part 23 special conditions based on the as at http://DocketsInfo.dot.gov. comments received. [Docket No. FAA–2019–0649; Special Docket: Background documents or Conditions No. 23–296–SC] comments received may be read at Background http://www.regulations.gov at any time. On March 28th, 2018, DAHER Special Conditions: DAHER Aerospace Follow the online instructions for Aerospace (DAHER) applied for FAA Model TBM700 Airplanes; Autothrust accessing the docket or go to the Docket validation of its change to Type System Operations in Room W12–140 of the Certificate No. A60EU 4 for installation West Building Ground Floor at 1200 AGENCY: of an autothrust system (ATS), also Federal Aviation New Jersey Avenue SE, Washington, Administration (FAA), DOT. known as an autothrottle system, in the DC, between 9 a.m., and 5 p.m., Monday Model TBM700 airplane. The Model ACTION: Final special conditions; request through Friday, except Federal holidays. TBM700 is a normal category, metallic, for comments. FOR FURTHER INFORMATION CONTACT: Jeff pressurized, low-wing, monoplane that SUMMARY: These special conditions are Pretz, AIR–691, Small Airplane seats up to 5 passengers and two issued for the DAHER Aerospace Model Standards Branch, Policy and flightcrew. A single Pratt & Whitney TBM700 airplane. This airplane will Innovation Division, Aircraft have a novel or unusual design feature Certification Service, Federal Aviation 1 https://www.federalregister.gov/d/2018-28116. 2 associated with the use of an autothrust Administration, 901 Locust, Room 301, https://www.federalregister.gov/d/2017-14938. Kansas City, MO 64106; telephone (816) 3 https://federalregister.gov/a/2015-31058. system. The applicable airworthiness 4 _ _ _ 329–3239; facsimile (816) 329–4090. http://rgl.faa.gov/Regulatory and Guidance regulations do not contain adequate or Library/rgMakeModel.nsf/0/B777E11E03DD396 appropriate safety standards for this SUPPLEMENTARY INFORMATION: C862583AE006215E4?OpenDocument.
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PT6A turboprop engine driving a five Special conditions are initially Authority: 49 U.S.C. 106(f), 106(g), 40113, bladed variable pitch constant speed applicable to the model for which they 44701–44702; Pub. L. 113–53, 127 Stat 584 Hartzell propeller powers the airplane. are issued. Should the type certificate (49 U.S.C. 44704) note. The airplane has retractable tricycle for that model be amended later to The Special Conditions landing gear, a Garmin G3000 avionics include any other model that suite, and a maximum takeoff weight of incorporates the same novel or unusual Accordingly, pursuant to the 7,394 pounds. design feature, or should any other authority delegated to me by the Administrator, the following special The installation of an ATS in the model already included on the same conditions are issued as part of the type Model TBM700 is intended to reduce type certificate be modified to certification basis for DAHER Aerospace pilot workload. The ATS is useable in incorporate the same novel or unusual Model TBM700 airplanes. all phases from takeoff to approach. The design feature, the FAA would apply system includes torque and airspeed these special conditions to the other Autothrust System management capability along with model. In addition to the requirements of monitors to prevent the system from In addition to the applicable §§ 23.143, 23.1309, and 23.1329, the exceeding critical engine or airspeed airworthiness regulations and special following apply: limits. Throttle movement is provided conditions, the Model TBM700 must (a) Quick disengagement controls for by a servo, which moves the throttle comply with the fuel vent and exhaust the autothrust function must be lever. The servo can be overridden by emission requirements of 14 CFR part provided for each pilot. The autothrust pilot movement of the throttle and 34 and the noise certification quick disengagement controls must be disengages upon selection of the A/T requirements of 14 CFR part 36; and the located on the thrust control levers. disconnect switch on the throttle. FAA must issue a finding of regulatory Quick disengagement controls must be Section 23.1329, amendment 23–49, adequacy under § 611 of Public Law 92– readily accessible to each pilot while only contained requirements for 574, the ‘‘Noise Control Act of 1972.’’ operating the thrust control levers. automatic pilot systems that act on the Novel or Unusual Design Features (b) The effects of a failure of the airplane flight controls. Autothrust system to disengage the autothrust systems are automatic systems that act The Model TBM700 airplane will function when manually commanded by on the thrust controls. These systems incorporate the following novel or the pilot must be assessed in accordance provide enhanced automation and unusual design features: with the requirements of § 23.1309. safety, but may also introduce pilot An ATS, which provides commands (c) Engagement or switching of the confusion, countering the safety benefit. to a servo attached to the throttle lever flight guidance system, a mode, or a 14 CFR 25.1329, amendment 25–119, that automatically controls engine sensor may not cause the autothrust addresses these concerns for transport thrust. The ATS can be operated to system to affect a transient response that airplanes. Therefore, these special control torque or airspeed. alters the airplane’s flight path any conditions are based on § 25.1329 and Discussion greater than a minor transient, as provide additional requirements to defined in paragraph (l)(1) of these standardize the pilot interface and The part 23 airworthiness regulations special conditions. system behavior and enhance pilot in the type certification basis do not (d) Under normal conditions, the awareness of system active and armed contain appropriate safety standards for disengagement of any automatic control modes. this design feature. However, part 25 function of a flight guidance system may Type Certification Basis regulations contain appropriate not cause a transient response of the airworthiness standards; therefore, these airplane’s flight path any greater than a Under the provisions of 14 CFR special conditions are derived from 14 minor transient. 21.101, DAHER must show that the CFR 25.1329, ‘‘Flight guidance system,’’ (e) Under rare normal and non-normal Model TBM700 airplane, as changed, applicable to autothrust systems. conditions, disengagement of any continues to meet the applicable Applicability automatic control function of a flight provisions of the regulations guidance system may not result in a incorporated by reference in Type These special conditions are transient any greater than a significant Certificate No. A60EU or the applicable applicable to the Model TBM700 transient, as defined in paragraph (l)(2) regulations in effect on the date of airplane. Should DAHER apply at a later of these special conditions. application for the change. The date for a change to the type certificate (f) The function and direction of regulations incorporated by reference in to include another model incorporating motion of each command reference the type certificate are commonly the same novel or unusual design control, such as heading select or referred to as the ‘‘original type feature, the FAA would apply these vertical speed, must be plainly certification basis.’’ Refer to Type special conditions to that model as well. indicated on—or adjacent to—each Certificate Data Sheet No. A60EU for the Conclusion control if necessary to prevent complete certification basis. inappropriate use or confusion. If the Administrator finds that the This action affects only a certain (g) Under any condition of flight applicable airworthiness regulations in novel or unusual design feature on the appropriate to its use, the flight part 23 do not contain adequate or Model TBM700 airplane. It is not a rule guidance system may not produce appropriate safety standards for the of general applicability. hazardous loads on the airplane, nor Model TBM700 airplane because of a create hazardous deviations in the flight List of Subjects in 14 CFR Part 23 novel or unusual design feature, special path. This applies to both fault-free conditions are prescribed under the Aircraft, Aviation safety, Signs and operation and in the event of a provisions of § 21.16. symbols. malfunction, and assumes that the pilot The FAA issues special conditions, as begins corrective action within a Citation defined in § 11.19, under § 11.38 and reasonable period of time. they become part of the type The authority citation for these (h) When the flight guidance system certification basis under § 21.101. special conditions is as follows: is in use, a means must be provided to
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avoid excursions beyond an acceptable Issued in Kansas City, Missouri, on August Independence Avenue SW, Washington, margin from the speed range of the 21, 2019. DC 20591; telephone: (202) 267–8783. normal flight envelope. If the airplane Pat Mullen, SUPPLEMENTARY INFORMATION: experiences an excursion outside this Manager, Small Airplane Standards Branch, range, a means must be provided to Policy and Innovation Division, Aircraft History prevent the flight guidance system from Certification Service. FAA Order 7400.11C, Airspace providing guidance or control to an [FR Doc. 2019–18814 Filed 8–29–19; 8:45 am] Designations and Reporting Points, unsafe speed. BILLING CODE 4910–13–P effective September 15, 2018, listed (i) The flight guidance system Class A, B, C, D and E airspace areas; functions, controls, indications, and air traffic service routes; and reporting alerts must be designed to minimize DEPARTMENT OF TRANSPORTATION points. Due to the length of these descriptions, the FAA requested flightcrew errors and confusion Federal Aviation Administration concerning the behavior and operation approval from the Office of the Federal Register to incorporate the material by of the flight guidance system. Means 14 CFR Part 71 must be provided to indicate the current reference in the Federal Aviation mode of operation, including any armed [Docket No. FAA–2019–0627; Amendment Regulations section 71.1, effective modes, transitions, and reversions. No. 71–51] September 15, 2018, through September 15, 2019. During the incorporation by Selector switch position is not an RIN 2120–AA66 acceptable means of indication. The reference period, the FAA processed all controls and indications must be Airspace Designations; Incorporation proposed changes of the airspace grouped and presented in a logical and by Reference listings in FAA Order 7400.11C in full consistent manner. The indications text as proposed rule documents in the AGENCY: Federal Aviation must be visible to each pilot under all Federal Register. Likewise, all Administration (FAA), DOT. expected lighting conditions. amendments of these listings were ACTION: Final rule. published in full text as final rules in (j) Following disengagement of the the Federal Register. This rule reflects autothrust function, a caution must be SUMMARY: This action amends Title 14 the periodic integration of these final provided to each pilot. Code of Federal Regulations (14 CFR) rule amendments into a revised edition (k) During autothrust operation, it part 71 relating to airspace designations of Order 7400.11D, Airspace must be possible for the flightcrew to to reflect the approval by the Director of Designations and Reporting Points. The move the thrust levers without requiring the Federal Register of the incorporation Director of the Federal Register has excessive force. The autothrust may not by reference of FAA Order 7400.11D, approved the incorporation by reference create a potential hazard when the Airspace Designations and Reporting of FAA Order 7400.11D in section 71.1, flightcrew applies an override force to Points. This action also explains the as of September 15, 2019, through the thrust levers. procedures the FAA will use to amend September 15, 2020. This rule also (l) For purposes of these special the listings of Class A, B, C, D, and E explains the procedures the FAA will conditions, a transient is a disturbance airspace areas; air traffic service routes; use to amend the airspace designations in the control or flight path of the and reporting points incorporated by incorporated by reference in part 71. airplane that is not consistent with reference. Sections 71.5, 71.15, 71.31, 71.33, 71.41, response to flightcrew inputs or DATES: These regulations are effective 71.51, 71.61, 71.71, and 71.901 are also environmental conditions. September 15, 2019, through September updated to reflect the incorporation by (1) A minor transient would not 15, 2020. The incorporation by reference reference of FAA Order 7400.11D. significantly reduce safety margins and of FAA Order 7400.11D is approved by Availability and Summary of would involve flightcrew actions that the Director of the Federal Register as of Documents for Incorporation by are well within their capabilities. A September 15, 2019, through September Reference minor transient may involve a slight 15, 2020. This document incorporates by increase in flightcrew workload or some ADDRESSES: FAA Order 7400.11D, reference FAA Order 7400.11D, physical discomfort to passengers or Airspace Designations and Reporting Airspace Designations and Reporting cabin crew. Points, and subsequent amendments can Points, dated August 8, 2019, and (2) A significant transient may lead to be viewed on line at http:// effective September 15, 2019, in section a significant reduction in safety www.faa.gov/air_traffic/publications/. 71.1. FAA Order 7400.11D is publicly margins, an increase in flightcrew For further information, you can contact available as listed in the ADDRESSES workload, discomfort to the flightcrew, the Airspace Policy Group, Federal section of this final rule. FAA Order or physical distress to the passengers or Aviation Administration, 800 7400.11D lists Class A, B, C, D, and E cabin crew, possibly including non-fatal Independence Avenue SW, Washington, airspace areas, air traffic service routes, injuries. Significant transients do not DC 20591; telephone: (202) 267–8783. and reporting points. require, in order to remain within or The Order is also available for recover to the normal flight envelope, inspection at the National Archives and The Rule any of the following: Records Administration (NARA). For This action amends Title 14 Code of (i) Exceptional piloting skill, information on the availability of FAA Federal Regulations (14 CFR) part 71 to alertness, or strength. Order 7400.11D at NARA, email reflect the approval by the Director of (ii) Forces applied by the pilot which [email protected] or go to https:// the Federal Register of the incorporation are greater than those specified in www.archives.gov/federal-register/cfr/ by reference of FAA Order 7400.11D, § 23.143(c). ibr-locations.html. effective September 15, 2019, through (iii) Accelerations or attitudes in the FOR FURTHER INFORMATION CONTACT: September 15, 2020. During the airplane that might result in further Sarah A. Combs, Airspace Policy Group, incorporation by reference period, the hazard to secured or non-secured Office of Airspace Services, Federal FAA will continue to process all occupants. Aviation Administration, 800 proposed changes of the airspace
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listings in FAA Order 7400.11D in full 2019, through September 15, 2020. § 71.51 [Amended] text as proposed rule documents in the During the incorporation by reference ■ 8. Section 71.51 is amended by Federal Register. Likewise, all period, proposed changes to the listings removing the words ‘‘FAA Order amendments of these listings will be of Class A, B, C, D, and E airspace areas; 7400.11C’’ and adding, in their place, published in full text as final rules in air traffic service routes; and reporting the words ‘‘FAA Order 7400.11D.’’ the Federal Register. The FAA will points will be published in full text as periodically integrate all final rule proposed rule documents in the Federal § 71.61 [Amended] amendments into a revised edition of Register. Amendments to the listings of ■ 9. Section 71.61 is amended by the Order, and submit the revised Class A, B, C, D, and E airspace areas; removing the words ‘‘FAA Order edition to the Director of the Federal air traffic service routes; and reporting 7400.11C’’ and adding, in their place, Register for approval for incorporation points will be published in full text as the words ‘‘FAA Order 7400.11D.’’ by reference in section 71.1. final rules in the Federal Register. FAA Order 7400.11, Airspace Periodically, the final rule amendments § 71.71 [Amended] Designations and Reporting Points, is will be integrated into a revised edition ■ 10. Paragraphs (b), (c), (d), (e), and (f) published yearly and effective on of the Order and submitted to the of section 71.71 are amended by September 15. Director of the Federal Register for removing the words ‘‘FAA Order approval for incorporation by reference Regulatory Notices and Analyses 7400.11C’’ and adding, in their place, in this section. Copies of FAA Order the words ‘‘FAA Order 7400.11D.’’ The FAA has determined that this 7400.11D may be obtained from action: (1) Is not a ‘‘significant Airspace Policy Group, Federal Aviation § 71.901 [Amended] regulatory action’’ under Executive Administration, 800 Independence ■ 11. Paragraph (a) of section 71.901 is Order 12866; (2) is not a ‘‘significant Avenue SW, Washington, DC 20591, amended by removing the words ‘‘FAA rule’’ under DOT Regulatory Policies (202) 267–8783. An electronic version of Order 7400.11C’’ and adding, in their and Procedures (44 FR 11034; February the Order is available on the FAA _ place, the words ‘‘FAA Order 26, 1979); and (3) does not warrant website at http://www.faa.gov/air 7400.11D.’’ preparation of a regulatory evaluation as traffic/publications. Copies of FAA the anticipated impact is so minimal. Order 7400.11D may be inspected in Issued in Washington, DC, on August 26, This action neither places any new Docket No. FAA–2019–0627; 2019. restrictions or requirements on the Amendment No. 71–51, on http:// Gemechu Gelgelu, public, nor changes the dimensions or www.regulations.gov. A copy of FAA Acting Manager, Airspace Policy Group. operation requirements of the airspace Order 7400.11D may be inspected at the [FR Doc. 2019–18722 Filed 8–29–19; 8:45 am] listings incorporated by reference in National Archives and Records BILLING CODE 4910–13–P part 71. Administration (NARA). For information on the availability of FAA List of Subjects in 14 CFR Part 71 Order 7400.11D at NARA, email DEPARTMENT OF STATE Airspace, Incorporation by reference, [email protected] or go to https:// Navigation (air). www.archives.gov/federal-register/cfr/ 22 CFR Part 121 Adoption of the Amendment ibr-locations.html. [Public Notice: 10779] In consideration of the foregoing, the § 71.5 [Amended] RIN 1400–AE88 Federal Aviation Administration ■ 3. Section 71.5 is amended by amends 14 CFR part 71 as follows: removing the words ‘‘FAA Order Adjustment of Controls for Lower 7400.11C’’ and adding, in their place, Performing Radar and Continued PART 71—DESIGNATION OF CLASS A, the words ‘‘FAA Order 7400.11D.’’ Temporary Modification of Category XI B, C, D, AND E AIRSPACE AREAS; AIR of the United States Munitions List TRAFFIC SERVICE ROUTES; AND § 71.15 [Amended] AGENCY: Department of State. REPORTING POINTS ■ 4. Section 71.15 is amended by removing the words ‘‘FAA Order ACTION: Final rule; notification of ■ 1. The authority citation for part 71 7400.11C’’ and adding, in their place, temporary modification. continues to read as follows: the words ‘‘FAA Order 7400.11D.’’ SUMMARY: The Department of State, in Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, § 71.31 [Amended] response to public comments, revises 1959–1963 Comp., p. 389. ■ Category XI on the United States 5. Section 71.31 is amended by Munitions List to remove items that do ■ 2. Section 71.1 is revised to read as removing the words ‘‘FAA Order not warrant continued inclusion, and, follows: 7400.11C’’ and adding, in their place, pursuant to its regulations and in the the words ‘‘FAA Order 7400.11D.’’ § 71.1 Applicability. interest of the security of the United A listing for Class A, B, C, D, and E § 71.33 [Amended] States, temporarily modifies paragraph (b) in Category XI of the United States airspace areas; air traffic service routes; ■ 6. Paragraph (c) of section 71.33 is Munitions List (USML). and reporting points can be found in amended by removing the words ‘‘FAA FAA Order 7400.11D, Airspace Order 7400.11C’’ and adding, in their DATES: This rule is effective August 30, Designations and Reporting Points, place, the words ‘‘FAA Order 2019, except for amendatory instruction dated August 8, 2019. This 7400.11D.’’ 3 which is effective August 30, 2021. incorporation by reference was FOR FURTHER INFORMATION CONTACT: Ms. approved by the Director of the Federal § 71.41 [Amended] Sarah Heidema, Director, Office of Register in accordance with 5 U.S.C. 552 ■ 7. Section 71.41 is amended by Defense Trade Controls Policy, (a) and 1 CFR part 51. The approval to removing the words ‘‘FAA Order Department of State, telephone (202) incorporate by reference FAA Order 7400.11C’’ and adding, in their place, 663–1282; email 7400.11D is effective September 15, the words ‘‘FAA Order 7400.11D.’’ [email protected].
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ATTN: Radar Revision and Temporary of the wholesale revision of USML Regulatory Flexibility Act Modification of Category XI. Category XI. Since the Department is of the SUPPLEMENTARY INFORMATION: On July 1, Adjustment of Controls for Lower opinion that this rule is exempt from the 2014, the Department published a final Performing Radar provisions of 5 U.S.C. 553, there is no rule revising Category XI of the USML, requirement for an analysis under the On February 12, 2018, the Department 79 FR 37536, effective December 30, Regulatory Flexibility Act. 2014. That final rule, consistent with published a Notice of Inquiry (83 FR the two prior proposed rules for USML 5970) requesting public comment on Unfunded Mandates Reform Act of 1995 Category XI (78 FR 45018, July 25, 2013 USML Categories V, X, and XI. The and 77 FR 70958, November 28, 2012), Department and the interagency are This rulemaking does not involve a revised paragraph (b) of Category XI to reviewing the public comments mandate that will result in the clarify the extent of control and submitted in response, and the expenditure by State, local, and tribal maintain the existing scope of control Department intends to draft a proposed governments, in the aggregate, or by the on items described in paragraph (b) and rule setting out revised versions of the private sector, of $100 million or more the directly related software described three categories for public comment. in any year and it will not significantly in paragraph (d). Extending the temporary revisions of or uniquely affect small governments. USML Category XI(b) now will allow Therefore, no actions were deemed The Department later determined that the U.S. government to finalize its necessary under the provisions of the exporters may read the revised control review of USML Category XI, which Unfunded Mandates Reform Act of language to exclude certain intelligence- might include proposing further 1995. analytics software that has been and modification to USML Category XI remains controlled on the USML. Small Business Regulatory Enforcement paragraph (b) as may be warranted. Therefore, the Department determined Fairness Act of 1996 that it was in the interest of the security In the public comments that the of the United States to temporarily Department received in response to the The Department does not believe this revise USML Category XI paragraph (b), Notice of Inquiry were several that rulemaking is a major rule under the pursuant to the provisions of 22 CFR identified current and imminent criteria of 5 U.S.C. 804. 126.2, while a long-term solution was commercial uses for certain lower Executive Orders 12372 and 13132 developed. The Department published a performing radars, including in driver- final rule on July 2, 2015 (80 FR 37974) assisted and self-driving ground This rulemaking does not have that temporarily modified USML vehicles and in detect and avoid sufficient federalism implications to Category XI(b) until December 29, 2015. systems for autonomous aerial systems. require consultations or warrant the The Department published a final rule In its review of the public comments preparation of a federalism summary on December 16, 2015 (80 FR 78130) and development of a rulemaking on impact statement. The regulations that continued the July 2, 2015 USML Category XI, the Department and implementing Executive Order 12372 modification to August 30, 2017. The its interagency partners have regarding intergovernmental Department published a final rule on determined that revisions to USML consultation on Federal programs and August 30, 2017 (82 FR 41172) that Category XI can be made to exclude activities do not apply to this continued the December 16, 2015 these radars and radar components from rulemaking. modification to August 30, 2018. The the USML. The control for certain air Executive Orders 12866 and 13563 Department published a final rule on surveillance radar in paragraph (a)(3)(ix) August 30, 2018 (83 FR 44228) that of USML Category XI is reserved and a Executive Orders 12866 and 13563 continued the December 16, 2015 note is added to Category XI that direct agencies to assess all costs and modification to August 30, 2019. removes from the USML those transmit/ benefits of available regulatory receive modules and transmit/receive The temporary revision clarified that alternatives and, if regulation is monolithic microwave integrated the scope of control in existence prior necessary, to select regulatory circuits (MMICs) fabricated exclusively to December 30, 2014 for USML approaches that maximize net benefits with homojunction complementary Category XI paragraph (b) and directly (including potential economic, metal–oxide–semiconductor (CMOS) related software in paragraph (d) environmental, public health and safety silicon-based circuits on silicon remains in effect. This clarification is effects, distributed impacts, and equity). substrates, as well as radars and radar achieved by reinserting the words Executive Order 13563 emphasizes the antennas that are specially designed to ‘‘analyze and produce information importance of quantifying both costs use only such modules or MMICs. These from’’ and by adding software to the and benefits, of reducing costs, of radars and radar components will description of items controlled. harmonizing rules, and of promoting become subject to the Export flexibility. This rulemaking is a The Department, with its interagency Administration Regulations upon the partners, continues to develop a long significant but not an economically effective date of this revision as a matter significant rule, under the criteria of term solution for USML Category XI(b). of law, pursuant to 15 CFR 734.3(a). However, that solution will not be in Executive Order 12866, and is place when the current temporary Regulatory Findings consistent with the provisions of Executive Order 13563. modification expires on August 30, Administrative Procedure Act 2019. Therefore, the Department has Executive Order 12988 determined, for the national security This rulemaking is exempt from and foreign policy of the United States section 553 (Rulemaking) and The Department of State has reviewed and in the best interest of the U.S. section 554 (Adjudications) of the this rulemaking in light of sections 3(a) defense industry, to publish a final rule Administrative Procedure Act (APA) and 3(b)(2) of Executive Order 12988 to that extends the temporary modification pursuant to 5 U.S.C. 553(a)(1) as a eliminate ambiguity, minimize of USML XI(b) for two years, to August military or foreign affairs function of the litigation, establish clear legal 30, 2021, to allow it to be revised as part United States Government. standards, and reduce burden.
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Executive Order 13175 antennas specially designed to use only such List of Subjects in 29 CFR Part 2200 modules or MMICs. The Department of State has Administrative practice and determined that this rulemaking will * * * * * procedure, Hearing and appeal procedures. not have tribal implications, will not ■ 3. Effective August 30, 2021, in impose substantial direct compliance § 121.1, under Category XI, revise Accordingly, 29 CFR part 2200 is costs on Indian tribal governments, and paragraph (b) to read as follows: amended by making the following will not preempt tribal law. correcting amendments: Accordingly, the requirements of § 121.1 The United States Munitions List. Executive Order 13175 do not apply to * * * * * PART 2200—RULES OF PROCEDURE this rulemaking. Category XI—Military Electronics ■ 1. The authority citation for part 2200 continues to read as follows: Paperwork Reduction Act * * * * * *(b) Electronic systems or equipment, Authority: 29 U.S.C. 661(g), unless This rulemaking does not impose or otherwise noted. revise any information collections not elsewhere enumerated in this Section 2200.96 is also issued under 28 subject to 44 U.S.C. Chapter 35. subchapter, specially designed for U.S.C. 2112(a). intelligence purposes that collect, Executive Order 13771 ■ survey, monitor, or exploit the 2. Amend § 2200.1 by revising paragraph (f) to read as follows: This rule is not subject to the electromagnetic spectrum (regardless of requirements of E.O. 13771 as the transmission medium), or for § 2200.1 Definitions. impacts are considered de minimis (82 counteracting such activities. * * * * * FR 9339, February 3, 2017). * * * * * (f) Judge means an Administrative Law Judge appointed pursuant to List of Subjects in 22 CFR Part 121 Andrea Thompson, section 12(e) of the Act, 29 U.S.C. Arms and munitions, Classified Under Secretary for Arms Control and 661(e), as amended by Public Law 95– International Security. information, Exports. 251, 92 Stat. 183, 184 (1978). [FR Doc. 2019–18821 Filed 8–29–19; 8:45 am] * * * * * For reasons stated in the preamble, BILLING CODE 4710–25–P the State Department amends 22 CFR ■ 3. Amend § 2200.8 by revising part 121 as follows: paragraph (c)(2)(ii) and paragraph (c)(7) as follows: PART 121—THE UNITED STATES OCCUPATIONAL SAFETY AND § 2200.8 Filing. MUNITIONS LIST HEALTH REVIEW COMMISSION * * * * * ■ 1. The authority citation for part 121 29 CFR Part 2200 (c) * * * continues to read as follows: (2) * * * Rules of Procedure; Corrections (ii) Self-represented parties or Authority: Secs. 2, 38, and 71, Pub. L. 90– intervenors who do not elect e-filing 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, AGENCY must file documents by postage-prepaid 2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 : Occupational Safety and Health Stat. 1920; Section 1261, Pub. L. 112–239; Review Commission. first class or higher class U.S. Mail, commercial delivery service, personal E.O. 13637, 78 FR 16129. ACTION: Correcting amendments. delivery, or facsimile transmission as ■ 2. Effective August 30, 2019, in SUMMARY: This document makes described in paragraph (d) of this § 121.1, under Category XI, remove and section. reserve paragraph (a)(3)(ix), revise technical amendments to and corrects paragraph (b), and add a note to typographical errors in the final rule * * * * * (7) Date of filing. The date of filing for Category XI to read as follows: published by the Occupational Safety and Health Review Commission in the documents filed electronically is the § 121.1 The United States Munitions List. Federal Register on April 10, 2019. That day that the complete document is * * * * * rule revised the procedural rules successfully submitted in the governing practice before the Commission’s E-File System pursuant to Category XI—Military Electronics Occupational Safety and Health Review § 2200.4(a)(4)(i). Electronic filing shall * * * * * Commission. be completed by following the instructions on the Commission’s * (b) Electronic systems, equipment or DATES: Effective on August 30, 2019. software, not elsewhere enumerated in website (www.oshrc.gov). FOR FURTHER INFORMATION CONTACT: Ron this subchapter, specially designed for * * * * * Bailey, Attorney-Advisor, Office of the intelligence purposes that collect, ■ 4. Amend § 2200.30 by revising General Counsel, by telephone at (202) survey, monitor, or exploit, or analyze paragraph (c) as follows: 606–5410, by email at rbailey@ and produce information from, the oshrc.gov, or by mail at: 1120 20th § 2200.30 General rules. electromagnetic spectrum (regardless of Street NW, Ninth Floor, Washington, DC transmission medium), or for * * * * * 20036–3457. counteracting such activities. (c) Separation of claims. Each allegation or response shall be made in * * * * * SUPPLEMENTARY INFORMATION: OSHRC published revisions to its rules of separate numbered paragraphs. Each Note to Category XI: Category XI does not procedure in the Federal Register on paragraph shall be limited as far as control transmit/receive modules, transmit/ April 10, 2019 (84 FR 14554). This practicable to a statement of a single set receive MMICs, transmit modules, or of circumstances. transmit MMICs that incorporate or are document makes technical amendments MMICs fabricated exclusively with to the final rule and corrects * * * * * homojunction CMOS silicon-based circuits typographical errors found after ■ 5. Amend § 2200.67 by revising on silicon substrates, or radars and radar publication of the final rule. paragraph (b) as follows:
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§ 2200.67 Duties and powers of Judges. • Federal eRulemaking Portal: legal holidays. The telephone number * * * * * https://www.regulations.gov/ (our for the Public Reading Room is (202) (b) Issue authorized subpoenas and preferred method). Follow the online 566–1744, and the telephone number for rule on petitions to modify, revoke, or instructions for submitting comments. the EPA Docket Center is (202) 566– affirm, in accordance with § 2200.65; • Email: [email protected]. 1742. * * * * * Include Docket ID No. EPA–HQ–OAR– Instructions. Direct your comments to ■ 6. Amend § 2200.202 by revising 2019–0298 in the subject line of the Docket ID No. EPA–HQ–OAR–2019– paragraph (a)(6) as follows: message. 0298. The EPA’s policy is that all • Fax: (202) 566–9744. Attention comments received will be included in § 2200.202 Eligibility for Simplified Docket ID No. EPA–HQ–OAR–2019– the public docket without change and Proceedings. 0298. may be made available online at https:// * * * * * • Mail: U.S. Environmental www.regulations.gov/, including any (a) * * * Protection Agency, EPA Docket Center, personal information provided, unless (6) A small employer whether self- Docket ID No. EPA–HQ–OAR–2019– the comment includes information represented or represented by counsel. 0298, Mail Code 28221T, 1200 claimed to be CBI or other information * * * * * Pennsylvania Avenue NW, Washington, whose disclosure is restricted by statute. DC 20460. Do not submit information that you Dated: August 21, 2019. • James J. Sullivan, Jr., Hand/Courier Delivery: EPA Docket consider to be CBI or otherwise Center, WJC West Building, Room 3334, Chairman. protected through https:// 1301 Constitution Avenue NW, www.regulations.gov/ or email. This [FR Doc. 2019–18736 Filed 8–29–19; 8:45 am] Washington, DC 20004. The Docket type of information should be submitted BILLING CODE 7600–01–P Center’s hours of operation are 8:30 by mail as discussed below. a.m.–4:30 p.m., Monday–Friday (except The EPA may publish any comment federal holidays). received to its public docket. ENVIRONMENTAL PROTECTION Instructions: All submissions received AGENCY Multimedia submissions (audio, video, must include the Docket ID No. for this etc.) must be accompanied by a written rulemaking. Comments received may be 40 CFR Part 62 comment. The written comment is posted without change to https:// considered the official comment and [EPA–HQ–OAR–2019–0298; FRL–9998–68– www.regulations.gov/, including any should include discussion of all points OAR] personal information provided. For you wish to make. The EPA will RIN 2060–AU49 detailed instructions on sending generally not consider comments or comments and additional information comment contents located outside of the General Provisions: Incorporation by on the rulemaking process, see the primary submission (i.e., on the Web, Reference of State Plans SUPPLEMENTARY INFORMATION section of cloud, or other file sharing system). For this document. AGENCY: Environmental Protection additional submission methods, the full Agency (EPA). FOR FURTHER INFORMATION CONTACT: For EPA public comment policy, questions about this direct final action, information about CBI or multimedia ACTION: Direct final rule. contact Jodi Howard, Sector Policies submissions, and general guidance on SUMMARY: The U.S. Environmental and Programs Division (D205–02), making effective comments, please visit Protection Agency (EPA) is taking direct Office of Air Quality Planning and https://www.epa.gov/dockets/ final action to amend the Approval and Standards, U.S. Environmental commenting-epa-dockets. Promulgation of State Plans for Protection Agency, Research Triangle The https://www.regulations.gov/ Designated Facilities and Pollutants, Park, North Carolina 27711; telephone website allows you to submit your General Provisions to clarify the process number: (919) 541–4607; fax number: comment anonymously, which means by which state plans for the control of (919) 541–4991; and email address: the EPA will not know your identity or pollutants and facilities are [email protected]. contact information unless you provide incorporated by reference into this part. SUPPLEMENTARY INFORMATION: it in the body of your comment. If you This action is intended to update and Docket. The EPA has established a send an email comment directly to the modify the outdated General Provisions docket for this rulemaking under Docket EPA without going through https:// that note that state plans are ID No. EPA–HQ–OAR–2019–0298. All www.regulations.gov/, your email incorporated by reference and that documents in the docket are listed in address will be automatically captured describe the availability of state plans. Regulations.gov. Although listed, some and included as part of the comment DATES: The direct final rule is effective information is not publicly available, that is placed in the public docket and on October 29, 2019, without further e.g., Confidential Business Information made available on the internet. If you notice, unless the EPA receives (CBI) or other information whose submit an electronic comment, the EPA significant adverse written comment by disclosure is restricted by statute. recommends that you include your October 15, 2019 on the amendments. If Certain other material, such as name and other contact information in significant adverse comments are copyrighted material, is not placed on the body of your comment and with any received on the amendments, the EPA the internet and will be publicly digital storage media you submit. If the will publish a timely withdrawal in the available only in hard copy. Publicly EPA cannot read your comment due to Federal Register clarifying which available docket materials are available technical difficulties and cannot contact provisions will become effective and either electronically in Regulations.gov you for clarification, the EPA may not which provisions are being withdrawn or in hard copy at the EPA Docket be able to consider your comment. due to adverse comment. Center, Room 3334, WJC West Building, Electronic files should not include ADDRESSES: You may send comments, 1301 Constitution Avenue NW, special characters or any form of identified by Docket ID No. EPA–HQ– Washington, DC. The Public Reading encryption and be free of any defects or OAR–2019–0298, by any of the Room is open from 8:30 a.m. to 4:30 viruses. For additional information following methods: p.m., Monday through Friday, excluding about the EPA’s public docket, visit the
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EPA Docket Center homepage at https:// K. Executive Order 12898: Federal Actions kept pace with OFR’s evolving policies www.epa.gov/dockets. To Address Environmental Justice in and procedures on IBR. In addition, the Minority Populations and Low-Income Submitting CBI. Do not submit existing regulations—dating back to Populations 1978—relating to the availability of information containing CBI to the EPA L. Congressional Review Act (CRA) through https://www.regulations.gov/ or approved state plans only reference the email. Clearly mark the part or all of the I. Background physical availability of the plans at information that you claim to be CBI. In 1978, the EPA established a new specified EPA locations, and the For CBI information on any digital part 62 of Title 40 of the Code of Federal addresses for the EPA Headquarters in storage media that you mail to the EPA, Regulations, including a subpart A— Washington, DC, as well as some of the mark the outside of the digital storage General Provisions. 43 FR 51393 Regional offices, are out of date. The media as CBI and then identify (November 3, 1978). 40 CFR part 62 EPA is amending sections 62.02, 62.10, electronically within the digital storage relates to the approval and and 62.12 of 40 CFR part 62, subpart A. media the specific information that is promulgation of state plans and federal These amendments will help to ensure claimed as CBI. In addition to one plans under Clean Air Act sections that part 62 state plans or state plan complete version of the comments that 111(d) and 129. Emission guidelines for revisions are appropriately incorporated includes information claimed as CBI, various source categories are by reference through the OFR’s current you must submit a copy of the implemented through 40 CFR part 62 IBR process. As part of that effort, the comments that does not contain the via an approved state plan or a federal EPA is amending 40 CFR 62.02(d) to information claimed as CBI directly to plan for each separate source category. remove a broad, general statement the public docket through the The EPA generally intends to relating to IBR. The EPA intends to procedures outlined in Instructions incorporate in part 62, by reference, continue to incorporate state plans by above. If you submit any digital storage approved state plans. The requirements reference, but, going forward, the EPA media that does not contain CBI, mark of the General Provisions, together with intends to use appropriate IBR language the outside of the digital storage media the provisions of the state-specific in connection with each individual clearly that it does not contain CBI. subparts of part 62, reflect that action relating to the approval of Information not marked as CBI will be intention. particular state plans, rather than included in the public docket and the Among other matters, the General attempt to rely, in all cases, on a simple EPA’s electronic public docket without Provisions refer to the Incorporation by statement in the General Provisions. In prior notice. Information marked as CBI Reference (IBR) of state plans, stating addition, we are updating the addresses will not be disclosed except in generally that: ‘‘All approved regulatory of the EPA Region II and IV offices in accordance with procedures set forth in provisions of each plan are incorporated the table to 40 CFR 62.10. Finally, we 40 Code of Federal Regulations (CFR) by reference in this part.’’ 40 CFR are adding an address for the National part 2. Send or deliver information 62.02(a). The General Provisions also Archives and Records Administration identified as CBI only to the following address the availability of applicable and updating the EPA addresses in 40 address: OAQPS Document Control plans, indicating that state plans would CFR 62.12(a), (b), and (c). Officer (C404–02), OAQPS, U.S. be available at EPA Headquarters, as III. Statutory and Executive Order Environmental Protection Agency, well as at EPA Regional offices at stated Reviews Research Triangle Park, North Carolina addresses. 40 CFR 62.12 (cross- Additional information about these 27711, Attention Docket ID No. EPA– referencing 40 CFR 62.10). These statutes and Executive Orders can be HQ–OAR–2019–0298. references to EPA locations are, at least found at https://www.epa.gov/laws- in part, out of date. The address for EPA Organization of this document. The regulations/laws-and-executive-orders. information in this preamble is Headquarters, for example, is given as organized as follows: the EPA’s former location in Southwest A. Executive Order 12866: Regulatory Washington, DC, rather than its current Planning and Review and Executive I. Background II. The Amendments location in Northwest Washington, DC. Order 13563: Improving Regulation and III. Statutory and Executive Order Reviews The Freedom of Information Act Regulatory Review A. Executive Order 12866: Regulatory generally requires federal agencies to This action is not a significant Planning and Review and Executive publish substantive rules in the Federal regulatory action and was, therefore, not Order 13563: Improving Regulation and Register, but also allows for IBR: submitted to the Office of Management Regulatory Review Otherwise ‘‘reasonably available’’ matter and Budget for review. B. Executive Order 13771: Reducing ‘‘is deemed published in the Federal Regulation and Controlling Regulatory Register when incorporated by reference B. Executive Order 13771: Reducing Costs therein with the approval of the Director Regulation and Controlling Regulatory C. Paperwork Reduction Act (PRA) Costs D. Regulatory Flexibility Act (RFA) of the Federal Register.’’ 5 U.S.C. 552(a). E. Unfunded Mandates Reform Act The Office of the Federal Register (OFR) This action is not an Executive Order (UMRA) published regulations setting out 13771 regulatory action because this F. Executive Order 13132: Federalism policies and procedures relating to IBR action is not significant under Executive G. Executive Order 13175: Consultation at 1 CFR part 51 and, on several Order 12866. and Coordination With Indian Tribal occasions, significantly modified and Governments amended those procedures. See, for C. Paperwork Reduction Act (PRA) H. Executive Order 13045: Protection of example, 37 FR 23614 (November 4, This action does not impose an Children From Environmental Health 1972); 44 FR 19181 (April 2, 1979); 47 information collection burden under the Risks and Safety Risks I. Executive Order 13211: Actions FR 34107 (August 6, 1982); and 79 FR PRA. 66267 (November 7, 2014). Concerning Regulations That D. Regulatory Flexibility Act (RFA) Significantly Affect Energy Supply, II. The Amendments Distribution, or Use I certify that this action will not have J. National Technology Transfer and The original, unamended, 1978 IBR a significant economic impact on a Advancement Act (NTTAA) language in 40 CFR part 62 has not fully substantial number of small entities
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under the RFA. In making this regulatory actions that concern PART 62—APPROVAL AND determination, the impact of concern is environmental health or safety risks that PROMULGATION OF STATE PLANS any significant adverse economic the EPA has reason to believe may FOR DESIGNATED FACILITIES AND impact on small entities. An agency may disproportionately affect children, per POLLUTANTS certify that a rule will not have a the definition of ‘‘covered regulatory significant economic impact on a action’’ in section 2–202 of the ■ 1. The authority citation for part 62 substantial number of small entities if Executive Order. This action is not continues to read as follows: the rule relieves regulatory burden, has subject to Executive Order 13045 Authority: 42 U.S.C. 7401 et seq. no net burden, or otherwise has a because it does not concern an positive economic effect on the small environmental health risk or safety risk. Subpart A—General Provisions entities subject to the rule. This action I. Executive Order 13211: Actions is administrative and does not change Concerning Regulations That ■ 2. Section 62.02 is amended by any requirements for affected entities. Significantly Affect Energy Supply, revising paragraph (d) to read as We have, therefore, concluded that this Distribution, or Use follows: action will have no net regulatory burden for all directly regulated small This action is not subject to Executive § 62.02 Introduction. entities. Order 13211, because it is not a * * * * * significant regulatory action under E. Unfunded Mandates Reform Act Executive Order 12866. (d) Section 62.12 provides (UMRA) information on availability of applicable J. National Technology Transfer and plans. The Administrator and state and This action does not contain an Advancement Act (NTTAA) local agencies shall enforce unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. This rulemaking does not involve (1) Regulatory provisions of a plan 1531–1538, and does not significantly or technical standards. approved or promulgated by the uniquely affect small governments. The K. Executive Order 12898: Federal Administrator, and action imposes no enforceable duty on Actions To Address Environmental (2) All permit conditions or denials any state, local, or tribal governments or Justice in Minority Populations and issued in carrying out the approved or the private sector. Low-Income Populations promulgated regulations for the review of designated facilities. F. Executive Order 13132: Federalism The EPA believes that this action does not have disproportionately high and * * * * * This action does not have federalism adverse human health or environmental implications. It will not have substantial ■ 3. Section 62.10 is amended by: effects on minority populations, low- ■ direct effects on the states, on the income populations, and/or indigenous a. Revising the introductory text. relationship between the national peoples, as specified in Executive Order ■ b. Revising the table heading entitled government and the states, or on the 12898 (59 FR 7629, February 16, 1994). ‘‘Region and jurisdiction covered’’. distribution of power and This action is merely administrative. ■ c. Revising the entries ‘‘II—New York, responsibilities among the various New Jersey, Puerto Rico, Virgin levels of government. L. Congressional Review Act (CRA) Islands’’, ‘‘IV—Alabama, Florida, G. Executive Order 13175: Consultation This rule is exempt from the CRA Georgia, Mississippi, Kentucky, North and Coordination With Indian Tribal because it is a rule of agency Carolina, South Carolina, Tennessee’’, Governments organization, procedure, or practice that and ‘‘VI—Arkansas, Louisiana, New does not substantially affect the rights or Mexico, Oklahoma, Texas’’. This action does not have tribal obligations of non-agency parties. implications as specified in Executive The revisions read as follows: List of Subjects in 40 CFR Part 62 Order 13175. This action is § 62.10 Submission to the Administrator. administrative and does not change any Environmental protection, requirements for affected entities, Administrative practice and procedure, Except as otherwise provided in including tribes. Thus, Executive Order and Air pollution control. § 60.23 of this chapter, all requests, reports, applications, submittals, and 13175 does not apply to this action. Dated: August 15, 2019. other communications to the H. Executive Order 13045: Protection of Andrew R. Wheeler, Administrator pursuant to this part shall Children From Environmental Health Administrator. be submitted in duplicate and addressed Risks and Safety Risks For the reasons set forth in the to the appropriate Regional office of the The EPA interprets Executive Order preamble, EPA amends 40 CFR part 62 Environmental Protection Agency.’’ The 13045 as applying only to those as follows: Regional offices are as follows:
TABLE 1 TO § 62.10
Region and jurisdiction Address
******* II—New York, New Jersey, Puerto Rico, Virgin Islands ...... 290 Broadway, New York, NY 10007–1866.
******* IV—Alabama, Florida, Georgia, Mississippi, Kentucky, North Carolina, 61 Forsyth Street SW, Atlanta, GA 30303–3104. South Carolina, Tennessee.
******* VI—Arkansas, Louisiana, New Mexico, Oklahoma, Texas ...... 1201 Elm Street, Suite 500, Dallas, TX 75270.
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TABLE 1 TO § 62.10—Continued
Region and jurisdiction Address
*******
■ 3. Section 62.12 is amended by been completed. However, the deletion Quitclaim Deed dated July 2, 2015 and revising paragraphs (a) and (b) to read of this parcel does not preclude future recorded in book 33279, Page 51, also as follows: actions under Superfund. identified as Plat 597–138 in Tax Map 58. Approximately 0.11 acres of property owned DATES: § 62.12 Availability of applicable plans. This action is effective August by LSTAR Southfield, LLC, described in 30, 2019. * * * * * Quitclaim Deed dated July 2, 2015 and ADDRESSES: EPA has established a recorded in book 33279, Page 51, also (a) EPA Docket Center, Room 3334, docket for this action under Docket identified as Plat 597–137 in Tax Map 58. WJC West Building, 1301 Constitution Identification No. EPA–HQ–SFUND– Avenue NW, Washington, DC. of the South Weymouth Naval Air (b) The applicable EPA Regional 1994–0009. All documents in the docket Station, Weymouth, MA. A Notice of office, at the address listed in § 62.10. are listed on the http:// Intent for Partial Deletion for the USCG www.regulations.gov website. Although [FR Doc. 2019–18235 Filed 8–29–19; 8:45 am] Buoy Depot was published in the listed in the index, some information is Federal Register (84 FR 31281) on July BILLING CODE 6560–50–P not publicly available, i.e., Confidential 1, 2019. Business Information or other The closing date for comments on the information whose disclosure is ENVIRONMENTAL PROTECTION Notice of Intent for Partial Deletion was restricted by statute. Certain other AGENCY July 31, 2019. No public comments were material, such as copyrighted material, received. 40 CFR Part 300 is not placed on the internet and will be EPA maintains the NPL as the list of publicly available only in hard copy sites that appear to present a significant [EPA–HQ–SFUND–1994–0009; FRL–9998– form. Publicly available docket 94-Region 1] risk to public health, welfare, or the materials are available either environment. Deletion of a site from the electronically through http:// National Oil and Hazardous NPL does not preclude further remedial www.regulations.gov or in hard copy at Substances Pollution Contingency action. Whenever there is a significant the site information repositories. Plan; National Priorities List: Partial release from a site deleted from the NPL, Locations, contacts, phone numbers and Deletion of the U.S. Coast Guard the deleted site may be restored to the viewing hours are: (USCG) Buoy Depot of the South NPL without application of the hazard Weymouth Naval Air Station Superfund a. EPA Region 1 Records Center, 5 Post ranking system. Deletion of portions of Site Office Square, Suite 100, 1st Floor, a site from the NPL does not affect Boston, MA 02109, Phone: 1–617– responsible party liability, in the AGENCY: Environmental Protection 918–1440. Hours: Mon–Fri 8 a.m. to 5 unlikely event that future conditions Agency (EPA). p.m., excluding federal holidays warrant further actions. ACTION: Final rule. b. Navy Caretaker Site Office, 223 Shea Memorial Drive, South Weymouth, List of Subjects in 40 CFR Part 300 SUMMARY: The Environmental Protection MA 02190 (Records may be viewed by Environmental protection, Air Agency (EPA) Region 1 announces the appointment only. Contact Mr. David pollution control, Chemicals, Hazardous deletion of the U.S. Coast Guard (USCG) Barney at 781–626–0105 or waste, Hazardous substances, Buoy Depot of the South Weymouth [email protected] to schedule Intergovernmental relations, Penalties, Naval Air Station (NAS) Superfund Site an appointment.) Reporting and recordkeeping (Site) located in Weymouth, MA, from FOR FURTHER INFORMATION CONTACT: requirements, Superfund, Water the National Priorities List (NPL). The Robert Lim, Remedial Project Manager, pollution control, Water supply. NPL, promulgated pursuant to section U.S. Environmental Protection Agency, Dated: August 12, 2019. 105 of the Comprehensive Region 1, Five Post Office Square Environmental Response, Deborah A. Szaro, (Mailcode: 07–3), Boston, MA 02109, Compensation, and Liability Act Acting Regional Administrator, Region 1. (617) 918–1392, email: lim.robert@ (CERCLA) of 1980, as amended, is an epa.gov. For reasons set out in the preamble, appendix of the National Oil and 40 CFR part 300 is amended as follows: Hazardous Substances Pollution SUPPLEMENTARY INFORMATION: Contingency Plan (NCP). This partial The portion of the site to be deleted PART 300—NATIONAL OIL AND deletion pertains to the soil and from the NPL is: HAZARDOUS SUBSTANCES groundwater at the USCG Buoy Depot 4.77 acres of property owned by the United POLLUTION CONTINGENCY PLAN (Operable Unit #10). The remaining States of America (United States Coast operable units at South Weymouth NAS Guard) described in Quitclaim Deed dated ■ 1. The authority citation for part 300 will remain on the NPL and are not October 30, 1941 and recorded in book 6561, continues to read as follows: considered for deletion as part of this Page 513, also identified as Lot 650–1 in Tax Authority: 33 U.S.C. 1321(d); 42 U.S.C. action. The EPA and the Map 58. Approximately 0.20 acres of 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, property owned by the United States of 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, Commonwealth of Massachusetts, America (United States Navy) described in through the Massachusetts Department 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 Quitclaim Deed dated January 1, 1900, also FR 2923, 3 CFR, 1987 Comp., p. 193. of Environmental Protection (MassDEP), identified as Plat 597–152 in Tax Map 58. have determined that all appropriate Approximately 0.04 acres of property owned ■ 2. Table 2 of Appendix B to part 300 response actions under CERCLA have by LSTAR Southfield, LLC, described in is amended by revising the entry for
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‘‘MA, South Weymouth Naval Air Appendix B to Part 300—National Station’’ to read as follows: Priorities List
TABLE 2—FEDERAL FACILITIES SECTION
State Site name City/County Notes (a)
******* MA ...... South Weymouth Naval Air Station ...... Weymouth ...... P
******* ******* Notes: (a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). ******* P = Sites with partial deletion(s).
[FR Doc. 2019–18600 Filed 8–29–19; 8:45 am] on July 10, 2019, and released on July will require covered MVPDs to upload BILLING CODE 6560–50–P 11, 2019. The complete text of this email and phone contact information to document is available electronically via either the COALS database or to the the search function on the FCC’s online public inspection file. In FEDERAL COMMUNICATIONS Electronic Document Management addition, in the Further Notice of COMMISSION System (EDOCS) web page at https:// Proposed Rulemaking published apps.fcc.gov/edocs_public/ (https:// elsewhere in this issue of the Federal 47 CFR Part 25, 73, and 76 apps.fcc.gov/edocs_public/). The Register, we seek comment on whether [MB Docket Nos. 17–317, 17–105; FCC 19– complete document is available for and how the modernized framework 69] inspection and copying in the FCC described in this Order should be Reference Information Center, 445 12th extended to certain broadcasters and Electronic Delivery of MVPD Street SW, Room CY–A257, covered MVPDs that do not use the Communications; Modernization of Washington, DC 20554 (for hours of Commission databases referenced in Media Regulation Initiative operation, see https://www.fcc.gov/ this Order. Through this proceeding, the general/fcc-reference-information- Commission continues its efforts to AGENCY: Federal Communications center). To request materials in modernize regulations and reduce Commission. accessible formats for people with unnecessary requirements that can ACTION: Final rule. disabilities (Braille, large print, impede competition and innovation in electronic files, audio format), send an the media marketplace. SUMMARY: In this document, the Federal email to [email protected] (mail to: 2. Background. The Commission has Communications Commission [email protected]) or call the FCC’s long contemplated the potential for an modernizes the carriage election notice Consumer and Governmental Affairs incubator program to provide new rules by permitting broadcasters to post Bureau at (202) 418–0530 (voice), (202) sources of capital and support to entities their carriage elections online and send 418–0432 (TTY). that may otherwise lack access to notices to covered multichannel video financing or operational experience. In Synopsis programming distributors (MVPDs) by concept, an incubator program seeks to email only when first electing carriage 1. Introduction. In this Report and provide an established broadcaster with or changing their carriage election status Order, we modernize the Commission’s an inducement in the form of an from must carry to retransmission carriage election notice rules by ownership rule waiver or similar benefit consent or vice versa. Additionally, all permitting broadcasters to post their to invest the time, money, and resources parties will be required to post their carriage elections online, and to send needed to facilitate broadcast station contact information online on notices to covered multichannel video ownership by new and diverse entrants. Commission databases. programming distributors (MVPDs) by An incubator program contemplates DATES: email only when changing their carriage that, in exchange for a defined benefit, Effective date: This rule is effective election status. This approach will an established company could assist a October 29, 2019. replace our current regulatory new owner by providing ‘‘management Compliance date: Compliance will framework, under which a broadcast or technical assistance, loan guarantees, not be required for §§ 25.701, 73.3526, station typically must send a paper direct financial assistance through loans 73.3527, 76.64, and 76.66(d) until the notice via certified mail to covered or equity investments, training, or Commission publishes a document in MVPDs every three years, regardless of business planning assistance.’’ the Federal Register announcing the whether its carriage election changes or 3. Under the Communications Act of compliance date. not. For the purposes of this Order, a 1934, as amended (the Act), full power FOR FURTHER INFORMATION CONTACT: Lyle covered MVPD is a cable operator, television broadcast stations, and Elder, [email protected], 202–418– Direct Broadcast Satellite (DBS) certain low power stations and 2120, or Varsha Mangal, provider, or any other MVPD for which translator stations, are entitled to [email protected], 202–418–0073. broadcasters currently elect or request mandatory carriage of their signal (also SUPPLEMENTARY INFORMATION: This is a carriage and which uses the online known as ‘‘must carry’’) on any cable summary of the Commission’s Report public file and/or Cable Operations and system located within their local and Order (Order), FCC 19–69, in MB Licensing System (COALS). To make market, also known as their designated Docket Nos. 17–317, 17–105, adopted our new approach workable, we also market area (DMA). Full power stations
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also have carriage rights on any DBS the three-year period beginning the carriage elections and requests. In provider providing local service into the following January. A similar triennial response to these concerns, the market. Each satellite carrier providing notice requirement, applying to both Commission adopted a Notice of secondary transmissions to subscribers commercial and noncommercial Proposed Rulemaking (NPRM) (83 FR located within the local market of a television broadcast stations, later was 2119, Jan. 16, 2018) and opened this television broadcast station of a primary adopted as part of the carry one, carry docket in December 2017. The NPRM transmission made by that station shall all regime for DBS providers. Failure by sought comment on alternative means of carry upon request the signals of all a broadcaster to provide timely notice of notifying covered MVPDs about other television broadcast stations its chosen election results in a default broadcaster carriage elections that located within that local market. This election of must carry with respect to would ‘‘satisfy the needs of broadcasters type of carriage is commonly known as cable operators, but a default of and MVPDs.’’ The instant item adopts ‘‘carry one, carry all.’’ Carry one, carry retransmission consent with respect to changes to §§ 76.64(h) and 76.66(d), as all refers to the fact that DBS providers DBS providers. proposed in the NPRM, as well as are not required to carry any local 4. Currently, the rules direct each conforming edits to other related rules. broadcast stations in a market, but must commercial television broadcast station Almost every commenter responding to carry all stations with carriage rights to send a triennial carriage election the NPRM maintained that there are upon request if any local station is notice, via certified mail, to each cable flaws in the current election notification carried (with certain narrow system or DBS provider serving its system. For example, NAB estimates exceptions). The DBS must-carry/ market, and each NCE station to send that station groups are spending more such notices to DBS providers. As retransmission consent regime than $1,000 per station, per carriage discussed herein, NCE stations are not otherwise functions in a manner very election cycle, on carriage elections, required to make triennial cable carriage similar to the cable regime. But no low between searching for MVPD contact elections. In addition, the rules power station shall be entitled to insist information, outside law firm expenses, generally also require stations to place on carriage under this section on DBS and certified mail costs. Despite this triennial carriage election statements in providers. If a broadcast station asserts time and expense, broadcasters claim their online inspection files, but as its must-carry rights, the MVPD may not that they are often still not certain explained in the Further Notice of accept or request any compensation whether they have correctly identified Proposed Rulemaking, neither qualified whatsoever from the broadcaster in and verified cable operators’ contact low power television stations nor TV information, and ‘‘send duplicative exchange for carriage of its signal. translator stations are required under Alternatively, commercial broadcast notices to avoid the severe our rules to maintain public inspection consequences of making a defective stations with carriage rights may elect files. The notice must state whether the ‘‘retransmission consent.’’ The terms of retransmission consent election.’’ To station has elected mandatory carriage avoid the significant legal and financial retransmission consent frequently or retransmission consent. The rules include, among other negotiated terms, consequences that arise from the failure applicable to DBS provider notices also to make timely elections, and to reduce compensation from the MVPD to the require that the certified mail letter be broadcaster in exchange for the right to the costs and resources incurred while ‘‘return receipt requested.’’ making the election, some commenters carry the station’s signal. If the 5. In response to the initial Public suggested ways to modernize the broadcaster and MVPD cannot reach a Notice in the Media Modernization carriage election process. For example, retransmission consent agreement, proceeding, a number of commenters ION supported ‘‘a simple requirement however, the MVPD is prohibited from expressed concerns about, and proposed that stations post their elections in their carrying the broadcaster’s signal. Thus, changes to, the carriage election commercial broadcasters are presented notification process. Specifically, ABC online public inspection files.’’ APTS with a carriage choice—elect mandatory Television Affiliates Association, CBS proposed that the ‘‘obligation to re-file carriage and forego compensation while Television Network Affiliates satellite carriage requests every three assuring carriage, or elect Association, and FBC Television years for NCE–TVs should be retransmission consent and forego Affiliates Association said the current eliminated.’’ NCTA proposed that assured carriage while retaining the ‘‘requirement burdens television broadcasters submit their carriage possibility of compensation for carriage. stations because there is no central election notification via email to a Noncommercial educational stations repository for the information single point of contact for each operator. (NCEs) are entitled to must carry, but necessary’’ to send election notices. DISH, though favoring the status quo, not to elect retransmission consent. Any Many of these commenters proposed proposed the creation of a Commission- requests NCE stations make, including that broadcasters should be able to hosted website through which those made at the outset of their or a satisfy their carriage election broadcasters can elect carriage, a cable system’s operation, must be requirement by sending an email to an proposal endorsed by AT&T. AT&T included in their public file ‘‘for the MVPD or simply uploading the carriage itself proposed to ‘‘permit broadcasters duration of any period to which the election into their public file. But the to use express delivery mail with request applies. When the Commission American Cable Association argued that tracking instead of certified mail.’’ With implemented the statutory provisions continued reliance on certified mail is the exception of the DBS providers, establishing the must-carry/ essential and AT&T proposed allowing commenters generally now support the retransmission consent regime, it notice to be sent via any express mail Joint Proposal, which synthesizes adopted a requirement that each service, rather than only by certified various aspects of this wide array of commercial television broadcast station mail, return receipt requested. Although proposals. provide notice to every cable operator some commenters in the Media 6. On December 7, 2018, the National every three years electing either Modernization docket proposed even Association of Broadcasters (NAB) and mandatory carriage or retransmission broader changes to the must-carry/ NCTA—the internet and Television consent. Carriage elections by retransmission consent system, in this Association (NCTA) jointly submitted a commercial television stations must be proceeding we are focused exclusively proposal setting forth a recommendation made by October 1 every three years, for on the way broadcasters communicate of how to modernize the election
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notification process (Joint Proposal) for be considered to have been properly that carriage, except in those narrow commercial broadcasters and cable delivered if it is timely placed in the cases we separately address in the operators. Specifically, the Joint broadcaster’s public file and emailed to Further Notice of Proposed Rulemaking Proposal seeks to ‘‘alleviate the burdens the Commission. published elsewhere in this issue of the associated with the current notification 8. NAB and NCTA suggest that each Federal Register. In the Further Notice process’’ by revising our rules as cable operator ‘‘provide a general of Proposed Rulemaking, we seek necessary so that carriage elections email address, where comment on whether and how to apply a commercial broadcast TV station would be broadcasters will send their election these new rules to broadcast stations required to send notice of its must carry or notices’’ and a phone number to be used and covered MVPDs that do not have retransmission consent election to a cable only ‘‘in the event of questions as to access to the online public file and/or operator only if the station changed its whether’’ a notice was received. They COALS. We conclude that it will serve election status from its previous election. In propose that this contact information the public interest and enhance those cases, the broadcaster would send its would be on the ‘‘first page’’ of each administrative efficiency to have a notice to an email address listed in the cable cable system’s public file, ‘‘or in the unified approach for carriage election operator’s online public file or in the FCC’s FCC’s Cable Operations and Licensing Cable Operations and Licensing System notices. (COALS) database, for cable operators that do System (COALS) database, for cable 12. Almost all commenters support not have an online public file. operators that do not have an online the Joint Proposal, and we find that it public file.’’ The proposal contemplates While the proposal’s terms are limited addresses many of the concerns raised that the contact information must be throughout this proceeding by to commercial broadcast stations and kept current by the cable operator, and broadcasters and MVPDs alike. For cable operators, the types of entities that should always be ‘‘up-to-date within 60 example, ION and the Affiliates and are members of NAB and NCTA, NAB days of the next carriage election Networks urge us to ‘‘adopt the proposal ‘‘believes these rules should apply deadline.’’ In addition, cable operators without’’ revision. Meredith states that uniformly to all MVPDs.’’ NAB also has would be required to ‘‘generate a the proposal ‘‘reduces the opportunity stated that ‘‘There is no reason to limit response to the broadcaster’s for ‘gotcha’ gamesmanship’’ and it the proposal’s application to only notification email so that the supports ‘‘this common sense, easily commercial broadcasters, and no one in broadcaster knows its election notice applied, Twenty First Century the record has suggested doing so. The was received,’’ but this response would proposal.’’ But as noted above and FCC should allow noncommercial ‘‘not be considered the cable operator’s broadcasters to benefit from a affirmation that the broadcast station discussed further below, DISH and modernized notice regime, including by fully satisfied its notice obligation.’’ AT&T, the two existing DBS providers, no longer requiring them to ‘elect’ 9. The Joint Proposal suggests updates object to being subject to the Joint mandatory carriage every three years for to the Commission’s online file and Proposal. In addition, AT&T suggests satellite providers.’’ The Joint Proposal COALS databases to implement these that we change the election deadline suggests that this change be in effect for proposed changes. Finally, it proposes and the timeline for MVPD responses. the 2021–2023 carriage election cycle. the creation of a Commission ‘‘email As emphasized above, in this The next carriage election deadline is address that broadcasters will [carbon proceeding we are focused exclusively October 1, 2020. Broadcasters would copy] when sending election notices to on the way broadcasters communicate ‘‘continue to include copies of their cable operators.’’ The Joint Proposal carriage elections and requests. We did election statements in their online specifically does not propose to change not seek comment on, and we do not public files.’’ the current default election provisions, make, any other changes to the carriage 7. In order to make this process work, and recommends maintaining the status election process or the responsibilities NAB and NCTA propose that a quo with respect to any situation not and rights of the parties involved. The broadcaster email a notice to a cable expressly contemplated in the proposal. ‘‘unanswered questions’’ identified by operator whenever changing its election 10. The Media Bureau issued a DISH/AT&T, such as the question of with respect to one or more of that document seeking comment on the Joint which carriage election controls if a operator’s systems. Each such change Proposal (84 FR 4039, Feb. 14, 2019). broadcaster files multiple requests or notice must ‘‘identify [the broadcast] Specifically, it asked whether, and to sends multiple notices, are not specific station call sign(s), the DMA and the what extent, the Commission should to this proceeding. That is, issues such specific change being made in election adopt the recommendations set forth in as these would be handled just as they status,’’ and include an email address the proposal. Commenters generally always have been. For example, our and phone number ‘‘in case cable support the substance of the Joint precedent generally holds that in the operators have additional questions.’’ Proposal, although DISH and AT&T case where a broadcaster files multiple This email address and phone number oppose its application to DBS providers inconsistent carriage election notices, must also be on the ‘‘first page of each and claim that they have a greater need the first valid election is binding. ACA of [a broadcaster’s] stations’ public for triennial notices than other covered also proposed revisions to our rules files,’’ and must be updated if they MVPDs. ‘‘with respect to notices that cable change. If an operator has multiple 11. Discussion. We adopt the Joint operators are required to deliver to systems within a DMA, the notice must Proposal and expand upon it in two broadcast stations.’’ After filing identify them individually only if the significant ways. Specifically, although comments, but before filing ex partes, broadcaster ‘‘changes its election for the Joint Proposal relates to commercial the American Cable Association some systems . . . but not all.’’ If a broadcasters and cable operators, we changed its name to ACA Connects— broadcaster is unable to deliver a also will apply certain elements of the America’s Communications Association. ‘‘change of election’’ notice to a listed rules implementing the proposal to NCE Although they are outside the scope of email address due to a problem with the stations. We will also apply the new this proceeding, the Commission email address or the operator’s ability to rules to DBS providers. Thus, our new separately is seeking comment on the receive the email, and is unable to framework will be relevant to all proposals raised by ACA, and related contact the operator using a provided broadcasters with mandatory carriage efforts to ‘‘extend[] the benefits of phone number, then the notice will still rights, and all MVPDs responsible for electronic delivery’’ to MVPD notices.
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Pine Belt Communications (Pine Belt) simple as ‘‘[INSERT CALL SIGN] elects return receipt when sending certified asks us to ‘‘review the extreme increases [must-carry/retransmission consent] on mail. As under the current rules, it is the in broadcast retransmission rates.’’ This all MVPDs in the [INSERT DMA NAME] responsibility of the broadcaster who is subject is beyond the scope of this Designated Market Area for the 2021– sending the notice to ensure that the proceeding and is therefore not 2023 carriage cycle.’’ If the station is notice is timely sent and contains all of addressed in this Order. Under our new making different elections with respect the required, accurate, information. If approach, broadcasters will make their to different MVPDs, however, its the email is timely and properly sent to carriage elections by placing them into statement must reflect those differences. the MVPD’s listed address, but the their online public files, and they will Furthermore, any change notices sent to broadcaster receives no verification and be required to provide a separate MVPDs must be attached to this election is unable to reach anyone at the electronic notice of those elections to statement. Election statements must be provided phone number, the notice still relevant MVPDs only when and if they uploaded to a station’s public file by the will be considered to have been change their election from the previous triennial deadline currently specified in properly delivered if it was properly election period. This includes not only our rules. copied to the Commission’s election stations that are already being carried on 14. The second component of our new notice mailbox and is timely placed in the MVPD, but also stations announcing approach is that, if a commercial the broadcaster’s public file. Similarly, their intent to be carried by new systems broadcaster changes its carriage election if an MVPD does not maintain a or a new provider under §§ 76.64(k) and for a specific covered MVPD, an election required COALS account or public file, 76.66(d)(2) of our rules, or new change notice must be sent to that or fails to provide any carriage contact broadcast television stations electing MVPD’s carriage election-specific email information at all, a broadcaster’s carriage under § 76.64(f)(4) or address and attached to the station’s election change notice still will be § 76.66(d)(3)(ii). NCE stations that are election statement in its public file by considered to have been properly currently being carried will place only the carriage election deadline. Such delivered if it is timely sent to the a one-time DBS carriage request in their change notices must include, with Commission’s election notice mailbox public file. Thus, only a limited number respect to each station covered by the and is timely placed in the broadcaster’s of notices will need to be sent to MVPDs notice: The station’s call sign, the public file. and these will be sent via email instead station’s community of license, the 16. NCE Stations. Although the Joint of via paper mail. In addition, we DMA where the station is located, the Proposal applies only to commercial require broadcasters and DBS providers specific change being made in election broadcast stations, we also apply certain to upload to their online public files status, and an email address and phone elements of it to NCE stations, as both an email address and a phone number for carriage-related questions. suggested by Public Broadcasting. number for purposes of carriage related This contact information must be the Because NCE stations, unlike inquiries, and we require cable same carriage-related contact commercial stations, cannot elect operators to upload the same information posted in the online public retransmission consent, we find it information in COALS. This contact file at the time the election notice is appropriate to apply different notice information must be uploaded no later sent. Consistent with the Joint Proposal, than July 31, 2020 and must be kept up- if the notice is sent to a cable operator, requirements to NCE stations to ensure to-date thereafter. the broadcaster ‘‘would need to identify that they are not unduly burdened. Our specific cable systems for which a current rules require NCE stations to Application of Joint Proposal to carriage election applies [only] if the send written election notices to DBS Broadcasters broadcaster changes its election for providers every three years, even though 13. Commercial Television Stations. some systems of the cable operator but these stations only may request We largely adopt the election not all.’’ In addition, the broadcaster mandatory carriage, and are not notification framework suggested in the must carbon copy ElectionNotices@ permitted to ‘‘elect’’ retransmission Joint Proposal with respect to FCC.gov when sending its carriage consent on any MVPD. Public commercial broadcasters. The first elections to MVPDs. A single notice may Broadcasting states that ‘‘once an NCE– component of our new framework for cover all of a broadcaster’s stations, as TV station requests mandatory carriage commercial broadcast TV stations is that well as all of a cable operator’s systems from a cable operator, the carriage they will upload a single triennial or all of a DBS provider’s served DMAs. request continues, absent a change in carriage election statement to their Copies of a change notice must be circumstances. Thus, there is no online public files, a streamlining of included in the public file of every requirement that NCE–TV stations their current obligation to post and station affected by that change notice. In ‘reelect’ mandatory carriage on cable for retain separate election statements for this regard, the record in this every three-year cycle.’’ The record each MVPD by which they are carried. proceeding suggests that election status provides no justification for modifying This filing will constitute the formal changes are the exception rather than this process. Nor do any commenters carriage election of the station that is the rule, since approximately 15% of its suggest that we do so. We agree with required by the statute. Thus, a failure must-carry stations change election Public Broadcasting (and NAB) that ‘‘re- to timely upload the statement will status or ownership and/or network notify[ing] satellite carriers’’ every three result in a default election, as well as a affiliation from cycle to cycle. years of their request for carriage via violation of the broadcast public file 15. If a broadcaster does not receive ‘‘the antiquated method of certified rule. To the extent a commercial a response verifying receipt of its mail’’ is unnecessary. NAB agrees broadcaster makes different elections change notice, or gets an indication that ‘‘[t]here is no reason to limit the with respect to different MVPDs, the the message was not delivered, it must proposal’s application to only election statement included in the contact the MVPD via the provided commercial broadcasters,’’ and that we public file must reflect those phone number to confirm that the notice ‘‘should allow noncommercial differences. If a station makes a uniform was received or arrange for it to be broadcasters to benefit from a election, a blanket election statement for redelivered. The verification email from modernized notice regime.’’ As Public the relevant DMA will suffice. For the MVPD is meant to confirm receipt Broadcasting also notes, the current example, its statement could be as of the email in a manner similar to a ‘‘outdated’’ notice requirements have
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recently resulted in ‘‘[h]undreds of argue that this need arises because DBS rules must provide an email address and thousands of members of the public’’ providers have a more limited ability phone number in their public files for losing access to some ‘‘noncommercial than cable operators to gather carriage-related questions no later than educational public television service’’ in information about mandatory carriage July 31, 2020, approximately 60 days the Minority Television Project case. In stations and need the triennial notices prior to the 2020 carriage election that case, the Media Bureau denied a in order to find out about stations’ deadline, and maintain up-to-date must carry complaint because the content, ownership, and tower location. contact information at all times broadcaster failed to follow the current We note, however, that none of this thereafter. This email address and election notice rules. Minority information is required to be provided phone number need not be dedicated Television Project, Inc., is the licensee in triennial carriage election notices. As exclusively to carriage issues, so long as of independent non-commercial the Commission found when first the individuals answering them are television station KMTP–TV, San implementing the DBS carriage rules, prepared to address carriage issues. The Francisco, California (KMTP). KMTP however, ‘‘carriers need some measure Commission will ensure that this sent a letter to DISH Network L.L.C. of control in configuring their satellite information appears on the first page of (DISH), electing mandatory carriage on systems to meet their statutory the station’s online public file. This DISH throughout the San Francisco-San obligations,’’ and as a result both proposed requirement has been roundly Jose-Oakland DMA for the 2018–2020 commercial and NCE stations were endorsed by the broadcasters election cycle. The Bureau stated that required to make carriage requests by themselves, and no commenter opposes the ‘‘letter included all of the consistent deadlines. This need for it. As ION compellingly argues, information that is required by [s]ection ‘‘some measure of control’’ persists. ‘‘creating better, more certain lines of 76.66(d)(1) of the Commission’s rules,’’ Therefore, we will require each NCE communication between broadcasters and was timely mailed. It was sent, station to make a request for DBS and cable operators concerning election however, via the United States Postal carriage via the placement of a carriage issues will inevitably lead to a more Service’s Priority Express Mail service. statement into its public file no later cooperative process.’’ ION PN Because § 76.66(d)(1)(ii) of our rules than the next carriage election deadline Comments at 1. The Affiliates and required that it be sent through the of October 1, 2020. New requests for Networks are ‘‘particularly pleased’’ United States Postal Service as first- carriage by NCE stations must be sent to with this reciprocal contact information class certified mail, return receipt an MVPD’s ‘‘carriage election-specific’’ requirement, cheering the ‘‘spirit of requested, the Bureau determined that email address and retained in the cooperation’’ it embodies. DISH/AT&T KMTP did not comply with the rules station’s public file ‘‘for the duration of ‘‘estimate that during the three-year and that KMTP is thus not entitled to any period to which the request election period they may each contact carriage on DISH anywhere in their applies.’’ When the new request is from about a quarter of their must-carry market during the current three -year an existing NCE station that is not being stations regarding technical and/or election cycle. carried by an existing MVPD, the NCE programming related issues,’’ and it is 17. Just like commercial stations must email a copy of its request by the ‘‘thus essential that DBS providers have seeking mandatory satellite carriage, next carriage election deadline, and updated information for these stations,’’ NCE stations are required pursuant to must be carried by the MVPD beginning provided via the triennial election section 338 of the Act to ‘‘request’’ with the next carriage cycle. Each such notices. A centralized electronic carriage from DBS providers. DBS statement must list the station’s call repository of contact information that is providers must retransmit eligible sign, the station’s community of license, readily accessible through the stations only ‘‘upon request.’’ DISH/ and the DMA where the station is Commission’s online public file should AT&T assert that ‘‘[t]his is [ ] the reason located and for which is it requesting make it at least as easy, if not easier than why noncommercial educational carriage. For example, such a request it is today, for an MVPD to find a stations must file carriage election statement could be as simple as specific phone number or email address. letters every election cycle with DBS ‘‘[INSERT CALL SIGN] requests carriage We agree with the suggestion in the providers, but not with cable systems.’’ on DBS providers serving the [INSERT Joint Proposal that both an email We disagree, because the statute does DMA NAME] Designated Market Area.’’ address and a phone number should be not require that NCEs repeatedly re- The statement must be retained in the provided for each station, so that there notify DBS providers about their NCE station’s public file. These is an alternative means of carriage request. We find, instead, that requirements will constitute new communication if the other one fails. by uploading and retaining a carriage obligations for NCE stations. NCE Broadcasters will be required to respond request in their online public files, an stations are required to place requests as soon as is reasonably possible to NCE station will have satisfied the for mandatory carriage on a cable carriage questions from MVPDs. statutory requirement in section 338(a) system in their public files, but there is 19. Application of Joint Proposal to to ‘‘request’’ carriage. Although we no triennial carriage election MVPDs. Under our new rules, each recognize that the SHVIA Order requirement for NCE stations with covered MVPD will be required to required NCE broadcasters to make respect to cable systems. However, provide a designated carriage election requests anew every three years, we find because we are relieving NCE stations of email address, where broadcasters will no bar in the statute to permitting NCE repeated triennial notice obligations, send election change notices, and a broadcasters to make a single including the obligation to send carriage phone number for broadcasters to use in notification to DBS providers. Although requests via certified mail to DBS the event of questions as to whether the DISH/AT&T claim that ‘‘there is a real providers, this limited application of the MVPD received the station’s election and practical need’’ for every broadcast Joint Proposal framework to these notice. We anticipate, but do not station asserting its must-carry rights stations will result in a significant and mandate, that the email address will be (including NCE stations) to send a meaningful reduction in their overall dedicated exclusively to election change triennial election notice to DBS regulatory burdens. notices, but the individuals answering providers, we do not agree for the 18. Broadcaster Contact Information. emails and phone calls to the designated reasons discussed below. DISH/AT&T All broadcasters subject to our new contacts must be prepared to address
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carriage issues. Covered MVPDs will be 21. Though the Joint Proposal related for continued carriage.’’ AT&T also required to respond as soon as is to cable election notices, we are ‘‘estimates that approximately 15% of reasonably possible to carriage extending the rules to DBS providers as its must-carry stations change election questions from broadcasters. Each well. We are persuaded by NAB that status or ownership and/or network covered MVPD must have a single email having different sets of rules for cable affiliation from cycle to cycle.’’ address and phone number for carriage and DBS ‘‘will only confuse the carriage However, broadcasters are not required issues, regardless of the number of election process and make it more to provide either ‘‘ownership’’ or systems operated or markets served. All difficult for broadcasters to ensure they ‘‘network affiliation’’ information in cable operators will provide this contact have provided proper notice to all carriage election notices. Therefore, the information via COALS, and the relevant MVPDs.’’ We disagree with number of stations that change election Commission will ensure that the DISH/AT&T that there are compelling status is only a subset of the 15% of information provided in COALS is reasons not to apply this updated stations that AT&T references in its automatically transferred to the online process to them. They claim that ‘‘no filing. Moreover, because the evidence files of cable operators that also have an party has explained—or even attempted in this proceeding shows that only a online public file, while the DBS to explain—how mailing, at most, two minority of stations elect must carry, providers will input the information letters once every three years . . . is there likely would be a very small directly into their online public files. burdensome.’’ DISH/AT&T observe that number of stations that would change Cable systems with fewer than 1,000 we ‘‘need not have identical carriage either to or from must-carry status in subscribers are not required to maintain election’’ notice procedures for DBS and any given election cycle. Information an online public file. As with cable, and that, ‘‘for example, the about content, ownership, and tower broadcasters, the Commission will carriage election defaults are different.’’ location, however, is not required to be ensure that this information appears on Even granting that mailing these provided to the DBS providers by the first page of the MVPD’s online triennial letters imposes only a minimal broadcasters in triennial election public file. Covered MVPDs must burden on mandatory carriage stations, notices. If broadcasters are voluntarily provide their contact information by the fact that they do not send these supplying this information to the July 31, 2020, and maintain up-to-date letters to cable operators shows that it providers today, nothing in our new contact information at all times is an unnecessary burden. Indeed, the rules will prohibit their continuing to thereafter. MVPDs are responsible for different carriage election defaults do so in the future. the accuracy and availability of this emphasized by DISH/AT&T increase the 23. We note that our updated election contact information, and broadcasters importance of modernizing the process notification process specifically may rely on its accuracy at any time. for cable and DBS in a consistent way. addresses a significant concern raised Because covered MVPDs are already As some small independent and by DISH earlier in this proceeding. The required to provide some contact noncommercial stations have learned, NPRM asked whether the Commission information to the public, this simply ‘‘mailing a letter’’ to a DBS should revise our rules such that additional carriage contact obligation, provider is not, in fact, enough to ensure broadcasters would be required to place and the requirement to keep this carriage under the current rules because election notices in the public file information up to date, should pose carriage rights have been denied based instead of mailing them. DISH contended in response that this would virtually no burden on covered MVPDs. on violations of the current mailing be ‘‘unworkable for MVPDs’’ unless requirement. We believe that adopting a 20. As suggested in the Joint Proposal, notices were also sent directly to them, simplified and uniform election we also will require covered MVPDs to because MVPDs would have to ‘‘search notification process will decrease the verify receipt of an emailed election hundreds of public files for new possibility that broadcasters, change notice, via email sent back to the election requests.’’ Our revised rules particularly small broadcasters, will fail originating address, as soon as is ameliorate that potential problem by to qualify for carriage based on technical reasonably possible. This will not ensuring that notice of any new or noncompliance with our rules. constitute a statement that ‘‘the changed carriage request is sent via broadcast station fully satisfied its 22. We also disagree that DBS email directly to any affected MVPD. By notice obligation,’’ but rather simply providers have a greater need for the eliminating the ‘‘clutter’’ of hundreds of will indicate that the notice email was triennial notices than their cable election notices that simply reaffirm an received. In other words, the counterparts and therefore that the existing election, these rules will aid verification email is meant to confirm methodology in the Joint Proposal DBS providers in recognizing and receipt of the email in a manner similar should not apply to them. DISH/AT&T focusing on stations whose election to a return receipt when sending note that ‘‘stations may change content, status has changed. certified mail. As under the current ownership, and sometimes locations’’ 24. Indeed, the fact that election rules, it is the responsibility of the between elections, and claim that unlike change notices will be emailed directly broadcaster who is sending the notice to the cable operators that ‘‘have a local or, to MVPDs significantly undercuts the ensure that the notice is timely sent and at least, a regional presence and are thus DBS providers’ contention that the new contains all of the required, accurate, more aware of and familiar with these rules will impose a large administrative information. Although we anticipate station changes . . . DBS providers may burden. DISH/AT&T note that they each that these verification emails will be never have any contact with’’ stations carry more than 1,300 broadcast stations generated automatically in most cases, that do not actively negotiate carriage nationwide and maintain that it ‘‘is not we require only that they be sent agreements. According to DISH/AT&T, feasible for DISH and DIRECTV to expeditiously. A timely and correct they therefore have a greater need for manage that number of carriage election notice of a change in election that is ‘‘triennial election notices [from notifications through emails and phone sent to the email address provided by mandatory carriage stations specifically] calls.’’ Under our new rules, however, the MVPD, carbon copied to to update records and determine the DBS providers will have to manage [email protected], and placed in carriage obligations for the next three notices from only the small fraction of the station’s public file, must be years,’’ because sometimes the changes stations changing their carriage election honored by the MVPD. mean the station is ‘‘not always eligible status in any given cycle. Although
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DISH and AT&T have claimed process we adopt today places minimal Accordingly, ACA proposes an throughout this proceeding that email burden on DBS providers. We reject exception to the electronic notice aspect ‘‘does not provide the necessary level of DISH/AT&T’s proposal; it introduces of these rules for small cable operators. certainty for the carriage election significant and unnecessary Under ACA’s proposal, if a ‘‘broadcaster process,’’ other commenters disagree. administrative complexity given that cannot identify an email address for an Nexstar notes that given ‘‘the pervasive any relevant emails sent to operator with a system serving fewer use of the internet and email [email protected] will be than 1,000 subscribers in its market, or communications . . . email distribution provided to the parties in the event of if it does not receive an email from such is not a big ask or an unreliable delivery a dispute. an operator confirming receipt of its method.’’ Furthermore, although DISH 27. Timing. We adopt the Joint notice, the broadcaster must send the accurately notes that email messages Proposal suggestion that ‘‘this new notice to that system operator via can introduce new complexities and framework tak[e] effect in the 2020 certified mail.’’ NAB replies that ‘‘it is challenges, such as navigating through election’’ for the 2021–2023 carriage absurd to think that businesses, even spam filters that might prevent notices election cycle. Therefore, broadcasters smaller ones, would not be able to add from being received, we note that it must upload their carriage elections into an email address and phone number to alleviates others, like the danger of their public files and email required a single electronic file within a few physical mail being lost within a notifications to covered MVPDs by months,’’ and that ‘‘nothing prohibits mailroom. Moreover, as the Joint October 1, 2020. This suggestion ACA from starting immediately to alert Proposal suggests, we are requiring that received widespread support in the its members about upcoming regulatory both broadcasters and MVPDs also post record. ION and the Affiliates and changes.’’ It also expresses concern that phone numbers, so there will always be Networks urge us to ‘‘adopt the the ACA proposal ‘‘would significantly an alternative means for stations and proposal’’ without change. Meredith complicate the 2020 election cycle.’’ MVPDs to contact each other and ‘‘hopes it can be put into place for the ACA, in turn, stated, ‘‘[a]llowing resolve carriage issues. 2020 election.’’ Nexstar endorses the broadcasters to do what they have been 25. Commission Responsibilities. As idea that ‘‘all 2017 carriage elections doing for nearly two decades cannot suggested in the Joint Proposal, the would carry forward’’ beginning with possibly be considered complicated.’’ Commission must do its part to the 2020 election. Though smaller cable 29. Although we recognize ACA’s implement this new carriage election operators say that they should be concerns, we find that the burdens of process. Specifically, we will update exempt from the new rules until 2023, our new rules will be minimal for small COALS, providing fields for cable we conclude that it will be feasible for cable operators and that it will not take operators to enter their carriage election the cable operators, including small any entity a great amount of time to notice email address and phone operators, to comply in a timely way come into compliance. We note that, numbers. The information entered will with the limited requirements imposed although this is a new obligation, small be displayed on the first page of COALS, on covered MVPDs under our new rules. cable operators are familiar with and we will also transfer this 28. ACA, with Pine Belt’s support, COALS, which they are already required information as necessary so that, for ‘‘opposes the proposal’s timeline as to keep up-to-date. There should be operators with an online public file, the unrealistic for those small providers that ample time for broadcasters and MVPDs contact information appears on the front would rely on COALS to make their to prepare for the new process and pages of those public files. We also will contact information available online to update their existing database entries update the online public file so that broadcasters.’’ 1 ACA notes that it is not with a single email address and phone broadcasters and DBS providers can opposing the Joint Proposal, ‘‘despite number. We therefore adopt the Joint enter this information directly into their the fact that doing so means imposing Proposal’s suggested timing and plan to public files, where again it will be new requirements on its members,’’ and update our databases so that displayed on the first page. observes that it would be broadcasters and MVPDs will be able to 26. In addition, the Commission will ‘‘irresponsible’’ and ‘‘cause significant add their carriage election contact create an ‘‘election notice verification’’ confusion’’ to begin educating its information no later than July 31, 2020, email inbox that broadcasters must members about a regulatory change that in their public files or COALS, as carbon copy when notifying an MVPD has not yet been adopted and a appropriate. The Commission will of a changed election, located at recordkeeping obligation that ‘‘cannot announce the completion of these [email protected]. Like the even be met until the FCC has updated system updates via public notice. MVPD email address, this Commission COALS.’’ ACA ‘‘does not believe that address will provide a verification Procedural Matters the Commission will be able to response to assure broadcasters that the 30. Paperwork Reduction Act implement the proposal quickly enough email has been received. In the case of Analysis. This Order contains to give these operators sufficient time to a dispute between a broadcaster and information collection requirements meet their new obligations.’’ They cite MVPD about an election change notice, subject to the Paperwork Reduction Act the need to publish this Report and the Commission will make available a of 1995 (PRA), Public Law 104–13. The copy of any email that was received in Order, seek and receive approval from requirements will be submitted to the the inbox. DISH/AT&T propose that, the Office of Management and Budget Office of Management and Budget every three years, ‘‘the Commission [] under the Paperwork Reduction Act, (OMB) for review under Section 3507(d) publish a list of all broadcaster carriage and make technical updates to of the PRA. OMB, the general public, election [change] notices that it Commission databases, claiming that and other Federal agencies will be receive[s] via its ElectionNotices@ these efforts will ‘‘leav[e] small cable invited to comment on the information fcc.gov email inbox.’’ The DBS operators with just a few months at most collection requirements contained in providers contend that ‘‘the to update their information in COALS.’’ this proceeding. The Commission will Commission publishing this list shortly publish a separate document in the 1 After filing comments, but before filing ex after October 1’’ will ‘‘ensure that partes, the American Cable Association changed its Federal Register at a later date seeking MVPDs are aware of all elections the name to ACA Connects—America’s these comments. In addition, we note Commission considers valid.’’ The Communications Association. that, pursuant to the Small Business
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Paperwork Relief Act of 2002, Public directs agencies to provide a description affiliated with entities whose gross Law 107–198, see 44 U.S.C. 3506(c)(4), of, and where feasible, an estimate of annual revenues exceed $250 million. the Commission previously sought the number of small entities that may be The Commission does receive such specific comment on how it might affected by the proposed rules, if information on a case-by-case basis if a further reduce the information adopted. The RFA generally defines the cable operator appeals a local franchise collection burden for small business term ‘‘small entity’’ as having the same authority’s finding that the operator concerns with fewer than 25 employees. meaning as the terms ‘‘small business,’’ does not qualify as a small cable We have described impacts that might ‘‘small organization,’’ and ‘‘small operator pursuant to § 76.901(f) of the affect small businesses, which includes governmental jurisdiction.’’ In addition, Commission’s rules. Although it seems most businesses with fewer than 25 the term ‘‘small business’’ has the same certain that some of these cable systems employees, in the Final Regulatory meaning as the term ‘‘small business operators are affiliated with entities Flexibility Act Analysis. concern’’ under the Small Business Act. whose gross annual revenues exceed A small business concern is one which: Final Regulatory Flexibility Analysis $250 million, we are unable at this time (1) Is independently owned and to estimate with greater precision the 31. As required by the Regulatory operated; (2) is not dominant in its field number of cable system operators that Flexibility Act of 1980, as amended of operation; and (3) satisfies any would qualify as small cable operators (RFA), an Initial Regulatory Flexibility additional criteria established by the under the definition in the Analysis (IRFA) was incorporated in the SBA. Below, we provide a description of Communications Act. Notice of Proposed Rulemaking (NPRM) such small entities, as well as an 37. Open Video Services. Open Video (83 FR 2119, Jan. 16, 2018) in this estimate of the number of such small proceeding. The Commission sought Service (OVS) systems provide entities, where feasible. subscription services. The open video written public comments on proposals 35. Cable Companies and Systems system framework was established in in the NPRM, including comment on the (Rate Regulation Standard). The 1996, and is one of four statutorily IRFA. The Commission received no Commission has developed is own recognized options for the provision of comments on the IRFA. The present small business size standards for the video programming services by local Final Regulatory Flexibility Analysis purpose of cable rate regulation. Under exchange carriers. The OVS framework (FRFA) conforms to the RFA. the Commission’s rules, a ‘‘small cable provides opportunities for the 32. Need for, and Objectives of, the company’’ is one serving 400,000 or distribution of video programming other Report and Order. In this Report and fewer subscribers nationwide. Industry Order, we modernize our rules requiring data indicate that all but nine of the than through cable systems. Because broadcasters to submit their triennial 4,600 cable operators active nationwide OVS operators provide subscription carriage election notification via are small under the 400,000 subscriber services, OVS falls within the SBA certified mail. First, to provide notice, size standard. In addition, under the small business size standard covering commercial broadcasters will upload an Commission’s rate regulation rules, a cable services, which is ‘‘Wired election notice to their public files every ‘‘small system’’ is a cable system serving Telecommunications Carriers.’’ The election cycle, and noncommercial 15,000 or fewer subscribers. Of the SBA has developed a small business educational stations must upload to 4,600 active cable systems nationwide, size standard for this category, which is: their public files no later than October we estimate that approximately 3,900 All such firms having 1,500 or fewer 1, 2020 their notice to DBS operators percent have 15,000 or fewer employees. To gauge small business requesting carriage. Additionally, subscribers, and 700 have more than prevalence for the OVS service, the commercial broadcasters will now email 15,000 subscribers. Thus, under this Commission relies on data currently MVPDs a carriage election notification standard as well, we estimate that most available from the U.S. Census for the only if they are changing their election cable systems are small entities. year 2012. According to that source, from the previous cycle or if they are 36. Cable System Operators (Telecom there were 3,117 firms that in 2012 were submitting their election for the first Act Standard). The Communications Wired Telecommunications Carriers. Of time. Second, MVPDs must respond to Act of 1934, as amended, also contains these, 3,059 operated with less than the broadcasters as soon as reasonably a size standard for small cable system 1,000 employees. Based on this data, the possible, acknowledging receipt of the operators, which is ‘‘a cable operator majority of these firms can be notification. Third, both broadcasters that, directly or through an affiliate, considered small. In addition, we note and MVPDs must maintain an up-to- serves in the aggregate fewer than one that the Commission has certified some date phone number and email address percent of all subscribers in the United OVS operators, with some now on the Commission’s public database. States and is not affiliated with any providing service. Broadband service We conclude that these requirements entity or entities whose gross annual providers (‘‘BSPs’’) are currently the will relieve burdens and inefficiencies revenues in the aggregate exceed only significant holders of OVS endured by broadcasters and MVPDs $250,000,000.’’ There are approximately certifications or local OVS franchises. caused by the cost and time required to 52,403,705 cable video subscribers in The Commission does not have comply with these rules. Through this the United States today. Accordingly, an financial or employment information proceeding, we continue our efforts to operator serving fewer than 524,037 regarding the entities authorized to modernize our regulations and reduce subscribers shall be deemed a small provide OVS, some of which may not unnecessary requirements that can operator if its annual revenues, when yet be operational. Thus, at least some impede competition and innovation in combined with the total annual of the OVS operators may qualify as the media marketplace. revenues of all its affiliates, do not small entities. The Commission further 33. Summary of Significant Issues exceed $250 million in the aggregate. notes that it has certified approximately Raised by Public Comments in Response Based on available data, we find that all 45 OVS operators to serve 116 areas, to the IRFA. No comments were filed in but nine incumbent cable operators are and some of these are currently direct response to the IRFA. small entities under this size standard. providing service. Affiliates of 34. Description and Estimate of the We note that the Commission neither Residential Communications Network, Number of Small Entities to Which the requests nor collects information on Inc. (RCN) received approval to operate Proposed Rules Will Apply. The RFA whether cable system operators are OVS systems in New York City, Boston,
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Washington, DC, and other areas. RCN distribution; and wired broadband television stations to be 394. The has sufficient revenues to assure that internet services. By exception, Commission, however, does not compile they do not qualify as a small business establishments providing satellite and otherwise does not have access to entity. Little financial information is television distribution services using information on the revenue of NCE available for the other entities that are facilities and infrastructure that they stations that would permit it to authorized to provide OVS and are not operate are included in this industry. determine how many such stations yet operational. Given that some entities The SBA determines that a wireline would qualify as small entities. authorized to provide OVS service have business is small if it has fewer than 42. We note, however, that in not yet begun to generate revenues, the 1500 employees. Census data for 2012 assessing whether a business concern Commission concludes that up to 44 indicate that 3,117 wireline companies qualifies as ‘‘small’’ under the above OVS operators (those remaining) might were operational during that year. Of definition, business (control) affiliations qualify as small businesses that may be that number, 3,083 operated with fewer must be included. Our estimate, affected by the rules and policies than 1,000 employees. Based on that therefore, likely overstates the number adopted herein. data, we conclude that the majority of of small entities that might be affected 38. Satellite Master Antenna wireline firms are small under the by our action, because the revenue Television (SMATV) Systems, also applicable standard. However, currently figure on which it is based does not known as Private Cable Operators only two entities provide DBS service, include or aggregate revenues from (PCOs). SMATV systems or PCOs are which requires a great deal of capital for affiliated companies. In addition, video distribution facilities that use operation: DIRECTV (owned by AT&T) another element of the definition of closed transmission paths without using and DISH Network. DIRECTV and DISH ‘‘small business’’ requires that an entity any public right-of-way. They acquire Network each report annual revenues not be dominant in its field of operation. video programming and distribute it via that are in excess of the threshold for a We are unable at this time to define or terrestrial wiring in urban and suburban small business. Accordingly, we must quantify the criteria that would multiple dwelling units such as conclude that internally developed FCC establish whether a specific television apartments and condominiums, and data are persuasive that in general DBS broadcast station is dominant in its field commercial multiple tenant units such service is provided only by large firms. of operation. Accordingly, the estimate as hotels and office buildings. SMATV 40. Television Broadcasting. This of small businesses to which rules may systems or PCOs are now included in Economic Census category ‘‘comprises apply does not exclude any television the SBA’s broad economic census establishments primarily engaged in station from the definition of a small category, ‘‘Wired Telecommunications broadcasting images together with business on this basis and is therefore Carriers,’’ which was developed for sound.’’ These establishments operate possibly over-inclusive. small wireline firms. Under this television broadcast studios and 43. There are also 417 Class A category, the SBA deems a wireline facilities for the programming and stations. Given the nature of these business to be small if it has 1,500 or transmission of programs to the public. services, including their limited ability fewer employees. Census data for 2012 These establishments also produce or to cover the same size geographic areas indicate that in that year there were transmit visual programming to as full power stations thus restricting 3,117 firms operating businesses as affiliated broadcast television stations, their ability to generate similar levels of wired telecommunications carriers. Of which in turn broadcast the programs to revenue, we will presume that these that 3,117, 3,059 operated with 999 or the public on a predetermined schedule. licensees qualify as small entities under fewer employees. Based on this data, we Programming may originate in their own the SBA definition. In addition, there estimate that a majority of operators of studio, from an affiliated network, or are 1,968 LPTV stations and 3,776 TV SMATV/PCO companies were small from external sources. The SBA has translator stations. Given the nature of under the applicable SBA size standard. created the following small business these services as secondary and in some 39. Direct Broadcast Satellite (DBS) size standard for such businesses: Those cases purely a ‘‘fill-in’’ service, we will Service. DBS Service is a nationally having $38.5 million or less in annual presume that all of these entities qualify distributed subscription service that receipts. The 2012 Economic Census as small entities under the above SBA delivers video and audio programming reports that 751 firms in this category small business size standard. via satellite to a small parabolic dish operated in that year. Of this number, 44. Description of Projected antenna at the subscriber’s location. 656 had annual receipts of $25 million Reporting, Recordkeeping, and Other DBS is now included in SBA’s or less, 25 had annual receipts between Compliance Requirements. The economic census category ‘‘Wired $25 million and $49,999,999, and 70 Commission anticipates that the rule Telecommunications Carriers.’’ The had annual receipts of $50 million or changes adopted in this Report and Wired Telecommunications Carriers more. Based on this data we therefore Order will lead to an overall immediate, industry comprises establishments estimate that the majority of commercial long-term reduction in reporting, primarily engaged in operating and/or television broadcasters are small entities recordkeeping, and other compliance providing access to transmission under the applicable SBA size standard. requirements for all broadcasters and facilities and infrastructure that they 41. The Commission has estimated MVPDs, including small entities. own and/or lease for the transmission of the number of licensed commercial Specifically, commercial broadcasters voice, data, text, sound, and video using television stations to be 1,384. Of this will no longer need to produce and mail wired telecommunications networks. total, 1,264 stations had revenues of several letters to MVPDs, many of which Transmission facilities may be based on $38.5 million or less, according to are duplicative to ensure that they are a single technology or combination of Commission staff review of the BIA received by the MVPD. Likewise, technologies. Establishments in this Kelsey Inc. Media Access Pro Television noncommercial broadcasters will be industry use the wired Database (BIA) on February 24, 2017, relieved of the burden of mailing their telecommunications network facilities and therefore these licensees qualify as election notices to DBS providers every that they operate to provide a variety of small entities under the SBA definition. three years and will only have to upload services, such as wired telephony In addition, the Commission has a one-time notice of their carriage services, including VoIP services, wired estimated the number of licensed request to their public files. Although (cable) audio and video programming noncommercial educational (NCE) MVPDs now have the obligation of
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maintaining an up-to-date phone Accountability Office pursuant to the PART 73—RADIO BROADCAST number and email on Commission- Congressional Review Act, see 5 U.S.C. SERVICES hosted databases, this is a de minimis 801(a)(1)(A). burden. Alternatively, this burden is ■ 3. The authority citation for part 73 List of Subjects outweighed by the reduction of letters continues to read as follows: and duplicative notices that MVPDs 47 CFR Part 25 Authority: 47 U.S.C. 154, 155, 301, 303, previously had to review. 307, 309, 310, 334, 336, 339. 45. Steps Taken to Minimize Communications common carriers, Communications equipment, Equal ■ 4. Amend § 73.3526 by revising Significant Economic Impact on Small paragraph (e)(15) to read as follows: Entities and Significant Alternatives employment opportunity, Radio, Considered. The RFA requires an Reporting and recordkeeping § 73.3526 Local public inspection file of agency to describe any significant requirements, Satellites, Securities. commercial stations. alternatives that it has considered in 47 CFR Part 73 * * * * * reaching its proposed approach, which (e) * * * may include the following four Civil defense, Communications (15) Must-carry or retransmission alternatives (among others): ‘‘(1) the equipment, Defense communications, consent election. Statements of a establishment of differing compliance or Education, Equal employment commercial television or Class A reporting requirements or timetables opportunity, Foreign relations, Mexico, television station’s election with respect that take into account the resources Political candidates, Radio, Reporting to either must-carry or re-transmission available to small entities; (2) the and recordkeeping requirements, consent, as defined in §§ 76.64 and clarification, consolidation, or Television. 76.1608 of this chapter. These records simplification of compliance and 47 CFR Part 76 shall be retained for the duration of the reporting requirements under the rule three year election period to which the for such small entities; (3) the use of Administrative practice and statement applies. Commercial performance, rather than design procedure, Cable television, Equal television stations shall, no later than standards; and (4) an exemption from employment opportunity, Political July 31, 2020, provide an up-to-date coverage of the rule, or any part thereof, candidates, Reporting and email address and phone number for for small entities.’’ recordkeeping requirements. carriage-related questions and respond 46. Federal Rules that May Duplicate, Federal Communications Commission. as soon as is reasonably possible to Overlap, or Conflict With the Proposed Katura Jackson, messages or calls from multichannel Rule. None. Federal Register Liaison Officer, Office of the video programming distributors Ordering Clauses Secretary. (MVPDs). Each commercial television station is responsible for the continuing 47. Accordingly, it is ordered that, Final Rules accuracy and completeness of the pursuant to the authority contained in For the reasons discussed in the information furnished. sections 1, 4(i), 4(j), 325, 338, 614, 615, preamble, the Federal Communications * * * * * and 653 of the Communications Act of Commission amends 47 CFR parts 25, ■ 1934, as amended, 47 U.S.C. 151, 154(i), 5. Amend § 73.3527 by revising 73, and 76 as follows: 154(j), 325, 338, 534, 535, and 573, this paragraph (e)(12) to read as follows: Report and Order is adopted and will PART 25—SATELLITE § 73.3527 Local public inspection file of become effective 60 days after COMMUNICATIONS noncommercial educational stations. publication in the Federal Register. * * * * * 48. It is further ordered that parts 25, ■ 1. The authority citation for part 25 (e) * * * 73, and 76 of the Commission’s rules are continues to read as follows: (12) Must-carry requests. amended as set forth in the Final Rules Authority: 47 U.S.C. 154, 301, 302, 303, Noncommercial television stations of this Report and Order. These rules 307, 309, 310, 319, 332, 605, and 721, unless shall, no later than July 31, 2020, contain new or modified information otherwise noted. provide an up-to-date email address and collection requirements that require phone number for carriage-related ■ approval by the Office of Management 2. Amend § 25.701 by adding questions and respond as soon as is and Budget under the Paperwork paragraph (f)(6)(i)(D) to read as follows: reasonably possible to messages or calls Reduction Act and compliance with § 25.701 Other DBS Public interest from multichannel video programming these amended rules will be required obligations. distributors (MVPDs). Each after the Commission publishes a * * * * * noncommercial television station is document in the Federal Register (f) * * * responsible for the continuing accuracy announcing such approval and the (6) * * * and completeness of the information relevant compliance date. (i) * * * furnished. Any such station requesting 49. It is further ordered that the mandatory carriage pursuant to part 76 (D) Each satellite carrier shall, no later Commission’s Consumer and of this chapter shall place a copy of than July 31, 2020, provide an up-to- Governmental Affairs Bureau, Reference such request in its public file and shall date email address for carriage election Information Center, shall send a copy of retain both the request and relevant notice submissions and an up-to-date this Report and Order, including the correspondence for the duration of any phone number for carriage-related Initial and Final Regulatory Flexibility period to which the request applies. questions. Each satellite carrier is Analyses, to the Chief Counsel for * * * * * Advocacy of the Small Business responsible for the continuing accuracy Administration. and completeness of the information PART 76—MULTICHANNEL VIDEO 50. It is further ordered that the furnished. It must respond to questions AND CABLE TELEVISION SERVICE Commission shall send a copy of this from broadcasters as soon as is Report and Order in a report to be sent reasonably possible. ■ 6. The authority citation for part 76 to Congress and the Government * * * * * continues to read as follows:
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Authority: 47 U.S.C. 151, 152, 153, 154, (1) Carriage requests. (i) An election commencing broadcasting and 30 days 301, 302, 302a, 303, 303a, 307, 308, 309, 312, for mandatory carriage made by a after commencing broadcasting. This 315, 317, 325, 338, 339, 340, 341, 503, 521, television broadcast station shall be written notification shall include the 522, 531, 532, 534, 535, 536, 537, 543, 544, treated as a request for carriage. For information required by paragraph 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572, 573. purposes of this paragraph (d), the term (d)(1)(iv) of this section. election request includes an election of * * * * * ■ 7. Amend § 76.64 by revising retransmission consent or mandatory [FR Doc. 2019–18527 Filed 8–29–19; 8:45 am] paragraph (h) to read as follows: carriage. BILLING CODE 6712–01–P § 76.64 Retransmission consent. (ii) Each satellite carrier shall, no later than July 31, 2020, provide an up-to- * * * * * date email address for carriage election (h)(1) On or before each must-carry/ FEDERAL COMMUNICATIONS notice submissions and an up-to-date retransmission consent election COMMISSION phone number for carriage-related deadline, each television broadcast questions. Each satellite carrier is station shall place a copy of its election 47 CFR Part 64 responsible for the continuing accuracy statement, and copies of any election and completeness of the information change notices applying to the furnished. It must respond to questions [WC Docket Nos. 18–335, 11–39; FCC 19– upcoming carriage cycle, in the station’s from broadcasters as soon as is 73] public file. reasonably possible. (2) Each cable operator shall, no later Truth in Caller ID Rules (iii) A station shall send a notice of its than July 31, 2020, provide an up-to- election to a satellite carrier only if date email address for carriage election AGENCY: Federal Communications changing its election with respect to one notice submissions with respect to its Commission. or more of the markets served by that systems and an up-to-date phone carrier. Such notice shall be sent to the ACTION: Final rule. number for carriage-related questions. email address provided by the satellite Each cable operator is responsible for carrier and carbon copied to the continuing accuracy and SUMMARY: In this document, the Federal [email protected]. completeness of the information Communications Commission (iv) A television station’s written furnished. It must respond to questions (Commission) takes the next step in our notification shall include with respect from broadcasters as soon as is multi-pronged approach to putting an to each station referenced in the notice, reasonably possible. end to unlawful caller ID spoofing. (3) A station shall send a notice of its the: Specifically, we amend our Truth in election to a cable operator only if (A) Call sign; Caller ID rules to implement the changing its election with respect to one (B) Community of license; amendments to section 227(e) of the or more of that operator’s systems. Such (C) DMA where the station is located; Communications Act adopted by notice shall be sent to the email address (D) Specific change being made in Congress last year as part of the RAY provided by the cable system and election status; BAUM’S Act. Consistent with these carbon copied to ElectionNotices@ (E) Email address for carriage-related statutory amendments, we amend our FCC.gov. A notice must include, with questions; rules to encompass malicious spoofing respect to each station referenced in the (F) Phone number for carriage-related activities directed at consumers in the notice, the: questions; and United States from actors outside of our (i) Call sign; (G) Name of the appropriate station country and reach caller ID spoofing (ii) Community of license; contact person. using alternative voice and text (iii) DMA where the station is located; (v) A satellite carrier must respond via messaging services. This actions (iv) Specific change being made in email as soon as is reasonably possible, advance our goal of ending the election status; acknowledging receipt of a television malicious caller ID spoofing that causes (v) Email address for carriage-related station’s election notice. billions of dollars of harm to millions of questions; (vi) Within 30 days of receiving a American consumers each year. (vi) Phone number for carriage-related television station’s carriage request, a DATES: Effective February 5, 2020. questions; satellite carrier shall notify in writing: (vii) Name of the appropriate station (A) Those local television stations it ADDRESSES: Federal Communications contact person; and, will not carry, along with the reasons for Commission, 445 12th Street SW, (viii) If the station changes its election such a decision; and Washington, DC 20554. for some systems of the cable operator (B) Those local television stations it FOR FURTHER INFORMATION CONTACT: but not all, the specific cable systems for intends to carry. which a carriage election applies. (vii) A satellite carrier is not required Annick Banoun, FCC Wireline (4) Cable operators must respond via to carry a television station, for the Competition Bureau, Competition email as soon as is reasonably possible, duration of the election cycle, if the Policy Division, 445 12th Street SW, acknowledging receipt of a television station fails to assert its carriage rights Washington, DC 20554, at (202) 418– station’s election notice. by the deadlines established in this 1521, or [email protected]. * * * * * section. SUPPLEMENTARY INFORMATION: This is a ■ 8. Amend § 76.66 by removing and * * * * * summary of the Commission’s Second reserving paragraph (c)(5) and revising (3) * * * Report and Order, in WC Docket Nos. paragraphs (d)(1) and (d)(3)(ii) to read as (ii) A new television station shall 18–335 and 11–39, adopted August 1, follows: make its election request, in writing, 2019 and released August 5, 2019. A full sent to the satellite carrier’s email text version of this document may be § 76.66 Satellite broadcast signal carriage. address provided by the satellite carrier obtained at the following internet * * * * * and carbon copied to ElectionNotices@ address: https://docs.fcc.gov/public/ (d) * * * FCC.gov, between 60 days prior to attachments/FCC-19-73A1.pdf.
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Synopsis we revise § 64.1604 to provide that no amended section 227(e) and as proposed I. Implementing New Statutory person in the United States, nor any in the NPRM. Specifically, we Spoofing Prevention Authority person outside the United States if the incorporate the phrase ‘‘in connection recipient is in the United States, shall, with any voice service or text messaging 1. This Second Report and Order with the intent to defraud, cause harm, service’’ into the prohibition on causing advances our goal of ending the or wrongfully obtain anything of value, ‘‘directly, or indirectly, any caller malicious caller ID spoofing that causes knowingly cause, directly, or indirectly, identification service to transmit or billions of dollars of harm to millions of any caller identification service to display misleading or inaccurate caller American consumers each year. In transmit or display misleading or identification information.’’ We find, section 503 of the 2018 RAY BAUM’S inaccurate caller identification consistent with our proposal, that Act, Congress amended section 227(e) of information in connection with any amending our rules to explicitly identify the Act to expand the reach of covered voice service or text messaging service. the services within § 64.1604’s entities from ‘‘any person within the While the current Truth in Caller ID prohibition on unlawful spoofing better United States’’ to include ‘‘any person rules uses the phrase ‘‘person or entity,’’ tracks the language of the statute and outside the United States if the recipient we use the language of the statute, provides more direct notice to covered is within the United States.’’ It also which is limited to ‘‘person.’’ At the entities as to which services the changed the scope of covered same time, consistent with prohibitions apply. As one commenter communications from any congressional intent and Commission explains, the inclusion of the statutory ‘‘telecommunications service or IP- precedent, we make clear that ‘‘person’’ phrase ‘‘in connection with any voice enabled voice service’’ to a ‘‘voice includes both natural persons and non- service or text messaging service’’ is not service or a text message sent using a natural persons, e.g., corporations, strictly necessary, because the phrase is text messaging service.’’ The RAY associations, and partnerships. encompassed by the definitions of BAUM’S Act directs the Commission to 4. Finally, we reject Yaana ‘‘caller identification service’’ and prescribe rules implementing these Technologies’ suggestion that we cannot ‘‘caller identification information’’ to amendments to section 227(e) within 18 exercise the extraterritorial jurisdiction which the prohibition applies. months of enactment, and makes the that Congress expressly provided in Amended section 227(e)(8) defines statutory amendments effective six section 503 of the RAY BAUM’S Act, ‘‘caller identification service’’ as any months after the Commission prescribes which applies only to communications service or device designed to provide its regulations. Earlier this year, we received in the United States. Yaana the user of the service or device with the released a notice of proposed Technologies cites no specific treaty telephone number of, or other rulemaking (NPRM) (84 FR 7315, March obligation that the statutory language information regarding the origination of, 4, 2019) in which we proposed and contravenes, nor other legal barrier to a call made using a voice service or a sought comment on modifications to our the Commission’s exercise of the legal text message sent using a text messaging current Truth in Caller ID rules that authority given it by Congress, and we service. Such term includes automatic largely track the language of the recent are aware of none. Moreover, the number identification services. statutory amendments. Consistent with Commission’s ongoing work with our However, the statutory language is clear, these statutory amendments, we amend international counterparts on caller ID and we find that mirroring the statutory our rules to encompass malicious spoofing issues in various fora is not language ‘‘‘will avoid creating spoofing activities directed at inconsistent with the jurisdictional ambiguity’ or deviating from Congress’s consumers in the United States from framework set forth in the statute. The choices.’’ actors outside of our country and reach Commission collaborates with our caller ID spoofing using alternative international counterparts on a bilateral, C. Definitions voice and text messaging services. regional, and multilateral basis. For 6. To implement Congress’ intent to example, the Enforcement Bureau has expand the scope of the prohibition on A. Communications Originating Outside executed a bilateral Memoranda of harmful caller ID spoofing, we adopt the United States Understanding (MOU) with the definitions of ‘‘text message,’’ ‘‘text 2. We revise our caller ID spoofing Commission’s Canadian counterpart, the messaging service,’’ and ‘‘voice service’’ rules to cover communications Canadian Radio-television and and revise the definitions of ‘‘caller originating outside the United States Telecommunications Commission. The identification information,’’ and ‘‘caller directed at recipients within the United Enforcement Bureau is also a member of identification service’’ in accordance States, consistent with revised section UCENet, which is an international with section 503 of the RAY BAUM’S 227(e). As Congress recognized, the organization that brings together law Act. We also adopt definitions of ‘‘short threat to consumers from overseas enforcement entities across the globe to message service (SMS)’’ and fraudulent spoofing continues to grow. coordinate and assist each other’s efforts ‘‘multimedia message service (MMS).’’ We therefore agree with the 42 State to combat telecommunications fraud, These definitions will be included in Attorneys General and other spam, phishing, and the dissemination the definitions section of subpart P to commenters that expanding our rules to of computer viruses. Additionally, the our part 64 rules. We also take this cover bad actors reaching into the Commission works with its opportunity to put in alphabetical order United States is a ‘‘necessary and international counterparts in the course the definitions in subpart P of part 64 important step in the continued fight of U.S. engagement in relevant regional of our rules. against robocalls,’’ and that and multilateral fora, such as the 7. Text Message. We adopt a implementing the RAY BAUM’S Act International Telecommunication Union definition of ‘‘text message’’ that mirrors changes will strengthen the (ITU). the statutory language. We clarify that Commission’s ability to enforce its rules this definition of ‘‘text message’’ is against fraudulent and other harmful B. Expanding the Scope of Covered limited for the purpose of addressing spoofing. Communications malicious caller ID spoofing. Amended 3. To implement the prohibition on 5. We also expand the scope of section 227(e) defines the term ‘‘text caller ID spoofing directed at the United communications covered by our caller message’’ as a message consisting of States from callers outside our country, ID spoofing rules, consistent with text, images, sounds, or other
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information that is transmitted to or 9. For purposes of our Truth in Caller definition of ‘‘text message’’ for from a device that is identified as the ID rules, we adopt definitions of SMS purposes of our Truth in Caller ID rules receiving or transmitting device by and MMS that are consistent with our includes messages sent to or from a means of a 10-digit telephone number or descriptions of those terms in the person or entity using Short Codes. N11 service code. One commenter Commission’s 2018 Wireless Messaging CTIA argues that there is no technical proposes to replace ‘‘a 10-digit Service Declaratory Ruling (84 FR 5008, evidence in the record that spoofing of telephone number’’ with ‘‘a telephone Feb. 20, 2019). To that end, we define Short Codes is possible or has occurred. number’’ in the definition of ‘‘text SMS as a wireless messaging service CTIA also argues that an absence of message’’ because ‘‘a telephone number that enables users to send and receive notice under the Administrative may contain only seven digits if the call short text messages, typically 160 Procedure Act for including Short Codes is within the same area code.’’ We find characters or fewer, to or from mobile in the definition of text message and an these concerns are misplaced because phones and can support a host of absence of reference to Short Codes in even when a consumer is only required applications. And we define MMS as a the RAY BAUM’S Act counsel in favor to dial seven digits of a phone number, wireless messaging service that is an of not including messages sent from a there is a 3-digit area code associated extension of the SMS protocol and can person or entity using Short Codes in with the 7-digit number the consumer deliver a variety of media, and enables the definition of text message. We find has dialed. Congress further clarified users to send pictures, videos, and CTIA’s arguments to be misplaced. The that the term explicitly includes ‘‘a attachments over wireless messaging NPRM sought comment on the short message service (SMS) message channels. We find that adopting definition of text message that we adopt and a multimedia message service definitions of those terms will provide in this document, which includes SMS (MMS) message’’ but excludes ‘‘a real- clarity to interested parties given that and MMS messages, and the record time, two-way voice or video Congress expressly defined ‘‘text demonstrates that messages sent and communication’’ or ‘‘a message sent message’’ to include ‘‘a [SMS] message received using Short Codes are SMS or over an IP-enabled messaging service to and a [MMS] message’’ but it did not MMS messages. The record another user of the same messaging define those terms. demonstrates that messages sent and service, except for [an SMS or MMS 10. We also clarify that for purposes received using Short Codes are SMS or message].’’ We find that this definition of our Truth in Caller ID rules, the MMS messages, and there is nothing in is sufficiently inclusive to capture the definition of ‘‘text message’’ includes the record that would allow us to current universe of text messages that messages sent to or from a person or conclude that Caller ID associated with could be used for prohibited spoofing entity using Common Short Codes a Short Code message cannot be activity and will avoid ambiguity as to (Short Codes). Short Codes are ‘‘5- to 6- spoofed. We are mindful of Congress’ intent. We also believe, and digit codes typically used by enterprises Congressional intent to protect against no commenters argue otherwise, that for communicating with consumers at spoofing of SMS and MMS text Congress likely included the phrase high volume.’’ Short Codes are an messages for nefarious purposes, and ‘‘ ‘other information’ out of an addressing mechanism using the SMS therefore, because Short Codes are used abundance of caution to allow for the and MMS protocols. Like other SMS by a person or entity sending SMS or inclusion of future technological and MMS messages, messages sent from MMS messages to 10-digit number advances given the rapid pace of new a person or entity using Short Codes are identified devices, and could be used to directed to devices using 10-digit developments in technology.’’ perpetrate malicious spoofing, we telephone numbers. As a convenience to conclude that the definition of ‘‘text 8. For purposes of our Truth in Caller consumers and to facilitate the delivery message’’ in section 503 of the RAY ID rules, we define ‘‘N11 service code’’ of high-volume traffic, wireless BAUM’S Act and in our Truth in Caller as an abbreviated dialing code that providers developed Short Codes, ID rules is best interpreted as including allows telephone users to connect with which are administered by the Common messages sent to or from a person or a particular node in the network by Short Code Administration and leased entity using Short Codes. We make dialing only three digits, of which the to enterprises. Once a Short Code is clear, however, that our decision only first digit is any digit other than ‘1’ or assigned to an applicant and before it interprets section 503 of RAY BAUM’S ‘0,’ and each of the last two digits is ‘1.’ can be used, each mobile provider must Act in the context of Congress’ specific No commenters offered substantive provision that code to the customer, suggestions on how to define ‘‘N11 usually through a third-party intent to broadly expand our anti- service code,’’ so we looked to the ‘‘aggregator’’ that handles the spoofing rules to encompass other forms language the Commission used nearly provisioning across multiple providers. of spoofing sent via SMS and MMS, and two decades ago when it described N11 11. While, as Twilio explains, Short we make no finding with respect to any services as ‘‘abbreviated dialing Codes may be less likely to be used by other Commission jurisdiction over arrangements that allow telephone users a person or entity sending messages in Short Codes. We also affirm that nothing to connect with a particular node in the connection with malicious caller ID in this Second Report and Order affects network by dialing only three digits,’’ as spoofing because the registration and our decision in the Wireless Messaging well as the definition of ‘‘N11 service administration process make ‘‘the Service Declaratory Ruling to refrain code’’ found in the recently-enacted sender of a short code SMS [ ] far easier from ‘‘decid[ing] whether short-code National Suicide Hotline Prevention to identify than the user of a 10-digit provisioning is a ‘component’ of Act. The definition we adopt in this number,’’ this protection is not absolute. wireless messaging.’’ document is similar to the Twilio itself admits that it is not 12. Exclusions. Section 227(e) as Commission’s previous description but impossible to spoof a Short Code. amended excludes from the definition provides more specificity by clarifying Consumers have complained about of ‘‘text message’’ ‘‘real-time, two-way that the first digit of an N11 code is any possible Short Code spoofing, and some voice or video communications’’ and ‘‘a digit other than ‘‘1’’ or ‘‘0’’, and that the reporting indicates that Short Codes can message sent over an IP-enabled second two digits are ‘‘1,’’ consistent be hacked which could lead to spoofing. messaging service to another user of the with the National Suicide Hotline Nonetheless, CTIA expresses concern same messaging service, except for [an Prevention Act. about the Commission finding that the SMS or MMS message].’’ Accordingly,
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we adopt both exclusions in our rules. MMS—which it is not. While RCS has in Caller ID rules. Section 227(e) as We conclude that ‘‘real-time, two-way’’ been described as a ‘‘successor amended defines a ‘‘text messaging communications that are transmitted by protocol’’ to SMS or a ‘‘next-generation’’ service’’ as ‘‘a service that enables the means of a 10-digit telephone number or SMS, it is not the same thing as SMS or transmission or receipt of a text N11 service code are excluded from the MMS. Rather, as the Commission has message, including a service provided definition of ‘‘text message’’ because previously concluded, RCS has as part of or in connection with a voice they are intended by Congress to be ‘‘advanced messaging features’’ that service.’’ As we explained in the NPRM, included in the definition of ‘‘voice ‘‘allow users to, among other things, use ‘‘[m]aintaining consistency with the service.’’ We interpret the latter mobile banking services, share high- statutory definition of ‘text messaging exclusion to include non-MMS or SMS resolution photos and files, track service’ for unlawful spoofing messages sent using IP-enabled locations and interact with chatbots.’’ prevention is particularly important messaging services such as iMessage, Congress was plainly aware of RCS—a given that it is only text messages ‘sent Google hangouts, WhatsApp, and Skype protocol that was first conceived in using a text messaging service’ that to other users of the same service. As we 2007—when it amended section 227(e) Congress includes within the scope of explained in the NPRM, ‘‘a message sent through the RAY BAUM’S Act last year. section 227(e) as amended.’’ One from one computer to another computer Yet, Congress chose to exempt from the commenter supports this approach and using WhatsApp, or the ‘chat’ function definition of ‘‘text message’’ any no commenters oppose it. on Google Hangouts would appear to be message sent over an IP-enabled 16. Voice Service. We adopt the an IP-enabled messaging service messaging service that is not SMS or definition of ‘‘voice service’’ contained between users of the same messaging MMS to another user of the same in amended section 227(e) for purposes service under the second exclusion in service, which would include RCS and of our Truth in Caller ID rules. Section the statutory definition of ‘text any other potential successor protocols. 227(e) as amended defines ‘‘voice message.’ ’’ Accordingly, we exclude Regardless of whether RCS may bear service’’ as ‘‘any service that is them from the definition of ‘‘text functional similarity to MMS and SMS, interconnected with the public switched message’’ in our rules. Similarly, ‘‘text the Commission cannot disturb the telephone network and that furnishes communications between or among two policy judgment made by Congress to voice communications to an end user or more Skype users or iMessages exclude such services from section 227 using resources from the North between or among iPhone users’’ are (a policy judgment perhaps reflecting American Numbering Plan or any also excluded from the definition of that the potential for or record of successor to the North American ‘‘text message.’’ malicious spoofing for such protocols Numbering Plan adopted by the has not yet been established). We Commission under section 13. We also clarify that messages sent therefore agree with Twilio and EZ 251(e)(1). . . .’’ It also explicitly over other IP-enabled messaging Texting to the extent they argue that includes ‘‘transmissions from a services that are not SMS or MMS— RCS should be excluded from the telephone facsimile machine, computer, such as Rich Communications Services definition of ‘‘text message.’’ Our or other device to a telephone facsimile (RCS)—are excluded from amended determination in this document that machine.’’ section 227(e) of the Act and our RCS is excluded from the definition of 17. We interpret the term ‘‘voice implementing rules to the extent such ‘‘text message’’ under amended section service’’ for the purpose of our Truth in messages are sent to other users of the 227(e) should not be read as Caller ID rules to both include and be same messaging service. RCS and determinative of any future decision by more expansive than similar services may well enable users the Commission to classify RCS ‘‘telecommunications service’’ and to send messages that would meet the pursuant to other provisions of the ‘‘interconnected VoIP service’’ as first prong of the statutory definition of Communications Act. currently defined in our rules. Our ‘‘text message’’—a ‘‘message consisting 14. As we explained in the NPRM, we existing rules cover calls made using of text, images, sounds, or other also find that the new statutory ‘‘telecommunications service’’ or information that is transmitted to or definition of ‘‘text message,’’ and other ‘‘interconnected VoIP service.’’ 47 CFR from a device that is identified as the amendments to section 227(e) under the 64.1600(c), (d). Because we received no receiving or transmitting device by RAY BAUM’S Act regarding text comments from stakeholders in support means of a 10-digit telephone number or messages, do not affect the of explicitly including the terms N11 service code.’’ But the inquiry does Commission’s finding that text messages ‘‘telecommunications service’’ and not end there. As noted above, while are ‘‘calls’’ for purposes of section ‘‘interconnected VoIP service’’ within section 227(e) of the Act makes clear 227(b). Section 227(b), among other the definition of ‘‘voice service,’’ we that SMS and MMS are included within things, places limits on calls made using refrain from doing so at this time. The the definition of ‘‘text message,’’ it any automatic telephone dialing system statutory language requires that simultaneously makes clear that any or an artificial or prerecorded voice. communications encompassed by the ‘‘message sent over an IP-enabled Congress placed the new definition of definition of ‘‘voice service’’ must be messaging service to another user of the ‘‘text message’’ in section 227(e) rather ‘‘interconnected’’ with the public same messaging service’’ that is not than in section 227(a), which contains switched telephone network (PSTN). SMS or MMS is excluded. RCS fits definitions generally applicable We interpret the term ‘‘interconnected’’ comfortably within this exclusion. It is throughout section 227. Consequently, as it is used in the definition of ‘‘voice an IP-based asynchronous messaging we conclude that there is nothing in service’’ to include any service that protocol, and it therefore enables users section 227(e) as amended to suggest enables voice communications either to to send messages ‘‘over an IP-enabled that Congress intended to disturb the the PSTN or from the PSTN, regardless messaging service.’’ Also, RCS enables Commission’s long-standing treatment of whether it enables both inbound and messages to be sent between users of the of text messages under section 227(b), outbound communications within the same messaging service—that is, other which has been in place since 2003. same service. To this end, we interpret users with RCS-enabled devices. RCS 15. Text Messaging Service. We adopt the definition of ‘‘voice service’’ to messages sent to other users are thus the statutory definition of ‘‘text include one-way VoIP service and any excluded so long as RCS is not SMS or messaging service’’ as part of our Truth similar IP-based or other technology-
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based calling capability that ‘‘furnishes implicate the definitions of 21. We decline to include real-time, voice communications to an end user ‘‘interconnected VoIP’’ and two-way voice communications using resources from the North ‘‘interconnected service’’ elsewhere in between and among closed user groups American Numbering Plan or any the Act and our rules. that do not use 10-digit telephone successor to the North American 19. In the NPRM, we sought comment numbers or N11 service codes in the Numbering Plan adopted by the on ‘‘whether we should interpret definition of ‘‘voice service,’’ as such Commission under section 251(e)(1).’’ ‘interconnected’ to include both direct communications do not meet the 18. We also clarify that the and indirect interconnection to the statutory definition of ‘‘voice services.’’ requirement to ‘‘us[e] resources from the PSTN to account for different methods In the 2011 Commission Report, the North American Numbering Plan’’ in of interconnection.’’ In past Commission Commission acknowledged that these investigations, we have found that the definition of ‘‘voice service’’ communications do not present the malicious caller ID spoofing often relies includes one-way VoIP services that same degree of caller ID spoofing on ‘‘dialing platforms’’ or ‘‘third party allow customers of such services to send concern as ‘‘interconnected VoIP voice communications to any end user platforms.’’ These platforms provide dialing software that can be used for services.’’ One notable example of real- who uses NANP resources. It does not time voice communications that do not require the provision of NANP resources sending either live or pre-recorded robocalls. Not all of these platforms are give rise to such caller ID spoofing directly to the customer of the service concerns is voice communications (i.e., the spoofer). We therefore disagree directly interconnected to the PSTN, however, as they may require a VoIP or between players in online games such as with INCOMPAS’ assertion that the local exchange carrier to connect their Fortnite. Since such services ‘‘have no definition of ‘‘voice service’’ should customers to the PSTN. Therefore, to connection to the PSTN,’’ we find that exclude one-way VoIP services because ensure that our rules address malicious Congress did not intend to reach these such services (1) are not capable of caller ID spoofing made with the aid of types of voice communications, nor do transmitting calls to and receiving calls these platforms, and in light of the they fall within the definition of ‘‘voice from the PSTN, and (2) do not require specific statutory context and purpose services’’ for purposes of the rules we NANP resources to furnish voice of the amended section 227(e), which is adopt in this document. communications to an end user. directed at persons who ‘‘knowingly Adopting the INCOMPAS approach 22. Finally, tracking the language of transmit misleading or inaccurate caller could exclude significant amounts of section 227(e) as amended, we conclude identification information,’’ we clarify that the definition of ‘‘voice service’’ unlawful spoofing accomplished that for the purposes of our Truth in includes transmissions to ‘‘a telephone through one-way VoIP services and Caller ID rules, ‘‘interconnected’’ facsimile machine (fax machine) from a third-party spoofing platforms, which includes indirect, as well as direct, we find to be contrary to the interconnection. computer, fax machine, or other Congressional intent in section 503 of 20. We conclude that ‘‘voice services’’ device.’’ We believe that Congress the RAY BAUM’S Act. We observe that include ‘‘real-time, two-way voice intended the inclusion of telephone in amending section 227(e), Congress communications’’ that are transmitted facsimile machine transmissions within neither defined the term by means of a 10-digit telephone the definition of ‘‘voice service’’ to be ‘‘interconnected’’ for the purposes of number or N11 service code. Congress narrow in scope, and therefore, decline section 227(e) nor referenced other explicitly excluded such to expand that definition to encompass statutory provisions or Commission communications from the definition of ‘‘a computer or other device whose rules where ‘‘interconnected’’ is used as ‘‘text message’’ in section 227(e) as purpose is to store an image that could part of the definition of specific amended. Twilio argues that the phrase have been sent to a telephone facsimile categories of communications. In other ‘‘ ‘real-time, two-way voice machine,’’ as suggested by commenter statutory contexts, the focus in defining communications’ that use ‘a 10-digit John Shaw. We believe it is necessary to the scope of a covered ‘‘service’’ is on telephone number or N11 service incorporate this additional specification the nature or capabilities of an offering code’ ’’ is vague and expansive and into our rules to ensure consistency made by a provider to members of the should not be considered part of the with the RAY BAUM’S Act and avoid public, and not on prohibited uses of definition of ‘‘voice service’’ for the confusion as to the scope of the communications services by a person purpose of our Truth in Caller ID rules prohibition. Indeed, in response to the whose identity and means of engaging because Congress could have easily NPRM, one commenter emphasized that in unlawful conduct are likely unknown incorporated that phrase into the its fax line ‘‘routinely receives to the consumer. This difference in definition of ‘‘voice service’’ had it unsolicited material promising treasures statutory text and purpose counsels for intended such service to be included. if certain steps are taken.’’ a broader construction of interconnected Contrary to Twilio’s arguments, we find service in this context. We further that phrase to be concrete and specific 23. Caller Identification Information observe that amended section 227(e) and we think that it is useful in and Caller Identification Service. We specifically removed from the definition providing clear boundaries around what revise the existing definitions of ‘‘caller of covered voice services the reference types of services are covered by the term identification information’’ and ‘‘caller to the definition of ‘‘interconnected ‘‘voice services.’’ As such, we find that identification service’’ in our rules to be VoIP service’’ in § 9.3 of the such real-time, two way voice consistent with section 227(e)(8) as Commission rules. We find that these communications that are transmitted by amended. In doing so, we mirror the actions lend support to our conclusion means of a 10-digit telephone number or amended statutory text by substituting that Congress intended to broaden the N11 service code are covered by the ‘‘voice service or a text message sent scope of IP-enabled voice services amended definition of ‘‘voice services,’’ using a text messaging service’’ for subject to the prohibition on unlawful i.e., services ‘‘interconnected with the ‘‘telecommunications service or spoofing in section 227(e). This public switched telephone network . . . interconnected VoIP service.’’ One expanded interpretation of ‘‘voice that furnish[ ] voice communications to commenter supports our proposal to service,’’ however, is limited to our an end user using resources for the adopt these definitions and no Truth in Caller ID rules, and does not North American Numbering Plan. . . .’’ commenters oppose it.
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D. Other Changes to the Rules calling them, in order to facilitate for public comment, establishes one or 24. While numerous commenters took fraudulent and other harmful activities, more definitions of such term which are the opportunity to advocate for the continue to plague American appropriate to the activities of the adoption of the SHAKEN/STIR call consumers. Last year, as part of the RAY agency and publishes such definition(s) in the Federal Register.’’ A ‘‘small- authentication framework and for other BAUM’S Act, Congress amended section 227(e) of the Communications Act to (1) business concern’’ is one which: (1) Is issues beyond the scope of this extend its scope to encompass malicious independently owned and operated; (2) proceeding, we decline to make other spoofing activities directed at is not dominant in its field of operation; changes to our Truth in Caller ID rules, consumers in the United States from and (3) satisfies any additional criteria or other rules beyond the scope of this actors outside the United States; and (2) established by the SBA. proceeding, at this time. extend its reach to caller ID spoofing 34. Small Businesses, Small II. Procedural Matters using alternative voice and text Organizations, Small Governmental Jurisdictions. Our actions, over time, 25. Effective Date. Pursuant to section messaging services. In this Report and may affect small entities that are not 503 of the RAY BAUM’S Act, the Order (Order), we implement these easily categorized at present. We statutory amendments to section 227(e) recently adopted amendments to therefore describe here, at the outset, will be effective six months after the expand and clarify the Act’s prohibition on the use of misleading and inaccurate three broad groups of small entities that Commission prescribes its could be directly affected herein. First, implementing rules. Because the caller ID information. The amended Truth in Caller ID rules largely adopt while there are industry specific size Commission’s rules implementing the standards for small businesses that are amendments to section 227(e) cannot be the language contained in the RAY BAUM’S Act. The amended rules do not used in the regulatory flexibility effective until the statutory amendments analysis, according to data from the themselves are effective, we make the impose record keeping or reporting obligations on any entity. SBA’s Office of Advocacy, in general a rules adopted here effective six months small business is an independent after adoption and release of this Report B. Summary of Significant Issues Raised business having fewer than 500 and Order, or 30 days after publication by Public Comments in Response to the employees. These types of small in the Federal Register, whichever is IRFA businesses represent 99.9% of all later. 30. There were no comments filed businesses in the United States which 26. Paperwork Reduction Act. This that specifically addressed the proposed translates to 28.8 million businesses. document does not contain new or rules and policies presented in the 35. Next, the type of small entity modified information collection IRFA. described as a ‘‘small organization’’ is requirements subject to the Paperwork generally ‘‘any not-for-profit enterprise Reduction Act of 1995 (PRA), Public C. Response to Comments by the Chief which is independently owned and Law 104–13. In addition, therefore, it Counsel for Advocacy of the SBA operated and is not dominant in its does not contain any new or modified 31. Pursuant to the Small Business field.’’ Nationwide, as of August 2016, information collection burden for small Jobs Act of 2010, which amended the there were approximately 356,494 small business concerns with fewer than 25 RFA, the Commission is required to organizations based on registration and employees, pursuant to the Small respond to any comments filed by the tax data filed by nonprofits with the Business Paperwork Relief Act of 2002, Chief Counsel for Advocacy of the Small Internal Revenue Service (IRS). Reports Public Law 107–198. Business Administration (SBA), and to generated using the NCCS online 27. Congressional Review Act. The provide a detailed statement of any database indicated that as of August Commission will send a copy of this change made to the proposed rules as a 2016 there were 356,494 registered Second Report and Order to Congress result of those comments. nonprofits with total revenues of less and the Government Accountability 32. The Chief Counsel did not file any than $100,000. Of this number, 326,897 Office pursuant to the Congressional comments in response to the proposed entities filed tax returns with 65,113 Review Act, see 5 U.S.C. 801(a)(1)(A). rules in this proceeding. registered nonprofits reporting total 28. Final Regulatory Flexibility revenues of $50,000 or less on the IRS D. Description and Estimate of the Analysis. As required by the Regulatory Form 990–N for Small Exempt Number of Small Entities to Which the Flexibility Act of 1980, as amended Organizations and 261,784 nonprofits Rules Will Apply (RFA), an Initial Regulatory Flexibility reporting total revenues of $100,000 or Analysis (IRFA) was incorporated into 33. The RFA directs agencies to less on some other version of the IRS the notice of proposed rulemaking provide a description and, where Form 990 within 24 months of the Implementing Section 503 of RAY feasible, an estimate of the number of August 2016 data release date. BAUM’S Act, Rules and Regulation small entities that may be affected by 36. Finally, the small entity described Implementing the Truth in Caller ID the final rules adopted pursuant to the as a ‘‘small governmental jurisdiction’’ (NPRM), released February 2019 (84 FR Order. The RFA generally defines the is defined generally as ‘‘governments of 7315). The Commission sought written term ‘‘small entity’’ as having the same cities, counties, towns, townships, public comment on the proposals in the meaning as the terms ‘‘small business,’’ villages, school districts, or special NPRM, including comment on the IRFA. ‘‘small organization,’’ and ‘‘small districts, with a population of less than No comments were filed addressing the governmental jurisdiction.’’ In addition, fifty thousand.’’ U.S. Census Bureau IRFA. This present Final Regulatory the term ‘‘small business’’ has the same data from the 2012 Census of Flexibility Analysis (FRFA) conforms to meaning as the term ‘‘small-business Governments indicates that there were the RFA. concern’’ under the Small Business Act. 90,056 local governmental jurisdictions Pursuant to 5 U.S.C. 601(3), the consisting of general purpose A. Need for, and Objectives of, the Rules statutory definition of a small business governments and special purpose 29. Nefarious schemes that applies ‘‘unless an agency, after governments in the United States. Local manipulate caller ID information to consultation with the Office of governmental jurisdictions are classified deceive consumers about the name and Advocacy of the Small Business in two categories—General purpose phone number of the party that is Administration and after opportunity governments (county, municipal and
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town or township) and Special purpose defined in paragraph 10 of this FRFA. addition, 72 carriers have reported that governments (special districts and Under that size standard, such a they are Other Local Service Providers. independent school districts). Of this business is small if it has 1,500 or fewer Of this total, 70 have 1,500 or fewer number there were 37,132 General employees. Census data for 2012 show employees. Consequently, based on purpose governments (county (there that there were 3,117 firms that operated internally researched FCC data, the were 2,114 county governments with that year. Of this total, 3,083 operated Commission estimates that most populations less than 50,000), with fewer than 1,000 employees. The providers of competitive local exchange municipal and town or township (there Commission therefore estimates that service, competitive access providers, were 18,811 municipal and 16,207 town most providers of local exchange carrier Shared-Tenant Service Providers, and and township governments with service are small entities. Other Local Service Providers are small populations less than 50,000) with 39. Incumbent Local Exchange entities. populations of less than 50,000 and Carriers (incumbent LECs). Neither the 41. Interexchange Carriers (IXCs). 12,184 Special purpose governments Commission nor the SBA has developed Neither the Commission nor the SBA (independent school districts (there a small business size standard for has developed a definition for were 12,184 independent school incumbent local exchange services. The Interexchange Carriers. The closest districts with enrollment populations closest applicable NAICS Code category NAICS Code category is Wired less than 50,000) and special districts) is Wired Telecommunications Carriers Telecommunications Carriers as defined with populations of less than 50,000. as defined in paragraph 10 of this FRFA. in paragraph 10 of this FRFA. The The 2012 U.S. Census Bureau data for Under that size standard, such a applicable size standard under SBA most types of governments in the local business is small if it has 1,500 or fewer rules is that such a business is small if government category shows that the employees. According to Commission it has 1,500 or fewer employees. majority of these governments have data, 3,117 firms operated in that year. According to Commission data, 359 populations of less than 50,000. Based Of this total, 3,083 operated with fewer companies reported that their primary on this data we estimate that at least than 1,000 employees. Consequently, telecommunications service activity was 49,316 local government jurisdictions the Commission estimates that most the provision of interexchange services. fall in the category of ‘‘small providers of incumbent local exchange Of this total, an estimated 317 have governmental jurisdictions.’’ service are small businesses that may be 1,500 or fewer employees and 42 have 37. Wired Telecommunications affected by the rules and policies more than 1,500 employees. Carriers. The U.S. Census Bureau adopted. 1,307 Incumbent Local Consequently, the Commission defines this industry as ‘‘establishments Exchange Carriers reported that they estimates that the majority of primarily engaged in operating and/or were incumbent local exchange service interexchange service providers are providing access to transmission providers. Of this total, an estimated small entities that may be affected by facilities and infrastructure that they 1,006 have 1,500 or fewer employees. the adopted rules. own and/or lease for the transmission of Thus, using the SBA’s size standard, the voice, data, text, sound, and video using majority of incumbent LECs can be 42. Local Resellers. The SBA has wired communications networks. considered small entities. developed a small business size Transmission facilities may be based on 40. Competitive Local Exchange standard for Telecommunications a single technology or a combination of Carriers (competitive LECs), Competitive Resellers which includes Local technologies. Establishments in this Access Providers (CAPs), Shared-Tenant Resellers. The Telecommunications industry use the wired Service Providers, and Other Local Resellers industry comprises telecommunications network facilities Service Providers. Neither the establishments engaged in purchasing that they operate to provide a variety of Commission nor the SBA has developed access and network capacity from services, such as wired telephony a small business size standard for these owners and operators of services, including VoIP services, wired service providers. The appropriate telecommunications networks and (cable) audio and video programming NAICS Code category is Wired reselling wired and wireless distribution, and wired broadband Telecommunications Carriers, as telecommunications services (except internet services. By exception, defined in paragraph 10 of this FRFA. satellite) to businesses and households. establishments providing satellite Under that size standard, such a Establishments in this industry resell television distribution services using business is small if it has 1,500 or fewer telecommunications; they do not facilities and infrastructure that they employees. U.S. Census data for 2012 operate transmission facilities and operate are included in this industry.’’ indicate that 3,117 firms operated infrastructure. Mobile virtual network The SBA has developed a small during that year. Of that number, 3,083 operators (MVNOs) are included in this business size standard for Wired operated with fewer than 1,000 industry. Under the SBA’s size Telecommunications Carriers, which employees. Based on this data, the standard, such a business is small if it consists of all such companies having Commission concludes that the majority has 1,500 or fewer employees. U.S. 1,500 or fewer employees. Census data of Competitive LECs, CAPs, Shared- Census Bureau data for 2012 show that for 2012 show that there were 3,117 Tenant Service Providers, and Other 1,341 firms provided resale services firms that operated that year. Of this Local Service Providers are small during that year. Of that number, all total, 3,083 operated with fewer than entities. According to Commission data, operated with fewer than 1,000 1,000 employees. Thus, under this size 1,442 carriers reported that they were employees. Thus, under this category standard, the majority of firms in this engaged in the provision of either and the associated small business size industry can be considered small. competitive local exchange services or standard, the majority of these resellers 38. Local Exchange Carriers (LECs). competitive access provider services. Of can be considered small entities. Neither the Commission nor the SBA these 1,442 carriers, an estimated 1,256 According to Commission data, 213 has developed a size standard for small have 1,500 or fewer employees. In carriers have reported that they are businesses applicable to local exchange addition, 17 carriers have reported that engaged in the provision of local resale services. The closest applicable NAICS they are Shared-Tenant Service services. Of these, an estimated 211 Code category is for Wired Providers, and all 17 are estimated to have 1,500 or fewer employees. Telecommunications Carriers, as have 1,500 or fewer employees. In Consequently, the Commission
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estimates that the majority of Local fewer employees. Consequently, the for the wireless communications Resellers are small entities. Commission estimates that most Other services (WCS) auction as an entity with 43. Toll Resellers. The Commission Toll Carriers that may be affected by our average gross revenues of $40 million has not developed a definition for Toll rules are small entities. for each of the three preceding years, Resellers. The closest NAICS Code 45. Wireless Telecommunications and a ‘‘very small business’’ as an entity Category is Telecommunications Carriers (Except Satellite). This industry with average gross revenues of $15 Resellers. The Telecommunications comprises establishments engaged in million for each of the three preceding Resellers industry comprises operating and maintaining switching years. The SBA has approved these establishments engaged in purchasing and transmission facilities to provide small business size standards. access and network capacity from communications via the airwaves. 48. Wireless Telephony. Wireless owners and operators of Establishments in this industry have telephony includes cellular, personal telecommunications networks and spectrum licenses and provide services communications services, and reselling wired and wireless using that spectrum, such as cellular specialized mobile radio telephony telecommunications services (except services, paging services, wireless carriers. The closest applicable SBA satellite) to businesses and households. internet access, and wireless video category is Wireless Establishments in this industry resell services. The appropriate size standard Telecommunications Carriers (except telecommunications; they do not under SBA rules is that such a business Satellite) and the appropriate size operate transmission facilities and is small if it has 1,500 or fewer standard for this category under the infrastructure. Mobile virtual network employees. For this industry, U.S. SBA rules is that such a business is operators (MVNOs) are included in this Census data for 2012 show that there small if it has 1,500 or fewer employees. industry. The SBA has developed a were 967 firms that operated for the For this industry, U.S. Census Bureau small business size standard for the entire year. Of this total, 955 firms had data for 2012 show that there were 967 category of Telecommunications employment of 999 or fewer employees firms that operated for the entire year. Resellers. Under that size standard, such and 12 had employment of 1000 Of this total, 955 firms had fewer than a business is small if it has 1,500 or employees or more. Available census 1,000 employees and 12 firms had 1000 fewer employees. Census data for 2012 data do not provide a more precise employees or more. Available census show that 1,341 firms provided resale estimate of the number of firms that data do not provide a more precise services during that year. Of that have employment of 1,500 or fewer estimate of the number of firms that number, 1,341 operated with fewer than employees; the largest category have employment of 1,500 or fewer 1,000 employees. Thus, under this provided is for firms with ‘‘1000 employees; the largest category category and the associated small employees or more.’’ Thus, under this provided is for firms with ‘‘1000 business size standard, the majority of category and the associated size employees or more.’’ Thus, under this these resellers can be considered small standard, the Commission estimates that category and the associated size entities. According to Commission data, the majority of wireless standard, the Commission estimates that 881 carriers have reported that they are telecommunications carriers (except a majority of these entities can be engaged in the provision of toll resale satellite) are small entities. considered small. According to services. Of this total, an estimated 857 46. The Commission’s own data— Commission data, 413 carriers reported have 1,500 or fewer employees. available in its Universal Licensing that they were engaged in wireless Consequently, the Commission System—indicate that, as of October 25, telephony. Of these, an estimated 261 estimates that the majority of toll 2016, there are 280 Cellular licensees have 1,500 or fewer employees and 152 resellers are small entities. that will be affected by our actions in have more than 1,500 employees. 44. Other Toll Carriers. Neither the this document. For the purposes of this Therefore, more than half of these Commission nor the SBA has developed FRFA, consistent with Commission entities can be considered small. a size standard for small businesses practice for wireless services, the 49. Cable and Other Subscription applicable to Other Toll Carriers. This Commission estimates the number of Programming. This industry comprises category includes toll carriers that do licensees based on the number of establishments primarily engaged in not fall within the categories of unique FCC Registration Numbers. The operating studios and facilities for the interexchange carriers, operator service Commission does not know how many broadcasting of programs on a providers, prepaid calling card of these licensees are small, as the subscription or fee basis. The broadcast providers, satellite service carriers, or Commission does not collect that programming is typically narrowcast in toll resellers. The closest applicable information for these types of entities. nature (e.g. limited format, such as NAICS Code category is for Wired Similarly, according to internally news, sports, education, or youth- Telecommunications Carriers, as developed Commission data, 413 oriented). These establishments produce defined in paragraph 10 of this FRFA. carriers reported that they were engaged programming in their own facilities or Under that size standard, such a in the provision of wireless telephony, acquire programming from external business is small if it has 1,500 or fewer including cellular service, Personal sources. The programming material is employees. Census data for 2012 shows Communications Service, and usually delivered to a third party, such that there were 3,117 firms that operated Specialized Mobile Radio Telephony as cable systems or direct-to-home that year. Of this total, 3,083 operated services. Of this total, an estimated 261 satellite systems, for transmission to with fewer than 1,000 employees. Thus, have 1,500 or fewer employees, and 152 viewers. The SBA size standard for this under this category and the associated have more than 1,500 employees. Thus, industry establishes as small, any small business size standard, the using available data, we estimate that company in this category which has majority of Other Toll Carriers can be the majority of wireless firms can be annual receipts of $38.5 million or less. considered small. According to considered small. According to 2012 U.S. Census Bureau Commission data, 284 companies 47. Wireless Communications data, 367 firms operated for the entire reported that their primary Services. This service can be used for year. Of that number, 319 operated with telecommunications service activity was fixed, mobile, radiolocation, and digital annual receipts of less than $25 million the provision of other toll carriage. Of audio broadcasting satellite uses. The a year and 48 firms operated with these, an estimated 279 have 1,500 or Commission defined ‘‘small business’’ annual receipts of $25 million or more.
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Available census data does not provide $250,000,000, we are unable at this time reporting requirements under the rule a more precise estimate of the number to estimate with greater precision the for such small entities; (3) the use of of firms that have receipts of $38.5 number of cable system operators that performance rather than design million or less. Based on this data, the would qualify as small cable operators standards; and (4) an exemption from Commission estimates that the majority under the definition in the coverage of the rule, or any part thereof of firms operating in this industry are Communications Act. for such small entities.’’ small. 52. All Other Telecommunications. 55. The relevant portions of the RAY 50. Cable Companies and Systems This category is comprised of BAUM’S Act do not distinguish (Rate Regulation). The Commission has establishments primarily engaged in between small entities and other entities developed its own small business size providing specialized and individuals. This Order largely standards for the purpose of cable rate telecommunications services, such as tracks the statutory language and, as a regulation. Under the Commission’s satellite tracking, communications result, the adopted revisions to the rules, a ‘‘small cable company’’ is one telemetry, and radar station operation. Commission’s rules do not result in serving 400,000 or fewer subscribers This industry also includes significant economic impact to small nationwide. Industry data indicate that establishments primarily engaged in entities. there are currently 4,600 active cable providing satellite terminal stations and systems in the United States. Of this associated facilities connected with one G. Report to Congress total, all but nine cable operators or more terrestrial systems and capable 56. The Commission will send a copy nationwide are small under the 400,000- of transmitting telecommunications to, of the Order, including this FRFA, in a subscriber size standard. In addition, and receiving telecommunications from, report to Congress pursuant to the under the Commission’s rate regulation satellite systems. Establishments Congressional Review Act. In addition, rules, a ‘‘small system’’ is a cable system providing internet services or voice over the Commission will send a copy of the serving 15,000 or fewer subscribers. internet protocol (VoIP) services via Order, including this FRFA, to the Chief Current Commission records show 4,600 client-supplied telecommunications Counsel for Advocacy of the SBA. A cable systems nationwide. Of this total, connections are also included in this copy of the Order and FRFA (or 3,900 cable systems have fewer than industry. The SBA has developed a summaries thereof) will also be 15,000 subscribers, and 700 systems small business size standard for All published in the Federal Register. have 15,000 or more subscribers, based Other Telecommunications, which on the same records. Thus, under this consists of all such firms with annual III. Ordering Clauses standard as well, we estimate that most receipts of $32.5 million or less. For this 57. Accordingly, it is ordered, cable systems are small entities. category, U.S. Census Bureau data for pursuant to sections 1, 4(i), 201(b), 51. Cable System Operators (Telecom 2012 shows that there were 1,442 firms 227(e), 251(e) and 303 of the Act Standard). The Communications that operated for the entire year. Of Communications Act of 1934, as Act of 1934, as amended, also contains those firms, a total of 1,400 had annual amended, 47 U.S.C. 151, 154(i), 201(b), a size standard for small cable system receipts less than $25 million and 42 227(e), 251(e) and 303, and section operators, which is ‘‘a cable operator firms had annual receipts of $25 million 503(a)(5), Public Law 115–141, 132 Stat. that, directly or through an affiliate, to $49,999,999. Thus, the Commission 348, 1092 (2018), that this Second serves in the aggregate fewer than one estimates that the majority of ‘‘All Other Report and Order is adopted. percent of all subscribers in the United Telecommunications’’ firms potentially States and is not affiliated with any 58. It is further ordered that part 64 affected by our action can be considered of the Commission’s rules are amended entity or entities whose gross annual small. revenues in the aggregate exceed as set forth in the Final Rules. $250,000,000.’’ There are approximately E. Description of Projected Reporting, 59. It is further ordered that, pursuant 52,403,705 cable video subscribers in Recordkeeping, and Other Compliance to §§ 1.4(b)(1) and 1.103(a) of the the United States today. Accordingly, an Requirements for Small Entities Commission’s rules, 47 CFR 1.4(b)(1), operator serving fewer than 524,037 53. This Order modifies the 1.103(a), and section 503(a)(5), Public subscribers shall be deemed a small Commission’s Truth in Caller ID rules Law 115–141, 132 Stat. 348, 1092 operator if its annual revenues, when by adopting in large part the language in (2018), this Second Report and Order combined with the total annual section 227(e) as amended. The shall be effective six months after revenues of all its affiliates, do not amended rules adopted in the Order do adoption and release of this Second exceed $250 million in the aggregate. not contain reporting or recordkeeping Report and Order, or 30 days after Based on available data, we find that all requirements. publication of this Second Report and but nine incumbent cable operators are Order in the Federal Register, F. Steps Taken To Minimize the small entities under this size standard. whichever is later. We clarify that the Commission neither Significant Economic Impact on Small 60. It is further ordered that the requests nor collects information on Entities, and Significant Alternatives Commission shall send a copy of this whether cable system operators are Considered Second Report and Order to Congress affiliated with entities whose gross 54. The RFA requires an agency to and to the Government Accountability annual revenues exceed $250 million. describe any significant, specifically Office pursuant to the Congressional The Commission does receive such small business, alternatives that it has Review Act, see 5 U.S.C. 801(a)(1)(A). information on a case-by-case basis if a considered in reaching its approach, 61. It is further ordered that the cable operator appeals a local franchise which may include the following four Commission’s Consumer and authority’s finding that the operator alternatives (among others): ‘‘(1) The Governmental Affairs Bureau, Reference does not qualify as a small cable establishment of differing compliance or Information Center, shall send a copy of operator pursuant to § 76.901(f) of the reporting requirements or timetables this Second Report and Order, Commission’s rules. Although it seems that take into account the resources including the Final Regulatory certain that some of these cable system available to small entities; (2) the Flexibility Analysis (FRFA), to the Chief operators are affiliated with entities clarification, consolidation, or Counsel for Advocacy of the Small whose gross annual revenues exceed simplification of compliance and Business Administration.
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List of Subjects in 47 CFR Part 64 (5) Billing number information, (2) Includes a short message service including charge number, ANI, or Communications and common (SMS) message, and a multimedia pseudo-ANI; or carriers, Reporting and recordkeeping message service (MMS) message and requirements, Telecommunications, (6) Other information regarding the (3) Does not include: Telephone. source or apparent source of a telephone call. (i) A real-time, two-way voice or Federal Communications Commission. video communication; or (h) Interconnected VoIP service. The Marlene Dortch, term ‘‘interconnected VoIP service’’ has (ii) A message sent over an IP-enabled Secretary. the same meaning given the term messaging service to another user of the Final Rules ‘‘interconnected VoIP service’’ in 47 same messaging service, except a CFR 9.3 as it currently exists or may message described in paragraph (o)(2) of The Federal Communications hereafter be amended. this section. Commission amends part 64 of title 47 (i) Intermediate provider. The term of the Code of Federal Regulations as (p) Text messaging service. The term ‘‘intermediate provider’’ means any follows: ‘‘text messaging service’’ means a entity that carries or processes traffic service that enables the transmission or PART 64—MISCELLANEOUS RULES that traverses or will traverse the public receipt of a text message, including a RELATING TO COMMON CARRIERS switched telephone network (PSTN) at service provided as part of or in any point insofar as that entity neither connection with a voice service. ■ 1. The authority citation for part 64 is originates nor terminates that traffic. (q) Threatening call. The term revised to read as follows: (j) N11 service code. For purposes of ‘‘threatening call’’ is any call that Authority: 47 U.S.C. 154, 201, 202, 217, this subpart, the term ‘‘N11 service code’’ means an abbreviated dialing conveys an emergency involving danger 218, 220, 222, 225, 226, 227, 228, 251(a), of death or serious physical injury to 251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 620, code that allows telephone users to 1401–1473, unless otherwise noted; sec. 503, connect with a particular node in the any person requiring disclosure without Pub. L. 115–141, 132 Stat. 348. network by dialing only three digits, of delay of information relating to the emergency. ■ 2. Amend § 64.1600 by revising which the first digit is any digit other paragraphs (c) and (d) and (f) through (l) than ‘1’ or ‘0’, and each of the last two (r) Voice service. The term ‘‘voice and adding paragraphs (m) through (r) digits is ‘1’. service’’: to read as follows: (k) Multimedia message service (1) Means any service that is (MMS). The term ‘‘multimedia message interconnected with the public switched § 64.1600 Definitions. service’’ or MMS refers to a wireless telephone network and that furnishes messaging service that is an extension of * * * * * voice communications to an end user the SMS protocol and can deliver a (c) Caller identification information. using resources from the North The term ‘‘caller identification variety of media, and enables users to American Numbering Plan or any information’’ means information send pictures, videos, and attachments successor to the North American provided by a caller identification over wireless messaging channels. service regarding the telephone number (l) Privacy indicator. The term Numbering Plan adopted by the of, or other information regarding the ‘‘privacy indicator’’ refers to Commission under section 251(e)(1) of origination of, a call made using a voice information, contained in the calling the Communications Act of 1934, as service or a text message sent using a party number parameter of the call set- amended; and text messaging service. up message associated with an interstate (2) Includes transmissions from a (d) Caller identification service. The call on an Signaling System 7 network, telephone facsimile machine, computer, term ‘‘caller identification service’’ that indicates whether the calling party or other device to a telephone facsimile means any service or device designed to authorizes presentation of the calling machine. provide the user of the service or device party number to the called party. ■ 3. Amend § 64.1604 by revising with the telephone number of, or other (m) Short message service (SMS). The paragraph (a) and removing the heading information regarding the origination of, term ‘‘short message service’’ or SMS from paragraph (b) to read as follows: a call made using a voice service or a refers to a wireless messaging service text message sent using a text messaging that enables users to send and receive § 64.1604 Prohibition on transmission of service. short text messages, typically 160 inaccurate or misleading caller * * * * * characters or fewer, to or from mobile identification information. phones and can support a host of (f) Charge number. The term ‘‘charge (a) No person or entity in the United applications. number’’ refers to the delivery of the States, nor any person or entity outside calling party’s billing number in a (n) Signaling System 7. The term the United States if the recipient is ‘‘Signaling System 7’’ (SS7) refers to a Signaling System 7 environment by a within the United States, shall, with the local exchange carrier to any carrier to carrier out-of-band signaling intent to defraud, cause harm, or interconnecting carrier for billing or network used for call routing, billing wrongfully obtain anything of value, routing purposes, and to the subsequent and management. knowingly cause, directly, or indirectly, delivery of such number to end users. (o) Text message. The term ‘‘text any caller identification service to (g) Information regarding the message’’: transmit or display misleading or origination. The term ‘‘information (1) Means a message consisting of inaccurate caller identification regarding the origination’’ means any: text, images, sounds, or other information in connection with any (1) Telephone number; information that is transmitted to or (2) Portion of a telephone number, from a device that is identified as the voice service or text messaging service. such as an area code; receiving or transmitting device by * * * * * (3) Name; means of a 10-digit telephone number or [FR Doc. 2019–18229 Filed 8–29–19; 8:45 am] (4) Location information; N11 service code; BILLING CODE 6712–01–P
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DEPARTMENT OF VETERANS Case RIN 2900–AQ24—Environment, contacts where FOIA requests can be AFFAIRS Energy and Water Efficiency, Renewable submitted electronically. Energy Technologies, Occupational This rule adds part 826—Other 48 CFR Parts 801, 823, 824, 826, 836, Safety, and Drug-Free Workplace; Socioeconomic Programs, with a single 843, and 852 Protection of Privacy and Freedom of subpart 826.2, Disaster or Emergency Assistance Activities. This part includes RIN 2900–AQ24 Information; Other Socioeconomic Programs; and Contract Modifications. 826.202–1, Local area set-aside, to VA Acquisition Regulation: VA provided a 60-day comment period require the contracting officer to Environment, Energy and Water for the public to respond to the determine whether a local area set-aside Efficiency, Renewable Energy proposed rule and submit comments. should be further restricted to verified Technologies, Occupational Safety, The comment period for the proposed Service-Disabled Veteran-Owned Small and Drug-Free Workplace; Protection rule ended on January 28, 2019 and VA Businesses (SDVOSB) or Veteran- of Privacy and Freedom of Information; received 3 comments from two Owned Small Businesses (VOSB), Other Socioeconomic Programs; and commenters. This rule adopts as a final because, while the FAR allows further Contract Modifications rule, with changes, the proposed rule restriction to socioeconomic programs published in the Federal Register on in FAR part 19, it does not mention the AGENCY: Department of Veterans Affairs. November 29, 2018, with minor VA specific requirements under 38 ACTION: Final rule. formatting and/or grammatical edits, as U.S.C. 8127 and 8128. This regulatory well as the non-substantive changes action also adds 826.202–2, Evaluation SUMMARY: The Department of Veterans described below. preference, which has been revised on Affairs (VA) is amending and updating In particular, this final rule adds part the basis of a public comment as its VA Acquisition Regulation (VAAR) 823, Environment, Energy and Water described below. in phased increments to revise or Efficiency, Renewable Energy This rule adds part 843, Contract remove any policy superseded by Technologies, Occupational Safety, and Modifications, with a single subpart changes in the Federal Acquisition Drug-Free Workplace. This final rule 843.2, Change Orders. This final rule Regulation (FAR), to remove procedural adds 823.103–70, Policy, to give adds 843.205, Contract clauses, which guidance internal to VA into the VA contracting officers the option to provides contracting officers with Acquisition Manual (VAAM), and to include an evaluation factor for an guidance for establishing the number of incorporate any new agency specific offeror’s Sustainable Action Plan when days (up to 60 days), the contractor may regulations or policies. These changes acquiring products and services. be granted to assert its right to an seek to align the VAAR with the FAR This rule adds 823.103–71, equitable adjustment within the and remove outdated and duplicative Solicitation provision, which prescribes Changes clause. This rule also adds requirements and reduce burden on use of a new provision at 852.223–70, 843.205–70, Contract changes— contractors. The VAAM incorporates Instruction to Offerors—Sustainable supplement, which prescribes the use of portions of the removed VAAR as well Acquisition Plan, when the contracting the clause 852.243–70, Construction as other internal agency acquisition officer requires an offeror to submit a Contract Changes—Supplement, policy. VA will rewrite certain parts of Sustainable Action Plan with its (formerly numbered 852.236–88), which the VAAR and VAAM, and as VAAR proposal. has been revised and moved to this part parts are rewritten, VA will publish In subpart 823.3, Hazardous Material from VAAR 836.578. them in the Federal Register. In Identification and Material Safety Data, particular, this rulemaking adds or this regulatory action adds 823.300, Technical Non-Substantive Change to revises VAAR coverage concerning Scope of subpart, and 823.303–70, the Proposed Rule Environment, Energy and Water Contract clause, to prescribe the use of This final rule makes three technical Efficiency, Renewable Energy clause 852.223–71, Safety and Health, non-substantive changes: Technologies, Occupational Safety, and for use in administering safety and At section 823.103–70, Policy, VA has Drug-Free Workplace; Protection of health requirements in solicitations and removed specific examples of the types Privacy and Freedom of Information; contracts for research, development, or of products or services which might be Other Socioeconomic Programs; and test projects; transportation of classified ‘‘sustainable’’ products and Contract Modifications, as well as hazardous materials; and construction. services as it is unnecessary to list out affected parts covering Department of This rule, under VAAR part 824, all the possible types of products or Veterans Affairs Acquisition Regulation Protection of Privacy and Freedom of services and FAR subpart 23.1 provides System, Construction and Architect- Information, adds 824.103, Procedures, sufficient guidance. Engineer Contracts and Solicitation to implement the procedures in FAR Under sections 823.303–70, Contract Provisions and Contract Clauses. 24.103, by citing specific VA Handbooks clause, and 852.223–71, Safety and in solicitations and contracts that Health, VA has removed the term DATES: This rule is effective on require the design, development, or ‘‘hazardous operations’’ because the September 30, 2019. operation of a system of records; and by term is unnecessary. FOR FURTHER INFORMATION CONTACT: Mr. requiring the contracting officer to VA is no longer proposing to add Rafael N. Taylor, Senior Procurement include in Statements of Work and section 823.103–72, Contract file, which Analyst, Procurement Policy and Performance Work Statements would have required the contracting Warrant Management Services, 003A2A, procedures to follow in the event of a officer to place the contractor’s final 425 I Street NW, Washington, DC 20001, Personally Identifiable Information (PII) Sustainable Acquisition Plan, if one is (202) 382–2787. (This is not a toll-free breach. required, into the official contract file. number.) This final rule revises 824.203, Policy, This information is procedural in nature SUPPLEMENTARY INFORMATION: On to add coverage advising the public that and has been moved to the VAAM. November 29, 2018, VA published a the VA FOIA Service Office handles all VA provided a 60-day comment proposed rule in the Federal Register Freedom of Information Act (FOIA) period for the public to respond to the (83 FR 61365) which announced VA’s requests, and to provide the centralized proposed rule. As stated previously, VA intent to amend regulations for VAAR website and a link to the list of FOIA received 3 comments from two
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commenters. The issues raised in the change orders, on the basis that the FAR VAAR is being updated to remove comments as well as the changes made has sufficient coverage in this area and extraneous procedural information that to the proposed rule based on those to alleviate any confusion. applies only to VA’s internal operating comments are provided as follows: processes or procedures. VA estimates Unfunded Mandates The commenter believes the proposed no cost impact to individual businesses language in VAAR 826.202–2 creates The Unfunded Mandates Reform Act will result from these rule updates. On confusion regarding the contracting of 1995 requires, at 2 U.S.C. 1532, that this basis, the final rule does not have officer’s obligations to evaluate and give agencies prepare an assessment of a significant economic impact on a preference to SDVOSBs and VOSBs in anticipated costs and benefits before substantial number of small entities as procurements not set aside for issuing any rule that may result in the they are defined in the Regulatory SDVOSBs or VOSBs. The commenter expenditure by State, local, and tribal Flexibility Act, 5 U.S.C. 601–612. states that ‘‘VA should not use the Governments, in the aggregate, or by the Therefore, under 5 U.S.C. 605(b), this phrase ‘‘shall consider’’ because this private sector, of $100 million or more regulatory action is exempt from the suggests that VA contracting officers (adjusted annually for inflation) in any initial and final regulatory flexibility have discretion in whether to provide one year. This final rule will have no analysis requirements of sections 603 evaluation preferences for SDVOSBs such effect on State, local, and tribal and 604. and VOSBs, which they do not.’’ The Governments or on the private sector. Executive Orders 12866, 13563 and commenter recommends that the VA Paperwork Reduction Act change the language at 826.202–2 to 13771 alleviate any confusion it may cause. The Paperwork Reduction Act of 1995 Executive Orders (E.O.s) 12866 and VA concurs with the recommendation (at 44 U.S.C. 3507) requires that VA 13563 direct agencies to assess all costs and has revised 826.202–2, Evaluation consider the impact of paperwork and and benefits of available regulatory preference, to reflect that contracting other information collection burdens alternatives and, if regulation is officers shall include evaluation factors imposed on the public. Under 44 U.S.C. necessary, to select regulatory in accordance with VAAR 815.304 and 3507(a), an agency may not collect or approaches that maximize net benefits the evaluation criteria clause prescribed sponsor the collection of information, (including potential economic, at 815.304–71(a): 852.215–70, Service- nor may it impose an information environmental, public health and safety Disabled Veteran-Owned and Veteran- collection requirement unless it effects, distributive impacts, and Owned Small Business Evaluation displays a currently valid Office of equity). E.O. 13563 emphasizes the Factors. Management and Budget (OMB) control importance of quantifying both costs The commenter also recommends that number. See also 5 CFR 1320.8(b)(3)(vi). and benefits of reducing costs, of The information collection VA should revise the proposed VAAR harmonizing rules, and of promoting requirements for 852.236–88, which is 815.304–71(a), which currently states flexibility. The Office of Information currently prescribed by 836.578, is that contracting officers shall insert and Regulatory Affairs has determined VAAR 852.215–70, SDVOSB and VOSB currently approved by OMB and has that this rule is not a significant Evaluation Factors, in competitively been assigned OMB control number regulatory action under Executive Order negotiated solicitations that are not set 2900–0422. As a part of this final rule, 12866. aside for SDVOSBs or VOSBs. this information collection has been VA’s impact analysis can be found as VA appreciates the comment and it is submitted to OMB to revise the title, a supporting document at http:// VA policy that SDVOSBs have priority redesignate the collection and renumber www.regulations.gov, usually within 48 over VOSBs when contracting under the the clause currently numbered as hours after the rulemaking document is authority of 38 U.S.C. 8127(i). However, section 852.236–88, Contract Changes— published. Additionally, a copy of the the intent of the evaluation preference is Supplement. Accordingly, if approved, rulemaking and its impact analysis are to provide additional preference to the clause would reflect the new available on VA’s website at http:// veteran-owned small businesses when a designation and revised title as set forth www.va.gov/orpm by following the link procurement is performed outside of the in the preamble and the amendatory for VA Regulations Published from FY authority under 38 U.S.C. 8127. This is language of this final rule to read: 2004 Through Fiscal Year to Date. This in recognition of the requirement in 38 852.243–70, Construction Contract final rule is not an E.O. 13771 regulatory U.S.C. 8128(a) that small business Changes—Supplement, as prescribed by action because this rule is not concerns ‘‘owned and controlled by 843.205–70, Contract changes— significant under E.O. 12866. veterans’’ have a priority over other supplement, under the associated OMB small businesses. 38 U.S.C. 8128(a) does control number 2900–0422. The Congressional Review Act not make a distinction between reference to the old number—852.236– Pursuant to the Congressional Review SDVOSB or VOSB. Therefore, the 88, would accordingly be removed. As Act (5 U.S.C. 801 et seq.), the Office of proposed language will remain required by the Paperwork Reduction Information and Regulatory Affairs unchanged. Act of 1995 (at 44 U.S.C. 3507(d)), VA designated this rule as not a major rule, Another commenter takes exception has submitted these information as defined by 5 U.S.C. 804(2). to the coverage at 843 pertaining to collection amendments to OMB for its undefinitized change orders. The review and approval. List of Subjects commenter expressed concern that the proposed coverage would have allowed Regulatory Flexibility Act 48 CFR Part 801 contracting officers to obligate funds in This final rule does not have a Administrative practice and an amount less than the legal obligation significant economic impact on a procedure, Government procurement, created when a contract modification is substantial number of small entities as Reporting and recordkeeping issued and requested that VA provide they are defined in the Regulatory requirements. clarification on this matter. Flexibility Act, 5 U.S.C. 601–612. The VA appreciates the comment and after overall impact of the rule is of benefit 48 CFR Part 823 careful consideration, VA has removed to small businesses owned by Veterans Air pollution control, Drug abuse, 843.204–70, Definitization of unpriced or service-disabled Veterans as the Energy conservation, Government
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procurement, Hazardous substances, PART 823—ENVIRONMENT, ENERGY Authority: 5 U.S.C. 552a; 40 U.S.C. 121(c); Recycling, Water pollution control. AND WATER EFFICIENCY, 41 U.S.C. 1121(c); 41 U.S.C. 1702; 38 CFR 1.550–1.562 and 1.575–1.584; and 48 CFR 48 CFR Part 824 RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL 1.301–1.304. ■ Freedom of information, Government SAFETY, AND DRUG–FREE 5. Section 824.102 is revised to read procurement, Privacy. WORKPLACE as follows: 48 CFR Part 826 Sec. 824.102 General. VA rules implementing the Privacy Disaster assistance, Government Subpart 823.1—Sustainable Acquisition Policy Act of 1974 are in 38 CFR 1.575 through procurement, Indians. 1.584, Safeguarding Personal 823.103–70 Policy. 48 CFR Part 836 823.103–71 Solicitation provision. Information in Department of Veterans Affairs Records. Government procurement, Reporting Subpart 823.3—Hazardous Material ■ 6. Section 824.103 is added to subpart Identification and Material Safety Data and recordkeeping requirements. 824.1 to read as follows: 48 CFR Part 843 823.300 Scope of subpart. 823.303–70 Contract clause. 824.103 Procedures. Government procurement. Authority: 40 U.S.C. 121(c); 41 U.S.C. (c) The contracting officer shall 1702; and 48 CFR 1.301–1.304. 48 CFR Part 852 reference the following documents in solicitations and contracts that require Government procurement, Reporting Subpart 823.1—Sustainable the design, development, or operation of and recordkeeping requirements. Acquisition Policy a system of records— (1) VA Handbook 6500.6, Contract Signing Authority 823.103–70 Policy. (a) For new contracts and orders Security; The Secretary of Veterans Affairs above the micro-purchase threshold, (2) VA Handbook 6508.1, Procedures approved this document and authorized contracting officers may insert a for Privacy Threshold Analysis and the undersigned to sign and submit the solicitation provision to include an Privacy Impact Assessment; document to the Office of the Federal evaluation factor for an offeror’s (3) VA Handbook 6510, VA Identity Register for publication electronically as Sustainable Acquisition Plan. and Access Management— an official document of the Department (b) When a solicitation includes the (i) The contracting officer will ensure of Veterans Affairs. Robert L. Wilkie, provision at 852.223–70, Instruction to that statements of work or performance Secretary, Department of Veterans Offerors—Sustainable Acquisition Plan, work statements that require the design, Affairs, approved this document on offerors shall include a Sustainable development, or operation of a system August 23, 2019, for publication. Acquisition Plan in their technical of records include procedures to follow in the event of a Personally Identifiable Dated: August 23, 2019. proposal addressing the sustainable Information (PII) breach; and Michael P. Shores, products and services for delivery under any resulting contract. (ii) The contracting officer shall Director, Office of Regulation Policy & ensure that Government surveillance Management, Office of the Secretary, 823.103–71 Solicitation provision. plans for contracts that require the Department of Veterans Affairs. The contracting officer shall insert the design, development, or operation of a For the reasons set out in the provision at 852.223–70, Instruction to system of records include monitoring of preamble, VA amends 48 CFR parts 801, Offerors—Sustainable Acquisition Plan, the contractor’s adherence to Privacy 824, 836 and 852 and adds parts 823, in solicitations above the micro- Act/PII regulations. The assessing 826, and 843 as follows: purchase threshold. official should document contractor- caused breaches or other incidents PART 801—DEPARTMENT OF Subpart 823.3—Hazardous Material related to PII in past performance VETERANS AFFAIRS ACQUISITION Identification and Material Safety Data reports. Such incidents include REGULATION SYSTEM 823.300 Scope of subpart. instances in which the contractor did not adhere to Privacy Act/PII ■ This subpart provides a contract 1. The authority citation for part 801 contractual requirements. continues to read as follows: clause for use in administering safety and health requirements. Authority: 40 U.S.C. 121(c); 41 U.S.C. Subpart 824.2—Freedom of 1121; 41 U.S.C. 1303; 41 U.S.C. 1702; and 48 823.303–70 Contract clause. Information Act CFR 1.301–1.304. Contracting officers shall insert clause ■ 7. Section 824.203 is revised to read 852.223–71, Safety and Health, in Subpart 801.1—Purpose, Authority, as follows: Issuance solicitations and contracts that involve hazardous materials for the following 824.203 Policy. 801.106 [Amended] types of requirements: (a) VA rules implementing the (a) Research, development, or test ■ 2. In 801.106, in the table, under the Freedom of Information Act (FOIA) are projects. in 38 CFR 1.550 through 1.562. columns titled ‘‘48 CFR part or section (b) Transportation of hazardous where identified and described’’ and (b) Upon receipt of a request, the materials. contracting officer shall provide the ‘‘Current OMB Control Number’’: (c) Construction. requester with the name of the Revise the reference to ‘‘852.236–88’’ cognizant VA FOIA Service Office. The to read ‘‘852.243–70’’. The PART 824—PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION VA FOIA Service Office (see http:// corresponding OMB Control Number www.oprm.va.gov/foia/) is the focal 2900–0422 remains unchanged. ■ 4. The authority citation for part 824 point for all FOIA requests and official ■ 3. Part 823 is added to read as follows: is revised to read as follows: information may only be released
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through the cognizant FOIA Service or 4, Changes, and in the prescription at Administration (OSHA) and other regulatory/ their authorized designee. FAR 43.205(c) for FAR 52.243–3, enforcement agencies at the Federal, State, ■ 8. Part 826 is added to read as follows: Changes—Time-and-Materials or Labor- and local levels. Hours, the contracting officer may vary (1) Additionally, the Contractor shall PART 826—OTHER SOCIOECONOMIC comply with the following regulations when the period within which a contractor developing and implementing health and PROGRAMS must assert its right to an equitable safety operating procedures and practices for adjustment but the extended period Sec. both personnel and facilities involving the shall not exceed 60 calendar days. use or handling of hazardous materials and Subpart 826.2—Disaster or Emergency the conduct of research, development, or test Assistance Activities 843.205–70 Contract changes— projects: supplement. 826.202–1 Local area set-aside. (i) 29 CFR 1910.1030, Bloodborne 826.202–2 Evaluation preference. The contracting officer shall insert the pathogens; 29 CFR 1910.1450, Occupational clause at 852.243–70, Construction exposure to hazardous chemicals in Authority: 38 U.S.C. 8127–8128; 40 U.S.C. laboratories. These regulations are available 121(c); 41 U.S.C. 1702; 38 CFR 1.550–1.562 Contract Changes—Supplement, in solicitations and contracts for at https://www.osha.gov/. and 1.575–1.584; and 48 CFR 1.301–1.304. (ii) Nuclear Regulatory Commission construction that are expected to exceed Standards and Regulations, pursuant to the Subpart 826.2—Disaster or Emergency the micro-purchase threshold for Energy Reorganization Act of 1974 (42 U.S.C. Assistance Activities construction. 5801 et seq.) Copies are available from the U.S. Nuclear Regulatory Commission, 826.202–1 Local area set-aside. PART 852—SOLICITATION Washington, DC 20555–0001. (c) The contracting officer shall PROVISIONS AND CONTRACT (2) The following Government guidelines determine whether a local area set-aside CLAUSES are recommended for developing and should be further restricted to verified implementing health and safety operating Service-Disabled Veteran-Owned Small ■ 12. The authority citation for part 852 procedures and practices for both personnel Businesses (SDVOSBs) or Veteran- is revised to read as follows: and facilities: Owned Small Businesses (VOSBs) (i) Biosafety in Microbiological and Authority: 38 U.S.C. 8127–8128, and Biomedical Laboratories, Centers for Disease pursuant to subpart 819.70. 8151–8153; 40 U.S.C. 121(c); 41 U.S.C. Control and Prevention (CDC), available at 1121(c)(3); 41 U.S.C. 1303; 41 U.S.C. 1702; 826.202–2 Evaluation preference. http://www.cdc.gov/biosafety/publications/ and 48 CFR 1.301–1.304. index.htm. Pursuant to 38 U.S.C. 8128, the ■ 13. Section 852.223–70 is added to (ii) Prudent Practices in the Laboratory, contracting officer shall include read as follows: National Research Council, National evaluation factors in accordance with Academy Press, Washington, DC 20001, 815.304 and the evaluation criteria 852.223–70 Instructions to offerors— available at http://www.nap.edu. clause prescribed at 815.304–71(a), Sustainable Acquisition Plan. (b)(1) The Contractor shall maintain an 852.215–70, Service-Disabled Veteran- As prescribed in 823.103–71, when accurate record of, and promptly report to the Owned and Veteran-Owned Small the Contracting Officer deems a Contracting Officer, all accidents or incidents Business Evaluation Factors. Sustainable Acquisition Plan necessary, resulting in the exposure of persons to toxic substances, hazardous materials; the injury or the Contracting Officer shall insert the death of any person; or damage to property PART 836—CONSTRUCTION AND following provision: ARCHITECT–ENGINEER CONTRACTS incidental to work performed under the Instructions to Offerors—Sustainable contract resulting from toxic or hazardous ■ 9. The authority citation for part 836 Acquisition Plan (SEP 2019) materials and resulting in any or all continues to read as follows: violations for which the Contractor has been Offerors shall include a Sustainable cited by any Federal, State or local Authority: 40 U.S.C. 121(c); 41 U.S.C. Acquisition Plan in their technical proposals. regulatory/enforcement agency. 1121(c)(3), 1303(a)(2) and 1702; and 48 CFR The plan must describe the approach and (2) The report shall include a copy of the 1.301–1.304. quality assurance mechanisms for applying notice of violation and the findings of any FAR subpart 23.1, Sustainable Acquisition inquiry or inspection, and an analysis 836.578 [Removed] Policy and other Federal laws, regulations addressing the impact these violations may ■ 10. Section 836.578 is removed. and Executive Orders governing sustainable have on the work remaining to be performed. ■ 11. Part 843 is added to read as acquisition. The plan shall clearly identify The report shall also state the required follows: those products and services included in the action(s), if any, to be taken to correct any proposal. violation(s) noted by the Federal, State, or PART 843—CONTRACT (End of provision) local regulatory/enforcement agency and the time frame allowed by the agency to MODIFICATIONS ■ 14. Section 852.223–71 is added to read as follows: accomplish the necessary corrective action. Sec. (c) If the Contractor fails or refuses to 852.223–71 Safety and Health. comply with the Federal, State or local Subpart 843.2—Change Orders regulatory/enforcement agency’s directive(s) As prescribed by 823.303–70, the regarding any violation(s) and prescribed 843.205 Contract clauses. Contracting Officer shall insert the 843.205–70 Contract changes—supplement. corrective action(s), the Contracting Officer following clause: may issue an order stopping all or part of the Authority: 40 U.S.C. 121(c); 41 U.S.C. Safety and Health (SEP 2019) work until satisfactory corrective action (as 1121(c)(3); 41 U.S.C. 1702; and 48 CFR approved by the Federal, State, or local 1.301–1.304. (a) To help ensure the protection of the life regulatory/enforcement agencies) has been and health of all persons, and to help prevent taken and documented to the Contracting Subpart 843.2—Change Orders damage to property, the Contractor shall Officer. No part of the time lost due to any 843.205 Contract clauses. comply with all Federal, State, and local laws such stop work order shall form the basis for and regulations applicable to the work being a request for extension or costs or damages As authorized in the introductory text performed under this contract. These laws by the Contractor. of clauses FAR 52.243–1, Changes— are implemented or enforced by the (d) The Contractor shall insert this clause Fixed-Price; FAR 52.243–2, Changes— Environmental Protection Agency (EPA), in each subcontract involving toxic Cost-Reimbursement; and FAR 52.243– Occupational Safety and Health substances or hazardous materials. The
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Contractor is responsible for the compliance a declining scale will be used in negotiating DEPARTMENT OF TRANSPORTATION of its subcontractors with the provisions of the percentage of overhead and profit. This this clause. declining scale will also be used to negotiate Federal Railroad Administration (End of clause) the prime Contractor’s or upper-tier 852.236–88 [Removed and Reserved] subcontractor’s fee when work is performed 49 CFR Part 270 by lower-tier subcontractors (to a maximum ■ [Docket No. FRA–2011–0060, Notice No. 11] 15. Section 852.236–88 is removed of three tiers) and will be based on the net and reserved. increased cost to the prime or upper-tier RIN 2130–AC81 ■ 16. Section 852.243–70 is added to subcontractor, as applicable. Profit (fee) shall read as follows: be computed by multiplying the profit System Safety Program percentage by the sum of the direct costs and 852.243–70 Construction Contract AGENCY: Federal Railroad Changes—Supplement. computed overhead costs. Allowable percentages on changes will not exceed the Administration (FRA), Department of As prescribed in 843.205–70, the following: Transportation (DOT). Contracting Officer shall insert this (i) 10 percent overhead and/or 10 percent ACTION: Final rule; stay of regulations. clause in solicitations and contracts for profit (fee) on the first $20,000. construction that are expected to exceed (ii) 7.5 percent overhead and/or 7.5 percent SUMMARY: On August 12, 2016, FRA the micro-purchase threshold. The profit (fee) on the next $30,000. published a final rule requiring Contracting Officer shall fill in the (iii) 5 percent overhead and/or 5 percent commuter and intercity passenger number of days in which a Contractor profit (fee) on a balance over $50,000. railroads to develop and implement a must assert its right to an equitable (2) The Contracting Officer will consider system safety program (SSP) to improve adjustment; however, such amount shall issuing a settlement by determination to the the safety of their operations. FRA has not exceed 60 calendar days. contract if the Contractor’s proposal required stayed the SSP final rule’s requirements until September 4, 2019. FRA is issuing Construction Contract Changes— by paragraph (3) is not received within 30 this final rule to extend that stay until Supplement (SEP 2019) calendar days, or if agreement has not been reached. March 4, 2020. The FAR clauses 52.236–2, Differing Site (c)(1) Overhead and Contractor’s fee DATES: Effective August 29, 2019, 49 Conditions; 52.243–4, Changes; and 52.243– percentages shall be considered to include CFR part 270, stayed February 13, 2017, 5, Changes and Changed Conditions, are insurance other than mentioned herein, field supplemented as follows: at 82 FR 10443, and further stayed (a) Submission of request for equitable and office supervisors and assistants, security March 21, 2017, at 82 FR 14476, May adjustment proposals. When directed by the police, use of small tools, incidental job 22, 2017, at 82 FR 23150, June 7, 2017, Contracting Officer or requested by the burdens, and general home office expenses at 82 FR 26359, November 30, 2017, at Contractor, the Contractor shall, in and no separate allowance will be made. 82 FR 56744, and December 7, 2018, at accordance with FAR 15.403–5, submit Assistants to office supervisors include all 83 FR 63106, is further stayed until proposals for changes in the work exceeding clerical, stenographic and general office help. March 4, 2020. $500,000 in writing to the Contracting Officer Incidental job burdens include, but are not or Administrative Contracting Officer (ACO), ADDRESSES: Docket: For access to the necessarily limited to, office equipment and docket to read background documents and to the resident engineer. supplies, temporary toilets, telephone and (1) The Contractor must provide an or comments received, go to http:// conformance to OSHA requirements. Items itemized breakdown for changes exceeding www.regulations.gov and follow the such as, but not necessarily limited to, the micro-purchase threshold (see FAR online instructions for accessing the review and coordination, estimating and 2.101). docket. (2) The itemized breakdown shall include expediting relative to contract changes are materials, quantities, unit prices, labor costs associated with field and office supervision FOR FURTHER INFORMATION CONTACT: (separated into trades), construction and are considered to be included in the Elizabeth A. Gross, Attorney, U.S. equipment, etc. Labor costs shall be Contractor’s overhead and/or fee percentage. Department of Transportation, Federal identified with specific material placed or (2) Where the Contractor’s or Railroad Administration, Office of Chief operation performed. subcontractor’s portion of a change involves Counsel; telephone: 202–493–1342; (3) Proposals shall be submitted to the credit items, such items must be deducted email: [email protected]. Contracting Officer or ACO and the resident prior to adding overhead and profit for the engineer as expeditiously as possible, but not SUPPLEMENTARY INFORMATION: On August later than [fill-in] calendar days, after receipt party performing the work. The Contractor’s 12, 2016, FRA published a final rule of a written change order by the Contracting fee is limited to the net increase to Contractor requiring commuter and intercity Officer. or subcontractors’ portions of cost computed passenger railroads to develop and (4) Proposals shall be signed by each in accordance with this clause. implement an SSP to improve the safety subcontractor participating in the change. (3) Where a change involves credit items of their operations. See 81 FR 53850. On (5) The Contracting Officer will consider only, a proper measure of the amount of February 10, 2017, FRA stayed the SSP issuing a settlement by determination to the downward adjustment in the contract price is final rule’s requirements until March 21, contract if the Contractor’s proposal required the reasonable cost to the Contractor if it had by paragraph (a)(3) of this clause is not 2017, consistent with the new performed the deleted work. A reasonable Administration’s guidance issued received within the time period specified in allowance for overhead and profit are paragraph (a)(3), or if agreement has not been January 20, 2017, intended to provide properly includable as part of the downward reached. the Administration an adequate adjustment for a deductive change. The (b) Paragraphs (a)(1) through (5) of this opportunity to review new and pending amount of such allowance is subject to clause and the following paragraphs (b)(1) regulations. See 82 FR 10443 (Feb. 13, negotiation. and (2) apply to proposals for changes in the 2017). To provide additional time for work $500,000 or less: (End of clause) that review, FRA extended the stay until (1) As a basis for negotiation, allowances [FR Doc. 2019–18524 Filed 8–29–19; 8:45 am] not to exceed 10 percent each for overhead May 22, 2017, June 5, 2017, December and profit for the party performing the work BILLING CODE 8320–01–P 4, 2017, December 4, 2018, and then will be based on the value of labor, material, September 4, 2019. See 82 FR 14476 and equipment required to accomplish the (Mar. 21, 2017); 82 FR 23150 (May 22, change. As the value of the change increases, 2017); 82 FR 26359 (June 7, 2017); 82 FR
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56744 (Nov. 30, 2017), and 83 FR 63106 meeting was necessary for FRA to implement the rule immediately. No (Dec. 7, 2018). The provisions in part receive input from industry and the other commenters responded to FRA’s 270 were adopted on August 12, 2016, public, and to discuss potential paths request for comment on a proposed stay for the purposes of 49 U.S.C. 20119(b). forward to respond to the Petitions prior extension. That adoption was unaffected by the to FRA taking final action. During the FRA has considered Amtrak’s subsequent stays. meeting, a representative from the comment opposing extension of the stay FRA’s review included petitions for Oregon Department of Transportation in light of Amtrak’s central role in the reconsideration of the SSP final rule asked whether the SSP final rule would Nation’s passenger rail system. (Petitions). Various rail labor be further stayed pending FRA’s Nevertheless, given the number of organizations (Labor Organizations) development of a response to the comments received in response to the filed a single joint petition.1 State and Petitions and public input received at SSP NPRM, the importance of the issues local transportation departments and the meeting. An FRA representative discussed therein, the lack of opposition authorities (States) filed the three other indicated that he anticipated a further to the stay from all commenters except petitions, one of which was a joint stay of the rule to provide time to Amtrak, and FRA’s interest in petition (State Joint Petition).2 The State resolve the issues raised by the addressing the issues raised in the Joint Petition requested that FRA stay petitions. None of the meeting petitions through notice and comment the SSP final rule, and NCDOT participants expressed opposition to a rulemaking prior to requiring full specifically requested that FRA stay the further stay. See generally FRA–2011– compliance with the SSP final rule, FRA rule while FRA was considering the 0060–0046. believes it appropriate to extend the stay petitions. All Petitions were available In response to draft rule text FRA of the rule an additional six months for public comment in the docket for the presented for discussion during the until March 4, 2020. Extending the stay SSP rulemaking. On November 15, RSAC meeting, the States indicated they should provide FRA adequate time to 2016, the Massachusetts Department of would need an extended caucus to review comments responding to NPRM Transportation (MassDOT) submitted a discuss. On March 16, 2018, the and to issue a final rule in that comment supporting the State Joint Executive Committee of the States for proceeding. Petition, also asking FRA to stay the SSP Passenger Rail Coalition (SPRC) 4 final rule. FRA did not receive any provided, and FRA uploaded to the Regulatory Impact and Notices public comments opposing the States’ rulemaking docket, proposed revisions Executive Orders 12866 and 13771, and requests for a stay. to the draft rule text. See FRA–2011– DOT Regulatory Policies and Procedures On October 30, 2017, FRA met with 0060–0050. FRA reviewed and the Passenger Safety Working Group considered these suggested revisions in This final rule is a non-significant and the System Safety Task Group of the formulating its proposed response to the deregulatory action within the meaning Railroad Safety Advisory Committee petitions for reconsideration. of Executive Order 12866 and DOT (RSAC) to discuss the Petitions and On June 12, 2019, FRA published a policies and procedures. See 44 FR comments received in response to the notice of proposed rulemaking (NPRM) 11034 (Feb. 26, 1979). The final rule is Petitions.3 FRA specifically invited its that proposed certain amendments considered an Executive Order 13771 State partners to this meeting, which responding to the petitions for deregulatory action. Details on the was also open to the public. This reconsideration. See 84 FR 27215 (June estimated cost savings are below. 12, 2019). In the NPRM, FRA In August 2016, FRA issued the 1 The labor organizations that filed the joint specifically requested public comment System Safety Program final rule (2016 petition are: The American Train Dispatchers on a proposed stay extension to allow Final Rule) as part of its efforts to Association (ATDA), Brotherhood of Locomotive continuously improve rail safety and to Engineers and Trainmen (BLET), Brotherhood of FRA time to review any comments on Maintenance of Way Employes Division (BMWED), the NPRM and issue a final rule. Id. at satisfy the statutory mandate in sections the Brotherhood of Railroad Signalmen (BRS), 27216. The deadline for submitting 103 and 109 of the Rail Safety Brotherhood Railway Carmen Division (TCU/IAM), written comments on the NPRM was Improvement Act of 2008. The 2016 and Transport Workers Union of America (TWU). Final Rule requires passenger railroads 2 The Capitol Corridor Joint Powers Authority August 12, 2019. (CCJPA), Indiana Department of Transportation FRA received thirteen comments in to establish a program that (INDOT), Northern New England Passenger Rail response to the NPRM.5 Comments from systematically evaluates railroad safety Authority (NNEPRA), and San Joaquin Joint Powers NCDOT, MassDOT, and CTDOT risks and manages those risks with the Authority (SJJPA) filed a joint petition (Joint goal of reducing the number and rates Petition). The North Carolina Department of supported extending the stay, with Transportation (NCDOT) and State of Vermont NCDOT specifically requesting that FRA of railroad accidents, incidents, injuries, Agency of Transportations (VTrans) each filed stay implementation of the rule until and fatalities. Paperwork requirements separate petitions. are the largest burden of the 2016 Final 3 ‘‘all applicable administrative and Attendees at the October 30, 2017, meeting judicial processes are completed.’’ FRA Rule. included representatives from the following FRA believes that this final rule, organizations: ADS System Safety Consulting, LLC; received one comment objecting to American Association of State Highway and extending the stay from Amtrak, which which will stay the requirements of the Transportation Officials (AASHTO); American urged FRA to lift the stay and 2016 Final Rule until March 4, 2020, Public Transportation Association (APTA); will reduce regulatory burden on the American Short Line and Regional Railroad Association (ASLRRA); ATDA; Association of 4 SPRC’s website indicates it is an ‘‘alliance of railroad industry. By staying the American Railroads (AAR); BLET; BMWED; BRS; State and Regional Transportation Officials,’’ and requirements of the 2016 Final Rule, CCJPA; The Fertilizer Institute; Gannett Fleming each State petitioner appears to be an SPRC railroads will realize a cost savings as Transit and Rail Systems; International Brotherhood member. See https://www.s4prc.org/state-programs. railroads will not sustain any costs of Electrical Workers; Metropolitan Transportation 5 Comments were submitted by AAR, Amtrak, Authority (MTA); National Railroad Passenger APTA, CCJPA (jointly with INDOT, Los Angeles- during the first six months of this Corporation (Amtrak); National Transportation San Diego-San Luis Obispo Rail Corridor Agency, analysis. In addition, because this Safety Board (NTSB); NCDOT; NNEPRA; San and SJJPA), the Connecticut Department of analysis discounts future costs and this Joaquin Regional Rail Commission/Altamont Transportation (CTDOT), MassDOT, Massachusetts final rule will move forward all costs by Corridor Express; Sheet Metal, Air, Rail, and Bay Transportation Authority, NCDOT, NNEPRA Transportation Workers (SMART); and United (jointly with the State of Maine Department of six months, the present value costs of States Department of Transportation— Transportation), SPRC, VTrans, Washington this stay will lower the present value Transportation Safety Institute. Department of Transportation, and one individual. cost of the SSP rulemaking. FRA
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estimates this cost savings to be table shows the 2016 Final Rule’s total cost savings from the additional six- approximately $170,618, at a 3-percent cost, delayed an additional six months month implementation date delay. discount rate, and $164,240, at a 7- past the 2019 stay extension, the percent discount rate. The following implementation date total costs, and the
Present Present value (7%) value (3%)
2016 Final Rule, total cost ...... $2,327,223 $3,412,649 Cost savings from six-month delay ...... 164,240 170,618 2016 Final Rule, total cost with cost savings from six-month delay ...... 2,162,983 3,242,031
Regulatory Flexibility Act and Executive forth in 49 CFR 1201.1–1, which is $20 contained in the SSP final rule were Order 13272 million or less in inflation-adjusted approved by OMB on October 5, 2016. The Regulatory Flexibility Act of annual revenues, and commuter The information collection requirements 1980, 5 U.S.C. 601 et seq., and Executive railroads or small governmental thereby became effective when they Order 13272, 67 FR 53461 (Aug. 16, jurisdictions that serve populations of were approved by OMB. The OMB 2002), require agency review of 50,000 or less. See 68 FR 24891 (May 9, approval number is OMB No. 2130– proposed and final rules to assess their 2003), codified at appendix C to 49 CFR 0599, and OMB approval expires on impact on small entities. An agency part 209. The $20-million limit is based October 31, 2019. must prepare an Initial Regulatory on the Surface Transportation Board’s Federalism Implications Flexibility Analysis unless it determines revenue threshold for a Class III Executive Order 13132, ‘‘Federalism’’ and certifies that a rule, if promulgated, railroad. Railroad revenue is adjusted (64 FR 43255, Aug. 10, 1999), requires would not have a significant economic for inflation by applying a revenue FRA to develop an accountable process impact on a substantial number of small deflator formula in accordance with 49 entities. Pursuant to the Regulatory CFR 1201.1–1. FRA is using this to ensure ‘‘meaningful and timely input Flexibility Act of 1980, 5 U.S.C. 605(b), definition for this rulemaking. by State and local officials in the the FRA Administrator certifies that this For purposes of this analysis, this development of regulatory policies that final rule will not have a significant final rule will apply to 31 commuter or have federalism implications.’’ ‘‘Policies economic impact on a substantial other short-haul passenger railroads and that have federalism implications’’ are number of small entities. two intercity passenger railroads, defined in the Executive Order to This final rule will affect passenger Amtrak and the Alaska Railroad include regulations that have railroads, but will have a beneficial Corporation (ARC). Neither is ‘‘substantial direct effects on the States, effect, lessening the burden on any considered a small entity. Amtrak serves on the relationship between the national small railroad. populations well in excess of 50,000, government and the States, or on the ‘‘Small entity’’ is defined in 5 U.S.C. and the ARC is owned by the State of distribution of power and 601 as including a small business Alaska, which has a population well in responsibilities among the various concern that is independently owned excess of 50,000. levels of government.’’ Under Executive and operated, and is not dominant in its Based on the definition of ‘‘small Order 13132, the agency may not issue field of operation. The U.S. Small entity,’’ only one passenger railroad is a regulation with federalism Business Administration (SBA) has considered a small entity: The Hawkeye implications that imposes substantial authority to regulate issues related to Express (operated by the Iowa Northern direct compliance costs and that is not small businesses, and stipulates in its Railway Company). As the final rule is required by statute, unless the Federal size standards that a ‘‘small entity’’ in not significant, this final rule will government provides the funds the railroad industry is a for profit merely provide this entity with necessary to pay the direct compliance ‘‘linehaul railroad’’ that has fewer than additional compliance time without costs incurred by State and local 1,500 employees, a ‘‘short line railroad’’ introducing any additional burden. governments or the agency consults with fewer than 1,500 employees, or a Pursuant to the Regulatory Flexibility with State and local government ‘‘commuter rail system’’ with annual Act, 5 U.S.C. 601(b), the FRA officials early in the process of receipts of less than $15.0 million Administrator hereby certifies that this developing the regulation. Where a dollars. See ‘‘Size Eligibility Provisions final rule will not have a significant regulation has federalism implications and Standards,’’ 13 CFR part 121, economic impact on a substantial and preempts State law, the agency subpart A. Additionally, 5 U.S.C. 601(5) number of small entities. A substantial seeks to consult with State and local defines as ‘‘small entities’’ governments number of small entities may be officials in the process of developing the of cities, counties, towns, townships, impacted by this regulation; however, regulation. villages, school districts, or special any impact will be minimal and This final rule has been analyzed in districts with populations less than positive. accordance with the principles and 50,000. Federal agencies may adopt criteria contained in Executive Order their own size standards for small Paperwork Reduction Act 13132. FRA has determined that this entities, in consultation with SBA and There are no new collection of rule does not have substantial direct in conjunction with public comment. information requirements contained in effects on the States, on the relationship Pursuant to that authority, FRA has this final rule and, in accordance with between the national government and published a final statement of agency the Paperwork Reduction Act of 1995, the States, or on the distribution of policy that formally establishes ‘‘small 44 U.S.C. 3501 et seq., an information power and responsibilities among the entities’’ or ‘‘small businesses’’ as being collection submission to the Office of various levels of government. In railroads, contractors, and hazardous Management and Budget (OMB) is not addition, FRA has determined that this materials shippers that meet the revenue required. The record keeping and rule does not impose substantial direct requirements of a Class III railroad as set reporting requirements already compliance costs on State and local
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governments. Therefore, the of Energy Effects for any ‘‘significant ADDRESSES: A copy of this final rule, consultation and funding requirements energy action.’’ 66 FR 28355 (May 22, published in the Federal Register (FR), of Executive Order 13132 do not apply. 2001). FRA has evaluated this rule in is available for inspection and copying accordance with Executive Order 13211 in the NTSB’s public reading room, Environmental Assessment and has determined that this regulatory located at 490 L’Enfant Plaza SW, FRA has evaluated this rule in action is not a ‘‘significant energy Washington, DC 20594–2003. accordance with its ‘‘Procedures for action’’ within the meaning of Executive Alternatively, a copy is available on the Considering Environmental Impacts’’ Order 13211. government-wide website on regulations (FRA’s Procedures) (64 FR 28545, May Executive Order 13783, ‘‘Promoting at http://www.regulations.gov (Docket 26, 1999) as required by the National Energy Independence and Economic ID Number NTSB–GC–2019–0001). Environmental Policy Act (42 U.S.C. Growth,’’ requires Federal agencies to FOR FURTHER INFORMATION CONTACT: 4321 et seq.), other environmental review regulations to determine whether Kathleen Silbaugh, General Counsel, statutes, Executive Orders, and related they potentially burden the (202) 314–6080 or [email protected]. regulatory requirements. FRA has development or use of domestically SUPPLEMENTARY INFORMATION: determined that this rule is not a major produced energy resources, with FRA action (requiring the preparation of particular attention to oil, natural gas, I. Background an environmental impact statement or coal, and nuclear energy resources. See Currently, the NTSB may impose a environmental assessment) because it is 82 FR 16093 (Mar. 31, 2017). FRA categorically excluded from detailed civil penalty up to $1,617 on a person determined this regulatory action will who violates 49 U.S.C. 1132 (Civil environmental review pursuant to not burden the development or use of section 4(c)(20) of FRA’s Procedures. aircraft accident investigations), 1134(b) domestically produced energy (Inspection, testing, preservation, and See 64 FR 28547, May 26, 1999. resources. In accordance with section 4(c) and moving of aircraft and parts), 1134(f)(1) (e) of FRA’s Procedures, the agency has List of Subjects in 49 CFR Part 270 (Autopsies), or 1136(g) (Prohibited actions when providing assistance to further concluded that no extraordinary Penalties, Railroad safety, Reporting circumstances exist with respect to this families of passengers involved in and recordkeeping requirements, aircraft accidents). 49 CFR 831.15. regulation that might trigger the need for System safety. a more detailed environmental review. The current maximum penalty As a result, FRA finds that this rule is The Rule amount was calculated after the passage not a major Federal action significantly of the Federal Civil Penalties Inflation In consideration of the foregoing, FRA Adjustment Act Improvements Act of affecting the quality of the human extends the stay of the SSP final rule environment. 2015 (the 2015 Act), which required published August 12, 2016 (81 FR agencies to: (1) Adjust the level of civil Unfunded Mandates Reform Act of 1995 53850) until March 4, 2020. monetary penalties with an initial Pursuant to section 201 of the Authority: 49 U.S.C. 20103, 20106–20107, ‘‘catch-up’’ adjustment through an Unfunded Mandates Reform Act of 1995 20118–20119, 20156, 21301, 21304, 21311; interim final rulemaking (IFR); and (2) 28 U.S.C. 2461, note; and 49 CFR 1.89. (Pub. L. 104–4, 2 U.S.C. 1531), each make subsequent annual adjustment for Federal agency shall, unless otherwise Issued in Washington, DC. inflation by January 15th every year. prohibited by law, assess the effects of Ronald Louis Batory, OMB, M–16–06, Implementation of the Federal regulatory actions on State, Administrator. Federal Civil Penalties Inflation local, and tribal governments, and the [FR Doc. 2019–18789 Filed 8–29–19; 8:45 am] Adjustment Act Improvements Act of private sector (other than to the extent BILLING CODE 4910–06–P 2015 (Feb. 24, 2016). that such regulations incorporate At the time of the 2015 Act, the requirements specifically set forth in maximum civil penalty amount had been $1,000. 49 U.S.C. 1155. Pursuant to law). Section 202 of the Act (2 U.S.C. NATIONAL TRANSPORTATION the 2015 Act, the NTSB issued an IFR 1532) further requires that before SAFETY BOARD promulgating any general notice of on October 12, 2017 that calculated the proposed rulemaking that is likely to 49 CFR Part 831 agency’s catch-up adjustment and its result in the promulgation of any rule 2017 annual inflation adjustment. Civil that includes any Federal mandate that [Docket No.: NTSB–GC–2019–0001] Monetary Catch Up Inflation Adjustment and Annual Inflation may result in expenditure by State, RIN 3147–AA21 local, and tribal governments, in the Adjustment, 82 FR 47401 (Oct. 12, aggregate, or by the private sector, of Civil Monetary Penalty Annual Inflation 2017). The catch-up adjustment $100,000,000 or more (adjusted Adjustment increased the original maximum penalty annually for inflation) in any 1 year, and from $1,000 to $1,591. And the 2017 before promulgating any final rule for AGENCY: National Transportation Safety annual adjustment increased the which a general notice of proposed Board (NTSB). maximum civil penalty from $1,591 to rulemaking was published, the agency ACTION: Final rule. $1,617. While the IFR stated that the shall prepare a written statement maximum civil penalty would be detailing the effect on State, local, and SUMMARY: Pursuant to the Federal Civil adjusted for inflation by January 15, tribal governments and the private Penalties Inflation Adjustment Act 2018, the agency did not publish sector. This final rule will not result in Improvements Act of 2015, this final subsequent annual inflation such an expenditure, and thus rule provides the 2018 and 2019 adjustments. preparation of such a statement is not adjustments to the civil penalties that The Office of Management and Budget required. the NTSB may assess against a person (OMB) has since published updated for violating certain NTSB statutes and guidance for Fiscal Years 2018 and Energy Impact regulations. 2019. OMB, M–19–04, Implementation Executive Order 13211 requires DATES: This final rule is effective on of Penalty Inflation Adjustments for Federal agencies to prepare a Statement August 30, 2019. 2019, Pursuant to the Federal Civil
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Penalties Inflation Adjustment Act adjustment for inflation will be Accordingly, for the reasons stated in Improvements Act of 2015 (Dec. 14, calculated by January 15, 2020. the Preamble, the NTSB amends 49 CFR 2018); OMB, M–18–03, Implementation part 831, as follows: III. Regulatory Analysis of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil The Office of Information and PART 831—INVESTIGATION Penalties Inflation Adjustment Act Regulatory Affairs (OIRA) Administrator PROCEDURES has determined agency regulations that Improvements Act of 2015 (Dec. 15, ■ 2017). Accordingly, this final rule exclusively implement the annual 1. The authority citation for part 831 reflects the NTSB’s 2018 and 2019 adjustment are consistent with OMB’s continues to read as follows: annual inflation adjustments, which annual guidance, and have an annual Authority: 49 U.S.C. 1113(f). were due on January 15, 2018 and impact of less than $100 million are Section 831.15 also issued under Pub. L. January 15, 2019, respectively. This generally not significant regulatory 101–410, 104 Stat. 890, amended by Pub. L. final rule updates the maximum civil actions under Executive Order (E.O.) 114–74, sec. 701, 129 Stat. 584 (28 U.S.C. 2461 note). penalty established by the October 12, 12866. OMB, M–19–04, Implementation 2017 IFR. of Penalty Inflation Adjustments for § 831.15 [Amended] No violations will be assessed at the 2019, Pursuant to the Federal Civil ■ 2. Amend § 831.15 by removing the 2018 inflation adjustment amount. Penalties Inflation Adjustment Act dollar amount ‘‘$1,617’’ and add in its Nevertheless, the 2018 adjustment was Improvements Act of 2015 (Dec. 14, place ‘‘$1,692’’. used to calculate the 2019 maximum 2018). An assessment of its potential penalty amount, which ultimately costs and benefits under E.O. 12866, Robert L. Sumwalt, III, increased the maximum civil penalty Regulatory Planning and Review and Chairman. from $1,617 to $1,692. E.O. 13563, Improving Regulation and [FR Doc. 2019–18780 Filed 8–29–19; 8:45 am] II. The 2018 and 2019 Annual Regulatory Review is not required BILLING CODE 7533–01–P Adjustments because this final rule is not a ‘‘significant regulatory action.’’ The 2018 and 2019 annual Likewise, this rule does not require DEPARTMENT OF COMMERCE adjustments are calculated by analyses under the Unfunded Mandates multiplying the applicable maximum Reform Act of 1995 and E.O. 13771, National Oceanic and Atmospheric civil penalty amount by the cost-of- Reducing Regulation and Controlling Administration living adjustment multiplier, which is Regulatory Costs because this final rule based on the Consumer Price Index is nonsignificant. 50 CFR Part 622 (CPI–U), and rounding to the nearest The NTSB does not anticipate this dollar. OMB, M–19–04, Implementation rule will have a substantial direct effect [Docket No. 160426363–7275–02] of Penalty Inflation Adjustments for on state government or will preempt RIN 0648–XS010 2019, Pursuant to the Federal Civil state law. Accordingly, this rule does Penalties Inflation Adjustment Act not have implications for federalism Coastal Migratory Pelagic Resources Improvements Act of 2015 (Dec. 14, under E.O. 13132, Federalism. of the Gulf of Mexico and Atlantic 2018); OMB, M–18–03, Implementation This NTSB also evaluated this rule Region; Commercial Trip Limit of Penalty Inflation Adjustments for under E.O. 13175, Consultation and Reduction for King Mackerel in the 2018, Pursuant to the Federal Civil Coordination with Indian Tribal Atlantic Southern Zone Penalties Inflation Adjustment Act Governments. The agency has Improvements Act of 2015 (Dec. 15, AGENCY: National Marine Fisheries concluded that this final rule will not Service (NMFS), National Oceanic and 2017). The OMB annually publishes have a substantial direct effect on one or guidance on the adjustment multiplier Atmospheric Administration (NOAA), more Indian tribes, on the relationship Commerce. to assist agencies in calculating the between the Federal Government and ACTION: mandatory annual adjustments for Indian tribes, or on the distribution of Temporary rule; trip limit inflation. power and responsibilities between the reduction. For the 2018 annual adjustment, the Federal Government and Indian tribes. SUMMARY: December 15, 2017 OMB annual NMFS reduces the The Paperwork Reduction Act of 1995 commercial trip limit for Atlantic guidance states that the cost-of-living is inapplicable because the final rule adjustment multiplier for 2018 is migratory group king mackerel (Atlantic imposes no new information reporting king mackerel) in or from Federal waters 1.02041. Multiplying $1,617 (the 2017 or recordkeeping necessitating clearance inflation adjustment amount) by in the Atlantic southern zone off the by OMB. Florida east coast between the border of 1.02041 equals $1,650.00297, which The Regulatory Flexibility Act of 1980 rounded to the nearest dollar equals Flagler and Volusia Counties and the does not apply because, as a final rule, border of Miami-Dade and Monroe $1,650. As explained above, no this action is not subject to prior notice violations will be assessed at this Counties to 50 fish per day. This and comment. See 5 U.S.C. 604(a). commercial trip limit reduction is amount. The NTSB has concluded that this For the 2019 adjustment, the necessary to protect the Atlantic king final rule neither violates nor requires mackerel resource. December 14, 2018 OMB annual further consideration under the DATES: guidance states that the CPI–U aforementioned Executive Orders and This temporary rule is effective multiplier for 2019 is 1.02522. acts. from September 1, 2019, through Multiplying $1,650 (the 2018 inflation September 30, 2019. adjustment amount) by 1.02522 equals List of Subjects in 49 CFR Part 831 FOR FURTHER INFORMATION CONTACT: $1,691.613, which rounded to the Aircraft accidents, Aircraft incidents, Mary Vara, NMFS Southeast Regional nearest dollar equals $1,692. This Aviation safety, Hazardous materials Office, telephone: 727–824–5305, email: updated maximum penalty applies only transportation, Highway safety, [email protected]. to civil penalties assessed after the Investigations, Marine safety, Pipeline SUPPLEMENTARY INFORMATION: The effective date of this final rule. The next safety, Railroad safety. fishery for coastal migratory pelagic fish
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includes king mackerel, Spanish that 75 percent of the commercial quota harvest of the commercial quota under mackerel, and cobia in the Gulf of in the Atlantic southern zone specified the greater trip limit. Prior notice and Mexico and off the east coast of Florida, in 50 CFR 622.384(b)(2)(ii)(A) has been opportunity for public comment would and is managed under the Fishery harvested, then the commercial trip require time and could potentially result Management Plan for the Coastal limit for king mackerel in or from this in a harvest in excess of the established Migratory Pelagic Resources of the Gulf area that may be possessed on board or commercial quota. of Mexico and Atlantic Region (FMP). landed from a federally permitted vessel For the aforementioned reasons, the The FMP was prepared by the Gulf of is reduced to 50 fish per day (50 CFR AA also finds good cause to waive the Mexico and South Atlantic Fishery 622.385(a)(1)(ii)(B)). 30-day delay in effectiveness of this Management Councils and is NMFS has determined that for the action, pursuant to 5 U.S.C. 553(d)(3). 2019–2020 fishing year, 75 percent of implemented by NMFS under the Authority: 16 U.S.C. 1801 et seq. authority of the Magnuson-Stevens the March 1 through the September 30 Fishery Conservation and Management commercial quota for Atlantic king Dated: August 27, 2019. Act (Magnuson-Stevens Act) by mackerel in the southern zone will be Jennifer M. Wallace, regulations at 50 CFR part 622. All harvested by September 1, 2019. Acting Director, Office of Sustainable weights described for Atlantic migratory Accordingly, a 50-fish commercial trip Fisheries, National Marine Fisheries Service. group king mackerel (Atlantic king limit applies to vessels fishing for king [FR Doc. 2019–18797 Filed 8–27–19; 4:15 pm] mackerel) apply as either round or mackerel in or from Federal waters BILLING CODE 3510–22–P gutted weight. south of 29°25′ N lat. and north of On April 11, 2017, NMFS published 25°20′24″ N lat. off the east coast of a final rule to implement Amendment Florida in the Atlantic southern zone DEPARTMENT OF COMMERCE 26 to the FMP in the Federal Register effective from September 1, 2019, (82 FR 17387). Among other measures, through September 30, 2019. On National Oceanic and Atmospheric that final rule adjusted the management October 1, 2019, the new seasonal Administration boundaries, zones, and annual catch commercial quota will be in effect and limits for Atlantic king mackerel. The a commercial trip limit of 50 fish will 50 CFR Part 679 commercial quota for Atlantic king continue for this area. [Docket No. 180831813–9170–02] mackerel in the southern zone is Classification 3,617,120 lb (1,640,698 kg) for the RIN 0648–XG996 current fishing year, March 1, 2019, The Regional Administrator for the Fisheries of the Exclusive Economic through February 29, 2020 (50 CFR NMFS Southeast Region has determined Zone Off Alaska; Sablefish in the 622.384(b)(2)(ii)). The seasonal quotas this temporary rule is necessary for the Central Regulatory Area of the Gulf of in the southern zone are 2,170,272 lb conservation and management of Alaska (984,419 kg) for the period March 1 Atlantic king mackerel and is consistent through September 30 (50 CFR with the Magnuson-Stevens Act and AGENCY: National Marine Fisheries 622.384(b)(2)(ii)(A)), and 1,446,848 lb other applicable laws. Service (NMFS), National Oceanic and (656,279 kg) for October 1 through the This action is taken under 50 CFR Atmospheric Administration (NOAA), end of February (50 CFR 622.385(a)(1)(ii)(B) and is exempt from Commerce. review under Executive Order 12866. 622.384(b)(2)(ii)(B)). ACTION: Temporary rule; closure. The southern zone for Atlantic king These measures are exempt from the mackerel encompasses an area of procedures of the Regulatory Flexibility SUMMARY: NMFS is prohibiting retention Federal waters south of a line extending Act, because the temporary rule is of sablefish by vessels using trawl gear from the state border of North Carolina issued without opportunity for prior and not participating in the cooperative and South Carolina, as specified in 50 notice and comment. fishery of the Rockfish Program in the This action responds to the best CFR 622.2, and north of a line extending Central Regulatory Area of the Gulf of scientific information available. The due east from the border of Miami-Dade Alaska (GOA). This action is necessary Assistant Administrator for NOAA and Monroe Counties, Florida (50 CFR because the 2019 total allowable catch Fisheries (AA) finds that the need to 622.369(a)(2)(ii)). The area of the of sablefish allocated to vessels using immediately implement this southern zone in which this temporary trawl gear and not participating in the commercial trip limit reduction rule applies is in Federal waters south cooperative fishery of the Rockfish ° ′ constitutes good cause to waive the of 29 25 N lat., which is a line that Program in the Central Regulatory Area requirements to provide prior notice extends due east from the border of of the GOA has been reached. Flagler and Volusia Counties, Florida, and opportunity for public comment DATES: Effective 1200 hours, Alaska and north of 25°20′24′ N lat., which is pursuant to the authority set forth in 5 local time (A.l.t.), August 28, 2019, a line that extends due east from the U.S.C. 553(b)(B), because prior notice through 2400 hours, A.l.t., December 31, border of Miami-Dade and Monroe and opportunity for public comment on 2019. Counties, Florida (50 CFR this temporary rule is unnecessary and 622.385(a)(1)(ii)). contrary to the public interest. Such FOR FURTHER INFORMATION CONTACT: Josh From April 1 through September 30, procedures are unnecessary because the Keaton, 907–586–7228. the commercial trip limit for Atlantic rule establishing the commercial trip SUPPLEMENTARY INFORMATION: NMFS king mackerel in Federal waters off the limits has already been subject to notice manages the groundfish fishery in the east coast of Florida between the border and comment, and all that remains is to GOA exclusive economic zone of Flagler and Volusia Counties, and the notify the public of the trip limit according to the Fishery Management border of Miami-Dade and Monroe reduction. Such procedures are contrary Plan for Groundfish of the Gulf of Counties that may be possessed on to the public interest because of the Alaska (FMP) prepared by the North board or landed from a federally need to immediately implement this Pacific Fishery Management Council permitted vessel is 75 fish per day (50 action to protect the Atlantic king under authority of the Magnuson- CFR 622.385(a)(1)(ii)(B)). However, if mackerel stock. The capacity of the Stevens Fishery Conservation and during this period NMFS determines fishing fleet allows for more rapid Management Act. Regulations governing
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fishing by U.S. vessels in accordance as prohibited species in accordance fishery of the Rockfish Program in the with the FMP appear at subpart H of 50 with § 679.21(b). This closure does not Central Regulatory Area of the GOA. CFR part 600 and 50 CFR part 679. apply to fishing by vessels participating NMFS was unable to publish a notice The 2019 total allowable catch (TAC) in the cooperative fishery of the providing time for public comment of sablefish allocated to vessels using Rockfish Program for the Central because the most recent, relevant data trawl gear and not participating in the Regulatory Area of the GOA. only became available as of August 26, cooperative fishery of the Rockfish 2019. Program in the Central Regulatory Area Classification The AA also finds good cause to of the GOA is 503 metric tons (mt) as This action responds to the best waive the 30-day delay in the effective established by the final 2019 and 2020 available information recently obtained date of this action under 5 U.S.C. harvest specifications for groundfish of from the fishery. The Assistant 553(d)(3). This finding is based upon the GOA (84 FR 9416, March 14, 2019). Administrator for Fisheries, NOAA In accordance with § 679.20(d)(2), the (AA), finds good cause to waive the the reasons provided above for waiver of Administrator, Alaska Region, NMFS requirement to provide prior notice and prior notice and opportunity for public (Regional Administrator), has opportunity for public comment comment. determined that the 2019 TAC of pursuant to the authority set forth at 5 This action is required by §§ 679.20 sablefish allocated to vessels using trawl U.S.C. 553(b)(B) as such requirement is and 679.21 and is exempt from review gear and not participating in the impracticable and contrary to the public under Executive Order 12866. cooperative fishery of the Rockfish interest. This requirement is Authority: 16 U.S.C. 1801 et seq. Program in the Central Regulatory Area impracticable and contrary to the public of the GOA will be reached. Therefore, interest as it would prevent NMFS from Dated: August 27, 2019. NMFS is requiring that sablefish caught responding to the most recent fisheries Jennifer M. Wallace, by vessels using trawl gear and not data in a timely fashion and would Acting Director, Office of Sustainable participating in the cooperative fishery delay prohibiting the retention of Fisheries, National Marine Fisheries Service. of the Rockfish Program in the Central sablefish by vessels using trawl gear and [FR Doc. 2019–18811 Filed 8–27–19; 4:15 pm] Regulatory Area of the GOA be treated not participating in the cooperative BILLING CODE 3510–22–P
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Proposed Rules Federal Register Vol. 84, No. 169
Friday, August 30, 2019
This section of the FEDERAL REGISTER For the material identified in this www.regulations.gov, including any contains notices to the public of the proposed proposed AD that will be incorporated personal information you provide. The issuance of rules and regulations. The by reference (IBR), contact the EASA, at FAA will also post a report purpose of these notices is to give interested Konrad-Adenauer-Ufer 3, 50668 summarizing each substantive verbal persons an opportunity to participate in the Cologne, Germany; phone: +49 221 contact the agency receives about this rule making prior to the adoption of the final rules. 89990 1000; email: ADs@ NPRM. easa.europa.eu; internet: Discussion www.easa.europa.eu. You may find this DEPARTMENT OF TRANSPORTATION IBR material on the EASA website at The EASA, which is the Technical https://ad.easa.europa.eu. You may Agent for the Member States of the Federal Aviation Administration view this IBR material at the FAA, European Union, has issued EASA AD Transport Standards Branch, 2200 2018–0155, dated July 20, 2018 (‘‘EASA 14 CFR Part 39 South 216th St., Des Moines, WA. For AD 2018–0155’’) (also referred to as the information on the availability of this Mandatory Continuing Airworthiness [Docket No. FAA–2019–0667; Product material at the FAA, call 206–231–3195. Information, or ‘‘the MCAI’’), to correct Identifier 2019–NM–085–AD] It is also available in the AD docket on an unsafe condition for certain Airbus RIN 2120–AA64 the internet at http:// SAS Model A320–214, –216, –232, and www.regulations.gov by searching for –233 airplanes. The MCAI states: Airworthiness Directives; Airbus SAS and locating Docket No. FAA–2019– A Zonal Safety review identified Airplanes 0667. previously undetected contacts between harnesses and the centre tank structure. AGENCY: Federal Aviation Examining the AD Docket Investigation determined that these contacts Administration (FAA), DOT. You may examine the AD docket on were introduced with a new harness routing ACTION: Notice of proposed rulemaking the internet at http:// upon installation of a common fuel quantity (NPRM). www.regulations.gov by searching for indicating system across A320 family and locating Docket No. FAA–2019– aeroplanes (Airbus mod 155636). SUMMARY: The FAA proposes to adopt a This condition, if not corrected, could 0667; or in person at Docket Operations new airworthiness directive (AD) for create, in case of lightning strike with chafing between 9 a.m. and 5 p.m., Monday certain Airbus SAS Model A320–214, present, an ignition source inside the centre through Friday, except Federal holidays. –216, –232, and –233 airplanes. This fuel tank, possibly resulting in a fuel tank The AD docket contains this NPRM, the proposed AD was prompted by a report explosion and consequent loss of the regulatory evaluation, any comments aeroplane. of undetected contacts between certain received, and other information. The To address this potential unsafe condition, harnesses of the common fuel quantity street address for Docket Operations is Airbus issued Service Bulletin (SB) A320– indicating system and the center tank listed above. Comments will be 92–1121 to provide instructions for structure. This proposed AD would available in the AD docket shortly after modification of the harnesses. require modification of the fasteners for For the reason described above, this receipt. certain harness routings, as specified in [EASA] AD requires modification of a European Aviation Safety Agency FOR FURTHER INFORMATION CONTACT: harnesses 17QT and 18QT of the common (EASA) AD, which will be incorporated Sanjay Ralhan, Aerospace Engineer, fuel quantity indicating system by by reference. The FAA is proposing this International Section, Transport introducing longer spacers and additional clamps. AD to address the unsafe condition on Standards Branch, FAA, 2200 South these products. 216th St., Des Moines, WA 98198; phone and fax: 206–231–3223. Related IBR Material Under 1 CFR Part DATES: The FAA must receive comments SUPPLEMENTARY INFORMATION: 51 on this proposed AD by October 15, EASA AD 2018–0155 describes 2019. Comments Invited procedures for modification of the ADDRESSES: You may send comments, The FAA invites you to send any fasteners for harness routings 17QT and using the procedures found in 14 CFR written relevant data, views, or 18QT. 11.43 and 11.45, by any of the following arguments about this proposal. Send This material is reasonably available methods: your comments to an address listed because the interested parties have • Federal eRulemaking Portal: Go to under the ADDRESSES section. Include access to it through their normal course http://www.regulations.gov. Follow the ‘‘Docket No. FAA–2019–0667; Product of business or by the means identified instructions for submitting comments. Identifier 2019–NM–085–AD’’ at the in the ADDRESSES section. • Fax: 202–493–2251. beginning of your comments. The FAA • Mail: U.S. Department of specifically invites comments on the FAA’s Determination and Requirements Transportation, Docket Operations, M– overall regulatory, economic, of This Proposed AD 30, West Building Ground Floor, Room environmental, and energy aspects of This product has been approved by W12–140, 1200 New Jersey Avenue SE, this NPRM. The FAA will consider all the aviation authority of another Washington, DC 20590. comments received by the closing date country, and is approved for operation • Hand Delivery: Deliver to Mail and may amend this NPRM based on in the United States. Pursuant to the address above between 9 a.m. and 5 those comments. FAA’s bilateral agreement with the State p.m., Monday through Friday, except The FAA will post all comments, of Design Authority, the FAA has been Federal holidays. without change, to http:// notified of the unsafe condition
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described in the MCAI referenced Explanation of Required Compliance identified as exceptions in the above. The FAA is proposing this AD Information regulatory text of this proposed AD. because the FAA evaluated all the Service information specified in EASA relevant information and determined In the FAA’s ongoing efforts to AD 2018–0155 that is required for the unsafe condition described improve the efficiency of the AD compliance with EASA AD 2018–0155 process, the FAA worked with Airbus previously is likely to exist or develop will be available on the internet at and EASA to develop a process to use in other products of the same type http://www.regulations.gov by searching design. certain EASA ADs as the primary source of information for compliance with for and locating Docket No. FAA–2019– Proposed AD Requirements requirements for corresponding FAA 0667 after the FAA final rule is This proposed AD would require ADs. As a result, EASA AD 2018–0155 published. accomplishing the actions specified in will be incorporated by reference in the Costs of Compliance EASA AD 2018–0155 described FAA final rule. This proposed AD previously, as incorporated by would, therefore, require compliance The FAA estimates that this proposed reference, except for any differences with the provisions specified in EASA AD affects 5 airplanes of U.S. registry. identified as exceptions in the AD 2018–0155, through that The FAA estimates the following costs regulatory text of this AD. incorporation, except for any differences to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
5 work-hours × $85 per hour = $425 ...... $200 $625 $3,125
Authority for This Rulemaking 13132. This proposed AD would not (a) Comments Due Date Title 49 of the United States Code have a substantial direct effect on the The FAA must receive comments by specifies the FAA’s authority to issue States, on the relationship between the October 15, 2019. rules on aviation safety. Subtitle I, national Government and the States, or (b) Affected ADs on the distribution of power and section 106, describes the authority of None. the FAA Administrator. Subtitle VII: responsibilities among the various Aviation Programs, describes in more levels of government. (c) Applicability detail the scope of the Agency’s For the reasons discussed above, I This AD applies to Airbus SAS Model authority. certify this proposed regulation: A320–214, -216, -232, and -233 airplanes, The FAA is issuing this rulemaking (1) Is not a ‘‘significant regulatory certificated in any category, as identified in action’’ under Executive Order 12866, European Aviation Safety Agency (EASA) AD under the authority described in 2018–0155, dated July 20, 2018 (‘‘EASA AD Subtitle VII, Part A, Subpart III, Section (2) Will not affect intrastate aviation 2018–0155’’). 44701: ‘‘General requirements.’’ Under in Alaska, and that section, Congress charges the FAA (3) Will not have a significant (d) Subject with promoting safe flight of civil economic impact, positive or negative, Air Transport Association (ATA) of aircraft in air commerce by prescribing on a substantial number of small entities America Code 92, Electrical system regulations for practices, methods, and under the criteria of the Regulatory installation. procedures the Administrator finds Flexibility Act. (e) Reason necessary for safety in air commerce. List of Subjects in 14 CFR Part 39 This AD was prompted by a report of This regulation is within the scope of undetected contacts between certain that authority because it addresses an Air transportation, Aircraft, Aviation harnesses of the common fuel quantity unsafe condition that is likely to exist or safety, Incorporation by reference, indicating system and the center tank develop on products identified in this Safety. structure. The FAA is issuing this AD to address undetected contacts between certain rulemaking action. The Proposed Amendment harnesses of the common fuel quantity This proposed AD is issued in indicating system and the center tank accordance with authority delegated by Accordingly, under the authority structure, which could create, in case of a the Executive Director, Aircraft delegated to me by the Administrator, lightning strike with chafing present, an Certification Service, as authorized by the FAA proposes to amend 14 CFR part ignition source inside the center fuel tank, FAA Order 8000.51C. In accordance 39 as follows: possibly resulting in a fuel tank explosion with that order, issuance of ADs is and consequent loss of the airplane. normally a function of the Compliance PART 39—AIRWORTHINESS DIRECTIVES (f) Compliance and Airworthiness Division, but during Comply with this AD within the this transition period, the Executive ■ 1. The authority citation for part 39 compliance times specified, unless already Director has delegated the authority to continues to read as follows: done. issue ADs applicable to transport (g) Requirements category airplanes and associated Authority: 49 U.S.C. 106(g), 40113, 44701. Except as specified in paragraph (h) of this appliances to the Director of the System § 39.13 [Amended] Oversight Division. AD: Comply with all required actions and ■ 2. The FAA amends § 39.13 by adding compliance times specified in, and in Regulatory Findings the following new airworthiness accordance with, EASA AD 2018–0155. The FAA determined that this directive (AD): (h) Exceptions to EASA AD 2018–0155 proposed AD would not have federalism Airbus SAS: Docket No. FAA–2019–0667; (1) For purposes of determining implications under Executive Order Product Identifier 2019–NM–085–AD. compliance with the requirements of this AD:
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Where EASA AD 2018–0155 refers to its Branch, FAA, 2200 South 216th St., Des For the material identified in this effective date, this AD requires using the Moines, WA 98198; phone and fax: 206–231– proposed AD that will be incorporated effective date of this AD. 3223. by reference (IBR), contact the EASA, at (2) The ‘‘Remarks’’ section of EASA AD Issued in Des Moines, Washington, on Konrad-Adenauer-Ufer 3, 50668 2018–0155 does not apply to this AD. August 22, 2019. Cologne, Germany; telephone +49 221 (i) Other FAA AD Provisions Suzanne Masterson, 89990 1000; email [email protected]; The following provisions also apply to this Acting Director, System Oversight Division, internet www.easa.europa.eu. You may AD: Aircraft Certification Service. find this IBR material on the EASA (1) Alternative Methods of Compliance [FR Doc. 2019–18761 Filed 8–29–19; 8:45 am] website at https://ad.easa.europa.eu. (AMOCs): The Manager, International BILLING CODE 4910–13–P You may view this IBR material at the Section, Transport Standards Branch, FAA, FAA, Transport Standards Branch, 2200 has the authority to approve AMOCs for this South 216th St., Des Moines, WA. For AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR DEPARTMENT OF TRANSPORTATION information on the availability of this 39.19, send your request to your principal material at the FAA, call 206–231–3195. inspector or local Flight Standards District Federal Aviation Administration It is also available in the AD docket on Office, as appropriate. If sending information the internet at http:// directly to the International Section, send it 14 CFR Part 39 www.regulations.gov by searching for to the attention of the person identified in [Docket No. FAA–2019–0610; Product and locating Docket No. FAA–2019– paragraph (j)(2) of this AD. Information may Identifier 2019–NM–094–AD] 0610. be emailed to: 9-ANM-116-AMOC- [email protected]. Before using any RIN 2120–AA64 Examining the AD Docket approved AMOC, notify your appropriate principal inspector, or lacking a principal Airworthiness Directives; Airbus SAS You may examine the AD docket on inspector, the manager of the local flight Airplanes the internet at http:// standards district office/certificate holding www.regulations.gov by searching for district office. AGENCY: Federal Aviation and locating Docket No. FAA–2019– (2) Contacting the Manufacturer: For any Administration (FAA), DOT. 0610; or in person at Docket Operations requirement in this AD to obtain instructions ACTION: Notice of proposed rulemaking between 9 a.m. and 5 p.m., Monday from a manufacturer, the instructions must (NPRM). through Friday, except Federal holidays. be accomplished using a method approved The AD docket contains this NPRM, the by the Manager, International Section, SUMMARY: The FAA proposes to adopt a Transport Standards Branch, FAA; or EASA; regulatory evaluation, any comments new airworthiness directive (AD) for received, and other information. The or Airbus SAS’s EASA Design Organization certain Airbus SAS Model A319–112, Approval (DOA). If approved by the DOA, street address for Docket Operations is the approval must include the DOA- A319–115, A319–132, A320–214, A320– listed above. Comments will be authorized signature. 216, A320–232, A320–233, A320–251N, available in the AD docket shortly after (3) Required for Compliance (RC): For any A320–271N, A321–211, A321–231, receipt. service information referenced in EASA AD A321–232, A321–251N, and A321–253N 2018–0155 that contains RC procedures and airplanes. This proposed AD was FOR FURTHER INFORMATION CONTACT: tests: Except as required by paragraph (i)(2) prompted by reports of finding Sanjay Ralhan, Aerospace Engineer, of this AD, RC procedures and tests must be container/galley end stop bumpers International Section, Transport done to comply with this AD; any procedures damaged in service. This proposed AD Standards Branch, FAA, 2200 South or tests that are not identified as RC are would require replacement of the 216th St., Des Moines, WA 98198; recommended. Those procedures and tests telephone and fax 206–231–3223. that are not identified as RC may be deviated affected bumpers with serviceable from using accepted methods in accordance bumpers, as specified in a European SUPPLEMENTARY INFORMATION: Union Aviation Safety Agency (EASA) with the operator’s maintenance or Comments Invited inspection program without obtaining AD, which will be incorporated by approval of an AMOC, provided the reference. The FAA is proposing this The FAA invites you to send any procedures and tests identified as RC can be AD to address the unsafe condition on written relevant data, views, or done and the airplane can be put back in an these products. arguments about this proposal. Send airworthy condition. Any substitutions or DATES: changes to procedures or tests identified as The FAA must receive comments your comments to an address listed RC require approval of an AMOC. on this proposed AD by October 15, under the ADDRESSES section. Include 2019. ‘‘Docket No. FAA–2019–0610; Product (j) Related Information ADDRESSES: You may send comments, Identifier 2019–NM–094–AD’’ at the (1) For information about EASA AD 2018– using the procedures found in 14 CFR beginning of your comments. The FAA 0155, contact the EASA, Konrad-Adenauer- specifically invites comments on the Ufer 3, 50668 Cologne, Germany; phone: +49 11.43 and 11.45, by any of the following methods: overall regulatory, economic, 221 89990 6017; email: [email protected]; • environmental, and energy aspects of internet: www.easa.europa.eu. You may find Federal eRulemaking Portal: Go to this EASA AD on the EASA website at http://www.regulations.gov. Follow the this NPRM. The FAA will consider all https://ad.easa.europa.eu. You may view this instructions for submitting comments. comments received by the closing date EASA AD at the FAA, Transport Standards • Fax: 202–493–2251. and may amend this NPRM based on Branch, 2200 South 216th St., Des Moines, • Mail: U.S. Department of those comments. WA. For information on the availability of Transportation, Docket Operations, M– The FAA will post all comments, this material at the FAA, call 206–231–3195. 30, West Building Ground Floor, Room without change, to http:// EASA AD 2018–0155 may be found in the W12–140, 1200 New Jersey Avenue SE, www.regulations.gov, including any AD docket on the internet at http:// Washington, DC 20590. personal information you provide. The www.regulations.gov by searching for and • locating Docket No. FAA–2019–0667. Hand Delivery: Deliver to Mail FAA will also post a report (2) For more information about this AD, address above between 9 a.m. and 5 summarizing each substantive verbal contact Sanjay Ralhan, Aerospace Engineer, p.m., Monday through Friday, except contact the agency receives about this International Section, Transport Standards Federal holidays. NPRM.
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Discussion affected galleys by replacement of the Explanation of Required Compliance The EASA, which is the Technical affected bumpers with serviceable Information bumpers. Agent for the Member States of the In the FAA’s ongoing efforts to European Union, has issued EASA AD This material is reasonably available improve the efficiency of the AD 2019–0106, dated May 15, 2019 (‘‘EASA because the interested parties have AD 2019–0106’’) (also referred to as the access to it through their normal course process, the FAA worked with Airbus Mandatory Continuing Airworthiness of business or by the means identified and EASA to develop a process to use Information, or ‘‘the MCAI’’), to correct in the ADDRESSES section. certain EASA ADs as the primary source an unsafe condition for certain Airbus of information for compliance with FAA’s Determination and Requirements requirements for corresponding FAA SAS Model A319–112, A319–115, of This Proposed AD A319–132, A320–214, A320–216, A320– ADs. As a result, EASA AD 2019–0106 232, A320–233, A320–251N, A320– This product has been approved by will be incorporated by reference in the 271N, A321–211, A321–231, A321–232, the aviation authority of another FAA final rule. This proposed AD A321–251N, and A321–253N airplanes. country, and is approved for operation would, therefore, require compliance The MCAI states: in the United States. Pursuant to the with the provisions specified in EASA Several reports were received of finding FAA’s bilateral agreement with the State AD 2019–0106, through that container/galley end stop bumpers damaged of Design Authority, the FAA has been incorporation, except for any differences in service. Deformed end stops could break notified of the unsafe condition identified as exceptions in the or lose their function to maintain container/ described in the MCAI referenced regulatory text of this proposed AD. galley in their position on the aeroplane. above. The FAA is proposing this AD Service information specified in EASA This condition, if not corrected, could lead because the FAA evaluated all the to container/galley detachment under certain AD 2019–0106 that is required for forward loading conditions, possibly relevant information and determined compliance with EASA AD 2019–0106 resulting in injury to aeroplane occupants. the unsafe condition described will be available on the internet at To address this potential unsafe condition, previously is likely to exist or develop http://www.regulations.gov by searching Airbus issued the applicable SB [service in other products of the same type for and locating Docket No. FAA–2019– bulletin], providing instructions to modify design. and re-identify affected galleys. 0610 after the FAA final rule is For the reasons described above, this Proposed AD Requirements published. [EASA] AD requires modification of the affected galleys by replacement of the This proposed AD would require Costs of Compliance affected bumpers with serviceable bumpers accomplishing the actions specified in EASA AD 2019–0106, described The FAA estimates that this proposed Related IBR Material Under 1 CFR Part previously, as incorporated by AD affects 274 airplanes of U.S. registry. 51 reference, except for any differences The FAA estimates the following costs EASA AD 2019–0106 describes identified as exceptions in the to comply with this proposed AD: procedures for modification of the regulatory text of this AD.
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost Parts cost Cost per product Cost on U.S. operators
Up to 54 work-hours × $85 per hour = Up to $4,590 ...... $0 Up to $4,590 ...... Up to $1,257,660
According to the manufacturer, some aircraft in air commerce by prescribing Regulatory Findings or all of the costs of this proposed AD regulations for practices, methods, and may be covered under warranty, thereby procedures the Administrator finds The FAA determined that this reducing the cost impact on affected necessary for safety in air commerce. proposed AD would not have federalism individuals. The FAA does not control This regulation is within the scope of implications under Executive Order warranty coverage for affected that authority because it addresses an 13132. This proposed AD would not individuals. As a result, the FAA has unsafe condition that is likely to exist or have a substantial direct effect on the included all known costs in the cost develop on products identified in this States, on the relationship between the estimate. rulemaking action. national Government and the States, or on the distribution of power and Authority for This Rulemaking This proposed AD is issued in responsibilities among the various Title 49 of the United States Code accordance with authority delegated by levels of government. specifies the FAA’s authority to issue the Executive Director, Aircraft Certification Service, as authorized by For the reasons discussed above, I rules on aviation safety. Subtitle I, certify this proposed regulation: section 106, describes the authority of FAA Order 8000.51C. In accordance the FAA Administrator. Subtitle VII: with that order, issuance of ADs is (1) Is not a ‘‘significant regulatory Aviation Programs, describes in more normally a function of the Compliance action’’ under Executive Order 12866, detail the scope of the Agency’s and Airworthiness Division, but during (2) Will not affect intrastate aviation authority. this transition period, the Executive in Alaska, and Director has delegated the authority to The FAA is issuing this rulemaking (3) Will not have a significant issue ADs applicable to transport under the authority described in economic impact, positive or negative, Subtitle VII, Part A, Subpart III, Section category airplanes and associated on a substantial number of small entities 44701: ‘‘General requirements.’’ Under appliances to the Director of the System under the criteria of the Regulatory that section, Congress charges the FAA Oversight Division. Flexibility Act. with promoting safe flight of civil
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List of Subjects in 14 CFR Part 39 (h) Exceptions to EASA AD 2019–0106 DEPARTMENT OF TRANSPORTATION Air transportation, Aircraft, Aviation (1) For purposes of determining Federal Aviation Administration safety, Incorporation by reference, compliance with the requirements of this AD: Safety. Where EASA AD 2019–0106 refers to its effective date, this AD requires using the 14 CFR Part 39 The Proposed Amendment effective date of this AD. [Docket No. FAA–2019–0611; Product Accordingly, under the authority (2) The ‘‘Remarks’’ section of EASA AD Identifier 2019–NM–095–AD] delegated to me by the Administrator, 2019–0106 does not apply to this AD. RIN 2120–AA64 the FAA proposes to amend 14 CFR part (i) Other FAA AD Provisions 39 as follows: The following provisions also apply to this Airworthiness Directives; Airbus SAS AD: Airplanes PART 39—AIRWORTHINESS (1) Alternative Methods of Compliance DIRECTIVES (AMOCs): The Manager, International AGENCY: Federal Aviation Section, Transport Standards Branch, FAA, Administration (FAA), DOT. ■ 1. The authority citation for part 39 has the authority to approve AMOCs for this ACTION: Notice of proposed rulemaking continues to read as follows: AD, if requested using the procedures found (NPRM). Authority: 49 U.S.C. 106(g), 40113, 44701. in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal SUMMARY: The FAA proposes to adopt a § 39.13 [Amended] inspector or local Flight Standards District new airworthiness directive (AD) for ■ 2. The FAA amends § 39.13 by adding Office, as appropriate. If sending information certain Airbus SAS Model A350–941 the following new airworthiness directly to the International Section, send it airplanes. This proposed AD was directive (AD): to the attention of the person identified in prompted by the results of a structural paragraph (j)(2) of this AD. Information may Airbus SAS: Docket No. FAA–2019–0610; analysis, which identified that the be emailed to: 9-ANM-116-AMOC- Product Identifier 2019–NM–094–AD. upper frame fittings (UFF) of the [email protected]. Before using any forward cargo door surrounding (a) Comments Due Date approved AMOC, notify your appropriate principal inspector, or lacking a principal structure have a low fatigue life. This The FAA must receive comments by proposed AD would require repetitive October 15, 2019. inspector, the manager of the local flight standards district office/certificate holding inspections of the forward cargo door (b) Affected ADs district office. UFF and brackets for discrepancies and, None. (2) Contacting the Manufacturer: For any depending on the findings, doing requirement in this AD to obtain instructions applicable corrective actions, as (c) Applicability from a manufacturer, the instructions must specified in a European Union Aviation This AD applies to the Airbus SAS be accomplished using a method approved Safety Agency (EASA) AD, which will airplanes specified in paragraphs (c)(1) by the Manager, International Section, be incorporated by reference. The FAA through (c)(3) of this AD, certificated in any Transport Standards Branch, FAA; or EASA; category, as identified in European Union is proposing this AD to address the or Airbus SAS’s EASA Design Organization unsafe condition on these products. Aviation Safety Agency (EASA) AD 2019– Approval (DOA). If approved by the DOA, DATES: 0106, dated May 15, 2019 (‘‘EASA AD 2019– the approval must include the DOA- The FAA must receive comments 0106’’). authorized signature. on this proposed AD by October 15, (1) Model A319–112, –115, and –132 2019. airplanes. (j) Related Information ADDRESSES: You may send comments, (2) Model A320–214, –216, –232, –233, (1) For information about EASA AD 2019– –251N, and –271N airplanes. using the procedures found in 14 CFR 0106, contact the EASA, Konrad-Adenauer- 11.43 and 11.45, by any of the following (3) Model A321–211, –231, –232, 251N, Ufer 3, 50668 Cologne, Germany; telephone and –253N airplanes. +49 221 89990 6017; email ADs@ methods: • Federal eRulemaking Portal: Go to (d) Subject easa.europa.eu; Internet http://www.regulations.gov. Follow the Air Transport Association (ATA) of www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// instructions for submitting comments. America Code 25, Equipment/furnishings. • ad.easa.europa.eu. You may view this EASA Fax: 202–493–2251. (e) Reason AD at the FAA, Transport Standards Branch, • Mail: U.S. Department of This AD was prompted by reports of 2200 South 216th St., Des Moines, WA. For Transportation, Docket Operations, M– finding container/galley end stop bumpers information on the availability of this 30, West Building Ground Floor, Room damaged in service. The FAA is issuing this material at the FAA, call 206–231–3195. W12–140, 1200 New Jersey Avenue SE, AD to address deformed end stops, which EASA AD 2019–0106 may be found in the Washington, DC 20590. could break or lose their function to maintain AD docket on the internet at http:// • Hand Delivery: Deliver to Mail the container/galley in position on the www.regulations.gov by searching for and address above between 9 a.m. and 5 airplane. This condition, if not corrected, locating Docket No. FAA–2019–0610. p.m., Monday through Friday, except could lead to container/galley detachment (2) For more information about this AD, Federal holidays. under certain forward loading conditions, contact Sanjay Ralhan, Aerospace Engineer, possibly resulting in injury to airplane For the material identified in this International Section, Transport Standards proposed AD that will be incorporated occupants. Branch, FAA, 2200 South 216th St., Des by reference (IBR), contact the EASA, at (f) Compliance Moines, WA 98198; telephone and fax 206– 231–3223. Konrad-Adenauer-Ufer 3, 50668 Comply with this AD within the Cologne, Germany; telephone +49 221 compliance times specified, unless already Issued in Des Moines, Washington, on 89990 1000; email [email protected]; done. August 22, 2019. internet www.easa.europa.eu. You may (g) Requirements Suzanne Masterson, find this IBR material on the EASA Acting Director, System Oversight Division, Except as specified in paragraph (h) of this website at https://ad.easa.europa.eu. Aircraft Certification Service. AD: Comply with all required actions and You may view this IBR material at the compliance times specified in, and in [FR Doc. 2019–18763 Filed 8–29–19; 8:45 am] FAA, Transport Standards Branch, 2200 accordance with, EASA AD 2019–0106. BILLING CODE 4910–13–P South 216th St., Des Moines, WA. For
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information on the availability of this AD 2019–0126’’) (also referred to as the the unsafe condition described material at the FAA, call 206–231–3195. Mandatory Continuing Airworthiness previously is likely to exist or develop It is also available in the AD docket on Information, or ‘‘the MCAI’’), to correct in other products of the same type the internet at http:// an unsafe condition for certain Airbus design. www.regulations.gov by searching for SAS Model A350–941 airplanes. The Proposed AD Requirements and locating Docket No. FAA–2019– MCAI states: 0611. Structural analysis conducted on A350 This proposed AD would require accomplishing the actions specified in Examining the AD Docket aeroplanes identified that the upper frame fittings (UFF) of the forward cargo door EASA AD 2019–0126 described You may examine the AD docket on surrounding structure have a low fatigue life, previously, as incorporated by the internet at http:// as a result of the loading by the cargo door reference, except for any differences www.regulations.gov by searching for actuator. identified as exceptions in the and locating Docket No. FAA–2019– This condition, if not detected and regulatory text of this AD. 0611; or in person at Docket Operations corrected, could lead to failure of a forward fuselage cargo door UFF, possibly resulting between 9 a.m. and 5 p.m., Monday Explanation of Required Compliance in affecting the structural integrity of the Information through Friday, except Federal holidays. fuselage. The AD docket contains this NPRM, the To address this potential unsafe condition, In the FAA’s ongoing efforts to regulatory evaluation, any comments Airbus issued the [service bulletin] SB to improve the efficiency of the AD received, and other information. The provide inspection instructions of the process, the FAA initially worked with street address for Docket Operations is forward cargo door UFF and brackets located Airbus and EASA to develop a process listed above. Comments will be at fuselage frames (FR) 23 to FR26. For the reasons described above, this to use certain EASA ADs as the primary available in the AD docket shortly after [EASA] AD requires repetitive detailed source of information for compliance receipt. inspections (DET) of the forward cargo door with requirements for corresponding FOR FURTHER INFORMATION CONTACT: UFF and brackets [for discrepancies, FAA ADs. The FAA has since Kathleen Arrigotti, Aerospace Engineer, including cracking], at fuselage FR23 to coordinated with other manufacturers International Section, Transport FR26, and, depending on findings, and civil aviation authorities (CAAs) to Standards Branch, FAA, 2200 South accomplishment of applicable corrective use this process. As a result, EASA AD action(s). 216th St., Des Moines, WA 98198; 2019–0126 will be incorporated by telephone and fax 206–231–3218. Related IBR Material Under 1 CFR Part reference in the FAA final rule. This SUPPLEMENTARY INFORMATION: 51 proposed AD would, therefore, require EASA AD 2019–0126 describes compliance with the provisions Comments Invited procedures for repetitive detailed specified in EASA AD 2019–0126, The FAA invites you to send any inspections of the UFF and brackets of through that incorporation, except for written relevant data, views, or the forward cargo door for any differences identified as exceptions arguments about this proposal. Send discrepancies, including cracking, and in the regulatory text of this proposed your comments to an address listed applicable corrective actions. The AD. Using common terms that are the under the ADDRESSES section. Include corrective actions include a same as the heading of a particular ‘‘Docket No. FAA–2019–0611; Product modification to reinforce the affected section in the EASA AD does not mean Identifier 2019–NM–095–AD’’ at the UFF brackets, and repair of any that operators need comply only with beginning of your comments. The FAA discrepancy detected in the area that section. For example, where the AD specifically invites comments on the surrounding the UFF brackets. requirement refers to ‘‘all required overall regulatory, economic, This material is reasonably available actions and compliance times,’’ environmental, and energy aspects of because the interested parties have compliance with this AD requirement is this NPRM. The FAA will consider all access to it through their normal course not limited to the section titled comments received by the closing date of business or by the means identified ‘‘Required Action(s) and Compliance and may amend this NPRM based on in the ADDRESSES section. Time(s)’’ in the EASA AD. Service those comments. information specified in EASA AD The FAA will post all comments FAA’s Determination and Requirements 2019–0126 that is required for received, without change, to http:// of This Proposed AD compliance with EASA AD 2019–0126 www.regulations.gov, including any This product has been approved by will be available on the internet at personal information you provide. The the aviation authority of another http://www.regulations.gov by searching FAA will also post a report country, and is approved for operation for and locating Docket No. FAA–2019– summarizing each substantive verbal in the United States. Pursuant to a 0611 after the FAA final rule is contact received about this NPRM. bilateral agreement with the State of published. Design Authority, the FAA has been Costs of Compliance Discussion notified of the unsafe condition The EASA, which is the Technical described in the MCAI referenced The FAA estimates that this proposed Agent for the Member States of the above. The FAA is proposing this AD AD affects 13 airplanes of U.S. registry. European Union, has issued EASA AD because the agency evaluated all the The FAA estimates the following costs 2019–0126, dated June 5, 2019 (‘‘EASA relevant information and determined to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
40 work-hours × $85 per hour = $3,400 ...... $0 $3,400 $44,200
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The FAA estimates the following the results of any required or optional determining the number of aircraft that costs to do any necessary on-condition actions. The FAA has no way of might need these on-condition actions: actions that would be required based on
ESTIMATED COSTS OF ON-CONDITION ACTIONS *
Labor cost Parts cost Cost per product
Up to 132 work-hours × $85 per hour = Up to $11,220 ...... Up to $6,940 ...... Up to $18,160 * The FAA has received no definitive data that would enable the agency to provide cost estimates for the on-condition repair specified in this proposed AD.
Authority for This Rulemaking (3) Will not have a significant fuselage cargo door UFF, resulting in reduced structural integrity of the fuselage. Title 49 of the United States Code economic impact, positive or negative, specifies the FAA’s authority to issue on a substantial number of small entities (f) Compliance rules on aviation safety. Subtitle I, under the criteria of the Regulatory Comply with this AD within the section 106, describes the authority of Flexibility Act. compliance times specified, unless already the FAA Administrator. Subtitle VII: List of Subjects in 14 CFR Part 39 done. Aviation Programs, describes in more (g) Requirements Air transportation, Aircraft, Aviation detail the scope of the Agency’s Except as specified in paragraph (h) of this authority. safety, Incorporation by reference, Safety. AD: Comply with all required actions and The FAA is issuing this rulemaking compliance times specified in, and in under the authority described in The Proposed Amendment accordance with, EASA AD 2019–0126. Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under Accordingly, under the authority (h) Exception to EASA AD 2019–0126 that section, Congress charges the FAA delegated to me by the Administrator, The ‘‘Remarks’’ section of EASA AD 2019– with promoting safe flight of civil the FAA proposes to amend 14 CFR part 0126 does not apply to this AD. aircraft in air commerce by prescribing 39 as follows: (i) Other FAA AD Provisions regulations for practices, methods, and The following provisions also apply to this procedures the Administrator finds PART 39—AIRWORTHINESS DIRECTIVES AD: necessary for safety in air commerce. (1) Alternative Methods of Compliance This regulation is within the scope of (AMOCs): The Manager, International ■ 1. The authority citation for part 39 that authority because it addresses an Section, Transport Standards Branch, FAA, continues to read as follows: unsafe condition that is likely to exist or has the authority to approve AMOCs for this develop on products identified in this Authority: 49 U.S.C. 106(g), 40113, 44701. AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR rulemaking action. § 39.13 [Amended] 39.19, send your request to your principal This proposed AD is issued in ■ inspector or local Flight Standards District accordance with authority delegated by 2. The FAA amends § 39.13 by adding Office, as appropriate. If sending information the Executive Director, Aircraft the following new airworthiness directly to the International Section, send it Certification Service, as authorized by directive (AD): to the attention of the person identified in FAA Order 8000.51C. In accordance Airbus SAS: Docket No. FAA–2019–0611; paragraph (j)(2) of this AD. Information may with that order, issuance of ADs is Product Identifier 2019–NM–095–AD. be emailed to: 9-ANM-116-AMOC- normally a function of the Compliance [email protected]. Before using any (a) Comments Due Date approved AMOC, notify your appropriate and Airworthiness Division, but during principal inspector, or lacking a principal this transition period, the Executive The FAA must receive comments by October 15, 2019. inspector, the manager of the local flight Director has delegated the authority to standards district office/certificate holding issue ADs applicable to transport (b) Affected ADs district office. category airplanes and associated None. (2) Contacting the Manufacturer: For any appliances to the Director of the System requirement in this AD to obtain instructions (c) Applicability Oversight Division. from a manufacturer, the instructions must This AD applies to Airbus SAS Model be accomplished using a method approved Regulatory Findings A350–941 airplanes, certificated in any by the Manager, International Section, The FAA determined that this category, as identified in European Union Transport Standards Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization proposed AD would not have federalism Aviation Safety Agency (EASA) AD 2019– 0126, dated June 5, 2019 (‘‘EASA AD 2019– Approval (DOA). If approved by the DOA, implications under Executive Order 0126’’). the approval must include the DOA- 13132. This proposed AD would not authorized signature. have a substantial direct effect on the (d) Subject (3) Required for Compliance (RC): For any States, on the relationship between the Air Transport Association (ATA) of service information referenced in EASA AD national Government and the States, or America Code 53, Fuselage. 2019–0126 that contains RC procedures and tests: Except as required by paragraph (i)(2) on the distribution of power and (e) Reason responsibilities among the various of this AD, RC procedures and tests must be This AD was prompted by the results of a done to comply with this AD; any procedures levels of government. structural analysis that identified that the or tests that are not identified as RC are For the reasons discussed above, I upper frame fittings (UFF) of the forward recommended. Those procedures and tests certify this proposed regulation: cargo door surrounding structure have a low that are not identified as RC may be deviated (1) Is not a ‘‘significant regulatory fatigue life. The FAA is issuing this AD to from using accepted methods in accordance action’’ under Executive Order 12866, address low fatigue life of the UFF of the with the operator’s maintenance or (2) Will not affect intrastate aviation forward cargo door surrounding structure, inspection program without obtaining in Alaska, and which could lead to failure of a forward approval of an AMOC, provided the
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procedures and tests identified as RC can be European Union Aviation Safety Agency 216th St., Des Moines, WA 98198; done and the airplane can be put back in an (EASA) AD, which will be incorporated telephone and fax 206–231–3226. airworthy condition. Any substitutions or by reference. This proposed AD would SUPPLEMENTARY INFORMATION: changes to procedures or tests identified as also require replacement of the fire RC require approval of an AMOC. extinguisher if any damaged discharge Comments Invited (j) Related Information tube is found or the weight of the waste The FAA invites you to send any (1) For information about EASA AD 2019– bin fire extinguisher is too low. The written relevant data, views, or 0126, contact the EASA, Konrad-Adenauer- FAA is proposing this AD to address the arguments about this proposal. Send Ufer 3, 50668 Cologne, Germany; telephone unsafe condition on these products. your comments to an address listed +49 221 89990 6017; email ADs@ DATES: The FAA must receive comments under the ADDRESSES section. Include easa.europa.eu; Internet on this proposed AD by October 15, ‘‘Docket No. FAA–2019–0666; Product www.easa.europa.eu. You may find this 2019. Identifier 2019–NM–086–AD’’ at the EASA AD on the EASA website at https:// beginning of your comments. The FAA ad.easa.europa.eu. You may view this EASA ADDRESSES: You may send comments, AD at the FAA, Transport Standards Branch, specifically invites comments on the using the procedures found in 14 CFR overall regulatory, economic, 2200 South 216th St., Des Moines, WA. For 11.43 and 11.45, by any of the following information on the availability of this environmental, and energy aspects of methods: this NPRM. The FAA will consider all material at the FAA, call 206–231–3195. • Federal eRulemaking Portal: Go to EASA AD 2019–0126 may be found in the comments received by the closing date http://www.regulations.gov. Follow the AD docket on the internet at http:// and may amend this NPRM based on www.regulations.gov by searching for and instructions for submitting comments. • Fax: 202–493–2251. those comments. locating Docket No. FAA–2019–0611. The FAA will post all comments • Mail: U.S. Department of (2) For more information about this AD, received, without change, to http:// Transportation, Docket Operations, M– contact Kathleen Arrigotti, Aerospace www.regulations.gov, including any Engineer, International Section, Transport 30, West Building Ground Floor, Room personal information you provide. The Standards Branch, FAA, 2200 South 216th W12–140, 1200 New Jersey Avenue SE, FAA will also post a report St., Des Moines, WA 98198; telephone and Washington, DC 20590. fax 206–231–3218. • Hand Delivery: Deliver to Mail summarizing each substantive verbal contact received about this NPRM. Issued in Des Moines, Washington, on address above between 9 a.m. and 5 August 22, 2019. p.m., Monday through Friday, except Discussion Suzanne Masterson, Federal holidays. The EASA, which is the Technical Acting Director, System Oversight Division, For the material identified in this Agent for the Member States of the Aircraft Certification Service. proposed AD that will be incorporated European Union, has issued EASA AD [FR Doc. 2019–18764 Filed 8–29–19; 8:45 am] by reference (IBR), contact the EASA, at 2019–0095, dated April 30, 2019 Konrad-Adenauer-Ufer 3, 50668 BILLING CODE 4910–13–P (‘‘EASA AD 2019–0095’’) (also referred Cologne, Germany; telephone +49 221 to as the Mandatory Continuing 89990 1000; email [email protected]; Airworthiness Information, or ‘‘the DEPARTMENT OF TRANSPORTATION internet www.easa.europa.eu. You may MCAI’’), to correct an unsafe condition find this IBR material on the EASA for all Fokker Services B.V. Model F28 Federal Aviation Administration website at https://ad.easa.europa.eu. Mark 0070 and 0100 airplanes. The You may view this IBR material at the MCAI states: 14 CFR Part 39 FAA, Transport Standards Branch, 2200 Occurrences have been reported of lavatory [Docket No. FAA–2019–0666; Product South 216th St., Des Moines, WA. For information on the availability of this waste bin fire extinguishers found depleted. Identifier 2019–NM–086–AD] The subsequent investigation results revealed material at the FAA, call 206–231–3195. RIN 2120–AA64 that this was due to damage to the discharge It is also available in the AD docket on tubes, which may have occurred during the internet at http:// Airworthiness Directives; Fokker installation or removal of the waste bin, www.regulations.gov by searching for having collided with the fire extinguisher Services B.V. Airplanes and locating Docket No. FAA–2019– discharge tubes. Except for the affected fire AGENCY: Federal Aviation 0666. extinguishers, having too long discharge Administration (FAA), DOT. tubes, this interference is fully due to the Examining the AD Docket geometry of the affected waste bins. ACTION: Notice of proposed rulemaking You may examine the AD docket on This condition, if not detected and (NPRM). corrected, could lead to failure of discharging the internet at http:// the extinguishing agent in case of lavatory SUMMARY: The FAA proposes to adopt a www.regulations.gov by searching for bin fire, possibly resulting in damage to the new airworthiness directive (AD) for all and locating Docket No. FAA–2019– aeroplane and injury to occupants. Fokker Services B.V. Model F28 Mark 0666; or in person at Docket Operations To address this potential unsafe condition, 0070 and 0100 airplanes. This proposed between 9 a.m. and 5 p.m., Monday Fokker Services published the SB [Fokker AD was prompted by reports of lavatory through Friday, except Federal holidays. Service Bulletin SBF100–25–134, dated The AD docket contains this NPRM, the February 28, 2019], providing inspection waste bin fire extinguishers found instructions to verify correct clearance depleted. This proposed AD would regulatory evaluation, any comments between the waste bin and the fire require a one-time inspection of the received, and other information. The extinguisher discharge tubes and to replace installation of the waste bins for street address for Docket Operations is affected fire extinguishers. interference (the inspection also listed above. Comments will be For the reasons described above, this includes a weight check of the waste bin available in the AD docket shortly after [EASA] AD requires a one-time inspection of fire extinguisher and an inspection of receipt. the installation of each affected waste bin, modification of the affected waste bin(s) and the discharge tubes for damage), FOR FURTHER INFORMATION CONTACT: Tom replacement of the affected fire modification of affected waste bins, and Rodriguez, Aerospace Engineer, extinguisher(s). This [EASA] AD also replacement of affected fire International Section, Transport prohibits (re) installation of affected waste extinguishers, as specified in a Standards Branch, FAA, 2200 South bins or affected fire extinguishers.
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Related IBR Material Under 1 CFR Part Proposed AD Requirements ‘‘Required Action(s) and Compliance 51 This proposed AD would require Time(s)’’ in the EASA AD. Service information specified in EASA AD EASA AD 2019–0095 describes accomplishing the actions specified in EASA AD 2019–0095 described 2019–0095 that is required for procedures for a one-time inspection of previously, as incorporated by compliance with EASA AD 2019–0095 the installation of each affected waste reference, except for any differences will be available on the internet at bin for interference between the waste identified as exceptions in the http://www.regulations.gov by searching bins and the fire extinguisher discharge regulatory text of this AD, and except as for and locating Docket No. FAA–2019– tubes (the inspection for interference discussed under ‘‘Differences Between 0666 after the FAA final rule is also includes a weight check of the this Proposed AD and the MCAI.’’ published. waste bin fire extinguisher and a detailed inspection of the discharge Explanation of Required Compliance Differences Between This Proposed AD tubes for damage), modification of Information and the MCAI affected waste bins, and replacement of In the FAA’s ongoing efforts to EASA AD 2019–0095 specifies doing affected fire extinguishers. This material improve the efficiency of the AD an inspection for interference, which is reasonably available because the process, the FAA initially worked with includes a weight check of the waste bin interested parties have access to it Airbus and EASA to develop a process fire extinguisher and an inspection of through their normal course of business to use certain EASA ADs as the primary the discharge tubes for damage. EASA source of information for compliance or by the means identified in the AD 2019–0095 includes a corrective with requirements for corresponding ADDRESSES section, and it is publicly action for the inspection for interference FAA ADs. The FAA has since available through the EASA website. but does not identify a corrective action coordinated with other manufacturers to for the weight check and inspection of FAA’s Determination and Requirements use this process. As a result, EASA AD of This Proposed AD 2019–0095 will be incorporated by the discharge tubes. However, the reference in the FAA final rule. This service information referenced in EASA This product has been approved by proposed AD would, therefore, require AD 2019–0095 does specify a corrective the aviation authority of another compliance with the provisions action for the weight check and country, and is approved for operation specified in EASA AD 2019–0095, in its inspection of the discharge tubes (i.e., in the United States. Pursuant to a entirety, through that incorporation, replacement of the fire extinguisher). bilateral agreement with the State of except for any differences identified as Therefore, this proposed AD would Design Authority, the FAA has been exceptions in the regulatory text of this require replacement of the fire notified of the unsafe condition proposed AD. Using common terms that extinguisher if any damaged discharge described in the MCAI referenced are the same as the heading of a tube is found or the weight of the waste above. The FAA is proposing this AD particular section in the EASA AD does bin fire extinguisher is too low. because the agency evaluated all the not mean that operators need comply Costs of Compliance relevant information and determined only with that section. For example, the unsafe condition described where the AD requirement refers to ‘‘all The FAA estimates that this proposed previously is likely to exist or develop required actions and compliance times,’’ AD affects 4 airplanes of U.S. registry. in other products of the same type compliance with this AD requirement is The FAA estimates the following costs design. not limited to the section titled to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
1 work-hour × $85 per hour = $85 ...... $0 $85 $340
The FAA estimates the following the results of any required actions. The number of aircraft that might need these costs to do any necessary on-condition FAA has no way of determining the on-condition actions: actions that would be required based on
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Cost per Labor cost Parts cost product
3 work-hours × $85 per hour = $255 ...... $1,100 $1,355
Authority for This Rulemaking detail the scope of the Agency’s aircraft in air commerce by prescribing authority. regulations for practices, methods, and Title 49 of the United States Code procedures the Administrator finds specifies the FAA’s authority to issue The FAA is issuing this rulemaking under the authority described in necessary for safety in air commerce. rules on aviation safety. Subtitle I, Subtitle VII, Part A, Subpart III, Section This regulation is within the scope of section 106, describes the authority of 44701: General requirements. Under that authority because it addresses an the FAA Administrator. Subtitle VII: that section, Congress charges the FAA unsafe condition that is likely to exist or Aviation Programs, describes in more with promoting safe flight of civil
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develop on products identified in this (b) Affected ADs to the attention of the person identified in rulemaking action. None. paragraph (k)(2) of this AD. Information may This proposed AD is issued in be emailed to: 9-ANM-116-AMOC- (c) Applicability accordance with authority delegated by [email protected]. Before using any This AD applies to Fokker Services B.V. approved AMOC, notify your appropriate the Executive Director, Aircraft principal inspector, or lacking a principal Certification Service, as authorized by Model F28 Mark 0070 and 0100 airplanes, certificated in any category, all serial inspector, the manager of the local flight FAA Order 8000.51C. In accordance numbers. standards district office/certificate holding with that order, issuance of ADs is district office. normally a function of the Compliance (d) Subject (2) Contacting the Manufacturer: For any and Airworthiness Division, but during Air Transport Association (ATA) of requirement in this AD to obtain instructions this transition period, the Executive America Code 25, Equipment/Furnishings. from a manufacturer, the instructions must be accomplished using a method approved Director has delegated the authority to (e) Reason by the Manager, International Section, issue ADs applicable to transport This AD was prompted by reports of Transport Standards Branch, FAA; or EASA; category airplanes and associated lavatory waste bin fire extinguishers found or Fokker Services B.V.’s EASA Design appliances to the Director of the System depleted. An investigation revealed that Organization Approval (DOA). If approved by Oversight Division. damage to the discharge tubes may have the DOA, the approval must include the occurred during installation or removal of the DOA-authorized signature. Regulatory Findings waste bin. Insufficient clearance between the (k) Related Information The FAA determined that this waste bin and the discharge tubes may have caused the fire extinguisher discharge tubes (1) For information about EASA AD 2019– proposed AD would not have federalism 0095, contact the EASA, Konrad-Adenauer- implications under Executive Order to collide with the waste bin and discharge. The FAA is issuing this AD to address this Ufer 3, 50668 Cologne, Germany; telephone 13132. This proposed AD would not condition, which could lead to failure of +49 221 89990 6017; email ADs@ have a substantial direct effect on the discharging the extinguishing agent during a easa.europa.eu; internet States, on the relationship between the lavatory bin fire, and consequent damage to www.easa.europa.eu. You may find this national Government and the States, or the airplane and injury to occupants. EASA AD on the EASA website at https:// ad.easa.europa.eu. You may view this EASA on the distribution of power and (f) Compliance responsibilities among the various AD at the FAA, Transport Standards Branch, levels of government. Comply with this AD within the 2200 South 216th St., Des Moines, WA. For compliance times specified, unless already information on the availability of this For the reasons discussed above, I done. material at the FAA, call 206–231–3195. certify this proposed regulation: EASA AD 2019–0095 may be found in the (1) Is not a ‘‘significant regulatory (g) Requirements as Specified in EASA AD AD docket on the internet at http:// action’’ under Executive Order 12866, 2019–0095 www.regulations.gov by searching for and (2) Will not affect intrastate aviation Except as specified in paragraph (h) of this locating Docket No. FAA–2019–0666. in Alaska, and AD: Comply with all required actions and (2) For more information about this AD, (3) Will not have a significant compliance times specified in, and in contact Tom Rodriguez, Aerospace Engineer, accordance with, European Union Aviation International Section, Transport Standards economic impact, positive or negative, Safety Agency (EASA) AD 2019–0095, dated Branch, FAA, 2200 South 216th St., Des on a substantial number of small entities April 30, 2019 (‘‘EASA AD 2019–0095’’). Moines, WA 98198; telephone and fax 206– under the criteria of the Regulatory 231–3226. Flexibility Act. (h) Exceptions to EASA AD 2019–0095 (1) For purposes of determining Issued in Des Moines, Washington, on List of Subjects in 14 CFR Part 39 compliance with the requirements of this AD: August 22, 2019. Suzanne Masterson, Air transportation, Aircraft, Aviation Where EASA AD 2019–0095 refers to its safety, Incorporation by reference, effective date, this AD requires using the Acting Director, System Oversight Division, effective date of this AD. Aircraft Certification Service. Safety. (2) The ‘‘Remarks’’ section of EASA AD [FR Doc. 2019–18762 Filed 8–29–19; 8:45 am] 2019–0095 does not apply to this AD. The Proposed Amendment BILLING CODE 4910–13–P Accordingly, under the authority (i) Additional Requirement: Corrective delegated to me by the Administrator, Action the FAA proposes to amend 14 CFR part If, during any inspection required by POSTAL REGULATORY COMMISSION 39 as follows: paragraph (1) of EASA AD 2019–0095 (which includes a weight check of the waste bin fire 39 CFR Part 3050 extinguisher and an inspection of the PART 39—AIRWORTHINESS [Docket No. RM2019–12; Order No. 5211] DIRECTIVES discharge tubes for damage), any damaged discharge tube is found or the weight of the Periodic Reporting ■ waste bin fire extinguisher is too low, before 1. The authority citation for part 39 further flight, replace the fire extinguisher AGENCY: Postal Regulatory Commission. continues to read as follows: with a serviceable fire extinguisher. ACTION: Notice of proposed rulemaking. Authority: 49 U.S.C. 106(g), 40113, 44701. (j) Other FAA AD Provisions § 39.13 [Amended] The following provisions also apply to this SUMMARY: The Commission is acknowledging a recent filing requesting ■ 2. The FAA amends § 39.13 by adding AD: (1) Alternative Methods of Compliance the Commission initiate a rulemaking the following new airworthiness (AMOCs): The Manager, International proceeding to consider changes to directive (AD): Section, Transport Standards Branch, FAA, analytical principles relating to periodic Fokker Services B.V.: Docket No. FAA– has the authority to approve AMOCs for this reports (Proposal Seven). This 2019–0666; Product Identifier 2019– AD, if requested using the procedures found document informs the public of the NM–086–AD. in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal filing, invites public comment, and (a) Comments Due Date inspector or local Flight Standards District takes other administrative steps. The FAA must receive comments by Office, as appropriate. If sending information DATES: Comments are due: September October 15, 2019. directly to the International Section, send it 26, 2019.
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ADDRESSES: Submit comments costs ‘‘would be calculated by using the By the Commission. electronically via the Commission’s share of wage-adjusted workhours Darcie S. Tokioka, Filing Online system at http:// clocked to corresponding supervisor Acting Secretary. www.prc.gov. Those who cannot submit activities and represented by a new [FR Doc. 2019–18748 Filed 8–29–19; 8:45 am] comments electronically should contact IOCS activity code 7720.’’ Id. The costs BILLING CODE 7710–FW–P the person identified in the FOR FURTHER would then be allocated to products by INFORMATION CONTACT section by using the Product Tracking and telephone for advice on filing Reporting (PTR) distribution key for ENVIRONMENTAL PROTECTION alternatives. products delivered on Sundays and AGENCY FOR FURTHER INFORMATION CONTACT: holidays. Id. David A. Trissell, General Counsel, at Rationale and impact. The Postal 40 CFR Part 62 202–789–6820. Service notes that Proposal Seven would update the methodology for costs [EPA–HQ–OAR–2019–0298; FRL–9998–65– SUPPLEMENTARY INFORMATION: OAR] for supervisors on Sundays and Table of Contents holidays to be ‘‘consistent with the RIN 2060–AU49 recently approved change to the costing I. Introduction General Provisions Amendments: II. Proposal Seven for city carriers on those days.’’ Id. at 3. III. Notice and Comment The Postal Service comments that TACS Incorporation by Reference of State IV. Ordering Paragraphs clock ring data ‘‘provides a more robust Plans estimate of supervisor costs.’’ Id. The I. Introduction AGENCY: Environmental Protection Postal Service states that IOCS sampling Agency (EPA). On August 23, 2019, the Postal presents ‘‘practical challenges . . . that ACTION: Proposed rule. Service filed a petition pursuant to 39 may lead to systematic errors in the CFR 3050.11 requesting that the IOCS-based estimates of total costs for SUMMARY: The U.S. Environmental Commission initiate a rulemaking carrier work assignments, which Protection Agency is proposing to proceeding to consider changes to includes acting as a supervisor.’’ Id. For amend the Approval and Promulgation analytical principles relating to periodic this reason, the Postal Service argues of State Plans for Designated Facilities reports.1 The Petition identifies the that the proposed methodology ‘‘would and Pollutants, General Provisions to proposed analytical changes filed in this eliminate a potential source of bias.’’ Id. clarify the process by which state plans docket as Proposal Seven. at 4. for the control of pollutants and II. Proposal Seven III. Notice and Comment facilities are incorporated by reference into this part. This action is intended to Background. Proposal Seven relates to The Commission establishes Docket update and modify the outdated General the methodology used to allocate No. RM2019–12 for consideration of Provisions that note that state plans are accrued costs for supervisors at delivery matters raised by the Petition. More incorporated by reference and that units on Sundays and holidays. Petition, information on the Petition may be describe the availability of state plans. Proposal Seven at 1. Total costs for accessed via the Commission’s website Concurrently, EPA is also taking direct supervisors are developed in the Cost at http://www.prc.gov. Interested final action on these amendments. If we and Revenue Analysis (CRA). Id. persons may submit comments on the receive no significant adverse comment, Currently, the share of these total costs Petition and Proposal Seven no later we will not take further action on this for supervisors at customer service than September 26, 2019. Pursuant to 39 proposed rule. offices on Sundays and holidays is U.S.C. 505, Lawrence Fenster is determined using sampling from the In- DATES: designated as an officer of the Comments. Comments must be Office Cost System (IOCS). Id. Commission (Public Representative) to Proposal. The Postal Service’s received on or before October 15, 2019, represent the interests of the general or 30 days after date of public hearing, proposal seeks to replace the IOCS public in this proceeding. sampling used in the current if one is requested. Public hearing. If anyone contacts us methodology with data from the Time IV. Ordering Paragraphs requesting a public hearing on or before and Attendance Collection System It is ordered: September 4, 2019, we will hold a (TACS). Id. Under the revised 1. The Commission establishes Docket hearing. Additional information about methodology, the Postal Service would No. RM2019–12 for consideration of the the hearing, if requested, will be ‘‘determine the share of costs for matters raised by the Petition of the published in a subsequent Federal supervisors at delivery units on United States Postal Service for the Register document and posted at Sundays and holidays, and then Initiation of a Proceeding to Consider https://www.epa.gov/stationary-sources- distribute these costs to products using Proposed Changes in Analytical air-pollution/amendments-general- the same distribution key used for city Principles (Proposal Seven), filed provisions-part-62-incorporation- carriers delivering packages on Sundays August 23, 2019. reference-clean. See SUPPLEMENTARY and holidays.’’ Id. at 2. The share of the 2. Comments by interested persons in this proceeding are due no later than INFORMATION for information on registering and attending a public 1 Petition of the United States Postal Service for September 26, 2019. the Initiation of a Proceeding to Consider Proposed 3. Pursuant to 39 U.S.C. 505, the hearing. Changes in Analytical Principles (Proposal Seven), Commission appoints Lawrence Fenster ADDRESSES: You may send comments, August 23, 2019 (Petition). The Postal Service filed a notice of filing of public and non-public materials to serve as an officer of the Commission identified by Docket ID No. EPA–HQ– relating to Proposal Seven. Notice of Filing of (Public Representative) to represent the OAR–2019–0298, by any of the USPS–RM2019–12/1 and USPS–RM2019–12/NP1 interests of the general public in this following methods: and Application for Nonpublic Treatment, August docket. • Federal eRulemaking Portal: 23, 2019. The Postal Service also filed a Revised Notice of Filing of USPS–RM2019–12/1 and USPS– 4. The Secretary shall arrange for https://www.regulations.gov/ (our RM2019–12/NP1 and Application for Nonpublic publication of this order in the Federal preferred method). Follow the online Treatment—Errata, August 26, 2019. Register. instructions for submitting comments.
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• Email: [email protected]. Room is open from 8:30 a.m. to 4:30 about the EPA’s public docket, visit the Include Docket ID No. EPA–HQ–OAR– p.m., Monday through Friday, excluding EPA Docket Center homepage at https:// 2019–0298 in the subject line of the legal holidays. The telephone number www.epa.gov/dockets. message. for the Public Reading Room is (202) Submitting CBI. Do not submit • Fax: (202) 566–9744. Attention 566–1744, and the telephone number for information containing CBI to the EPA Docket ID No. EPA–HQ–OAR–2019– the EPA Docket Center is (202) 566– through https://www.regulations.gov/ or 0298. 1742. email. Clearly mark the part or all of the • Mail: U.S. Environmental Instructions. Direct your comments to information that you claim to be CBI. Protection Agency, EPA Docket Center, Docket ID No. EPA–HQ–OAR–2019– For CBI information on any digital Docket ID No. EPA–HQ–OAR–2019– 0298. The EPA’s policy is that all storage media that you mail to the EPA, 0298, Mail Code 28221T, 1200 comments received will be included in mark the outside of the digital storage Pennsylvania Avenue NW, Washington, the public docket without change and media as CBI and then identify DC 20460. may be made available online at https:// electronically within the digital storage • Hand/Courier Delivery: EPA Docket www.regulations.gov/, including any media the specific information that is Center, WJC West Building, Room 3334, personal information provided, unless claimed as CBI. In addition to one 1301 Constitution Avenue NW, the comment includes information complete version of the comments that Washington, DC 20004. The Docket claimed to be CBI or other information includes information claimed as CBI, Center’s hours of operation are 8:30 whose disclosure is restricted by statute. you must submit a copy of the a.m.–4:30 p.m., Monday–Friday (except Do not submit information that you comments that does not contain the federal holidays). consider to be CBI or otherwise information claimed as CBI directly to Instructions: All submissions received protected through https:// the public docket through the must include the Docket ID No. for this www.regulations.gov/ or email. This procedures outlined in Instructions rulemaking. Comments received may be type of information should be submitted above. If you submit any digital storage posted without change to https:// by mail as discussed below. media that does not contain CBI, mark The EPA may publish any comment www.regulations.gov/, including any the outside of the digital storage media received to its public docket. personal information provided. For clearly that it does not contain CBI. Multimedia submissions (audio, video, detailed instructions on sending Information not marked as CBI will be etc.) must be accompanied by a written comments and additional information included in the public docket and the comment. The written comment is on the rulemaking process, see the EPA’s electronic public docket without considered the official comment and SUPPLEMENTARY INFORMATION section of prior notice. Information marked as CBI should include discussion of all points this document. will not be disclosed except in you wish to make. The EPA will FOR FURTHER INFORMATION CONTACT: For generally not consider comments or accordance with procedures set forth in questions about this proposed action, comment contents located outside of the 40 Code of Federal Regulations (CFR) contact Jodi Howard, Sector Policies primary submission (i.e., on the Web, part 2. Send or deliver information and Programs Division (D205–02), cloud, or other file sharing system). For identified as CBI only to the following Office of Air Quality Planning and additional submission methods, the full address: OAQPS Document Control Standards, U.S. Environmental EPA public comment policy, Officer (C404–02), OAQPS, U.S. Protection Agency, Research Triangle information about CBI or multimedia Environmental Protection Agency, Park, North Carolina 27711; telephone submissions, and general guidance on Research Triangle Park, North Carolina number: (919) 541–4607; fax number: making effective comments, please visit 27711, Attention Docket ID No. EPA– (919) 541–4991; and email address: https://www.epa.gov/dockets/ HQ–OAR–2019–0298. [email protected]. commenting-epa-dockets. I. Why is the EPA issuing this proposed SUPPLEMENTARY INFORMATION: Public The https://www.regulations.gov/ rule? hearing. Please contact Nancy Perry at website allows you to submit your (919–541–5628 or at perry.nancy@ comment anonymously, which means The EPA is issuing both a proposal epa.gov to request a hearing, to the EPA will not know your identity or and a direct final rule amending determine if a hearing will be held, or contact information unless you provide §§ 62.02, 62.10, and 62.12 of subpart A to register to speak at the hearing, if one it in the body of your comment. If you of 40 CFR part 62. As further discussed is held. send an email comment directly to the in the direct final rule action, these Docket. The EPA has established a EPA without going through https:// amendments update and clarify docket for this rulemaking under Docket www.regulations.gov/, your email provisions relating to the Incorporation ID No. EPA–HQ–OAR–2019–0298. All address will be automatically captured by Reference (IBR) of state plans documents in the docket are listed in and included as part of the comment approved, in accordance with Clean Air Regulations.gov. Although listed, some that is placed in the public docket and Act sections 111(d) and 129, by the information is not publicly available, made available on the internet. If you EPA, including information concerning e.g., Confidential Business Information submit an electronic comment, the EPA the availability of such plans. (CBI) or other information whose recommends that you include your The EPA is taking direct final action disclosure is restricted by statute. name and other contact information in because we view the revisions as Certain other material, such as the body of your comment and with any administrative, noncontroversial, and copyrighted material, is not placed on digital storage media you submit. If the anticipate no significant adverse the internet and will be publicly EPA cannot read your comment due to comments. The EPA has identified the available only in hard copy. Publicly technical difficulties and cannot contact specific revisions and explained our available docket materials are available you for clarification, the EPA may not reasons for these revisions in the direct either electronically in Regulations.gov be able to consider your comment. final rule. At the same time, the EPA is or in hard copy at the EPA Docket Electronic files should not include proposing to make the same Center, Room 3334, WJC West Building, special characters or any form of amendments. If no significant adverse 1301 Constitution Avenue NW, encryption and be free of any defects or comments are received, no further Washington, DC. The Public Reading viruses. For additional information action will be taken on the proposal,
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and the direct final rule will become • Federal eRulemaking Portal: http:// the part or all of the information that effective as provided in that action. www.regulations.gov. Follow the online you claim to be CBI. For CBI If the EPA receives significant adverse instructions for submitting comments. information in a disk or CD–ROM that comments, we will withdraw the direct Do not submit electronically any you mail to EPA, mark the outside of the final rule. The EPA will publish a information you consider to be disk or CD–ROM as CBI and then timely withdrawal in the Federal Confidential Business Information (CBI) identify electronically within the disk or Register. If the direct final rule in the or other information whose disclosure is CD–ROM the specific information that Rules and Regulations section of this restricted by statute. is claimed as CBI. In addition to one Federal Register is withdrawn, all • Mail: OPP Docket, Environmental complete version of the comment that comments will be addressed in a Protection Agency Docket Center (EPA/ includes information claimed as CBI, a subsequent final rule based on this DC), (28221T), 1200 Pennsylvania Ave. copy of the comment that does not proposal. The EPA will not institute a NW, Washington, DC 20460–0001. contain the information claimed as CBI second comment period pertaining to • Hand Delivery: To make special must be submitted for inclusion in the the revisions on the subsequent final arrangements for hand delivery or public docket. Information so marked action. Any parties interested in delivery of boxed information, please will not be disclosed except in commenting should do so at this time. follow the instructions at http:// accordance with procedures set forth in The amendments to the regulatory www.epa.gov/dockets/contacts.html. 40 CFR part 2. text proposed in this notice are identical Additional instructions on commenting 2. Tips for preparing your comments. to the amendments made in the direct or visiting the docket, along with more When preparing and submitting your final rule published in the Rules and information about dockets generally, is comments, see the commenting tips at Regulations section of this Federal available at http://www.epa.gov/ http://www.epa.gov/dockets/ Register. For further supplementary dockets. comments.html. information and the rationale for the 3. Environmental justice. EPA seeks to FOR FURTHER INFORMATION CONTACT: proposal and the regulatory revisions, achieve environmental justice, the fair see the direct final rule published in the Michael Goodis, Registration Division treatment and meaningful involvement Rules and Regulations section of this (7505P), main telephone number: (703) of any group, including minority and/or Federal Register. 305–7090, email address: low-income populations, in the [email protected]; or Robert development, implementation, and II. Statutory and Executive Order McNally, Biopesticides and Pollution enforcement of environmental laws, Reviews Prevention Division (7511P), main regulations, and policies. To help For a complete discussion of the telephone number: (703) 305–7090, address potential environmental justice administrative requirements applicable email address: BPPDFRNotices@ issues, the Agency seeks information on to this action, see the direct final rule in epa.gov. The mailing address for each any groups or segments of the the Rules and Regulations section of this contact person is: Office of Pesticide population who, as a result of their Federal Register. Programs, Environmental Protection location, cultural practices, or other Agency, 1200 Pennsylvania Ave. NW, Dated: August 15, 2019. factors, may have atypical or Washington, DC 20460–0001. As part of Andrew R. Wheeler, disproportionately high and adverse the mailing address, include the contact Administrator. human health impacts or environmental person’s name, division, and mail code. effects from exposure to the pesticides [FR Doc. 2019–18240 Filed 8–29–19; 8:45 am] The division to contact is listed at the discussed in this document, compared BILLING CODE 6560–50–P end of each pesticide petition summary. to the general population. SUPPLEMENTARY INFORMATION: II. What action is the Agency taking? ENVIRONMENTAL PROTECTION I. General Information EPA is announcing receipt of a AGENCY A. Does this action apply to me? pesticide petition filed under section 40 CFR Parts 174 and 180 You may be potentially affected by 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, [EPA–HQ–OPP–2019–0041; FRL–9998–15] this action if you are an agricultural producer, food manufacturer, or requesting the establishment or modification of regulations in 40 CFR Receipt of a Pesticide Petition Filed for pesticide manufacturer. The following part 174 and part 180 for residues of Residues of Pesticide Chemicals in or list of North American Industrial pesticide chemicals in or on various on Various Commodities (July 2019) Classification System (NAICS) codes is food commodities. The Agency is taking not intended to be exhaustive, but rather AGENCY public comment on the request before : Environmental Protection provides a guide to help readers responding to the petitioner. EPA is not Agency (EPA). determine whether this document proposing any particular action at this ACTION: Notice of filing of petition and applies to them. Potentially affected time. EPA has determined that the request for comment. entities may include: • Crop production (NAICS code 111). pesticide petition described in this SUMMARY: This document announces the • Animal production (NAICS code document contains data or information Agency’s receipt of an initial filing of a 112). prescribed in FFDCA section 408(d)(2), pesticide petition requesting the • Food manufacturing (NAICS code 21 U.S.C. 346a(d)(2); however, EPA has establishment or modification of 311). not fully evaluated the sufficiency of the regulations for residues of pesticide • Pesticide manufacturing (NAICS submitted data at this time or whether chemicals in or on various commodities. code 32532). the data supports granting of the DATES: Comments must be received on pesticide petition. After considering the or before September 30, 2019. B. What should I consider as I prepare public comments, EPA intends to ADDRESSES: Submit your comments, my comments for EPA? evaluate whether and what action may identified by docket identification (ID) 1. Submitting CBI. Do not submit this be warranted. Additional data may be number by one of the following information to EPA through needed before EPA can make a final methods: regulations.gov or email. Clearly mark determination on this pesticide petition.
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Pursuant to 40 CFR 180.7(f), a metabolites is performed by liquid ultraviolet method (HPLC/UV) for summary of the petition that is the chromatography with tandem mass enforcing tolerances of novaluron subject of this document, prepared by spectrometry (LC/MS/MS). Contact: RD. residues in or on different matrices are the petitioner, is included in a docket 2. PP 8F8676. (EPA–HQ–OPP–2019– available. Contact: RD. EPA has created for this rulemaking. 0413). ISK Biosciences Corporation, 5. PP 9E8756. (EPA–HQ–OPP–2019– The docket for this petition is available 7470 Auburn Road, Suite A., Concord, 0383). Tea Association of the USA, Inc. at http://www.regulations.gov. OH 44077, requests to establish a 362 5th Ave—Suite 1002 New York, NY As specified in FFDCA section tolerance in 40 CFR part 180 for 10001, requests to establish a tolerance 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is residues of the herbicide tiafenacil, in 40 CFR part 180 for residues of the publishing notice of the petition so that including its metabolites and insecticide hexythiazox, (trans-5-(4- the public has an opportunity to degradates, in or on the following raw chlorophenyl)-N-cyclohexyl-4-methyl-2- comment on this request for the agricultural commodities: Corn, which oxothiazolidine-3-carboxamide) in or on establishment or modification of includes field corn and popcorn, at 0.01 imported tea at 15 ppm. The high- regulations for residues of pesticides in ppm; cottonseed subgroup 20C, gin performance liquid chromatography or on food commodities. Further byproducts at 3.0 ppm; cottonseed (HPLC) using mass spectrometric information on the petition may be subgroup 20C, undelinted seed at 0.5 detection (LC–MS/MS) analytical obtained through the petition summary ppm; grape at 0.01 ppm; grape, raisin at method is used to measure and evaluate referenced in this unit. 0.01 ppm; soybean seed at 0.01 ppm; the residues of hexythiazox and its and wheat grain at 0.01 ppm. The A. Amended Tolerance metabolites containing the (4- practical analytical method Liquid chlorophenyl)-4-methyl-2-oxo-3- 1. PP 9E8746. (EPA–HQ–OPP–2019– Chromatography-MS/MS is used to thiazolidine moiety. Contact: RD. 0249). Interregional Research Project measure and evaluate the chemical 6. PP 9E8768. (EPA–HQ–OPP–2019– No. 4 (IR–4), IR–4 Project Headquarters, tiafenacil and its metabolites. Contact: 0387). IR–4, IR–4 Project Headquarters, Rutgers, The State University of NJ, 500 RD. Rutgers, The State University of NJ, 500 College Road East, Suite 201 W, 3. PP 9E8745. (EPA–HQ–OPP–2019– College Road East, Suite 201 W, Princeton, NJ 08540, requests to amend 0233). IR–4, IR–4 Project Headquarters, Princeton, NJ 08540, requests to amend 40 CFR 180.653 by removing the Rutgers, The State University of NJ, 500 40 CFR part 180 by establishing a established tolerances of residues of the College Road East, Suite 201 W, tolerance for residues of acequinocyl, insecticide novaluron, including its Princeton, NJ 08540, requests to amend 33-dodecyl-1,4-dihydro-1,4-dioxo-2- metabolites and degradates, in or on the 40 CFR part 180 by establishing naphthyl acetate and its metabolite 2- following commodities: Brassica, head tolerances for residues of 2,4–D in or on dodecyl-3-hydroxy-1,4-naphthoquinone and stem, subgroup 5A at 0.50 parts per the raw agricultural commodity: expressed as acequinocyl equivalents in million (ppm); brassica, leafy greens, Wheatgrass, intermediate, bran at 4.0 or on the raw agricultural commodities subgroup 5B at 25 ppm; cotton, ppm; wheatgrass, intermediate, grain at bushberry subgroup 13–07B at 3 ppm. undelinted seed at 0.60 ppm; turnip, 2.0 ppm; wheatgrass, intermediate, The analytical method to quantitate greens at 25 ppm; and vegetable, straw at 50 ppm; and to establish an residues of acequinocyl and fruiting, group 8–10 at 1.0 ppm. inadvertent tolerance for sesame, seed at acequinocyl-OH in/on fruit crops Contact: RD. 0.1 ppm. An adequate gas utilizes HPLC using mass spectrometric B. New Tolerances for Non-Inerts chromatography/electron capture (MS/MS) detection. The target limit of detector (GC/ECD) enforcement method quantitation (LOQ) is 0.01 ppm. 1. PP 8E8707. (EPA–HQ–OPP–2019– for plants (designated as EN–CAS Contact: RD. 0385). BASF Corporation, P.O. Box Method No. ENC–2/93) which has been 13528, Research Triangle Park, NC independently validated. Adequate Authority: 21 U.S.C. 346a. 27709, requests to establish tolerances radiovalidation data have been Dated: August 22, 2019. in 40 CFR part 180 for residues of the submitted and evaluated for the Delores Barber, insecticide, metaflumizone in or on enforcement method using samples imported apple at 1.0 ppm; apple, wet Director, Information Technology and from the wheat metabolism study. Resources Management Division, Office of pomace at 3.0 ppm; coffee at 0.15 ppm, Contact: RD. Pesticide Programs. melon subgroup 9A at 1.0 ppm; fruit, 4. PP 9E8746. (EPA–HQ–OPP–2019– [FR Doc. 2019–18834 Filed 8–29–19; 8:45 am] small, vine climbing, except fuzzy kiwi 0249). IR–4, IR–4 Project Headquarters, BILLING CODE 6560–50–P fruit, subgroup 13–07F at 5.0 ppm; Rutgers, The State University of NJ, 500 grape, raisin at 10 ppm, cattle, fat at 0.05 College Road East, Suite 201 W, ppm; goat, fat at 0.05 ppm; horse, fat at Princeton, NJ 08540, requests to amend FEDERAL COMMUNICATIONS 0.05 ppm; lemon/lime subgroup 10–10B 40 CFR part 180.598 by establishing the COMMISSION at 3.0 ppm; lemon/lime subgroup 10– tolerances for residues of the insecticide 10B, oil at 42 ppm; milk fat at 0.1 ppm; novaluron, including its metabolites and 47 CFR Part 76 orange subgroup 10–10A at 3.0 ppm; degradates, in or on the following orange subgroup 10–10A, oil at 42 ppm; commodities: Brassica, leafy greens, [MB Docket Nos. 17–317, 17–105; FCC 19– and sheep, fat at 0.05 ppm. The BASF subgroup 4–16B at 25 ppm; cottonseed 69] Analytical method used is No. 531/1 subgroup 20C at 0.6 ppm; kohlrabi at 0.7 Electronic Delivery of MVPD was developed to determine residues of ppm; sunflower subgroup 20B at 0.07 Communications; Modernization of metaflumizone and its metabolites ppm; tropical and subtropical, small Media Regulation Initiative (M320I04 and M320I23) in crop fruit, inedible peel, subgroup 24A at 9 matrices. In this method, residues of ppm; vegetable, brassica, head and AGENCY: Federal Communications metaflumizone are extracted from plant stem, group 5–16 at 0.7 ppm; vegetable, Commission. matrices with methanol/water (70:30; v/ fruiting, group 8–10 at 1.5 ppm. An ACTION: Proposed rule. v) and then partitioned into adequate analytical enforcement dichloromethane. The final method, GC/ECD, and a high- SUMMARY: In this document, the determination of metaflumizone and its performance liquid chromatography/ Commission addresses how to
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modernize the carriage election process available electronically via the search under our current rules. See 47 CFR for entities that do not have a public file function on the FCC’s Electronic 76.64(h), 76.55(d). In addition, all or Cable Operations and Licensing Document Management System broadcasters must continue to send their System (COALS) account. These entities (EDOCS) web page at https:// carriage elections via certified mail to were excluded in the Commission’s apps.fcc.gov/edocs_public/. The any Excluded Entity MVPD for which Report & Order, published elsewhere in complete document is available for they are unable to locate a public file or this issue of the Federal Register, that inspection and copying in the FCC COALS account. modernizes the carriage election notice Reference Information Center, 445 12th 2. As with other broadcasters and rules by permitting broadcasters to post Street SW, Room CY–A257, MVPDs, we believe that Excluded their carriage elections online and send Washington, DC 20554 (for hours of Entities would have no difficulty notices to covered multichannel video operation, see https://www.fcc.gov/ establishing an email address and phone programming distributors (MVPDs) by general/fcc-reference-information- number to use for carriage-related email only when first electing carriage center). To request materials in communications. Given that they do not or changing their carriage election status accessible formats for people with currently maintain accounts in either from must carry to retransmission disabilities (Braille, large print, COALS or the online public file system, consent or vice versa. electronic files, audio format), send an however, they would need to establish DATES: Submit comments on or before email to [email protected] (mail to: a means to publicize this contact September 30, 2019; reply comments on [email protected]) or call the FCC’s information. For example, we could or before October 15, 2019. Consumer and Governmental Affairs require Excluded Entities to establish and maintain a very narrow online ADDRESSES: You may submit comments, Bureau at (202) 418–0530 (voice), (202) public file solely for carriage-related identified by MB Docket Nos. 17–317 418–0432 (TTY). information. Excluded Entities also and 17–105, by any of the following Synopsis could simply post any required public- methods: facing information (i.e., any information • Federal Communications Further Notice of Proposed Rulemaking that would otherwise be provided on Commission’s Website: http:// 1. In this Further Notice of Proposed COALS or the online public file system) fjallfoss.fcc.gov/ecfs2/. Electronic Filers: Rulemaking, we seek comment on on the ‘‘first page’’ of a company Comments may be filed electronically whether and how to apply the new website. We seek comment on these using the internet by accessing the carriage election notification rules options. Are there other options that ECFS: http://fjallfoss.fcc.gov/ecfs2/. adopted in the Report and Order • Paper Filers: Parties who choose to would provide the public and other published elsewhere in this issue of the parties similar access to this important file by paper must file an original and Federal Register to certain broadcast information at minimal cost and with one copy of each filing. All filings must stations and covered MVPDs. As minimal burden? Or, should we simply be addressed to the Commission’s discussed in the Order, the rules we maintain the status quo with respect to Secretary, Office of the Secretary, adopt require the use of the online this small class of broadcasters and Federal Communications Commission. public file and/or COALS. These MVPDs? All hand-delivered or messenger- Commission-maintained databases are delivered paper filings for the accessible to the public and used by Procedural Matters Commission’s Secretary must be most, but not all, broadcasters and 3. Paperwork Reduction Act Analysis. delivered to FCC Headquarters at 445 MVPDs. For example, certain qualified This FNPRM contains information 12th St. SW, Room TW–A325, low power TV broadcasters are eligible collection requirements subject to the Washington, DC 20554. to demand carriage on local cable • Paperwork Reduction Act of 1995 Commercial overnight mail (other systems (though not on DBS providers), (PRA), Public Law 104–13. The Office of than U.S. Postal Service Express Mail but are not required to maintain online Management and Budget (OMB), the and Priority Mail) must be sent to 9050 public files. Similarly, OVS providers general public, and other Federal Junction Drive, Annapolis Junction, MD are subject to mandatory carriage agencies are invited to comment on the 20701. U.S. Postal Service first-class, obligations but are not required to information collection requirements Express, and Priority mail must be maintain public inspection files or to contained in this proceeding. In addressed to 445 12th Street SW, use COALS. We seek comment on how addition, we note that, pursuant to the Washington, DC 20554. to extend the modernization of our rules Small Business Paperwork Relief Act of People with Disabilities: To request to reach the entities that do not use 2002, Public Law 107–198, see 44 U.S.C. materials in accessible formats for these databases (the Excluded Entities), 3506(c)(4), the Commission seeks people with disabilities (braille, large which no commenters have addressed specific comment on how it might print, electronic files, audio format), to date in this proceeding. Some entities further reduce the information send an email to [email protected] or call that are not required to use COALS or collection burden for small business the Consumer & Governmental Affairs maintain an online public file concerns with fewer than 25 employees. Bureau at 202–418–0530 (voice), 202– nonetheless do so voluntarily. We 418–0432 (TTY). expect, and permit, any entity Initial Regulatory Flexibility Analysis FOR FURTHER INFORMATION CONTACT: Lyle voluntarily using these systems to 4. As required by the Regulatory Elder, [email protected], 202–418– voluntarily comply with the new Flexibility Act of 1980, as amended 2120, or Varsha Mangal, election notice process adopted today. (RFA), the Commission has prepared [email protected], 202–418–0073. Pending the resolution of these open this present Initial Regulatory SUPPLEMENTARY INFORMATION: This is a questions, the existing carriage election Flexibility Analysis (IRFA) concerning summary of the Commission’s Further rules will continue to apply to these the possible significant economic Notice of Proposed Rulemaking Excluded Entities. This means that TV impact on small entities by the policies (FNPRM), FCC 19–69, in MB Docket stations that do not have an online and rules proposed in the FNPRM. Nos. 17–317, 17–105, adopted on July public file will continue to send carriage Written public comments are requested 10, 2019, and released on July 11, 2019. election notices to covered MVPDs via on this IRFA. Comments must be The complete text of this document is certified mail in the manner required identified as responses to the IRFA and
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must be filed by the deadlines for addition, under the Commission’s rules, that the Commission has certified some comments provided on the first page of a ‘‘small system’’ is a cable system OVS operators, with some now the NPRM. The Commission will send serving 15,000 or fewer subscribers. providing service. Broadband service a copy of the FNPRM, including this Industry data indicate that, of 6,635 providers (‘‘BSPs’’) are currently the IRFA, to the Chief Counsel for Advocacy systems nationwide, 5,802 systems have only significant holders of OVS of the Small Business Administration under 10,000 subscribers, and an certifications or local OVS franchises. (SBA). In addition, the FNPRM and additional 302 systems have 10,000– The Commission does not have IRFA (or summaries thereof) will be 19,999 subscribers. Thus, under this financial or employment information published in the Federal Register. second size standard, the Commission regarding the entities authorized to 5. Need for, and Objectives of, the believes that most cable systems are provide OVS, some of which may not Proposed Rules. The Report and Order, small. yet be operational. Thus, at least some published elsewhere in this issue of the 9. Cable System Operators. The Act of the OVS operators may qualify as Federal Register, modernizes the also contains a size standard for small small entities. The Commission further triennial election notification process cable system operators, which is ‘‘a notes that it has certified approximately for broadcasters and MVPDs that cable operator that, directly or through 45 OVS operators to serve 116 areas, maintain public files or a COALS an affiliate, serves in the aggregate fewer and some of these are currently account. However, some cable operators than 1 percent of all subscribers in the providing service. Affiliates of and broadcasters (Excluded Entities) are United States and is not affiliated with Residential Communications Network, not required to maintain public files or any entity or entities whose gross Inc. (RCN) received approval to operate a COALS account and are therefore annual revenues in the aggregate exceed OVS systems in New York City, Boston, unable to benefit from the new rules in $250,000,000.’’ The Commission has Washington, DC, and other areas. RCN that rulemaking. The FNPRM’s objective determined that an operator serving has sufficient revenues to assure that is to modernize the carriage election for fewer than 677,000 subscribers shall be they do not qualify as a small business these Excluded Entities so that they can deemed a small operator, if its annual entity. Little financial information is be relieved of the same burdens caused revenues, when combined with the total available for the other entities that are by sending election notifications via annual revenues of all its affiliates, do authorized to provide OVS and are not certified mail as discussed in the Report not exceed $250 million in the yet operational. Given that some entities and Order. aggregate. Industry data indicate that, of authorized to provide OVS service have 6. Legal Basis. The proposed action is 1,076 cable operators nationwide, all not yet begun to generate revenues, the authorized pursuant to sections 1, 4(i), but 10 are small under this size Commission concludes that up to 44 4(j), 325, 338, 614, 615, and 653 of the standard. We note that the Commission OVS operators (those remaining) might Communications Act of 1934, as neither requests nor collects information qualify as small businesses that may be amended, 47 U.S.C. 151, 154(i), 154(j), on whether cable system operators are affected by the rules and policies 325, 338, 534, 535, and 573. affiliated with entities whose gross adopted herein. 7. Description and Estimate of the annual revenues exceed $250 million, Number of Small Entities to Which the and therefore we are unable to estimate 11. Satellite Master Antenna Proposed Rules Will Apply. The RFA more accurately the number of cable Television (SMATV) Systems, also directs agencies to provide a description system operators that would qualify as known as Private Cable Operators of, and where feasible, an estimate of small under this size standard. (PCOs). SMATV systems or PCOs are the number of small entities that may be 10. Open Video Services. Open Video video distribution facilities that use affected by the proposed rules, if Service (OVS) systems provide closed transmission paths without using adopted. The RFA generally defines the subscription services. The open video any public right-of-way. They acquire term ‘‘small entity’’ as having the same system framework was established in video programming and distribute it via meaning as the terms ‘‘small business,’’ 1996, and is one of four statutorily terrestrial wiring in urban and suburban ‘‘small organization,’’ and ‘‘small recognized options for the provision of multiple dwelling units such as governmental jurisdiction.’’ In addition, video programming services by local apartments and condominiums, and the term ‘‘small business’’ has the same exchange carriers. The OVS framework commercial multiple tenant units such meaning as the term ‘‘small business provides opportunities for the as hotels and office buildings. SMATV concern’’ under the Small Business Act. distribution of video programming other systems or PCOs are now included in A small business concern is one which: than through cable systems. Because the SBA’s broad economic census (1) Is independently owned and OVS operators provide subscription category, ‘‘Wired Telecommunications operated; (2) is not dominant in its field services, OVS falls within the SBA Carriers,’’ which was developed for of operation; and (3) satisfies any small business size standard covering small wireline firms. Although SMATV additional criteria established by the cable services, which is ‘‘Wired systems often use DBS video SBA. Below, we provide a description of Telecommunications Carriers.’’ The programming as part of their service such small entities, as well as an SBA has developed a small business package to subscribers, they are not estimate of the number of such small size standard for this category, which is: included in section 340’s definition of entities, where feasible. All such firms having 1,500 or fewer ‘‘satellite carrier.’’ Under this category, 8. Cable Companies and Systems employees. To gauge small business the SBA deems a wireline business to be (Rate Regulation Standard). The prevalence for the OVS service, the small if it has 1,500 or fewer employees. Commission has also developed its own Commission relies on data currently Census data for 2012 indicate that in small business size standards, for the available from the U.S. Census for the that year there were 3,117 firms purpose of cable rate regulation. Under year 2012. According to that source, operating businesses as wired the Commission’s rules, a ‘‘small cable there were 3,117 firms that in 2012 were telecommunications carriers. Of that company’’ is one serving 400,000 or Wired Telecommunications Carriers. Of 3,117, 3,059 operated with 999 or fewer fewer subscribers, nationwide. Industry these, 3,059 operated with less than employees. Based on this data, we data indicate that, of 1,076 cable 1,000 employees. Based on this data, the estimate that a majority of operators of operators nationwide, all but 11 are majority of these firms can be SMATV/PCO companies were small small under this size standard. In considered small. In addition, we note under the applicable SBA size standard.
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12. Television Broadcasting. This of small businesses to which rules may cable operators may already have a Economic Census category ‘‘comprises apply does not exclude any television website and therefore posting an email establishments primarily engaged in station from the definition of a small address and phone number on the front broadcasting images together with business on this basis and is therefore page of an already existing website sound.’’ These establishments operate possibly over-inclusive. might impose a negligible burden. television broadcast studios and 15. There are also 417 Class A Furthermore, the proposed rules will facilities for the programming and stations. Given the nature of these relieve them of the much more onerous transmission of programs to the public. services, including their limited ability burden of searching for the contact These establishments also produce or to cover the same size geographic areas information of several MVPDs and transmit visual programming to as full power stations thus restricting mailing their carriage election notice to affiliated broadcast television stations, their ability to generate similar levels of the MVPDs via certified mail. which in turn broadcast the programs to revenue, we will presume that these 19. Federal Rules that May Duplicate, the public on a predetermined schedule. licensees qualify as small entities under Overlap, or Conflict with the Proposed Programming may originate in their own the SBA definition. In addition, there Rule. None. studio, from an affiliated network, or are 1,968 LPTV stations and 3,776 TV from external sources. The SBA has translator stations. Given the nature of Ordering Clauses created the following small business these services as secondary and in some 20. It is further ordered that, pursuant size standard for such businesses: Those cases purely a ‘‘fill-in’’ service, we will to the authority found in sections 1, 4(i), having $38.5 million or less in annual presume that all of these entities qualify 4(j), 325, 338, 614, 615, and 653 of the receipts. The 2012 Economic Census as small entities under the above SBA Communications Act of 1934, as reports that 751 firms in this category small business size standard. amended, 47 U.S.C. 151, 154(i), 154(j), operated in that year. Of this number, 16. Description of Projected 325, 338, 534, 535, and 573 this Notice 656 had annual receipts of $25 million Reporting, Recordkeeping, and Other of Proposed Rulemaking is adopted. or less, 25 had annual receipts between Compliance Requirements. The Report 21. It is further ordered that the $25 million and $49,999,999, and 70 and Order significantly reduces the Commission’s Consumer and had annual receipts of $50 million or reporting and recordkeeping obligations Governmental Affairs Bureau, Reference more. Based on this data we therefore for broadcasters and MVPDs that Information Center, shall send a copy of estimate that the majority of commercial maintain a public file. The FNPRM the Report and Order, including the television broadcasters are small entities seeks to find a method to similarly Initial and Final Regulatory Flexibility under the applicable SBA size standard. reduce these burdens for certain Analyses, to the Chief Counsel for 13. The Commission has estimated broadcasters and cable operators that do Advocacy of the Small Business the number of licensed commercial not maintain a public file (Excluded Administration. television stations to be 1,384. Of this Entities). We believe we can lessen the total, 1,264 stations had revenues of burden on the Excluded Entities by Federal Communications Commission. $38.5 million or less, according to perhaps requiring them to maintain a Katura Jackson, Commission staff review of the BIA very narrow public file to post their Federal Register Liaison Officer, Office of the Kelsey Inc. Media Access Pro Television contact information or to simply post Secretary. Database (BIA) on February 24, 2017, the information on the ‘‘first page’’ of a [FR Doc. 2019–18528 Filed 8–29–19; 8:45 am] and therefore these licensees qualify as company website. BILLING CODE 6712–01–P small entities under the SBA definition. 17. Steps Taken to Minimize In addition, the Commission has Significant Economic Impact on Small estimated the number of licensed Entities and Significant Alternatives DEPARTMENT OF COMMERCE noncommercial educational (NCE) Considered. The RFA requires an television stations to be 394. The agency to describe any significant National Oceanic and Atmospheric Commission, however, does not compile alternatives that it has considered in Administration and otherwise does not have access to reaching its proposed approach, which information on the revenue of NCE may include the following four 50 CFR Part 660 alternatives (among others): ‘‘(1) the stations that would permit it to RIN 0648–BI35 determine how many such stations establishment of differing compliance or would qualify as small entities. reporting requirements or timetables Magnuson-Stevens Act Provisions; 14. We note, however, that in that take into account the resources Fisheries off West Coast States; assessing whether a business concern available to small entities; (2) the Pacific Coast Groundfish Fishery; qualifies as ‘‘small’’ under the above clarification, consolidation, or Pacific Coast Groundfish Fishery definition, business (control) affiliations simplification of compliance and Management Plan; Amendment 21–4; must be included. Our estimate, reporting requirements under the rule Trawl Catch Share Program therefore, likely overstates the number for such small entities; (3) the use of of small entities that might be affected performance, rather than design AGENCY: National Marine Fisheries by our action, because the revenue standards; and (4) an exemption from Service (NMFS), National Oceanic and figure on which it is based does not coverage of the rule, or any part thereof, Atmospheric Administration (NOAA), include or aggregate revenues from for small entities.’’ Commerce. affiliated companies. In addition, 18. The majority of the Excluded ACTION: Announcement of availability of another element of the definition of Entities are small entities. We are fishery management plan amendment; ‘‘small business’’ requires that an entity considering a variety of possibilities to request for comments. not be dominant in its field of operation. minimize the economic impact on small We are unable at this time to define or entities, as the FNPRM is specifically SUMMARY: NMFS announces that the quantify the criteria that would seeking proposals and information to Pacific Fishery Management Council establish whether a specific television understand what will be easiest and submitted Amendment 21–4 to the broadcast station is dominant in its field most convenient for these small entities. Pacific Coast Groundfish Fishery of operation. Accordingly, the estimate For example, small broadcasters and Management Plan to the Secretary of
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Commerce for review. If approved, A’’ in the required fields if you wish to public input received during the Amendment 21–4 would adjust the remain anonymous). comment period in determining Pacific Coast Groundfish Fishery Catch Information relevant to Amendment whether to approve, partially approve, Share Program to complete outstanding 21–4, which includes two memos or disapprove Amendment 21–4 to the elements of the program, respond to categorically excluding this action from Pacific Coast Groundfish FMP. problems identified after program further National Environmental Amendment 21–4 proposes changing implementation, and modify outdated Protection Act review, a regulatory the bycatch allocation for canary and regulations. The proposed Amendment impact review (RIR), and an initial widow rockfish to set-asides in the at- would convert bycatch allocations of regulatory flexibility analysis (RFA) are sea whiting sectors and removing canary and widow rockfish to set-asides available for public review during formulas for determining amounts of in the at-sea whiting fishery and remove business hours at the NMFS West Coast expected bycatch in the at-sea whiting fixed formulas used to determine Regional Office at 7600 Sand Point Way sectors for three species: Pacific ocean bycatch amounts of Pacific Ocean Perch, NE, Seattle, WA 98115, or by requesting perch (POP), darkblotched rockfish, and darkblotched rockfish and widow them via phone or the email address widow rockfish. This change would rockfish in the at-sea whiting sectors. listed in the FOR FURTHER INFORMATION allow the at-sea whiting sector to more Bycatch amounts would instead be CONTACT section. Copies of additional efficiently harvest its full allocation determined through the biennial harvest reports referred to in this document may through set-aside management of specification process, which would offer also be obtained from the Pacific constraining bycatch species. more flexible bycatch management for Fishery Management Council. The proposed rule implementing the the at-sea sectors. The proposed rule proposed FMP amendment also Electronic Access implementing this proposed FMP includes several follow-on action amendment includes other regulatory FMP Amendment 21–4, background adjustments to regulations for the changes which would provide increased information and documents are Pacific Coast Groundfish Catch Share opportunity to trade individual fishing available at the Pacific Fishery Program to complete outstanding quota, accumulation limits for catcher- Management Council website at http:// elements of the program, respond to processor permits, and expand www.pcouncil.org/groundfish/fishery- problems identified after program economic data collections. The rule will management-plan/groundfish- implementation, and modify outdated help to ensure the Pacific Coast amendments-in-development/. regulations. These changes would Groundfish fishery achieves optimum Additional background documents are improve the quota trading system to yield, minimize costs of participation, available at the NMFS West Coast increase overall fishing quota utilization provide fair and equitable access to Region website at http:// for the shorebased IFQ sector; ensure fishery resources, and avoid adverse www.westcoast.fisheries.noaa.gov/ fair and equitable access to fishery economic impacts to fishing fisheries/groundfish/index.html. resources in the event the C/P co-op dissolves; and provide a more complete communities. FOR FURTHER INFORMATION CONTACT: socio-economic evaluation of Catch Colin Sayre, phone: 206–526–4656, or DATES: Comments on Amendment 21–4 Share program performance. must be received on or before October email: [email protected]. 29, 2019. SUPPLEMENTARY INFORMATION: NMFS Proposed FMP Amendment: At-Sea ADDRESSES: You may submit comments manages the groundfish fisheries in the Whiting Fishery Bycatch Needs and Set- on this document, identified by NOAA– exclusive economic zone off Aside Management NMFS–2019–0106, by any of the Washington, Oregon, and California The proposed FMP amendment following methods; under the Pacific Coast Groundfish would adjust how bycatch allocations • Electronic Submission: Submit all Fishery Management Plan (FMP). The for darkblotched rockfish, Pacific ocean electronic public comments via the Pacific Fishery Management Council perch (POP), canary rockfish, and Federal e-Rulemaking Portal. Go to (Council) prepared and NMFS widow rockfish the at-sea whiting www.regulations.gov/ implemented the Pacific Coast fishery are set and managed. The 2018 #!docketDetail;D=NOAA-NMFS-2019- Groundfish FMP under the authority of final rule implementing Amendment 0106, click the ‘‘Comment Now!’’ icon, the Magnuson-Stevens Fishery 21–3 (January 8, 2018; 83 FR 757) complete the required fields, and enter Conservation and Management Act converted formal ‘‘hard cap’’ bycatch or attach your comments. (Magnuson-Stevens Act), 16 U.S.C. 1801 allocations of darkblotched and POP in • Mail: Submit written comments to et seq. and through regulations at 50 at-sea whiting sectors to set-asides, Barry A. Thom., Regional CFR parts 600 and 660. which are an off the top deductions of Administrator, 7600 Sand Point Way The Magnuson-Stevens Act requires expected bycatch from the annual catch NE, Seattle, WA 98115. each regional fishery management limits (ACL) for the at-sea sectors. The Instructions: Comments sent by any council to submit any federal proposed FMP amendment would other method, to any other address or management plan (FMP) or plan convert formal bycatch allocations of individual, or received after the end of amendment to NMFS for review and canary and widow rockfish to set-asides the comment period, may not be approval, disapproval, or partial in the at-sea whiting fishery as well as considered by NMFS. All comments approval by the Secretary of Commerce. remove existing formulas used to received are a part of the public record The Magnuson-Stevens Act also determine set-aside amounts of and will generally be posted for public requires that NMFS, upon receiving an darkblotched rockfish, POP, and widow viewing on www.regulations.gov FMP or amendment, immediately rockfish. The Council would instead without change. All personal identifying publish notification that the FMP or determine set-aside amounts biennially information (e.g., name, address, etc.), amendment is available for public as part of the Pacific Coast Groundfish confidential business information, or review and comment. This document harvest specifications. If a sector otherwise sensitive information announces that Amendment 21–4 to the exceeds its set-aside amount the fishery submitted voluntarily by the sender will Pacific Coast Groundfish FMP is would not be subject to automatic be publicly accessible. NMFS will available for public review and closure. Instead, NMFS would have the accept anonymous comments (enter ‘‘N/ comment. NMFS will consider the authority to take routine inseason action
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when a set-aside is exceeded to prevent account owners would be allowed to permit owners that do not also own, risk of exceeding other key harvest cover QP deficits that exceed the annual charter or lease a vessel, shorebased guidelines. Routine inseason actions vessel limit for a given stock. This processor or first receiver site to submit include temporary area closures, and action would also eliminate the participation and quota cost/earning other temporary effort restrictions that September 1st expiration deadline for information through a subset of the would prevent overfishing of bycatch QP that have not been transferred from Catch Share Economic Data Collection stocks, but allow the Pacific whiting quota share accounts to vessel accounts. program. The new economic data sectors to harvest their full allocation. These changes would provide collections would allow managers to The Council recommended these shorebased IFQ participants greater better evaluate Catch Share program management measures to reduce the risk flexibility and economic efficiency to performance. of the at-sea Pacific whiting sectors not fully utilize IFQ issued each year. NMFS welcomes comments on the attaining their respective whiting B. Catcher Processor (C/P) Sector proposed FMP amendment through the allocations because of fishery closures Accumulation Limits end of the comment period. NMFS to limit incidental catch of widow, submitted a proposed rule to implement canary, darkblotched rockfish or POP. This action would set accumulation Amendment 21–4 and associated The proposed FMP amendment is limits for the Catcher Processor (C/P) co- actions for Secretarial review and intended to allow the Council increased op sector. The proposed rule would approval, and expects to publish and flexibility to adjust bycatch limits limit individuals or entities to owning request public review and comment on inseason for the at-sea whiting sectors or controlling a maximum of five C/P proposed regulations to implement within annual catch limits and harvest endorsed permits. Accumulation limits Amendment 21–4 and associated guidelines, address specific needs of the would become effective only in the actions in the near future. For public sector in a timely manner, and allow event the current cooperative comments on the proposed rule to be full attainment of at-sea whiting management structure for the at-sea considered in the approval or allocations by reducing the risk of C/P sector dissolves and an IFQ program automatic closure. is implemented. disapproval decision on Amendment 21–4, those comments must be received Proposed Follow-On Action Regulatory C. New Data Collections by the end of the comment period on Changes This action would require new data the amendment. All comments received The proposed rule implementing collections from C/P permit owners and by the end of the comment period for Amendment 21–4 also includes the Quota Share permit owners. C/P the amendment, whether specifically following regulatory changes: endorsed permit owners would be directed to the amendment or the required to complete trawl ownership proposed rule, will be considered in the A. Shorebased IFQ Trawl Sector Quota interest forms currently required during approval/disapproval decision. Trading annual renewal of Catcher Vessel and Authority: 16 U.S.C. 1801 et seq. This action would allow the Mothership permits. Catcher Vessels, shorebased individual fishing quota Motherships, and shorebased processors Dated: August 27, 2019. (IFQ) sector to trade unused quota are currently required to respond to this Jennifer M. Wallace, pounds (QP) after the end of a fishing data collection. This requirement is Acting Director, Office of Sustainable year to cover deficits from the previous necessary to monitor compliance with Fisheries, National Marine Fisheries Service. fishing year. In covering deficits after accumulation limits. The proposed [FR Doc. 2019–18794 Filed 8–29–19; 8:45 am] the end of the fishing year, vessel action would also require Quota Share BILLING CODE 3510–22–P
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Notices Federal Register Vol. 84, No. 169
Friday, August 30, 2019
This section of the FEDERAL REGISTER list of species of conservation concern attempt to verify the identity of the contains documents other than rules or for the Chugach National Forest can be objector to confirm objection eligibility; proposed rules that are applicable to the obtained online at: https:// (2) Signature or other verification of public. Notices of hearings and investigations, www.fs.usda.gov/project/ authorship upon request (a scanned committee meetings, agency decisions and ?project=40816, or at the following signature for electronic mail may be rulings, delegations of authority, filing of petitions and applications and agency office: Chugach National Forest filed with the objection); statements of organization and functions are Supervisor’s Office, 161 E 1st Ave, Door (3) Identification of the lead objector, examples of documents appearing in this 8, Anchorage, AK 99501, Phone: (907) when multiple names are listed on an section. 743–9500. objection. The Forest Service will Objections must be submitted to the communicate to all parties to an Objection Reviewing Officer by one of objection through the lead objector. DEPARTMENT OF AGRICULTURE the following methods: Verification of the identity of the lead • Via regular mail, carrier, or hand objector must also be provided if Forest Service delivery to the following address: USDA requested; Forest Service, Attn: Objection (4) The name of the plan, plan Chugach National Forest; Alaska; Reviewing Officer, Alaska Region, 709 amendment, or plan revision being Revision of the Land Management Plan W 9th Street, Juneau, AK 99801, or P.O. objected to, and the name and title of for the Chugach National Forest Box 21628, Juneau, AK 99801. Note that the responsible official; AGENCY: Forest Service, USDA. the office hours for submitting a hand- (5) A statement of the issues and/or ACTION: Notice of opportunity to object delivered objection are 8:00 a.m. to 4:30 parts of the plan, plan amendment, or to the revised Land Management Plan p.m., Alaska Time, Monday through plan revision to which the objection for the Chugach National Forest. Friday, excluding Federal holidays. applies; • Via fax to (907) 586–7840. Faxes (6) A concise statement explaining the SUMMARY: The Forest Service is revising must be addressed to ‘‘Objection objection and suggesting how the draft the Chugach National Forest’s Land Reviewing Officer.’’ The fax coversheet plan decision may be improved. If the Management Plan (Forest Plan). The should specify the number of pages objector believes that the plan, plan Forest Service has prepared a Final being submitted. amendment, or plan revision is • Environmental Impact Statement (FEIS) Electronically to the Objection inconsistent with law, regulation, or for its revised Forest Plan and a draft Reviewing Officer via the CARA policy, an explanation should be Record of Decision (ROD). This notice is objection web form: https:// included; to inform the public that the Chugach cara.ecosystem-management.org/ (7) A statement that demonstrates the National Forest is initiating a 60-day Public//CommentInput?Project=40816. link between the objector’s prior period where individuals or entities Electronic submissions must be substantive formal comments and the with specific concerns about the submitted in a format (Word, PDF, or content of the objection, unless the Chugach National Forest’s revised Rich Text) that is readable and objection concerns an issue that arose Forest Plan and the associated FEIS may searchable with optical character after the opportunities for formal file objections for Forest Service review recognition software. comment; and prior to the approval of the revised FOR FURTHER INFORMATION CONTACT: (8) All documents referenced in the Forest Plan. This is also an opportunity Chugach National Forest’s Revision objection (a bibliography is not to object to the Regional Forester’s list Team Leader, Sue Jennings at (907) 789– sufficient), except the following need of species of conservation concern for 6238 or [email protected]. not be provided: the Chugach National Forest. Individuals who use telecommunication a. All or any part of a Federal law or DATES: The Chugach National Forest’s devices for the deaf (TDD) may call the regulation, revised Forest Plan, FEIS, draft ROD, Federal Information Relay Service b. Forest Service Directive System species of conservation concern list, and (FIRS) at 1–800–877–8339 between 8:00 documents and land management plans other supporting information will be a.m. and 8:00 p.m., Eastern Time, or other published Forest Service available for review at: https:// Monday through Friday. documents, www.fs.usda.gov/project/ SUPPLEMENTARY INFORMATION: The c. Documents referenced by the Forest ?project=40816. The publication date of decision to approve the revised Forest Service in the planning documentation the legal notice in the Chugach National Plan for the Chugach National Forest related to the proposal subject to Forest’s newspapers of record, and the Regional Forester’s list of objection, and Anchorage Daily News and Cordova species of conservation concern for the d. Formal comments previously Times (Alaska), initiates the 60-day Chugach National Forest will be subject provided to the Forest Service by the objection period and is the exclusive to the objection process identified in 36 objector during the proposed plan, plan means for calculating the time to file an CFR part 219 Subpart B (219.50 to amendment, or plan revision comment objection (36 CFR 219.52(c)(5)). An 219.62). An objection must include the period. electronic scan of the legal notice with following (36 CFR 219.54(c)): It is the responsibility of the objector the publication date will be posted at (1) The objector’s name and address to ensure that the reviewing officer the link above. along with a telephone number or email receives the objection in a timely ADDRESSES: Copies of the Chugach address if available—in cases where no manner. The regulations prohibit National Forest’s revised Forest Plan, identifiable name is attached to an extending the length of the objection FEIS, draft ROD, and Regional Forester’s objection, the Forest Service will filing period.
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Responsible Official responsible official (36 CFR nominations of veterinary service 219.56(e)(2)). shortage situations for the Veterinary The responsible official who will Medicine Loan Repayment Program approve the ROD and the revised Forest Dated: August 13. 2019. Richard A. Cooksey, (VMLRP) for fiscal years (FY) 2020– Plan for the Chugach National Forest is 2022, as authorized under the National Jeff E. Schramm, Forest Supervisor, Acting Associate Deputy Chief, National Forest System. Veterinary Medical Services Act Chugach National Forest, Chugach (NVMSA). This notice initiates the [FR Doc. 2019–18795 Filed 8–29–19; 8:45 am] National Forest Supervisor’s Office, 161 nomination period for FY 2020 and E. 1st Ave, Door 8, Anchorage, AK BILLING CODE 3411–15–P prescribes the procedures and criteria to 99501, and Phone: (907) 743–9500. The be used by eligible nominating officials responsible official for the list of species DEPARTMENT OF AGRICULTURE (State, Insular Area, DC and Federal of conservation concern is David Lands) to nominate veterinary shortage Schmid, Regional Forester, USDA Forest National Institute of Food and situations for fiscal years 2020–2022. Service Alaska Region, 709 W. 9th Agriculture Each year all eligible nominating Street, Juneau, AK 99801. officials may submit nominations, up to The Regional Forester is the reviewing Solicitation of Veterinary Shortage the maximum indicated for each entity officer for the revised Forest Plan since Situation Nominations for the in this notice. NIFA is conducting this the Forest Supervisor is the responsible Veterinary Medicine Loan Repayment solicitation of veterinary shortage official (36 CFR 219.56(e)(2)). The Program (VMLRP) situation nominations under an approved information collection (OMB decision to approve the species of AGENCY: National Institute of Food and Control Number 0524–0050). conservation concern list will be subject Agriculture, USDA. to a separate objection process. The ACTION: Notice and solicitation for DATES: Shortage situation nominations Chief of the Forest Service is the nominations. must be submitted between the first reviewing officer for species of Monday in October and the second conservation concern identification SUMMARY: The National Institute of Food Monday in November in each relevant since the Regional Forester is the and Agriculture (NIFA) is soliciting fiscal year.
Fiscal year First day to submit shortage nominations Last day to submit shortage nominations
2020 ...... October 7, 2019 ...... November 11, 2019. 2021 ...... October 5, 2020 ...... November 9, 2020. 2022 ...... October 4, 2021 ...... November 8, 2021.
ADDRESSES: Submissions must be made maldistributions in the veterinary maldistribution of veterinarians serving by downloading the Veterinarian workforce leaving some communities, the agricultural sector. Specifically, the Shortage Situation nomination form especially rural areas, with insufficient VSGP promotes availability and access provided in the VMLRP Shortage access to food supply veterinary to (1) specialized education and training Situations section of the NIFA website services. which will enable veterinarians and at: www.nifa.usda.gov/vmlrp, Two programs, born out of this veterinary technicians to provide completing the fillable PDF concern, aim to mitigate the services in designated veterinarian electronically, and submitting it via maldistribution of the veterinary shortage situations, and (2) practice- email to: [email protected]. workforce: The Veterinary Medicine enhancing equipment and personnel Loan Repayment Program (VMLRP) and resources to enable veterinary practices FOR FURTHER INFORMATION CONTACT: Veterinary Services Grant Program to expand or improve access to VMLRP Program Coordinator; National (VSGP), both administered by USDA- veterinary services. Institute of Food and Agriculture; U.S. NIFA. VMLRP addresses increasing Department of Agriculture; 6501 Beacon veterinary school debt by offering Paperwork Reduction Act Drive, Kansas City, MO 64133; Email: veterinary school debt payments in In accordance with the Office of [email protected]. exchange for service in shortage Management and Budget (OMB) SUPPLEMENTARY INFORMATION: situations, while VSGP addresses other regulations (5 CFR part 1320) that factors contributing to the implement the Paperwork Reduction Background and Purpose Act of 1995 (44 U.S.C. Chapter 35), the 3 Andrus DM, Gwinner KP, Prince, JB. Food information collection and Food supply veterinary medicine Supply Veterinary Medicine Coalition Report: embraces a broad array of veterinary Estimating FSM Demand and Maintaining the recordkeeping requirements imposed by professional activities, specialties and Availability of Veterinarians in Food Supply the implementation of these guidelines responsibilities, and is defined as all Related Disciplines in the United States and have been approved by OMB Control Canada, 2016. https://www.avma.org/KB/Resources/ Number 0524–0050. aspects of veterinary medicine’s Reference/Pages/Food-Supply-Veterinary-Medicine- involvement in food supply systems, Coalition-Report.aspx. Table of Contents in Guidelines for from traditional agricultural production 4 Andrus DM, Gwinner KP, Prince, JB. Future Veterinary Shortage Situation to consumption. A series of studies and demand, probable shortages and strategies for creating a better future in food supply veterinary Nominations reports 1–6 have drawn attention to medicine. 2006, JAVMA 229(1):57–69. I. Preface and Authority 5 Andrus DM, Gwinner KP, Prince, JB. Attracting II. Nomination of Veterinary Shortage 1 Government Accountability Office, Veterinary students to careers in food supply veterinary Workforce: Actions Are Needed to Ensure Sufficient medicine. 2006, JAVMA 228(1):16931704. Situations Capacity for Protecting Public and Animal Health, 6 Andrus DM, Gwinner KP, Prince, JB. Job A. General GAO–09–178: Feb 18, 2009). satisfaction, changes in occupational area and 1. Eligible Shortage Situations 2 National Academies of Science, Workforce commitment to a career in food supply veterinary 2. Authorized Respondents and Use of Needs in Veterinary Medicine, 2013. medicine. 2006, JAVMA 228(12):1884–1893. Consultation
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3. State Allocation of Nominations Secretary determines have a shortage of vmlrp-nomination-and-designation- 4. FY 2020–2022 Shortage Situation veterinarians; and (2) areas of veterinary veterinary-shortage-situations. Nomination Process practice that the Secretary determines The maximum number of 5. Submission and Due Dates have a shortage of veterinarians, such as nominations (and potential 6. Periods Covered designations) is based on data from the 7. Definitions food animal medicine, public health, B. Nomination Form epidemiology, and food safety. This 2017 Agricultural Census conducted by C. NIFA Review of Shortage Situation section also added that priority should the USDA National Agricultural Nominations be given to agreements with Statistics Service (NASS). Awards from 1. Review Panel Composition and Process veterinarians for the practice of food previous years have no bearing on a 2. Review Criteria animal medicine in veterinarian State’s maximum number of allowable Guidelines for Veterinary Shortage shortage situations. shortage nomination submissions or Situation Nominations While the NVMSA (as amended) designations in any given year, or I. Preface and Authority specifies priority be given to food number of nominations or designations animal medicine shortage situations, allowed for subsequent years. NIFA In January 2003, the National and that consideration also be given to reserves the right in the future to Veterinary Medical Service Act specialty areas such as public health, proportionally adjust the maximum (NVMSA) was passed into law adding epidemiology and food safety, the Act number of designated shortage section 1415A to the National does not identify any areas of veterinary situations per State to ensure a balance Agricultural Research, Extension, and practice as ineligible. Accordingly, all between available funds and the Teaching Policy Act of 1997 nominated veterinary shortage requirement to ensure that priority is (NARETPA). This law established a new situations will be considered eligible for given to mitigating veterinary shortages Veterinary Medicine Loan Repayment submission. corresponding to situations of greatest Program (7 U.S.C. 3151a) authorizing need. Nomination Allocation tables for A subset of the shortages designated the Secretary of Agriculture to carry out FY 2020–2022 are available under the for VMLRP applicants is also available a program of entering into agreements VMLRP Shortage Situations section of to satisfy requirements, as applicable, with veterinarians under which they the VMLRP website at https:// for VSGP applicants. In addition, a agree to provide veterinary services in nifa.usda.gov/resource/vmlrp-shortage- shortage situation under the VSGP must veterinarian shortage situations. In FY allocations. 2010, NIFA announced the first funding also be designated rural as defined in Table I lists the maximum nomination opportunity for the VMLRP. section 343(a) of the Consolidated Farm allocations by State. Table II lists Section 7104 of the 2014 Farm Bill and Rural Development Act (7 U.S.C. ‘‘Special Consideration Areas’’ which (Pub. L. 113–79) added section 1415B to 1991(a)). include any State or Insular Area not NARETPA, as amended, (7 U.S.C. Nominations describing either public reporting data to NASS, reporting less 3151b) to establish the Veterinary or private practice veterinary shortage than $1,000,000 in annual Livestock and Services Grant Program (VSGP). This situations are eligible for submission. Livestock Products Total Sales ($), and/ amendment authorizes the Secretary of 2. Authorized Respondents and Use of or possessing less than 500,000 acres. Agriculture to make competitive grants Consultation One nomination is allocated to any State to qualified entities and individual or Insular Area classified as a Special veterinarians that carry out programs in The only authorized respondent on Consideration Area. veterinarian shortage situations and for behalf of each State is the chief State Table III shows the values and the purpose of developing, Animal Health Official (SAHO), as duly quartile ranks of States for two variables implementing, and sustaining veterinary authorized by the Governor or the broadly correlated with demand for food services. Funding for the VSGP was first Governor’s designee in each State. The supply veterinary services: ‘‘Livestock appropriated in FY 2016 through the only authorized respondent on behalf of and Livestock Products Total Sales ($)’’ Consolidated Appropriations Act, 2016 the Federal Government is the Chief (LPTS) and ‘‘Land Area (acres)’’ (LA). (Pub. L. 114–113). The VSGP was re- Federal Animal Health Officer (Deputy The maximum number of NIFA- authorized in Section 7106 of the 2018 Administrator of Veterinary Services, designated shortage situations per State Farm Bill (Pub. L. 115–334). the Animal and Plant Health Inspection is based on the sum of quartile rankings Pursuant to the requirements enacted Service or designee), as duly authorized for LPTS and LA for each State and can in the NVMSA of 2004 (as revised), and by the Secretary of Agriculture. The be found in Table IV. the implementing regulation for this eligible nominating official must submit While Federal Lands are widely Act, Part 3431 Subpart A of the VMLRP nominations using the instructions dispersed within States and Insular Final Rule [75 FR 20239–20248], NIFA provided in section A.4, FY 2020–2022 Areas across the country, they constitute hereby implements guidelines for Shortage Situation Nomination Process. a composite total land area over twice eligible nominating officials to nominate NIFA strongly encourages the the size of Alaska. If the 200-mile limit veterinary shortage situations for the FY nominating officials to involve leading for U.S. coastal waters and associated 2020–2022 program cycle. health animal experts in the State in the fishery areas are included, Federal Land identification and prioritization of total acreage would exceed 1 billion. II. Nomination of Veterinary Shortage shortage situation nominations. Both State and Federal Animal Health Situations officials have responsibilities for matters 3. State Allocation of Nominations A. General relating to terrestrial and aquatic food NIFA will accept the number of animal health on Federal Lands. 1. Eligible Shortage Situations nominations equivalent to the Interaction between wildlife and Section 1415A of NARETPA, as maximum number of designated domestic livestock, such as sheep and amended and revised by Section 7105 of shortage areas for each State. For cattle, is particularly common in the the Food, Conservation and Energy Act, historical background and more plains States where significant portions directs determination of veterinarian information on the rationale for capping of Federal lands are leased for grazing. shortage situations for the VMLRP to nominations and State allocation Therefore, both SAHOs and the Chief consider (1) geographical areas that the method, visit https://nifa.usda.gov/ Federal Animal Health Officer (Deputy
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Administrator of Veterinary Services, designated status for any shortage Both new and retained nominations the Animal and Plant Health Inspection situation successfully designated in the must be submitted on the Veterinary Service or designee) may submit previous year and/or (2) submit new Shortage Situation Nomination form nominations to address shortage nominations. Any shortage from provided in the VMLRP Shortage situations on or related to Federal previous year not retained or submitted Situations section at https:// Lands. Nominations related to Federal as a new nomination will not be nifa.usda.gov/vmlrp-shortage-situations. Lands submitted by SAHOs will count considered a shortage situation in the Nominations retained (carried over) towards the maximum number of next year. The total number of new will be designated without review nominations for that individual state. nominations plus designated unless major changes in content are NIFA emphasizes that the shortage nominations retained (carried over) may identified during administrative nomination allocation is set to broadly not exceed the maximum number of processing or the shortage has been balance the number of designated nominations each eligible nominating retained for three years. Major changes shortage situations across States prior to official is permitted. in content or shortages already retained the nomination and award phases of the for three consecutive years will be VMLRP and VSGP. Awards will be The following process is the treated as new submissions and undergo made based strictly on the peer review mechanism for retaining a designated merit review. panels’ assessment according to each nomination: Each nominating official 5. Submission and Due Date program’s review criteria; thus no State should review the map of VMLRP will be given a preference for placement designated shortage situations for the Submissions must be made by of awardees. Additionally, each previous year—FY 2019’s map can be downloading the Veterinarian Shortage designated shortage situation will be found here: (https://go.usa.gov/xyd4K)- Situation nomination form provided in limited to one award per program per and download a PDF copy of the the VMLRP Shortage Situations section year. nomination form they wish to renew. If at https://nifa.usda.gov/vmlrp-shortage- the nominating official wishes to retain situations, completing the fillable PDF 4. FY 2020–2022 Shortage Situation (carry over) one or more designated form, and submitting it via email to: Nomination Process nomination(s), the nominating official [email protected]. For the FY 2020–2022 program cycle, shall copy and paste the prior year Both new and retained (carry-over) all eligible nominating officials information into the current year’s nominations must be submitted on or submitting may, during each nomination form and submit it to before the deadlines listed in the table nomination period: (1) Request to retain [email protected]. below.
Fiscal year First day to submit shortage nominations Last day to submit shortage nominations
2020 ...... October 7, 2019 ...... November 11, 2019. 2021 ...... October 5, 2020 ...... November 9, 2020. 2022 ...... October 4, 2021 ...... November 8, 2021.
7. Period Covered B. Nomination Form and institutions receiving Animal The VMLRP Shortage Nomination Health and Disease Research Program Each shortage situation is approved funds under section 1433 of NARETPA, for one program year cycle only. Form must be used to nominate veterinarian shortage situations. Once to review the nominations and make However, any previously approved designated as a shortage situation, recommendations to the NIFA Program shortage situation not filled in a given VMLRP applicants will use the Manager. NIFA will review the panel’s program year may be resubmitted as a information to select shortage situations recommendations and designate the retained (carry-over) nomination. they are willing and qualified to fill, and VMLRP shortage situations. The list of Retained (carry-over) shortage to guide the preparation of their approved shortage situations will be nominations (without any revisions) applications. NIFA will use the made available on the VMLRP website will be automatically approved for up to information to assess contractual at www.nifa.usda.gov/vmlrp. three years before requiring another compliance of awardees. The form is 2. Review Criteria merit review. By resubmitting a carry- available in the VMLRP Shortage Criteria used by the shortage situation over nomination, the nominating official Situations section at https:// nomination review panel and NIFA for is affirming that in his or her nifa.usda.gov/vmlrp-shortage-situations. certifying a veterinary shortage situation professional judgment the original case See Part II A. 5. above for submission will be consistent with the information made for shortage status, and the information. Detailed directions for each requested in the shortage situations original description of needs, remain field can be found at https:// nomination form. NIFA understands the current and accurate. Shortage nifa.usda.gov/resource/vmlrp- process for defining the risk landscape situations where an award was made, if veterinarian-shortage-situation- associated with veterinary service still considered shortages, may be nomination-form-form-nifa-2009-0001. shortages within a State may require resubmitted as new nominations. C. NIFA Review of Shortage Situation consideration of many qualitative and quantitative factors. In addition, each 8. Definitions Nominations shortage situation will be characterized 1. Review Panel Composition and For the purpose of implementing the by a different array of subjective and Process solicitation for veterinary shortage objective supportive information that situations, the definitions provided in 7 NIFA will convene a panel of food must be developed into a cogent case CFR part 3431 are applicable. supply veterinary medicine experts identifying, characterizing, and from some or all of the following justifying a given geographic or groups: Federal and/or State agencies, disciplinary area as deficient in certain
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types of veterinary capacity or service. applications will be at the applicant’s partnerships, and innovation. Key To accommodate the uniqueness of each risk. strategies include: shortage situation, the nomination form The REAP has two types of funding • Achieving e-Connectivity for Rural provides opportunities to present a case assistance: (1) Renewable Energy America using both supportive metrics and Systems and Energy Efficiency • Developing the Rural Economy narrative explanations to define and Improvements Assistance and (2) • Harnessing Technological Innovation • explain the proposed need. Energy Audit and Renewable Energy Supporting a Rural Workforce • While NIFA anticipates some Development Assistance Grants. Improving Quality of Life arguments made in support of a given The Renewable Energy Systems and I. Program Description shortage situation will be qualitative, Energy Efficiency Improvement The Rural Energy for America respondents are encouraged to present Assistance provides grants and Program (REAP) helps agricultural verifiable quantitative and qualitative guaranteed loans to agricultural producers and rural small businesses evidentiary information wherever producers and rural small businesses to reduce energy costs and consumption possible. Absence of sufficient data to purchase and install renewable energy and helps meet the Nation’s critical support a shortage such as animal and systems and make energy efficiency energy needs. REAP has two types of veterinarian census data for the improvements to their operations. funding assistance: (1) Renewable proposed shortage area(s), or sufficient Eligible renewable energy systems for Energy Systems and Energy Efficiency information regarding the characteristics REAP provide energy from: Wind, solar, Improvements Assistance and (2) of the shortage so that applicants may renewable biomass (including anaerobic Energy Audit and Renewable Energy prepare successful applications and digesters), small hydro-electric, ocean, Development Assistance Grants. panelists are able to fully evaluate the geothermal, or hydrogen derived from The Renewable Energy Systems and fit of the applicant to the shortage area, these renewable resources. Energy Efficiency Improvements may lead the panel to recommend The Energy Audit and Renewable Assistance provides grants and revision of the shortage nomination to Energy Development Assistance Grant is guaranteed loans to agricultural address these issues. If the revisions are available to a unit of State, Tribal, or producers and rural small businesses for not addressed, the shortage nominations local government; instrumentality of a renewable energy systems and energy will not be approved. State, Tribal, or local government; efficiency improvements. Eligible Done in Washington, DC, this 20th day of institution of higher education; rural renewable energy systems for REAP August, 2019. electric cooperative; a public power provide energy from: Wind, solar, Steve Censky, entity; or a council, as defined in 16 renewable biomass (including anaerobic Deputy Secretary, United States Department U.S.C. 3451. The recipient of grant digesters), small hydro-electric, ocean, of Agriculture. funds, grantee, will establish a program geothermal, or hydrogen derived from [FR Doc. 2019–18803 Filed 8–29–19; 8:45 am] to assist agricultural producers and rural these renewable resources. small businesses with evaluating the BILLING CODE 3410–22–P The Energy Audit and Renewable energy efficiency and the potential to Energy Development Assistance Grant is incorporate renewable energy available to a unit of State, Tribal, or DEPARTMENT OF AGRICULTURE technologies into their operations. local government; instrumentality of a DATES: See under SUPPLEMENTARY State, Tribal, or local government; Rural Business-Cooperative Service INFORMATION section. institution of higher education; rural electric cooperative; a public power FOR FURTHER INFORMATION CONTACT: The Notice of Solicitation of Applications entity; or a council, as defined in 16 applicable USDA Rural Development for the Rural Energy for America U.S.C. 3451. The recipient of grant Energy Coordinator for your respective Program for Fiscal Year 2020 funds, grantee, will establish a program State, as identified via the following to assist agricultural producers and rural AGENCY: link: https://www.rd.usda.gov/files/ Rural Business-Cooperative small businesses with evaluating the RBS_StateEnergyCoordinators.pdf. Service, USDA. energy efficiency and the potential to ACTION: Notice. For information about this Notice, incorporate renewable energy please contact Anthony Crooks, Rural technologies into their operations. SUMMARY: The Rural Business- Energy Policy Specialist, USDA Rural A. General. Applications for REAP Cooperative Service (the Agency) Notice Development, Energy Division, 1400 can be submitted any time throughout of Solicitation of Applications (Notice) Independence Avenue SW, Stop 3225, the year. This Notice announces the is being issued prior to passage of a final Room 6870, Washington, DC 20250. deadlines, dates and times that appropriations act to allow potential Telephone: (202) 205–9322. Email: applications must be received in order applicants time to submit applications [email protected]. to be considered for REAP funds for financial assistance under Rural SUPPLEMENTARY INFORMATION: provided by the Agricultural Energy for America Program (REAP) for Preface Improvement Act of 2018 (Pub. L. 115– Federal Fiscal Year (FY) 2020 and give 334), (2018 Farm Bill), and any the Agency time to process applications The Agency encourages applications appropriated funds that REAP may within the current FY. This Notice is that will support recommendations receive from the appropriation for FY being issued prior to enactment of full made in the Rural Prosperity Task Force 2020 for grants, guaranteed loans, and year appropriation for FY 2020. The report to help improve life in rural combined grants and guaranteed loans Agency will publish the amount of America (www.usda.gov/ to purchase and install renewable funding received in any continuing ruralprosperity). Applicants are energy systems, and make energy resolution or the final appropriations act encouraged to consider projects that efficiency improvements; and for grants on its website at https:// provide measurable results in helping to conduct energy audits and renewable www.rd.usda.gov/newsroom/notices- rural communities build robust and energy development assistance. solicitation-applications-nosas. sustainable economies through strategic The Notice announces the acceptance Expenses incurred in developing investments in infrastructure, of applications under REAP for FY 2020
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for grants, guaranteed loans, and rural-energy-america-program- and on the number of eligible applicants combined grants and guaranteed loans renewable-energy-systems-energy- participating in this program. for the development of renewable efficiency, and are subject to the same E. Type of Instrument. Grant, energy systems and energy efficiency provisions in this Notice. guaranteed loan, and grant/guaranteed projects as provided by the 2018 Farm To ensure that small projects have a loan combinations. Bill. The Notice also announces the fair opportunity to compete for the III. Eligibility Information acceptance of applications under REAP funding and are consistent with the for FY 2020 for energy audit and priorities set forth in the statute, the The eligibility requirements for the renewable energy development Agency will set-aside not less than 20 applicant, borrower, lender, and project assistance grants as provided by the percent of the FY 2020 funds until June (as applicable) are clarified in 7 CFR 2018 Farm Bill. 29, 2020, to fund grants of $20,000 or part 4280 subpart B and are summarized The administrative requirements in less. in this Notice. Failure to meet the effect at the time the application (1) Renewable energy system and eligibility criteria by the time of the competition window may result in the window closes for a competition will be energy efficiency improvements grant- Agency reviewing an application, applicable to each type of funding funds. There will be allocations of grant however will preclude the application available under REAP and are described funds to each Rural Development State from receiving funding until all in 7 CFR part 4280, subpart B. In Office for renewable energy system and addition to the other provisions of this eligibility criteria have been met. energy efficiency improvements A. Eligible Applicants. This Notice: applications. The State allocations will (1) The provisions specified in 7 CFR solicitation is for applications from include an allocation for grants of agricultural producers and rural small 4280.101 through 4280.111 apply to $20,000 or less funds and an allocation each funding type described in this businesses for grants or guaranteed of grant funds that can be used to fund loans, or a combination grant and Notice. renewable energy system and energy (2) The requirements specified in 7 guaranteed loan, for the purpose of efficiency improvements applications purchasing and installing renewable CFR 4280.112 through 4280.124 apply for either grants of $20,000 or less or to renewable energy system and energy energy systems and energy efficiency grants of more than $20,000, as well as improvements. This solicitation is also efficiency improvements project grants. the grant portion of a combination grant (3) The requirements specified in 7 for applications for Energy Audit or a and guaranteed loan. These funds are Renewable Development Assistance CFR 4280.125 through 4280.152 apply commonly referred to as unrestricted to guaranteed loans for renewable grants from units of State, Tribal, or grant funds. The funds for grants of local government; instrumentalities of a energy system and energy efficiency $20,000 or less can only be used to fund improvements projects. For FY 2020, State, Tribal, or local government; grants requesting $20,000 or less, which institutions of higher education; rural the guarantee fee amount is one percent includes the grant portion of of the guaranteed portion of the loan, electric cooperatives; public power combination requests when applicable. entities; and councils, as defined in 16 and the annual renewal fee is one- (2) Renewable energy system and quarter of 1 percent (0.250 percent) of U.S.C. 3451, which serve agricultural energy efficiency improvements loan producers and rural small businesses. the guaranteed portion of the loan. guarantee funds. Rural Development’s (4) The requirements specified in 7 To be eligible for the grant portion of the National Office will maintain a reserve CFR 4280.165 apply to a combined grant program, an applicant must meet the of guaranteed loan funds. and guaranteed loan for renewable requirements specified in 7 CFR (3) Renewable energy system and energy system and energy efficiency 4280.110, and 7 CFR 4280.112, or 7 CFR energy efficiency improvements improvements projects. 4280.186, as applicable. (5) The requirements specified in 7 combined grant and guaranteed loan B. Eligible Lenders and Borrowers. To CFR 4280.186 through 4280.196 apply funds. Funding availability for be eligible for the guaranteed loan to energy audit and renewable energy combined grant and guaranteed loan portion of the program, lenders and development assistance grants. applications are outlined in paragraphs borrowers must meet the eligibility II.(C)(1) and II.(C)(2) of this Notice. requirements in 7 CFR 4280.125 and 7 II. Federal Award Information (4) Energy audit and renewable energy CFR 4280.127, as applicable. A. Statutory Authority. This program development assistance grant funds. C. Eligible Projects. To be eligible for is authorized under 7 U.S.C. 8107. The amount of funds available for this program, a project must meet the B. Catalog of Federal Domestic energy audits and renewable energy eligibility requirements specified in 7 Assistance (CFDA) Number. 10.868. development assistance in FY 2020 will CFR 4280.113, 7 CFR 4280.128, and 7 C. Funds Available. This Notice is be 4 percent of FY 2020 mandatory CFR 4280.187, as applicable. announcing deadline times and dates funds and will be maintained in a D. Cost Sharing or Matching. The for applications to be submitted for National Office reserve. Obligations of 2018 Farm Bill mandates the maximum REAP funds provided by the 2018 Farm these funds will take place through percentages of funding that REAP can Bill and any appropriated funds that March 30, 2020. Any unobligated provide. Additional clarification is REAP may receive from the balances will be moved to the renewable provided in paragraphs IV.E. (1) through congressional enactment of a full-year energy budget authority account and (3) of this Notice. appropriation for FY 2020. This Notice may be utilized in any of the renewable (1) Renewable energy system and is being published prior to the energy system and energy efficiency energy efficiency improvements congressional enactment of a full-year improvements national competitions. funding. Requests for guaranteed loan appropriation for FY 2020. The Agency D. Approximate Number of Awards. and combined grant and guaranteed will continue to process applications The estimated number of awards is loan will not exceed 75 percent of total received under this announcement and 1,000 based on the historical average eligible project costs, with any Federal should REAP receive appropriated grant size and the anticipated grant portion not to exceed 25 percent funds, these funds will be announced mandatory funding of $50 million for of total eligible project costs, whether on the following website: https:// FY 2020, however will depend on the the grant is part of a combination www.rd.usda.gov/programs-services/ actual amount of funds made available request or is a grant-only.
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(2) Energy audit and renewable energy eligibility, to score the application, and begin the application process through development funds. Requests for the to conduct the technical evaluation, as www.grants.gov. energy audit and renewable energy applicable, in order to be considered. (c) After successful applicants are development assistance grants, will (1) Renewable energy system and notified of the intent to make a Federal indicate that the grantee that conducts energy efficiency improvements grant award, applicants must meet the energy audits must require that, as a application. requirements of 7 CFR 4280.122 (a) condition of providing the energy audit, (a) Information for the required through (h) for the grant agreement to be the agricultural producer or rural small content of a grant application to be executed. business pay at least 25 percent of the considered complete is found in 7 CFR (2) Renewable energy system and cost of the energy audit. The Agency part 4280, subpart B. energy efficiency improvements recommended practice for on farm (i) Grant applications for renewable guaranteed loan application. energy audits, audits for agricultural energy systems and energy efficiency (a) Information for the content producers, ranchers, and farmers is the improvements projects with total project required for a guaranteed loan American Society of Agricultural and costs of $80,000 or less must provide application to be considered complete is Biological Engineers S612 Level II audit. information required by 7 CFR found in 7 CFR 4280.137. This audit conforms to program 4280.119. (b) All guaranteed loan applications standards used by the Natural Resource (ii) Grant applications for renewable must be submitted as a hard copy to the Conservation Service. As per 7 CFR energy systems and energy efficiency appropriate Rural Development Energy 4280.110(a), an applicant who has improvements projects with total project Coordinator in the State in which the received one or more grants under this costs of $200,000 or less, but more than applicant’s proposed project is located. program must have made satisfactory $80,000, must provide information A list of USDA Rural Development progress towards completion of any required by 7 CFR 4280.118. Energy Coordinators is available via the previously funded projects before being (iii) Grant applications for renewable following link: https:// considered for subsequent funding. The energy systems and energy efficiency www.rd.usda.gov/files/RBS_ Agency interprets satisfactory progress improvements projects with total project StateEnergyCoordinators.pdf. as at least 50 percent of previous awards costs of greater than $200,000 must (c) After successful applicants are expended by January 31, 2020. Those provide information required by 7 CFR notified of the intent to make a Federal who cannot meet this requirement will 4280.117. award, borrowers must meet the be determined to be a ‘‘risk’’ pursuant (iv) Grant applications for energy conditions prior to issuance of loan note to 2 CFR 200.205 and may be audits or renewable energy development guarantee as outlined in 7 CFR determined in-eligible for a subsequent assistance grant applications must 4280.142. grant or have special conditions provide information required by 7 CFR (3) Renewable energy system and imposed. 4280.190. energy efficiency improvements E. Other. Ineligible project costs can (b) All grant applications must be combined guaranteed loan and grant be found in 7 CFR 4280.114(d), 7 CFR submitted either as hard copy to the application. 4280.129(f), and 7 CFR 4280.188(c), as appropriate Rural Development Energy (a) Information for the content applicable. The U.S. Department of Coordinator in the State in which the required for a combined guaranteed loan Agriculture Departmental Regulations applicant’s proposed project is located, and grant application to be considered and Laws that contain other compliance or electronically using the Government- complete is found in 7 CFR 4280.165(c). requirements are referenced in wide www.grants.gov website. (b) All combined guaranteed loan and paragraphs VI.B. (1) through (3), and (i) Applicants submitting a grant grant applications must be submitted as IV.F of this Notice. Applicants who application as a hard copy must submit hard copy to the appropriate Rural have been found to be in violation of one original to the appropriate Rural Development Energy Coordinator in the applicable Federal statutes will be Development Energy Coordinator in the State in which the applicant’s proposed ineligible. State in which the applicant’s proposed project is located. A list of USDA Rural project is located. A list of USDA Rural Development Energy Coordinators is IV. Application and Submission Development Energy Coordinators is available via the following link: Information available via the following link: https:// www.rd.usda.gov/files/RBS_ A. Address to Request Application www.rd.usda.gov/files/RBS_ StateEnergyCoordinators.pdf. Package. Application materials may be StateEnergyCoordinators.pdf. (c) After successful applicants are obtained by contacting one of Rural (ii) Applicants submitting a grant notified of the intent to make a Federal Development’s Energy Coordinators, as application to the Agency via the award, applicants must meet the identified via the following link: https:// www.grants.gov website will find requirements, including the requisite www.rd.usda.gov/files/RBS_ information about submitting an forms and certifications, specified in 7 StateEnergyCoordinators.pdf. In application electronically through the CFR 4280.117, 4280.118, 4280.119, and addition, for grant applications, website, and may download a copy of 4280.137, as applicable, for the issuance applicants may obtain electronic grant the application package to complete it of a grant agreement and loan note applications for REAP from off line, upload and submit the guarantee. www.grants.gov. completed application, including all (4) Energy audits or renewable B. Content and Form of Application necessary assurances and certifications, development assistance grant Submission. Applicants seeking to via www.grants.gov. After electronically applications. participate in this program must submit submitting an application through the (a) Grant applications for energy applications in accordance with this website, the applicant will receive an audits or renewable energy development Notice and 7 CFR part 4280, subpart B. automated acknowledgement from assistance must provide the information Applicants must submit complete www.grants.gov that contains a required by 7 CFR 4280.190 to be applications by the dates identified in www.grants.gov tracking number. USDA considered a complete application. Section IV.C., of this Notice, containing Rural Development strongly (b) All energy audits or renewable all parts necessary for the Agency to recommends that applicants do not wait development assistance grant determine applicant and project until the application deadline date to applications must be submitted either as
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hard copy to the appropriate Rural information at all times during which it outlined in the following paragraphs Development Energy Coordinator in the has an active Federal grant award or a and also summarized in a table at the State in which the applicant’s proposed grant application under consideration end of this section: project is located, electronically using by the Agency. (1) Renewable energy system and the Government-wide www.grants.gov (d) If an applicant has not fully energy efficiency improvements grant website, or via an alternative electronic complied with the requirements of IV.C. applications and combination grant and format with electronic signature (1) through (3) at the time the Agency guaranteed loan applications. As per followed up by providing original is ready to make an award, the Agency RD Instruction 4280–B Application signatures to the appropriate Rural may determine the applicant is not deadlines for FY 2020 grant funds are: Development office. Instructions for eligible to receive the award. (a) For applicants requesting a grant submission of the application can be C. Submission Dates and Times. Grant only of $20,000 or less or a combination found at section IV.B. of this Notice. applications, guaranteed loan-only grant and guaranteed loan where the (c) After successful applicants are applications, and combined grant and grant request is $20,000 or less, that notified of the intent to make a Federal guaranteed loan applications for wish to have their grant application award, applicants must meet the financial assistance provided by the compete for the ‘‘Grants of $20,000 or requirements of 7 CFR 4280.195 for the 2018 Farm Bill for FY 2020, and for less set aside,’’ complete applications grant agreement to be executed. appropriated funds that REAP may must be received no later than 5. Dun and Bradstreet Universal receive from the appropriation for FY (i) 4:30 p.m. local time on October 31, Numbering System (DUNS) Number and 2020, may be submitted at any time on 2019, or System for Award Management (SAM). an ongoing basis. When an application (ii) 4:30 p.m. local time on March 31, Unless exempt under 2 CFR 25.110, or window closes, the next application 2020. who have an exception approved by the window opens on the following day. (b) For applicants requesting a grant Federal awarding agency under 2 CFR This Notice establishes the deadline only of over $20,000 (unrestricted) or a 25.110(d), grant applicants as are dates for the applications to be received combination grant and guaranteed loan required to: in order to be considered for funding. If where the grant request is greater than (a) Register in SAM prior to an application window falls on a $20,000, complete applications must be submitting a grant application; which Saturday, Sunday, or Federal holiday, received no later than 4:30 p.m. local can be obtained at no cost via a toll-free the application package is due the next time on March 31, 2020. request line at (866) 705–5711 or online business day. An application received (2) Renewable energy system and at https://www.sam.gov/SAM/. after these dates will be considered with energy efficiency improvements Registration of new entities in SAM other applications received in the next guaranteed loan-only applications. requires an original, signed notarized application window. In order to be Eligible applications will be reviewed letter stating that you are the authorized considered for funds under this Notice, and processed when received for Entity Administrator before your complete applications must be received periodic competitions. registration will be activated. by the appropriate USDA Rural (3) Energy audits and renewable (b) Provide a valid DUNS number in Development State Office or via energy development assistance grant its grant or loan application. www.grants.gov. The deadline for applications. Applications must be (c) Continue to maintain an active applications to be received to be received no later than 4:30 p.m. local SAM registration with current considered for funding in FY 2020 are time on January 31, 2020.
Application Application window opening dates Application window closing dates
Renewable Energy Systems and Energy Efficiency Im- April 2, 2019 ...... October 31, 2019. provements Grants ($20,000 or less grant only re- quest or a combination grant and guaranteed loan where the grant request is $20,000 or less competing for up to approximately 50 percent of the set aside funds). Renewable Energy Systems and Energy Efficiency Im- November 1, 2019 ...... March 31, 2020 *. provements Grants ($20,000 or less grant only re- quest or a combination grant and guaranteed loan where the grant request is $20,000 or less competing for the remaining set aside funds). Renewable Energy Systems and Energy Efficiency Im- April 2, 2019 ...... March 31, 2020 *. provements Grants (Unrestricted grants, including combination grant and guaranteed loan where the grant request is greater than $20,000,). Renewable Energy Systems and Energy Efficiency Im- Continuous application cycle ...... Continuous application cycle. provements Guaranteed Loans. Energy Audit and Renewable Energy Development As- February 1, 2019 ...... January 31, 2020. sistance Grants. * Applications received after this date will be considered for the next funding cycle in the subsequent FY.
D. Intergovernmental Review. REAP is applications submitted under this (a) Applicants can be awarded only not subject to Executive Order 12372, Notice. one renewable energy system grant and Intergovernmental Review of Federal (1) Renewable energy system and one energy efficiency improvement Programs. energy efficiency improvements grant in FY 2020. E. Funding Restrictions. The projects. (b) For renewable energy system following funding limitations apply to grants, the minimum grant is $2,500 and
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the maximum is $500,000. For energy requirements as soon as practicable to (1) Renewable energy systems and efficiency improvements grants, the ensure adequate review time. energy efficiency improvements grant minimum grant is $1,500 and the (2) Felony conviction and tax applications. Complete renewable maximum grant is $250,000. delinquent status. Corporate applicants energy systems and energy efficiency (c) For renewable energy system and submitting applications under this improvements grant applications are energy efficiency improvements loan Notice must include Form AD 3030, eligible to compete in competitions as guarantees, the minimum REAP ‘‘Representations Regarding Felony described in 7 CFR 4280.121. guaranteed loan amount is $5,000 and Conviction and Tax Delinquent Status (a) Complete renewable energy the maximum amount of a guaranteed for Corporate Applicants.’’ Corporate systems and energy efficiency loan to be provided to a borrower is $25 applicants who receive an award under improvements grant applications million. this Notice will be required to sign Form requesting $20,000 or less are eligible to (d) Renewable energy system and AD 3031, ‘‘Assurance Regarding Felony compete in up to five competitions energy efficiency improvements Conviction or Tax Delinquent Status for within the FY as described in 7 CFR guaranteed loan and grant combination Corporate Applicants.’’ Both forms can 4280.121 applications. Paragraphs IV.E.(1)(b) and be found online at http:// (b) If the application remains (c) of this Notice contain the applicable www.ocio.usda.gov/document/ad3030 unfunded after the final National Office maximum amounts and minimum and http://www.ocio.usda.gov/ competition for the FY it must be amounts for grants and guaranteed document/ad3031. withdrawn. Pursuant to the publication loans. Requests for guaranteed loan and (3) Original signatures. USDA Rural of this announcement, all complete and combined grant and guaranteed loan Development may request that the eligible applications will be limited to will not exceed 75 percent of eligible applicant provide original signatures on competing in the FY that the application project costs, with any Federal grant forms submitted through was received, versus rolling into the portion not to exceed 25 percent of the www.grants.gov at a later date. following FY, which may result in less eligible project costs, whether the grant (4) Transparency Act Reporting. All than five total competitions. This was is part of a combination request or is a recipients of Federal financial assistance effective for any application submitted grant-only. are required to report information about on or after April 1, 2017. (2) Energy audit and renewable energy first-tier sub-awards and executive (b) Complete renewable energy development assistance grants. compensation in accordance with 2 CFR systems and energy efficiency (a) Applicants may submit only one part 170. If an applicant does not have improvements grant applications, energy audit grant application and one an exception under 2 CFR 170.110(b), regardless of the amount of funding renewable energy development the applicant must then ensure that they requested, are eligible to compete in two assistance grant application for FY 2020 have the necessary processes and competitions a FY—a State competition funds. (b) The maximum aggregate amount of systems in place to comply with the and a national competition as described energy audit and renewable energy reporting requirements to receive in 7 CFR 4280.121(a). development assistance grants awarded funding. (2) Renewable energy systems and to any one recipient under this Notice (5) Race, ethnicity, and gender. The energy efficiency improvements cannot exceed $100,000 for FY 2020. Agency is requesting that each applicant guaranteed loan applications. Complete (c) The 2018 Farm Bill mandates that provide race, ethnicity, and gender guaranteed loan applications are eligible the recipient of a grant that conducts an information about the applicant. The for periodic competitions as described energy audit for an agricultural information will allow the Agency to in 7 CFR 4280.139(a). producer or a rural small business must evaluate its outreach efforts to under- (3) Renewable energy systems and require the agricultural producer or served and under-represented energy efficiency improvements rural small business to pay at least 25 populations. Applicants are encouraged combined guaranteed loan and grant percent of the cost of the energy audit, to furnish this information with their applications. Complete combined which shall be retained by the eligible applications but are not required to do guaranteed loan and grant applications entity for the cost of the audit. so. An applicant’s eligibility or the with requests of $20,000 or less are (3) Maximum grant assistance to an likelihood of receiving an award will eligible to compete in up to five entity. For the purposes of this Notice, not be impacted by furnishing or not competitions within the FY as described the maximum amount of grant furnishing this information. However, in 7 CFR 4280.121(b). Combination assistance to an entity will not exceed failure to furnish this information may applications where the grant request is $750,000 for FY 2020 based on the total preclude the awarding of State Director greater than $20,000, are eligible to amount of the renewable energy system, and Administrator points in Section compete in two competitions a FY—a energy efficiency improvements, energy V.E.(3) of this Notice. State competition and a national audit, and renewable energy (6) Transfer of obligations. REAP competition as described in 7 CFR development assistance grants awarded grant obligations will be serviced in 4280.121(a). to an entity under REAP. accordance with 7 CFR 4280.123 and 7 (4) Energy audit and renewable energy F. Other Submission Requirements. CFR 4280.196 as applicable. Transfer of development assistance grant (1) Environmental information. For obligations will no longer be considered applications. Complete energy audit and the Agency to consider an application, by the Agency. renewable energy development the application must include all assistance grantslapplications are V. Application Review Information environmental review documents with eligible to compete in one national supporting documentation in A. Criteria. In accordance with 7 CFR competition per FY as described in 7 accordance with 7 CFR part 1970. Any part 4280 subpart B, the application CFR 4280.193. required environmental review must be dates published in Section IV.C. of this B. Review and Selection Process. All completed prior to obligation of funds Notice identify the times and dates by complete applications will be scored in or the approval of the application. which complete applications must be accordance with 7 CFR part 4280 Applicants are advised to contact the received to compete for the funds subpart B and this section of the Notice. Agency to determine environmental available. Specifically, sections C and D below
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outline revisions to the scoring criteria (d) National unrestricted grant funds their State. If the application is ranked found in 7 CFR 4280.120. for all eligible renewable energy system high enough to receive State allocated (1) Renewable energy systems and and energy efficiency improvements grant funds, the State will request energy efficiency improvements grant grant applications received by March funding for the guaranteed loan portion applications. Renewable energy system 31, 2020, which include grants of of any combined grant and guaranteed and energy efficiency grant applications $20,000 or less, that are not funded by loan applications from the National will be scored in accordance with 7 CFR State allocations can be submitted to the Office guaranteed loan reserve, and no 4280.120 and selections will be made in National Office to compete against grant further competition will be required. All accordance with 7 CFR 4280.121. For applications from other States at a final unfunded eligible applications for grant applications requesting greater national competition. combined grant and guaranteed loan than $250,000 for renewable energy (2) Renewable energy systems and applications that are received by March systems, and/or greater than $125,000 energy efficiency improvements 31, 2020, and that are not funded by for energy efficiency improvements a guaranteed loan applications. State allocations can be submitted to the maximum score of 90 points is possible. Renewable energy systems and energy National Office to compete against other For grant applications requesting efficiency improvements guaranteed grant and combined grant and $250,000 or less for renewable energy loan applications will be scored in guaranteed loan applications from other systems and/or $125,000 or less for accordance with 7 CFR 4280.135 and States at a final national competition. energy efficiency improvements, an selections will be made in accordance (4) Energy audit and renewable energy additional 10 points may be awarded with 7 CFR 4280.139. The National development assistance grant such that a maximum score of 100 Office will maintain a reserve for applications. Energy audit and points is possible. Due to the renewable energy system and energy renewable energy development competitive nature of this program, efficiency improvements guaranteed assistance grants will be scored in applications are competed based on loan funds. Applications will be accordance with 7 CFR 4280.192 and submittal date. The submittal date is the reviewed and processed when received. selections will be made in accordance date the Agency receives a complete Those applications that meet the with 7 CFR 4280.193. Energy audit and application. The complete application Agency’s underwriting requirements, renewable energy development date is the date the Agency receives the are credit worthy, and score a minimum assistance grant funds will be last piece of information that allows the of 40 points will compete in national maintained in a reserve at the National Agency to determine eligibility and to competitions for guaranteed loan funds Office. Applications received by January score, rank, and compete the application periodically. All unfunded eligible 31, 2020, will compete for funding at a for funding. guaranteed loan-only applications national competition, based on the (a) Funds for renewable energy system received that do not score at least 40 scoring criteria established under 7 CFR and energy efficiency improvements points will be competed against other 4280.192. If funds remain after the grants of $20,000 or less will be guaranteed loan-only applications from energy audit and renewable energy allocated to the States. Eligible other States at a final national development assistance national applications must be submitted by competition, if the guaranteed loan competition, the Agency may elect to March 31, 2020, in order to be reserves have not been completely transfer budget authority to fund considered for these set-aside funds. depleted, on September 2, 2020. If funds additional renewable energy system and Approximately 50 percent of these remain after the final guaranteed loan- energy efficiency improvements grants funds will be made available for those only national competition, the Agency from the National Office reserve after complete applications the Agency may elect to utilize budget authority to pooling. receives by October 31, 2019, and fund additional grant-only applications. approximately 50 percent of the funds (3) Renewable energy systems and C. Size of Agricultural Producer or for those complete applications the energy efficiency improvements Rural Small Business. In alignment with Agency receives by March 31, 2020. All combined grant and guaranteed loan the Report to the President of the United unused State allocated funds for grants applications. Renewable energy systems States from the Task Force on of $20,000 or less will be pooled to the and energy efficiency improvements Agriculture and Rural Prosperity, the National Office. combined grant and guaranteed loan criterion noted in 7 CFR 4280.120 (d) (b) Eligible applications received by applications will be scored in which allows for a maximum of 10 March 31, 2020, for renewable energy accordance with 7 CFR 4280.120 and points to be awarded based on the size system and energy efficiency selections will be made in accordance of the Applicant’s agricultural operation improvements grants of $20,000 or less, with 7 CFR 4280.121. For combined or business concern, as applicable, that are not funded by State allocations grant and guaranteed loan applications compared to the SBA Small Business can be submitted to the National Office requesting grant funds of $250,000 or size standards categorized by NAICS to compete against grant applications of less for renewable energy systems, or found in 13 CFR 121.201, is being $20,000 or less from other States at a $125,000 or less for energy efficiency removed for applications for renewable national competition. Obligations of improvements, a maximum score of 100 energy systems or energy efficiency these funds will take place prior to June points is possible. For combined grant improvements effective as of the date of 29, 2020. and guaranteed loan applications this publication. (c) Eligible applications for renewable requesting grant funds of more than D. State Director and Administrator energy system and energy efficiency $250,000 for renewable energy systems, Points. The criterion noted in 7 CFR improvements, regardless of the amount or more than $125,000 for energy 4280.120(g) allows for the State Director of the funding request, received by efficiency improvements, a maximum and the Administrator to take into March 31, 2020, can compete for score of 90 points is possible. consideration paragraphs V.D. (1) unrestricted grant funds. Unrestricted Renewable energy system and energy through (5) below in the awarding of up grant funds will be allocated to the efficiency improvements combined to 10 points for eligible renewable States. All unused State allocated grant and guaranteed loan applications energy systems and energy efficiency unrestricted grant funds will be pooled will compete with grant-only improvement grant applications to the National Office. applications for grant funds allocated to submitted in FY 2020:
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(1) May allow for applications for an (ii) If two or more grant or loan guarantee, the Agency will under-represented technology to receive combination applications have the same consider the six criteria specified in 7 additional points. score and remaining funds in the State CFR 4280.114(e) or 7 CFR 4280.129(g), (2) May allow for applications that allocation are insufficient to fully award as applicable. help achieve geographic diversity to them, the Agency will notify the (3) Notification of funding receive additional points. This may applicants that they may either accept determination. As per 7 CFR include priority points for smaller grant the proportional amount of funds or 4280.111(c) all applicants will be requests which enhances geographic submit their total request for National informed in writing by the Agency as to diversity. Office reserve funds available after the funding determination of the (3) May allow for applicants who are pooling. If the applicant agrees to lower application. members of unserved or under-served its grant request, the applicant must VI. Federal Award Administration populations to receive additional points certify that the purposes of the project Information if one of the following criteria are met: will be met and provide the remaining (a) Owned by a veteran, including but total funds needed to complete the A. Federal Award Notices. The not limited to individuals as sole project. Agency will award and administer proprietors, members, partners, (b) The applicant notification for renewable energy system and energy stockholders, etc., of not less than 20 national funds will depend on the efficiency improvements grants, percent. In order to receive points, competition as follows: guaranteed loans in accordance with 7 applicants must provide a statement in (i) For an application requesting a CFR 4280.122, and 7 CFR 4280.139, as their applications to indicate that grant of $20,000 or less or a combination applicable. The Agency will award and owners of the project have veteran application where the grant amount is administer the energy audit and status; or $20,000 or less from set-aside pooled renewable energy development (b) Owned by a member of a socially- funds, the applicant must be notified assistance grants in accordance with 7 disadvantaged group, which are groups that they may accept the remaining CFR 4280.195. Notification whose members have been subjected to funds, or submit the total request to requirements of 7 CFR 4280.111 apply racial, ethnic, or gender prejudice compete in the unrestricted state to this Notice. because of their identity as members of competition. If the applicant agrees to B. Administrative and National Policy a group without regard to their lower the grant request, the applicant Requirements. individual qualities. In order to receive must certify that the purposes of the (1) Equal Opportunity and points, the application must include a project will be met and provide the Nondiscrimination. The Agency will statement to indicate that the owners of remaining total funds needed to ensure that equal opportunity and the project are members of a socially- complete the project. A declined partial nondiscrimination requirements are met disadvantaged group. award counts as a competition. in accordance with the Equal Credit (4) May allow for applications that (ii) For an application requesting a Opportunity Act, 15 U.S.C. 1691 et seq. further a Presidential initiative, or a grant of $20,000 or less or a combination and 7 CFR part 15d, Nondiscrimination Secretary of Agriculture priority, application where the grant amount is in Programs and Activities Conducted including Federally declared disaster $20,000 or less from unrestricted pooled by the U.S. Department of Agriculture. areas, to receive additional points. funds, in which this is the final The Agency will not discriminate (5) The proposed project is located in competition or for those applications against applicants on the basis of race, an impoverished area, has experienced requesting grants of over $20,000 and color, religion, national origin, sex, long-term population decline or loss of combined grant and guaranteed loan marital status, or age (provided that the employment. application, the applicant must be applicant has the capacity to contract); E. Other Submission Requirements. notified that they may accept the because all or part of the applicant’s Grant-only applications, guaranteed remaining funds or their grant income derives from any public loan-only applications, and combined application will be withdrawn. If the assistance program; or because the grant and guaranteed loan applications applicant agrees to lower the grant applicant has in good faith exercised for financial assistance may be request, the applicant must certify that any right under the Consumer Credit submitted at any time. In order to be the purposes of the project will be met Protection Act, 15 U.S.C. 1601 et seq. considered for funds, complete and provide the remaining total funds (2) Civil Rights Compliance. applications must be received by the needed to complete the project. Recipients of grants must comply with appropriate USDA Rural Development (iii) If two or more grant or the Americans with Disabilities Act of State Office in which the applicant’s combination applications have the same 1990, 42 U.S.C. 12101 et seq., Title VI proposed project is located, or via the score and remaining funds are of the Civil Rights Act of 1964, 42 U.S.C. www.grants.gov website as identified in insufficient to fully award them, the 2000d et seq., and Section 504 of the Section IV.C., of this Notice. Agency will notify the applicants that Rehabilitation Act of 1973, 29 U.S.C. (1) Insufficient funds. If funds are not they may either accept the proportional 794. This may include collection and sufficient to fund the total amount of an amount of funds or be notified in maintenance of data on the race, sex, application: accordance with V.D.(1)(b)(i) or (ii), as and national origin of the recipient’s (a) For State allocated funds: applicable. membership/ownership and employees. (i) The applicant must be notified that (iv) At its discretion, the Agency may These data must be available to conduct they may accept the remaining funds or instead allow the remaining funds to be compliance reviews in accordance with submit the total request for National carried over to the next FY rather than 7 CFR 1901.204. Office reserve funds available after selecting a lower scoring application(s) (3) Environmental Analysis. pooling. If the applicant agrees to lower or distributing funds on a pro-rata basis. Environmental procedures and its grant request, the applicant must (2) Award considerations. All award requirements for this subpart are certify that the purposes of the project considerations will be on a specified in 7 CFR part 1970. will be met and provide the remaining discretionary basis. In determining the Prospective applicants are advised to total funds needed to complete the amount of a renewable energy system or contact the Agency to determine project. energy efficiency improvements grant or environmental requirements as soon as
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practicable after they decide to pursue requirements associated with energy DEPARTMENT OF AGRICULTURE any form of financial assistance directly audit and renewable energy or indirectly available through the development assistance grants have also Rural Utilities Service Agency. been approved by OMB under OMB (4) Appeals. A person may seek a Control Number 0570–0067. Central Electric Power Cooperative, review of an Agency decision or appeal Inc.: Notice of Intent and Availability of to the National Appeals Division in B. Nondiscrimination Statement a Supplemental Draft Environmental accordance with 7 CFR 4280.105. Impact Statement and Notice to Hold a In accordance with Federal civil Public Meeting (5) Reporting. Grants, guaranteed rights law and U.S. Department of loans, combination guaranteed loans Agriculture (USDA) civil rights AGENCY: Rural Utilities Service, USDA. and grants, and energy audit and energy regulations and policies, the USDA, its ACTION: Notice of intent and availability audit and renewable energy Agencies, offices, and employees, and of a Supplemental Draft Environmental development assistance grants that are institutions participating in or Impact Statement and Notice to hold a awarded are required to fulfill the administering USDA programs are public meeting. reporting requirements as specified in prohibited from discriminating based on Departmental Regulations, the Grant race, color, national origin, religion, sex, SUMMARY: The Rural Utilities Service Agreement, and in 7 CFR part 4280 gender identity (including gender (RUS), an agency within the U.S. subpart B and paragraphs VI.B.(5)(a) expression), sexual orientation, Department of Agriculture (USDA), has through (d) of this Notice. disability, age, marital status, family/ issued a Supplemental Draft (a) Renewable energy system and parental status, income derived from a Environmental Impact Statement energy efficiency improvements grants public assistance program, political (Supplemental Draft EIS) for Central that are awarded are required to fulfill beliefs, or reprisal or retaliation for prior Electric Power Cooperative’s (Central the reporting requirements as specified civil rights activity, in any program or Electric) proposed McClellanville Area in 7 CFR 4280.123. activity conducted or funded by USDA 115–kV Transmission Project (Project) (b) Guaranteed loan applications that (not all bases apply to all programs). in South Carolina. In this document, are awarded are required to fulfill the Remedies and complaint filing RUS analyzes the environmental reporting requirements as specified in 7 deadlines vary by program or incident. impacts associated with an anticipated CFR 4280.143. decision request to approve or deny Persons with disabilities who require (c) Combined guaranteed loan and funding for Central Electric’s proposed alternative means of communication for grant applications that are awarded are Project. The Supplement Draft EIS was program information (e.g., Braille, large required to fulfill the reporting prepared to address substantial changes print, audiotape, American Sign requirements as specified in 7 CFR to the proposed action and assesses new Language, etc.) should contact the 4280.165(f). circumstances and information relevant responsible Agency or USDA’s TARGET (d) Energy audit and renewable to potential environmental impacts Center at (202) 720–2600 (voice and energy development assistance grants originally evaluated in the Draft TTY) or contact USDA through the grant applications that are awarded are Environmental Impact Statement (Draft Federal Relay Service at (800) 877–8339. required to fulfill the reporting EIS). Additionally, program information may requirements as specified in 7 CFR In April 2014, RUS issued a Draft EIS be made available in languages other 4280.196. that evaluated six 115–kV transmission than English. VII. Federal Awarding Agency Contacts line corridors originating in Georgetown To file a program discrimination County, South Carolina and terminating For further information contact the complaint, complete the USDA Program in the McClellanville area of Charleston applicable USDA Rural Development Discrimination Complaint Form, AD– County, South Carolina. Since Energy Coordinator for your respective 3027, found online at http:// publication of the Draft EIS, updated State, as identified via the following www.ascr.usda.gov/complaint_filing_ _ engineering data has resulted in link: http://www.rd.usda.gov/files/RBS cust.html and at any USDA office or substantial changes to the proposed StateEnergyCoordinators.pdf. For write a letter addressed to USDA and action, including the need to evaluate information about this Notice, please provide in the letter all of the new transmission line corridors contact Venus Welch-White, National information requested in the form. To originating from the Jamestown and Rural Energy Coordinator, USDA Rural request a copy of the complaint form, Charity areas of Berkeley County, South Development, Energy Division, 1400 call (866) 632–9992. Submit your Carolina, and to account for a new Independence Avenue SW, Stop 3225, completed form or letter to USDA by: winter weather operating agreement Room 6901, Washington, DC 20250. (1) Mail: U.S. Department of between the former South Carolina Telephone: (202) 720–0400. Email: Agriculture, Office of the Assistant Electric and Gas (now Dominion Energy [email protected]. Secretary for Civil Rights, 1400 South Carolina) and Berkeley Electric VIII. Other Information Independence Avenue SW, Washington, Cooperative that addresses load DC 20250–9410; concerns during the winter months. In A. Paperwork Reduction Act (2) Fax: (202) 690–7442; or addition, the following changes made it In accordance with the Paperwork necessary to supplement the Draft EIS: Reduction Act of 1995, the information (3) Email: [email protected]. The promulgation of a new collection requirements associated with USDA is an equal opportunity environmental regulation applicable to renewable energy system and energy provider, employer, and lender. RUS (7 CFR part 1970, which replaced efficiency improvements grants and the former 7 CFR part 1794, RUS guaranteed loans, as covered in this Bette B. Brand, Environmental Policies and Notice, have been approved by the Administrator, Rural Business-Cooperative Procedures), issuance and Office of Management and Budget Service. implementation of Executive Order (OMB) under OMB Control Number [FR Doc. 2019–18825 Filed 8–29–19; 8:45 am] 13807: ‘‘Establishing Discipline and 0570–0067. The information collection BILLING CODE 3410–XY–P Accountability in the Environmental
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Review and Permitting Process for www.rd.usda.gov/publications/ McClellanville Substation, located near Infrastructure Projects’’ (known as the environmental-studies/impact- the McClellanville service area. ‘‘One Federal Decision Executive statements/mccllellanville-115kv- Berkeley Electric owner-customers that Order’’), and publication of the Francis transmission-line. Attendees are would benefit from the proposed Project Marion National Forest’s Forest Plan. welcome to attend any public meetings include those located in the areas near The Supplemental Draft EIS addresses and to provide written or oral comments Rutledge Road, South Santee Road, the construction, operation, and on the Project. A court reporter will be Wedge Plantation, Germantown, Toby maintenance of Central Electric’s present. Road, Dupree Road, Lincoln High proposed Project. The Project includes FOR FURTHER INFORMATION CONTACT: For School, Randall Road, Tibwin Road, St. the construction of a new 115 kV information on the proposed Project and James-Santee School, Shellmore, Buck transmission line needed to energize the the EIS process, please contact Ms. Hall, Town of Awendaw, Doar Road, new McClellanville Substation located Lauren Rayburn, Environmental and areas adjacent to U.S. Highway 17 near the McClellanville service area. Scientist, Rural Utilities Service, 160 in northern Charleston County. The Supplemental Draft EIS considers Zillicoa Street, Suite 2, Asheville, North The Supplemental Draft EIS considers three alternatives, encompassing three Carolina 28801, Telephone: (202) 695– three alternatives, encompassing three potential corridor locations with one 2540 or email: lauren.rayburn@ potential corridor locations with one corridor including two different usda.gov. Parties wishing to be placed corridor including two different alignments. The overall project area on the Project mailing list for future alignments. The corridors range in encompasses parts of Berkeley, information and to receive copies of the length from 16 to 31 miles and Georgetown and Charleston counties in Supplemental Draft EIS and the Final encompasses parts of Berkeley, coastal South Carolina, and potentially EIS when available should also contact Georgetown and Charleston counties in crosses the Francis Marion National Ms. Rayburn. Comments on the South Carolina. The corridor locations Forest. Supplemental Draft EIS may be emailed propose to cross both public and private The Supplemental Draft EIS has to: Comments-mcclellanville@ lands, including the Francis Marion identified the potential for impacts to louisberger.com or physically mailed to National Forest, Santee Coastal Reserve, and other private and public lands used various resources, including wetlands, the address provided in this Notice. for conservation management purposes; biological resources and cultural SUPPLEMENTARY INFORMATION: RUS is resources (including historic all corridors are located entirely within authorized to make loans and loan the Gullah Geechee Cultural Heritage properties). Central Electric does not guarantees that finance the construction hold easements across these areas. Once Corridor. The Supplemental Draft EIS of electric distribution, transmission, analyzes the extent of Central’s a final right-of-way (ROW) is selected and generation facilities, including within the preferred corridor, Electric’s proposal with regard to the system improvements and replacements following: Water resources, biological coordination with federal and state required to furnish and improve electric agencies and other interested parties resources, soils and geology, air quality service in rural areas, as well as demand and greenhouse gas emissions, cultural would occur to identify, evaluate and, if side management, energy conservation needed, mitigate any adverse effects. resources, recreation and land use, programs, and on-grid and off-grid visual resources, socioeconomics, RUS will compile public comments renewable energy systems. Central received on the Supplemental Draft EIS environmental justice, transportation, Electric is an electric transmission health and safety, and noise. and produce a Final EIS that considers cooperative that provides transmission Central Electric plans to request and responds to those substantive service from the bulk transmission financial assistance for the proposed public comments. Based on this analysis system to South Carolina’s 20 retail Project from RUS. Completing the EIS is in additional to technical and financial electric cooperatives. Berkeley Electric, one of RUS’s requirements in processing reviews, RUS will decide to approve or a member distribution electric a future application from Central deny an application for funding. cooperative of Central Electric, was Electric, along with other technical and DATES: The public comment period on formed in 1940 to bring electric service financial considerations. In accordance the Supplemental Draft EIS starts with to rural areas of coastal South Carolina. with 40 CFR 1501.5(b) of the Council on the publication of the U.S. Berkeley Electric owns and operates Environmental Quality’s (CEQ) Environmental Protection Agency’s more than 5,000 miles of distribution Regulation for Implementing the environmental impact statement (EIS) line serving more than 80,000 accounts Procedural Provisions of the National receipt notice in the Federal Register in Berkeley, Charleston, and Dorchester Environmental Policy Act (CEQ and will continue for 60 days. The counties. Regulations), RUS will serve as the lead Supplemental Draft EIS and associated Project Description: Central Electric agency in the preparation of the EIS. documents will be available for the has identified the need for additional The U.S. Army Corps of Engineers and public to view on the weblink provided electric transmission capacity in the the U.S. Forest Service are participating in this Notice. RUS will consider all McClellanville area of coastal South as cooperating agencies. RUS has substantive written comments on the Carolina to meet reliability and energy prepared a Supplemental Draft EIS to Supplemental Draft EIS received or load requirements of its member owner, analyze the impacts of the respective postmarked within the 60-day Berkeley Electric Cooperative. federal actions and the proposed Project timeframe. Agencies, interested parties, Investigations and analyses conducted in accordance with the National and the public are invited to submit for the overall power delivery systems Environmental Policy Act (NEPA), as comments on the Supplemental Draft found that without improvements, the amended, CEQ Regulations, RUS EIS at any time during the public flow of power along existing lines may Environmental Policies and Procedures, comment period RUS contact result in local line overloads and power and the U.S. Forest Service’s National information provided in this Notice. outages. To resolve these issues, Central Environmental Policy Act procedures. The date(s) and time for a public Electric is proposing to construct, own Because the proposed Project may meeting will be announced in local and operate a new 115-kV transmission involve action in floodplains or newspapers and published on the line and associated supporting wetlands, this Notice also serves as a agency’s website at: https:// infrastructure to energize the new notice of proposed floodplain or
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wetland action. The Supplemental Draft Project under separate authorities. For DEPARTMENT OF COMMERCE EIS will include an assessment of effects the U.S. Forest Service, a draft Record to floodplains/wetlands and, if required, of Decision would be subject to the Economic Development Administration a statement of findings will be issued Agency’s administrative review process with the Final SEIS. at 36 CFR part 218, subparts A and B. Notice of Petitions by Firms for RUS has determined that its action The U.S. Forest Service may need to Determination of Eligibility To Apply regarding the proposed Project would be issue a special use permit to authorize for Trade Adjustment Assistance an undertaking subject to review under occupancy of National Forest System Section 106 of the National Historic lands for this proposal. Per 40 CFR AGENCY: Economic Development Preservation Act (Section 106), and its 1506.3, the U.S. Forest Service intends Administration, U.S. Department of implementing regulations, ‘‘Protection to review and adopt the Final EIS, if Commerce. found sufficient, in support of issuance of Historic Properties.’’ As part of its ACTION: of a special use permit. Notice and opportunity for broad environmental review process, public comment. RUS must consider the effect of the Public Participation: The EIS process proposed Project on historic properties has included past scoping meetings and SUMMARY: The Economic Development in accordance with Section 106. comment periods; consultation and Administration (EDA) has received Pursuant to 36 CFR 800.2(d)(3), RUS is involvement with appropriate Federal, using its procedures for public State, local, and tribal governments; and petitions for certification of eligibility to involvement under NEPA to meet its a public meeting and comment period apply for Trade Adjustment Assistance responsibilities to solicit and consider on the Draft EIS issued in 2014. The from the firms listed below. the views of the public during Section date(s) and time for a public meeting Accordingly, EDA has initiated 106 review. Accordingly, comments will be announced in local newspapers investigations to determine whether and published on the agency’s website submitted in response to this Notice increased imports into the United States at: https://www.rd.usda.gov/ will inform RUS decision-making in its of articles like or directly competitive publications/environmental-studies/ Section 106 review process. Any party with those produced by each of the impact-statements/mccllellanville- wishing to participate more directly firms contributed importantly to the 115kv-transmission-line. Attendees are with RUS as a ‘‘consulting party’’ in total or partial separation of the firms’ welcome to attend any public meetings Section 106 review may submit a workers, or threat thereof, and to a and to provide written or oral comments written request to the RUS contact decrease in sales or production of each on the Project. A court reporter will be provided in this Notice. petitioning firm. present. The process will be followed by Agency Responsibilities: RUS is publication of a Final EIS and SUPPLEMENTARY INFORMATION: serving as the lead agency, as defined at publication of a Record of Decision. 40 CFR 1501.5, for preparation of the Supplemental Draft EIS. The U.S. Army Christopher A. Mclean, Corps of Engineers and the U.S. Forest Assistant Administrator—Electric Program, Service are participating as cooperating Rural Utilities Service. agencies and may issue separate [FR Doc. 2019–18790 Filed 8–29–19; 8:45 am] Records of Decision relevant to the BILLING CODE P
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [8/2/2019 through 8/22/2019]
Date accepted for Firm name Firm address investigation Product(s)
D & W, Inc ...... 941 Oak Street, Elkhart, IN 46514 ...... 8/14/2019 The firm manufactures mirrors and patterned glass. Fetting’s Frozen Foods, 206 4th Street West, Finley, ND 58230 ...... 8/21/2019 The firm manufactures frozen bread dough. LLC. Sieling and Jones, Inc.. 127 Pleasant Avenue, New Freedom, PA 8/22/2019 The firm manufactures veneer wood products. 17349.
Any party having a substantial Please follow the requirements set DEPARTMENT OF COMMERCE interest in these proceedings may forth in EDA’s regulations at 13 CFR request a public hearing on the matter. 315.9 for procedures to request a public Bureau of Industry and Security A written request for a hearing must be hearing. The Catalog of Federal submitted to the Trade Adjustment Domestic Assistance official number Submission for OMB Review; Assistance Division, Room 71030, and title for the program under which Comment Request Economic Development Administration, these petitions are submitted is 11.313, The Department of Commerce will U.S. Department of Commerce, Trade Adjustment Assistance for Firms. submit to the Office of Management and Washington, DC 20230, no later than ten Irette Patterson, Budget (OMB) for clearance the (10) calendar days following publication following proposal for collection of of this notice. These petitions are Program Analyst. information under the provisions of the received pursuant to section 251 of the [FR Doc. 2019–18740 Filed 8–29–19; 8:45 am] Paperwork Reduction Act (44 U.S.C. Trade Act of 1974, as amended. BILLING CODE 3510–WH–P Chapter 35).
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Agency: Bureau of Industry and Estimated Time per Response: 15 Constitution Avenue, Suite 2099B, Security. minutes. Washington, DC 20233 (or via the Title: Delivery Verification Procedure Needs and Uses: The United States internet at [email protected]). All for Imports. and several other countries have Personally Identifiable Information (for Form Number(s): BIS–647P. increased the effectiveness of their example, name and address) voluntarily OMB Control Number: 0694–0016. respective controls over international submitted by the commenter may be Type of Review: Regular submission. trade in strategic commodities by means publicly accessible. Do not submit Estimated Total Annual Burden of an Import Certificate procedure. For Confidential Business Information or Hours: 56. the U.S. importer, this procedure otherwise sensitive or protected Estimated Number of Respondents: provides that, where required by the information. You may submit 100. exporting country, the importer submits attachments to electronic comments in Estimated Time per Response: 30 an international import certificate to the Microsoft Word, Excel, or Adobe PDF minutes. U.S. Government to certify that he/she Needs and Uses: Foreign file formats. will import commodities into the governments, on occasions, require U.S. SUPPLEMENTARY INFORMATION: United States and will not reexport such importers of strategic commodities to commodities, except in accordance with I. Abstract furnish their foreign supplier with a the export control regulations of the U.S. Delivery Verification Certificate All U.S. firms desiring to participate United States. in the NATO International Competitive validating that the commodities shipped Affected Public: Business or other for- to the U.S. were in fact received. This Bidding (ICB) process under the NATO profit organizations. Security Investment Program (NSIP) procedure increases the effectiveness of Frequency: On Occasion. controls on the international trade of must be certified as technically, Respondent’s Obligation: Voluntary. financially and professionally strategic commodities. This information collection request competent. The U.S. Department of Affected Public: Business or other for- may be viewed at reginfo.gov http:// Commerce provides the Declaration of profit organizations. www.reginfo.gov/public/. Follow the Eligibility that certifies these firms. Any Frequency: On Occasion. instructions to view Department of such firm seeking certification is Respondent’s Obligation: Voluntary. Commerce collections currently under This information collection request required to submit a completed Form review by OMB. may be viewed at reginfo.gov http:// Written comments and BIS–4023P along with a current annual www.reginfo.gov/public/. Follow the recommendations for the proposed financial report and a resume of past instructions to view Department of information collection should be sent projects in order to become certified and Commerce collections currently under within 30 days of publication of this placed on the Consolidated List of review by OMB. notice to OIRA_Submission@ Eligible Bidders. Written comments and omb.eop.gov. recommendations for the proposed II. Method of Collection information collection should be sent Sheleen Dumas, Applications are submitted to the U.S. within 30 days of publication of this Departmental Lead PRA Officer, Office of the Department of Commerce’s Office of notice to OIRA_Submission@ Chief Information Officer, Commerce Strategic Industries and Economic omb.eop.gov. Department. Security, Defense Programs Division [FR Doc. 2019–18738 Filed 8–29–19; 8:45 am] where the contents are reviewed for Sheleen Dumas, BILLING CODE 3510–33–P completeness and accuracy by the Departmental Lead PRA Officer, Office of the NATO Program Specialist. The Chief Information Officer, Commerce Department. application is a one-time effort. The DEPARTMENT OF COMMERCE information provided on the BIS–4023P [FR Doc. 2019–18772 Filed 8–29–19; 8:45 am] form is used to certify the U.S. firm and BILLING CODE 3510–33–P Bureau of Industry and Security place it in the bidders list database. BIS has developed a form-fillable Proposed Information Collection; .PDF version of the BIS–4023P to enable DEPARTMENT OF COMMERCE Comment Request; Application for electronic submission of this form. The NATO International Bidding Bureau of Industry and Security form is available at the following URL: AGENCY: Bureau of Industry and http://www.bis.doc.gov/index.php/ Submission for OMB Review; Security, Commerce. other-areas/strategic-industries-and- Comment Request ACTION: Notice. economic-security-sies/nato-related- business-opportunities. Completed The Department of Commerce will SUMMARY: The Department of applications and supporting submit to the Office of Management and Commerce, as part of its continuing documentation may be submitted Budget (OMB) for clearance the effort to reduce paperwork and electronically via email. following proposal for collection of respondent burden, invites the general information under the provisions of the public and other Federal agencies to III. Data Paperwork Reduction Act. take this opportunity to comment on OMB Control Number: 0694–0128. Agency: Bureau of Industry and proposed and/or continuing information Form Number(s): BIS–4023P. Security. collections, as required by the Type of Review: Regular submission. Title: International Import Certificate. Paperwork Reduction Act of 1995. Form Number(s): N/A. Affected Public: Business or other For OMB Control Number: 0694–0017. DATES: To ensure consideration, written Profit. Type of Review: Regular submission. comments must be submitted on or Estimated Number of Respondents: Estimated Total Annual Burden before October 29, 2019. 50. Hours: 67. ADDRESSES: Direct all written comments Estimated Time per Response: 1 hour. Estimated Number of Respondents: to Mark Crace, IC Liaison, Bureau of Estimated Total Annual Burden 250. Industry and Security, 1401 Hours: 50.
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Estimated Total Annual Cost to FOR FURTHER INFORMATION CONTACT: Leo (UNII) number of W81N5U6R6U. MSG Public: There is no cost to the Ayala, AD/CVD Operations, Office VII, in anhydrous form has a molecular respondent other than time to answer Enforcement and Compliance, formula of C5H8NO4Na, a CAS registry the information request. International Trade Administration, number of l42–47–2, and a UNII number Respondent’s Obligation: Voluntary. U.S. Department of Commerce, 1401 of C3C196L9FG. Merchandise covered Legal Authority: Section 401 (10) of Constitution Avenue NW, Washington, by the scope of this order is currently Executive order 12656 (November 18, DC 20230; telephone: (202) 482–3945. classified in the Harmonized Tariff 1988), 15 U.S.C. Section 1512. SUPPLEMENTARY INFORMATION: Schedule of the United States (HTSUS) at subheading 2922.42.10.00. IV. Request for Comments Background Merchandise subject to the order may Comments are invited on: (a) Whether On November 1, 2018, Commerce also enter under HTS subheadings the proposed collection of information published a notice of opportunity to 2922.42.50.00, 2103.90.72.00, is necessary for the proper performance request an administrative review of the 2103.90.74.00, 2103.90.78.00, of the functions of the agency, including antidumping duty order on 2103.90.80.00, and 2103.90.90.91. The whether the information shall have monosodium glutamate (MSG) from the tariff classifications, CAS registry practical utility; (b) the accuracy of the People’s Republic of China (China).1 In numbers, and UNII numbers are agency’s estimate of the burden response, on November 30, 2018, provided for convenience and customs (including hours and cost) of the Ajinomoto North America, Inc. (the purposes; however, the written proposed collection of information; (c) petitioner) requested a review of 28 description of the scope is dispositive.6 ways to enhance the quality, utility, and companies.2 Commerce initiated a clarity of the information to be review of all 28 companies on February Methodology collected; and (d) ways to minimize the 6, 2019.3 For a list of these companies, Commerce is conducting this review burden of the collection of information see the appendix to this notice. The in accordance with section 751(a)(1)(B) on respondents, including through the deadline for interested parties to submit of the Tariff Act of 1930, as amended use of automated collection techniques an SRA or an SRC was March 7, 2019.4 (the Act), and 19 CFR 351.213. or other forms of information No party submitted an SRA or an SRC.5 Preliminary Results of Review technology. Scope of the Order Comments submitted in response to Commerce no longer considers the this notice will be summarized and/or The product covered by this order is non-market economy (NME) entity as an included in the request for OMB MSG, whether or not blended or in exporter conditionally subject to an approval of this information collection; solution with other products. antidumping duty administrative they also will become a matter of public Specifically, MSG that has been blended reviews.7 Accordingly, the NME entity or is in solution with other product(s) is record. will not be under review unless included in this scope when the Commerce specifically receives a Sheleen Dumas, resulting mix contains 15 percent or request for, or self-initiates, a review of Departmental Lead PRA Officer, Office of the more of MSG by dry weight. Products the NME entity.8 In this administrative Chief Information Officer, Commerce with which MSG may be blended review, no party requested a review of Department. include, but are not limited to, salts, the China-wide entity. Moreover, we [FR Doc. 2019–18778 Filed 8–29–19; 8:45 am] sugars, starches, maltodextrins, and have not self-initiated a review of the BILLING CODE 3510–07–P various seasonings. Further, MSG is China-wide entity. Because no review of included in this order regardless of the China-wide entity is being physical form (including, but not conducted, the China-wide entity’s DEPARTMENT OF COMMERCE limited to, in monohydrate or entries are not subject to the review and anhydrous form, or as substrates, International Trade Administration the rate applicable to the NME entity is solutions, dry powders of any particle not subject to change as a result of this size, or unfinished forms such as MSG review. [A–570–992] slurry), end-use application, or None of the 28 companies subject to packaging. MSG in monohydrate form Monosodium Glutamate From the this review filed an SRA or an SRC. has a molecular formula of C5H8NO4Na People’s Republic of China: Commerce preliminarily determines ¥ H2O, a Chemical Abstract Service Preliminary Results of the that these companies have not (CAS) registry number of 6106–04–3, demonstrated their eligibility for Antidumping Duty Administrative and a Unique Ingredient Identifier Review; 2017–2018 separate rate status. Commerce also
1 preliminarily determines that the 28 AGENCY: See Antidumping or Countervailing Duty Order, Enforcement and Compliance, Finding, or Suspended Investigation; Opportunity companies subject to review are part of International Trade Administration, to Request Administrative Review, 83 FR 39420 Department of Commerce. (November 1, 2018) (Order). 6 See Monosodium Glutamate from the People’s 2 SUMMARY: The Department of Commerce See Ajinomoto’s Letter, ‘‘Monosodium Republic of China: Second Amended Final Glutamate from China: Request for Administrative Determination of Sales at Less Than Fair Value and (Commerce) preliminarily finds that the Review,’’ dated November 30, 2018, at Attachment Amended Antidumping Order, 80 FR 487 (January 28 companies subject to this A (listing 28 companies for which Ajinomoto 6, 2015). administrative review are part of the sought a review). 7 See Antidumping Proceedings: Announcement China-wide entity because none filed a 3 See Initiation of Antidumping and of Change in Department Practice for Respondent separate rate application (SRA) and/or a Countervailing Duty Administrative Reviews, 84 FR Selection in Antidumping Duty Proceedings and 2159 (February 6, 2019) (Initiation Notice). Conditional Review of the Nonmarket Economy separate rate certification (SRC). The 4 See Initiation Notice. Entity in NME Antidumping Duty Proceedings, 78 period of review (POR) is November 1, 5 Id. at 2160 (‘‘Separate Rate Certifications are due FR 65963, 65970 (November 4, 2013). 2017 through October 31, 2018. to Commerce no later than 30 calendar days after 8 In accordance with 19 CFR 351.213(b)(1), parties Interested parties are invited to publication of this Federal Register notice . . . should specify that they are requesting a review of Separate Rate Status Applications are due to entries from exporters comprising the entity, and to comment on these preliminary results. Commerce no later than 30 calendar days from the extent possible, include the names of such DATES: Applicable August 30, 2019. publication of this Federal Register notice.’’). exporters in their request.
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the China-wide entity. The China-wide on all appropriate entries of subject Notification to Interested Parties 9 15 entity rate is 40.41 percent. merchandise covered by this review. We are issuing and publishing these We intend to instruct CBP to liquidate Public Comment preliminary results in accordance with entries containing subject merchandise sections 751(a)(1) and 777(i) of the Act, Interested parties are invited to exported by the companies under and 19 CFR 351.213(h) and comment on the preliminary results and review that we determine in the final 351.221(b)(4). may submit case briefs and/or written results to be part of the China-wide comments, filed electronically via entity at the China-wide entity rate of Dated: August 6, 2019. Enforcement and Compliance’s 40.41 percent. Commerce intends to Jeffrey I. Kessler, Antidumping and Countervailing Duty issue assessment instructions to CBP 15 Assistant Secretary for Enforcement and Centralized Electronic Service System days after the date of publication of this Compliance. (ACCESS), within 30 days after the date review in the Federal Register.16 Appendix of publication of these preliminary results of review.10 ACCESS is available Cash Deposit Requirements List of Companies Covered by This Review to registered users at http:// 1. Anhui Fresh Taste International Trade Co., The following cash deposit access.trade.gov and is available to all Ltd. requirements will be effective upon parties in the Central Records Unit in 2. Baoji Fufeng Biotechnologies Co., Ltd. publication of the final results of this 3. Blu Logistics (China) Co., Ltd. Room B8024 of the main Commerce review for shipments of the subject 4. Bonroy Group Limited building. Rebuttal briefs, limited to merchandise from China entered, or 5. Forehigh Trade and Industry Co., Ltd. issues raised in the case briefs, must be 6. Fujian Province Jianyang Wuyi MSG Co., withdrawn from warehouse, for filed within five days after the time Ltd. limit for filing case briefs.11 Parties who consumption on or after the publication 7. Golden Banyan Foodstuffs Industry Co., submit case or rebuttal briefs in this date, as provided by sections Ltd. proceeding are requested to submit with 751(a)(2)(C) of the Act: (1) For 8. Henan Lotus Flower Gourmet Powder Co. companies that have a separate rate, the 9. Hong Kong Sungiven International Food each argument a statement of the issue, Co., Limited a brief summary of the argument, and a cash deposit rate will be that established in the final results of this review 10. Hulunbeier Northeast Fufeng table of authorities.12 Biotechnologies Co., Ltd. Interested parties who wish to request (except, if the rate is zero or de minimis, 11. K&S Industry Limited a hearing, or to participate if one is then zero cash deposit will be required); 12. King Cheong Hong International requested, must submit a written (2) for previously investigated or 13. Langfang Meihua Bio-Technology Co., request to Commerce within 30 days of reviewed Chinese and non-Chinese Ltd. 14. Liangshan Linghua Biotechnology Co., the date of publication of this notice.13 exporters not listed above that received a separate rate in a prior segment of this Ltd. Requests should contain: (1) The party’s 15. Lotus Health Industry Holding Group name, address, and telephone number; proceeding, the cash deposit rate will continue to be the existing exporter- 16. Meihua Group International Trading (2) The number of participants; and (3) (Hong Kong) Limited, a list of issues to be discussed. Issues specific rate; (3) for all Chinese 17. Meihua Holdings Group Co., Ltd., Bazhou raised in the hearing will be limited to exporters of subject merchandise that Branch those raised in the respective case and have not been found to be entitled to a 18. Neimenggu Fufeng Biotechnologies Co., rebuttal briefs. If a request for a hearing separate rate, the cash deposit rate will Ltd. 19. Pudong Prime Int’l Logistics, Inc. is made, parties will be notified of the be that for the China-wide entity (i.e., 40.41 percent); and (4) for all non- 20. Qinhuangdao Xingtai Trade Co., Ltd. time and date for the hearing to be held 21. S.D. Linghua M.S.G. Incorporated Co. at the U.S. Department of Commerce, Chinese exporters of subject merchandise which have not received 22. Shandong Linghua Monosodium 1401 Constitution Avenue NW, Glutamate Incorporated Company Washington, DC 20230.14 Commerce their own rate, the cash deposit rate will 23. Shandong Qilu Biotechnology Group intends to issue the final results of this be the rate applicable to the Chinese 24. Shanghai Totole Food Ltd. administrative review, which will exporter that supplied that non-Chinese 25. Shijiazhuang Standard Imp & Exp Co., include the results of our analysis of all exporter. These deposit requirements, Ltd. 26. Sunrise (HK) International Enterprise issues raised in the case briefs, within when imposed, shall remain in effect until further notice. Limited 120 days of publication of these 27. Tongliao Meihua Biological Sci-Tech Co., preliminary results in the Federal Notification to Importers Ltd. Register, unless extended, pursuant to 28. Zhejiang Medicines & Health section 751(a)(3)(A) of the Act. This notice also serves as a reminder [FR Doc. 2019–18829 Filed 8–29–19; 8:45 am] to importers of their responsibility BILLING CODE 3510–DS–P Assessment Rates under 19 CFR 315.402(f)(2) to file a Upon issuance of the final results of certificate regarding the reimbursement this review, Commerce will determine, of antidumping duties prior to DEPARTMENT OF COMMERCE and U.S. Customs and Border Protection liquidation of the relevant entries (CBP) shall assess, antidumping duties during this review period. Failure to International Trade Administration comply with this requirement could 9 See Monosodium Glutamate from the People’s result in Commerce’s presumption that Submission for OMB Review; Republic of China: Second Amended Final reimbursement of antidumping duties Comment Request Determination of Sales at Less Than Fair Value and Amended Antidumping Duty Order, 80 FR 487 occurred and the subsequent assessment The Department of Commerce will (January 6, 2015). of double antidumping duties. submit to the Office of Management and 10 See 19 CFR 351.309(c)(1)(ii). Budget (OMB) for clearance the 11 See 19 CFR 351.309(d)(1) and (2). 15 See 19 CFR 351.212(b)(1). following proposal for collection of 12 See 19 CFR 351.309(c) and (d); see also 19 CFR 16 For a full discussion of this practice, see Non- 351.303 (for general filing requirements). Market Economy Antidumping Proceedings: information under the provisions of the 13 See 19 CFR 351.310(c). Assessment of Antidumping Duties, 76 FR 65694 Paperwork Reduction Act (44 U.S.C. 14 See 19 CFR 351.310(d). (October 24, 2011). Chapter 35).
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Agency: International Trade Affected Public: Individuals or 2012, Commerce implemented its Administration (ITA). households; business or other for-profit revised countervailable subsidy rates Title: Procedures for Considering organizations. pursuant to the findings in the section Requests and Comments from the Public Frequency: On occasion. 129 proceeding of the Uruguay Round for Textile and Safeguard Actions on Respondent’s Obligation: Voluntary. Agreements Act (URAA).2 On June 23, Imports from Oman. This information collection request 2014, at the conclusion of the first Form Number(s): None. may be viewed at reginfo.gov. Follow sunset review, Commerce issued a OMB Control Number: 0625–0266. the instructions to view Department of notice of continuation of the order.3 Type of Request: Regular submission. Commerce collections currently under On May 1, 2019, Commerce published Number of Respondents: 6 (1 for review by OMB. the notice of initiation of the second Request; 5 for Comments). Written comments and sunset review of the countervailing duty Average Hours per Response: 4 hours recommendations for the proposed order on light-walled rectangular pipe for a Request; and 4 hours for a information collection should be sent and tube from the China, in accordance Comment. within 30 days of publication of this with section 751(c) of the Tariff Act of 4 Burden Hours: 24. notice to OIRA_Submission@ 1930, as amended (the Act). Commerce Needs and Uses: Title III, Subtitle B, omb.eop.gov or fax to (202) 395–5806. received a notice of intent to participate from Atlas Tube, a division of Zekelman Section 321 through Section 328 of the Sheleen Dumas, United States-Oman Free Trade Industries, Bull Moose Tube Co., Departmental Lead PRA Officer, Office of the California Steel and Tube, Hannibal Agreement Implementation Act (the Chief Information Officer, Commerce ‘‘Act’’) implements the textile and Industries, Maruichi American Department. Corporation, Searing Industries, and apparel safeguard provisions, provided [FR Doc. 2019–18798 Filed 8–29–19; 8:45 am] for in Article 3.1 of the United States- Vest, Inc. (domestic interested parties) BILLING CODE 3510–DS–P Oman Free Trade Agreement (the and from Independence Tube Corporation, a Nucor company ‘‘Agreement’’). This safeguard (Independence Tube) and Southland mechanism applies when, as a result of DEPARTMENT OF COMMERCE Tube, Incorporated, a Nucor company the elimination of a customs duty under (Southland Tube) (collectively, Nucor the Agreement, an Omani textile or International Trade Administration Pipe Mills), within the deadline apparel article is being imported into specified in 19 CFR 351.218(d)(1)(i).56 the United States in such increased [C–570–915] Each of the companies claimed quantities, in absolute terms or relative Light-Walled Rectangular Pipe and interested party status under section to the domestic market for that article, Tube From the People’s Republic of 771(9)(C) of the Act, as a domestic and under such conditions as to cause China: Final Results of the Expedited producer of light-walled rectangular serious damage or actual threat thereof Second Five-Year Sunset Review of pipe and tube. to a U.S. industry producing a like or the Countervailing Duty Order Commerce received a substantive directly competitive article. In these response from domestic producers 7 circumstances, Article 3.1 permits the AGENCY: Enforcement and Compliance, United States to increase duties on the International Trade Administration, 2 See Implementation of Determinations Under imported article from Oman to a level Department of Commerce. Section 129 of the Uruguay Round Agreements Act: that does not exceed the lesser of the SUMMARY: As a result of this expedited Certain New Pneumatic Off-the-Road Tires; Circular prevailing U.S. normal trade relations Welded Carbon Quality Steel Pipe; Laminated sunset review, the Department of Woven Sacks; and Light-Walled Rectangular Pipe (NTR)/most-favored-nation (MFN) duty Commerce (Commerce) finds that and Tube from the People’s Republic of China, 77 rate for the article or the U.S. NTR/MFN revocation of this countervailing duty FR 52683 (August 30, 2012). duty rate in effect on the day before the (CVD) order would be likely to lead to 3 See Light-Walled Rectangular Pipe and Tube Agreement entered into force. from Mexico, Turkey, the People’s Republic of continuation or recurrence of a China, and the Republic of Korea: Continuation of The Statement of Administrative countervailable subsidy at the levels Antidumping and Countervailing Duty Orders, 79 Action accompanying the Act provides indicated in the ‘‘Final Results of FR 35522 (June 23, 2014). that the Committee for the Review’’ section of this notice. 4 See Initiation of Five-Year (Sunset) Review, 84 Implementation of Textile Agreements FR 18477 (April 1, 2019). DATES: Applicable August 30, 2019. 5 (CITA) will issue procedures for See Domestic Interested Parties Letter, ‘‘Notice FOR FURTHER INFORMATION CONTACT: of Intent to Participate in Second Five-Year Review requesting such safeguard measures, for Ian Hamilton, AD/CVD Operations, Office of the Countervailing Duty Order on Light-Walled making its determinations under section Rectangular Pipe and Tube from China,’’ dated May 322(a) of the Act, and for providing II, Enforcement and Compliance, 13, 2019; see also, Nucor Pipe Mills Letter, ‘‘Light- relief under section 322(b) of the Act. International Trade Administration, Walled Rectangular Pipe and Tube from the People’s Republic of China: Notice of Intent to In Proclamation No. 8332 (73 FR U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, Participate,’’ dated May 16, 2019. 80289, December 31, 2008), the 6 DC 20230; telephone: (202) 482–4798. On July 15, 2019, Commerce was notified of the President delegated to CITA his inadvertent omission of Wheatland Tube Company, authority under Subtitle B of Title III of SUPPLEMENTARY INFORMATION: a division of Zekelman Industries, from the notice of appearance, application for administrative the Act with respect to textile and Background protective orders, and notice of intent to participate, apparel safeguard measures. although it was included in the domestic industry’s CITA must collect information in On August 5, 2008, Commerce substantive response dated May 31, 2019. See order to determine whether a domestic published its CVD order on light-walled Domestic Interested Parties Letter, ‘‘Second Five- Year Reviews of the Antidumping {sic} Duty Order textile or apparel industry is being rectangular pipe and tube from the People’s Republic of China (China) in on Light-Walled Rectangular Pipe and Tube from adversely impacted by imports of these China, Korea, Mexico, and Turkey: Errata,’’ dated 1 products from Oman, thereby allowing the Federal Register. On August 30, July 15, 2019. CITA to take corrective action to protect 7 See Domestic Producers Letter, ‘‘Light-Walled 1 See Notice of Countervailing Duty Order: Light- Rectangular Pipe and Tube from the People’s the viability of the domestic textile or Walled Rectangular Pipe and Tube from the Republic of China, Second Review: Substantive apparel industry, subject to section People’s Republic of China, 73 FR 45405 (August Response to Notice of Initiation,’’ dated May 31, 322(b) of the Act. 5, 2008). 2019, and filed on behalf of Atlas Tube; Bull Moose
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within the 30-day deadline specified in of the Harmonized Tariff Schedule of registered users at http:// 19 CFR 351.218(d)(3)(i). We received no the United States (HTSUS). Although access.trade.gov and in the Central substantive response from any other the HTSUS subheadings are provided Records Unit, Room B8024 of the main domestic or interested parties in this for convenience and customs purposes, Commerce building. A list of topics proceeding, nor was a hearing the written description is dispositive. discussed in the Issues and Decision requested. For a full description of the scope of the Memorandum is included as an On July 2, 2019, Commerce notified order, see the Issues and Decision Appendix to this notice. In addition, a the U.S. International Trade Memorandum.9 complete version of the Issues and Commission (ITC) that it did not receive Decision Memorandum can be accessed an adequate substantive response from Analysis of Comments Received directly on the internet at http:// 8 respondent interested parties. As a enforcement.trade.gov/frn/. The signed result, pursuant to section 751(c)(3)(B) All issues raised in this sunset review are addressed in the Issues and Decision Issues and Decision Memorandum and of the Act and 19 CFR the electronic version of the Issues and 351.218(e)(1)(ii)(C)(2), Commerce Memorandum, which is hereby adopted by this notice. The issues discussed in Decision Memorandum are identical in conducted an expedited (120-day) content. sunset review of this countervailing the Issues and Decision Memorandum duty order. are the likelihood of continuation or Final Results of Sunset Review recurrence of a countervailable subsidy Scope of the Order and the net countervailable subsidy Pursuant to sections 751(c)(1) and The merchandise subject to the order rates likely to prevail if this order were 752(b)(1) and (3) of the Act, we is certain welded carbon quality light- revoked. The Issues and Decision determine that revocation of the walled steel pipe and tube, of Memorandum is a public document and countervailing duty order on light- rectangular (including square) cross is on file electronically via the walled rectangular pipe and tube from section, having a wall thickness of less Enforcement and Compliance’s the China would be likely to lead to than 4 mm. The merchandise subject to Antidumping and Countervailing Duty continuation or recurrence of a the order is currently classifiable under Centralized Electronic Service System countervailable subsidy at the rates items 7306.61.50.00 and 7306.61.70.60 (ACCESS). ACCESS is available to listed below:
Net countervailable Manufacturers/producer/exporter subsidy (percent)
Zhangjiagang Zhongyuan Pipe-making Co., Ltd., Jiangsu Qiyuan Group Co., Ltd ...... 15.28 Qingdao Xiangxing Steel Pipe Co., Ltd ...... 200.58 Kunshan Lets Win Steel Machinery Co., Ltd ...... 2.20 All-Others ...... 15.28
Administrative Protective Order (APO) Dated: August 23, 2019. DEPARTMENT OF COMMERCE Jeffrey I. Kessler, This notice also serves as the only Assistant Secretary for Enforcement and National Oceanic and Atmospheric reminder to parties subject to an APO of Compliance. Administration their responsibility concerning the return or destruction of proprietary Appendix—List of Topics Discussed in Science Advisory Board information disclosed under APO in the Issues and Decision Memorandum AGENCY: National Oceanic and accordance with 19 CFR 351.305. I. Summary Atmospheric Administration (NOAA), Timely notification of the return or II. Background Department of Commerce (DOC). destruction of APO materials or III. Scope of the Order ACTION: Notice of public meeting. conversion to judicial protective order is IV. History of the Order hereby requested. Failure to comply V. Legal Framework SUMMARY: This is a virtual meeting. with the regulations and terms of an VI. Discussion of the Issues However, members of the public may APO is a violation which is subject to 1. Likelihood of Continuation or also come to 1315 East-West Highway, sanction. Recurrence of a Countervailable Subsidy SSMC3 Room 8836. This notice sets 2. Net Countervailable Subsidy Likely To Notification to Interested Parties forth the schedule and proposed agenda Prevail of a meeting of the NOAA Science This five-year (sunset) review and 3. Nature of the Subsidies Advisory Board (SAB). The members notice are in accordance with sections VII. Final Results of Sunset Review will discuss issues outlined in the VIII. Recommendation 751(c), 752(b), and 777(i)(1) of the Act section on Matters to be considered. [FR Doc. 2019–18830 Filed 8–29–19; 8:45 am] and 19 CFR 351.218. DATES: The meeting will be held BILLING CODE 3510–DS–P Monday, September 9, 2019 from 11:00 a.m. to 12:00 p.m. Eastern Daylight Time (EDT). These times and the agenda
Tube Co.; California Steel and Tube; Hannibal 8 See Commerce Letter, ‘‘Sunset Reviews Initiated Walled Rectangular Pipe and Tube from the Industries; Independence Tube Corp., a Nucor on May 1, 2019,’’ dated July 2, 2019. People’s Republic of China,’’ dated concurrently company; Maruichi American Corporation’ Searing 9 See Memorandum, ‘‘Issues and Decision with, and hereby adopted by, this notice (Issues and Industries, Inc.; Southland Tube, Inc., a Nucor Memorandum for the Expedited Second Sunset Decision Memorandum). company; Vest, Inc.; and Wheatland Tube Company Review of the Countervailing Duty Order on Light- (collectively Domestic Producers).
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topic described below are subject to FOR FURTHER INFORMATION CONTACT: Dr. FOR FURTHER INFORMATION CONTACT: change. For the latest agenda please Cynthia Decker, Executive Director, Terra Lederhouse at (301) 427–8360. refer to the SAB website: http:// SSMC3, Room 11230, 1315 East-West SUPPLEMENTARY INFORMATION: The sab.noaa.gov/SABMeetings.aspx. Hwy., Silver Spring, MD 20910; Phone Advisory Committee to the U.S. Section ADDRESSES: Public access is available at: Number: 301–734–1156; Email: to ICCAT will meet in open session to NOAA, SSMC 3 Room 8836. 1315 East- [email protected]; or visit the receive and discuss information on West Highway, Silver Spring, MD. SAB website at http://sab.noaa.gov/ recent white marlin and yellowfin tuna Members of the public may participate SABMeetings.aspx. assessments, updates on the shortfin virtually by registering at: https:// Dated: August 27, 2019. mako stock assessment, and ICCAT’s attendee.gotowebinar.com/register/ David Holst, progress on the Atlantic bluefin tuna 7316055114512901633. Chief Financial Officer/Administrative management strategy evaluation. Officer, Office of Oceanic and Atmospheric Additional information on the meeting SUPPLEMENTARY INFORMATION: The Research, National Oceanic and Atmospheric and the agenda will be posted prior to NOAA Science Advisory Board (SAB) Administration. the meeting at https:// was established by a Decision [FR Doc. 2019–18847 Filed 8–29–19; 8:45 am] www.fisheries.noaa.gov/event/special- Memorandum dated September 25, meeting-us-iccat-advisory-committee. 1997, and is the only Federal Advisory BILLING CODE 3510–KD–P Committee with responsibility to advise Special Accommodations the Under Secretary of Commerce for DEPARTMENT OF COMMERCE The meeting location is physically Oceans and Atmosphere on strategies accessible to people with disabilities. for research, education, and application National Oceanic and Atmospheric Requests for sign language of science to operations and information Administration interpretation or other auxiliary aids services. SAB activities and advice should be directed to Terra Lederhouse RIN 0648–XQ003 provide necessary input to ensure that at (301) 427–8360 at least 5 days prior National Oceanic and Atmospheric Special Meeting of the Advisory to the meeting date. Administration (NOAA) science Committee to the United States Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. programs are of the highest quality and Delegation to the International 1801 et seq. provide optimal support to resource Commission for the Conservation of Dated: August 22, 2019. management. Atlantic Tunas Alexa Cole, Status: The meeting will be open to public participation with a 5-minute AGENCY: National Marine Fisheries Acting Director, Office of International Affairs Service (NMFS), National Oceanic and and Seafood Inspection, National Marine public comment period at 11:50 a.m.– Fisheries Service. 11:55 a.m. EST. The SAB expects that Atmospheric Administration (NOAA), [FR Doc. 2019–18760 Filed 8–29–19; 8:45 am] public statements presented at its Commerce. BILLING CODE 3510–22–P meetings will not be repetitive of ACTION: Notice of Advisory Committee previously submitted verbal or written meeting and webinar/conference call. statements. In general, each individual DEPARTMENT OF COMMERCE or group making a verbal presentation SUMMARY: The Advisory Committee will be limited to a total time of two (2) (Committee) to the U.S. Section to the National Oceanic and Atmospheric minutes. Written comments for the International Commission for the Administration meeting should be received in the SAB Conservation of Atlantic Tunas (ICCAT) Executive Director’s Office by announces a special meeting to be held Notice of Availability of a Draft September 3, 2019 to provide sufficient September 5–6, 2019. The meeting is Environmental Impact Statement for time for SAB review. Written comments open to the public and will be the Florida Keys National Marine received after by the SAB Executive accessible via conference call and Sanctuary Restoration Blueprint; Director after these dates will be webinar. Announcement of Public Meetings distributed to the SAB, but may not be DATES: The meeting and webinar will AGENCY: Office of National Marine reviewed prior to the meeting date. take place in open session on September Sanctuaries, National Ocean Service, Special Accommodations: These 5, 2019, 1:30 p.m. to 5:30 p.m. and National Oceanic and Atmospheric meetings are physically accessible to September 6, 2019, 9 a.m. to 12 p.m. Administration, Department of people with disabilities. Requests for ADDRESSES: The meeting will be held at Commerce. special accommodations may be the Sheraton Silver Spring Hotel, 8777 ACTION: Notice of availability and public directed no later than 12:00 p.m. on Georgia Ave., Silver Spring, Maryland meetings. September 3, 2019, to Dr. Cynthia 20910. Decker, SAB Executive Director, The meeting will also be accessible SUMMARY: The National Oceanic and SSMC3, Room 11230, 1315 East-West via conference call and webinar. Atmospheric Administration (NOAA) Highway, Silver Spring, MC 20910; Conference call and webinar access has prepared a draft environmental Email: [email protected]. information are available at: https:// impact statement (DEIS) to evaluate a Matters To Be Considered: The www.fisheries.noaa.gov/event/special- range of alternatives for changes to the meeting will include a discussion of the meeting-us-iccat-advisory-committee. Florida Keys National Marine Sanctuary recommendations from the SAB The meeting agenda and materials will (FKNMS) to expand the boundary of the Environmental Information Services be posted to the same site. sanctuary, update sanctuary-wide Working Group regarding the Participants are strongly encouraged regulations, update the individual Environmental Prediction Innovation to log/dial in 15 minutes prior to the marine zones and their associated Center (EPIC). The Meeting materials, meeting. NMFS will show the regulations, and revise the sanctuary including work products will be made presentations via webinar and audio management plan. FKNMS protects available on the SAB website: http:// will be available via phone. There will 3,800 square miles of waters sab.noaa.gov/SABMeetings.aspx. not be opportunity for public comment. surrounding the Florida Keys, from
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south of Miami westward to the Dry Resort in Marathon. Please check encompassing more than 1,700 islands, Tortugas. Within the boundary of the https://floridakeys.noaa.gov/ for the out to Dry Tortugas National Park. sanctuary lie spectacular, unique, and schedule and time. NOAA will also The mission of the sanctuary is to nationally significant marine resources accept oral and written public comment protect the marine resources of the including North America’s only coral at the October 28 Miami-area public Florida Keys while facilitating human barrier reef, extensive seagrass beds, meeting and at the November 4 public uses that are consistent with the mangrove-fringed islands, and more meeting in Fort Myers. primary objective of sanctuary resource than 6,000 species of marine life. The ADDRESSES: You may submit comments protection. Through continued science- sanctuary also protects pieces of our on this document, identified by NOAA– based management, FKNMS endeavors Nation’s history such as shipwrecks and NOS–2019–0094, by the following to sustain high-quality environmental other archeological resources. The DEIS methods: and socioeconomic resources for current includes a proposed action and a range • Electronic Submission: Submit all and future generations. The Florida of alternatives that would help improve electronic public comments via the Keys support more than 77,000 the condition of resources in the Florida Federal e-Rulemaking Portal. Go to residents and approximately 5.5 million Keys through a series of regulatory and www.regulations.gov/ visitors, who collectively contribute to management measures designed to #!docketDetail;D=NOAA-NOS-2019- the $4.7 billion economy (Key West reduce threats and, where appropriate, 0094, click the ‘‘Comment Now!’’ icon, Chamber of Commerce, 2018), which restore coral reefs, seagrasses, and other complete the required fields, and enter relies on the existence and maintenance important habitats. NOAA is soliciting or attach your comments. of a healthy marine environment. The ecosystems of FKNMS provide habitats public comment on the DEIS, also • Written comments may also be for more than 6,000 species of fishes, referred to as the Restoration Blueprint. mailed to: Sarah Fangman, invertebrates, and plants in addition to DATES: Comments on this DEIS will be Superintendent, FKNMS, 33 East Quay uniquely expansive and diverse seagrass considered if received by January 31, Rd., Key West, FL 33040. and coral reef communities. These 2020. Public meetings will be held in Instructions: Comments sent by any resources are increasingly threatened by the following locations and times as other method, to any other address or various factors, including high levels of indicated below. individual, or received after the end of use, coral disease, and climate change. the comment period, may not be Date: Monday, September 23, Location: Since release of the 2011 condition considered by NOAA. All comments Key West High School, Address: 2100 report, sanctuary resources have been Flagler Avenue, Key West, FL 33040, received are a part of the public record impacted by Hurricane Irma, a serious Time: 6–9 p.m. and will generally be posted for public coral disease outbreak, a seagrass die-off Date: Monday, September 30, Location: viewing on www.regulations.gov and other threats. Marathon Middle High School, without change. All personally FKNMS is currently operating under Address: 350 Sombrero Beach Road, identifiable information (e.g., name, a 2007 revised management plan and Marathon, FL 33050, Time: 6–9 p.m. address, etc.), confidential business regulations largely developed as part of Date: Monday, October 7, Location: information, or otherwise sensitive the original management plan process in Coral Shores High School, Address: information submitted voluntarily by 1997, with minor modifications to the 89901 Old Highway, Tavernier, FL the sender will be publicly accessible. regulations in 2001 and 2010. 33070, Time: 6–9 p.m. NOAA will accept anonymous Consequently, the sanctuary’s 1997 Date: Tuesday, October 15, Location: comments (enter ‘‘N/A’’ in the required regulations and marine zones and 2007 TBD, Address: 1 Knights Key fields if you wish to remain management plan need updating to Boulevard, Marathon, FL 33050, anonymous). reflect current strategies for protecting Time: 9 a.m.—TBD. FOR FURTHER INFORMATION CONTACT: Beth sanctuary resource and providing Date: Monday, October 28, Location: Dieveney, Policy Analyst, FKNMS at recreational access and public use Newman Alumni Center, Address: 305–797–6818 or by email at opportunities. 6200 San Amaro Drive, Coral Gables, [email protected]. FL 33146, Time: 6–9 p.m. II. NOAA’s Proposed Action Copies of the DEIS can be Date: Monday, November 4, Location: downloaded or viewed on the internet This DEIS includes a proposed action Holiday Inn Airport at Town Center, at www.regulations.gov (search for with various components intended to Address: 9931 Interstate Commerce docket #NOAA–NOS–2019–0094) or at counteract the decline in resource Drive Fort Myers, FL 33913, Time: 6– https://floridakeys.noaa.gov/. Copies condition in the Florida Keys through a 9 p.m. series of regulatory and management Date: Tuesday, December 10, Location: can also be obtained by contacting Beth Dieveney. measures. These measures are designed TBD, Address: 1 Knights Key to reduce threats and, where SUPPLEMENTARY INFORMATION: Boulevard, Marathon, FL 33050, appropriate, restore coral reefs, Time: 9 a.m.—TBD. I. Background seagrasses, and other important habitats. The public meetings on September 23, Following the principles and processes Florida Keys National Marine Sanctuary 30, and October 7 in the Florida Keys set forth in the National Marine are designed to be informational only. Designated in 1990, FKNMS was the Sanctuaries Act ((NMSA), 16 U.S.C. NOAA will not provide time for oral ninth national marine sanctuary to be 1431 et seq.), this DEIS evaluates the public comment; however, written established in a network that comprises impacts to the human and ecological comments will be accepted. These 13 sanctuaries and two marine national environment under a variety of meetings will explain the actions, monuments. As one of the largest management measures that would purpose, and likely impacts proposed in marine protected areas in the United further protect the ecosystem and the Restoration Blueprint. NOAA will States, the sanctuary currently protects maintain the vibrant quality of life and provide for oral and written public approximately 3,800 square miles of economies of the Florida Keys. comment at the October 15 and coastal and ocean waters from the As the lead agency for this federal December 10 Sanctuary Advisory estuarine waters of South Florida along action, NOAA proposes to expand the Council meetings at the Isla Bella Beach the Florida Keys archipelago, boundary of the sanctuary, update
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sanctuary-wide regulations, update the listed as threatened or endangered migrate through the Ballard Locks at individual marine zones and their under the Endangered Species Act of Seattle, Washington. associated regulations, and revise the 1973. Section 120(b)(1) establishes the sanctuary management plan. In criteria whereby a state may apply to the DATES: Comments must be received by Secretary requesting authorization for preparing this DEIS, NOAA worked October 29, 2019. closely with the U.S. Fish and Wildlife the intentional lethal taking of Service (USFWS), a cooperating agency ADDRESSES: You may submit comments, individually identifiable pinnipeds that manages the USFWS Florida Keys identified by NOAA–NMFS–2019–0073, which are having a significant negative by any of the following methods: impact on the decline or recovery of National Wildlife Refuge Complex areas • that overlap portions of FKNMS. Electronic Submissions: Submit all salmonid fishery stocks. Section NOAA is seeking public comment on electronic public comments via the 120(b)(2) requires that any such the DEIS, which is available at https:// Federal eRulemaking Portal http:// application shall include a means of floridakeys.noaa.gov/ or may be www.regulations.gov. Go to https:// identifying the individual pinniped or obtained by contacting the individual www.regulations.gov/docket?D=NOAA- pinnipeds, and shall include a detailed listed under the heading FOR FURTHER NMFS-2019-0073, click the ‘‘Comment description of the problem interaction INFORMATION CONTACT. Now!’’ icon, complete the required and expected benefits of the taking. fields, and enter or attach your Section 120(c)(1) requires the Authority: 16 U.S.C. 1431 et seq. comments. Secretary to determine whether an Dated: August 23, 2019. • Mail: Comments on the application application has produced sufficient John Armor, should be addressed to: National Marine evidence to warrant establishing a Director, Office of National Marine Fisheries Service, 1201 NE Lloyd Blvd., Pinniped-Fishery Interaction Task Force Sanctuaries. Suite 1100, Portland, OR 97232 ATTN: (Task Force). On June 18, 2019, NMFS [FR Doc. 2019–18783 Filed 8–29–19; 8:45 am] Protected Resources Division, NOAA– determined that the application BILLING CODE 3510–NK–P NMFS–2019–0073. received on June 13, 2019, contained Instructions: All comments received sufficient evidence to warrant are a part of the public record and will establishing a Task Force, which will be DEPARTMENT OF COMMERCE generally be posted to http:// established after the closing of a public www.regulations.gov without change. comment period. National Oceanic and Atmospheric All personal identifying information Public Law 115–329, the Endangered Administration (e.g., name, address, etc.) voluntarily Salmon Predation Prevention Act of RIN 0648–XW004 submitted by the commenter may be 2018, amended Public Law 103–238, the publically accessible. Do not submit MMPA Amendments of 1994, by Marine Mammals; Pinniped Removal Confidential Business Information or replacing section 120(f) California sea Authority otherwise sensitive or protected lions and Pacific harbor seals; information. investigation and report, with a new AGENCY: National Marine Fisheries NMFS will accept anonymous section 120(f) Temporary Marine Service (NMFS), National Oceanic and comments (enter ‘‘N/A’’ in the required Mammal Removal Authority on the Atmospheric Administration (NOAA), fields, if you wish to remain Waters of the Columbia River or its Commerce. anonymous). Tributaries. ACTION: Notice; request for comments. The 2018 amendments to section FOR FURTHER INFORMATION CONTACT: Mr. 120(f) superseded the individually SUMMARY: On June 13, 2019, NMFS Robert Anderson, NMFS, West Coast identifiable and significant negative received an application from the Oregon Region (503) 231–2226. impact criteria, within the meaning of Department of Fish and Wildlife, the SUPPLEMENTARY INFORMATION: section 120(b)(1), by statutory Washington Department of Fish and exception. The 2018 Amendments also Wildlife, the Idaho Department of Fish Electronic Access included additional eligible entities 1 and Game, on behalf of their respective The application is available via the not identified in section 120(b)(1), that states; the Nez Perce Tribe, the internet at the following address: http:// may apply for authorization to Confederated Tribes of the Umatilla www.westcoast.fisheries.noaa.gov/ intentionally take, by lethal methods, Indian Reservation, the Confederated protected_species/marine_mammals/ sea lions present within the geographic Tribes of the Warm Springs Reservation authorized_stateshtml. area (see Summary) established in of Oregon, the Confederated Tribes and section 120(f). For the purposes of this Bands of the Yakama Nation; and the Statutory Authority application, a sea lion or sea lions Willamette Committee (hereafter Section 120 of the Marine Mammal present within the geographic area (see called—‘‘eligible entities’’). The eligible Protection Act (MMPA; 16 U.S.C. 1361, Summary) established in section 120(f) entities are requesting authorization to et seq.) allows the Secretary of are deemed to be individually intentionally take, by lethal methods, Commerce, acting through the Assistant California sea lions (Zalophus Administrator for Fisheries, and the 1 The Nez Perce Tribe, the Confederated Tribes of californianus) and Steller sea lions West Coast Regional Administrator of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, (Eumetopias jubatus: Eastern stock) that NMFS, to authorize the intentional the Confederated Tribes and Bands of the Yakama are located in the main stem of the lethal taking of individually identifiable Nation; and the section 120(f)(6)(D) Committee. The Columbia River between river mile 112 pinnipeds that are having a significant 120(f)(6)(D) Committee fulfills the requirements for and McNary Dam (river mile 292), or in negative impact on the decline or an eligible entity under section 120(f)(6)(A)(iii) of the MMPA. Pursuant to this section of the statute, any tributary to the Columbia River that recovery of salmonid fishery stocks the Committee members include the Oregon includes spawning habitat of threatened which have been listed as threatened or Department of Fish and Wildlife, the Confederated or endangered salmon or steelhead endangered species under the ESA, are Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs (Onchorynchus spp.). This action is approaching threatened species or Reservation of Oregon, the Confederated Tribes of intended to reduce or eliminate sea lion endangered species status (as those the Grand Ronde Community, and the Confederated predation on the fishery stocks that are terms are defined in that Act), or Tribes of the Siletz Indians of Oregon.
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identifiable and to be having a Regional Administrator is required to: as threatened or endangered under the significant negative impact, within the (1) Review the application to determine ESA: Lower Columbia River Chinook meaning of section 120(b)(1), as defined whether the applicant has produced salmon (O. tshawytscha), Snake River by section 120(f)(7) and (8) (MMPA; 16 sufficient evidence to warrant Fall-run Chinook salmon, Snake River U.S.C. 1389(f)(7) and (8)). As such, and establishing a Task Force to address the Spring/Summer-run Chinook salmon, even though an application submitted situation described in the application; Upper Columbia River Spring-run under section 120(f) is still required to (2) publish a notice in the Federal Chinook salmon, Upper Willamette provide a detailed description of the Register requesting public comment on River Chinook salmon, Lower Columbia problem interaction (or future potential the application, if sufficient evidence River steelhead, Middle Columbia River interaction) and the expected benefits of has been produced; (3) establish and steelhead (O. mykiss), Snake River Basin the taking, an eligible entity is not convene a Task Force; (4) consider any steelhead, Upper Columbia River required to include in their application recommendations made by the Task steelhead, Upper Willamette River a means of identifying the individual Force in making a determination steelhead, Columbia River chum salmon sea lion or sea lions, or demonstrate that whether to approve or deny the (O. keta), Lower Columbia River coho the sea lion predation impacts are application; and (5) if approved, salmon (O. kisutch), Snake River having a significant negative impact on immediately take steps to implement sockeye salmon (O. nerka), and the decline or recovery of the above- the intentional lethal taking, which Southern Distinct Population Segment mentioned at-risk fish stocks, within the shall be performed by agencies or of eulachon (Thaleichthys pacificus). meaning of section 120(b)(1). qualified individuals described in According to the information in the Section 120(f)(2)(C) requires the section 120(c)(4), or by individuals application, sea lion predation, within Secretary to establish procedures to employed by the eligible entities the geographic area (see Summary) coordinate issuance of permits described in section 120(f)(6). established in section 120(f), is having [authorizations] under this subsection, Section 120(c)(2) requires the Task a significant negative impact on the including application procedures and Force be composed of the following: (1) recovery on the above-mentioned timelines, delegation and revocation of Employees of the Department of fishery stocks. Additionally, the permits to and between eligible entities, Commerce; (2) scientists who are application states that removal of sea monitoring, periodic review, and knowledgeable about the pinniped lions is also intended to protect species geographic, seasonal take, and species- interaction; (3) representatives of of lamprey or sturgeon that may not be specific considerations. Therefore, in affected conservation and fishing listed as endangered or threatened but establishing the procedures pursuant to community organizations; (4) Indian are listed as a species of concern. section 120(f)(2)(C), NMFS will Treaty tribes; (5) the states; and (6) such On June 18, 2019, NMFS provided the continue to rely on existing timelines, other organizations as NMFS deems above-mentioned eligible entities a procedures, considerations, and appropriate. The Task Force reviews the letter acknowledging receipt of their information requirements in sections application, the factors contained in application and a determination that the 120(b), 120(c), 120(e), and 120(i), to section 120(d), and public comments assist the Task Force with its and, as required by section 120, application produced sufficient deliberations and recommendation, and recommends to NMFS whether to evidence of the problem interaction to for the Secretary to make a decision to approve or deny the application. The warrant establishing a Task Force. The approve or deny an application. Task Force is also required to submit application provides: Detailed Pursuant to section 120(f)(2)(C), on with its recommendation a description information that documents sea lion June 4, 2019, NMFS issued a Decision of the specific pinniped individual or population trends; a detailed Memorandum establishing application individuals; the proposed location, description of the problem interaction, requirements and program time, and method of such taking; criteria including estimates of the numbers of implementation procedures for for evaluating the success of the action; sea lions present within the geographic prospective and approved the duration of the intentional lethal area (see Summary) established in authorizations issued to an eligible taking authority; and a suggestion for section 120(f); numbers of salmonids entity under section 120(f). The June 4, non-lethal alternatives, if available and consumed and the proportion of all 2019, Decision Memorandum fulfilled practicable, including a recommended salmonids that have been taken by sea the statutory requirement that the course of action. lions at Bonneville Dam and Willamette Secretary establish procedures to Falls (a subarea of the geographic area coordinate issuance of permits Background (see Summary) established in section [authorizations] pursuant to section On June 13, 2019, NMFS received an 120(f); past efforts to nonlethally deter 120(f). Taken together, NMFS will application pursuant to section 120(f) sea lions; methods for capturing, consider existing section 120 from the above-mentioned eligible handling and euthanizing sea lions; and procedures and the 120(f)(2)(C) entities. The eligible entities are a detailed description of the expected procedures to fulfill the information requesting authorization to intentionally benefits of the taking of sea lions. requirements for applications submitted take, by lethal methods, California sea The proposed action to address sea under section 120(f). lions (Zalophus californianus) and lion predation is part of a Prospective authorizations apply only Steller sea lions (Eumetopias jubatus: comprehensive salmon and steelhead to sea lions that are not listed under the Eastern stock) that are located in the recovery strategy. As reported in the ESA, or designated as a depleted or mainstem of the Columbia River application, significant actions to strategic stock under the MMPA. between river mile 112 and McNary address the decline of salmon and California and Steller sea lions are not Dam (river mile 292), or in any tributary steelhead stocks in the Columbia River listed under the ESA nor are they to the Columbia River that includes basin have been underway for several designated as a depleted or strategic spawning habitat of threatened or decades, and are progressing each year stock under the MMPA. endangered salmon or steelhead as a result of the implementation of ESA Pursuant to section 120(f), an eligible (Onchorynchus spp.) to reduce or recovery plans throughout the Columbia entity may request authorization to eliminate sea lion predation on the River basin. These actions include lethally remove sea lions, and the following fishery stocks that are listed harvest reductions, hydroelectric system
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mitigation, habitat restoration, predation balance among representatives of and Largo, FL. The Safe Handling, management, and hatchery reforms. resource users and non-users as Release, and Identification Workshops In considering whether the outlined above. Nominations for Task will be held in Manahawkin, NJ; Port application should be approved or Force membership must include Saint Lucie, FL; Key Largo, FL; Kitty denied, the MMPA requires that the sufficient background information (e.g., Hawk, NC; Kenner, LA; and Task Force and NMFS consider: (1) 1-page resume) on the candidate to Ronkonkoma, NY. See SUPPLEMENTARY Population trends, feeding habits, the allow us to judge their expertise and INFORMATION for further details on location of the pinniped interaction, should indicate the prospective workshop locations. how and when the interaction occurs, candidate’s willingness to serve without FOR FURTHER INFORMATION CONTACT: Rick and the number of animals involved; (2) compensation. Pearson by phone: (727) 824–5399. past efforts to deter such pinnipeds, and Dated: August 26, 2019. SUPPLEMENTARY INFORMATION: The whether the applicant has demonstrated workshop schedules, registration that no feasible and prudent alternatives Catherine Marzin, information, and a list of frequently exist and that the applicant has taken all Acting Director, Office of Protected Resources, asked questions regarding the Atlantic reasonable nonlethal steps without National Marine Fisheries Service. success; (3) the extent to which such [FR Doc. 2019–18751 Filed 8–29–19; 8:45 am] Shark ID and Safe Handling, Release, pinnipeds are causing undue injury BILLING CODE 3510–22–P and ID workshops are posted on the impact to, or imbalance with, other internet at: https:// species in the ecosystem, including fish www.fisheries.noaa.gov/atlantic-highly- populations; and (4) the extent to which DEPARTMENT OF COMMERCE migratory-species/atlantic-shark- such pinnipeds are exhibiting behavior identification-workshops and https:// National Oceanic and Atmospheric that presents an ongoing threat to public www.fisheries.noaa.gov/atlantic-highly- Administration safety. migratory-species/safe-handling-release- RIN 0648–XT014 and-identification-workshops. Request for Comments and Other Information Atlantic Shark Identification Schedules for Atlantic Shark Workshops NMFS solicits public comments on Identification Workshops and Safe the application and any additional Handling, Release, and Identification Since January 1, 2008, Atlantic shark information that should be considered Workshops dealers have been prohibited from by the Task Force in making its receiving, purchasing, trading, or AGENCY: recommendation, or by NMFS in National Marine Fisheries bartering for Atlantic sharks unless a making its determination whether to Service (NMFS), National Oceanic and valid Atlantic Shark Identification approve or deny the application. NMFS Atmospheric Administration (NOAA), Workshop certificate is on the premises is interested in receiving additional Commerce. of each business listed under the shark information related to the factors that ACTION: Notice of public workshops. dealer permit that first receives Atlantic must be considered in determining sharks (71 FR 58057; October 2, 2006). SUMMARY: Free Atlantic Shark whether to approve or deny the Dealers who attend and successfully Identification Workshops and Safe application (see Background), and on complete a workshop are issued a Handling, Release, and Identification the impact of sea lion predation within certificate for each place of business that Workshops will be held in October, the geographic area (see Summary) is permitted to receive sharks. These November, and December of 2019. established in section 120(f) on the certificate(s) are valid for 3 years. Thus, Certain fishermen and shark dealers are above-mentioned fish stocks. certificates that were initially issued in NMFS requests that comments be required to attend a workshop to meet 2016 will be expiring in 2019. specific. In particular, we request regulatory requirements and to maintain Approximately 163 free Atlantic Shark information regarding: (1) Observations valid permits. Specifically, the Atlantic Identification Workshops have been of sea lion predation activity on Shark Identification Workshop is conducted since April 2008. salmonids and eulachon within the mandatory for all federally permitted Currently, permitted dealers may send geographic area (see Summary) Atlantic shark dealers. The Safe a proxy to an Atlantic Shark established in section 120(f); (2) Handling, Release, and Identification Identification Workshop. However, if a information on areas where numbers of Workshop is mandatory for vessel dealer opts to send a proxy, the dealer sea lions are concentrated within the owners and operators who use bottom must designate a proxy for each place of geographic area (see Summary) longline, pelagic longline, or gillnet business covered by the dealer’s permit established in section 120(f), including gear, and who have also been issued which first receives Atlantic sharks. resting/haul out sites and locations shark or swordfish limited access Only one certificate will be issued to where sea lions have been repeatedly permits. Additional free workshops will each proxy. A proxy must be a person observed taking salmonids and be conducted during 2020 and will be who is currently employed by a place of eulachon; and (3) dates when sea lions announced in a future notice. business covered by the dealer’s permit; have been observed within the DATES: The Atlantic Shark Identification is a primary participant in the geographic area (see Summary) Workshops will be held on October 10, identification, weighing, and/or first established in section 120(f). November 14, and December 12, 2019. receipt of fish as they are offloaded from NMFS also solicits the names and The Safe Handling, Release, and a vessel; and who fills out dealer affiliations of experts from the academic Identification Workshops will be held reports. Atlantic shark dealers are and scientific community, tribes, on October 16, October 18, November 4, prohibited from renewing a Federal Federal and state agencies, and the November 19, December 6, and shark dealer permit unless a valid private sector for consideration as December 17, 2019. See SUPPLEMENTARY Atlantic Shark Identification Workshop potential Task Force members. A Task INFORMATION for further details. certificate for each business location Force, established under section 120(c) ADDRESSES: The Atlantic Shark that first receives Atlantic sharks has must, to the maximum extent Identification Workshops will be held in been submitted with the permit renewal practicable, consist of an equitable Somerville, MA; Mount Pleasant, SC; application. Additionally, trucks or
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other conveyances that are extensions of Release, and Identification Workshop Registration a dealer’s place of business must certificate in order to renew either possess a copy of a valid dealer or proxy permit (71 FR 58057; October 2, 2006). To register for a scheduled Safe Atlantic Shark Identification Workshop These certificate(s) are valid for 3 years. Handling, Release, and Identification certificate. Certificates issued in 2016 will be Workshop, please contact Angler expiring in 2019. As such, vessel Conservation Education at (386) 682– Workshop Dates, Times, and Locations owners who have not already attended 0158. Pre-registration is highly 1. October 10, 2019, 12 p.m.—4 p.m., a workshop and received a NMFS recommended, but not required. La Quinta Inn, 23 Cummings Street, certificate, or vessel owners whose Registration Materials Somerville, MA 02145. certificate(s) will expire prior to the next 2. November 14, 2019, 12 p.m.—4 permit renewal, must attend a workshop To ensure that workshop certificates p.m., Hampton Inn, 1104 Isle of Palms to fish with, or renew, their swordfish are linked to the correct permits, Connector Mt. Pleasant, SC 29464. and shark limited-access permits. participants will need to bring the 3. December 12, 2019, 12 p.m.—4 Additionally, new shark and swordfish p.m., Hampton Inn, 100 East Bay Drive, following specific items with them to limited-access permit applicants who the workshop: Largo, FL 33770. intend to fish with longline or gillnet • Individual vessel owners must Registration gear must attend a Safe Handling, Release, and Identification Workshop bring a copy of the appropriate To register for a scheduled Atlantic and submit a copy of their workshop swordfish and/or shark permit(s), a copy Shark Identification Workshop, please certificate before either of the permits of the vessel registration or contact Eric Sander at ericssharkguide@ will be issued. Approximately 328 free documentation, and proof of yahoo.com or at (386) 852–8588. Pre- Safe Handling, Release, and identification. registration is highly recommended, but Identification Workshops have been • not required. Representatives of a business- conducted since 2006. owned or co-owned vessel must bring Registration Materials In addition to certifying vessel proof that the individual is an agent of To ensure that workshop certificates owners, at least one operator on board the business (such as articles of are linked to the correct permits, vessels issued a limited-access incorporation), a copy of the applicable participants will need to bring the swordfish or shark permit that uses swordfish and/or shark permit(s), and following specific items to the longline or gillnet gear is required to proof of identification. attend a Safe Handling, Release, and workshop: • Vessel operators must bring proof of • Identification Workshop and receive a Atlantic shark dealer permit holders identification. must bring proof that the attendee is an certificate. Vessels that have been issued owner or agent of the business (such as a limited-access swordfish or shark Workshop Objectives articles of incorporation), a copy of the permit and that use longline or gillnet applicable permit, and proof of gear may not fish unless both the vessel The Safe Handling, Release, and identification. owner and operator have valid Identification Workshops are designed • Atlantic shark dealer proxies must workshop certificates onboard at all to teach longline and gillnet fishermen bring documentation from the permitted times. Vessel operators who have not the required techniques for the safe dealer acknowledging that the proxy is already attended a workshop and handling and release of entangled and/ attending the workshop on behalf of the received a NMFS certificate, or vessel or hooked protected species, such as sea permitted Atlantic shark dealer for a operators whose certificate(s) will turtles, marine mammals, and specific business location, a copy of the expire prior to their next fishing trip, smalltooth sawfish, and prohibited appropriate valid permit, and proof of must attend a workshop to operate a sharks. In an effort to improve reporting, identification. vessel with swordfish and shark the proper identification of protected limited-access permits that uses Workshop Objectives species and prohibited sharks will also longline or gillnet gear. be taught at these workshops. The Atlantic Shark Identification Workshop Dates, Times, and Locations Additionally, individuals attending Workshops are designed to reduce the these workshops will gain a better number of unknown and improperly 1. October 16, 2019, 9 a.m.–5 p.m., understanding of the requirements for identified sharks reported in the dealer Holiday Inn, 151 Route 72, participating in these fisheries. The reporting form and increase the Manahawkin, NJ 08050. overall goal of these workshops is to accuracy of species-specific dealer- provide participants with the skills reported information. Reducing the 2. October 18, 2019, 9 a.m.–5 p.m., needed to reduce the mortality of number of unknown and improperly Holiday Inn, 10120 South U.S. Highway identified sharks will improve quota 1, Port St Lucie, FL 34952. protected species and prohibited sharks, monitoring and the data used in stock 3. November 4, 2019, 9 a.m.–5 p.m., which may prevent additional assessments. These workshops will train Holiday Inn, 99701 Overseas Highway, regulations on these fisheries in the shark dealer permit holders or their Key Largo, FL 33037. future. proxies to properly identify Atlantic 4. November 19, 2019, 9 a.m.–5 p.m., Authority: 16 U.S.C. 1801 et seq. shark carcasses. Hilton Garden Inn, 5353 North Virginia Dated: August 27, 2019. Safe Handling, Release, and Dare Trail, Kitty Hawk, NC 27949. Jennifer M. Wallace, Identification Workshops 5. December 6, 2019, 9 a.m.–5 p.m., Acting Director, Office of Sustainable Since January 1, 2007, shark limited- Hilton Hotel, 901 Airline Drive, Kenner, Fisheries, National Marine Fisheries Service. access and swordfish limited-access LA 70062. [FR Doc. 2019–18801 Filed 8–29–19; 8:45 am] permit holders who fish with longline 6. December 17, 2019, 9 a.m.–5 p.m., BILLING CODE 3510–22–P or gillnet gear have been required to Marriott Courtyard, 5000 Express Drive submit a copy of their Safe Handling, South, Ronkonkoma, NY 11779.
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DEPARTMENT OF COMMERCE comments received are a part of the ACTION: Proposed addition to and public record and generally will be deletions from the Procurement List. National Oceanic and Atmospheric posted for public viewing on Administration www.regulations.gov without change. SUMMARY: The Committee is proposing All personal identifying information to add a product to the Procurement List RIN 0648–XT015 (e.g., name, address), confidential that will be furnished by nonprofit Atlantic Highly Migratory Species; business information, or otherwise agencies employing persons who are Atlantic Bluefin Tuna Fisheries; sensitive information submitted blind or have other severe disabilities, Pelagic Longline Fishery Management voluntarily by the sender will be and deletes products previously publicly accessible. NMFS will accept furnished by such agencies. AGENCY: National Marine Fisheries anonymous comments (enter ‘‘N/A’’ in DATES: Comments must be received on Service (NMFS), National Oceanic and the required fields if you wish to remain or before: September 29, 2019. Atmospheric Administration (NOAA), anonymous). ADDRESSES: Committee for Purchase Commerce. FOR FURTHER INFORMATION CONTACT: From People Who Are Blind or Severely ACTION: Notice of public hearing. Jennifer Cudney, 727–824–5399 or Craig Disabled, 1401 S Clark Street, Suite 715, Cockrell, 301–427–8503. Arlington, Virginia 22202–4149. SUMMARY: This notice announces an SUPPLEMENTARY INFORMATION: additional public hearing for a proposed FOR FURTHER INFORMATION CONTACT: For rule NMFS published on July 12, 2019. Need for Additional Hearing further information or to submit comments contact: Michael R. The proposed rule would adjust On July 12, 2019, NMFS published a Jurkowski, Telephone: (703) 603–2117, regulatory measures that reduce bluefin proposed rule in the Federal Register Fax: (703) 603–0655, or email tuna bycatch in the pelagic longline (84 FR 33205) that would adjust [email protected]. fishery for Atlantic highly migratory regulatory measures put in place to species (HMS). reduce bluefin tuna bycatch in the SUPPLEMENTARY INFORMATION: This DATES: The public hearing will be held pelagic longline fishery for Atlantic notice is published pursuant to 41 at the Greater Atlantic Regional highly migratory species (HMS). U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its Fisheries Office in Gloucester, MA on Specifically, the proposed measures purpose is to provide interested persons September 19, 2019, from 5 p.m.–7 p.m. address the Northeastern United States an opportunity to submit comments on Comments on the proposed rule must be Closed Area, the Cape Hatteras Gear the proposed actions. submitted on or before September 30, Restricted Area, and the Spring Gulf of Additions 2019. For the specific date, time, and Mexico Gear Restricted Area as well as address information see the ADDRESSES the weak hook requirement in the Gulf If the Committee approves the section of this document. of Mexico. proposed addition, the entities of the Federal Government identified in this ADDRESSES: NMFS will hold a public In the proposed rule, NMFS notice will be required to procure the hearing on the proposed rule to adjust scheduled a hearing in Gloucester, MA product listed below from nonprofit regulatory measures that reduce bluefin on July 16, 2019. Recently, NMFS has agencies employing persons who are tuna bycatch in the pelagic longline received feedback from the public that blind or have other severe disabilities. fishery for Atlantic HMS on September there was not a sufficient amount of 19, 2019 from 5 p.m.–7 p.m. at the time (i.e., three business days) between The following product is proposed for following address: National Marine publication of the proposed rule and the addition to the Procurement List for Fisheries Service, Greater Atlantic date of the public hearing in Gloucester, production by the nonprofit agency Regional Fisheries Office, Hearing Room MA for news of the hearing to be shared listed: A, 55 Great Republic Dr, Gloucester, MA across information networks to Products 01930. interested constituents. Therefore, NSN—Product Name: MR 10781—Holder, You may submit comments on the NMFS is scheduling this additional Sponge, Duo, Includes Shipper 20781 proposed rule, identified by NOAA– hearing (see ADDRESSES) in Gloucester, Mandatory Source of Supply: Winston-Salem NMFS–2018–0035, by any one of the MA to gather additional comment from Industries for the Blind, Inc., Winston- following methods: the affected public in this area. Salem, NC Contracting Activity: Military Resale- • Electronic Submission: Submit all Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. Defense Commissary Agency electronic public comments via the 1801 et seq. Federal e-Rulemaking Portal. Go to Dated: August 27, 2019. Deletions www.regulations.gov/ Jennifer M. Wallace, The following products are proposed #!docketDetail;D=NOAA-NMFS-2018- Acting Director, Office of Sustainable for deletion from the Procurement List: 0035, click the ‘‘Comment Now’’ icon, Fisheries, National Marine Fisheries Service. complete the required fields, and enter Products [FR Doc. 2019–18813 Filed 8–29–19; 8:45 am] or attach your comments. NSN—Product Name: 8465–00–177–4976— • Mail: Submit written comments to BILLING CODE 3510–22–P Sleevelet, Upper Arm, High-Visibility Craig Cockrell, NMFS/SF1, 1315 East- Safety, Orange Mesh with Silver 3 ″ West Highway, National Marine Reflective, 8 ⁄4 Fisheries Service, SSMC3, Silver Spring, COMMITTEE FOR PURCHASE FROM Mandatory Source of Supply: Bestwork MD 20910. PEOPLE WHO ARE BLIND OR Industries for the Blind, Inc., Cherry Hill, SEVERELY DISABLED NJ Instructions: Please include the Contracting Activity: GSA/FSS GREATER identifier NOAA–NMFS–2018–0035 Procurement List; Proposed Addition SOUTHWEST ACQUISITI, FORT when submitting comments. Comments and Deletions WORTH, TX sent by any other method, to any other NSNs—Product Names: address or individual, or received after AGENCY: Committee for Purchase From 8415–01–538–6681—Wind Jacket, ECWCS the close of the comment period, may People Who Are Blind or Severely Gen III, Layer IV, U.S. Army, Universal not be considered by NMFS. All Disabled. Camouflage, X-Large/Regular
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8415–01–538–6683—Wind Jacket, ECWCS 1. The action will not result in any 603–2117, Fax: (703) 603–0655, or email Gen III, Layer IV, U.S. Army, Universal additional reporting, recordkeeping or [email protected]. Camouflage, X-Large/Long other compliance requirements for small SUPPLEMENTARY INFORMATION: Mandatory Source of Supply: Blind entities other than the small Industries & Services of Maryland, Addition Baltimore, MD organizations that will furnish the Contracting Activity: DLA TROOP SUPPORT, service to the Government. On 5/17/2019, the Committee for PHILADELPHIA, PA 2. The action will result in Purchase From People Who Are Blind authorizing small entities to furnish the or Severely Disabled published notice of Patricia Briscoe, service to the Government. proposed addition to the Procurement Deputy Director, Business Operations (Pricing 3. There are no known regulatory List. and Information Management). alternatives which would accomplish The Commission received a public [FR Doc. 2019–18791 Filed 8–29–19; 8:45 am] the objectives of the Javits-Wagner- comment from counsel for the current BILLING CODE 6353–01–P O’Day Act (41 U.S.C. 8501–8506) in contractor, citing impact on one connection with the service proposed employee who currently performs this for addition to the Procurement List. work, lack of experience, and safety COMMITTEE FOR PURCHASE FROM concerns for people with severe PEOPLE WHO ARE BLIND OR End of Certification disabilities as the reasons for his client’s SEVERELY DISABLED Accordingly, the following service is objection to the Commission’s action. added to the Procurement List: The counsel asked the Commission to Procurement List; Additions and delay the addition of the service to the Deletions Service Procurement List until he and his client AGENCY: Committee for Purchase From Service Type: Custodial Service. can address the Commission in person. People Who Are Blind or Severely Mandatory for: U.S. Air Force, Columbus For the reasons described below, the Disabled. AFB (including Shuqualak Auxiliary Commission has determined that the Airfield, Shuqualak, MS), Columbus, proposed Waste Management Services ACTION: Additions to the Procurement MS. are suitable to be added to the List. Mandatory Source of Supply: Training, Procurement List. Rehabilitation, & Development Institute, SUMMARY: This action adds service to The mission of the AbilityOne Inc., San Antonio, TX. the Procurement List that will be Program is to create employment Contracting Activity: DEPT OF THE AIR opportunities for people who are blind furnished by nonprofit agencies FORCE, FA3022 14 CONS LGCA. employing persons who are blind or or severely disabled through the Federal have other severe disabilities. Patricia Briscoe, procurement system. In the process of adding products or services to the DATES: Date added to and deleted from Deputy Director, Business Operations (Pricing Program, the Commission is required to the Procurement List: September 29, and Information Management). perform an impact analysis on the 2019. [FR Doc. 2019–18806 Filed 8–29–19; 8:45 am] BILLING CODE 6353–01–P current contractor, which was ADDRESSES: Committee for Purchase accomplished with a finding of no From People Who Are Blind or Severely severe adverse impact. In accordance Disabled, 1401 S. Clark Street, Suite COMMITTEE FOR PURCHASE FROM with 41 CFR 51–2.4(a)(4), the impact 715, Arlington, Virginia 22202–4149. PEOPLE WHO ARE BLIND OR analysis focused on the company, rather FOR FURTHER INFORMATION CONTACT: SEVERELY DISABLED than a specific individual. Further, if Michael R. Jurkowski, Telephone: (703) the project is not added to the 603–2117, Fax: (703) 603–0655, or email Procurement List; Addition and AbilityOne Program, the current [email protected]. Deletions contractor will have to re-compete for a SUPPLEMENTARY INFORMATION: new contract, with no guarantee of a AGENCY: Committee for Purchase From winning bid. Additions People Who Are Blind or Severely For 23 years, the nonprofit agency On June 7, 2019, the Committee for Disabled. proposed to perform the work, CW Purchase From People Who Are Blind ACTION: Addition to and deletions from Resources, Inc. (CWR), has successfully or Severely Disabled published notice of the Procurement List. provided similar trash hauling services proposed additions to the Procurement for the U.S. Coast Guard Academy. This List. SUMMARY: This action adds a service to past performance is geographically After consideration of the material the Procurement List that will be relevant, as it is also located in New presented to it concerning capability of furnished by nonprofit agencies London, CT, making CWR familiar with qualified nonprofit agencies to provide employing persons who are blind or waste management processes in this the service and impact of the additions have other severe disabilities, and area. In addition, CWR is well on the current or most recent deletes services from the Procurement established in the janitorial line of contractors, the Committee has List previously furnished by such business, and performs on 46 determined that the service listed below agencies. Procurement List projects that are either are suitable for procurement by the DATES: Date added to and deleted from purely janitorial/custodial projects or Federal Government under 41 U.S.C. the Procurement List: September 29, have a custodial component (e.g., PL# 8501–8506 and 41 CFR 51–2.4. 2019. 20145065, Janitorial, Grounds and Refuse Collection, U.S. Air Force, Regulatory Flexibility Act Certification ADDRESSES: Committee for Purchase Arnold Air Force Base, TN.) I certify that the following action will From People Who Are Blind or Severely Regarding the safety of individuals not have a significant impact on a Disabled, 1401 S Clark Street, Suite 715, with significant disabilities, CWR has substantial number of small entities. Arlington, Virginia 22202–4149. identified direct labor positions and The major factors considered for this FOR FURTHER INFORMATION CONTACT: tasks that can be safely performed by certification were: Michael R. Jurkowski, Telephone: (703) people with significant disabilities. The
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waste management work includes Service Mandatory Source of Supply: Didlake, Inc., janitorial and clerical tasks, both of Service Type: Waste Management Manassas, VA which are core competencies for CWR Mandatory for: US Navy, NAVFAC Mid Contracting Activity: VETERANS AFFAIRS, and other nonprofit agencies in the Atlantic Division, Naval Submarine Base DEPARTMENT OF, NAC AbilityOne Program. CWR will ensure New London, Groton, CT Patricia Briscoe, Mandatory Source of Supply: CW Resources, that the candidates for these direct labor Deputy Director, Business Operations (Pricing tasks have the appropriate Inc., New Britain, CT Contracting Activity: DEPT OF THE NAVY, and Information Management). documentation of disability to qualify NAVAL FAC ENGINEERING CMD MID [FR Doc. 2019–18792 Filed 8–29–19; 8:45 am] under the definitions in the Javits- LANT BILLING CODE 6353–01–P Wagner-O’Day Act and the Commission’s regulation. The Deletions Commission recognizes that some On 7/26/2019, the Committee for CONSUMER PRODUCT SAFETY significant disabilities are not physically Purchase From People Who Are Blind COMMISSION limiting. Further, the Commission or Severely Disabled published notice of concludes that several of the waste proposed deletions from the [Docket No. CPSC–2009–0073] management tasks can be performed by Procurement List. Agency Information Collection a person with one or more functional After consideration of the relevant Activities; Submission for OMB limitations described in 41 CFR 51–1.3. matter presented, the Committee has Review; Comment Request—Virginia The Commentor requested to make an determined that the services listed below are no longer suitable for Graeme Baker Pool and Spa Safety oral presentation to the Commission Act; Compliance Form prior to the Agency’s suitability procurement by the Federal Government determination regarding adding this under 41 U.S.C. 8501–8506 and 41 CFR AGENCY: Consumer Product Safety service to the Procurement List. The 51–2.4. Commission. Commission does not accept meeting Regulatory Flexibility Act Certification ACTION: Notice. requests from current contractors prior to commencing deliberations, as there is I certify that the following action will SUMMARY: As required by the Paperwork no provision in regulation for such not have a significant impact on a Reduction Act of 1995, the Consumer meetings. Rather, any public party may substantial number of small entities. Product Safety Commission (CPSC) request reconsideration after a The major factors considered for this announces a submission to the Office of Commission decision to add a product certification were: Management and Budget (OMB), 1. The action will not result in or service to the PL. requesting an extension of approval for additional reporting, recordkeeping or a collection regarding a form used to After consideration of the material other compliance requirements for small verify whether pools and spas are in presented to it concerning capability of entities. compliance with the Virginia Graeme qualified nonprofit agencies to provide 2. The action may result in Baker Pool and Spa Safety Act. In the the service and impact of the addition authorizing small entities to furnish the Federal Register of June 14, 2019, the on the current or most recent services to the Government. CPSC published a notice to announce contractors, the Committee has 3. There are no known regulatory the agency’s intention to seek extension determined that the services listed alternatives which would accomplish of approval of the collection of below are suitable for procurement by the objectives of the Javits-Wagner- information. CPSC received one the Federal Government under 41 U.S.C. O’Day Act (41 U.S.C. 8501–8506) in comment, and that comment supported 8501–8506 and 41 CFR 51–2.4. connection with the services deleted the information collection. Therefore, by Regulatory Flexibility Act Certification from the Procurement List. publication of this notice, CPSC End of Certification announces that it has submitted to the I certify that the following action will OMB a request for extension of approval Accordingly, the following services not have a significant impact on a of that collection of information, are deleted from the Procurement List: substantial number of small entities. without change. The major factors considered for this Services DATES: Written comments on this certification were: Service Type: Recycling, End of Life request for extension of approval of 1. The action will not result in any Electronics information collection requirements additional reporting, recordkeeping or Mandatory for: U.S. Mint: 633 3rd Street NW, should be submitted by September 30, other compliance requirements for small Washington, DC 2019. entities other than the small Mandatory Source of Supply: ServiceSource, Inc., Oakton, VA ADDRESSES: Submit comments about organizations that will furnish the this request by email: OIRA_ services to the Government. Contracting Activity: TREASURY, DEPARTMENT OF THE, DEPT OF [email protected] or fax: 202– 2. The action will result in TREAS/ 395–6881. Comments by mail should be authorizing small entities to furnish the Service Type: Janitorial/Custodial sent to the Office of Information and services to the Government. Mandatory for: Department of Energy: Yucca Regulatory Affairs, Attn: OMB Desk 3. There are no known regulatory Mountain Site Characterization Office, Officer for the CPSC, Office of alternatives which would accomplish Las Vegas, NV Management and Budget, Room 10235, the objectives of the Javits-Wagner- Mandatory Source of Supply: Opportunity 725 17th Street NW, Washington, DC O’Day Act (41 U.S.C. 8501–8506) in Village Association for Retarded 20503. In addition, written comments Citizens, Las Vegas, NV connection with the services proposed Contracting Activity: ENERGY, that are sent to OMB also should be for addition to the Procurement List. DEPARTMENT OF, HEADQUARTERS submitted electronically at http:// www.regulations.gov, under Docket No. End of Certification PROCUREMENT SERVICES Service Type: Custodial Services CPSC–2009–0073. Accordingly, the following service is Mandatory for: VA Medical Center, FOR FURTHER INFORMATION CONTACT: added to the Procurement List: Washington, DC Bretford Griffin, Consumer Product
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Safety Commission, 4330 East-West gravity drainage system, automatic telecommunications device for the deaf Highway, Bethesda, MD 20814; (301) pump shut-off system or drain (TTY–TDD) may call 1–800–833–3722 504–7037, or by email to: bgriffin@ disablement. The CPSC will collect between 8:00 a.m. and 8:00 p.m. Eastern cpsc.gov. information through the verification of Time, Monday through Friday. SUPPLEMENTARY INFORMATION: CPSC compliance form to identify drain SUPPLEMENTARY INFORMATION: The OMB seeks to renew the following currently covers, pools, and spas that do not meet is particularly interested in comments approved collection of information. the performance requirements in ANSI/ which: APSP–16 2011 (or, after November 24, CPSC previously published a notice • Evaluate whether the proposed 2020, its successor standard, ANSI/ announcing the agency’s intention to collection of information is necessary APSP–16 2017) and the Act. seek extension of approval of the for the proper performance of the collection of information. 84 FR 27772 Alberta E. Mills, functions of CNCS, including whether (June 14, 2019). CPSC received only one Secretary, Consumer Product Safety the information will have practical comment, and it supported the Commission. utility; information collection. [FR Doc. 2019–18747 Filed 8–29–19; 8:45 am] • Evaluate the accuracy of the Title: Virginia Graeme Baker Pool and BILLING CODE 6355–01–P agency’s estimate of the burden of the Spa Safety Act Verification of proposed collection of information, Compliance Form. including the validity of the OMB Number: 3041–0142. CORPORATION FOR NATIONAL AND methodology and assumptions; Type of Review: Renewal of COMMUNITY SERVICE • Propose ways to enhance the collection. Frequency of Response: On occasion. quality, utility, and clarity of the Agency Information Collection information to be collected; and Affected Public: Public pools and spa Activities; Submission to the Office of • Propose ways to minimize the facilities. Management and Budget for Review burden of the collection of information Estimated Number of Respondents: and Approval; Comment Request; on those who are to respond, including 100 pools or facilities. Disability Accommodation through the use of appropriate Estimated Time per Response: 3 hours Reimbursement Request Form; automated, electronic, mechanical, or to inspect a pool or spa facility. Proposed Information Collection; other technological collection Total Estimated Annual Burden: The Comment Request total testing burden hours are 300 (100 techniques or other forms of information inspections × 3 hours per inspection). AGENCY: Corporation for National and technology. Community Service. The total annual cost of time to inspect Comments all facilities is estimated at $17,500. ACTION: Notice. General Description of Collection: On A 60-day Notice requesting public December 19, 2008, the Virginia Graeme SUMMARY: The Corporation for National comment was published in the Federal Baker Pool and Spa Safety Act (Act) and Community Service (CNCS) has Register on July 7, 2019 at Vol. 84 FR. became effective (Pub. L. 110–140). The submitted a public information This comment period ended August 6, Act applies to public swimming pools collection request (ICR) entitled 2019. Zero public comments were and spas, and it requires that each Disability Accommodation received from this Notice. swimming pool and spa drain cover Reimbursement Form for review and Title of Collection: Disability manufactured, distributed, or entered approval in accordance with the Accommodation Reimbursement Form. Paperwork Reduction Act. into commerce in the United States OMB Control Number: 3045–0179. DATES: Comments may be submitted, shall conform to the entrapment Type of Review: Renewal. protection standards of the ASME/ANSI identified by the title of the information Respondents/Affected Public: A112.19.8 performance standard or any collection activity, by September 30, Individuals, Businesses and successor standard regulating such 2019. Organizations or State, Local or Tribal swimming pool or drain cover under ADDRESSES: Comments may be Governments. section 1404(b) of the Act. submitted, identified by the title of the On August 5, 2011, the CPSC information collection activity, to the Total Estimated Number of Annual published a final rule incorporating by Office of Information and Regulatory Responses: 20. reference ANSI/APSP–16 2011 as the Affairs, Attn: Ms. Sharon Mar, OMB Total Estimated Number of Annual successor standard, effective September Desk Officer for the Corporation for Burden Hours: 20. 6, 2011. 76 FR 47436. On May 24, 2019, National and Community Service, by Abstract: CNCS grantees provide the the CPSC published a direct final rule any of the following two methods information to request reimbursement incorporating by reference ANSI/APSP– within 30 days from the date of for services associated with reasonable 16 2017 as the next successor standard. publication in the Federal Register: accommodation of AmeriCorps service ANSI/APSP–16 2017 will become (1) By fax to: 202–395–6974, members. The information will be effective November 24, 2020. 84 FR Attention: Ms. Sharon Mar, OMB Desk collected electronically via email by 24021. The Act requires that, in Officer for the Corporation for National submission of this form and the addition to having the anti-entrapment and Community Service; or receipt(s) for services. CNCS seeks to devices or systems, each public pool (2) By email to: [email protected]. renew the current information and spa in the United States with a FOR FURTHER INFORMATION CONTACT: collection. The information collection single main drain other than an Copies of this ICR, with applicable will otherwise be used in the same unblockable drain shall be equipped supporting documentation, may be manner as the existing application. with one or more of the following obtained by calling the Corporation for CNCS also seeks to continue using the devices or systems designed to prevent National and Community Service, current application until the revised entrapment by pool or spa drains Sharron Walker-Tendai, at 202–606– application is approved by OMB. The including a safety vacuum release 3904 or by email to [email protected]. current application is due to expire on system, suction-limiting vent system, Individuals who use a August 31, 2019.
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Dated: August 23, 2019. rehabilitation, operation, and DEPARTMENT OF DEFENSE Sharron Walker-Tendai, maintenance of the inland waterway eLearning Training Specialist. systems, the Great Lakes, and the Defense Acquisition Regulations [FR Doc. 2019–18759 Filed 8–29–19; 8:45 am] channels of the coastal ports. System BILLING CODE 6050–28–P The aggregate data collected under [Docket Number DARS–2019–0021; OMB these programs are published in the Control Number 0704–0549] annual publications, Waterborne Information Collection Requirement; DEPARTMENT OF DEFENSE Commerce of the United States, Parts 1– Defense Federal Acquisition 5, Lock Performance Monitoring System Department of the Army Regulation Supplement (DFARS); Quarterly Reports, and Waterborne Submission for OMB Review; Defense [Docket ID USA–2019–HQ–0019] Transportation Lines of the United Contractors Performing Private States. Each data base and publication Security Functions Outside the United Submission for OMB Review; provide essential information for an States; Comment Request Comment Request understanding of the utilization of our Nation’s navigation systems and the AGENCY: Defense Acquisition AGENCY: United States Army Corps of Regulations System, Department of Engineers, DoD. fleet using these systems. The data bases provide essential information to those Defense (DoD). ACTION: 30-Day information collection with the responsibilities over the ACTION: Notice. notice. physical system or to those involved in SUMMARY: shipping or moving commodities on the The Defense Acquisition SUMMARY: The Department of Defense Regulations System has submitted to Nation’s waterways.’’ [River and Harbor has submitted to OMB for clearance the OMB for clearance, the following Act of September 22, 1922 (42 Stat. following proposal for collection of proposed extension of collection of information under the provisions of the 1043)]. information under the provisions of the Paperwork Reduction Act. Affected Public: Individuals or Paperwork Reduction Act. DATES: Consideration will be given to all Households. DATES: Consideration will be given to all comments received by September 30, Frequency: On occasion. comments received by September 30, 2019. Respondent’s Obligation: Voluntary. 2019. ADDRESSES: Comments and SUPPLEMENTARY INFORMATION: recommendations on the proposed OMB Desk Officer: Ms. Jasmeet Seehra. Title and OMB Number: Defense information collection should be Federal Acquisition Regulation emailed to Ms. Jasmeet Seehra, DoD You may also submit comments and _ Supplement (DFARS) Defense Desk Officer, at oira submission@ recommendations, identified by Docket Contractors Performing Private Security omb.eop.gov. Please identify the ID number and title, by the following Functions Outside the United States; proposed information collection by DoD method: OMB Control Number 0704–0549. Desk Officer, Docket ID number, and • Federal eRulemaking Portal: http:// Needs and Uses: Geographic title of the information collection. www.regulations.gov. Follow the combatant commanders are required by FOR FURTHER INFORMATION CONTACT: instructions for submitting comments. statute to establish procedures and Angela James, 571–372–7574, or assign responsibilities for ensuring that Instructions: All submissions received whs.mc-alex.esd.mbx.dd-dod- contractors and contractor personnel must include the agency name, Docket [email protected]. report certain security incidents when ID number, and title for this Federal SUPPLEMENTARY INFORMATION: performing private security functions in Title; Associated Form; and OMB Register document. The general policy covered operational areas. The clause at Number: Vessel Operation Reporting; for comments and other submissions DFARS 252.225–7039, Defense ENG Form 3926, ENG Form 3925, ENG from members of the public is to make Contractors Performing Private Security Form 3925B, ENG Form 3925C, ENG these submissions available for public Functions Outside the United States, Form 3925P; OMB Control Number viewing on the internet at http:// requires contractors and subcontractors 0710–0006. www.regulations.gov as they are performing private security functions in Type of Request: Extension. received without change, including any designated operational areas outside the Number of Respondents: 840. personal identifiers or contact United States to comply with 32 CFR Responses per Respondent: 12. information. 159 and any orders, directives, and Annual Responses: 10,080. DOD Clearance Officer: Ms. Angela instructions contained in the contract. Average Burden per Response: 1 James. Geographic combatant commanders use Hour. the information reported by private Annual Burden Hours: 10,080. Requests for copies of the information security contractors on security Needs and Uses: The information collection proposal should be sent to incidents in order to properly account collection requirement is necessary to Ms. James at whs.mc-alex.esd.mbx.dd- for and track contractor personnel and determine usage on the nation’s [email protected]. assets in theater and to respond to waterway network. The WCSC and the Dated: August 27, 2019. security incidents as deemed necessary. LPMS databases are the sole government Morgan E. Park, Affected Public: Business entities. sources for information in the United Respondent’s Obligation: Required to Alternate OSD Federal Register Liaison States on domestic waterborne Officer, Department of Defense. obtain or retain benefits. commerce and lock or canal operation. Frequency: On occasion. The Army Corps of Engineers is the [FR Doc. 2019–18768 Filed 8–29–19; 8:45 am] Type of Request: Renewal of a agency charged with the collection of BILLING CODE 5001–06–P currently approved collection. this data due to its responsibility for the Number of Respondents: 12. planning, design, construction, Responses per Respondent: 4.
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Annual Responses: 48. collection; ways to enhance the quality, and accurate and satisfy contract Average Burden per Response: .5 utility, and clarity of the information to requirements. hour. be collected; and ways to minimize the Affected Public: Businesses or other Annual Burden Hours: 24. burden of the information collection on for-profit and not-for-profit institutions. Reporting Frequency: On Occasion respondents, including the use of Respondent’s Obligation: Required to OMB Desk Officer: Ms. Jasmeet automated collection techniques or obtain or retain benefits. Seehra. other forms of information technology. Reporting Frequency: On occasion. Comments and recommendations on The Office of Management and Budget Type of Request: Extension. the proposed information collection (OMB) has approved this information Number of Respondents: 75,250. Responses per Respondent: 13, should be sent to Ms. Jasmeet Seehra, collection for use under Control Number _ approximately. DoD Desk Officer, at Oira submission@ 0704–0369 through October 31, 2019. Annual Responses: 959,602. omb.eop.gov. Please identify the DoD proposes that OMB approve an Average Burden per Response: 1 hour, proposed information collection by DoD extension of the information collection approximately. Desk Officer and the Docket ID number requirement, to expire three years after Annual Response Burden Hours: and title of the information collection the approval date. 904,574. You may also submit comments, DATES: DoD will consider all comments Annual Recordkeeping Burden Hours: identified by docket number and title, received by October 29, 2019. 90,600. by the following method: ADDRESSES: You may submit comments, Total Annual Burden Hours: 995,174. Federal eRulemaking Portal: http:// identified by OMB Control Number www.regulations.gov. Follow the Summary of Information Collection 0704–0369, using any of the following instructions for submitting comments. DoD uses the following DFARS methods: DoD Clearance Officer: Ms. Angela provisions and clauses in solicitations Æ Federal eRulemaking Portal: http:// James. and contracts to require offerors and www.regulations.gov. Follow the Written requests for copies of the contractors to identify and mark data or instructions for submitting comments. information collection proposal should Æ software requiring protection from be sent to Ms. James at whs.mc- Email: [email protected]. Include unauthorized use, release, or disclosure alex.esd.mbx.dd-dod-information- OMB Control Number 0704–0369 in the in accordance with 10 U.S.C. 2320: subject line of the message. 252.227–7013, Rights in Technical [email protected]. Æ Fax: 571–372–6094. Data—Noncommercial Items. Jennifer Lee Hawes, Æ Mail: Defense Acquisition 252.227–7014, Rights in Regulatory Control Officer, Defense Regulations System, Attn: Ms. Jennifer Noncommercial Computer Software and Acquisition Regulations System. Johnson, OUSD (A&S) DPC/DARS, Rm. Noncommercial Computer Software [FR Doc. 2019–18824 Filed 8–29–19; 8:45 am] 3B941, 3060 Defense Pentagon, Documentation. BILLING CODE 5001–06–P Washington, DC 20301–3060. 252.227–7017, Identification and Comments received generally will be Assertion of Use, Release, or Disclosure posted without change to http:// Restrictions. DEPARTMENT OF DEFENSE www.regulations.gov, including any 252.227–7018, Rights in personal information provided. Noncommercial Technical Data and Defense Acquisition Regulations Computer Software—Small Business System FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, at 571–372–6100. Innovation Research (SBIR) Program. [Docket Number DARS–2019–0057] In accordance with 10 U.S.C. SUPPLEMENTARY INFORMATION: 2320(a)(2)(D), DoD may disclose limited Title and OMB Number: Defense Information Collection Requirement; rights data to persons outside the Federal Acquisition Regulation Defense Federal Acquisition Government, or allow those persons to Supplement (DFARS) Subpart 227.71, Regulation Supplement; Rights in use data with use, release, or disclosure Rights in Technical Data, and Subpart Technical Data and Computer Software restrictions, if the recipient agrees not to 227.72, Rights in Computer Software (OMB Control Number 0704–0369) further release, disclose, or use the data. and Computer Software Documentation, Therefore, the clause at DFARS AGENCY: Defense Acquisition and related provisions and clauses of 252.227–7013, Rights in Technical Regulations System; Department of the Defense Federal Acquisition Data—Noncommercial Items, requires Defense (DoD). Regulation Supplement (DFARS); OMB the contractor to identify and mark data ACTION: Notice and request for Control Number 0704–0369. or software that it provides with limited comments regarding a proposed Needs and Uses: DFARS subparts rights. extension of an approved information 227.71 and 227.72 prescribe the use of In accordance with 10 U.S.C. 2321(b), collection requirement. solicitation provisions and contract contractors and subcontractors at any clauses containing information tier must be prepared to furnish written SUMMARY: In compliance with the collection requirements that are justification for any asserted restriction Paperwork Reduction Act of 1995, DoD associated with rights in technical data on the Government’s rights to use or announces the proposed extension of a and computer software. DoD needs this release data. The following DFARS public information collection information to implement 10 U.S.C. clauses require contractors and requirement and seeks public comment 2320, Rights in technical data, and 10 subcontractors to maintain adequate on the provisions thereof. DoD invites U.S.C. 2321, Validation of proprietary records and procedures to justify any comments on: Whether the proposed data restrictions. DoD uses the asserted restrictions: collection of information is necessary information to recognize and protect 252.227–7019, Validation of Asserted for the proper performance of the contractor rights in technical data and Restrictions—Computer Software. functions of DoD, including whether the computer software that are associated 252.227–7037, Validation of information will have practical utility; with privately funded developments; Restrictive Markings on Technical Data. the accuracy of the estimate of the and to ensure that technical data In accordance with 10 U.S.C. 2320, burden of the proposed information delivered under a contract are complete DoD must protect the rights of
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contractors that have developed items, SUMMARY: The Department of Defense Instructions: All submissions received components, or processes exclusively at has submitted to OMB for clearance the must include the agency name, Docket private expense. Therefore, the clause at following proposal for collection of ID number, and title for this Federal DFARS 252.227–7025, Limitations on information under the provisions of the Register document. The general policy the Use or Disclosure of Government- Paperwork Reduction Act. for comments and other submissions Furnished Information Marked with DATES: Consideration will be given to all from members of the public is to make Restrictive Legends, requires a comments received by September 30, these submissions available for public contractor or subcontractor to submit a 2019. viewing on the internet at http:// use and non-disclosure agreement when ADDRESSES: Comments and www.regulations.gov as they are it obtains data from the Government to recommendations on the proposed received without change, including any which the Government has less than information collection should be personal identifiers or contact unlimited rights. In addition, DFARS emailed to Ms. Jasmeet Seehra, DoD information. 227.7103–7, Use and non-disclosure Desk Officer, at oira_submission@ DOD Clearance Officer: Ms. Angela agreement, requires intended recipients omb.eop.gov. Please identify the James. of technical data or computer software proposed information collection by DoD Requests for copies of the information delivered to the Government with Desk Officer, Docket ID number, and collection proposal should be sent to restrictions on use, modification, title of the information collection. Ms. James at whs.mc-alex.esd.mbx.dd- reproduction, release, performance, FOR FURTHER INFORMATION CONTACT: [email protected]. display, or disclosure, to sign the use Angela James, 571–372–7574, or and non-disclosure agreement at Dated: August 26, 2019. whs.mc-alex.esd.mbx.dd-dod- Morgan E. Park, 227.7103–7(c) prior to release or [email protected]. disclosure of the data, unless the Alternate OSD Federal Register Liaison SUPPLEMENTARY INFORMATION: Officer, Department of Defense. recipient is a Government contractor Title; Associated Form; and OMB [FR Doc. 2019–18767 Filed 8–29–19; 8:45 am] that requires access to a third parties Number: Department of Defense data or software for the performance of Education Activity (DoDEA) School BILLING CODE 5001–06–P a Government contract that contains the Registration and Sure Start Registration; clause at 252.227–7025, Limitations on DoDEA Form 600; OMB Control DEPARTMENT OF DEFENSE Use or Disclosure of Government- Number 0704–0495. Furnished Information Marked with Type of Request: Revision. Office of the Secretary Restrictive Legends. According to 10 Number of Respondents: 72,950. U.S.C. 2320(a)(2)(D), DoD may disclose Responses per Respondent: 1. limited rights data to persons outside Annual Responses: 72,950. [Docket ID: DOD–2019–OS–0104] the Government, or allow those persons Average Burden per Response: 22.5 to use limited rights data, if the minutes. Proposed Collection; Comment recipient agrees not to further use, Annual Burden Hours: 36,237.5. Request release, or disclose the data. Needs and Uses: This information AGENCY: The Office of the Under The provision at DFARS 252.227– collection requirement is necessary to Secretary of Defense for Research and 7028, Technical Data or Computer obtain information on Department of Engineering, DoD. Software Previously Delivered to the Defense military and civilian sponsors Government, requires an offeror to and their dependents. The information ACTION: Information collection notice. identify any technical data or computer gathered on the sponsors is used to software that it previously delivered, or determine their dependents’ enrollment SUMMARY: In compliance with the will deliver, under any Government eligibility to attend the Department of Paperwork Reduction Act of 1995, and contract. DoD needs this information to Defense Education Activity (DoDEA) as part of a Federal Government-wide avoid paying for rights in technical data schools. This includes determination of effort to streamline the process to seek or computer software that the enrollment categories, whether tuition- feedback from the public on service Government already owns. free or tuition-paying, space-required or delivery, the Defense Technical space-available. Information gathered Information Center announces a Jennifer Lee Hawes, for students is used for age verification, proposed generic information collection Regulatory Control Officer, Defense class and transportation schedules, and seeks public comment on the Acquisition Regulations System. record attendance, absence and provisions thereof. Comments are [FR Doc. 2019–18823 Filed 8–29–19; 8:45 am] withdrawal, record and monitor student invited on: Whether the proposed BILLING CODE 5001–06–P progress, grades, course and grade collection of information is necessary credits, educational services and for the proper performance of the placement, activities, student awards, functions of the agency, including DEPARTMENT OF DEFENSE special interest and accomplishments. whether the information shall have Affected Public: Individuals or practical utility; the accuracy of the Office of the Secretary households. agency’s estimate of the burden of the Frequency: As required. [Docket ID DOD–2019–OS–0034] proposed information collection; ways Respondent’s Obligation: Voluntary. to enhance the quality, utility, and OMB Desk Officer: Ms. Jasmeet Submission for OMB Review; clarity of the information to be Seehra. collected; and ways to minimize the Comment Request You may also submit comments and burden of the information collection on recommendations, identified by Docket AGENCY: Office of the Under Secretary of respondents, including through the use ID number and title, by the following Defense for Personnel and Readiness, of automated collection techniques or DoD. method: • Federal eRulemaking Portal: http:// other forms of information technology. ACTION: 30-Day information collection www.regulations.gov. Follow the DATES: Consideration will be given to all notice. instructions for submitting comments. comments received by October 29, 2019.
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ADDRESSES: You may submit comments, follow-on surveys. Future surveys will be affected. All practicable measures identified by docket number and title, be used to assist monitoring of changes were taken to arrange a CIS footprint to by any of the following methods: in the level of customer satisfaction minimize and avoid impacts to Federal eRulemaking Portal: http:// overtime. wetlands while still maintaining www.regulations.gov. Follow the Current Actions: Processing Extension operational effectiveness. However, instructions for submitting comments. as Generic. there are no practicable deployment Mail: Department of Defense, Office of Type of Review: Extension. alternatives that would completely the Chief Management Officer, Affected Public: Business or other for- avoid impacts to wetlands. If a Directorate for Oversight and profit; individuals or households; deployment decision were made, the Compliance, 4800 Mark Center Drive, Federal Government. MDA would coordinate with the U.S. Mailbox #24 Suite 08D09, Alexandria, Estimated Number of Annual Army Corps of Engineers and applicable VA 22350–1700. Respondents: 4,600. state departments of environmental Instructions: All submissions received Average Expected Annual Number of protection to determine appropriate must include the agency name, docket Activities: 8. mitigations for wetland impacts. As number and title for this Federal Below we provide projected average required by Executive Order (E.O.) Register document. The general policy estimates for the next three years: 11990 (Protection of Wetlands), MDA for comments and other submissions Average Number Of Respondents per would prepare a Finding of No from members of the public is to make Activity: 575. Practicable Alternative (FONPA) for the Responses per Respondent: 1. these submissions available for public selected site. The FONPA would Annual Responses: 6,400. viewing on the internet at http:// Average Burden per Response: 7.875 explain why there is no practicable www.regulations.gov as they are minutes. alternative to impacting wetlands at the received without change, including any Annual Burden Hours: 1,273. identified site. personal identifiers or contact Frequency: On occasion. DATES: The Final EIS will be available information. Dated: August 26, 2019. for 30 days following publication of the NOA in the Federal Register by the U.S. FOR FURTHER INFORMATION CONTACT: To Shelly E. Finke, request more information on this Environmental Protection Agency Alternate OSD Federal Register, Liaison (USEPA). proposed information collection or to Officer, Department of Defense. obtain a copy of the proposal and [FR Doc. 2019–18754 Filed 8–29–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. associated collection instruments, BILLING CODE 5001–06–P Mark Wright, MDA Public Affairs, at please write to the Office of the 571–231–8212, or by email: mda.info@ Assistant Secretary of Defense for mda.mil. Research and Engineering Information DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: The Management Control Officer, 3030 USEPA’s Notice of Availability (NOA) Defense Pentagon RM 3C152, Office of the Secretary (ER–FRL–9027–4) and the Department Washington, DC 20301, Mr. Steve Lippi of Defense’s (DoD) NOA (81 FR 34315– or call 703–614–4161. Notice of Availability of Final 34316) for the Draft EIS was published SUPPLEMENTARY INFORMATION: Environmental Impact Statement for in the Federal Register on May 31, 2016 Title; Associated Form; and OMB the Continental United States providing notice that the Draft EIS was Number: Customer Satisfaction Surveys Interceptor Site available for comment from June 3, 2016 Generic Clearance. OMB Control AGENCY: Missile Defense Agency, to July 18, 2016. The public review Number 0704–0403. Department of Defense. period was extended to August 17, 2016 Needs and Uses: The information ACTION: Notice of availability and notice (81 FR 46069). The public review period collection requirement is necessary to of activity in Wetlands as required by was from June 3, 2016 through August assess the level of service the DTIC Executive Order 11990 (Protection of 17, 2016 (75 days). Public open house provides to its current customers. The Wetlands). meetings were held June 21, 2016 surveys will provide information on the through June 30, 2016. Comments from level of overall customer satisfaction as SUMMARY: The Missile Defense Agency the Draft EIS review and public well as on customer satisfaction with (MDA) announces the availability of the meetings have been considered in and several attributes of service that impact Final Environmental Impact Statement included along with responses in the the level of overall satisfaction. These (EIS) for the potential deployment of a Final EIS. customer satisfaction surveys are Continental United States (CONUS) Proposed Action and Alternatives: required to implement Executive Order Interceptor Site (CIS). The CIS Final EIS Consistent with the 2019 Missile 12862, ‘‘Setting Customer Service was prepared in accordance with the Defense Review, the DoD does not have Standards.’’ Respondents are DTIC National Environmental Policy Act a proposed action, budget authority, or registered users who are components of (NEPA) of 1969 and the Council on direction to deploy a CIS and does not the DoD, military services, other Federal Environmental Quality Regulations for propose to deploy a CIS at this time; Government Agencies, U.S. Government Implementing the Procedural Provisions therefore, the preferred alternative is the contractors, and universities involved in of NEPA and assesses the impacts of a ‘‘No Action Alternative’’—no federally funded research. The potential deployment of a CIS. As deployment. Current sites in Alaska and information obtained by these surveys required by the fiscal year 2013 National California provide the necessary will be used to assist agency senior Defense Authorization Act, the MDA protection of the homeland from a management in determining agency evaluated candidate sites for the ballistic missile attack by countries such business policies and processes that potential future deployment of as North Korea and Iran. should be selected for examination, additional ground-based interceptors for If deployed, a CIS would be an modification, and reengineering from homeland defense against threats from extension of the existing Ground-based the customer’s perspective. These nations such as North Korea and Iran. Midcourse Defense (GMD) element of surveys will also provide statistical and All potential sites analyzed in this the Ballistic Missile Defense System. To demographic basis for the design of Final EIS contain wetlands that would the extent practicable, the CIS would be
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built as a contiguous Missile Defense DEPARTMENT OF DEFENSE Fiscal Year 2016 (Pub. L. 114–92), Complex, similar to that found at Fort Congress tasked the DACI–PAD to Greely, Alaska, and would consist of a Office of the Secretary advise the Secretary of Defense on the deployment of up to a total of 60 investigation, prosecution, and defense Defense Advisory Committee on Ground-Based Interceptors (GBIs) in up of allegations of rape, forcible sodomy, Investigation, Prosecution, and sexual assault, and other sexual to three GBI fields. The GBIs would not Defense of Sexual Assault in the be fired from their deployment site misconduct involving members of the Armed Forces; Notice of Federal Armed Forces. This will be the except in the Nation’s defense and no Advisory Committee Meeting test firing would be conducted at a CIS. fourteenth public meeting held by the DAC–IPAD. For this meeting the The overall system architecture and AGENCY: General Counsel of the Committee will meet by teleconference baseline requirements for a notional CIS Department of Defense, Department of Defense. to conduct final deliberations on and include, but are not limited to, the GBI vote on whether to approve a letter from fields, Command Launch Equipment, ACTION: Notice of Federal Advisory Committee meeting. the Committee Chair to the Secretary of In-Flight Interceptor Communication Defense containing DAC–IPAD’s System Data Terminals, GMD SUMMARY: The Department of Defense analysis of and recommendations Communication Network, supporting (DoD) is publishing this notice to regarding the Department of Defense’s facilities, such as lodging and dining, announce that the following Federal 2019 sexual assault-related collateral recreation, warehouse and bulk storage, Advisory Committee meeting of the misconduct report and future report vehicle storage and maintenance, fire Defense Advisory Committee on requirements. The Committee will also station, hazardous materials/waste Investigation, Prosecution, and Defense conduct deliberations and vote on storage, and roads and parking where of Sexual Assault in the Armed Forces whether to approve the DAC–IPAD’s necessary. (DAC–IPAD) will take place. 2019 report regarding sexual assault Candidate site locations considered in DATES: Open to the public Thursday, court-martial case adjudication trends and analysis. the EIS are: Fort Custer Training Center September 12, 2019 from 11:00 a.m. to 2:30 p.m. Agenda: 11:10 a.m.–12:40 p.m. in Michigan; Camp Ravenna Joint Committee Deliberations on the DAC– Military Training Center (Recently ADDRESSES: The address of the public meeting is One Liberty Center, 875 N IPAD Analysis of and Recommendations renamed Camp James A. Garfield) in Regarding the Department of Defense’s Ohio; and Fort Drum in New York. The Randolph Street, Suite 150, Arlington, VA 22203. 2019 Sexual Assault-Related Collateral Final EIS also analyzed a No Action Misconduct Report and Future Report FOR FURTHER INFORMATION CONTACT: Alternative or no CIS deployment, Requirements; 12:40 p.m.–2:10 p.m. which is the preferred alternative. Dwight Sullivan, 703–695–1055 (Voice), Committee Deliberations on the Draft Consistent with the 2019 Missile [email protected] (Email). DAC–IPAD 2019 Report on Sexual Defense Review, the DoD does not have Mailing address is DAC–IPAD, One Assault Court-Martial Case Adjudication Liberty Center, 875 N Randolph Street, a proposed action, budget authority, or Trends and Analysis; 2:10 p.m.—2:25 Suite 150, Arlington, Virginia 22203. direction to deploy as CIS and does not p.m. Public Comment; 2:25 p.m. Public Website: http://dacipad.whs.mil/. The propose to deploy a CIS at this time. Meeting Adjourned. most up-to-date changes to the meeting Meeting Accessibility: Pursuant to 5 For each of the candidate site agenda can be found on the website. U.S.C. 552b and 41 CFR 102–3.140 locations, the following resource areas SUPPLEMENTARY INFORMATION: Due to through 102–3.165, and subject to the were assessed: Air quality, air space, circumstances beyond the control of the availability of space, this meeting is biological, cultural, environmental DoD and the Designated Federal Officer, open to the public. Members of the justice, geology and soils, hazardous the Defense Advisory Committee on public may listen to the teleconference materials and hazardous waste Investigation, Prosecution, and Defense via speakerphone in the DAC–IPAD management, health and safety, land of Sexual Assault in the Armed Forces office conference room. Seating is use, noise, socioeconomics, was unable to provide public limited and is on a first-come basis. transportation, utilities, water, notification required by 41 CFR 102– Visitors are required to sign in at the wetlands, and visual and aesthetics. 3.150(a) concerning the meeting on One Liberty Center security desk and Public reading copies of the Final EIS September 12, 2019 of the Defense must leave government-issued photo Advisory Committee on Investigation, are available for review at the public identification on file and wear a visitor Prosecution, and Defense of Sexual libraries within the communities near badge while in the building. Department Assault in the Armed Forces. of Defense Common Access Card (CAC) the Candidate Locations. For more Accordingly, the Advisory Committee holders who do not have authorized information, including a downloadable Management Officer for the DoD, access to One Liberty Center must copy of the Final EIS, visit the MDA pursuant to 41 CFR 102–3.150(b), provide an alternate form of website at https://www.mda.mil. waives the 15-calendar day notification government-issued photo identification Dated: August 23, 2019. requirement. This meeting is being held to leave on file with security while in Aaron T. Siegel, under the provisions of the Federal the building. All visitors must pass Alternate OSD Federal Register Liaison Advisory Committee Act (FACA) of through a metal detection security Officer, Department of Defense. 1972 (5 U.S.C., Appendix, as amended), screening. Individuals requiring special the Government in the Sunshine Act of accommodations to access the public [FR Doc. 2019–18587 Filed 8–29–19; 8:45 am] 1976 (5 U.S.C. 552b, as amended), and meeting should contact the DAC–IPAD BILLING CODE 5001–06–P 41 CFR 102–3.140 and 102–3.150. at whs.pentagon.em.mbx.dacipad@ Purpose of the Meeting: In section 546 mail.mil at least five (5) business days of the National Defense Authorization prior to the meeting so that appropriate Act for Fiscal Year 2015 (Pub. L. 113– arrangements can be made. In the event 291), as modified by section 537 of the the Office of Personnel Management National Defense Authorization Act for closes the government due to inclement
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weather or for any other reason, please Expansion Project and Associated b. Aurora Hills Branch Public Library, consult the website for any changes to Roadway Realignment Project. The 735 South 18th Street, Arlington, VA the public meeting date or time. Final Environmental Assessment (EA) 22202. Written Statements: Pursuant to 41 evaluated potential impacts resulting Columbia Pike Branch Public Library, CFR 102–3.140 and section 10(a)(3) of from the proposed cemetery’s 816 South Walter Reed Drive, Arlington, the Federal Advisory Committee Act of contiguous acreage, by utilizing the VA 22204. 1972, the public or interested former Navy Annex site, located south ANC, a Direct Report Unit of the organizations may submit written of the existing cemetery, and relocating Headquarters Department of the Army, comments to the Committee about its roadways and modifying an is the lead federal agency for this mission and topics pertaining to this interchange, in Arlington, Virginia. The Project, and the USACE has prepared public session. Written comments must EA also described the potential adverse the draft NEPA document on behalf of be received by the DAC–IPAD at least effects on cultural resources related to (ANC), assisted by the HNTB five (5) business days prior to the the integration of the Air Force Corporation. The following are served as meeting date so that they may be made Memorial into the cemetery as part of cooperating agencies during the NEPA available to the Committee members for the expansion, the conversion of Patton process: Federal Highway their consideration prior to the meeting. Drive to a pedestrian trail, and the Administration, Eastern Federal Lands Written comments should be submitted demolition of a portion of the boundary Highway Division (FHWA–EFLHD), the via email to the DAC–IPAD at wall. ANC and key stakeholders—the Environmental Protection Agency whs.pentagon.em.mbx.dacipad@ Federal Highway Administration, (EPA), the National Capital Planning mail.mil in the following formats: Eastern Federal Lands Highway Commission (NCPC), the Virginia Adobe Acrobat or Microsoft Word. Division, the Virginia Department of Department of Transportation (VDOT), Please note that since the DAC–IPAD Transportation, and Arlington County and Arlington County. The ANC and the operates under the provisions of the developed a roadway realignment and USACE also considered the input of the Federal Advisory Committee Act, as relocation that creates an opportunity to public. amended, all written comments will be address multimodal capacity along ANC is located within the eastern boundary of Arlington County, in the treated as public documents and will be Columbia Pike while enabling the northeastern corner of the made available for public inspection. cemetery to maximize land available for Commonwealth of Virginia, and at the Oral statements from the public will be internment capacity, as provided western terminus of Memorial Avenue, permitted, though the number and through Congressional legislation. length of such oral statements may be directly across the Arlington Memorial DATES: The Draft FONSI is available for limited based on the time available and Bridge and the Potomac River from the a 30-day review period. Written District of Columbia (Washington DC). the number of such requests. Oral comments will be accepted until the presentations by members of the public ANC is our nation’s most hallowed close of business on September 30, ground. This Army cemetery consists of will be permitted from 2:10 p.m. to 2:25 2019. 624 acres and is the final resting place p.m. on September 12, 2019, in front of of over 400,000 service members and the Committee members. ADDRESSES: The public is invited to their families. The proposed Southern submit comments to Ms. Kathy Perdue, Dated: August 27, 2019. Expansion site, bounded by Washington Department of the Army, U.S. Army Aaron T. Siegel, Boulevard (Route 27), I–395, the VDOT Corps of Engineers, Norfolk District, Alternate OSD Federal Register Liaison Maintenance Complex, the Foxcroft Planning and Policy Branch, 803 Front Officer, Department of Defense. Heights neighborhood, and the ANC, St., Norfolk, VA 23510 or via email: [FR Doc. 2019–18800 Filed 8–29–19; 8:45 am] involves approximately 70 acres, [email protected]. including roadway corridors, among BILLING CODE 5001–06–P The Project title and the commenter’s three landowners: ANC, Arlington contact information should be included County, and VDOT. DEPARTMENT OF DEFENSE with submitted comments. Proposed Action. The Proposed FOR FURTHER INFORMATION CONTACT: Ms. Action is to establish a single Department of the Army; Corps of Kathy Perdue, (757) 201–7218. contiguous parcel of land south of the Engineers SUPPLEMENTARY INFORMATION: cemetery by relocating and realigning The Draft FONSI and Final EA are local roadways and developing the Availability of the Draft Finding of No parcel to increase interment capacity. Significant Impact and Draft available for review at the following locations: The contiguous parcel would be created Memorandum of Agreement for the through the replacement of Southgate (1) The USACE Norfolk District Arlington National Cemetery Southern Road with a new South Nash Street, and Arlington National Cemetery Southern Expansion Project and Associated realignment of Columbia Pike and the Expansion website: http:// Roadway Realignment for the Final Columbia Pike/Washington Boulevard www.nao.usace.army.mil/Missions/ Environmental Assessment, Arlington, (Route 27) interchange (adjacent to the Military-Construction/ VA Pentagon). The existing Air Force ANCSouthernExpansion/. AGENCY: Department of the Army, U.S. Memorial (AFM) would be incorporated (2) The ANC website: https:// Army Corps of Engineers, DoD. into the cemetery expansion, existing www.arlingtoncemetery.mil/About/ ACTION: Notice of availability. Patton Drive would be converted into a Policies-and-Public-Notices/Public- trail, and the existing Operations SUMMARY: The U.S. Army Corps of Notices. Complex would be relocated south of Engineers (USACE) Norfolk District, on (3) Compact Discs will be available at Columbia Pike. behalf of the Arlington National the following Arlington County, FHWA–EFLHD, in addition to its role Cemetery (ANC), announces the Virginia Public Libraries: as a cooperating agency, is designing the availability of a Draft Finding of No a. Arlington County Central Library, roadways that would be relocated as a Significant Impact (FONSI) for the 1015 N Quincy Street, Arlington, VA result of ANC expansion. The FHWA– Arlington National Cemetery Southern 22201. EFLHD has indicated that all decision-
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making to-date concerning the DEPARTMENT OF DEFENSE Washington, DC 20350, Ms. Barbara Environmental Assessment is agreeable. Figueroa or call 703–614–7885. Recently, at the request of Arlington Department of the Navy SUPPLEMENTARY INFORMATION: County and the Virginia Department of [Docket ID USN–2019–HQ–0017] Title; Associated Form; and OMB Transportation, the FHWA–EFLHD Number: Application Forms and agreed to update traffic studies to Proposed Collection; Comment Information Guide, Naval Reserve analyze how recent changes in adjacent Request Officers Training Corps (NROTC) land use, including the move of Amazon Scholarship Program; OMB Control AGENCY: The Office of the Under Number 0703–0026. HQ2 to Pentagon City, might impact the Secretary of the Navy, DoD. modified access to Route 27 Needs and Uses: This collection of ACTION: Information collection notice. (Washington Boulevard) with Columbia information is used to make a Pike associated with this federal project. SUMMARY: In compliance with the determination of an applicant’s The FHWA–EFLHD has indicated that it Paperwork Reduction Act of 1995, the academic and/or leadership potential intends to adopt the Environmental Naval Reserve Officers Training Corps and eligibility for an NROTC Assessment and issue its own Finding (NROTC) announces a proposed public scholarship. The information collected of No Significant Impact, if appropriate, information collection and seeks public is used to select the best-qualified after the updated traffic studies are comment on the provisions thereof. candidates. Affected Public: Individuals or completed. Comments are invited on: Whether the Households. Public Involvement. A Notice of Intent proposed collection of information is necessary for the proper performance of Annual Burden Hours: 46,666. to prepare an EA was published in the the functions of the agency, including Number of Respondents: 14,000. Federal Register (81 FR 23281) on April whether the information shall have Responses per Respondent: 7. 20, 2016. A public NEPA scoping practical utility; the accuracy of the Annual Responses: 98,000. meeting was held on April 27, 2016, in agency’s estimate of the burden of the Average Burden per Response: 2.5 Arlington County. Public scoping proposed information collection; ways hours. comments were collected during a 30- to enhance the quality, utility, and Frequency: Annually. day comment period, and addressed in clarity of the information to be Shelly E. Finke, the Draft EA. A Notice of Availability of collected; and ways to minimize the Alternate OSD Federal Register, Liaison the Draft EA was published in the burden of the information collection on Officer, Department of Defense. Federal Register (83 FR 40757), on respondents, including through the use [FR Doc. 2019–18755 Filed 8–29–19; 8:45 am] August 16, 2018. A second public of automated collection techniques or BILLING CODE 5001–06–P meeting was held on August 22, 2018, other forms of information technology. in Arlington, Virginia. Additional DATES: Consideration will be given to all public comments on the Draft EA were comments received by October 29, 2019. DEPARTMENT OF EDUCATION received during a 30-day comment ADDRESSES: You may submit comments, [Docket No.: ED–2019–ICCD–0109] period, and have been addressed in the identified by docket number and title, appendix of the Final EA. by any of the following methods: Agency Information Collection Pursuant to the requirements of the Federal eRulemaking Portal: http:// Activities; Comment Request; Impact National Environmental Policy Act of www.regulations.gov. Follow the Evaluation To Inform the Teacher and 1969, as amended (NEPA), 42 U.S.C. instructions for submitting comments. School Leader Incentive Program 4321–4370, as implemented by the Mail: Department of Defense, Office of Council on Environmental Quality the Chief Management Officer, AGENCY: Institute of Education Sciences Regulations (40 CFR parts 1500–1508), Directorate for Oversight and (IES); Department of Education the Army, as the lead federal agency, Compliance, 4800 Mark Center Drive, (ED).Sciences (IES) has determined that the project does not Mailbox #24, Suite 08D09, Alexandria, ACTION: Notice. VA 22350–1700. have the potential to cause significant Instructions: All submissions received SUMMARY: In accordance with the impacts on the human environment, must include the agency name, docket Paperwork Reduction Act of 1995, ED is and has developed the Draft FONSI and number and title for this Federal proposing a new information collection. Final EA to examine and assess the Register document. The general policy DATES: Interested persons are invited to impacts of the Proposed Action. for comments and other submissions submit comments on or before October FHWA–EFLHD has indicated that all from members of the public is to make 29, 2019. decision-making to-date is agreeable, these submissions available for public ADDRESSES: and that FHWA–EFLHD intends to To access and review all the viewing on the internet at http:// documents related to the information adopt the ANC’s EA and issue its own www.regulations.gov as they are collection listed in this notice, please FONSI if appropriate, after the traffic received without change, including any use http://www.regulations.gov by studies related to the modified access to personal identifiers or contact searching the Docket ID number ED– Route 27 (Washington Boulevard) with information. 2019–ICCD–0109. Comments submitted Columbia Pike. FOR FURTHER INFORMATION CONTACT: To in response to this notice should be Karen Durham-Aguilera, request more information on this submitted electronically through the Executive Director, Arlington National proposed information collection or to Federal eRulemaking Portal at http:// Cemetery. obtain a copy of the proposal and www.regulations.gov by selecting the Docket ID number or via postal mail, [FR Doc. 2019–18665 Filed 8–29–19; 8:45 am] associated collection instruments, please write to the Office of the commercial delivery, or hand delivery. BILLING CODE 3720–58–P Department of the Navy Information If the regulations.gov site is not Management Control Officer, 2000 available to the public for any reason, NAVY PENTAGON RM 4E563, ED will temporarily accept comments at
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[email protected]. Please include the Teacher and School Leader Incentive submitted by fax or email and those docket ID number and the title of the Program (TSL) by including two submitted after the comment period will information collection request when evaluation components: (1) Descriptive not be accepted. Written requests for requesting documents or submitting study of Teacher and School Leader information or comments submitted by comments. Please note that comments Incentive Program (TSL) grantees’, and postal mail or delivery should be submitted by fax or email and those (2) Implementation, impact, and cost- addressed to the Director of the submitted after the comment period will effectiveness study of designating one or Information Collection Clearance not be accepted. Written requests for more ‘‘teacher leaders’’ as coaches in Division, U.S. Department of Education, information or comments submitted by schools. It will provide updated 550 12th Street SW, PCP, Room 9086, postal mail or delivery should be information about the TSL program to Washington, DC 20202–0023. addressed to the Director of the help ED understand which strategies FOR FURTHER INFORMATION CONTACT: For Information Collection Clearance grantees are using and how effective a specific questions related to collection Division, U.S. Department of Education, commonly-used strategy—designating activities, please contact Kashka 550 12th Street SW, PCP, Room 9086, teacher leaders to provide coaching to Kubzdela, 202–502–7411 or email Washington, DC 20202–0023. other teachers—is in improving [email protected]. FOR FURTHER INFORMATION CONTACT: For educator effectiveness and ultimately SUPPLEMENTARY INFORMATION: The specific questions related to collection student achievement. Department of Education (ED), in activities, please contact Elizabeth Dated: August 27, 2019. accordance with the Paperwork Warner, 202–245–7744. Kate Mullan, Reduction Act of 1995 (PRA) (44 U.S.C. SUPPLEMENTARY INFORMATION: The PRA Coordinator, Information Collection 3506(c)(2)(A)), provides the general Department of Education (ED), in Clearance Program, Information Management public and Federal agencies with an accordance with the Paperwork Branch, Office of the Chief Information opportunity to comment on proposed, Reduction Act of 1995 (PRA) (44 U.S.C. Officer. revised, and continuing collections of 3506(c)(2)(A)), provides the general [FR Doc. 2019–18776 Filed 8–29–19; 8:45 am] information. This helps the Department public and Federal agencies with an BILLING CODE 4000–01–P assess the impact of its information opportunity to comment on proposed, collection requirements and minimize revised, and continuing collections of the public’s reporting burden. It also information. This helps the Department DEPARTMENT OF EDUCATION helps the public understand the assess the impact of its information [Docket No.: ED–2019–ICCD–0110] Department’s information collection collection requirements and minimize requirements and provide the requested the public’s reporting burden. It also Agency Information Collection data in the desired format. ED is helps the public understand the Activities; Comment Request; Program soliciting comments on the proposed Department’s information collection for International Student Assessment information collection request (ICR) that requirements and provide the requested 2021 (PISA 2021) Main Study is described below. The Department of data in the desired format. ED is Recruitment and Field Test Education is especially interested in soliciting comments on the proposed public comment addressing the information collection request (ICR) that AGENCY: National Center for Education following issues: (1) Is this collection is described below. The Department of Statistics (NCES), Department of necessary to the proper functions of the Education is especially interested in Education (ED). Department; (2) will this information be public comment addressing the ACTION: Notice. processed and used in a timely manner; following issues: (1) Is this collection (3) is the estimate of burden accurate; necessary to the proper functions of the SUMMARY: In accordance with the (4) how might the Department enhance Department; (2) will this information be Paperwork Reduction Act of 1995, ED is the quality, utility, and clarity of the processed and used in a timely manner; proposing a revision of an existing information to be collected; and (5) how (3) is the estimate of burden accurate; information collection. might the Department minimize the (4) how might the Department enhance DATES: Interested persons are invited to burden of this collection on the the quality, utility, and clarity of the submit comments on or before October respondents, including through the use information to be collected; and (5) how 29, 2019. might the Department minimize the of information technology. Please note ADDRESSES: To access and review all the burden of this collection on the that written comments received in documents related to the information response to this notice will be respondents, including through the use collection listed in this notice, please of information technology. Please note considered public records. use http://www.regulations.gov by Title of Collection: Program for that written comments received in searching the Docket ID number ED– response to this notice will be International Student Assessment 2021 2019–ICCD–0110. Comments submitted (PISA 2021) Main Study Recruitment considered public records. in response to this notice should be Title of Collection: Impact Evaluation and Field Test. submitted electronically through the to Inform the Teacher and School OMB Control Number: 1850–0755. Federal eRulemaking Portal at http:// Leader Incentive Program. Type of Review: A revision of an OMB Control Number: 1850–NEW. www.regulations.gov by selecting the existing information collection. Type of Review: A new information Docket ID number or via postal mail, Respondents/Affected Public: collection. commercial delivery, or hand delivery. Individuals or Households. Respondents/Affected Public: State, If the regulations.gov site is not Total Estimated Number of Annual Local, and Tribal Governments. available to the public for any reason, Responses: 11,733. Total Estimated Number of Annual ED will temporarily accept comments at Total Estimated Number of Annual Responses: 73. [email protected]. Please include the Burden Hours: 5,461. Total Estimated Number of Annual docket ID number and the title of the Abstract: The Program for Burden Hours: 45. information collection request when International Student Assessments Abstract: This study will meet the requesting documents or submitting (PISA) is an international assessment of Congressional mandate to evaluate the comments. Please note that comments 15-year-olds which focuses on assessing
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students’ reading, mathematics, and DEPARTMENT OF ENERGY Description: Tariff Amendment: science literacy. PISA was first 2019–08–26_SA 2026 Ameren-Hannibal administered in 2000 and is conducted Federal Energy Regulatory Second Substitute 2nd Rev WDS to be every three years. The United States has Commission effective 8/1/2019. participated in all of the previous cycles Filed Date: 8/26/19. Combined Notice of Filings #1 and is participating in 2021 in order to Accession Number: 20190826–5094. track trends and to compare the Take notice that the Commission Comments Due: 5 p.m. ET 9/16/19. performance of U.S. students with that received the following electric corporate Docket Numbers: ER19–2275–001. of students in other education systems. filings: Applicants: MidAmerican Energy PISA 2021 is sponsored by the Docket Numbers: EC19–128–000. Company. Organization for Economic Cooperation Applicants: Wildorado Wind, LLC. Description: Tariff Amendment: and Development (OECD). In the United Description: Application for Concurrence with Ottumwa GS Unit 1 States, PISA is conducted by the Authorization Under Section 203 of the F&O Agt—Amendment to ER19–2275 to National Center for Education Statistics Federal Power Act, et al. be effective 6/27/2019. (NCES), within the U.S. Department of Filed Date: 8/23/19. Filed Date: 8/26/19. Accession Number: 20190823–5176. Accession Number: 20190826–5093. Education. In each administration of Comments Due: 5 p.m. ET 9/13/19. Comments Due: 5 p.m. ET 9/16/19. PISA, one of the subject areas (reading, Take notice that the Commission Docket Numbers: ER19–2680–000. mathematics, or science literacy) is the received the following exempt major domain and has the broadest Applicants: Pacific Gas and Electric wholesale generator filings: Company. content coverage, while the other two Docket Numbers: EG19–172–000. Description: § 205(d) Rate Filing: E&P subjects are the minor domains. PISA Applicants: TWE Bowman Solar Agreement for EDPR CA Solar Park- emphasizes functional skills that Project, LLC. Sandrini Sol 2 to be effective 8/27/2019. students have acquired as they near the Description: Notice of Self- Filed Date: 8/26/19. end of mandatory schooling (aged 15 Certification of Exempt Wholesale Accession Number: 20190826–5000. years), and students’ knowledge and Generator Status of TWE Bowman Solar Comments Due: 5 p.m. ET 9/16/19. skills gained both in and out of school Project, LLC. Docket Numbers: ER19–2681–000. environments. PISA 2021 will focus on Filed Date: 8/23/19. Applicants: Southwest Power Pool, Accession Number: 20190823–5160. mathematics literacy as the major Inc. Comments Due: 5 p.m. ET 9/13/19. domain. Reading and science literacy Description: § 205(d) Rate Filing: will also be assessed as minor domains, Docket Numbers: EG19–173–000. Attachment AE Revisions to Modify Applicants: MD Solar 2, LLC. with additional assessment of financial Market Timelines to be effective 12/31/ Description: Notice of Self- literacy. In addition to the cognitive 9998. Certification of Exempt Wholesale assessments described above, PISA 2021 Filed Date: 8/26/19. Generator Status. will include questionnaires Filed Date: 8/26/19. Accession Number: 20190826–5089. administered to school principals and Accession Number: 20190826–5032. Comments Due: 5 p.m. ET 9/16/19. assessed students. To prepare for the Comments Due: 5 p.m. ET 9/16/19. Docket Numbers: ER19–2682–000. main study in 2021, PISA countries will Docket Numbers: EG19–174–000. Applicants: PJM Interconnection, conduct a field test in the spring of Applicants: FL Solar 4, LLC. L.L.C. 2020, primarily to evaluate newly Description: FL Solar 4 Submits Description: § 205(d) Rate Filing: developed assessment and Notice of Self-Certification of Exempt Original ICSA, SA No. 5454; Queue No. questionnaire items but also to test the Wholesale Generator Status. AB2–093 to be effective 7/26/2019. assessment operations. The PISA 2021 Filed Date: 8/26/19. Filed Date: 8/26/19. field test data collection will occur in Accession Number: 20190826–5033. Accession Number: 20190826–5142. the U.S.A. from March–April 2020 and Comments Due: 5 p.m. ET 9/16/19. Comments Due: 5 p.m. ET 9/16/19. the main study data collection from Docket Numbers: EG19–175–000. Take notice that the Commission September–November 2021. This Applicants: AZ Solar 1, LLC. received the following electric submission requests approval for: All Description: AZ Solar 1, LLC Submits reliability filings: Notice of Self-Certification of Exempt recruitment and data collection Wholesale Generator Status. Docket Numbers: RR19–8–000. activities related to the 2020 field test, Filed Date: 8/26/19. Applicants: North American Electric and the overarching plan and Accession Number: 20190826–5034. Reliability Corporation. recruitment of schools for the PISA 2021 Comments Due: 5 p.m. ET 9/16/19. Description: Request of North main study. Docket Numbers: EG19–176–000. American Electric Reliability Dated: August 27, 2019. Applicants: GA Solar 3, LLC. Corporation for Acceptance of its 2020 Business Plan and Budget and the 2020 Kate Mullan, Description: AZ Solar 1, LLC Submits Notice of Self-Certification of Exempt Business Plans and Budgets of Regional PRA Coordinator, Information Collection Wholesale Generator Status. Entities and for Approval of Proposed Clearance Program, Information Management Filed Date: 8/26/19. Assessments to Fund Budgets. Branch, Office of the Chief Information Accession Number: 20190826–5035. Filed Date: 8/23/19. Officer. Comments Due: 5 p.m. ET 9/16/19. Accession Number: 20190823–5182. [FR Doc. 2019–18777 Filed 8–29–19; 8:45 am] Take notice that the Commission Comments Due: 5 p.m. ET 9/16/19. BILLING CODE 4000–01–P received the following electric rate The filings are accessible in the filings: Commission’s eLibrary system by Docket Numbers: ER19–2065–002. clicking on the links or querying the Applicants: Midcontinent docket number. Independent System Operator, Inc., Any person desiring to intervene or Ameren Illinois Company. protest in any of the above proceedings
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must file in accordance with Rules 211 Description: § 4(d) Rate Filing: Fuel ENVIRONMENTAL PROTECTION and 214 of the Commission’s Retention Rates—Winter 2019 to be AGENCY Regulations (18 CFR 385.211 and effective 10/1/2019. [EPA–HQ–OECA–2012–0687; FRL–9999– 385.214) on or before 5:00 p.m. Eastern Filed Date: 8/22/19. 04–OMS] time on the specified comment date. Accession Number: 20190822–5030. Protests may be considered, but Information Collection Request intervention is necessary to become a Comments Due: 5 p.m. ET 9/3/19. Submitted to OMB for Review and party to the proceeding. Docket Numbers: RP19–1481–000. Approval; Comment Request; NESHAP eFiling is encouraged. More detailed for Stationary Combustion Turbines information relating to filing Applicants: Transcontinental Gas (Renewal) requirements, interventions, protests, Pipe Line Company, LLC. AGENCY: service, and qualifying facilities filings Description: § 4(d) Rate Filing: Environmental Protection Agency (EPA). can be found at: http://www.ferc.gov/ Negotiated Rates—FTP—Who Dat MC docs-filing/efiling/filing-req.pdf. For 547 to be effective 7/1/2019. ACTION: Notice. other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Filed Date: 8/22/19. SUMMARY: The Environmental Protection Accession Number: 20190822–5063. Agency (EPA) has submitted an Dated: August 26, 2019. information collection request (ICR), Kimberly D. Bose, Comments Due: 5 p.m. ET 9/3/19. NESHAP for Stationary Combustion Secretary. Docket Numbers: RP19–1482–000. Turbines (EPA ICR Number 1967.08, [FR Doc. 2019–18835 Filed 8–29–19; 8:45 am] OMB Control Number 2060–0540), to Applicants: Equitrans, L.P. BILLING CODE 6717–01–P the Office of Management and Budget Description: Compliance filing Notice (OMB) for review and approval in Regarding Non-Jurisdictional Gathering accordance with the Paperwork DEPARTMENT OF ENERGY Facilities (Copley System). Reduction Act. This is a proposed Filed Date: 8/22/19. extension of the ICR, which is currently Federal Energy Regulatory approved through November 30, 2019. Accession Number: 20190822–5121. Commission Public comments were previously Comments Due: 5 p.m. ET 9/3/19. requested, via the Federal Register, on Combined Notice of Filings Docket Numbers: RP19–1483–000. May 6, 2019 during a 60-day comment Take notice that the Commission has period. This notice allows for an Applicants: Equitrans, L.P. received the following Natural Gas additional 30 days for public comments. Pipeline Rate and Refund Report filings: Description: § 4(d) Rate Filing: A fuller description of the ICR is given Negotiated Rate AGS Agreement to be below, including its estimated burden Filings Instituting Proceedings effective 12/31/9998. and cost to the public. An agency may Docket Number: PR19–73–000. Filed Date: 8/22/19. neither conduct nor sponsor, and a Applicants: Ameren Illinois person is not required to respond to, a Company. Accession Number: 20190822–5124. collection of information unless it Description: Tariff filing per Comments Due: 5 p.m. ET 9/3/19. displays a currently valid OMB control 284.123(b)(2)+(g): Amended Statement number. The filings are accessible in the of Operating Conditions to be effective Commission’s eLibrary system by DATES: Additional comments may be 8/22/2019. clicking on the links or querying the submitted on or before September 30, Filed Date: 8/22/19. 2019. Accession Number: 201908225062. docket number. ADDRESSES: Submit your comments, Comments Due: 5 p.m. ET 9/12/19. Any person desiring to intervene or referencing Docket ID Number EPA– 284.123(g) Protests Due: 5 p.m. ET 10/ protest in any of the above proceedings HQ–OECA–2012–0687, to: (1) EPA 21/19. must file in accordance with Rules 211 online using www.regulations.gov (our and 214 of the Commission’s Docket Numbers: CP17–40–004. preferred method), or by email to Regulations (18 CFR 385.211 and Applicants: Spire STL Pipeline LLC. [email protected], or by mail to: EPA 385.214) on or before 5:00 p.m. Eastern Description: Abbreviated Application Docket Center, Environmental of Spire STL Pipeline LLC for Limited time on the specified comment date. Protection Agency, Mail Code 28221T, Amendment of Certificate of Public Protests may be considered, but 1200 Pennsylvania Ave. NW, Convenience and Necessity. intervention is necessary to become a Washington, DC 20460; and (2) OMB via Filed Date: 8/21/19. party to the proceeding. email to [email protected]. Accession Number: 20190821–5122. eFiling is encouraged. More detailed Address comments to OMB Desk Officer Comments Due: 5 p.m. ET 9/3/19. information relating to filing for EPA. Docket Numbers: RP19–1479–000. requirements, interventions, protests, EPA’s policy is that all comments Applicants: LA Storage, LLC. service, and qualifying facilities filings received will be included in the public Description: § 4(d) Rate Filing: Filing can be found at: http://www.ferc.gov/ docket without change, including any of Negotiated Rate, Conforming IW docs-filing/efiling/filing-req.pdf. For personal information provided, unless Agreement (Increased Capacity) to be other information, call (866) 208–3676 the comment includes profanity, threats, effective 8/20/2019. (toll free). For TTY, call (202) 502–8659. information claimed to be Confidential Filed Date: 8/20/19. Business Information (CBI), or other Dated: August 26, 2019. Accession Number: 20190820–5029. information whose disclosure is Comments Due: 5 p.m. ET 9/3/19. Kimberly D. Bose, restricted by statute. Docket Numbers: RP19–1480–000. Secretary. FOR FURTHER INFORMATION CONTACT: Applicants: Southern Natural Gas [FR Doc. 2019–18831 Filed 8–29–19; 8:45 am] Patrick Yellin, Monitoring, Assistance, Company, L.L.C. BILLING CODE 6717–01–P and Media Programs Division, Office of
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Compliance, Mail Code 2227A, Respondents/affected entities: 0122) to the Office of Management and Environmental Protection Agency, 1200 Owners or operators of stationary Budget (OMB) for review and approval Pennsylvania Ave. NW, Washington, DC combustion turbines. in accordance with the Paperwork 20460; telephone number: (202) 564– Respondent’s obligation to respond: Reduction Act. This is a proposed 2970; fax number: (202) 564–0050; Mandatory 40 CFR part 63. extension of the ICR, which is currently email address: [email protected]. Estimated number of respondents: approved through August 31, 2019. SUPPLEMENTARY INFORMATION: 122 (total). Public comments were previously Supporting documents which explain in Frequency of response: Annual, requested via the Federal Register on detail the information that the EPA will semiannual. March 14, 2019 during a 60-day be collecting are available in the public Total estimated burden: 1,430 hours comment period. This notice allows for docket for this ICR. The docket can be (per year). Burden is defined at 5 CFR an additional 30 days for public viewed online at www.regulations.gov, 1320.3(b). comments. A fuller description of the or in person at the EPA Docket Center, Total estimated cost: $166,000 (per ICR is given below, including its EPA West, Room 3334, 1301 year), which includes $0 in annualized estimated burden and cost to the public. Constitution Ave. NW, Washington, DC. capital/startup and/or operation & An agency may not conduct or sponsor The telephone number for the Docket maintenance costs. and a person is not required to respond Center is 202–566–1744. For additional Changes in the Estimates: The to a collection of information unless it information about EPA’s public docket, decrease in burden from the most displays a currently valid OMB control visit: http://www.epa.gov/dockets. recently-approved ICR is due to an number. Abstract: The National Emission adjustment. The number of respondents DATES: Additional comments may be Standards for Hazardous Air Pollutants in this ICR is based on an inventory submitted on or before September 30, (NESHAP) for Stationary Combustion conducted as part of the Risk and 2019. Turbines were proposed on January 14, Technology Review for this source ADDRESSES: Submit your comments, 2003; promulgated on March 5, 2004; category. The inventory reflects an referencing Docket ID Number EPA– and amended last on April 20, 2006. increase in the number of facilities with HQ–RCRA–2050–0122, to (1) EPA The regulations apply to sources that gas-fired stationary combustion turbines online using www.regulations.gov (our either commenced construction or and a decrease in the number of preferred method), by email to rcra- reconstruction after January 14, 2003. facilities with landfill or digester gas- docketepa.gov, or by mail to: EPA On August 18, 2004, these standards fired and oil-fired stationary combustion Docket Center, Environmental were amended to stay the effectiveness turbines. The decrease in burden, Protection Agency, Mail Code 28221T, for the two gas-fired stationary capital, and operation and maintenance 1200 Pennsylvania Ave. NW, combustion turbine subcategories (i.e., costs reflects industry trends towards Washington, DC 20460, and (2) OMB via lean pre-mix gas-fired turbines and gas-fired turbines. Turbines included in email to [email protected]. diffusion flame gas-fired turbines). the two gas-fired subcategories that are Address comments to OMB Desk Officer Under this stay, new sources in either either constructed or reconstructed after for EPA. subcategory that are either constructed January 14, 2003 are required to submit EPA’s policy is that all comments or reconstructed after January 14, 2003 initial notification reports, but are received will be included in the public are required to submit initial currently not required to comply with docket without change including any notification reports, but are also relieved other reporting or monitoring personal information provided, unless of the obligation to comply with other requirements until EPA makes a final the comment includes profanity, threats, reporting or monitoring requirements decision on the rule. information claimed to be Confidential Business Information (CBI) or other until EPA makes a final decision. Courtney Kerwin, information whose disclosure is Amendments to the NESHAP were Director, Regulatory Support Division. proposed on April 12, 2019, as a result restricted by statute. [FR Doc. 2019–18774 Filed 8–29–19; 8:45 am] of a residual risk and technology review FOR FURTHER INFORMATION CONTACT: (RTR) required under the Clean Air Act BILLING CODE 6560–50–P Craig Dufficy, Materials Recovery and (CAA; however, these amendments have Waste Management Division, Office of not been finalized and no burden ENVIRONMENTAL PROTECTION Resource Conservation and Recovery, associated with the proposed AGENCY Mail Code 5304P, Environmental amendments is included in this ICR. Protection Agency, 1200 Pennsylvania This information is being collected to [EPA–HQ–RCRA–2016–0765, FRL–9994–99– Ave. NW, Washington, DC 20460; assure compliance with 40 CFR part 63, OMS] telephone number: 703–308–9037; fax subpart YYYY. number: 703–308–0514; email address: Information Collection Request In general, all NESHAP standards [email protected]. Submitted to OMB for Review and require initial notifications, SUPPLEMENTARY INFORMATION: Approval; Comment Request; Solid performance tests, and periodic reports Supporting documents, which explain Waste Disposal Facilities and by the owners/operators of the affected in detail the information that the EPA Practices (Renewal) facilities. They are also required to will be collecting, are available in the maintain records of the occurrence and AGENCY: Environmental Protection public docket for this ICR. The docket duration of any startup, shutdown, or Agency (EPA). can be viewed online at malfunction in the operation of an ACTION: Notice. www.regulations.gov or in person at the affected facility, or any period during EPA Docket Center, WJC West, Room which the monitoring system is SUMMARY: The Environmental Protection 3334, 1301 Constitution Ave. NW, inoperative. These notifications, reports, Agency (EPA) has submitted an Washington, DC. The telephone number and records are essential in determining information collection request (ICR), for the Docket Center is 202–566–1744. compliance, and are required of all Solid Waste Disposal Facilities and For additional information about EPA’s affected facilities subject to NESHAP. Practices (Renewal) (EPA ICR Number public docket, visit http://www.epa.gov/ Form Numbers: None. 1381.12, OMB Control Number 2050– dockets.
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Abstract: In order to effectively ENVIRONMENTAL PROTECTION 2017, settlement agreement is available implement and enforce final changes to AGENCY via the internet on the EPA Region 10 40 CFR part 258 on a State level, Bristol Bay site at www.epa.gov/ [EPA–R10–OW–2017–0369; 9998–93– owners/operators of municipal solid Region 10] bristolbay. waste landfills have to comply with the C. How to Obtain a Copy of the final reporting and recordkeeping Notification of Decision To Withdraw Proposal to Withdraw the Proposed requirements. Respondents include Proposed Determination To Restrict Determination: The July 2017 proposal owners or operators of new municipal the Use of an Area as a Disposal Site; to withdraw the Proposed solid waste landfills (MSWLFs), existing Pebble Deposit Area, Southwest Determination is available via the MSWLFs, and lateral expansions of Alaska internet on the EPA Region 10 Bristol existing MSWLFs. The respondents, in Bay site at www.epa.gov/bristolbay. complying with 40 CFR part 258, are AGENCY: Environmental Protection Information regarding the proposal to required to record information in the Agency (EPA). withdraw can also be found in the facility operating record, pursuant to ACTION: Notice. docket for this effort at § 258.29, as it becomes available. The www.regulations.gov, see docket ID No. SUMMARY: The United States EPA–R10–OW–2017–0369 or use the operating record must be supplied to the Environmental Protection Agency (EPA) state as requested until the end of the following link: https:// Region 10 Regional Administrator is www.regulations.gov/ post-closure care period of the MSWLF. providing notice of the EPA’s decision The information collected will be used docket?D=EPAR10-OW-2017-0369. to withdraw the Proposed D. How to Obtain a Copy of by the State Director to confirm owner Determination to restrict the use of or operator compliance with the Notification of Suspension: The certain waters in the South Fork Koktuli February 2018 notice announcing the regulations under Part 258. These River, North Fork Koktuli River, and owners or operators could include EPA’s decision to suspend the Upper Talarik Creek watersheds in proceeding to withdraw the Proposed federal, state, and local governments, southwest Alaska as disposal sites for and private waste management Determination at that time is available dredged or fill material associated with via the internet on the EPA Region 10 companies. Facilities in NAICS codes mining the Pebble deposit. 9221, 5622, 3252, 3251 and 3253 may be Bristol Bay site at www.epa.gov/ FOR FURTHER INFORMATION CONTACT: Visit bristolbay. affected by this rule. www.epa.gov/bristolbay. Erik Peterson Form Numbers: None. is the project manager. Please call a II. Factual Background Respondents/affected entities: Bristol Bay-specific phone line at (206) In 2011, EPA initiated an assessment Recordkeeping and Reporting—Solid 553–0040, or email r10bristolbay@ to determine the significance of the Waste Disposal Facilities and Practices. epa.gov. Bristol Bay watershed’s ecological Respondent’s obligation to respond: SUPPLEMENTARY INFORMATION: resources and evaluate the potential The respondents, in complying with 40 impacts of large-scale mining on these CFR part 258, are required to record I. General Information resources. The stated purpose was to information in the facility operating EPA Region 10 is providing notice characterize the biological and mineral record, pursuant to § 258.29, as it under 40 CFR 231.5(c) of EPA’s resources of the Bristol Bay watershed; becomes available. withdrawal of the Proposed increase understanding of the potential Estimated number of respondents: Determination to restrict the use of impacts of large-scale mining on the 10,211. certain waters in the South Fork Koktuli Region’s fish resources; and inform Frequency of response: On occasion. River, North Fork Koktuli River, and future decision-making. Also in 2011, Total estimated burden: 197,965 Upper Talarik Creek watersheds in Northern Dynasty Minerals, which hours (per year). Burden is defined at 5 southwest Alaska as disposal sites for wholly owns the Pebble Limited CFR 1320.03(b). dredged or fill material associated with Partnership (PLP), submitted Total estimated cost: $15,238,668 (per mining the Pebble deposit issued under information to the United States year), includes $2,210,853 annualized EPA’s Clean Water Act (CWA) Section Securities and Exchange Commission capital or operation & maintenance 404(c) authority. EPA is concluding the that detailed its intention to develop a costs. process it started in July 2017, large-scale mine at the Pebble deposit. Changes in the Estimates: There is a suspended in January 2018, and EPA Region 10 used this information to decrease in the total estimated burden resumed in June 2019 to withdraw the develop its mining scenarios for the currently identified in the OMB Proposed Determination. EPA has Bristol Bay Watershed Assessment. Inventory of Approved ICR Burdens. decided that now is the appropriate After two rounds of public comments on This is due to the revised method of time to complete the withdrawal of the drafts of the Bristol Bay Watershed burden calculation, not any program Proposed Determination in light of Assessment in 2012 and 2013 that changes or modifications to the developments in the record and the generated over one million comments, underlying burden level assumptions. availability of processes for EPA to as well as independent external peer Previously, the burdens were grouped address record issues with the U.S. review, EPA Region 10 finalized the together and given a weighted average. Army Corps of Engineers (Corps) prior Assessment in January of 2014. On this ICR, each category of burdens to any potential future decision-making On July 21, 2014, EPA Region 10 was seperated and evaluated as to the by EPA regarding this matter. published in the Federal Register (79 specific task. The task specific burden A. How to Obtain a Copy of the FR 42314) a Notice of Proposed calculations are a reflection of actual Proposed Determination: The July 2014 Determination under section 404(c) of hours spent on each task. Proposed Determination is available via the CWA to restrict the use of certain the internet on the EPA Region 10 waters in the South Fork Koktuli River, Courtney Kerwin, Bristol Bay site at www.epa.gov/ North Fork Koktuli River, and Upper Director, Regulatory Support Division. bristolbay. Talarik Creek watersheds (located [FR Doc. 2019–18739 Filed 8–29–19; 8:45 am] B. How to Obtain a Copy of the within the larger Bristol Bay watershed) BILLING CODE 6560–50–P Settlement Agreement: The May 11, as disposal sites for dredged or fill
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material associated with mining the published in the Federal Register (82 2019 and closed on July 1, 2019. The Pebble deposit. This Proposed FR 33123, July 19, 2017). In this notice, Corps received over 100,000 comments Determination was issued preemptively; EPA defined the scope of the input it on the Draft EIS. EPA submitted over in other words, it was issued prior to was seeking on its proposal to 100 pages of comments to the Corps on PLP’s submission of a CWA Section 404 withdraw. Specifically, EPA sought the Draft EIS and over 50 pages of permit application to the Corps. The input on three reasons underlying its comments on the 404 PN. notice started a public comment period proposed withdrawal: On June 26, 2019, the EPA General that ended on September 19, 2014. EPA 1. Provide PLP with additional time to Counsel, acting by delegated authority Region 10 also held seven hearings submit a CWA Section 404 permit for the Administrator, directed EPA throughout southwest Alaska during the application to the Corps; Region 10 ‘‘to continue deliberating week of August 11, 2014. In addition to 2. Remove any uncertainty, real or regarding whether to withdraw the 2014 testimony taken at the hearings, EPA perceived, about PLP’s ability to submit Proposed Determination or Region 10 received more than 670,000 a permit application and have that alternatively, decide to leave the 2014 written comments during the public permit application reviewed; and Proposed Determination in place.’’ The comment period. 3. Allow the factual record regarding General Counsel’s memorandum The next step in the section 404(c) any forthcoming permit application to indicated that the suspension notice had process would have been for EPA develop. created confusion regarding the status of Region 10 to either forward a The notice opened a public comment the 2014 Proposed Determination and period that closed on October 17, 2017. Recommended Determination to EPA that by ‘‘making a decision one way or During the public comment period, EPA Headquarters or to withdraw the the other, the Region will provide received more than one million public Proposed Determination pursuant to 40 much-needed clarity and transparency comments regarding its proposal to CFR 231.5(a). However, PLP filed a to the public on this issue.’’ In addition, withdraw. EPA also held two hearings lawsuit that alleged that EPA formed the General Counsel also asked the in the Bristol Bay watershed during the three advisory committees in violation Region to ‘‘reconsider its previous week of October 9, 2017. Approximately of the Federal Advisory Committee Act statement that it would seek additional 200 people participated in the hearings. to assist EPA ‘‘in developing and public comment on the 2014 Proposed EPA also consulted with federally implementing an unprecedented plan to Determination, in light of the ample recognized tribal governments from the assert EPA’s purported authority under opportunity for public comment Bristol Bay region and Alaska Native section 404(c) of the federal Clean Water previously provided and the current Claims Settlement Act Regional and Act . . . in a manner that will public comment opportunity on the Village Corporations with lands in the effectively preempt [p]laintiff from more than 1,400-page [Draft EIS].’’ exercising its right through the normal Bristol Bay watershed on the Agency’s permit process to extract minerals from proposal to withdraw. III. Legal Background On December 22, 2017, PLP submitted the Pebble Mine deposit in Southwest A. CWA Section 404(c) Alaska.’’ Second Amended Complaint a CWA Section 404 permit application for Declaratory and Injunctive Relief at to the Corps to develop a mine at the CWA Section 404(a) allows the Corps 2, Pebble Limited Partnership v. EPA, Pebble deposit. On January 5, 2018, the to issue permits authorizing the No. 3:14-cv-00171 (D. Alaska July 7, Corps issued a notice that provided discharge of dredged or fill material at 2015). As part of this litigation, the PLP’s permit application to the public specified disposal sites. Section 404(b) court issued a preliminary injunction and stated that an EIS would be provides that ‘‘[s]ubject to subsection (c) against EPA on November 25, 2014 after required as part of its permit review . . ., each such disposal site shall be the court determined that PLP had ‘‘a process consistent with the National specified for each such permit by the fair chance of success on the merits’’ Environmental Policy Act (NEPA). The Secretary. . . .’’ CWA Section 404(c) with respect to one of the alleged federal Corps also invited relevant federal and authorizes EPA to deny or restrict the advisory committees. Order Granting state agencies, including EPA, to be use of defined areas as a disposal site: Preliminary Injunction at 1–2, Pebble cooperating agencies on the The Administrator is authorized to prohibit Limited Partnership v. EPA, No. 3:14-cv- development of the EIS. the specification (including the withdrawal 00171 (D. Alaska. Nov. 25, 2014). The On January 26, 2018, EPA Region 10 of specification) of any defined area as a injunction halted EPA Region 10’s issued a notice announcing a disposal site, and he is authorized to deny or section 404(c) review process until the ‘‘suspension’’ of the proceeding to restrict the use of any defined area for case was resolved. EPA and PLP withdraw the Proposed Determination. specification (including the withdrawal of resolved all outstanding lawsuits in a This action was published in the specification) as a disposal site, whenever he May 11, 2017 settlement agreement, and Federal Register on February 28, 2018 determines, after notice and opportunity for public hearings, that the discharge of such the court subsequently dissolved the (83 FR 8668). On March 1, 2018, EPA Region 10 materials into such area will have an injunction and dismissed the cases. As unacceptable adverse effect on municipal part of the settlement, EPA agreed that accepted the Corps’ invitation to serve water supplies, shellfish beds and fishery it would not advance to the next interim as a cooperating agency for development areas (including spawning and breeding step in the section 404(c) review process of the EIS for the Pebble project. As a areas), wildlife, or recreational areas. Before (i.e., a Recommended Determination), if cooperating agency, EPA has making such determination, the such a decision is made, until either participated in meetings and provided Administrator shall consult with the May 11, 2021 or EPA publishes a notice comments on early drafts of EIS Secretary. The Administrator shall set forth of the Corps’ final environmental impact material, including on sections of the in writing and make public his findings and statement (EIS) for the project, Preliminary DEIS in December of 2018. his reasons for making any determination under this subsection. whichever is earlier. EPA also agreed to EPA also provided scoping comments to ‘‘initiate a process to propose to the Corps on June 29, 2018. The statute authorizes, but does not withdraw the Proposed Determination.’’ The Corps released a Draft EIS and mandate, EPA to initiate the section In July 2017, EPA Region 10 issued a Section 404 Public Notice (404 PN) on 404(c) process. City of Olmstead Falls v. notice of a proposal to withdraw its July February 20, 2019. The public comment EPA, 266 F. Supp. 2d 718, 723 (N.D. 2014 Proposed Determination that was periods for both opened on March 1, Ohio 2003). EPA’s decision whether or
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not to exercise section 404(c) is akin to Administrator prepares a recommended withdrawal of a proposed enforcement discretion where an determination, the Regional determination. In particular, the agency’s discretion is at its broadest. Administrator then forwards it and the Regional Administrator must notify the EPA may decide to exercise its complete administrative record Administrator of the decision who then discretionary authority under section compiled in the Regional Office to the has 10 days to notify the Regional 404(c) ‘‘whenever’’ it makes a Assistant Administrator for Water. Administrator of his or her intent to determination that a discharge will have • Step 4: Final Determination. Within review. 40 CFR 231.5(c). In addition, the an unacceptable adverse effect. 33 30 days the Assistant Administrator for Regional Administrator must send U.S.C. 1344(c); 40 CFR 231.1(a), (c); see Water will consider the recommended copies of such notification to all also Mingo Logan Coal Co. v. EPA, 714 determination of the Regional ‘‘persons who commented on the F.3d 608, 613 (DC Cir. 2013). Once it Administrator and the information in proposed determination or participated makes the required determination, EPA the administrative record, and also at the hearing.’’ Id. The regulations has the authority to fully prohibit consult again with the Corps, the provide that ‘‘[s]uch persons may discharges or issue restrictions or applicant (if any), and the site owner. submit timely written recommendations conditions on discharges. Following consultation and concerning review.’’ Id. EPA’s final rule consideration of all available B. CWA Section 404(c) Regulations preamble explains that the purpose of information, the Assistant this requirement was to allow for EPA’s regulations in 40 CFR part 231 Administrator for Water makes the final ‘‘public input into the Administrator’s establish the procedures for EPA’s determination affirming, modifying, or decision whether to review the Regional consideration of whether to use its rescinding the recommended Administrator’s withdrawal of a section 404(c) authority: determination. • proposed determination.’’ 44 FR 58081, Step 1: Initial Notification. If the With regard to Step 1, the regulations October 9, 1979. EPA Regional Administrator has reason provide that the Regional Administrator In addition, EPA’s implementing to believe, after evaluating the available ‘‘may’’ initiate certain actions if he or regulations recognize the statutory information, that an unacceptable she ‘‘has reason to believe’’ that an mandate for EPA to consult with the adverse effect could result from the unacceptable adverse effect ‘‘could Corps on its section 404(c) decision. specification or use for specification of result.’’ 40 CFR 231.3(a). The Indeed, EPA’s regulations require regulations do not require immediate a defined area as a disposal site, the consultation with the Corps throughout action where the Regional Regional Administrator may initiate the the various stages of the regulatory Administrator makes such a finding section 404(c) process by notifying the process. Of particular note, the because the Regional Administrator has Corps, the applicant (if any), and the regulations contemplate two specific the ‘‘necessary discretion in deciding site owner that he intends to issue a engagements with the Corps during the when to act or whether to act at all.’’ 44 proposed determination. Each of those initial stages of the section 404(c) FR 58079, October 9, 1979. In addition, parties then has 15 days to demonstrate process. to the satisfaction of the Regional EPA uses the term ‘‘could’’ for this early stage ‘‘because the preliminary First, EPA’s regulations generally Administrator that no unacceptable contemplate that where there is a permit adverse effects will occur, or the District determination merely represents a judgment that the matter is worth application pending, the Regional Engineer can provide notice of an intent Administrator’s initial determination of to take corrective action to prevent an looking into.’’ 44 FR 58078, October 9, 1979. Importantly, a ‘‘proposed whether the discharge ‘‘could’’ result in unacceptable adverse effect. an unacceptable adverse effect would be • Step 2: Proposed Determination. If determination does not represent a made after considering the record within 15 days no such notice is judgment that discharge of dredged or developed during its coordination with provided, or if the Regional fill material will result in unacceptable the Corps on the permit application. Administrator is not satisfied that no adverse effects; it merely means that the Section 231.3(a) provides that the unacceptable adverse effect will occur, Regional Administrator believes that the Regional Administrator’s decision under the Regional Administrator must issue should be explored.’’ 44 FR 58082, that provision must be based on an publish a notice of the proposed October 9, 1979. evaluation of ‘‘information available to determination in the Federal Register, Although the regulations provide a him, including any record developed soliciting public comment and offering standard for the Regional Administrator’s decision regarding under the section 404 referral process an opportunity for public hearing. 2 • Step 3: Withdrawal of Proposed whether to issue a recommended specified in 33 CFR 323.5(b).’’ 40 CFR Determination or Preparation of determination (i.e., discharge of material Recommended Determination. ‘‘would be likely to have an 2 ‘‘Coordination with EPA. Prior to actual unacceptable adverse effect.’’), the issuance of permits for the discharge of dredged or Following the public hearing and close fill material in water of the United States, Corps of of the comment period, the Regional regulations do not provide a regulatory Engineers officials will advise appropriate Regional Administrator must either withdraw the standard for the Regional Administrators, EPA of the intent to issue permits proposed determination or prepare a Administrator’s decision to withdraw a to which EPA has objected, recommended proposed determination. 40 CFR conditions, or for which significant changes are recommended determination. A proposed. If the Regional Administrator advises, decision to withdraw may be reviewed 231.5(a), (c). Such a decision is at the within fifteen days of the advice of the intent to at the discretion of the Assistant discretion of the Regional Administrator issue, that he objects to the issuance of the permits, Administrator for Water at EPA ‘‘after review of the available the case will be forwarded to the Chief of Engineers in accordance with 33 CFR 325.11 for further Headquarters.1 If the Regional information.’’ 44 FR 50582, October 9, 1979. Instead, the regulations only coordination with the Administrator, EPA and the decision. The report forwarding the case will 1 In 1984, the EPA Administrator delegated the include procedural requirements for the contain an analysis of the economic impact on authority to make final determinations under navigation and anchorage that would occur by section 404(c) to EPA’s national CWA Section 404 Administrator Wheeler delegated to the General failing to authorize the use of a proposed disposal program manager, who is the Assistant Counsel the authority to perform all functions and site, and whether there are other economically Administrator for Water. That delegation remains in responsibilities retained by the Administrator or feasible methods or sites available other than those effect. With regard to EPA’s Section 404(c) action previously delegated to the Assistant Administrator to which the Regional Administrator objects.’’ 33 for the Pebble deposit area, on March 22, 2019, for Water. CFR 323.5(b) (1979).
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231.3(a). The regulations also include a process would be considered by the permit application will be made no later comment stating that ‘‘[i]n cases Region Administrator when evaluating than 90 days after the application is involving a proposed disposal site for information under 40 CFR 231.3(a). published. which a permit application is pending, Second, once the Regional EPA and the Corps have entered into it is anticipated that the procedures of Administrator has made the requisite various agreements pursuant to section the section 404 referral process will finding, the regulations provide an 404(q). The operative agreement was normally be exhausted prior to any final opportunity for the Corps, among entered in 1992. Part IV, paragraph 3 of decision of whether to initiate a 404(c) others, to consult with the Regional the 1992 EPA and Army Memorandum proceeding.’’ 40 CFR 231.3. Although Administrator prior to the issuance of a of Agreement to implement section the Corps removed the section 404 proposed determination. The purpose of 404(q) (hereinafter referred to as the referral process from its regulations that this consultation is to provide ‘‘404(q) MOA’’), sets forth the are still referenced in EPA’s current information to demonstrate that no ‘‘exclusive procedures’’ for elevation of regulations, the regulatory history unacceptable adverse effects will occur individual permits cases. Once the associated with the Corps’ revisions to or for the Corps to notify the Regional process is initiated, the 404(q) MOA its regulations indicates that its intent Administrator of his or her intent to take outlines a process to resolve EPA’s was to update that reference to reflect corrective action to prevent concerns that, if necessary, culminates current coordination processes with unacceptable adverse effects. 40 CFR with the Corps providing EPA with a EPA established under CWA Section 231.3(a)(2). copy of the Statement of Findings/ 404(q).3 In addition to the initial stages, the Record of Decision prepared in support In addition, EPA’s final rule preamble remainder of the 404(c) process, of the permit decision ‘‘to assist the EPA promulgating its regulations in 40 CFR including the opportunity for public in reaching a decision whether to part 231 states: comment and consultation with the initiate 404(c) before the permit is issued or activity may begin.’’ The MOA EPA’s announcement of intent to start a Corps, is intended to obtain information 404(c) action will ordinarily be preceded by relating to whether corrective action is provides a 10-day period for EPA to an objection to the permit application, and available to reduce the adverse impacts initiate the section 404(c) process before under § 325.8 such objection serves to halt of the discharge. 40 CFR 231.4(a), 231.6. the permit is issued or the activity may issuance of the permit until the matter is EPA’s final rule preamble recognized begin. resolved.... the role the Corps permitting process IV. Withdrawal of the Proposed The promulgation of regulations under would play in implementing corrective Determination 404(c) will not alter EPA’s present action identified during the section obligations to make timely objections to 404(c) process. In response to a After conferring with EPA’s General permit applications where appropriate. It is commenter that asked for EPA to Counsel, EPA Region 10 is concluding not the Agency’s intention to hold back and the withdrawal process that was then suddenly to spring a veto action at the provide an opportunity for public comment on any corrective action initiated on July 19, 2017. EPA’s July 19, last minute. The fact that 404(c) may be 2017 notice stated that it was proposing regarded as a tool of last resort implies that ‘‘proposed by the permitting authority EPA will first employ its tool of ‘‘first resort,’’ during the consultative process, where to withdraw the 2014 Proposed e.g. comment and consultation with the the effect of such corrective measures is Determination ‘‘[b]ecause the Agency permitting authority at all appropriate stages to obviate the need for the 404(c) retains the right under the settlement of the permit process. action,’’ EPA indicated that ‘‘in such a agreement to ultimately exercise the full extent of its discretion under section 44 FR 58080, October 9, 1979. situation, it would be more appropriate 404(c), including the discretion to act Therefore, the comment that exists in for the public comment to come as part prior to any potential Army Corps EPA’s regulations indicates that where of the permit process rather than the authorization of discharge of dredged or there is a permit application pending it 404(c) procedure, since it will be the fill material associated with mining the is anticipated that the 404(q) process permitting authority who will have the Pebble deposit, the Agency believes that ‘‘will normally be exhausted prior to responsibility for incorporating withdrawing the Proposed any final decision of whether to initiate appropriate corrective measures into a permit.’’ 44 FR 58081, October 9, 1979. Determination now, while allowing the a section 404(c) proceeding’’ and that factual record regarding any the record developed under the 404(q) It is important to note that the regulations envision that all the 404(c) forthcoming permit application to develop, is appropriate at this time for 3 Congress added CWA Section 404(q) to the regulatory steps would occur over statute in 1977. EPA issued its 404(c) regulations in relatively short timeframes. 40 CFR this particular matter.’’ 82 FR 33124. In 1979. 44 FR 58076, October 9, 1979. In 1980, the 231.3(a)(2), 231.4(a), 231.5(a), 231.6. suspending this withdrawal process, Corps proposed amendments to reflect the 1977 Although EPA’s regulations allow for an EPA noted that ‘‘the factual record amendments to the CWA. 54 FR 62732, September regarding the permit application can 19, 1980. Specifically, the Corps proposed to move extension of time, this exception was section 323.5 to 323.6 and amended paragraph (b), only intended where there is good develop notwithstanding the Proposed which is still the language included in the Corps’ cause. 40 CFR 231.8; see 44 FR 58079, Determination’’ and EPA ‘‘has current regulations. When issuing its 1980 proposal, October 9, 1979. discretion to consider that factual record the Corps explained that ‘‘[p]aragraph (b) would be after it has developed.’’ 83 FR 8670, revised in accordance with interagency agreements C. CWA Section 404(q) called for by section 404(q) of the CWA and EPA February 28, 2018. regulations for section 404(c) veto procedures (40 Section 404(q) directs the Secretary of EPA has carefully considered the CFR part 231).’’ 45 FR 62733, September 19, 1980. the Army to enter into agreements with positions articulated in 2014 Proposed When finalizing its revised rule language in 1982, various federal agencies, including the Determination and the 2017 and 2018 the Corps further explained that the purpose was ‘‘to be consistent with current agreements between EPA ‘‘to minimize, to the maximum notices in light of the developments the Corps and EPA which reflect EPA authority to extent practicable, duplication, needless since they were published. First, the veto disposal site specifications under section paperwork, and delays in the issuance Corps’ DEIS includes significant project- 404(c).’’ 47 FR 31795, July 22, 1982. Therefore, this of permits under this section.’’ The specific information that was not regulatory history demonstrates that the 404 referral process referenced in 231.3(a) is now manifested as agreements must be developed ‘‘to accounted for in the 2014 Proposed the coordination processes EPA and the Corps have assure that, to the maximum extent Determination and, based on that established under CWA Section 404(q). practicable’’ the Corps decision on a information, the Corps has reached
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preliminary conclusions that in certain settlement with EPA, PLP submitted its and baseline data collected by PLP to respects conflict with preliminary permit application, and since that time, characterize the mine site, mine conclusions in EPA’s 2014 Proposed the Corps’ record has grown activities, and the surrounding Determination. Second, there are other significantly to include project-specific environment. EPA 2014 ES–10, Ch. 6. processes available now, including the information, analyses, and preliminary The Assessment disclosed the 404(q) MOA process, for EPA to resolve conclusions developed during the uncertainties associated with these any issues with the Corps as the record permitting process. hypothetical scenarios and recognized develops. EPA believes these processes The record will only continue to grow that the exact details of any future mine should be exhausted prior to EPA until the Corps issues a final EIS, and plan for the Pebble deposit or for other deciding, based upon all information during this time Region 10 is precluded deposits in the watershed would differ that has and will be further developed, under the settlement agreement from from EPA’s mine scenarios. Id. to use its section 404(c) authority. The forwarding a Recommended Although a number of aspects of the issues relating to the development of the Determination to EPA Headquarters PLP’s current proposal evaluated in the record align with EPA’s original, July until the Corps issues a final EIS or May DEIS are similar to the mine scenarios 2017 rationale for withdrawing the 2014 2021, whenever is sooner. EPA used its evaluated in the Bristol Bay Watershed Proposed Determination. For these extension authority under 40 CFR 231.8 Assessment, there are aspects of PLP’s reasons, Region 10 has now concluded to suspend the process and keep the proposal that differ from EPA’s that it is more appropriate to use well- Proposed Determination pending during scenarios considered in the Assessment. established mechanisms to raise project- the timelines provided in the settlement While the agencies do not know the specific issues as the record develops agreement. 83 FR 8671, February 28, extent of the differences on the overall during the permitting process and 2018. Although the regulations allow impacts of the project and how they consider the full record before potential extensions for the short regulatory may relate to the Corps’ NEPA and 404 future decision-making on this matter, timeframes if there is good cause, these analyses, the distinctions themselves are instead of maintaining a section 404(c) timeframes provide evidence that evidence that there is now different process that is now five years old and extensions authorized under 40 CFR information in the Agencies’ records does not account for the voluminous 231.8 were not intended to allow for than in 2014. information provided in the permitting long-term gaps, as in this case, that While any subsequent mine process. could result in decision-making without expansion may change the mine the full record. components and impacts, differences A. Record Developments When EPA entered into the settlement between the 2014 projected mining EPA is withdrawing the 2014 agreement in 2017 and proposed to proposal evaluated by EPA and PLP’s Proposed Determination because there withdraw the Proposed Determination, current 20-year mining proposal include is new information that has been EPA did not know if or when PLP the following: generated since 2014, including would submit a CWA Section 404 • information and preliminary permit application. And even once PLP The movement of most mine conclusions in the Corps’ DEIS, that submitted a permit application and component facilities out of the Upper conflict with EPA’s Proposed despite the Corps’ estimated schedule, Talarik Creek watershed which may Determination and that EPA will need EPA did not know and could not know result in reduced impacts to aquatic to consider before any potential future when it issued its 2018 suspension resources in the Upper Talarik Creek watershed; decision-making regarding this matter. exactly how long the NEPA process • As discussed below, the current record would take and how it would proceed. The elimination of cyanide leaching before the agency is different from the Given the current status of the NEPA as part of the ore processing, which one considered by the Regional process, it is now clear that EPA’s 2014 eliminates risks of impacts due to Administrator in 2014 and, consistent Proposed Determination does not cyanide that would otherwise be in with general administrative law account for the significant project- tailings and process water and principles for agency decision-making, specific information that has been eliminates risk of cyanide spills; • EPA must consider the entire record of developed and will be developed during The placement of a liner under the this proceeding. As a result, any the multi-year permitting process. disposal facility containing pyritic decision-making process under section In particular, PLP’s current proposal tailings and potentially acid generating 404(c) should, if initiated, be based on is to produce 1.3 billion tons of ore from (PAG) waste rock, which would the available information at that time the Pebble deposit over 20 years. The minimize the potential for groundwater rather than based on a proposed 2014 Proposed Determination relied contamination; determination which, through the heavily on the Bristol Bay Watershed • The reduction in waste rock, which passage of time, the submittal of a Assessment, which evaluated three may make it more feasible to backfill permit application, and a significant hypothetical mine scenarios that PAG waste rock into the open pit at expansion of the record, has effectively represented different stages of mining at closure; grown stale. the Pebble deposit, based on the amount • The separation of pyritic tailings Shortly after EPA issued the 2014 of ore processed: Pebble 0.25 from bulk tailings, which may make it Proposed Determination, EPA was (approximately 0.25 billion tons of ore more feasible to backfill pyritic tailings enjoined from working on the 2014 over 20 years), Pebble 2.0 into the open pit at closure and may Section 404(c) process when a Federal (approximately 2.0 billion tons of ore result in the ability to more effectively District court issued a preliminary over 25 years), and Pebble 6.5 reclaim the pyritic tailings/PAG waste injunction. That injunction remained in (approximately 6.5 billion tons of ore rock site and reduce surface impacts place until May 11, 2017 when EPA and over 78 years). These hypothetical mine and reduce water management needs of PLP settled the pending cases. EPA’s scenarios drew on preliminary this site following closure; and record and work relating to the information developed by Northern • The relocation of treated water Proposed Determination was completely Dynasty Minerals in 2011 and submitted discharge locations, which allows flow frozen from November 2014 until May to the Securities and Exchange augmentation and may reduce impacts 2017. Within a few months of its Commission, consultation with experts, due to open pit dewatering.
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In addition to these differences in the species.’’ Proposed Determination 2014, differing conclusions, including those mining proposal, the Corps’ DEIS and 4–9 (citations omitted). noted previously, cannot serve as a basis EPA’s 2014 Proposed Determination As another example, the Alaska for such a decision. If in the future EPA draw some conflicting preliminary District’s DEIS preliminarily concluded decides to proceed under its 404(c) conclusions regarding the information in a section discussing impacts on coho authority, a new proposed about the project. EPA recognizes that and Chinook populations that: determination would be appropriate to these documents have different [C]onsidering the low quality and low use ensure consideration by the Regional purposes and that the Corps has not yet of coho and Chinook rearing habitat, the lack Administrator of the full record prior to prepared its specific section 404(b)(1) of spawning in SFK east reaches impacted, making the required determination Guidelines analysis. DEIS, Section 4.22 and the low level of coho spawning in NFK under 40 CFR 231.3(a) and ensure Wetlands and Other Waters/Special Tributary 1.190, measurable impacts to meaningful public engagement through Aquatic Sites, 4.22–4. In addition, EPA’s salmon populations would be unlikely . . . the public comment period on any new issuance of a Proposed Determination modeling indicates that indirect impacts proposed determination. As discussed represents a judgment that the matter associated with mine operations would occur below, EPA concludes that the proper at the individual level, and be attenuated should be ‘‘look[ed] into’’ or upstream of the confluence of the NFK and avenue for considering the full available ‘‘explored.’’ While the Proposed SFK with no measurable impacts to salmon record and resolving technical issues, Determination describes EPA’s basis for populations. including conflicting information and its 2014 preliminary determinations, conclusions, should be through the now DEIS, Section 4.24, page 4.24–6. For EPA has not rendered a final available processes before any potential comparison, EPA’s Proposed determination on this matter. The decision-making by EPA. Determination preliminarily concluded Corps’ conclusions are also preliminary, that: B. Process Opportunities as the Record and EPA provided detailed comments Develops on the Draft EIS and 404 PN on July 1, The headwater and beaver-modified 2019 which raise issues for the Corps’ habitats eliminated or dewatered by the EPA is also withdrawing the 2014 consideration about some of the Corps’ Pebble 0.25 stage mine could support [coho Proposed Determination because it has analyses and preliminary conclusions and Chinook] populations that are distinct determined that given the record from those using habitats farther downstream developments, as well as the language (including the examples discussed in each watershed. Besides destroying the below). EPA’s July 1, 2019 letters also intact, headwater-to-larger river networks of and structure of the 404(c) regulations, make recommendations to provide the SFK, NFK, and UTC watersheds, stream as discussed previously, at this time, the significant additional information about losses that eliminate local, unique appropriate sequencing is to resolve key project components and plans and populations could translate into a substantial technical issues during the Corps’ improve the environmental modeling loss of genetic variability with impacts permitting process rather than through a and other aspects of the impact extending well beyond the footprints of the separate 404(c) process initiated in 2014 assessment. lost habitats.... Thus, loss of the SFK, that does not reflect the full record. In this decision, EPA is not seeking to NFK, and UTC watersheds’ discrete fish EPA is participating in the Corps’ populations could have significant resolve any conflicting preliminary NEPA process as a cooperating agency repercussions well beyond that suggested by for the preparation of the EIS pursuant conclusions of the Agencies or their absolute proportion within the larger conclusively address the merits of the watersheds.... Thus, the elimination or to the Corps’ invitation and schedule. In underlying technical issues. Rather, in dewatering of nearly 5 miles (8 km) of this role, EPA has provided significant withdrawing the Proposed salmon streams caused or facilitated by the technical comments to the Corps Determination, EPA has considered the discharge of dredged or fill material for the relating to impacts of the project. EPA full record as it now stands, including Pebble 0.25 stage mine could reduce the has and will continue to work the conflicting preliminary conclusions overall productivity of the SFK, NFK, and constructively with the Corps as a of the Agencies. EPA is providing a few UTC watersheds for both species, at a level cooperating agency, providing special examples of the divergent views that the aquatic ecosystem may not be able expertise in specific areas requested by to afford. expressed by the Agencies on some key the Corps, including: Alternatives; questions that will ultimately need to be Proposed Determination 2014, 4–8 recreation; aesthetics and visual resolved. The examples are not an (citations omitted). Furthermore, EPA resources; soils; surface- and exhaustive list but are included to anticipates that additional information groundwater hydrology; water and illustrate that the Agencies have will continue to become available sediment quality; wetlands and special expressed divergent views on important through the Corps’ ongoing permit aquatic sites; vegetation; and mitigation. issues related to the impact of the review process that was not available at EPA plans to continue to work with the proposed project. the time of the Proposed Determination. Corps and the other cooperating For example, the DEIS states in a The Corps’ Draft EIS received over agencies on the next steps in the NEPA section regarding fish displacement and 100,000 public comments. In addition to process, including the development of habitat loss that ‘‘there is sufficient these comments now in the record, EPA the final EIS and other information to available habitat for relocation without expects that additional information inform the Corps’ permit decision. impacts to existing populations . . . relevant to EPA’s decision-making will In addition to supporting the Corps as [t]he extent or scope of these impacts become available through the permitting a cooperating agency, EPA is evaluating would [be] limited to waters in the process. All this information represents the information relevant to the section vicinity of the mine site footprint, and the full record that EPA would 404(b)(1) Guidelines analysis and may not be observed downstream from ultimately need to consider as part of providing feedback to the Corps. EPA’s the affected stream channel.’’ DEIS any regulatory decision-making. July 1, 2019 comments on the 404 PN Section 4.24, page 4.24–8. However, Given the need for any final EPA for Pebble’s permit application stated EPA’s 2014 Proposed Determination 404(c) decision to be based on the entire that it ‘‘has concerns regarding the states that ‘‘[t]he elimination and record, EPA has concluded that a extent and magnitude of the substantial dewatering of anadromous fish streams Proposed Determination which in its proposed impacts to streams, wetlands, would also adversely affect downstream current form does not account for the and other aquatic resources that may habitat for salmon and other fish full record and does not grapple with result, particularly in light of the
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important role these resources play in Importantly, EPA could not have different position regarding its ability to supporting the region’s valuable fishery initiated the 404(q) MOA process when provide information relating to resources.’’ EPA Region 10 started its section 404(c) corrective actions to prevent In its section 404 letter, EPA Region process for the Pebble deposit area in unacceptable adverse effects and that 10 also invoked the process to resolve 2014 or when EPA issued its February information should be accounted for in these concerns pursuant to the 404(q) 2018 suspension notice. After the Corps the Corps’ permitting process as well as MOA. EPA’s June 1, 2019 letter stated noticed PLP’s 404 permit application for by EPA. that ‘‘Region 10 finds that this project as public comment, EPA could and did For these reasons, EPA has described in the PN may have initiate the section 404(q) MOA determined that it is most appropriate to substantial and unacceptable adverse procedures. Now that the 404(q) MOA participate in the 404 permitting impacts on fisheries resources in the process is available to resolve issues, processes to address concerns as the project area watersheds, which are EPA has determined that it is most record develops rather than continue aquatic resources of national appropriate to use that process to with a separate 404(c) action initiated in importance.’’ resolve issues as the record develops 2014. This approach will ensure that EPA recognizes that the Corps, before engaging in any possible future both agencies will be able to consider through well-established processes of decision-making regarding its section the full record and engage on issues continued analysis and coordination 404(c) authority. By initiating the 404(q) consistent with their respective roles with EPA, may resolve some of the MOA process, EPA Region 10 is provided for under the Clean Water Act issues raised by EPA’s letter. In following an avenue to work with the and EPA’s implementing regulations. addition, EPA recognizes that it is Corps Alaska District throughout the V. Response to Comments permitting process to resolve concerns. incumbent on the Agency to reanalyze EPA’s February 2018 Federal Register its prior position, which was based on If unresolved, EPA Region 10 can elevate to EPA Headquarters, which can notice summarized the comments EPA hypothetical scenarios, now that there is received on the proposal to withdraw. actual, non-speculative information decide whether to engage with the Department of the Army. If EPA Two of EPA’s bases for withdrawal in before EPA in the form of a section 404 2017 focused on giving time for PLP to permit application and associated proceeds through this process and its concerns remain outstanding when the submit a permit application and to information. allow for Corps review of that permit As such, EPA believes it is Corps is ready to issue the permit, the MOA specifically contemplates that application. EPA acknowledges that appropriate to defer to the Corps’ given the developments since EPA’s decision-making process to sort out the EPA will have an opportunity to consider exercising its section 404(c) July 2017 notice those rationales for information before deciding whether to withdrawal no long apply to this initiate a section 404(c) process based authority at that time. If EPA believes that these processes are not addressing situation. on the full record before the agencies. As discussed previously, EPA’s This approach is appropriate in these its concerns, EPA retains the discretion and the authority to decide to use its withdrawal action aligns with the third circumstances in light of the record basis included in EPA’s original July developments and EPA’s regulations as section 404(c) authority ‘‘whenever’’ it determines, in its discretion, that the 2017 proposed withdrawal relating to described previously. Under the statute the factual development of the record and regulations, the Corps is the lead statutory standard for exercising this authority has been met, including at the for PLP’s permit application and EPA’s agency for issuing permits under section ability, consistent with its settlement 404(a). The Corps should have the first end of 404(q) MOA process, by initiating a new section 404(c) process agreement, to exercise section 404(c) opportunity to consider project-specific prior to any potential Corps information here without having to that is informed by the entirety of the facts and the Corps’ decision-making authorization of discharge of dredged or contend with a 404(c) proposal that 4 fill material associated with mining the does not account for all of the available known to the Agency at that time. The Corps, in addition to the public, Pebble deposit. EPA is focusing its information. also plays an important role in responses on that issue and on Moreover, when EPA is considering identifying information or potential comments that EPA explained that it use of its authority under section 404(c), corrective actions to address EPA’s was not addressing in its 2018 the Corps plays an important unacceptable adverse effects finding. In suspension notice. coordination and consultation role in particular, EPA’s regulations provide a EPA’s February 28, 2018 notice the initial stages of EPA’s decision- 15-day opportunity for the Corps to indicated that ‘‘in light of EPA’s making, and that role may differ provide such information prior to the forbearance from proceeding to the next depending on whether or not there is a issuance of the proposed determination. step of the section 404(c) process . . ., pending CWA 404 permit application. Although the Corps participated in EPA concludes that the factual record As discussed previously, the regulations EPA’s 2014 process prior to the issuance regarding the permit application can provide that where there is a permit of the Proposed Determination, the develop notwithstanding the Proposed application pending, ‘‘it is anticipated’’ nature of the Corps’ engagement in this Determination.’’ 83 FR 8670. Although that the coordination process ‘‘will instance was somewhat limited because that remains true, given the need for any normally be exhausted prior to any final there was no permit application final EPA 404(c) decision to be based on decision of whether to initiate a 404(c) pending. Now that PLP submitted a the entire record, EPA has concluded proceeding.’’ The current coordination permit application, the Corps is in a that a Proposed Determination which in procedures between EPA and the Corps its current form does not account for the on individual permitting decisions is 4 The 404(q) MOA states that ‘‘This agreement full record and does not grapple with now memorialized in the 1992 404(q) does not diminish either Agency’s authority to differing conclusions, including those MOA. The elevation procedures decide whether a particular individual permit noted previously, should not serve as a represent a longstanding, well- should be granted, including determining whether basis for such a decision. the project is in compliance with the Section understood, and agreed-upon process 404(b)(1) Guidelines, or the Administrator’s In response to comments that EPA that the agencies have utilized for more authority under section 404(c) of the Clean Water cannot withdraw a Proposed than two decades. Act.’’ Part I, paragraph 5. Determination without considering the
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proposed restrictions or the science and obligation. EPA’s regulations only Dated: July 30, 2019. technical information, EPA’s February require notification to all those that Chris Hladick, 28, 2018 notice stated that such commented on the proposed Regional Administrator, EPA Region 10. comments were ‘‘moot’’ in light of determination or participated at the [FR Doc. 2019–18596 Filed 8–29–19; 8:45 am] EPA’s decision not to withdraw the hearing and allow an opportunity for BILLING CODE 6560–50–P Proposed Determination. 83 FR 8670. such persons to provide timely written Although EPA is now withdrawing the recommendations concerning whether Proposed Determination, such the Administrator should review the ENVIRONMENTAL PROTECTION comments remain outside the bounds of Regional Administrator’s decision. 40 AGENCY EPA’s basis for its decision. Indeed, CFR 231.5(c); 44 FR 58081, October 9, EPA’s July 19, 2017 notice indicated 1979. EPA satisfied this requirement [EPA–HQ–OAR–2007–0358; FRL–9994–91– OMS] that it was ‘‘not soliciting comment on through its July 2017 notice. Through the proposed restrictions or science or this process, the public had a full Information Collection Request technical information underlying the opportunity to comment on the very Submitted to OMB for Review and Proposed Determination.’’ 82 FR 33124. basis for EPA’s withdrawal of the Approval; Comment Request; Moreover, EPA’s February 28, 2018 Proposed Determination and on whether Responsible Appliance Disposal notice made clear that such comments the Administrator should review and Program (Renewal) were outside the scope. 83 FR 8898. As reconsider the withdrawal. 82 FR 33124, in EPA’s prior notices, EPA is not basing July 19, 2017. EPA has now completed AGENCY: Environmental Protection its decision-making on technical consideration of the issues raised as Agency (EPA). consideration or judgments about described in this notice. The General ACTION: Notice. whether the mine proposal will Counsel, who is the delegated official to ultimately be found to meet the act for the Administrator, did not notify SUMMARY: The Environmental Protection requirements of the 404(b)(1) Guidelines the Regional Administrator of his intent Agency (EPA) has submitted an or results in ‘‘unacceptable adverse to review as described in the information collection request (ICR), effects’’ under CWA section 404(c). The regulations, thus ending the regulatory Responsible Appliance Disposal technical information is continuing to process. Program (EPA ICR Number 2254.03, OMB Control Number 2060–0703) to the evolve through the ongoing section 404 EPA has also determined that it is Office of Management and Budget and NEPA processes, and unnecessary to seek additional public (OMB) for review and approval in determinations under section 404 will comment as indicated by the February accordance with the Paperwork be made in conjunction with, and based 2018 Federal Register notice. Such an Reduction Act. This is a proposed on, the record when it is fully additional public comment is not extension of the ICR, which is currently developed. Rather, EPA is withdrawing required under EPA’s regulations. EPA approved through August 31, 2019. its 2014 Proposed Determination based notes that it provided numerous Public comments were previously on the considerations described in this opportunities for the public to comment requested via the Federal Register on notice and is continuing to consider the on the Bristol Bay Watershed February 8, 2019 during a 60-day technical issues through its engagement Assessment and Proposed comment period. This notice allows for with the Corps in these procedures. EPA Determination, including on the an additional 30 days for public will continue to consider the relevant rationale for EPA’s decision to withdraw comments. A fuller description of the science and technical information, the Proposed Determination. ICR is given below, including its including the information underlying its Furthermore, the Corps has provided an estimated burden and cost to the public. 2014 Proposed Determination, as part of opportunity for the public to comment An agency may not conduct or sponsor the ongoing permitting process. This on the Draft EIS and the public has an and a person is not required to respond effort includes consideration of ‘‘any opportunity to comment on the final to a collection of information unless it other information that is relevant to EIS. See 40 CFR 1503.1(b). Finally, if displays a currently valid OMB control protection of the world-class fisheries EPA initiates the section 404(c) process number. contained in the Bristol Bay watershed pursuant to 40 CFR 231.3 in the future in light of the permit application that and proceeds to publish a new Proposed DATES: Additional comments may be has now been submitted to the Corps.’’ Determination, such a decision would submitted on or before September 30, 83 FR 8670, February 28, 2018. be subject to notice and comment under 2019. EPA’s February 28, 2018 notice EPA’s regulations. ADDRESSES: Submit your comments, indicated that comments received on VI. Conclusion referencing Docket ID Number EPA– the Administrator’s review ‘‘do not need HQ–OAR–2007–0358, to (1) EPA online to be addressed’’ because the Proposed This decision provides clarity and using www.regulations.gov (our Determination was not being certainty that EPA Region 10 will be preferred method), by email to a-and-r- withdrawn. See 83 FR 8670. In general, working through the Corps’ permitting [email protected], or by mail to: EPA these comments advocated for or against process, including as a cooperating Docket Center, Environmental the Administrator’s review. Some agency, and the 404(q) MOA process for Protection Agency, Mail Code 28221T, commenters asked for additional engagement on this matter. This notice 1200 Pennsylvania Ave. NW, opportunities for public input. EPA has concludes EPA’s withdrawal process Washington, DC 20460, and (2) OMB via satisfied all of the procedural that was initiated on July 19, 2017 and email to [email protected]. requirements for withdrawing a suspended on January 26, 2018. As Address comments to OMB Desk Officer proposed determination provided in 40 Regional Administrator and after for EPA. CFR 231.5(c). EPA’s regulations do not conferring with EPA’s General Counsel, EPA’s policy is that all comments require EPA to propose a withdrawal of I am providing notice of withdrawal of received will be included in the public a proposed determination and take the 2014 Proposed Determination docket without change including any public comment. EPA took that step to described herein under 40 CFR personal information provided, unless comply with its settlement agreement 231.5(c)(1). the comment includes profanity, threats,
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information claimed to be Confidential Total estimated burden: 292 hours online using www.regulations.gov (our Business Information (CBI) or other (per year). Burden is defined at 5 CFR preferred method), or by email to information whose disclosure is 1320.03(b). [email protected], or by mail to: EPA restricted by statute. Total estimated cost: $36,753 (per Docket Center, Environmental FOR FURTHER INFORMATION CONTACT: year), includes $0 annualized capital or Protection Agency, Mail Code 28221T, Sally Hamlin, Stratospheric protection operation & maintenance costs. 1200 Pennsylvania Ave. NW, Changes in Estimates: There is a Division, Office of Atmospheric Washington, DC 20460; and (2) OMB via decrease of 33 hours in the total _ Programs (mail code 6205T), email to oira [email protected]. estimated respondent burden compared Environmental Protection Agency, 1200 Address comments to OMB Desk Officer with the 325 hours for the ICR currently Pennsylvania Ave. NW, Washington, DC for EPA. approved by OMB. This decrease is due 20460; telephone number: (202) 343– EPA’s policy is that all comments to a decrease in the number of 9711; fax number: (202) 343–2362; received will be included in the public respondents due to recycling industry email address: [email protected]. docket without change, including any changes, as well as a reduction in the personal information provided, unless SUPPLEMENTARY INFORMATION: number of partners participating in the the comment includes profanity, threats, Supporting documents, which explain program each year. information claimed to be Confidential in detail the information that the EPA Courtney Kerwin, Business Information (CBI), or other will be collecting, are available in the information whose disclosure is Director, Regulatory Support Division. public docket for this ICR. The docket restricted by statute. can be viewed online at [FR Doc. 2019–18731 Filed 8–29–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: www.regulations.gov or in person at the BILLING CODE 6560–50–P Patrick Yellin, Monitoring, Assistance, EPA Docket Center, WJC West, Room and Media Programs Division, Office of 3334, 1301 Constitution Ave. NW, Compliance, Mail Code 2227A, Washington, DC. The telephone number ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 for the Docket Center is 202–566–1744. AGENCY Pennsylvania Ave. NW, Washington, DC For additional information about EPA’s [EPA–HQ–OECA–2012–0701; FRL–9998– 20460; telephone number: (202) 564– public docket, visit https:// 33–OMS] 2970; fax number: (202) 564–0050; www.epa.gov/dockets. email address: [email protected]. Abstract: The Responsible Appliance Information Collection Request SUPPLEMENTARY INFORMATION: Disposal Program (RAD) is a voluntary Submitted to OMB for Review and partnership program sponsored by the Approval; Comment Request; NESHAP Supporting documents, which explain Environmental Protection Agency (EPA) for Miscellaneous Coating in detail the information that the EPA that reduces emissions of ozone Manufacturing (Renewal) will be collecting, are available in the depleting substances (ODS) that can be public docket for this ICR. The docket AGENCY: Environmental Protection can be viewed online at attributed to improper disposal of Agency (EPA). appliances. Appliances can contain www.regulations.gov, or in person at the ACTION: Notice. ozone depleting refrigerants and foams EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, as well as universal wastes such as SUMMARY: The Environmental Protection Washington, DC. The telephone number mercury, used oil, and polychlorinated Agency (EPA) has submitted an for the Docket Center is 202–566–1744. biphenyls (PCB). Federal law requires information collection request (ICR), For additional information about EPA’s refrigerant recovery and proper NESHAP for Miscellaneous Coating public docket, visit: http:// management of universal waste but does Manufacturing (EPA ICR Number www.epa.gov/dockets. not require the recovery of appliance 2115.07, OMB Control Number 2060– Abstract: The National Emission foam. In addition to being ODS, foam 0535), to the Office of Management and Standards for Hazardous Air Pollutants blowing agents and refrigerants in Budget (OMB) for review and approval (NESHAP) for Miscellaneous Coating appliances may also have high global in accordance with the Paperwork Manufacturing (40 CFR part 63, subpart warming potentials (GWPs). The RAD Reduction Act. This is a proposed HHHHH) apply to new and existing program works with utilities, retailers, extension of the ICR, which is currently facilities that: (1) Manufacture a manufacturers, state agencies, affiliates, approved through November 30, 2019. miscellaneous coating (including inks, and others to dispose of appliances Public comments were previously paints, or adhesives described by either using best environmental practices. requested, via the Federal Register, on Standard Industrial Classification (SIC) May 6, 2019 during a 60-day comment Form Numbers: 5900–32. codes 285 or 289, or North American period. This notice allows for an Respondents/affected entities: The Industrial Classification System additional 30 days for public comments. following is a list of North American (NAICS) codes 3255 or 3259); (2) are A fuller description of the ICR is given Industry Classification System (NAICS) either located at, or are part of, major below, including its estimated burden codes for organizations potentially sources of hazardous air pollutant and cost to the public. An Agency may affected by the information (HAP) emissions; (3) process, use, or neither conduct nor sponsor, and a requirements covered under this ICR are produce HAP; and (4) are not part of an person is not required to respond to, a Utilities (2211), Manufacturers (3352), affected source under another subpart of collection of information unless it Retailers (443141), Universities 40 CFR part 63. New facilities include displays a currently valid OMB control (611310), and States/Municipalities those that commenced either number. (999300). construction or reconstruction after Respondent’s obligation to respond: DATES: Additional comments may be April 4, 2002. Voluntary. submitted on or before September 30, In general, all NESHAP standards Estimated number of respondents: 48 2019. require initial notifications, (over three years). ADDRESSES: Submit your comments, performance tests, and periodic reports Frequency of response: Annual, and referencing Docket ID Number EPA– by the owners/operators of the affected when desired. HQ–OECA–2012–0701, to: (1) EPA facilities. They are also required to
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maintain records of the occurrence and ACTION: Notice. for the Docket Center is 202–566–1744. duration of any startup, shutdown, or For additional information about EPA’s malfunction in the operation of an SUMMARY: The Environmental Protection public docket, visit http://www.epa.gov/ affected facility, or any period during Agency (EPA) is submitting an dockets. which the monitoring system is information collection request (ICR), Abstract: Section 112(r) of the Clean inoperative. These notifications, reports, Risk Management Program Air Act (CAA) mandates that EPA and records are essential in determining Requirements and Petitions to Modify promulgate a list of ‘‘regulated compliance, and are required of all the List of Regulated Substances under substances’’ with threshold quantities affected facilities subject to NESHAP. section 112(r) of the Clean Air Act (EPA and establish procedures for the This information is being collected to ICR Number 1656.16, OMB Control addition and deletion of substances assure compliance with 40 CFR part 63, Number 2050–0144) to the Office of from the list of regulated substances. subpart HHHHH. Management and Budget (OMB) for Processes at stationary sources that Form Numbers: None. review and approval in accordance with contain more than a threshold quantity Respondents/affected entities: These the Paperwork Reduction Act. This is a of those regulated substance are subject regulations apply to new and existing proposed extension of the ICR. Public to accidental release prevention facilities that: (1) Manufacture a comments were previously requested regulations promulgated under CAA miscellaneous coating (including inks, via the Federal Register on September section 112(r)(7). These two rules are paints, or adhesives described by 11, 2018, during a 60-day comment codified as 40 CFR part 68, which Standard Industrial Classification (SIC) period. This notice allows for an requires that sources with more than a codes 285 or 289, or North American additional 30 days for public comments. threshold quantity of a regulated Industrial Classification System A fuller description of the ICR is given substance in a process develop, (NAICS) codes 3255 or 3259); (2) are below, including its estimated burden implement, and submit a risk either located at, or are part of, major and cost to the public. An agency may management plan to EPA. EPA uses risk sources of hazardous air pollutant not conduct or sponsor, and a person is management plans to conduct oversight (HAP) emissions; (3) process, use, or not required to respond to, a collection of regulated sources, and to produce HAP, and (4) are not part of an of information unless it displays a communicate information concerning affected source under another subpart of currently valid OMB control number. them to federal, state, and local agencies 40 CFR part 63. DATES: Comments must be submitted on and the public, as appropriate. Respondent’s obligation to respond: or before September 30, 2019. The burden to sources that are Mandatory (40 CFR part 63, subpart ADDRESSES: Submit your comments, currently covered by 40 CFR part 68 for HHHHH). referencing Docket ID No. EPA–HQ– initial rule compliance, including rule Estimated number of respondents: 43 OAR–2003–0052, online using familiarization and program (total). implementation, was accounted for in Frequency of response: Semiannually. www.regulations.gov (our preferred method), by email to superfund.docket@ previous ICRs. The term ‘‘source’’ refers Total estimated burden: 54,600 hours to a ‘‘stationary source,’’ which is the (per year). Burden is defined at 5 CFR epa.gov or by mail to: EPA Docket Center, Environmental Protection Clean Air Act term for facility. This 1320.3(b). information collection covers sources Agency, Mail Code 28221T, 1200 Total estimated cost: $7,240,000 (per submitting an RMP update to comply Pennsylvania Ave. NW, Washington, DC year), which includes $907,000 in with its five-year compliance deadline 20460, and (2) OMB via email to oira_ annualized capital/startup and/or within this ICR period, sources that [email protected]. Address operation & maintenance costs. revised and resubmitted their RMPs comments to OMB Desk Officer for EPA. Changes in the Estimates: There is an between the five-year deadlines because EPA’s policy is that all comments adjustment decrease in the total of changes occurring at the source that received will be included in the public estimated burden as currently identified triggered an earlier resubmission, and docket without change, including any in the OMB Inventory of Approved sources that have been assigned a personal information provided, unless Burdens. A decrease in the number of different deadline in 2020, 2021 or 2022 the comment includes profanity, threats, respondent resulted in a decrease in the based on the date of their most recent information claimed to be Confidential number of responses, hours and costs. submission. In addition, this ICR Business Information (CBI) or other accounts for burden for new sources Courtney Kerwin, information whose disclosure is that may become subject to the Director, Regulatory Support Division. restricted by statute. [FR Doc. 2019–18786 Filed 8–29–19; 8:45 am] regulations, sources that have been out FOR FURTHER INFORMATION CONTACT: of compliance since the last regulatory BILLING CODE 6560–50–P Wendy Hoffman, Office of Emergency deadline but are expected to comply Management, mail code 5104A, during this ICR period, and sources that Environmental Protection Agency, 1200 ENVIRONMENTAL PROTECTION have deadlines beyond this ICR period Pennsylvania Ave. NW, Washington, DC AGENCY but are required to comply with certain 20460; telephone number: (202) 564– prevention program documentation [EPA–HQ–OAR–2003–0052; FRL–9999–20– 8794; fax number: (202) 564–2625; requirements during this ICR period. OMS] email address: [email protected]. Form Numbers: Risk Management SUPPLEMENTARY INFORMATION: Information Collection Request Plan Form: EPA Form 8700–25; CBI Submitted to OMB for Review and Supporting documents, which explain Substantiation Form: EPA Form 8700– Approval; Comment Request; Risk in detail the information that the EPA 27; CBI Unsanitized Data Element Form: Management Program Requirements will be collecting, are available in the EPA Form 8700–28. and Petitions To Modify the List of public docket for this ICR. The docket Respondents/affected entities: Regulated Substances Under Section can be viewed online at Chemical manufacturers, petroleum 112(r) of the Clean Air Act (Renewal) www.regulations.gov or in person at the refineries, water treatment systems, EPA Docket Center, WJC West, Room agricultural chemical distributors, AGENCY: Environmental Protection 3334, 1301 Constitution Ave. NW, refrigerated warehouses, chemical Agency. Washington, DC. The telephone number distributors, non-chemical
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manufacturers, wholesale fuel EPA Worker Protection Standards for public docket, visit http://www.epa.gov/ distributors, energy generation facilities, Hazardous Waste Operations and dockets. etc. Emergency Response (EPA ICR Number Abstract: Section 126(f) of the Respondent’s obligation to respond: 1426.12, OMB Control Number 2050– Superfund Amendments and Mandatory (40 CFR part 68). 0105) to the Office of Management and Reauthorization Act of 1986 (SARA) Estimated number of respondents: Budget (OMB) for review and approval requires EPA to set worker protection 13,009. in accordance with the Paperwork standards for state and local employees Frequency of response: Sources must Reduction Act. This is a proposed engaged in hazardous waste operations resubmit RMPs at least every five years extension of the ICR, which is currently and emergency response in the 27 states and update certain on-site approved through August 31, 2019. that do not have Occupational Safety documentation more frequently. Public comments were previously and Health Administration approved Total estimated burden: 66,793 hours requested via the Federal Register on state plans. The EPA coverage, as cited (per year). Burden is defined at 5 CFR November 27, 2018 during a 60-day in 40 CRF 311, required to be identical 1320.03(b). comment period. This notice allows for to the OSHA standards, extends to three Total estimated cost: $4,864,537 (per an additional 30 days for public categories of employees: Those engaged year), includes $0 annualized capital or comments. A fuller description of the in clean-ups at uncontrolled hazardous operation & maintenance costs. ICR is given below, including its waste sites, including corrective actions Changes in Estimates: This ICR estimated burden and cost to the public. at Treatment, Storage and Disposal includes an increase of 12,793 hours in An agency may not conduct or sponsor (TSD) facilities regulated under the the total estimated respondent burden and a person is not required to respond Resource Conservation and Recovery for all sources and states compared to to a collection of information unless it Act (RCRA); employees working on the ICR currently approved by OMB. displays a currently valid OMB control routine hazardous waste operations at There are two primary reasons for this number. RCRA TSD facilities; and employees increase in burden. First, this ICR DATES: Additional comments may be involved in emergency response period includes a larger number of submitted on or before September 30, operations without regard to location. RMPs reported than the previous ICR 2019. This ICR renews existing mandatory period. Second, the burden varies from record keeping collection of ongoing ADDRESSES: Submit your comments, ICR to ICR due to different resubmission activities including monitoring of any referencing Docket ID Number EPA– deadlines based on the sources’ RMP re- potential employee exposure at HQ–SFUND–2005–0007, to (1) EPA submission deadlines and other uncontrolled hazardous waste sites, online using www.regulations.gov (our regulatory deadlines. Therefore, the maintaining records of employee preferred method), by email to burden changes each year depending on training, refresher training, medical [email protected] or by mail how many sources are required to exams and reviewing emergency to: EPA Docket Center, Environmental submit their RMP and comply with response plans. Protection Agency, Mail Code 28221T, certain prevention program Form Numbers: None. requirements. The number of sources 1200 Pennsylvania Ave. NW, Respondents/affected entities: Entities subject to the regulations fluctuates Washington, DC 20460, and (2) OMB via _ potentially affected by this action are regularly and is lower in this ICR than email to oira [email protected]. those state and local employees engaged the previous ICR. However, any Address comments to OMB Desk Officer in hazardous waste operations and decrease in burden caused by the lower for EPA. emergency response in the 27 states that number of sources is offset by the EPA’s policy is that all comments do not have Occupational Health & increased burden from the major RMP received will be included in the public Safety Administration (OSHA) approved reporting year. docket without change including any personal information provided, unless state plans. Courtney Kerwin, the comment includes profanity, threats, Respondent’s Obligation to respond: Director, Regulatory Support Division. information claimed to be Confidential 40 CFR 311 has no reporting [FR Doc. 2019–18735 Filed 8–29–19; 8:45 am] Business Information (CBI) or other requirements. There are record keeping BILLING CODE 6560–50–P information whose disclosure is requirements by inference in Section (e) restricted by statute. and by statute in Section (f)[8] of FOR FURTHER INFORMATION CONTACT: OSHA’s 29 CFR 1910.120. ENVIRONMENTAL PROTECTION Sella M. Burchette, U.S. Environmental Estimated total number of AGENCY Response Team, MS 101, Building 205, respondents: 1,115,213. [EPA–HQ–SFUND–2005–0007, FRL–9994– Edison, NJ 08837, telephone number: Frequency of response: Varies per 81–OMS] 732–321–6726; fax number: 732–321– activity. 6724; email address: burchette.sella@ Estimated total annual burden hours: Information Collection Request epa.gov. 591,732 hours. Submitted to OMB for Review and SUPPLEMENTARY INFORMATION: Estimated total annual costs: Approval; Comment Request; EPA Supporting documents, which explain $18,534,441, which is entirely labor Worker Protection Standards for in detail the information that the EPA costs. There are no capital investment or Hazardous Waste Operations and will be collecting, are available in the maintenance and operational costs. Emergency Response (Renewal) public docket for this ICR. The docket Changes in Estimates: For this ICR, AGENCY: Environmental Protection can be viewed online at the annual burden hour estimate is Agency (EPA). www.regulations.gov or in person at the 591,732 hours. This represents an ACTION: Notice. EPA Docket Center, WJC West, Room increase in 336,255 hours from the 3334, 1301 Constitution Ave. NW, previous ICR. There have been no SUMMARY: The Environmental Protection Washington, DC. The telephone number programmatic changes or modifications Agency (EPA) has submitted an for the Docket Center is 202–566–1744. to per-activity estimates; the burden information collection request (ICR), For additional information about EPA’s increase is a result of corrections being
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applied to the underlying calculations Management Final Programmatic EIS, ENVIRONMENTAL PROTECTION used in previous renewal packages. Review Period Ends: 09/30/2019, AGENCY Contact: Anita E. Masters 423–751– Courtney Kerwin, [EPA–HQ–OLEM–2018–0367; FRL–9995– 8697. Director, Regulatory Support Division. 02–OMS] EIS No. 20190205, Revised Draft, USFS, [FR Doc. 2019–18733 Filed 8–29–19; 8:45 am] AZ, Apache-Sitgreaves National Information Collection Request BILLING CODE 6560–50–P Forests Public Motorized Travel Submitted to OMB for Review and Management Plan, Comment Period Approval; Comment Request; Ends: 10/29/2019, Contact: Kevin ENVIRONMENTAL PROTECTION Underground Storage Tanks: Holmes 928–333–6267. AGENCY Technical and Financial Requirements, EIS No. 20190206, Draft, NOAA, FL, and State Program Approval [ER–FRL–9046–5] Draft Environmental Impact Procedures (Renewal) Statement for Florida Keys National Environmental Impact Statements; Marine Sanctuary: A Restoration AGENCY: Environmental Protection Notice of Availability Blueprint, Comment Period Ends: 01/ Agency (EPA). ACTION: Notice. Responsible Agency: Office of Federal 31/2020, Contact: Beth Dieveney (305) 797–6818. Activities, General Information 202– SUMMARY: The Environmental Protection 564–5632 or https://www.epa.gov/nepa/. EIS No. 20190207, Final, USACE, TX, Agency (EPA) has submitted an Weekly receipt of Environmental Impact Matagorda Ship Channel, Port Lavaca, information collection request (ICR), Statements Texas, Review Period Ends: 09/30/ Underground Storage Tanks: Technical Filed 08/19/2019 10 a.m. ET Through 2019, Contact: Harmon Brown 409– and Financial Requirements, and State 08/26/2019 10 a.m. ET 766–3837. Program Approval Procedures (EPA ICR Pursuant to 40 CFR 1506.9. EIS No. 20190208, Draft, BLM, AK, Number 1360.17 and OMB Control Notice: Section 309(a) of the Clean Air Willow Master Development Plan Number 2050–0068) to the Office of Act requires that EPA make public its Draft Environmental Impact Management and Budget (OMB) for comments on EISs issued by other Statement, Comment Period Ends: 10/ review and approval in accordance with Federal agencies. EPA’s comment letters 15/2019, Contact: Racheal Jones 907– the Paperwork Reduction Act. This is a on EISs are available at: https:// 290–0307. proposed extension of the ICR, which is cdxnodengn.epa.gov/cdx-enepa-public/ EIS No. 20190209, Draft, BLM, AK, currently approved through August 31, action/eis/search. Ambler Road Draft Environmental 2019. Public comments were previously Impact Statement, Comment Period EIS No. 20190192, Final, DOD, Other, requested via the Federal Register on Ends: 10/15/2019, Contact: Tina Continental United States (CONUS) July 26, 2018 during a 60-day comment McMaster-Goering 907–271–1310. Interceptor Site, Review Period Ends: period. This notice allows for an 09/30/2019, Contact: Dr. Buff Crosby EIS No. 20190210, Final, USFS, AK, additional 30 days for public comments. 256–955–4032. Chugach National Forest Land A fuller description of the ICR is given EIS No. 20190202, Final, FAA, AK, Management Plan, Review Period below, including its estimated burden Adoption—Modernization and Ends: 10/29/2019, Contact: Susan and cost to the public. An agency may Enhancement of Ranges, Airspace, Jennings 907–772–5864. not conduct or sponsor and a person is and Training Areas in the Joint Pacific EIS No. 20190211, Final, NMFS, Other, not required to respond to a collection Alaska Range Complex in Alaska, State Management Program for of information unless it displays a Contact: Paula Miller 202–267–7378. Recreational Red Snapper currently valid OMB control number. Amendment 50A to the Fishery The U.S. Department of DATES: Additional comments may be Management Plan for the Reef Fish Transportation’s Federal Aviation submitted on or before September 30, Resources of the Gulf of Mexico Administration (FAA) has adopted the 2019. Review Period Ends: 09/30/2019 portions specific to Battle Area Complex ADDRESSES: Contact: Lauren M. Waters 727–824– Submit your comments, Restricted Area R–2201 and the Expand 5305. referencing Docket ID Number EPA– Restricted Area R–2205, including the HQ–OLEM–2018–0368 to (1) EPA Digital Multi-Purpose Training Range, of Amended Notice online using www.regulations.gov (our the Departments of Army and the Air EIS No. 20190161, Draft, BR, CA, preferred method) or by mail to: EPA Force’s Final EIS No. 20130181, filed Auburn State Recreation Area Docket Center, Environmental 06/28/2013 with the EPA. FAA was a Preliminary General Plan and Auburn Protection Agency, Mail Code 28221T, cooperating agency on this project. Project Lands Draft Resource 1200 Pennsylvania Ave. NW, Therefore, recirculation of the document Management Plan Draft Washington, DC 20460, and (2) OMB via is not necessary under Section 1506.3(c) _ Environmental Impact Report/ email to oira [email protected]. of the CEQ regulations. Environmental Impact Statement, Address comments to OMB Desk Officer EIS No. 20190203, Final, FHWA, NY, Comment Period Ends: 09/17/2019, for EPA. Van Wyck Expressway Capacity and Contact: Bonnie Van Pelt 916–537– EPA’s policy is that all comments Access Improvements to JFK Airport 7062. Revision to FR Notice Published received will be included in the public Project, Contact: Glorimar Reyes, 07/19/2019; Extending the Comment docket without change including any Project Manager NYSDOT 718–482– Period from 09/03/2019 to 09/17/ personal information provided, unless 7223, Pursuant to 23 U.S.C. 139(n)(2), 2019. the comment includes profanity, threats, FHWA has issued a combined FEIS information claimed to be Confidential and ROD. Therefore, the 30-day wait/ Dated: August 26, 2019. Business Information (CBI) or other review period under NEPA does not Robert Tomiak, information whose disclosure is apply to this action. Director, Office of Federal Activities. restricted by statute. EIS No. 20190204, Final, TVA, TN, [FR Doc. 2019–18741 Filed 8–29–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: Transmission System Vegetation BILLING CODE 6560–50–P Elizabeth McDermott, Office of
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Underground Storage Tanks, Mail Code Frequency of response: Once, on • Federal eRulemaking Portal: http:// 5401R, Environmental Protection occasion, annual. www.regulations.gov. Follow the online Agency, 1200 Pennsylvania Ave. NW, Total estimated burden: 8,722,192 instructions for submitting comments. Washington, DC 20460; telephone hours (per year). Burden is defined at 5 Do not submit electronically any number: (202) 564–0646; email address: CFR 1320.03(b). information you consider to be [email protected]. Total estimated cost: $679,800,866 Confidential Business Information (CBI) SUPPLEMENTARY INFORMATION: (per year), includes $424,720,745 or other information whose disclosure is Supporting documents, which explain annualized capital or operation & restricted by statute. in detail the information that the EPA maintenance costs. • Changes in Estimates: There is an Mail: OPP Docket, Environmental will be collecting, are available in the increase of 3,309,061 hours in the total Protection Agency Docket Center (EPA/ public docket for this ICR. The docket estimated respondent burden compared DC), (28221T), 1200 Pennsylvania Ave. can be viewed online at with the ICR currently approved by NW, Washington, DC 20460–0001. www.regulations.gov or in person at the OMB. In renewing this ICR, EPA has • Hand Delivery: To make special EPA Docket Center, WJC West, Room updated its respondent universe and arrangements for hand delivery or 3334, 1301 Constitution Ave. NW, burden estimates based on updated data delivery of boxed information, please Washington, DC. The telephone number from the Office of Underground Storage follow the instructions at https:// for the Docket Center is 202–566–1744. Tanks (OUST) and the regulated www.epa.gov/dockets/where-send- For additional information about EPA’s community. Several new requirements comments-epa-dockets. public docket, visit http://www.epa.gov/ not previously included became dockets. Additional instructions on effective as of October 2018, which has Abstract: Subtitle I of the Resource commenting or visiting the docket, resulted in a burden increase for this Conservation and Recovery Act (RCRA), along with more information about ICR renewal (e.g., annual release as amended, requires that EPA develop dockets generally, is available at https:// detection operability testing and standards for Underground Storage www.epa.gov/dockets/about-epa- recordkeeping, periodic testing and Tank (UST) systems, as may be dockets. inspection of spill, overfill equipment necessary, to protect human health and and containment sumps, operator FOR FURTHER INFORMATION CONTACT: the environment, and procedures for training, walk through inspections, Anita Pease, Antimicrobials Division approving state programs in lieu of the notification of ownership changes, and (AD) (7510P), main telephone number: federal program. EPA promulgated maintaining records for compatibility). (703) 305–7090; email address: technical and financial requirements for In addition, EPA expects most states to [email protected]; or Michael owners and operators of USTs at 40 CFR submit state program re-approval Goodis, Registration Division (RD) part 280, and state program approval applications during the three-year (7505P), main telephone number: (703) procedures at 40 CFR part 281. This ICR period of this ICR. 305–7090, email address: is a comprehensive presentation of all [email protected]. The mailing information collection requirements Courtney Kerwin, address for each contact person is: contained at 40 CFR parts 280 and 281. Director, Regulatory Support Division. Office of Pesticide Programs, The data collected for new and [FR Doc. 2019–18734 Filed 8–29–19; 8:45 am] Environmental Protection Agency, 1200 existing UST system operations and BILLING CODE 6560–50–P Pennsylvania Ave. NW, Washington, DC financial requirements are used by 20460–0001. As part of the mailing owners and operators and/or EPA or the address, include the contact person’s implementing agency to monitor results ENVIRONMENTAL PROTECTION name, division, and mail code. The of testing, inspections, and operation of AGENCY division to contact is listed at the end UST systems, as well as to demonstrate [EPA–HQ–OPP–2019–0045; FRL–9995–29] of each application summary. compliance with regulations. EPA believes strongly that if the minimum Pesticide Product Registration; SUPPLEMENTARY INFORMATION: requirements specified under the Receipt of Applications for New Uses I. General Information regulations are not met, neither the facilities nor EPA can ensure that UST AGENCY: Environmental Protection A. Does this action apply to me? systems are being managed in a manner Agency (EPA). protective of human health and the ACTION: Notice. You may be potentially affected by environment. this action if you are an agricultural SUMMARY: EPA uses state program applications EPA has received applications producer, food manufacturer, or to determine whether to approve a state to register new uses for pesticide pesticide manufacturer. The following program. Before granting approval, EPA products containing currently registered list of North American Industrial must determine that programs will be active ingredients. Pursuant to the Classification System (NAICS) codes is no less stringent than the federal Federal Insecticide, Fungicide, and not intended to be exhaustive, but rather program and contain adequate Rodenticide Act (FIFRA), EPA is hereby provides a guide to help readers enforcement mechanisms. providing notice of receipt and determine whether this document Form Numbers: None. opportunity to comment on these applies to them. Potentially affected Respondents/affected entities: applications. entities may include: Facilities that own and operate DATES: Comments must be received on • Crop production (NAICS code 111). or before September 30, 2019. underground storage tanks (USTs), • Animal production (NAICS code states that implement the UST ADDRESSES: Submit your comments, 112). programs, and tribes. identified by the docket identification • Respondent’s obligation to respond: (ID) number and the File Symbol or EPA Food manufacturing (NAICS code Mandatory (40 CFR part 280). Registration Number of interest as 311). Estimated number of respondents: shown in the body of this document, by • Pesticide manufacturing (NAICS 202,830. one of the following methods: code 32532).
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B. What should I consider as I prepare Applicant: Adama Makhteshim, Ltd, SUMMARY: The U.S. Environmental my comments for EPA? 3120 Highwoods Blvd., #100, Raleigh, Protection Agency (EPA) has submitted 1. Submitting CBI. Do not submit this NC 27604. Active Ingredient: Novaluron. an information collection request (ICR) information to EPA through Product Type: Insecticide. Proposed for Disinfectants/Disinfection regulations.gov or email. Clearly mark Use: Crop group conversions for Byproducts, Chemical, and the part or all of the information that Brassica, leafy greens (crop subgroup 4– Radionuclides Rules (EPA ICR No. 1896.11, OMB Control No. 2040–0204) you claim to be CBI. For CBI 16B), vegetable, brassica, head and stem to the Office of Management and Budget information in a disk or CD–ROM that (crop group 5–16), and kohlrabi. (OMB) for review and approval in you mail to EPA, mark the outside of the Contact: RD. accordance with the Paperwork disk or CD–ROM as CBI and then 4. EPA File Symbols 11678–57; Reduction Act. This is a proposed identify electronically within the disk or 66222–35. (EPA–HQ–OPP–2019–0249). extension of the ICR, which is currently CD–ROM the specific information that Applicant: Adama Makhteshim, Ltd, approved through August 31, 2019. is claimed as CBI. In addition to one 3120 Highwoods Blvd., #100, Raleigh, Public comments were previously complete version of the comment that NC 27604. Active ingredient: Novaluron. requested via the Federal Register on includes information claimed as CBI, a Product type: Insecticide. Proposed use: September 11, 2018, during a 60-day copy of the comment that does not Amend an established tolerance for greenhouse pepper. Contact: RD. comment period. This notice allows for contain the information claimed as CBI an additional 30 days for public must be submitted for inclusion in the 5. EPA registration number: 59825–1. Docket ID number: EPA–HQ–OPP– comments. A fuller description of the public docket. Information so marked ICR is given below, including its will not be disclosed except in 2019–0317. Applicant: Warwick International Group Inc., 1330 estimated burden and cost to the public. accordance with procedures set forth in An agency may not conduct or sponsor 40 CFR part 2. Connecticut Ave. NW, Washington, DC 20036. Active ingredient: Tetra-acetyl and a person is not required to respond 2. Tips for preparing your comments. to a collection of information unless it When preparing and submitting your ethylene diamine. Proposed use: Waste Water treatment, Molluscicide and in displays a currently valid OMB control comments, see the commenting tips at number. https://www.epa.gov/dockets/ Hydraulic Fracturing. Contact: AD. DATES: Additional comments may be commenting-epa-dockets. 6. EPA registration numbers: 62719– 611; 62719–499. Docket ID number: submitted on or before September 30, II. Registration Applications EPA–HQ–OPP–2019–0061. Applicant: 2019. EPA has received applications to Dow AgroSciences LLC, 9330 Zionsville ADDRESSES: Submit your comments, register new uses for pesticide products Road, Indianapolis, IN 46268. Active referencing Docket ID Number EPA– containing currently registered active ingredient: Penoxsulam. Product type: HQ–OW–2011–0442, to (1) EPA online ingredients. Pursuant to the provisions Herbicide. Proposed use: Artichoke, using www.regulations.gov (our of FIFRA section 3(c)(4) (7 U.S.C. globe. Contact: RD preferred method), by email to OW- 136a(c)(4)), EPA is hereby providing 7. EPA registration number: 74054–1; [email protected], or by mail to: EPA notice of receipt and opportunity to 66222–47. Docket ID number: EPA–HQ– Docket Center, Environmental comment on these applications. Notice OPP–2019–0281. Applicant: Protection Agency, Mail Code 28221T, of receipt of these applications does not Makhteshim Agan of North America, 1200 Pennsylvania Ave. NW, imply a decision by the Agency on these Inc., 3120 Highwoods Blvd. #100, Washington, DC 20460, and (2) OMB via _ applications. Raleigh, NC 27604. Active ingredient: email to oira [email protected]. Clofentezine. Product type: Insecticide. Address comments to OMB Desk Officer III. New Uses Proposed use: Hops. Contact: RD for EPA. 1. EPA registration number: 11581–5; Authority: 7 U.S.C. 136 et seq. The EPA’s policy is that all comments received will be included in the public 11581–6. Docket ID number: EPA–HQ– Dated: August 23, 2019. OPP–2019–0205. Applicant: Landis docket without change including any Delores Barber, International, Inc., P.O. Box 5126, personal information provided, unless Valdosta, GA 31603–51126. Active Director, Information Technology and the comment includes profanity, threats, Resources Management Division, Office of information claimed to be Confidential ingredient: Flutianil. Product type: Pesticide Programs. Fungicide. Proposed use: Berry, low Business Information (CBI) or other growing, subgroup 13–07G; cherry [FR Doc. 2019–18833 Filed 8–29–19; 8:45 am] information whose disclosure is subgroup 12–12A; fruit, small, vine BILLING CODE 6560–50–P restricted by statute. climbing, except fuzzy kiwifruit, FOR FURTHER INFORMATION CONTACT: Kevin Roland, Drinking Water subgroup 13–07F; hops; and vegetable, ENVIRONMENTAL PROTECTION Protection Division, Office of Ground cucurbit, group 9. Contact: RD. AGENCY 2. EPA registration numbers 11678– Water and Drinking Water, (4606M), 57; 66222–35. (EPA–HQ–OPP–2019– [EPA–HQ–OW–2011–0439; FRL–9994–16– Environmental Protection Agency, 1200 0249). Applicant: Adama Makhteshim, OMS] Pennsylvania Ave. NW, Washington, DC Ltd, 3120 Highwoods Blvd., #100, 20460; telephone number: 202–564– Raleigh, NC 27604. Active ingredient: Information Collection Request 4588: fax number: 202–564–3755; email Novaluron. Product type: Insecticide. Submitted to OMB for Review and address: [email protected]. Proposed use: Additional food use for Approval; Comment Request; SUPPLEMENTARY INFORMATION: tropical and subtropical, small fruit, Disinfectants/Disinfection Byproducts, Supporting documents, which explain inedible peel, (crop subgroup 24A), Chemical, and Radionuclides Rules in detail the information that the EPA sunflower (crop subgroup 20B), and (Renewal) will be collecting, are available in the cottonseed (crop subgroup 20C). AGENCY: Environmental Protection public docket for this ICR. The docket Contact: RD. Agency (EPA). can be viewed online at 3. EPA file symbol 11678–57; 66222– www.regulations.gov or in person at the ACTION: Notice. 35. (EPA–HQ–OPP–2019–0249). EPA Docket Center, WJC West, Room
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3334, 1301 Constitution Ave. NW, ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Washington, DC. The telephone number AGENCY Patrick Yellin, Monitoring, Assistance, for the Docket Center is 202–566–1744. and Media Programs Division, Office of For additional information about the [EPA–HQ–OECA–2012–0685; FRL–9999– Compliance, Mail Code 2227A, EPA’s public docket, visit http:// 18–OMS] Environmental Protection Agency, 1200 www.epa.gov/dockets. Pennsylvania Ave. NW, Washington, DC Information Collection Request 20460; telephone number: (202) 564– Abstract: The Disinfectants/ Submitted to OMB for Review and 2970; fax number: (202) 564–0050; Disinfection Byproducts, Chemical, and Approval; Comment Request; email address: [email protected]. Radionuclides Rules ICR examines Emission Guidelines for Existing public water system and primacy SUPPLEMENTARY INFORMATION: Commercial and Industrial Solid Waste Supporting documents, which explain agency burden and costs for Incineration Units (Renewal) recordkeeping and reporting in detail the information that the EPA will be collecting, are available in the requirements in support of the AGENCY: Environmental Protection public docket for this ICR. The docket disinfectants/disinfection byproducts, Agency (EPA). can be viewed online at chemical, and radionuclides regulations ACTION: Notice. www.regulations.gov, or in person at the promulgated under the Safe Drinking SUMMARY: The Environmental Protection EPA Docket Center, WJC West, Room Water Act. These recordkeeping and 3334, 1301 Constitution Ave. NW, reporting requirements are mandatory Agency (EPA) has submitted an information collection request (ICR), Washington, DC. The telephone number for compliance with 40 CFR parts 141 for the Docket Center is 202–566–1744. and 142. The following regulations are Emission Guidelines for Existing Commercial and Industrial Solid Waste For additional information about EPA’s included: The Stage 1 Disinfectants and public docket, visit: http:// Disinfection Byproducts Rule (Stage 1 Incineration Units (EPA ICR Number 1927.08, OMB Control Number 2060– www.epa.gov/dockets. DBPR), the Stage 2 Disinfectants and Abstract: The Emission Guidelines for Disinfection Byproducts Rule (Stage 2 0451), to the Office of Management and Budget (OMB) for review and approval Existing Commercial and Industrial DBPR), the Chemical Phase Rules Solid Waste Incineration Units (40 CFR (Phases II/IIB/V), the Radionuclides in accordance with the Paperwork Reduction Act. This is a proposed part 60, subpart DDDD) fulfill the Rule, the Disinfectant Residual extension of the ICR, which is currently requirements of sections 111 and 129 of Monitoring and Associated Activities approved through November 30, 2019. the Clean Air Act (CAA), and affect the under the Surface Water Treatment Rule Public comments were previously administrator of an air quality program (SWTR), the Arsenic Rule, and the Lead requested, via the Federal Register, on in a state or United States protectorate and Copper Rule (LCR), including the May 6, 2019 during a 60-day comment with one or more existing commercial Lead and Copper Rule Short Term period. This notice allows for an and industrial solid waste incineration Revisions. additional 30 days for public comments. (CISWI) units. These regulations apply Form Numbers: None. A fuller description of the ICR is given to sources commencing construction on below, including its estimated burden or before June 4, 2010 or to sources Respondents/affected entities: Entities commencing modification or potentially affected by this action are and cost to the public. An agency may neither conduct nor sponsor, and a reconstruction between June 1, 2001 public water systems and primacy and August 7, 2013. The guidelines do agencies. person is not required to respond to, a collection of information unless it not apply directly to CISWI unit owners Respondent’s obligation to respond: displays a currently valid OMB control and operators, since they are Mandatory for compliance with 40 CFR number. implemented through state parts 141 and 142. implementation plans (SIP). If a state DATES: Additional comments may be does not develop, adopt, and submit an Estimated number of respondents: submitted on or before September 30, 146,772 (total). approved state plan, or if a state’s plan 2019. is not approved, the EPA must Frequency of response: Varies by ADDRESSES: Submit your comments, promulgate a Federal implementation requirement (i.e., on occasion, monthly, referencing Docket ID Number EPA– plan to implement the emission quarterly, semi-annually, and annually). HQ–OECA–2012–0685, to: (1) EPA guidelines in a state without its own Total estimated burden: 5,161,356 online using www.regulations.gov (our SIP. This information is being collected hours (per year). Burden is defined at 5 preferred method), or by email to to assure compliance with 40 CFR part CFR 1320.03(b). [email protected], or by mail to: EPA 60, subpart DDDD. Docket Center, Environmental In general, all emission guidelines Total estimated cost: $455,885,000 Protection Agency, Mail Code 28221T, standards require initial notification (per year), which includes $252,952,000 1200 Pennsylvania Ave. NW, reports, performance tests, and periodic annualized capital or operation and Washington, DC 20460; and (2) OMB via reports by the owners/operators of the maintenance costs. email to [email protected]. affected facilities. They are also required Changes in the Estimates: There is a Address comments to OMB Desk Officer to maintain records of the occurrence decrease of 144,340 hours in the total for EPA. and duration of any startup, shutdown, estimated respondent burden compared EPA’s policy is that all comments or malfunction in the operation of an with the ICR currently approved by the received will be included in the public affected facility, or any period during OMB. This is due to a reduction in docket without change, including any which the monitoring system is public water system inventory. personal information provided, unless inoperative. These notifications, reports, the comment includes profanity, threats, and records are essential in determining Courtney Kerwin, information claimed to be Confidential compliance, and are required of all Director, Regulatory Support Division. Business Information (CBI), or other affected facilities subject to the emission [FR Doc. 2019–18732 Filed 8–29–19; 8:45 am] information whose disclosure is guidelines. BILLING CODE 6560–50–P restricted by statute. Form Numbers: None.
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Respondents/affected entities: These general public. The FCC will DATES: The agency must receive regulations apply to Commercial and accommodate as many participants as comments on or before October 29, Industrial Solid Waste Incineration possible; however, admittance will be 2019. (CISWI) units commencing construction limited to seating availability. The FCC either on or before June 4, 2010 or to will also provide audio and/or video ADDRESSES: Federal Communications sources commencing modification or coverage of the meeting over the Commission, 445 12th Street SW, reconstruction between June 1, 2001 internet from the FCC’s web page at Washington, DC 20554. and August 7, 2013. www.fcc.gov/live. Oral statements at the FOR FURTHER INFORMATION CONTACT: Respondent’s obligation to respond: meeting by parties or entities not Rolanda F. Smith, 202–418–2054. Mandatory (40 CFR part 60, subpart represented on the BDAC will be DDDD). permitted to the extent time permits, at SUPPLEMENTARY INFORMATION: The Estimated number of respondents: 74 the discretion of the BDAC Chair and following applicants filed AM or FM (total). the DFO. Members of the public may proposals to change the community of Frequency of response: Semiannually submit comments to the BDAC in the license: GOIS BROADCASTING and annually. FCC’s Electronic Comment Filing BOSTON LLC; WLLH(AM), Fac. ID No. Total estimated burden: 16,100 hours System, ECFS, at www.fcc.gov/ecfs. (per year). Burden is defined at 5 CFR 24971, Channel 1400 kHz, To Comments to the BDAC should be filed LAWRENCE, MA, From LOWELL, MA, 1320.3(b). in Docket 17–83. Total estimated cost: $3,000,000 (per File No. BP–20190620AAC; HOUR year), which includes $1,130,000 in Open captioning will be provided for GROUP BROADCASTING, INC., annualized capital/startup and/or this event. Other reasonable WLTG(AM), Fac. ID No. 27694, Channel operation & maintenance costs. accommodations for people with 1430 kHz, To UPPER GRAND LAGOON, Changes in the Estimates: There is a disabilities are available upon request. FL, From PANAMA CITY, FL, File No. decrease in the total estimated burden Requests for such accommodations BP–20190613AAF; HANCOCK as currently identified in the OMB should be submitted via email to COUNTY BROADCASTING, LLC, Inventory of Approved Burdens. The [email protected] or by calling the WCAZ(AM), Fac. ID No. 60017, Channel decrease in burden is due to a decrease Consumer & Governmental Affairs 1510 kHz, To CARTHAGE, IL, From in the number of existing respondents, Bureau at (202) 418–0530 (voice), (202) MACOMB, IL, File No. BP– as identified in an inventory conducted 418–0432 (TTY). Such requests should 20190705AAE; SOLID ROCK for the most recent amendments to the include a detailed description of the FOUNDATION, KBDW(FM), Fac. ID No. Emission Guidelines. accommodation needed. In addition, 176883, Channel 219A, To STINNETT, please include a way for the FCC to Courtney Kerwin, TX, From LEFORS, TX, File No. BPED– contact the requester if more Director, Regulatory Support Division. 20190617AAH; POINT FIVE LLC, information is needed to fill the request. KWIE(FM), Fac. ID No. 191522, Channel [FR Doc. 2019–18775 Filed 8–29–19; 8:45 am] Please allow at least five days’ advance BILLING CODE 6560–50–P notice; last minute requests will be 267A, To HINKLEY, CA, From accepted but may not be possible to BARSTOW, CA, File No. BPH– accommodate. 20190701AAZ; ROUTE 66 MEDIA, LLC, FEDERAL COMMUNICATIONS KHNZ(FM), Fac. ID No. 198807, COMMISSION Proposed Agenda: At this meeting, Channel 267A, To LEFORS, TX, From the BDAC will receive status reports and MEMPHIS, TX, File No. BPH– [GN Docket No. 17–83; DA 19–824] updates from its three working groups: 20190617AAJ; MEKADDESH GROUP Disaster Response and Recovery, CORPORATION, NEW(FM), Fac. ID No. Meeting of the Broadband Deployment Increasing Broadband Investment in Advisory Committee Low-Income Communities, and 198750, Channel 286C2, To RANKIN, TX, From SANDERSON, TX, File No. AGENCY: Federal Communications Broadband Infrastructure Deployment BMPH–20190725AAY; and Commission. Job Skills and Training Opportunities. ENTRAVISION HOLDINGS, LLC, ACTION: Notice. This agenda may be modified at the discretion of the BDAC Chair and the KVVA–FM, Fac. ID No. 1331, Channel SUMMARY: In this document, the FCC Designated Federal Officer (DFO). 296C3, To SUN LAKES, AZ, From announces and provides an agenda for APACHE JUNCTION, AZ, File No. Federal Communications Commission. the next meeting of the Broadband BPH–20190723AAO. The full text of Deployment Advisory Committee Pamela Arluk, these applications is available for (BDAC). Chief, Competition Policy Division, Wireline inspection and copying during normal Competition Bureau. DATES: September 19, 2019. The meeting business hours in the Commission’s [FR Doc. 2019–18737 Filed 8–29–19; 8:45 am] will come to order at 9:30 a.m. Reference Center, 445 12th Street SW, BILLING CODE 6712–01–P ADDRESSES: Federal Communications Washington, DC 20554 or electronically Commission, 445 12th Street SW, Room via the Media Bureau’s Consolidated Data Base System, http:// TW–C305, Washington, DC 20554. FEDERAL COMMUNICATIONS licensing.fcc.gov/prod/cdbs/pubacc/ FOR FURTHER INFORMATION CONTACT: COMMISSION Justin L. Faulb, Designated Federal prod/app_sear.htm. Authority (DFO) of the BDAC, at Radio Broadcasting Services; AM or Federal Communications Commission. [email protected] or 202–418–1589; FM Proposals To Change The Nazifa Sawez, or Zachary Ross, Deputy DFO of the Community of License Assistant Chief, Audio Division, Media BDAC, at [email protected] or 202– Bureau. 418–1033. The TTY number is: (202) AGENCY: Federal Communications 418–0484. Commission. [FR Doc. 2019–18793 Filed 8–29–19; 8:45 am] SUPPLEMENTARY INFORMATION: This BILLING CODE 6712–01–P ACTION: Notice. meeting is open to members of the
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FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve clinical laboratory quality and System, August 27, 2019. laboratory medicine practice and Formations of, Acquisitions by, and Yao-Chin Chao, specific questions related to possible Mergers of Bank Holding Companies Assistant Secretary of the Board. revision of the Clinical Laboratory [FR Doc. 2019–18818 Filed 8–29–19; 8:45 am] Improvement Amendment (CLIA) The companies listed in this notice BILLING CODE P standards. Examples include providing have applied to the Board for approval, guidance on studies designed to pursuant to the Bank Holding Company improve safety, effectiveness, efficiency, Act of 1956 (12 U.S.C. 1841 et seq.) DEPARTMENT OF HEALTH AND timeliness, equity, and patient- (BHC Act), Regulation Y (12 CFR part HUMAN SERVICES centeredness of laboratory services; 225), and all other applicable statutes revisions to the standards under which and regulations to become a bank Centers for Disease Control and clinical laboratories are regulated; the holding company and/or to acquire the Prevention impact of proposed revisions to the assets or the ownership of, control of, or standards on medical and laboratory the power to vote shares of a bank or Clinical Laboratory Improvement practice; and the modification of the bank holding company and all of the Advisory Committee (CLIAC) standards and provision of non- banks and nonbanking companies regulatory guidelines to accommodate owned by the bank holding company, AGENCY: Centers for Disease Control and technological advances, such as new including the companies listed below. Prevention (CDC), Department of Health test methods, the electronic and Human Services (HHS). The applications listed below, as well transmission of laboratory information, as other related filings required by the ACTION: Notice of meeting. and mechanisms to improve the integration of public health and clinical Board, are available for immediate SUMMARY: In accordance with the inspection at the Federal Reserve Bank laboratory practices. Federal Advisory Committee Act, the All people attending the CLIAC indicated. The applications will also be CDC announces the following meeting available for inspection at the offices of meeting in-person are required to for the Clinical Laboratory Improvement register for the meeting online at least the Board of Governors. Interested Advisory Committee (CLIAC). This persons may express their views in five business days in advance for U.S. meeting is open to the public, limited citizens and at least 15 business days in writing on the standards enumerated in only by the space available. The meeting the BHC Act (12 U.S.C. 1842(c)). If the advance for international registrants. room accommodates approximately 250 Register at: www.cdc.gov/cliac. Register proposal also involves the acquisition of people. The public is also welcome to a nonbanking company, the review also by scrolling down and clicking the view the meeting by webcast. Check the ‘‘Register for this Meeting’’ button and includes whether the acquisition of the CLIAC website on the day of the nonbanking company complies with the completing all forms according to the meeting for the webcast link instructions given. Please complete all standards in section 4 of the BHC Act www.cdc.gov/cliac. (12 U.S.C. 1843). Unless otherwise the required fields before submitting noted, nonbanking activities will be DATES: The meeting will be held on your registration and submit no later conducted throughout the United States. November 6, 2019, 8:30 a.m. to 5:30 than October 29, 2019 for U.S. p.m., EST and November 7, 2019, 8:30 registrants and October 15, 2019 for Unless otherwise noted, comments a.m. to 12:00 p.m., EST. international registrants. regarding each of these applications ADDRESSES: CDC, 1600 Clifton Road NE, It is the policy of CLIAC to accept must be received at the Reserve Bank written public comments and provide a indicated or the offices of the Board of Tom Harkin Global Communications Center, Building 19, Auditorium B, brief period for oral public comments on Governors not later than October 1, agenda items. Public comment periods 2019. Atlanta, Georgia 30329–4027 and via webcast at www.cdc.gov/cliac. for each agenda item are scheduled A. Federal Reserve Bank of Atlanta immediately prior to the Committee FOR FURTHER INFORMATION CONTACT: (Kathryn Haney, Assistant Vice discussion period for that item. At this Nancy Anderson, MMSc, MT(ASCP), President) 1000 Peachtree Street NE, meeting, CLIAC is specifically soliciting Senior Advisor for Clinical Laboratories, Atlanta, Georgia 30309. Comments can public comments to address the Division of Laboratory Systems, Center also be sent electronically to questions below. Information provided for Surveillance, Epidemiology and [email protected]: via public comments will not be Laboratory Services, Office of Public 1. IFB Bancorp, Inc., Miami, Florida; considered advice directly addressed to Health Scientific Services, Centers for HHS. Rather, it will be used by CLIAC to become a bank holding company by Disease Control and Prevention, 1600 acquiring 100 percent of the outstanding to inform their deliberations and Clifton Road NE, Mailstop V24–3, recommendations to HHS and to help shares of International Finance Bank, Atlanta, Georgia 30329–4027, telephone Miami, Florida. focus a CLIAC workgroup that will be (404) 498–2741; [email protected]. convened in response to an April 2019 B. Federal Reserve Bank of St. Louis SUPPLEMENTARY INFORMATION: CLIAC recommendation that such a (David L. Hubbard, Senior Manager) Purpose: This Committee is charged workgroup be charged with providing P.O. Box 442, St. Louis, Missouri with providing scientific and technical input to CLIAC in advising how CLIA 63166–2034. Comments can also be sent advice and guidance to the Secretary of might be updated. electronically to Health and Human Services (HHS); the 1. Are bioinformaticists needed in [email protected]: Assistant Secretary for Health; the clinical and public health laboratories? 1. King Harris Bancorp, Inc., Director, Centers for Disease Control If so, what are the current roles, Louisville, Kentucky; to become a bank and Prevention; the Commissioner, responsibilities, and competencies of holding company by acquiring 89.77 Food and Drug Administration (FDA); bioinformaticists in these settings? percent of the voting shares of and the Administrator, Centers for 2. What areas exist in CLIA where Community Financial of Kentucky, Inc., Medicare and Medicaid Services (CMS). specific requirements or guidance might and thereby indirectly acquiring Peoples The advice and guidance pertain to be needed to ensure the accuracy and Bank, both of Lebanon, Kentucky. general issues related to improvement in reliability of new and emerging
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laboratory technologies and Prevention and the Agency for Toxic https://www.regulations.gov, including nontraditional testing workflow models, Substances and Disease Registry. any personal information provided. For including next generation sequencing, access to the docket to read background Kalwant Smagh, biomarker testing, metagenomics, and documents or comments received, go to Director, Strategic Business Initiatives Unit, https://www.regulations.gov. Written others? Office of the Chief Operating Officer, Centers public comments submitted by 72 hours 3. What data are available that could for Disease Control and Prevention. prior to the ACIP meeting will be assist in answering how CLIA may need [FR Doc. 2019–18745 Filed 8–29–19; 8:45 am] provided to ACIP members before the to be revised or where guidance may be BILLING CODE 4163–18–P meeting. needed to ensure the accuracy and Meeting Location: Centers for Disease reliability of emerging technologies? DEPARTMENT OF HEALTH AND Control and Prevention, 1600 Clifton In general, each individual or group HUMAN SERVICES Road NE, Tom Harkin Global requesting to make oral comments will Communications Center, Building 19, be limited to a total time of ten minutes Centers for Disease Control and Kent ‘Oz’ Nelson Auditorium, Atlanta, (unless otherwise indicated). To assure Prevention Georgia, 30329–4027. adequate time is scheduled for public FOR FURTHER INFORMATION CONTACT: [Docket No. CDC–2019–0073] comments, speakers should notify the Stephanie Thomas, ACIP Committee contact person below at least five Advisory Committee on Immunization Management Specialist, Centers for business days prior to the meeting date. Practices (ACIP); Notice of Meeting Disease Control and Prevention, For individuals or groups unable to and Request for Comment National Center for Immunization and attend the meeting or that wish to Respiratory Diseases, 1600 Clifton Road provide data in response to the AGENCY: Centers for Disease Control and NE Atlanta, GA 30329–4027; Telephone: questions above, CLIAC accepts written Prevention (CDC), Department of Health 404–639–8367; Email: [email protected]. comments until the date of the meeting and Human Services (HHS). SUPPLEMENTARY INFORMATION: (unless otherwise stated). However, it is ACTION: Notice of meeting. Purpose: The committee is charged requested that comments be submitted with advising the Director, CDC, on the at least five business days prior to the SUMMARY: In accordance with the use of immunizing agents. In addition, meeting date so that the comments may Federal Advisory Committee Act, the under 42 U.S.C. 1396s, the committee is Centers for Disease Control and be made available to the Committee for mandated to establish and periodically Prevention (CDC), announces the their consideration and public review and, as appropriate, revise the following meeting of the Advisory distribution. Written comments should list of vaccines for administration to Committee on Immunization Practices vaccine-eligible children through the be provided to the contact person at the (ACIP). This meeting is open to the mailing or email address below and will Vaccines for Children (VFC) program, public, limited only by room seating. along with schedules regarding dosing be included in the meeting’s Summary The meeting room accommodates 216 Report. interval, dosage, and contraindications for public seating. Room 245, adjacent to administration of vaccines. Further, The CLIAC meeting materials will be to the meeting room, will be available under provisions of the Affordable Care made available to the Committee and once the meeting room reaches capacity, Act, section 2713 of the Public Health the public in electronic format (PDF) on providing up to 18 additional seats. Service Act, immunization the internet instead of by printed copy. Time will be available for public recommendations of the ACIP that have Check the CLIAC website on the day of comment. The meeting will be webcast been approved by the Director of the the meeting for materials: www.cdc.gov/ live via the World Wide Web; for Centers for Disease Control and cliac. meeting registration and more Prevention and appear on CDC information on ACIP please visit the Matters To Be Considered: The agenda immunization schedules must be ACIP website: http://www.cdc.gov/ will include agency updates from CDC, covered by applicable health plans. vaccines/acip/index.html. CMS, and FDA. Presentations and Public Participation discussions will focus on an update DATES: The meeting will be held on from the Association of Public Health October 23, 2019 8:00 a.m. to 5:00 p.m., Interested persons or organizations Opioids Task Force; an update on the EDT, and October 24, 2019 8:00 a.m. to are invited to participate by submitting clinical laboratory workforce; return of 2:30 p.m. EDT. written views, recommendations, and Written comments must be received research results to research participants; data. Please note that comments on or before October 28, 2019. and improving integration of laboratory received, including attachments and information systems with electronic ADDRESSES: You may submit comments, other supporting materials, are part of health records. There will be an identified by Docket No. CDC–2019– the public record and are subject to extended public comment session 0073 by any of the following methods: public disclosure. Comments will be • posted on https://www.regulations.gov. focusing on emerging technologies and Federal eRulemaking Portal: Therefore, do not include any the clinical laboratory. Agenda items are https://www.regulations.gov. Follow the instructions for submitting comments. information in your comment or subject to change as priorities dictate. • Mail: Centers for Disease Control supporting materials that you consider The Director, Strategic Business and Prevention, 1600 Clifton Road NE, confidential or inappropriate for public Initiatives Unit, Office of the Chief MS A–27, Atlanta, GA 30329–4027, disclosure. If you include your name, Operating Officer, Centers for Disease Attn: October ACIP Meeting contact information, or other Control and Prevention, has been Instructions: All submissions received information that identifies you in the delegated the authority to sign Federal must include the Agency name and body of your comments, that Register notices pertaining to Docket Number. All relevant comments information will be on public display. announcements of meetings and other received in conformance with the CDC will review all submissions and committee management activities, for https://www.regulations.gov suitability may choose to redact, or withhold, both the Centers for Disease Control and policy will be posted without change to submissions containing private or
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proprietary information such as Social schedule, and adult immunization FOR FURTHER INFORMATION CONTACT: Security numbers, medical information, schedule. A Vaccines for Children Theodore Katz, MPA, Designated inappropriate language, or duplicate/ recommendation vote is scheduled for Federal Officer, NIOSH, CDC, 1600 near duplicate examples of a mass-mail pertussis vaccines. Agenda items are Clifton Road, Mailstop E–20, Atlanta, campaign. CDC will carefully consider subject to change as priorities dictate. Georgia 30329–4027, Telephone (513) all comments submitted in to the For more information on the meeting 533–6800, Toll Free 1(800) CDC–INFO, docket. agenda visit https://www.cdc.gov/ Email [email protected]. Oral Public Comment: This meeting vaccines/acip/meetings/meetings- SUPPLEMENTARY INFORMATION: will include time for members of the info.html. public to make an in-person oral The Director, Strategic Business Background: The Advisory Board was comment. Oral public comment will Initiatives Unit, Office of the Chief established under the Energy Employees occur before any scheduled votes Operating Officer, Centers for Disease Occupational Illness Compensation including all votes relevant to the Control and Prevention, has been Program Act of 2000 to advise the ACIP’s Affordable Care Act and delegated the authority to sign Federal President on a variety of policy and Vaccines for Children Program roles. Register notices pertaining to technical functions required to Priority will be given to individuals announcements of meetings and other implement and effectively manage the who submit a request to make an oral committee management activities, for new compensation program. Key public comment before the meeting both the Centers for Disease Control and functions of the Advisory Board include according to the procedures below. On- Prevention and the Agency for Toxic providing advice on the development of site, in-person registration for oral Substances and Disease Registry. probability of causation guidelines public comment at the meeting will which have been promulgated by the only be available if there is time Kalwant Smagh, Department of Health and Human remaining in the oral public comment Director, Strategic Business Initiatives Unit, Services (HHS) as a final rule, advice on session after all individuals who Office of the Chief Operating Officer, Centers methods of dose reconstruction which for Disease Control and Prevention. submitted a request to make an oral have also been promulgated by HHS as comment before the meeting have had [FR Doc. 2019–18744 Filed 8–29–19; 8:45 am] a final rule, advice on the scientific an opportunity to speak. There is no BILLING CODE 4163–18–P validity and quality of dose estimation guarantee there will be an opportunity and reconstruction efforts being for on-site, in-person registration for DEPARTMENT OF HEALTH AND performed for purposes of the oral public comment, and all HUMAN SERVICES compensation program, and advice on individuals interested in requesting to petitions to add classes of workers to the make an oral public comment are Centers for Disease Control and Special Exposure Cohort (SEC). In strongly encouraged to submit a request Prevention December 2000, the President delegated according to the instructions below. responsibility for funding, staffing, and Procedure for Oral Public Comment: Advisory Board on Radiation and operating the Advisory Board to HHS, All persons interested in making an oral Worker Health (ABRWH or the which subsequently delegated this public comment at the October ACIP Advisory Board), National Institute for authority to the CDC. NIOSH meeting must submit a request at http:// Occupational Safety and Health implements this responsibility for CDC. www.cdc.gov/vaccines/acip/meetings/ (NIOSH) The charter was issued on August 3, no later than 11:59 p.m., EDT, October 2001, renewed at appropriate intervals, AGENCY: Centers for Disease Control and 9, 2019 according to the instructions rechartered under Executive Order Prevention (CDC), Department of Health provided. 13811 on February 12, 2018, and will and Human Services (HHS). If the number of persons requesting to terminate on March 22, 2020. speak is greater than can be reasonably ACTION: Notice of meeting. accommodated during the scheduled Purpose: This Advisory Board is time, CDC will conduct a lottery to SUMMARY: In accordance with the charged with (a) providing advice to the determine the speakers for each Federal Advisory Committee Act, the Secretary, HHS, on the development of scheduled public comment session. CDC announces the following meeting guidelines under Executive Order CDC staff will notify individuals of the Advisory Board on Radiation and 13179; (b) providing advice to the regarding their request to speak by email Worker Health (ABRWH). This meeting Secretary, HHS, on the scientific by October 16, 2019. To accommodate is open to the public, but without a validity and quality of dose the significant interest in participation public comment period. The public is reconstruction efforts performed for this in the oral public comment session of welcome to submit written comments in program; and (c) upon request by the ACIP meetings, each speaker will be advance of the meeting, to the contact Secretary, HHS, advising the Secretary limited to 3 minutes, and each speaker person below. Written comments on whether there is a class of employees may only speak once per meeting. received in advance of the meeting will at any Department of Energy facility Written Public Comment: Written be included in the official record of the who were exposed to radiation but for comments must be received on or before meeting. The public is also welcome to whom it is not feasible to estimate their October 28, 2019. listen to the meeting by joining the radiation dose, and on whether there is Matters to be Considered: The agenda audio conference (information below). reasonable likelihood that such will include discussions on pertussis The audio conference line has 150 ports radiation doses may have endangered vaccines, child/adolescent for callers. the health of members of this class. immunization schedule, adult DATES: The meeting will be held on Matters To Be Considered: The agenda immunization schedule, influenza October 16, 2019, 11:00 a.m. to 1:00 will include discussions on: Recording vaccines, general best practices, dengue p.m., EDT. August 2019 Meeting Absentee Votes; vaccine, rabies vaccine, and herpes ADDRESSES: Audio Conference Call via Work Group and Subcommittee Reports; zoster vaccine. A recommendation vote FTS Conferencing. The USA toll-free Update on the Status of SEC Petitions; is scheduled for pertussis vaccines, dial-in number is 1–866–659–0537; the Plans for the December 2019 Advisory child/adolescent immunization pass code is 9933701. Board Meeting; and Advisory Board
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Correspondence. Agenda items are delegated the authority to sign Federal SUPPLEMENTARY INFORMATION: Under the subject to change as priorities dictate. Register notices pertaining to PRA (44 U.S.C. 3501–3520), Federal The Director, Strategic Business announcements of meetings and other agencies must obtain approval from the Initiatives Unit, Office of the Chief committee management activities, for Office of Management and Budget Operating Officer, Centers for Disease both the Centers for Disease Control and (OMB) for each collection of Control and Prevention, has been Prevention and the Agency for Toxic information they conduct or sponsor. delegated the authority to sign Federal Substances and Disease Registry. ‘‘Collection of information’’ includes Register notices pertaining to agency requests or requirements that Kalwant Smagh, announcements of meetings and other members of the public submit reports, committee management activities, for Director, Strategic Business Initiatives Unit, keep records, or provide information to both the Centers for Disease Control and Office of the Chief Operating Officer, Centers for Disease Control and Prevention. a third party. The PRA requires Federal Prevention and the Agency for Toxic agencies to provide a 60-day notice in Substances and Disease Registry. [FR Doc. 2019–18746 Filed 8–29–19; 8:45 am] the Federal Register concerning each BILLING CODE 4163–18–P proposed collection of information, Kalwant Smagh, including each proposed extension of an Director, Strategic Business Initiatives Unit, existing collection of information, Office of the Chief Operating Officer, Centers DEPARTMENT OF HEALTH AND for Disease Control and Prevention. HUMAN SERVICES before submitting the collection to OMB for approval. To comply with this [FR Doc. 2019–18743 Filed 8–29–19; 8:45 am] Administration for Community Living requirement, ACL is publishing a notice BILLING CODE 4163–18–P of the proposed collection of [OMB# 0985–0008] information set forth in this document. DEPARTMENT OF HEALTH AND Agency Information Collection With respect to the following HUMAN SERVICES Activities; Proposed Collection; collection of information, ACL invites Comment Request; State Program comments on our burden estimates or Centers for Disease Control and Report any other aspect of this collection of Prevention information, including: AGENCY: Administration for Community (1) Whether the proposed collection Notice of Closed Meeting Living, HHS. of information is necessary for the ACTION proper performance of ACL’s functions, Pursuant to section 10(d) of the : Notice. including whether the information will Federal Advisory Committee Act, as SUMMARY: The Administration for have practical utility; amended, notice is hereby given of the Community Living (ACL) is announcing following meeting. (2) the accuracy of ACL’s estimate of an opportunity for the public to the burden of the proposed collection of The meeting will be closed to the comment on the proposed collection of public in accordance with the information, including the validity of information listed above. Under the the methodology and assumptions used provisions set forth in sections Paperwork Reduction Act of 1995 (the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., to determine burden estimates; PRA), Federal agencies are required to (3) ways to enhance the quality, as amended, and the Determination of publish a notice in the Federal Register the Chief Operating Officer, CDC, utility, and clarity of the information to concerning each proposed collection of be collected; and pursuant to Public Law 92–463. The information, including each proposed grant applications and the discussions (4) ways to minimize the burden of extension of an existing collection of the collection of information on could disclose confidential trade secrets information, and to allow 60 days for or commercial property such as respondents, including through the use public comment in response to the of automated collection techniques patentable material, and personal notice. information concerning individuals when appropriate, and other forms of This notice solicits comments on the information technology. associated with the grant applications, Proposed Revision for the information the disclosure of which would ACL is requesting approval from OMB collection requirements related to State to continue collecting data after constitute a clearly unwarranted Program Report. invasion of personal privacy. expiration on 12/31/2019. This is a DATES: Comments on the collection of Name of Committee: Disease, revision request to the 2016 approved information must be submitted Disability, and Injury Prevention and version of the Reporting Requirements electronically by 11:59 p.m. (EST) or Control Special Emphasis Panel (SEP)— for Title III and VII State Program Report postmarked by October 29, 2019. PAR 15–352, Occupational Safety and Definitions. The currently approved Health Training Project Grants (TPG). ADDRESSES: Submit electronic version of the State Program Report Date: December 3–5, 2019. comments on the collection of (SPR) includes language intended for Time: 8:00 a.m.–5:00 p.m., EST. information to: Susan.Jenkins@ usage in FY 2023. Since these data Place: Virtual Meeting. acl.hhs.gov. Submit written comments elements are not required for usage until Agenda: To review and evaluate grant on the collection of information to: U.S. FY 2023, under the Paperwork applications. Department of Health and Human Reduction Act ACL is required to For Further Information Contact: Services: Administration for update the information collection (IC) to Michael Goldcamp, Ph.D., Scientific Community Living, Washington, DC contain only the language and Review Officer, Office of Extramural 20201, Attention: Susan Jenkins. requirements for collection years 2020– Programs, CDC, 1095 Willowdale Road, FOR FURTHER INFORMATION CONTACT: 2023. Removing the proposed FY 2023 Morgantown, West Virginia, 26505, Susan Jenkins, Director, Office of language from the currently approved (304) 285–5951; [email protected]. Performance and Evaluation SPR causes a revision to OMB 0985– The Director, Strategic Business Administration for Community, 0008. ACL intends to seek OMB Initiatives Unit, Office of the Chief Washington, DC 20201, Phone: (202) approval under a new OMB control Operating Officer, Centers for Disease 795–7369, Email: Susan.Jenkins@ number for the FY 2023–2026 data Control and Prevention, has been acl.hhs.gov. elements allowing usage of 0985–0008
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until the new IC is approved and ready the state grantees to meet their annual AoA also uses the data to respond to for usage. grantee reporting requirements and inquiries from stakeholders, the public, The Older Americans Act (OAA) includes the data required by the OAA press, program and policy decision requires annual program performance be reported in the AoA Annual Report makers. Information from the most reports from States, the District of to Congress. This IC is summary data of recent SPR is available on-line on the Columbia, and Territories. In services for seniors provided or Aging Integrated Database (AGID). compliance with this OAA provision, managed by State Units on Aging (SUA) Results are available annually. ACL developed a SPR in 1996 as part of and Area Agencies on Aging (AAA). The proposed FY 2020 version posts its National Aging Program Information Data is submitted annually by the 50 on the ACL website link entitled System (NAPIS). The SPR collects states, four Territories (American Proposed State Program Report (SPR) information about how State Agencies Samoa, Guam, Puerto Rico, and Virgin Form 2020 Revision available at https:// on Aging expend their OAA funds as Islands), and Washington, DC. The SPR acl.gov/programs/performance-older- well as funding from other sources for includes information on the number of americans-act-programs OAA authorized supportive services. people served, the number of units of The SPR also collects information on specific services, Title III expenditures, For review and comment on this the demographic and functional status total expenditures, number of state and proposed information collection of the recipients, and is a key source for local staff, number of providers, and request, please visit the ACL website ACL performance measurement. The major accomplishments. https://www.acl.gov/about-acl/public- information submitted by Title III Data from the SPR are the primary input. grantees is AoA’s principle source for source for performance measures in the Estimated Program Burden data and information on programs and Congressional budget justification, the services funded under the Older HHS Annual Performance Plan and ACL estimates the burden associated Americans Act (OAA). The SPR serves Report as well as the Annual Report to with this collection of information as as the Program Performance Report for Congress. follows: 2,750 annual burden hours.
Responses Respondent/data Number of per Hours per Annual collection activity respondents respondent response burden hours
SPR ...... 55 1 50 2,750
Total ...... 55 1 50 2,750
Dated: August 20, 2019. incorrect docket number. This DEPARTMENT OF HEALTH AND Mary Lazare, document corrects that error. HUMAN SERVICES Principal Deputy Administrator. FOR FURTHER INFORMATION CONTACT: Lisa Food and Drug Administration [FR Doc. 2019–18842 Filed 8–29–19; 8:45 am] Granger, Office of Policy, Food and Drug BILLING CODE 4154–01–P Administration, 10903 New Hampshire [Docket Nos. FDA–2018–E–0699 and FDA– Ave., Bldg. 32, Rm. 3330, Silver Spring, 2018–E–0705] MD 20993–0002, 301–796–9115. DEPARTMENT OF HEALTH AND Determination of Regulatory Review HUMAN SERVICES SUPPLEMENTARY INFORMATION: In the Period for Purposes of Patent Federal Register of Thursday, December Extension; NERLYNX Food and Drug Administration 7, 2017 (82 FR 57759), in FR Doc. 2017– AGENCY: Food and Drug Administration, [Docket No. FDA–2017–D–2991] 26357, the following correction is made: HHS. On page 57759, in the first column, in Pediatric Rare Diseases—A ACTION: Notice. Collaborative Approach for Drug the document heading and in the third Development Using Gaucher Disease column under Instructions, the docket SUMMARY: The Food and Drug as a Model; Draft Guidance for number ‘‘FDA–2017–N–6476’’ is Administration (FDA or the Agency) has Industry; Availability; Correction corrected to read ‘‘FDA–2017–D–2991’’. determined the regulatory review period Dated: August 26, 2019. for NERLYNX and is publishing this AGENCY: Food and Drug Administration, notice of that determination as required HHS. Lowell J. Schiller, by law. FDA has made the ACTION: Notice; correction. Principal Associate Commissioner for Policy. determination because of the [FR Doc. 2019–18730 Filed 8–29–19; 8:45 am] submission of applications to the SUMMARY: The Food and Drug Administration is correcting a notice BILLING CODE 4164–01–P Director of the U.S. Patent and entitled ‘‘Pediatric Rare Diseases—A Trademark Office (USPTO), Department Collaborative Approach for Drug of Commerce, for the extension of a Development Using Gaucher Disease as patent which claims that human drug a Model; Draft Guidance for Industry; product. Availability’’ that appeared in the DATES: Anyone with knowledge that any Federal Register of December 7, 2017. of the dates as published (see the The document announced the SUPPLEMENTARY INFORMATION section) are availability of a draft guidance focusing incorrect may submit either electronic on drug development for pediatric or written comments and ask for a patients with Gaucher disease. The redetermination by October 29, 2019. document was published with the Furthermore, any interested person may
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petition FDA for a determination identified, as confidential, if submitted 10903 New Hampshire Ave., Bldg. 51, regarding whether the applicant for as detailed in ‘‘Instructions.’’ Rm. 6250, Silver Spring, MD 20993, extension acted with due diligence Instructions: All submissions received 301–796–3600. during the regulatory review period by must include the Docket Nos. FDA– SUPPLEMENTARY INFORMATION: February 26, 2020. See ‘‘Petitions’’ in 2018–E–0699 and FDA–2018–E–0705 the SUPPLEMENTARY INFORMATION section for ‘‘Determination of Regulatory I. Background for more information. Review Period for Purposes of Patent The Drug Price Competition and ADDRESSES: You may submit comments Extension; NERLYNX.’’ Received Patent Term Restoration Act of 1984 as follows. Please note that late, comments, those filed in a timely (Pub. L. 98–417) and the Generic untimely filed comments will not be manner (see ADDRESSES), will be placed Animal Drug and Patent Term considered. Electronic comments must in the docket and, except for those Restoration Act (Pub. L. 100–670) be submitted on or before October 29, submitted as ‘‘Confidential generally provide that a patent may be 2019. The https://www.regulations.gov Submissions,’’ publicly viewable at extended for a period of up to 5 years electronic filing system will accept https://www.regulations.gov or at the so long as the patented item (human comments until 11:59 p.m. Eastern Time Dockets Management Staff between 9 drug product, animal drug product, at the end of October 29, 2019. a.m. and 4 p.m., Monday through medical device, food additive, or color Comments received by mail/hand Friday. additive) was subject to regulatory • delivery/courier (for written/paper Confidential Submissions—To review by FDA before the item was submissions) will be considered timely submit a comment with confidential marketed. Under these acts, a product’s if they are postmarked or the delivery information that you do not wish to be regulatory review period forms the basis service acceptance receipt is on or made publicly available, submit your for determining the amount of extension before that date. comments only as a written/paper an applicant may receive. submission. You should submit two A regulatory review period consists of Electronic Submissions copies total. One copy will include the two periods of time: A testing phase and Submit electronic comments in the information you claim to be confidential an approval phase. For human drug following way: with a heading or cover note that states products, the testing phase begins when • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS the exemption to permit the clinical https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The investigations of the drug becomes instructions for submitting comments. Agency will review this copy, including effective and runs until the approval Comments submitted electronically, the claimed confidential information, in phase begins. The approval phase starts including attachments, to https:// its consideration of comments. The with the initial submission of an www.regulations.gov will be posted to second copy, which will have the application to market the human drug the docket unchanged. Because your claimed confidential information product and continues until FDA grants comment will be made public, you are redacted/blacked out, will be available permission to market the drug product. solely responsible for ensuring that your for public viewing and posted on Although only a portion of a regulatory comment does not include any https://www.regulations.gov. Submit review period may count toward the confidential information that you or a both copies to the Dockets Management actual amount of extension that the third party may not wish to be posted, Staff. If you do not wish your name and Director of USPTO may award (for such as medical information, your or contact information to be made publicly example, half the testing phase must be anyone else’s Social Security number, or available, you can provide this subtracted as well as any time that may confidential business information, such information on the cover sheet and not have occurred before the patent was as a manufacturing process. Please note in the body of your comments and you issued), FDA’s determination of the that if you include your name, contact must identify this information as length of a regulatory review period for information, or other information that ‘‘confidential.’’ Any information marked a human drug product will include all identifies you in the body of your as ‘‘confidential’’ will not be disclosed of the testing phase and approval phase comments, that information will be except in accordance with § 10.20 (21 as specified in 35 U.S.C. 156(g)(1)(B). posted on https://www.regulations.gov. CFR 10.20) and other applicable FDA has approved for marketing the • If you want to submit a comment disclosure law. For more information human drug product NERLYNX with confidential information that you about FDA’s posting of comments to (neratinib), which is indicated for do not wish to be made available to the public dockets, see 80 FR 56469, extended adjuvant treatment of adult public, submit the comment as a September 18, 2015, or access the patients with early stage HER2- written/paper submission and in the information at: https://www.gpo.gov/ overexpressed/amplified breast cancer, manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- to follow adjuvant trastuzumab-based Submissions’’ and ‘‘Instructions’’). 23389.pdf. therapy. Subsequent to this approval, Docket: For access to the docket to the USPTO received patent term Written/Paper Submissions read background documents or the restoration applications for NERLYNX Submit written/paper submissions as electronic and written/paper comments (U.S. Patent Nos. 7,399,865 and follows: received, go to https:// 9,211,291) from Puma Biotechnology, • Mail/Hand delivery/Courier (for www.regulations.gov and insert the Inc., and the USPTO requested FDA’s written/paper submissions): Dockets docket number, found in brackets in the assistance in determining the patents’ Management Staff (HFA–305), Food and heading of this document, into the eligibility for patent term restoration. In Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts a letter dated April 5, 2018, FDA Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management advised the USPTO that this human • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, drug product had undergone a submitted to the Dockets Management Rockville, MD 20852. regulatory review period and that the Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: approval of NERLYNX represented the well as any attachments, except for Beverly Friedman, Office of Regulatory first permitted commercial marketing or information submitted, marked and Policy, Food and Drug Administration, use of the product. Thereafter, the
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USPTO requested that FDA determine Submit petitions electronically to DATES: The announcement of the the product’s regulatory review period. https://www.regulations.gov at Docket guidance is published in the Federal No. FDA–2013–S–0610. Submit written Register on August 30, 2019. II. Determination of Regulatory Review petitions (two copies are required) to the Period ADDRESSES: You may submit either Dockets Management Staff (HFA–305), electronic or written comments on FDA has determined that the Food and Drug Administration, 5630 Agency guidances at any time as applicable regulatory review period for Fishers Lane, Rm. 1061, Rockville, MD follows: NERLYNX is 5,102 days. Of this time, 20852. Electronic Submissions 4,738 days occurred during the testing Dated: August 26, 2019. phase of the regulatory review period, Submit electronic comments in the Lowell J. Schiller, while 364 days occurred during the following way: approval phase. These periods of time Principal Associate Commissioner for Policy. • Federal eRulemaking Portal: were derived from the following dates: [FR Doc. 2019–18816 Filed 8–29–19; 8:45 am] https://www.regulations.gov. Follow the 1. The date an exemption under BILLING CODE 4164–01–P instructions for submitting comments. section 505(i) of the Federal Food, Drug, Comments submitted electronically, and Cosmetic Act (FD&C Act) (21 U.S.C. including attachments, to https:// DEPARTMENT OF HEALTH AND 355(i)) became effective: July 31, 2003. www.regulations.gov will be posted to HUMAN SERVICES FDA has verified the applicant’s claim the docket unchanged. Because your comment will be made public, you are that the date the investigational new Food and Drug Administration drug application became effective was solely responsible for ensuring that your July 31, 2003. [Docket No. FDA–2018–D–3130] comment does not include any 2. The date the application was confidential information that you or a Consideration of Uncertainty in Making initially submitted with respect to the third party may not wish to be posted, Benefit-Risk Determinations in Medical human drug product under section such as medical information, your or Device Premarket Approvals, De Novo 505(b) of the FD&C Act: July 19, 2016. anyone else’s Social Security number, or Classifications, and Humanitarian FDA has verified the applicant’s claim confidential business information, such Device Exemptions; Guidance for that the new drug application (NDA) for as a manufacturing process. Please note Industry and Food and Drug NERLYNX (NDA 208051) was initially that if you include your name, contact Administration Staff; Availability submitted on July 19, 2016. information, or other information that identifies you in the body of your 3. The date the application was AGENCY: Food and Drug Administration, comments, that information will be approved: July 17, 2017. FDA has HHS. posted on https://www.regulations.gov. verified the applicant’s claim that NDA ACTION: Notice of availability. • If you want to submit a comment 208051 was approved on July 17, 2017. with confidential information that you SUMMARY: This determination of the regulatory The Food and Drug do not wish to be made available to the review period establishes the maximum Administration (FDA or Agency) is public, submit the comment as a potential length of a patent extension. announcing the availability of a final written/paper submission and in the However, the USPTO applies several guidance entitled ‘‘Consideration of manner detailed (see ‘‘Written/Paper statutory limitations in its calculations Uncertainty in Making Benefit-Risk Submissions’’ and ‘‘Instructions’’). of the actual period for patent extension. Determinations in Medical Device In its applications for patent extension, Premarket Approvals, De Novo Written/Paper Submissions this applicant seeks 472 days or 1,826 Classifications, and Humanitarian Submit written/paper submissions as days of patent term extension. Device Exemptions.’’ This guidance follows: document describes FDA’s current • III. Petitions Mail/Hand delivery/Courier (for approach to considering uncertainty in written/paper submissions): Dockets Anyone with knowledge that any of making benefit-risk determinations to Management Staff (HFA–305), Food and the dates as published are incorrect may support certain FDA premarket Drug Administration, 5630 Fishers submit either electronic or written decisions for medical devices— Lane, Rm. 1061, Rockville, MD 20852. comments and, under 21 CFR 60.24, ask premarket approval applications • For written/paper comments for a redetermination (see DATES). (PMAs), De Novo requests, and submitted to the Dockets Management Furthermore, as specified in § 60.30 (21 humanitarian device exemption Staff, FDA will post your comment, as CFR 60.30), any interested person may applications. This guidance document well as any attachments, except for petition FDA for a determination elaborates on the consideration of information submitted, marked and regarding whether the applicant for uncertainty as part of our overarching identified, as confidential, if submitted extension acted with due diligence approach to a benefit-risk based as detailed in ‘‘Instructions.’’ during the regulatory review period. To framework that is intended to assure Instructions: All submissions received meet its burden, the petition must greater predictability, consistency, and must include the Docket No. FDA– comply with all the requirements of efficiency through the application of 2018–D–3130 for ‘‘Consideration of § 60.30, including but not limited to: least burdensome principles. This Uncertainty in Making Benefit-Risk must be timely (see DATES), must be guidance also provides examples of how Determinations in Medical Device filed in accordance with § 10.20, must the principles for considering Premarket Approvals, De Novo contain sufficient facts to merit an FDA uncertainty could be applied in the Classifications, and Humanitarian investigation, and must certify that a context of clinical evidence and Device Exemptions; Guidance for true and complete copy of the petition circumstances where greater uncertainty Industry and Food and Drug has been served upon the patent could be appropriate in premarket Administration Staff; Availability.’’ applicant. (See H. Rept. 857, part 1, 98th decisions, balanced by postmarket Received comments will be placed in Cong., 2d sess., pp. 41–42, 1984.) controls—PMAs for Breakthrough the docket and, except for those Petitions should be in the format Devices and PMAs for devices for small submitted as ‘‘Confidential specified in 21 CFR 10.30. patient populations. Submissions,’’ publicly viewable at
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https://www.regulations.gov or at the Radiological Health, Food and Drug FD&C Act, as added by the 21st Century Dockets Management Staff between 9 Administration, 10903 New Hampshire Cures Act (Cures Act) and amended by a.m. and 4 p.m., Monday through Ave., Bldg. 66, Rm. 5431, Silver Spring, the FDA Reauthorization Act of 2017 Friday. MD 20993–0002. Send one self- (FDARA), Congress codified and • Confidential Submissions—To addressed adhesive label to assist that expanded this program to include submit a comment with confidential office in processing your request. devices reviewed through a 510(k) information that you do not wish to be FOR FURTHER INFORMATION CONTACT: notification.2 made publicly available, submit your Sonja Fulmer, Office of Policy, Center This guidance provides further comments only as a written/paper for Devices and Radiological Health, information on how FDA considers submission. You should submit two Food and Drug Administration, 10903 uncertainty in benefit-risk copies total. One copy will include the New Hampshire Ave., Bldg. 66, Rm. determinations for PMAs, De Novo information you claim to be confidential 5451, Silver Spring, MD 20993–0002, requests, and Humanitarian Device with a heading or cover note that states 240–402–5979. Exemption applications. FDA ‘‘THIS DOCUMENT CONTAINS considered comments received on the SUPPLEMENTARY INFORMATION: CONFIDENTIAL INFORMATION.’’ The draft guidance that appeared in the Agency will review this copy, including I. Background Federal Register of September 6, 2018 the claimed confidential information, in The 1976 Medical Device (83 FR 45247). FDA revised the its consideration of comments. The Amendments (Pub. L. 94–295) to the guidance as appropriate in response to second copy, which will have the Federal Food, Drug, and Cosmetic Act the comments. claimed confidential information (FD&C Act) established a risk-based II. Significance of Guidance redacted/blacked out, will be available framework for the regulation of medical This guidance is being issued for public viewing and posted on devices. The law established a three- https://www.regulations.gov. Submit consistent with FDA’s good guidance tiered risk classification system based practices regulation (21 CFR 10.115). both copies to the Dockets Management on the risk posed to patients should the Staff. If you do not wish your name and The guidance represents the current device fail to perform as intended. thinking of FDA on Consideration of contact information to be made publicly Under this system, devices that pose available, you can provide this Uncertainty in Making Benefit-Risk greater risks to patients are subject to Determinations in Medical Device information on the cover sheet and not more regulatory controls and in the body of your comments and you Premarket Approvals, De Novo requirements. Generally, for any must identify this information as Classifications, and Humanitarian regulatory decision, there exists some ‘‘confidential.’’ Any information marked Device Exemptions. It does not establish uncertainty around benefits and risks. as ‘‘confidential’’ will not be disclosed any rights for any person and is not The Agency generally provides except in accordance with 21 CFR 10.20 binding on FDA or the public. You can marketing authorization for a device and other applicable disclosure law. For use an alternative approach if it satisfies when it meets the applicable standards, more information about FDA’s posting the requirements of the applicable including that its benefits outweigh its of comments to public dockets, see 80 statutes and regulations. This guidance risks. FR 56469, September 18, 2015, or access is not subject to Executive Order 12866. In 2015, following pilots conducted the information at: https://www.gpo.gov/ over 4 years, FDA established the III. Electronic Access fdsys/pkg/FR-2015-09-18/pdf/2015- Expedited Access Pathway (EAP) 23389.pdf. Persons interested in obtaining a copy Docket: For access to the docket to Program as a voluntary program for of the guidance may do so by read background documents or the certain medical devices that address an downloading an electronic copy from electronic and written/paper comments unmet need in the treatment or the internet. A search capability for all received, go to https:// diagnosis of life-threatening or Center for Devices and Radiological www.regulations.gov and insert the irreversibly debilitating diseases or Health guidance documents is available docket number, found in brackets in the conditions. Under this program, an at https://www.fda.gov/MedicalDevices/ heading of this document, into the eligible device subject to a PMA could DeviceRegulationandGuidance/ ‘‘Search’’ box and follow the prompts be approved with greater uncertainty GuidanceDocuments/default.htm. This and/or go to the Dockets Management about the product’s benefits and risks, guidance document is also available at Staff, 5630 Fishers Lane, Rm. 1061, provided that, among other https://www.regulations.gov or https:// Rockville, MD 20852. requirements, the data still support a www.fda.gov/BiologicsBloodVaccines/ You may submit comments on any reasonable assurance of safety and GuidanceCompliance guidance at any time (see 21 CFR effectiveness, including that the RegulatoryInformation/default.htm. 10.115(g)(5)). probable benefits of the device outweigh Persons unable to download an An electronic copy of the guidance its risks for a patient population with electronic copy of ‘‘Consideration of document is available for download unmet medical needs. For devices Uncertainty in Making Benefit-Risk from the internet. See the subject to PMA, the Agency has the Determinations in Medical Device SUPPLEMENTARY INFORMATION section for authority to impose, when warranted, Premarket Approvals, De Novo information on electronic access to the postmarket requirements, including Classifications, and Humanitarian guidance. Submit written requests for a post-approval studies and postmarket Device Exemptions’’ may send an email single hard copy of the guidance surveillance, as a condition of approval, request to [email protected] document entitled ‘‘Consideration of which could be used to address this to receive an electronic copy of the Uncertainty in Making Benefit-Risk greater uncertainty.1 In the document. Please use the document Determinations in Medical Device Breakthrough Device provisions of the number 17039 to identify the guidance Premarket Approvals, De Novo you are requesting. Classifications, and Humanitarian 1 See sections 513(a)(3)(C), 515(c)(5)(C), Device Exemptions’’ to the Office of 515(d)(1)(B)(ii), and 515B(e)(2)(C) of the FD&C Act 2 See section 515B of the FD&C Act, as created by (21 U.S.C. 360c(a)(3)(C), 360e(c)(5)(C), section 3051 of the Cures Act (Pub. L. 114–255) and Policy, Guidance and Policy 360e(d)(1)(B)(ii), and 360e–3(e)(2)(C)); 21 CFR amended by section 901 of FDARA (Pub. L. 115– Development, Center for Devices and 814.82. 52).
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IV. Paperwork Reduction Act of 1995 subject to review by the Office of of information in the following FDA This guidance refers to previously Management and Budget (OMB) under regulations and guidance have been approved collections of information. the Paperwork Reduction Act of 1995 approved by OMB as listed in the These collections of information are (44 U.S.C. 3501–3520). The collections following table:
OMB 21 CFR part; guidance; or FDA form Topic control No.
814, subparts A through E ...... Premarket approval ...... 0910–0231 814, subpart H ...... Humanitarian Device Exemption ...... 0910–0332 ‘‘De Novo Classification Process (Evaluation of Automatic De Novo classification process ...... 0910–0844 Class III Designation)’’. ‘‘Requests for Feedback on Medical Device Submissions: The Q-submissions ...... 0910–0756 Pre-Submission Program and Meetings with Food and Drug Administration Staff‘‘. 801 and 809 ...... Medical Device Labeling Regulations ...... 0910–0485 822 ...... Postmarket Surveillance of Medical Devices ...... 0910–0449
Dated: August 27, 2019. Manufacturing Practice Advisory first consideration for membership on Lowell J. Schiller, Committee (DGMPAC) and the Medical the DGMPAC and Panels of the MDAC. Principal Associate Commissioner for Policy. Devices Advisory Committee (MDAC) Nominations received after October 29, [FR Doc. 2019–18802 Filed 8–29–19; 8:45 am] device panels in the Center for Devices 2019 will be considered for nomination BILLING CODE 4164–01–P and Radiological Health. This annual to the committee as later vacancies notice is also in accordance with the occur. 21st Century Cures Act, which requires DEPARTMENT OF HEALTH AND the Secretary of Health and Human ADDRESSES: All nominations for HUMAN SERVICES Services (the Secretary) to provide an membership should be submitted annual opportunity for patients, electronically by logging into the FDA Food and Drug Administration representatives of patients, and sponsors Advisory Nomination Portal: https:// www.accessdata.fda.gov/scripts/ [Docket No. FDA–2019–N–3926] of medical devices that may be specifically the subject of a review by a FACTRSPortal/FACTRS/index.cfm or by Request for Nominations for Voting classification panel to provide mail to Advisory Committee Oversight Members on Public Advisory Panels or recommendations for individuals with and Management Staff, Food and Drug Committees; Device Good appropriate expertise to fill voting Administration, 10903 New Hampshire Manufacturing Practice Advisory member positions on classification Ave., Bldg. 32, Rm. 5103, Silver Spring, Committee and the Medical Devices panels. MD 20993–0002. Information about Advisory Committee FDA seeks to include the views of becoming a member on an FDA advisory women and men, members of all racial committee can also be obtained by AGENCY: Food and Drug Administration, and ethnic groups, and individuals with visiting FDA’s website at https:// HHS. and without disabilities on its advisory www.fda.gov/AdvisoryCommittees/ ACTION: Notice. committees, and therefore, encourages default.htm. SUMMARY: The Food and Drug nominations of appropriately qualified FOR FURTHER INFORMATION CONTACT: Administration (FDA) is requesting candidates from these groups. Regarding all nomination questions for nominations for voting members to DATES: Nominations received on or membership, contact the following serve on the Device Good before October 29, 2019 will be given persons listed in table 1:
TABLE 1—PRIMARY CONTACT AND COMMITTEE OR PANEL
Primary contact person Committee or panel
Joannie Adams-White, Office of the Center Director, Center for Devices Medical Devices Dispute Resolution Panel. and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5519, Silver Spring, MD 20993, 301– 796–5421, email: [email protected]. LCDR Sara Anderson, Office of Management, Center for Devices and Dental Products Panel, Hematology and Pathology Devices Panel, Radiological Health, Food and Drug Administration, 10903 New Orthopaedic and Rehabilitation Devices Panel, Radiological Devices Hampshire Ave., Bldg. 66, Rm. G616, Silver Spring, MD 20993, Panel. 301–796–7047, email: [email protected]. Aden S. Asefa, Office of Management, Center for Devices and Radio- Immunology Devices Panel, Microbiology Devices Panel, Neurological logical Health, Food and Drug Administration, 10903 New Hampshire Devices Panel, Ophthalmic Devices Panel, DGMPAC. Ave., Bldg. 66, Rm. G642, Silver Spring, MD 20993, 301–796–0400, email: [email protected]. LCDR Patricio G. Garcia, Office of Management, Center for Devices Clinical Chemistry and Clinical Toxicology Devices Panel, Gastro- and Radiological Health, Food and Drug Administration, 10903 New enterology and Urology Devices Panel, General and Plastic Surgery Hampshire Ave., Bldg. 66, Rm. G610, Silver Spring, MD 20993, Devices Panel, Obstetrics and Gynecology Devices Panel. 301–796–6875, email: [email protected].
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TABLE 1—PRIMARY CONTACT AND COMMITTEE OR PANEL—Continued
Primary contact person Committee or panel
Evella F. Washington, Office of Management, Center for Devices and Anesthesiology and Respiratory Therapy Devices Panel, Circulatory Radiological Health, Food and Drug Administration, 10903 New System Devices Panel, General Hospital and Personal Use Devices Hampshire Ave., Bldg. 66, Rm. G640, Silver Spring, MD 20993 301– Panel, Molecular and Clinical Genetics Panel. 796–6683, email: [email protected].
SUPPLEMENTARY INFORMATION: FDA is requesting nominations for voting members for vacancies listed in table 2:
TABLE 2—EXPERTISE NEEDED, VACANCIES, AND APPROXIMATE DATE NEEDED
Expertise needed Vacancies Approximate date needed
DGMPAC—Experts in medical device quality management system require- 4 Immediately. ments/current Good Manufacturing Practices, with experience in both 21 1 General Public Representative. CFR part 820 and International Organization for Standardization (ISO) 2 Health Professional Representatives. 13485, are needed to provide cross-cutting scientific or clinical expertise 1 Government Representative. concerning the particular issue in dispute. Vacancies include a representa- tive of the interests of the general public, government, and representatives of the interests of physicians and other health professionals. Anesthesiology and Respiratory Therapy Devices Panel of the MDAC—An- 1 12/1/2019. esthesiologists, pulmonary medicine specialists, or other experts who have specialized interests in ventilator support, sleep medicine, pharmacology, physiology, or the effects and complications of anesthesia. FDA is also seeking applicants with pediatric expertise in these areas. Circulatory System Devices Panel of the MDAC—Interventional cardiologists, 1 Immediately. electrophysiologists, invasive (vascular) radiologists, vascular and cardiothoracic surgeons, and cardiologists with special interest in conges- tive heart failure. Clinical Chemistry and Clinical Toxicology Panel of the MDAC—Doctors of 1 Immediately. Medicine or Philosophy with experience in clinical chemistry (e.g., cardiac 1 3/1/2020. markers), clinical toxicology, clinical pathology, clinical laboratory medi- cine, and endocrinology. Dental Products Panel of the MDAC—Dentists, engineers, and scientists 1 Immediately. who have expertise in the areas of dental implants, dental materials, oral 1 11/1/2019. and maxillofacial surgery, endodontics, periodontology, tissue engineering, snoring/sleep therapy, and dental anatomy. Gastroenterology and Urology Devices Panel of the MDAC—Gastro- 2 1/1/2020. enterologists, urologists, and nephrologists. General and Plastic Surgery Devices Panel of the MDAC—Surgeons (gen- 4 Immediately. eral, plastic, reconstructive, pediatric, thoracic, abdominal, pelvic, and endoscopic); dermatologists; experts in biomaterials, lasers, wound heal- ing, and quality of life; and biostatisticians. General Hospital and Personal Use Devices Panel of the MDAC—Internists, 1 1/1/2020. pediatricians, neonatologists, endocrinologists, gerontologists, nurses, bio- medical engineers, human factors experts, or microbiologists/infection con- trol practitioners or experts. Hematology and Pathology Devices Panel of the MDAC—Hematologists (be- 2 3/1/2020. nign and/or malignant hematology), hematopathologists (general and spe- cial hematology, coagulation and hemostasis, and hematological oncol- ogy), gynecologists with special interests in gynecological oncology, cytopathologists, and molecular pathologists with special interests in de- velopment of predictive and prognostic biomarkers, molecular oncology, cancer screening, cancer risk, digital pathology, whole slide imaging; de- vices utilizing artificial intelligence/machine learning. Immunology Devices Panel of the MDAC—Persons with experience in med- 3 Immediately. ical, surgical, or clinical oncology, internal medicine, clinical immunology, 2 3/1/2020. allergy, molecular diagnostics, or clinical laboratory medicine. Medical Devices Dispute Resolution Panel of the MDAC—experts with 1 10/1/2020. cross-cutting scientific, clinical, analytical or mediation skills. Microbiology Devices Panel of the MDAC—Infectious disease (ID) clinicians 2 3/1/2020. (e.g., pulmonary disease specialists, sexually transmitted disease special- ists, pediatric ID specialists, tropical diseases specialists) and clinical microbiologists experienced in emerging IDs; clinical microbiology labora- tory directors; molecular biologists with experience in in vitro diagnostic device testing; virologists; hepatologists; or clinical oncologists experi- enced with tumor resistance and susceptibility.
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TABLE 2—EXPERTISE NEEDED, VACANCIES, AND APPROXIMATE DATE NEEDED—Continued
Expertise needed Vacancies Approximate date needed
Molecular and Clinical Genetics Panel of the MDAC—Experts in human ge- 2 Immediately. netics, molecular diagnostics, and in the clinical management of patients 1 6/1/2020. with genetic disorders, e.g., pediatricians, obstetricians, neonatologists. In- dividuals with training in inborn errors of metabolism, biochemical and/or molecular genetics, population genetics, epidemiology and related statis- tical training, bioinformatics, computational genetics/genomics, variant classification, cancer genetics/genomics, molecular oncology, radiation bi- ology, and clinical molecular genetics testing, (e.g., sequencing, whole exome sequencing, whole genome sequencing, non-invasive prenatal test- ing, cancer screening, circulating cell free/circulating tumor nucleic acid testing, digital polymerase chain reaction, genotyping, array comparative genomic hybridization, etc.). Individuals with experience in genetics coun- seling and medical ethics are also desired, and individuals with experience in ancillary fields of study will be considered. Neurological Devices Panel of the MDAC—Neurosurgeons (cerebrovascular 1 Immediately. and pediatric), neurologists (stroke, pediatric, pain management, and 2 12/1/2019. movement disorders), interventional neuroradiologists, psychiatrists, and biostatisticians. Obstetrics and Gynecology Devices Panel of the MDAC—Experts in 2 Immediately. perinatology, embryology, reproductive endocrinology, pediatric gyne- 1 2/1/2020. cology, gynecological oncology, operative hysteroscopy, pelviscopy, electrosurgery, laser surgery, assisted reproductive technologies, contra- ception, postoperative adhesions, and cervical cancer and colposcopy; biostatisticians and engineers with experience in obstetrics/gynecology de- vices; urogynecologists; experts in breast care; experts in gynecology in the older patient; experts in diagnostic (optical) spectroscopy; experts in midwifery; labor and delivery nursing. Ophthalmic Devices Panel of the MDAC—Ophthalmologists specializing in 3 Immediately. cataract and refractive surgery and vitreo-retinal surgery, in addition to vi- sion scientists, optometrists, and biostatisticians practiced in ophthalmic clinical trials. Orthopaedic and Rehabilitation Devices Panel of the MDAC—Orthopaedic 2 Immediately. surgeons (joint, spine, trauma, reconstruction, sports medicine, hand, foot 2 9/1/2020. and ankle, and pediatric orthopaedic surgeons); rheumatologists; engi- neers (biomedical, biomaterials, and biomechanical); experts in rehabilita- tion medicine, and musculoskeletal engineering; radiologists specializing musculoskeletal imaging and analyses, and biostatisticians. Radiological Devices Panel of the MDAC—Physicians with experience in 1 2/1/2020. general radiology, mammography, ultrasound, magnetic resonance, com- puted tomography, other radiological subspecialties and radiation oncol- ogy; scientists with experience in diagnostic devices, radiation physics, statistical analysis, digital imaging, and image analysis.
I. General Description of the marketed and investigational devices necessity to ban a device, and (8) Committees’ Duties and makes recommendations for their responds to requests from the Agency to regulation. The panels engage in many review and make recommendations on A. DGMPAC activities to fulfill the functions the specific issues or problems concerning The DGMPAC reviews regulations Federal Food, Drug, and Cosmetic Act the safety and effectiveness of devices. proposed for promulgation regarding (FD&C Act) envisions for device With the exception of the Medical good manufacturing practices governing advisory panels. With the exception of Devices Dispute Resolution Panel, each the methods used in, and the facilities the Medical Devices Dispute Resolution panel, according to its specialty area, and controls used for, the manufacture, Panel, each panel, according to its may also make appropriate packing, storage and installation of specialty area, performs the following recommendations to the Commissioner devices, and makes recommendations to duties: (1) Advises the Commissioner on issues relating to the design of the Commissioner of Food and Drugs regarding recommended classification clinical studies regarding the safety and (the Commissioner) regarding the or reclassification of devices into one of effectiveness of marketed and feasibility and reasonableness of those three regulatory categories, (2) advises investigational devices. proposed regulations. The DGMPAC on any possible risks to health The Dental Products Panel also also advises the Commissioner on any associated with the use of devices, (3) functions at times as a dental drug petition submitted by a manufacturer for advises on formulation of product panel. The functions of the dental drug an exemption or variance from good development protocols, (4) reviews panel are to evaluate and recommend manufacturing practice regulations that premarket approval applications for whether various prescription drug is referred to the committee. medical devices, (5) reviews guidelines products should be changed to over-the- B. MDAC and guidance documents, (6) counter status and to evaluate data and recommends exemption of certain make recommendations concerning the The MDAC reviews and evaluates devices from the application of portions approval of new dental drug products data on the safety and effectiveness of of the FD&C Act, (7) advises on the for human use.
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The Medical Devices Dispute of consumer interests and of industry DEPARTMENT OF HEALTH AND Resolution Panel provides advice to the interests. FDA is publishing separate HUMAN SERVICES Commissioner on complex or contested documents announcing the Request for scientific issues between FDA and Nominations Notification for Non- Food and Drug Administration medical device sponsors, applicants, or Voting Representatives on certain [Docket No. FDA–2018–E–0189] manufacturers relating to specific panels of the MDAC. Persons nominated products, marketing applications, for membership on the panels should Determination of Regulatory Review regulatory decisions and actions by have adequately diversified experience Period for Purposes of Patent FDA, and Agency guidance and appropriate to the work of the panel in Extension; MACI policies. The panel makes such fields as clinical and recommendations on issues that are AGENCY: Food and Drug Administration, administrative medicine, engineering, HHS. lacking resolution, are highly complex biological and physical sciences, in nature, or result from challenges to ACTION: Notice. statistics, and other related professions. regular advisory panel proceedings or The nature of specialized training and SUMMARY: The Food and Drug Agency decisions or actions. experience necessary to qualify the Administration (FDA or the Agency) has II. Criteria for Voting Members nominee as an expert suitable for determined the regulatory review period for MACI and is publishing this notice A. DGMPAC appointment may include experience in medical practice, teaching, and/or of that determination as required by The DGMPAC consists of a core of research relevant to the field of activity law. FDA has made the determination because of the submission of an nine members including the Chair. of the panel. The current needs for each Members and the Chair are selected by application to the Director of the U.S. panel are listed in table 2. Members will the Secretary. Persons nominated for Patent and Trademark Office (USPTO), be invited to serve for terms of up to 4 membership as a health professional or Department of Commerce, for the years. officer or employee of any Federal, extension of a patent which claims that State, or local government should have III. Nomination Procedures human biological product. knowledge of or expertise in any one or DATES: Anyone with knowledge that any more of the following areas: Quality Any interested person may nominate of the dates as published (see the assurance concerning the design, one or more qualified individuals for SUPPLEMENTARY INFORMATION section) are manufacture, and use of medical membership on one or more of the incorrect may submit either electronic devices in accordance with 21 CFR part advisory panels or advisory committees. or written comments and ask for a 820 and/or ISO 13485. To be eligible for Self-nominations are also accepted. redetermination by October 29, 2019. selection as a representative of the Nominations must include a current, Furthermore, any interested person may general public, nominees should complete re´sume´ or curriculum vitae for petition FDA for a determination possess appropriate qualifications to each nominee, including current regarding whether the applicant for understand and contribute to the business address, telephone number, extension acted with due diligence DGMPAC’s work. Three of the members and email address if available, and a during the regulatory review period by shall be officers or employees of any signed copy of the Acknowledgement February 26, 2020. See ‘‘Petitions’’ in State or local government or of the and Consent form available at the FDA the SUPPLEMENTARY INFORMATION section Federal Government; two shall be Advisory Nomination Portal (see for more information. representative of the interests of the ADDRESSES). Nominations must also ADDRESSES: You may submit comments device manufacturing industry; two specify the advisory committee(s) for as follows. Please note that late, shall be representatives of the interests which the nominee is recommended. untimely filed comments will not be of physicians and other health Nominations must also acknowledge considered. Electronic comments must professionals; and two shall be that the nominee is aware of the be submitted on or before October 29, representatives of the interests of the nomination unless self-nominated. FDA 2019. The https://www.regulations.gov general public. Almost all non-Federal electronic filing system will accept will ask potential candidates to provide members of this committee serve as comments until 11:59 p.m. Eastern Time detailed information concerning such Special Government Employees. at the end of October 29, 2019. matters related to financial holdings, Members are invited to serve for Comments received by mail/hand overlapping terms of 4 years. The employment, and research grants and/or delivery/courier (for written/paper current needs for the DGMPAC are contracts to permit evaluation of submissions) will be considered timely listed in table 2. possible sources of conflict of interest. if they are postmarked or the delivery B. Panels of the MDAC This notice is issued under the service acceptance receipt is on or Federal Advisory Committee Act (5 before that date. The MDAC with its 18 panels shall U.S.C. app. 2) and 21 CFR part 14, Electronic Submissions consist of a maximum of 159 standing relating to advisory committees. members. Members are selected by the Submit electronic comments in the Commissioner or designee from among Dated: August 26, 2019. following way: authorities in clinical and Lowell J. Schiller, • Federal eRulemaking Portal: administrative medicine, engineering, Principal Associate Commissioner for Policy. https://www.regulations.gov. Follow the biological and physical sciences, and [FR Doc. 2019–18766 Filed 8–29–19; 8:45 am] instructions for submitting comments. other related professions. Almost all BILLING CODE 4164–01–P Comments submitted electronically, non-Federal members of this committee including attachments, to https:// serve as Special Government www.regulations.gov will be posted to Employees. A maximum of 122 the docket unchanged. Because your members shall be standing voting comment will be made public, you are members and 37 shall be nonvoting solely responsible for ensuring that your members who serve as representatives comment does not include any
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confidential information that you or a contact information to be made publicly that the Director of USPTO may award third party may not wish to be posted, available, you can provide this (for example, half the testing phase must such as medical information, your or information on the cover sheet and not be subtracted as well as any time that anyone else’s Social Security number, or in the body of your comments and you may have occurred before the patent confidential business information, such must identify this information as was issued), FDA’s determination of the as a manufacturing process. Please note ‘‘confidential.’’ Any information marked length of a regulatory review period for that if you include your name, contact as ‘‘confidential’’ will not be disclosed a human biological product will include information, or other information that except in accordance with § 10.20 (21 all of the testing phase and approval identifies you in the body of your CFR 10.20) and other applicable phase as specified in 35 U.S.C. comments, that information will be disclosure law. For more information 156(g)(1)(B). posted on https://www.regulations.gov. about FDA’s posting of comments to FDA has approved for marketing the • If you want to submit a comment public dockets, see 80 FR 56469, human biologic product MACI with confidential information that you September 18, 2015, or access the (autologous cellularized scaffold). MACI do not wish to be made available to the information at: https://www.gpo.gov/ is indicated for the repair of public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- symptomatic, single or multiple full- written/paper submission and in the 23389.pdf. thickness cartilage defects of the knee manner detailed (see ‘‘Written/Paper Docket: For access to the docket to with or without bone involvement in Submissions’’ and ‘‘Instructions’’). read background documents or the adults. Subsequent to this approval, the USPTO received a patent term Written/Paper Submissions electronic and written/paper comments received, go to https:// restoration application for MACI (U.S. Submit written/paper submissions as www.regulations.gov and insert the Patent No. 8,029,992) from Vericel follows: docket number, found in brackets in the Corporation, and the USPTO requested • Mail/Hand delivery/Courier (for heading of this document, into the FDA’s assistance in determining this written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts patent’s eligibility for patent term Management Staff (HFA–305), Food and and/or go to the Dockets Management restoration. In a letter dated March 19, Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, 2018, FDA advised the USPTO that this Lane, Rm. 1061, Rockville, MD 20852. • Rockville, MD 20852. human biological product had For written/paper comments undergone a regulatory review period submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory and that the approval of MACI Staff, FDA will post your comment, as represented the first permitted well as any attachments, except for Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, commercial marketing or use of the information submitted, marked and product. Thereafter, the USPTO identified, as confidential, if submitted Rm. 6250, Silver Spring, MD 20993, 301–796–3600. requested that FDA determine the as detailed in ‘‘Instructions.’’ product’s regulatory review period. Instructions: All submissions received SUPPLEMENTARY INFORMATION: must include the Docket No. FDA– II. Determination of Regulatory Review 2018–E–0189 for ‘‘Determination of I. Background Period Regulatory Review Period for Purposes The Drug Price Competition and FDA has determined that the of Patent Extension; MACI.’’ Received Patent Term Restoration Act of 1984 applicable regulatory review period for comments, those filed in a timely (Pub. L. 98–417) and the Generic MACI is 345 days. Of this time, 0 days manner (see ADDRESSES), will be placed Animal Drug and Patent Term occurred during the testing phase of the in the docket and, except for those Restoration Act (Pub. L. 100–670) regulatory review period, while 345 submitted as ‘‘Confidential generally provide that a patent may be days occurred during the approval Submissions,’’ publicly viewable at extended for a period of up to 5 years phase. These periods of time were https://www.regulations.gov or at the so long as the patented item (human derived from the following dates: Dockets Management Staff between 9 drug product, animal drug product, 1. The date an exemption under a.m. and 4 p.m., Monday through medical device, food additive, or color section 505(i) of the Federal Food, Drug, Friday. additive) was subject to regulatory and Cosmetic Act (21 U.S.C. 355(i)) • Confidential Submissions—To review by FDA before the item was became effective: No exemption under submit a comment with confidential marketed. Under these acts, a product’s subsection 505(i) of the Federal Food, information that you do not wish to be regulatory review period forms the basis Drug, and Cosmetic Act involving this made publicly available, submit your for determining the amount of extension biologic product became effective. comments only as a written/paper an applicant may receive. 2. The date the application was submission. You should submit two A regulatory review period consists of initially submitted with respect to the copies total. One copy will include the two periods of time: A testing phase and human biological product under section information you claim to be confidential an approval phase. For human 351 of the Public Health Service Act (42 with a heading or cover note that states biological products, the testing phase U.S.C. 262): January 4, 2016. FDA has ‘‘THIS DOCUMENT CONTAINS begins when the exemption to permit verified the applicant’s claim that the CONFIDENTIAL INFORMATION.’’ The the clinical investigations of the biologics license application (BLA) for Agency will review this copy, including biological product becomes effective MACI (BLA 125603) was initially the claimed confidential information, in and runs until the approval phase submitted on January 4, 2016. its consideration of comments. The begins. The approval phase starts with 3. The date the application was second copy, which will have the the initial submission of an application approved: December 13, 2016. FDA has claimed confidential information to market the human biological product verified the applicant’s claim that BLA redacted/blacked out, will be available and continues until FDA grants 125603 was approved on December 13, for public viewing and posted on permission to market the biological 2016. https://www.regulations.gov. Submit product. Although only a portion of a This determination of the regulatory both copies to the Dockets Management regulatory review period may count review period establishes the maximum Staff. If you do not wish your name and toward the actual amount of extension potential length of a patent extension.
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However, the USPTO applies several determination because of the Written/Paper Submissions statutory limitations in its calculations submission of applications to the Submit written/paper submissions as of the actual period for patent extension. Director of the U.S. Patent and follows: In its application for patent extension, Trademark Office (USPTO), Department • Mail/Hand delivery/Courier (for this applicant seeks 345 days of patent of Commerce, for the extension of a written/paper submissions): Dockets term extension. patent which claims that human drug Management Staff (HFA–305), Food and product. III. Petitions Drug Administration, 5630 Fishers DATES: Anyone with knowledge that any Lane, Rm. 1061, Rockville, MD 20852. Anyone with knowledge that any of of the dates as published (see the • For written/paper comments the dates as published are incorrect may SUPPLEMENTARY INFORMATION section) are submitted to the Dockets Management submit either electronic or written incorrect may submit either electronic Staff, FDA will post your comment, as comments and, under 21 CFR 60.24, ask or written comments and ask for a well as any attachments, except for for a redetermination (see DATES). redetermination by October 29, 2019. information submitted, marked and Furthermore, as specified in § 60.30 (21 Furthermore, any interested person may identified, as confidential, if submitted CFR 60.30), any interested person may petition FDA for a determination as detailed in ‘‘Instructions.’’ petition FDA for a determination regarding whether the applicant for Instructions: All submissions received regarding whether the applicant for extension acted with due diligence must include the Docket Nos. FDA– extension acted with due diligence during the regulatory review period by 2018–E–0281, FDA–2018–E–0297, during the regulatory review period. To February 26, 2020. See ‘‘Petitions’’ in FDA–2018–E–0287, and FDA–2018–E– meet its burden, the petition must the SUPPLEMENTARY INFORMATION section 0286 for ‘‘Determination of Regulatory comply with all the requirements of for more information. Review Period for Purposes of Patent § 60.30, including but not limited to: ADDRESSES: You may submit comments Extension; BEVYXXA.’’ Received Must be timely (see DATES), must be comments, those filed in a timely filed in accordance with § 10.20, must as follows. Please note that late, manner (see ADDRESSES), will be placed contain sufficient facts to merit an FDA untimely filed comments will not be considered. Electronic comments must in the docket and, except for those investigation, and must certify that a submitted as ‘‘Confidential true and complete copy of the petition be submitted on or before October 29, 2019. The https://www.regulations.gov Submissions,’’ publicly viewable at has been served upon the patent https://www.regulations.gov or at the applicant. (See H. Rept. 857, part 1, 98th electronic filing system will accept comments until 11:59 p.m. Eastern Time Dockets Management Staff between 9 Cong., 2d sess., pp. 41–42, 1984.) a.m. and 4 p.m., Monday through Petitions should be in the format at the end of October 29, 2019. Comments received by mail/hand Friday. specified in 21 CFR 10.30. • Confidential Submissions—To Submit petitions electronically to delivery/courier (for written/paper submit a comment with confidential https://www.regulations.gov at Docket submissions) will be considered timely information that you do not wish to be No. FDA–2013–S–0610. Submit written if they are postmarked or the delivery made publicly available, submit your petitions (two copies are required) to the service acceptance receipt is on or comments only as a written/paper Dockets Management Staff (HFA–305), before that date. submission. You should submit two Food and Drug Administration, 5630 Electronic Submissions copies total. One copy will include the Fishers Lane, Rm. 1061, Rockville, MD information you claim to be confidential 20852. Submit electronic comments in the following way: with a heading or cover note that states Dated: August 27, 2019. • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS Lowell J. Schiller, https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The Principal Associate Commissioner for Policy. instructions for submitting comments. Agency will review this copy, including [FR Doc. 2019–18805 Filed 8–29–19; 8:45 am] Comments submitted electronically, the claimed confidential information, in BILLING CODE 4164–01–P including attachments, to https:// its consideration of comments. The www.regulations.gov will be posted to second copy, which will have the the docket unchanged. Because your claimed confidential information DEPARTMENT OF HEALTH AND comment will be made public, you are redacted/blacked out, will be available HUMAN SERVICES solely responsible for ensuring that your for public viewing and posted on comment does not include any https://www.regulations.gov. Submit Food and Drug Administration confidential information that you or a both copies to the Dockets Management [Docket Nos. FDA–2018–E–0281, FDA– third party may not wish to be posted, Staff. If you do not wish your name and 2018–E–0297, FDA–2018–E–0287, and FDA– such as medical information, your or contact information to be made publicly 2018–E–0286] anyone else’s Social Security number, or available, you can provide this confidential business information, such information on the cover sheet and not Determination of Regulatory Review as a manufacturing process. Please note in the body of your comments and you Period for Purposes of Patent that if you include your name, contact must identify this information as Extension; BEVYXXA information, or other information that ‘‘confidential.’’ Any information marked AGENCY: Food and Drug Administration, identifies you in the body of your as ‘‘confidential’’ will not be disclosed HHS. comments, that information will be except in accordance with § 10.20 (21 ACTION: Notice. posted on https://www.regulations.gov. CFR 10.20) and other applicable • If you want to submit a comment disclosure law. For more information SUMMARY: The Food and Drug with confidential information that you about FDA’s posting of comments to Administration (FDA or the Agency) has do not wish to be made available to the public dockets, see 80 FR 56469, determined the regulatory review period public, submit the comment as a September 18, 2015, or access the for BEVYXXA and is publishing this written/paper submission and in the information at: https://www.gpo.gov/ notice of that determination as required manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- by law. FDA has made the Submissions’’ and ‘‘Instructions’’). 23389.pdf.
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Docket: For access to the docket to moderate or severe restricted mobility comments and, under 21 CFR 60.24, ask read background documents or the and other risk factors for VTE. for a redetermination (see DATES). electronic and written/paper comments Subsequent to this approval, the USPTO Furthermore, as specified in § 60.30 (21 received, go to https:// received patent term restoration CFR 60.30), any interested person may www.regulations.gov and insert the applications for BEVYXXA (U.S. Patent petition FDA for a determination docket number, found in brackets in the Nos. 6,376,515; 6,835,739; 7,598,276; regarding whether the applicant for heading of this document, into the and 8,518,977) from Millennium extension acted with due diligence ‘‘Search’’ box and follow the prompts Pharmaceuticals, Inc., and the USPTO during the regulatory review period. To and/or go to the Dockets Management requested FDA’s assistance in meet its burden, the petition must Staff, 5630 Fishers Lane, Rm. 1061, determining the patents’ eligibility for comply with all the requirements of Rockville, MD 20852. patent term restoration. In a letter dated § 60.30, including but not limited to: FOR FURTHER INFORMATION CONTACT: April 5, 2018, FDA advised the USPTO Must be timely (see DATES), must be Beverly Friedman, Office of Regulatory that this human drug product had filed in accordance with § 10.20, must Policy, Food and Drug Administration, undergone a regulatory review period contain sufficient facts to merit an FDA 10903 New Hampshire Ave., Bldg. 51, and that the approval of BEVYXXA investigation, and must certify that a Rm. 6250, Silver Spring, MD 20993, represented the first permitted true and complete copy of the petition 301–796–3600. commercial marketing or use of the has been served upon the patent product. Thereafter, the USPTO SUPPLEMENTARY INFORMATION: applicant. (See H. Rept. 857, part 1, 98th requested that FDA determine the Cong., 2d sess., pp. 41–42, 1984.) I. Background product’s regulatory review period. Petitions should be in the format The Drug Price Competition and II. Determination of Regulatory Review specified in 21 CFR 10.30. Patent Term Restoration Act of 1984 Period Submit petitions electronically to (Pub. L. 98–417) and the Generic https://www.regulations.gov at Docket FDA has determined that the Animal Drug and Patent Term No. FDA–2013–S–0610. Submit written applicable regulatory review period for Restoration Act (Pub. L. 100–670) petitions (two copies are required) to the BEVYXXA is 4,244 days. Of this time, generally provide that a patent may be Dockets Management Staff (HFA–305), 4,001 days occurred during the testing extended for a period of up to 5 years Food and Drug Administration, 5630 phase of the regulatory review period, so long as the patented item (human Fishers Lane, Rm. 1061, Rockville, MD while 243 days occurred during the drug product, animal drug product, 20852. approval phase. These periods of time medical device, food additive, or color were derived from the following dates: Dated: August 27, 2019. additive) was subject to regulatory 1. The date an exemption under Lowell J. Schiller, review by FDA before the item was section 505(i) of the Federal Food, Drug, Principal Associate Commissioner for Policy. marketed. Under these acts, a product’s and Cosmetic Act (FD&C Act) (21 U.S.C. [FR Doc. 2019–18788 Filed 8–29–19; 8:45 am] regulatory review period forms the basis 355(i)) became effective: November 11, BILLING CODE 4164–01–P for determining the amount of extension 2005. The applicant claims November an applicant may receive. 30, 2005, as the date the investigational A regulatory review period consists of new drug application (IND) became DEPARTMENT OF HEALTH AND two periods of time: A testing phase and effective. However, FDA records HUMAN SERVICES an approval phase. For human drug indicate that the IND effective date was products, the testing phase begins when November 11, 2005, which was 30 days Food and Drug Administration the exemption to permit the clinical after FDA receipt of the IND. [Docket No. FDA–2018–N–1903] investigations of the drug becomes 2. The date the application was effective and runs until the approval initially submitted with respect to the Modernizing Pharmaceutical Quality phase begins. The approval phase starts human drug product under section Systems; Studying Quality Metrics and with the initial submission of an 505(b) of the FD&C Act: October 24, Quality Culture; Quality Metrics application to market the human drug 2016. FDA has verified the applicant’s Feedback Program; Reopening of product and continues until FDA grants claim that the new drug application Submission Period permission to market the drug product. (NDA) for BEVYXXA (NDA 208383) was AGENCY: Although only a portion of a regulatory initially submitted on October 24, 2016. Food and Drug Administration, review period may count toward the 3. The date the application was HHS. actual amount of extension that the approved: June 23, 2017. FDA has ACTION: Notice of availability; reopening Director of USPTO may award (for verified the applicant’s claim that NDA of submission period. example, half the testing phase must be 208383 was approved on June 23, 2017. subtracted as well as any time that may This determination of the regulatory SUMMARY: The Food and Drug have occurred before the patent was review period establishes the maximum Administration (FDA or the Agency) is issued), FDA’s determination of the potential length of a patent extension. reopening the submission period for the length of a regulatory review period for However, the USPTO applies several notice entitled ‘‘Modernizing a human drug product will include all statutory limitations in its calculations Pharmaceutical Quality Systems; of the testing phase and approval phase of the actual period for patent extension. Studying Quality Metrics and Quality as specified in 35 U.S.C. 156(g)(1)(B). In its applications for patent extension, Culture; Quality Metrics Feedback FDA has approved for marketing the this applicant seeks 821 days, 1,531 Program’’ that published in the Federal human drug product BEVYXXA days, or 5 years of patent term Register of June 29, 2018. The Agency (betrixaban maleate), which is indicated extension. is taking this action to allow interested for the prophylaxis of venous persons additional time to participate in thromboembolism (VTE) in adult III. Petitions the program. patients hospitalized for an acute Anyone with knowledge that any of DATES: FDA is reopening the submission medical illness who are at risk for the dates as published are incorrect may period for the notice published on June thromboembolic complications due to submit either electronic or written 29, 2018 (83 FR 30748). Submit written
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requests to participate in the program by I. Under Section AE.20 Functions, modeling, cost and impact analyses, and December 30, 2019 to ensure that the delete the following sections in their the enhancement of national, state, and Agency considers your participation in entirety. local data sources for analyzing and this program. A. Division of Data Policy (AEJ1) managing issues. The division also is responsible for the annual update of the FOR FURTHER INFORMATION CONTACT: Tara B. Division of Science Policy (AEJ2) HHS poverty guidelines, and also Gooen Bizjak, Center for Drug C. Division of Economic Support for maintains cognizance of data collection Evaluation and Research, Food and Families (AES) D. Office of Disability, Aging and Long- activities of the Federal statistical Drug Administration, 10903 New system and coordinates with the Office Hampshire Ave., Bldg. 75, Rm. 6649, Term Care Policy (AEW) E. Division of Long-Term Care Policy of Science and Data Policy (AEJ), as Silver Spring, MD 20993, 301–796– appropriate. 3257, [email protected]. (AEW3) F. Division of Behavioral Health and E. The Office of Behavioral Health, SUPPLEMENTARY INFORMATION: In the Intellectual Disabilities (AEW4) Disability, and Aging Policy (AEW) is responsible for the development, Federal Register of June 29, 2018 (83 FR II. Under Section AE.20 Functions, coordination, research and evaluation of 30748), FDA published a notice with a insert the following sections: HHS policies and programs that support 1-year and 30-day period to submit a A. The Division of Evidence, the independence, productivity, health request to participate in the Evaluation, and Data Policy (AEJ1) is and wellbeing of children, working age ‘‘Modernizing Pharmaceutical Quality responsible for evidence and evaluation adults, and older adults with mental Systems; Studying Quality Metrics and based policy activities in addition to health and substance use disorders (i.e. Quality Culture; Quality Metrics data and information privacy policy, behavioral health) and other disabilities. Feedback Program.’’ FDA is reopening health information technology and the submission period until December D The Division of Disability and Aging interoperability and data standards; and Policy (AEW1) is responsible for the 30, 2019. The Agency believes that an convenes the Evaluation and Evidence additional 120 days will allow adequate policy development, coordination, Council to work with stakeholders to research and evaluation of federal time for interested persons to participate implement statutory evidence-building without compromising the program. policies and programs that aim to plan requirements. address the needs of people with To be considered for the program, a B. The Division of Science and Public disabilities and older Americans. Areas company should submit a statement of Health Policy (AEJ2) is responsible for of focus include the interaction between interest for participation to OPQ-OS- supporting Health and Human Services the health, disability, and economic [email protected]. The science and public health agencies in well-being of persons of all ages with statement of interest should include areas related to policy coordination, disabilities including the prevalence of agreement to the selection qualities long-range planning, legislative disability and disabling conditions; listed in 83 FR 30748 at 30749–30750, development, economic, program, and describing the socio-demographic section III.A. regulatory analysis. characteristics of relevant populations; Dated: August 26, 2019. C. The Division of Strategic Planning determining service use, income, Lowell J. Schiller, (AEJ3) is responsible for enterprise-wide employment, and program participation reporting, implementation, and Principal Associate Commissioner for Policy. patterns; and coordinating the development of strategic plans related to [FR Doc. 2019–18771 Filed 8–29–19; 8:45 am] development of disability and aging critical health, public health, and data and related policy. BILLING CODE 4164–01–P human services programs. F. The Division of Long-Term D. The Division of Family and Services and Supports Policy (AEW3) is Community Policy (AES1) is DEPARTMENT OF HEALTH AND responsible for policy development and responsible for human services policy HUMAN SERVICES analysis related to disability, aging, and and programs to improve the wellbeing long-term services and supports Office of the Secretary and economic status of families and components of Medicare, Medicaid, communities including economic nursing facility services, community Office of The Assistant Secretary for mobility; social capital; program residential, personal, and home and Planning and Evaluation; Statement of alignment and coordination at the health rehabilitation, and the integration Organization, Functions, and federal, state, and local levels refugee of acute and post-acute care services, Delegations of Authority resettlement; fatherhood; marriage; including for individuals dually-eligible domestic violence issues; and for Medicare and Medicaid. Part A (Office of the Secretary), promoting self-sufficiency and G. The Division of Behavioral Health Statement of Organization, Functions, employment including the TANF and Policy (AEW4) is responsible for the and Delegations of Authority of the Child Support programs. analysis, coordination, and research and Department of Health and Human D The Division of Children and Youth evaluation of policies related to Services (HHS) is being amended at Policy (AES2) is responsible for behavioral, mental, and substance use Chapter AE, Office of the Assistant promoting healthy development of disorders. The division is the focal point Secretary for Planning and Evaluation children and youth including strategic for policy development and analysis (ASPE), as last amended at 76 FR 59399 coordination of national youth policy related to the financing, access/delivery, on September 26, 2011. This notice and positive youth development, child organization, and quality of services for better aligns office titles with program welfare and child protection, and child people with behavioral, mental, and activities, consolidates key functions care and early childhood education. substance use disorders, including those and clearly delineates ASPE’s portfolio D The Division of Data and Technical supported or financed by Medicaid, within three of its five components; Analysis (AES3) is responsible for Medicare, and SAMHSA. Science and Data Policy (AEJ), Human providing data analytic capacity for III. Delegations of Authority: All Service Policy (AES), and Disability, policy development and program delegations and redelegations of Aging, and Long-Term Care Policy improvement on cross-cutting human authority made to officials and (AEW): services policy through data analysis, employees of affected organizational
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components will continue in them or Procedures for Providing Public Input: SUPPLEMENTARY INFORMATION: This their successors pending further Members of the public are encouraged proposed information collection was redelegations, provided they are to go to the NBSB website (http:// previously published in the Federal consistent with this reorganization. www.phe.gov/nbsb) for instructions Register on June 12, page 27336 (84 FR Authority: 44 U.S.C. 3101. about the submission of written 27336) and allowed 60 days for public comments. comment. No public comments were Scott W. Rowell, Dated: August 21, 2019. received. The purpose of this notice is Assistant Secretary for Administration. Robert P. Kadlec, to allow an additional 30 days for public [FR Doc. 2019–18784 Filed 8–29–19; 8:45 am] Assistant Secretary for Preparedness and comment. BILLING CODE 4150–05–P Response. The Clinical Center, National [FR Doc. 2019–18612 Filed 8–29–19; 8:45 am] Institutes of Health, may not conduct or DEPARTMENT OF HEALTH AND BILLING CODE 4150–37–P sponsor, and the respondent is not HUMAN SERVICES required to respond to, an information collection that has been extended, National Biodefense Science Board: DEPARTMENT OF HEALTH AND revised, or implemented on or after Public Meeting HUMAN SERVICES October 1, 1995, unless it displays a currently valid OMB control number. AGENCY: Office of the Assistant National Institutes of Health Secretary for Preparedness and In compliance with Section Response (ASPR), Department of Health Proposed Collection; 30 Day Comment 3507(a)(1)(D) of the Paperwork and Human Services (HHS). Request; The Impact of Clinical Reduction Act of 1995, the National ACTION: Notice. Research Training and Medical Institutes of Health (NIH) has submitted Education at the Clinical Center on to the Office of Management and Budget SUMMARY: The HHS Office of the Physician Careers in Academia and (OMB) a request for review and Secretary is hosting the National Clinical Research (Clinical Center) approval of the information collection Biodefense Science Board (NBSB) listed below. AGENCY: National Institutes of Health, Public Meeting in Washington, DC, on Proposed Collection Title: The Impact HHS. September 11, 2019. The purpose of the of Clinical Research Training and meeting is to gather information to ACTION: Notice. Medical Education at the Clinical Center develop expert advice provided by on Physician Careers in Academia and NBSB and guidance to the Secretary on SUMMARY : In compliance with the Clinical Research, OMB #0925–0602 scientific, technical, and other matters Paperwork Reduction Act of 1995, the Expiration Date: 8/31/19, Revision, of special interest to HHS regarding National Institutes of Health (NIH) has Clinical Center (CC), National Institutes current and future chemical, biological, submitted to the Office of Management of Health (NIH). nuclear, and radiological agents, and Budget (OMB) a request for review whether naturally occurring, accidental, and approval of the information Need and Use of Information or deliberate. collection listed below. Collection: The information collected will allow continued assessment of the DATES: The NBSB Public Meeting is DATES: Comments regarding this being held on September 11, 2019, from value of the training provided by the information collection are best assured Office of Clinical Research Training and 9:00 a.m. to 5:00 p.m. Eastern Daylight of having their full effect if received Time (EDT). Medical Education (OCRTME) at the within 30 days of the date of this NIH Clinical Center and the extent to ADDRESSES: Please visit the NBSB publication. website (https://www.phe.gov/nbsb) for which this training promotes (a) patient all additional information regarding ADDRESSES: Written comments and/or safety; (b) research productivity and NBSB or meeting details. suggestions regarding the item(s) independence; and (c) future career development within clinical, FOR FURTHER INFORMATION CONTACT: contained in this notice, especially CAPT Christopher Perdue, MD, MPH, regarding the estimated public burden translational, and academic research Designated Federal Official, NBSB, and associated response time, should be settings. The information received from ASPR, HHS; 202–401–5837; directed to the: Office of Management respondents is presented to, evaluated [email protected]. and Budget, Office of Regulatory Affairs, by, and incorporated into the ongoing [email protected] or by operational improvement efforts of the SUPPLEMENTARY INFORMATION: Pursuant fax to 202–395–6974, Attention: Desk Director of the Office of Clinical to section 319M of the Public Health Officer for NIH. Research Training and Education, and Service Act, HHS has established the the Chief Executive Officer of the NIH NBSB to provide expert advice and FOR FURTHER INFORMATION CONTACT: To Clinical Center. This information will guidance to the Secretary on scientific, obtain a copy of the data collection enable the ongoing operational technical, and other matters of special plans and instruments, contact: Robert improvement efforts of the OCRTME interest to HHS regarding current and M. Lembo, MD, Office of Clinical and its commitment to providing future chemical, biological, nuclear, and Research Training and Medical clinical research training and medical radiological agents, whether naturally Education, NIH Clinical Center, occurring, accidental, or deliberate. National Institutes of Health, 10 Center education of the highest quality to each Availability of Materials: Participants Drive, Room 1N252C, Bethesda, MD trainee. are encouraged to visit the NBSB 20892–1158, or call non-toll-free OMB approval is requested for 3 website (http://www.phe.gov/nbsb) for number (301) 496–2636, or Email your years. There are no costs to respondents information about the meeting, request, including your address to: other than their time. The total including the agenda. [email protected]. estimated annualized burden hours 478.
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ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Total annual Form name Type of respondents respondents responses per response burden hours respondent (in hours) requested
CRTP/MRSP Alumni Survey ...... Post Doctoral Students 704 1 20/60 235 Summer Internship Program Alumni Survey ...... Pre Doctoral Students .. 280 1 20/60 93 Graduate Medical Education Graduate Survey .... Physicians ...... 350 1 20/60 117 Clinical Electives Program 1 Year Alumni Sur- Physicians ...... 100 1 20/60 33 veys.
Total ...... 1,434 ...... 478
Dated: August 20, 2019. Fishers Lane, Room 16N02C, Rockville, and specimen validity tests on urine Laura M. Lee, Maryland 20857; 240–276–2600 (voice). specimens: Project Clearance Liaison, NIH Clinical SUPPLEMENTARY INFORMATION: The HHS-Certified Instrumented Initial Center, National Institutes of Health. Department of Health and Human Testing Facilities [FR Doc. 2019–18840 Filed 8–29–19; 8:45 am] Services (HHS) notifies federal agencies BILLING CODE 4140–01–P of the laboratories and Instrumented Dynacare, 6628 50th Street NW, Initial Testing Facilities (IITF) currently Edmonton, AB Canada T6B 2N7, 780– certified to meet the standards of the 784–1190, (Formerly: Gamma- DEPARTMENT OF HEALTH AND Mandatory Guidelines for Federal Dynacare Medical Laboratories). HUMAN SERVICES Workplace Drug Testing Programs HHS-Certified Laboratories (Mandatory Guidelines). The Mandatory Substance Abuse and Mental Health Guidelines were first published in the ACM Medical Laboratory, Inc., 160 Services Administration Federal Register on April 11, 1988 (53 Elmgrove Park, Rochester, NY 14624, FR 11970), and subsequently revised in 844–486–9226. Current List of HHS-Certified the Federal Register on June 9, 1994 (59 Alere Toxicology Services, 1111 Newton Laboratories and Instrumented Initial FR 29908); September 30, 1997 (62 FR St., Gretna, LA 70053, 504–361–8989/ Testing Facilities Which Meet Minimum 51118); April 13, 2004 (69 FR 19644); 800–433–3823, (Formerly: Kroll Standards To Engage in Urine Drug November 25, 2008 (73 FR 71858); Laboratory Specialists, Inc., Testing for Federal Agencies December 10, 2008 (73 FR 75122); April Laboratory Specialists, Inc.). 30, 2010 (75 FR 22809); and on January Alere Toxicology Services, 450 AGENCY: Substance Abuse and Mental Southlake Blvd., Richmond, VA Health Services Administration, HHS. 23, 2017 (82 FR 7920). The Mandatory Guidelines were 23236, 804–378–9130, (Formerly: ACTION: Notice initially developed in accordance with Kroll Laboratory Specialists, Inc., Scientific Testing Laboratories, Inc.; SUMMARY: Executive Order 12564 and section 503 The Department of Health and Kroll Scientific Testing Laboratories, Human Services (HHS) notifies federal of Public Law 100–71. The ‘‘Mandatory Guidelines for Federal Workplace Drug Inc.). agencies of the laboratories and Baptist Medical Center-Toxicology Instrumented Initial Testing Facilities Testing Programs,’’ as amended in the revisions listed above, requires strict Laboratory, 11401 I–30, Little Rock, (IITF) currently certified to meet the AR 72209–7056, 501–202–2783, standards of the Mandatory Guidelines standards that laboratories and IITFs must meet in order to conduct drug and (Formerly: Forensic Toxicology for Federal Workplace Drug Testing Laboratory Baptist Medical Center). Programs (Mandatory Guidelines). specimen validity tests on urine specimens for federal agencies. Clinical Reference Laboratory, Inc., 8433 A notice listing all currently HHS- Quivira Road, Lenexa, KS 66215– certified laboratories and IITFs is To become certified, an applicant laboratory or IITF must undergo three 2802, 800–445–6917. published in the Federal Register Cordant Health Solutions, 2617 East L during the first week of each month. If rounds of performance testing plus an on-site inspection. To maintain that Street, Tacoma, WA 98421, 800–442– any laboratory or IITF certification is 0438, (Formerly: STERLING Reference suspended or revoked, the laboratory or certification, a laboratory or IITF must participate in a quarterly performance Laboratories). IITF will be omitted from subsequent testing program plus undergo periodic, Desert Tox, LLC, 10221 North 32nd lists until such time as it is restored to on-site inspections. Street Suite J, Phoenix, AZ 85028, full certification under the Mandatory Laboratories and IITFs in the 602–457–5411. Guidelines. applicant stage of certification are not to DrugScan, Inc., 200 Precision Road, If any laboratory or IITF has be considered as meeting the minimum Suite 200, Horsham, PA 19044, 800– withdrawn from the HHS National requirements described in the HHS 235–4890. Laboratory Certification Program (NLCP) Mandatory Guidelines. A HHS-certified Dynacare, * 245 Pall Mall Street, during the past month, it will be listed laboratory or IITF must have its letter of London, ONT, Canada N6A 1P4, 519– at the end and will be omitted from the certification from HHS/SAMHSA monthly listing thereafter. * The Standards Council of Canada (SCC) voted (formerly: HHS/NIDA), which attests This notice is also available on the to end its Laboratory Accreditation Program for that it has met minimum standards. internet at http://www.samhsa.gov/ Substance Abuse (LAPSA) effective May 12, 1998. In accordance with the Mandatory Laboratories certified through that program were workplace. Guidelines dated January 23, 2017 (82 accredited to conduct forensic urine drug testing as FOR FURTHER INFORMATION CONTACT: required by U.S. Department of Transportation FR 7920), the following HHS-certified (DOT) regulations. As of that date, the certification Charles LoDico, Division of Workplace laboratories and IITFs meet the of those accredited Canadian laboratories will Programs, SAMHSA/CSAP, 5600 minimum standards to conduct drug continue under DOT authority. The responsibility
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679–1630, (Formerly: Gamma- Phamatech, Inc., 15175 Innovation (LHG); without change. Our ICR Dynacare Medical Laboratories). Drive, San Diego, CA 92128, 888– describe the information we seek to ElSohly Laboratories, Inc., 5 Industrial 635–5840. collect from the public. Review and Park Drive, Oxford, MS 38655, 662– Quest Diagnostics Incorporated, 1777 comments by OIRA ensure we only 236–2609, Montreal Circle, Tucker, GA 30084, impose paperwork burdens Laboratory Corporation of America 800–729–6432(Formerly: SmithKline commensurate with our performance of Holdings, 7207 N Gessner Road, Beecham Clinical Laboratories; duties. Houston, TX 77040, 713–856–8288/ SmithKline Bio-Science Laboratories). DATES: Comments must reach the Coast 800–800–2387. Quest Diagnostics Incorporated, 400 Guard and OIRA on or before September Laboratory Corporation of America Egypt Road, Norristown, PA 19403, 30, 2019. Holdings, 69 First Ave., Raritan, NJ 610–631–4600/877–642–2216, ADDRESSES: You may submit comments 08869, 908–526–2400/800–437–4986, (Formerly: SmithKline Beecham identified by Coast Guard docket (Formerly: Roche Biomedical Clinical Laboratories; SmithKline Bio- number [USCG–2019–0353] to the Coast Laboratories, Inc.). Science Laboratories). Guard using the Federal eRulemaking Laboratory Corporation of America Redwood Toxicology Laboratory, 3700 Portal at https://www.regulations.gov. Holdings, 1904 TW Alexander Drive, Westwind Blvd., Santa Rosa, CA Alternatively, you may submit Research Triangle Park, NC 27709, 95403, 800–255–2159. comments to OIRA using one of the 919–572–6900/800–833–3984, U.S. Army Forensic Toxicology Drug following means: (Formerly: LabCorp Occupational Testing Laboratory, 2490 Wilson St., (1) Email: OIRA-submission@ Testing Services, Inc., CompuChem Fort George G. Meade, MD 20755– omb.eop.gov. Laboratories, Inc.; CompuChem 5235, 301–677–7085, Testing for (2) Mail: OIRA, 725 17th Street NW, Laboratories, Inc., A Subsidiary of Department of Defense (DoD) Washington, DC 20503, attention Desk Roche Biomedical Laboratory; Roche Employees Only. Officer for the Coast Guard. CompuChem Laboratories, Inc., A Upon finding a Canadian laboratory to (3) Fax: 202–395–6566. To ensure Member of the Roche Group). be qualified, HHS will recommend that your comments are received in a timely Laboratory Corporation of America DOT certify the laboratory (Federal manner, mark the fax, attention Desk Holdings, 1120 Main Street, Register, July 16, 1996) as meeting the Officer for the Coast Guard. Southaven, MS 38671, 866–827–8042/ minimum standards of the Mandatory A copy of the ICR is Copies of the 800–233–6339, (Formerly: LabCorp Guidelines published in the Federal ICRs are available through the docket on Occupational Testing Services, Inc.; Register on January 23, 2017 (82 FR the internet at https:// MedExpress/National Laboratory 7920). After receiving DOT certification, www.regulations.gov. Additionally, Center). the laboratory will be included in the copies are available from: LabOne, Inc. d/b/a Quest Diagnostics, monthly list of HHS-certified COMMANDANT (CG–612), ATTN: 10101 Renner Blvd., Lenexa, KS laboratories and participate in the NLCP PAPERWORK REDUCTION ACT 66219, 913–888–3927/800–873–8845, certification maintenance program. MANAGER, U.S. COAST GUARD, 2703 (Formerly: Quest Diagnostics Charles P. LoDico, MARTIN LUTHER KING JR. AVE SE, Incorporated; LabOne, Inc.; Center for Chemist. STOP 7710, WASHINGTON, DC 20593– Laboratory Services, a Division of 7710. [FR Doc. 2019–18769 Filed 8–29–19; 8:45 am] LabOne, Inc.). FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 4162–20–P Legacy Laboratory Services—MetroLab, Anthony Smith, Office of Information 1225 NE 2nd Ave., Portland, OR Management, telephone 202–475–3532, 97232, 503–413–5295/800–950–5295. or fax 202–372–8405, for questions on DEPARTMENT OF HOMELAND MedTox Laboratories, Inc., 402 W. these documents. County Road D, St. Paul, MN 55112, SECURITY SUPPLEMENTARY INFORMATION: 651–636–7466/800–832–3244. Minneapolis Veterans Affairs Medical Coast Guard Public Participation and Request for Center, Forensic Toxicology [Docket No. USCG–2019–0353] Comments Laboratory, 1 Veterans Drive, This notice relies on the authority of Collection of Information Under Minneapolis, MN 55417, 612–725– the Paperwork Reduction Act of 1995; Review by Office of Management and 2088, Testing for Veterans Affairs 44 U.S.C. chapter 35, as amended. An Budget; OMB; Control Number: 1625– (VA) Employees Only. ICR is an application to OIRA seeking 0049 Pacific Toxicology Laboratories, 9348 the approval, extension, or renewal of a DeSoto Ave., Chatsworth, CA 91311, AGENCY: Coast Guard, DHS. Coast Guard collection of information 800–328–6942,(Formerly: Centinela (Collection). The ICR contains Hospital Airport Toxicology ACTION: Thirty-day notice requesting comments. information describing the Collection’s Laboratory). purpose, the Collection’s likely burden Pathology Associates Medical SUMMARY: In compliance with the on the affected public, an explanation of Laboratories, 110 West Cliff Dr., Paperwork Reduction Act of 1995 the the necessity of the Collection, and Spokane, WA 99204, 509–755–8991/ U.S. Coast Guard is forwarding an other important information describing 800–541–7891x7. Information Collection Request (ICR), the Collection. There is one ICR for each abstracted below, to the Office of Collection. The Coast Guard invites for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA- Management and Budget (OMB), Office comments on whether this ICR should accredited laboratories was transferred to the U.S. of Information and Regulatory Affairs be granted based on the Collection being HHS, with the HHS’ NLCP contractor continuing to (OIRA), requesting an extension of its necessary for the proper performance of have an active role in the performance testing and approval for the following collection of Departmental functions. In particular, laboratory inspection processes. Other Canadian laboratories wishing to be considered for the NLCP information: 1625–0049, Waterfront the Coast Guard would appreciate may apply directly to the NLCP contractor just as Facilities Handling Liquefied Natural comments addressing: (1) The practical U.S. laboratories do. Gas (LNG) and Liquefied Hazardous Gas utility of the Collection; (2) the accuracy
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of the estimated burden of the Previous Request for Comments Information Collection Request (ICR), Collection; (3) ways to enhance the This request provides a 30-day abstracted below, to the Office of quality, utility, and clarity of comment period required by OIRA. The Management and Budget (OMB), Office information subject to the Collection; Coast Guard has published the 60-day of Information and Regulatory Affairs and (4) ways to minimize the burden of notice (84 FR 27341, June 12, 2019) (OIRA), requesting an extension of its the Collection on respondents, required by 44 U.S.C. 3506(c)(2). That approval for the following collection of including the use of automated notice elicited no comment. information: 1625–0063, Marine collection techniques or other forms of Accordingly, no changes have been Occupational Health and Safety information technology. Consistent with made to the Collections. Standards for Benzene; without change. the requirements of Executive Order Our ICR describe the information we 13771, Reducing Regulation and Information Collection Request seek to collect from the public. Review Controlling Regulatory Costs, and Title: Waterfront Facilities Handling and comments by OIRA ensure we only Executive Order 13777, Enforcing the Liquefied Natural Gas (LNG) and impose paperwork burdens Regulatory Reform Agenda, the Coast Liquefied Hazardous Gas (LHG). commensurate with our performance of Guard is also requesting comments on OMB Control Number: 1625–0049. duties. the extent to which this request for Summary: Liquefied Natural Gas DATES: Comments must reach the Coast information could be modified to reduce (LNG) and other Liquefied Hazardous Guard and OIRA on or before September the burden on respondents. These Gases (LHG) present a risk to the public 30, 2019. comments will help OIRA determine when handled at waterfront facilities. ADDRESSES: You may submit comments whether to approve the ICR referred to These rules should either prevent identified by Coast Guard docket in this notice. accidental releases at waterfront number [USCG–2019–0354] to the Coast facilities or mitigate their results. They We encourage you to respond to this Guard using the Federal eRulemaking are necessary to promote and verify Portal at https://www.regulations.gov. request by submitting comments and compliance with safety standards. Alternatively, you may submit related materials. Comments to Coast Need: Title 33 CFR part 127 prescribe comments to OIRA using one of the Guard or OIRA must contain the OMB safety standards for the design, following means: Control Number of the ICR. They must construction, equipment, operations, (1) Email: OIRA-submission@ also contain the docket number of this maintenance, personnel training, and omb.eop.gov. request, [USCG–2019–0353], and must fire protection at waterfront facilities (2) Mail: OIRA, 725 17th Street NW, be received by September 30, 2019. handling LNG or LHG. Washington, DC 20503, attention Desk Submitting Comments Forms: None. Officer for the Coast Guard. Respondents: Owners and operators (3) Fax: 202–395–6566. To ensure We encourage you to submit of waterfront facilities that transfer LNG your comments are received in a timely comments through the Federal or LHG. manner, mark the fax, attention Desk eRulemaking Portal at https:// Frequency: On occasion. Officer for the Coast Guard. www.regulations.gov. If your material Hour Burden Estimate: The estimated A copy of the ICR is available through cannot be submitted using https:// burden has decreased from 9,734 hours the docket on the internet at https:// www.regulations.gov, contact the person to 5,029 hours a year, due to a decrease www.regulations.gov. Additionally, in the FOR FURTHER INFORMATION in the estimated annual number of copies are available from: CONTACT section of this document for responses. COMMANDANT (CG–612), ATTN: alternate instructions. Documents Authority: The Paperwork Reduction Act PAPERWORK REDUCTION ACT mentioned in this notice, and all public of 1995; 44 U.S.C. chapter 35, as amended. MANAGER, U.S. COAST GUARD, 2703 MARTIN LUTHER KING JR. AVE. SE, comments, are in our online docket at Dated: August 27, 2019. https://www.regulations.gov and can be STOP 7710, WASHINGTON, DC 20593– James D. Roppel, 7710. viewed by following that website’s U.S. Coast Guard, Chief, Office of Information FOR FURTHER INFORMATION CONTACT: Mr. instructions. Additionally, if you go to Management. Anthony Smith, Office of Information the online docket and sign up for email [FR Doc. 2019–18804 Filed 8–29–19; 8:45 am] alerts, you will be notified when Management, telephone 202–475–3532, BILLING CODE 9110–04–P comments are posted. or fax 202–372–8405, for questions on these documents. We accept anonymous comments. All comments received will be posted DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: without change to https:// SECURITY Public Participation and Request for www.regulations.gov and will include Comments Coast Guard any personal information you have This notice relies on the authority of provided. For more about privacy and [Docket No. USCG–2019–0354] the Paperwork Reduction Act of 1995; the docket, you may review a Privacy 44 U.S.C. chapter 35, as amended. An Collection of Information Under Act notice regarding the Federal Docket ICR is an application to OIRA seeking Review by Office of Management and Management System in the March 24, the approval, extension, or renewal of a Budget; OMB Control Number: 1625– 2005, issue of the Federal Register (70 Coast Guard collection of information 0063 FR 15086). (Collection). The ICR contains OIRA posts its decisions on ICRs AGENCY: Coast Guard, DHS. information describing the Collection’s online at http://www.reginfo.gov/public/ ACTION: Thirty-day notice requesting purpose, the Collection’s likely burden do/PRAMain after the comment period comments. on the affected public, an explanation of for each ICR. An OMB notice of Action the necessity of the Collection, and on each ICR will become available via SUMMARY: In compliance with the other important information describing a hyperlink in the OMB Control Paperwork Reduction Act of 1995 the the Collection. There is one ICR for each Number: 1625–0049. U.S. Coast Guard is forwarding an Collection. The Coast Guard invites
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comments on whether this ICR should for each ICR. An OMB notice of Action Aquaculture Support Operations; be granted based on the Collection being on each ICR will become available via without change. Our ICR describes the necessary for the proper performance of a hyperlink in the OMB Control information we seek to collect from the Departmental functions. In particular, Number: 1625–0063. public. Review and comments by OIRA the Coast Guard would appreciate ensure we only impose paperwork Previous Request for Comments comments addressing: (1) The practical burdens commensurate with our utility of the Collection; (2) the accuracy This request provides a 30-day performance of duties. of the estimated burden of the comment period required by OIRA. The DATES: Comments must reach the Coast Collection; (3) ways to enhance the Coast Guard has published the 60-day Guard and OIRA on or before September quality, utility, and clarity of notice (84 FR 27342, June 12, 2019) 30, 2019. required by 44 U.S.C. 3506(c)(2). That information subject to the Collection; ADDRESSES: You may submit comments notice elicited no comment. and (4) ways to minimize the burden of identified by Coast Guard docket Accordingly, no changes have been the Collection on respondents, number [USCG–2019–0352] to the Coast made to the Collections. including the use of automated Guard using the Federal eRulemaking collection techniques or other forms of Information Collection Request Portal at https://www.regulations.gov. information technology. Consistent with Alternatively, you may submit the requirements of Executive Order Title: Marine Occupational Health comments to OIRA using one of the 13771, Reducing Regulation and and Safety Standards for Benezene—46 following means: Controlling Regulatory Costs, and CFR 197 Subpart C. OMB Control Number: 1625–0063. (1) Email: OIRA-submission@ Executive Order 13777, Enforcing the omb.eop.gov. Regulatory Reform Agenda, the Coast Summary: To protect marine workers from exposure to toxic Benzene vapor, (2) Mail: OIRA, 725 17th Street NW, Guard is also requesting comments on Washington, DC 20503, attention Desk the extent to which this request for the Coast Guard implemented Title 46 CFR 197 Subpart C. Officer for the Coast Guard. information could be modified to reduce (3) Fax: 202–395–6566. To ensure the burden on respondents. These Need: This information collection is vital to verifying compliance. your comments are received in a timely comments will help OIRA determine manner, mark the fax, attention Desk whether to approve the ICR referred to Forms: None. Respondents: Owners and operators Officer for the Coast Guard. in this notice. A copy of the ICR is available through We encourage you to respond to this of vessels. the docket on the internet at https:// request by submitting comments and Frequency: On occasion. Hour Burden Estimate: The estimated www.regulations.gov. Additionally, related materials. Comments to Coast copies are available from: Commandant Guard or OIRA must contain the OMB annual burden remains 38,165 hours a (CG–612), Attn: Paperwork Reduction Control Number of the ICR. They must year. Act Manager, U.S. Coast Guard, 2703 also contain the docket number of this Authority: The Paperwork Reduction Act Martin Luther King Jr. Ave. SE, Stop request, [USCG–2019–0354], and must of 1995; 44 U.S.C. chapter 35, as amended. 7710, Washington, DC 20593–7710. be received by September 30, 2019. Dated: August 27, 2019. FOR FURTHER INFORMATION CONTACT: Mr. Submitting Comments James D. Roppel, Anthony Smith, Office of Information U.S. Coast Guard, Chief, Office of Information Management, telephone 202–475–3532, We encourage you to submit Management. comments through the Federal or fax 202–372–8405, for questions on eRulemaking Portal at https:// [FR Doc. 2019–18810 Filed 8–29–19; 8:45 am] these documents. BILLING CODE 9110–04–P www.regulations.gov. If your material SUPPLEMENTARY INFORMATION: cannot be submitted using https:// Public Participation and Request for www.regulations.gov, contact the person DEPARTMENT OF HOMELAND Comments in the FOR FURTHER INFORMATION SECURITY CONTACT section of this document for This notice relies on the authority of alternate instructions. Documents Coast Guard the Paperwork Reduction Act of 1995; mentioned in this notice, and all public 44 U.S.C. chapter 35, as amended. An comments, are in our online docket at [Docket No. USCG–2019–0352] ICR is an application to OIRA seeking https://www.regulations.gov and can be the approval, extension, or renewal of a Collection of Information Under Coast Guard collection of information viewed by following that website’s Review by Office of Management and instructions. Additionally, if you go to (Collection). The ICR contains Budget; OMB Control Number: 1625– information describing the Collection’s the online docket and sign up for email 0126 alerts, you will be notified when purpose, the Collection’s likely burden comments are posted. AGENCY: Coast Guard, DHS. on the affected public, an explanation of We accept anonymous comments. All ACTION: Thirty-day notice requesting the necessity of the Collection, and comments received will be posted comments. other important information describing without change to https:// the Collection. There is one ICR for each www.regulations.gov and will include SUMMARY: In compliance with the Collection. any personal information you have Paperwork Reduction Act of 1995 the The Coast Guard invites comments on provided. For more about privacy and U.S. Coast Guard is forwarding an whether this ICR should be granted the docket, you may review a Privacy Information Collection Request (ICR), based on the Collection being necessary Act notice regarding the Federal Docket abstracted below, to the Office of for the proper performance of Management System in the March 24, Management and Budget (OMB), Office Departmental functions. In particular, 2005, issue of the Federal Register (70 of Information and Regulatory Affairs the Coast Guard would appreciate FR 15086). (OIRA), requesting an extension of its comments addressing: (1) The practical OIRA posts its decisions on ICRs approval for the following collection of utility of the Collection; (2) the accuracy online at http://www.reginfo.gov/public/ information: 1625–0126, Requirements of the estimated burden of the do/PRAMain after the comment period for Vessels that Perform Certain Collection; (3) ways to enhance the
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quality, utility, and clarity of notice (84 FR 27343, June 12, 2019) the Federal Register to obtain comments information subject to the Collection; required by 44 U.S.C. 3506(c)(2). That from the public and affected agencies. and (4) ways to minimize the burden of notice elicited no comments. DATES: Comments are encouraged and the Collection on respondents, Accordingly, no changes have been must be submitted (no later than including the use of automated made to the Collection. October 29, 2019) to be assured of collection techniques or other forms of consideration. information technology. Consistent with Information Collection Request ADDRESSES: Written comments and/or the requirements of Executive Order Title: Requirements for Vessels that suggestions regarding the item(s) 13771, Reducing Regulation and Perform Certain Aquaculture Support contained in this notice must include Controlling Regulatory Costs, and Operations. the OMB Control Number 1651–0093 in Executive Order 13777, Enforcing the OMB Control Number: 1625–0126. the subject line and the agency name. Regulatory Reform Agenda, the Coast Summary: This information is To avoid duplicate submissions, please Guard is also requesting comments on required to ensure that a vessel engaged use only one of the following methods the extent to which this request for in certain aquaculture operations has to submit comments: information could be modified to reduce applied for and received a waiver. A (1) Email. Submit comments to: CBP_ the burden on respondents. These vessel owner or operator must notify [email protected]. comments will help OIRA determine Coast Guard and provide a copy of the (2) Mail. Submit written comments to whether to approve the ICR referred to waiver. CBP Paperwork Reduction Act Officer, in this notice. Need: The Coast Guard regulations are U.S. Customs and Border Protection, We encourage you to respond to this prescribed in 46 CFR part 106. The Office of Trade, Regulations and request by submitting comments and Coast Guard uses the information in this Rulings, Economic Impact Analysis related materials. Comments to Coast collection to ensure compliance with Branch, 90 K Street NE, 10th Floor, Guard or OIRA must contain the OMB the requirements. Washington, DC 20229–1177. Control Number of the ICR. They must Forms: None. FOR FURTHER INFORMATION CONTACT: also contain the docket number of this Respondents: Owners and operators Requests for additional PRA information request, [USCG–2019–0352], and must of aquaculture operations. should be directed to Seth Renkema, be received by September 30, 2019. Frequency: On occasion. Chief, Economic Impact Analysis Submitting Comments Hour Burden Estimate: The estimated Branch, U.S. Customs and Border burden has increased from 1 hour to 2 We encourage you to submit Protection, Office of Trade, Regulations hours a year, due to an increase in the and Rulings, 90 K Street NE, 10th Floor, comments through the Federal estimated annual number of responses. eRulemaking Portal at https:// Washington, DC 20229–1177, Authority: The Paperwork Reduction Act Telephone number 202–325–0056 or via www.regulations.gov. If your material _ cannot be submitted using https:// of 1995; 44 U.S.C. chapter 35, as amended. email CBP [email protected]. Please www.regulations.gov, contact the person Dated: August 27, 2019. note that the contact information provided here is solely for questions in the FOR FURTHER INFORMATION James D. Roppel, regarding this notice. Individuals CONTACT section of this document for U.S. Coast Guard, Chief, Office of Information seeking information about other CBP alternate instructions. Documents Management. programs should contact the CBP mentioned in this notice, and all public [FR Doc. 2019–18812 Filed 8–29–19; 8:45 am] National Customer Service Center at comments, are in our online docket at BILLING CODE 9110–04–P 877–227–5511, (TTY) 1–800–877–8339, https://www.regulations.gov and can be or CBP website at https://www.cbp. viewed by following that website’s gov/. instructions. Additionally, if you go to DEPARTMENT OF HOMELAND the online docket and sign up for email SECURITY SUPPLEMENTARY INFORMATION: CBP alerts, you will be notified when invites the general public and other comments are posted. U.S. Customs and Border Protection Federal agencies to comment on the proposed and/or continuing information We accept anonymous comments. All [1651–0093] comments received will be posted collections pursuant to the Paperwork without change to https:// Agency Information Collection Reduction Act of 1995 (44 U.S.C. 3501 www.regulations.gov and will include Activities: Declaration of Owner and et seq.). This process is conducted in any personal information you have Declaration of Consignee When Entry accordance with 5 CFR 1320.8. Written provided. For more about privacy and is Made by an Agent comments and suggestions from the the docket, you may review a Privacy public and affected agencies should Act notice regarding the Federal Docket AGENCY: U.S. Customs and Border address one or more of the following Management System in the March 24, Protection (CBP), Department of four points: (1) Whether the proposed 2005, issue of the Federal Register (70 Homeland Security. collection of information is necessary FR 15086). ACTION: 60-Day notice and request for for the proper performance of the OIRA posts its decisions on ICRs comments; extension of an existing functions of the agency, including online at http://www.reginfo.gov/public/ collection of information. whether the information will have do/PRAMain after the comment period practical utility; (2) the accuracy of the for each ICR. An OMB Notice of Action SUMMARY: The Department of Homeland agency’s estimate of the burden of the on each ICR will become available via Security, U.S. Customs and Border proposed collection of information, a hyperlink in the OMB Control Protection will be submitting the including the validity of the Number: 1625–0126. following information collection request methodology and assumptions used; (3) to the Office of Management and Budget suggestions to enhance the quality, Previous Request for Comments (OMB) for review and approval in utility, and clarity of the information to This request provides a 30-day accordance with the Paperwork be collected; and (4) suggestions to comment period required by OIRA. The Reduction Act of 1995 (PRA). The minimize the burden of the collection of Coast Guard has published the 60-day information collection is published in information on those who are to
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respond, including through the use of Estimated Total Annual Responses: instruments of terrorism, narcotics, and appropriate automated, electronic, 5,400. other contraband. Id. Consistent with mechanical, or other technological Estimated Time per Response: 6 that mandate from Congress, the collection techniques or other forms of minutes. President’s Executive Order on Border information technology, e.g., permitting Estimated Total Annual Burden Security and Immigration Enforcement electronic submission of responses. The Hours: 540. Improvements directed executive comments that are submitted will be CBP Form 3347A departments and agencies to deploy all summarized and included in the request lawful means to secure the southern for approval. All comments will become Estimated Number of Respondents: border. Executive Order 13767, § 1. In a matter of public record. 50. order to achieve that end, the President Estimated Number of Responses per directed, among other things, that I take Overview of This Information Respondent: 6. immediate steps to prevent all unlawful Collection Estimated Total Annual Responses: entries into the United States, including Title: Declaration of Owner and 300. the immediate construction of physical Estimated Time per Response: 6 Declaration of Consignee When Entry is infrastructure to prevent illegal entry. minutes. made by an Agent. Executive Order 13767, § 4(a). OMB Number: 1651–0093. Estimated Total Annual Burden Congress has provided to the Form Number: CBP Forms 3347 and Hours: 30. Secretary of Homeland Security a 3347A. Dated: August 27, 2019. number of authorities necessary to carry Abstract: CBP Form 3347, Declaration Seth D. Renkema, out DHS’s border security mission. One of Owner, is a declaration from the Branch Chief, Economic Impact Analysis of those authorities is section 102 of the owner of imported merchandise stating Branch, U.S. Customs and Border Protection. Illegal Immigration Reform and that he/she agrees to pay additional or [FR Doc. 2019–18779 Filed 8–29–19; 8:45 am] Immigrant Responsibility Act of 1996, increased duties, therefore releasing the BILLING CODE P as amended (‘‘IIRIRA’’). Public Law importer of record from paying such 104–208, Div. C, 110 Stat. 3009–546, duties. This form must be filed within 3009–554 (Sept. 30, 1996) (8 U.S.C 90 days from the date of entry. CBP DEPARTMENT OF HOMELAND § 1103 note), as amended by the REAL Form 3347 is provided for by 19 CFR SECURITY ID Act of 2005, Public Law 109–13, Div. 24.11 and 141.20. B, 119 Stat. 231, 302, 306 (May 11, When entry is made in a consignee’s Office of the Secretary 2005) (8 U.S.C. 1103 note), as amended name by an agent who does not meet the by the Secure Fence Act of 2006, Public qualifications in 19 CFR 141.19(b)(2), Determination Pursuant to Section 102 Law 109–367, § 3, 120 Stat. 2638 (Oct. meaning that the agent does not have of the Illegal Immigration Reform and 26, 2006) (8 U.S.C. 1103 note), as knowledge of the facts and/or is not Immigrant Responsibility Act of 1996, amended by the Department of authorized under a proper power of as Amended Homeland Security Appropriations Act, attorney by that consignee, a declaration AGENCY: Office of the Secretary, 2008, Public Law 110–161, Div. E, Title from the consignee on CBP Form 3347A, Department of Homeland Security. V, § 564, 121 Stat. 2090 (Dec. 26, 2007). Declaration of Consignee When Entry is ACTION: Notice of determination. In section 102(a) of IIRIRA, Congress Made by an Agent, may be filed with the provided that the Secretary of entry documentation or the entry SUMMARY: The Acting Secretary of Homeland Security shall take such summary. If the declaration is filed on Homeland Security has determined, actions as may be necessary to install CBP Form 3347A, then no bond to pursuant to law, that it is necessary to additional physical barriers and roads produce a declaration of the consignee waive certain laws, regulations, and (including the removal of obstacles to is required. If the declaration is not filed other legal requirements in order to detection of illegal entrants) in the at entry or entry summary, bond must ensure the expeditious construction of vicinity of the United States border to be given to produce such declaration, barriers and roads in the vicinity of the deter illegal crossings in areas of high and the declaration must be presented international land border in Hidalgo illegal entry into the United States. In within six months after the date that the County, Texas and Starr County, Texas. section 102(b) of IIRIRA, Congress bond was given. CBP Form 3347A is DATES: This determination takes effect mandated the installation of additional provided for by 19 CFR 141.19(b)(2). on August 30, 2019. fencing, barriers, roads, lighting, CBP Forms 3347 and 3347A are cameras, and sensors on the southwest authorized by 19 U.S.C. 1485 and are SUPPLEMENTARY INFORMATION: Important missions of the Department of border. Finally, in section 102(c) of accessible at https://www.cbp.gov/ IIRIRA, Congress granted to the newsroom/publications/ Homeland Security (‘‘DHS’’) include border security and the detection and Secretary of Homeland Security the forms?title=3347&=Apply. authority to waive all legal requirements Action: CBP proposes to extend the prevention of illegal entry into the United States. Border security is critical that I, in my sole discretion, determine expiration date of this information necessary to ensure the expeditious collection with no change to the to the nation’s national security. Recognizing the critical importance of construction of barriers and roads estimated burden hours or to the authorized by section 102 of IIRIRA. information collected. border security, Congress has mandated Type of Review: Extension (without DHS to achieve and maintain Determination and Waiver operational control of the international change). Section 1 Affected Public: Businesses. land border. Secure Fence Act of 2006, Public Law 109–367, § 2, 120 Stat. 2638 The United States Border Patrol’s CBP Form 3347 (Oct. 26, 2006) (8 U.S.C. 1701 note). (Border Patrol) Rio Grande Valley Sector Estimated Number of Respondents: Congress defined ‘‘operational control’’ is an area of high illegal entry. In fiscal 900. as the prevention of all unlawful entries year 2018 alone, the Border Patrol Estimated Number of Responses per into the United States, including entries apprehended over 162,000 illegal aliens Respondent: 6. by terrorists, other unlawful aliens, attempting to enter the United States
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between border crossings in the Rio and extending west along the IBWC 15, 1966), as amended, repealed, or Grande Valley Sector. In that same year, levee for approximately one-tenth (0.10) replaced by Public Law 113–287, 128 the Border Patrol had over 1,400 of a mile. Stat. 3094 (Dec. 19, 2014) (formerly separate drug-related events between • Starting outside the city limits of codified at 16 U.S.C. 470 et seq., now border crossings in the Rio Grande Rio Grande City, Texas, at a point codified at 54 U.S.C. 100101 note and Valley Sector, through which it seized approximately two hundred and fifteen 54 U.S.C. 300101 et seq.)); the Migratory over 204,000 pounds of marijuana, over (215) feet southeast of the location Bird Treaty Act (16 U.S.C. 703 et seq.); 1,850 pounds of cocaine, over 16 where the international bridge at the Rio the Migratory Bird Conservation Act (16 pounds of heroin, and over 750 pounds Grande City port of entry begins to cross U.S.C. 715 et seq.); the Clean Air Act (42 of methamphetamine. the Rio Grande River and extending U.S.C. 7401 et seq.); the Archeological Owing to the high levels of illegal south and east along the Rio Grande Resources Protection Act (Pub. L. 96–95, entry within the Rio Grande Valley River for approximately sixth-tenths 93 Stat. 721 (Oct. 31, 1979) (16 U.S.C. Sector, I must use my authority under (0.60) of a mile. 470aa et seq.)); the Paleontological • section 102 of IIRIRA to install Starting outside the city limits of La Resources Preservation Act (16 U.S.C. additional physical barriers and roads in Grulla, Texas, at a point approximately 470aaa et seq.); the Federal Cave the Rio Grande Valley Sector. Therefore, three hundred and forty (340) feet Resources Protection Act of 1988 (16 DHS will take immediate action to northwest of the intersection of Mission U.S.C. 4301 et seq.); the Safe Drinking construct barriers and roads. The areas Street and West Private Lazaro Solis Water Act (42 U.S.C. 300f et seq.); the in the vicinity of the border within Street and extending northwest for Noise Control Act (42 U.S.C. 4901 et which such construction will occur are approximately one (1) mile. • seq.); the Solid Waste Disposal Act, as more specifically described in Section 2 Starting outside the city limits of La amended by the Resource Conservation below. Such areas are not located within Grulla, Texas, at a point approximately and Recovery Act (42 U.S.C. 6901 et any of the areas identified in sections two-tenths (0.20) of a mile southeast of seq.); the Comprehensive Environmental 231 and 232(c) of title II of division A the intersection of East Private Lazaro Response, Compensation, and Liability of the Fiscal Year 2019 DHS Solis Street and El Sol Drive and Act (42 U.S.C. 9601 et seq.); the extending east for approximately two Appropriations Act. See Public Law Archaeological and Historic and four-tenth (2.40) miles. 116–6, Div. A, Title II, §§ 231–232. Preservation Act (Pub. L. 86–523, 74 There is presently an acute and Section 2 immediate need to construct physical Stat. 220 (June 27, 1960) as amended, repealed, or replaced by Public Law I determine that the following areas in barriers and roads in the vicinity of the border of the United States in order to 113–287, 128 Stat. 3094 (Dec. 19, 2014) the vicinity of the United States border, (formerly codified at 16 U.S.C. 469 et located in the State of Texas within the prevent unlawful entries into the United States in the project areas pursuant to seq., now codified at 54 U.S.C. 312502 Border Patrol’s Rio Grande Valley et seq.)); the Antiquities Act (formerly Sector, are areas of high illegal entry sections 102(a) and 102(b) of IIRIRA. In order to ensure the expeditious codified at 16 U.S.C. 431 et seq., now (the ‘‘project areas’’): codified 54 U.S.C. 320301 et seq.); the • Starting approximately one-quarter construction of the barriers and roads in Historic Sites, Buildings, and (0.25) of a mile northwest of the the project areas, I have determined that Antiquities Act (formerly codified at 16 intersection of South Conway Street it is necessary that I exercise the U.S.C. 461 et seq., now codified at 54 (also known as La Lomita Boulevard) authority that is vested in me by section U.S.C. 3201–320303 & 320101–320106); and the International Boundary and 102(c) of IIRIRA. the Farmland Protection Policy Act (7 Water Commission (IBWC) levee and Accordingly, pursuant to section U.S.C. 4201 et seq.); the Federal Land extending southeast along the IBWC 102(c) of IIRIRA, I hereby waive in their Policy and Management Act (Pub L. 94– levee to the northwest boundary of the entirety, with respect to the 579, 90 Stat. 2743 (Oct. 21, 1976) (43 La Lomita Historical Park, which is also construction of roads and physical U.S.C. 1701 et seq.)); the National the intersection of East Chimney Road barriers (including, but not limited to, Wildlife Refuge System Administration and the IBWC levee. accessing the project areas, creating and • Starting at the southeast boundary using staging areas, the conduct of Act (Pub. L. 89–669, 80 Stat. 926 (Oct. of the La Lomita Historical Park and earthwork, excavation, fill, and site 15, 1966) (16 U.S.C. 668dd-668ee)); extending southeast along the levee to preparation, and installation and National Fish and Wildlife Act of 1956 the point where the levee ends at South upkeep of physical barriers, roads, (Pub. L. 84–1024, 70 Stat. 1119 (Aug. 8, Depot Road. supporting elements, drainage, erosion 1956) (16 U.S.C. 742a, et seq.)); the Fish • Starting at a point that is controls, safety features, lighting, and Wildlife Coordination Act (Pub. L. approximately six hundred and twenty cameras, and sensors) in the project 73–121, 48 Stat. 401 (March 10, 1934) (620) feet northwest of the intersection areas, all of the following statutes, (16 U.S.C. 661 et seq.)); the National of South Depot Road and State Highway including all federal, state, or other Trails System Act (16 U.S.C. 1241 et 115, and extending south along the laws, regulations, and legal seq.); the Administrative Procedure Act levee for approximately one (1) mile. requirements of, deriving from, or (5 U.S.C. 551 et seq.); the Rivers and • Starting at a point on the IBWC related to the subject of, the following Harbors Act of 1899 (33 U.S.C. 403); the levee that is approximately one-quarter statutes, as amended: The National Eagle Protection Act (16 U.S.C. 668 et (0.25) of a mile south and west of the Environmental Policy Act (Pub. L. 91– seq.); the Native American Graves point at which South 15th Street ends 190, 83 Stat. 852 (Jan. 1, 1970) (42 Protection and Repatriation Act (25 near Carlson Lake, and then extending U.S.C. 4321 et seq.)); the Endangered U.S.C. 3001 et seq.); and the American east along the northern shore of Carlson Species Act (Pub. L. 93–205, 87 Stat. Indian Religious Freedom Act (42 U.S.C. Lake and continuing east along Doffin 884 (Dec. 28, 1973) (16 U.S.C. 1531 et 1996). Canal Road to the western boundary of seq.)); the Federal Water Pollution This waiver does not revoke or the Santa Ana National Wildlife Refuge. Control Act (commonly referred to as supersede the previous waivers • Starting at the eastern boundary of the Clean Water Act (33 U.S.C. 1251 et published in the Federal Register on the La Coma Tract of the Lower Rio seq.)); the National Historic Preservation April 8, 2008 (73 FR 19077 and 73 FR Grande Valley National Wildlife Refuge Act (Pub. L. 89–665, 80 Stat. 915 (Oct. 19078), and October 11, 2018 (83 FR
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51472), which shall remain in full force (OMB) for the information collection speech impairments may access this and effect in accordance with their described below. In accordance with the number through TTY by calling the toll- respective terms. I reserve the authority Paperwork Reduction Act, HUD is free Federal Relay Service at (800) 877– to execute further waivers from time to requesting comment from all interested 8339. Copies of available documents time as I may determine to be necessary parties on the proposed collection of submitted to OMB may be obtained under section 102 of IIRIRA. information. The purpose of this notice from Ms. Guido. is to allow for 30 days of public Dated: August 26, 2019. SUPPLEMENTARY INFORMATION: This comment. Kevin K. McAleenan, notice informs the public that HUD is Acting Secretary of Homeland Security. DATES: Comments Due Date: September seeking approval from OMB for the [FR Doc. 2019–18846 Filed 8–29–19; 8:45 am] 30, 2019. information collection described in BILLING CODE 9111–14–P ADDRESSES: Interested persons are Section A. invited to submit comments regarding The Federal Register notice that this proposal. Comments should refer to solicited public comment on the DEPARTMENT OF HOUSING AND the proposal by name and/or OMB information collection for a period of 60 URBAN DEVELOPMENT Control Number and should be sent to: days was published on Monday, May 6, [Docket No. FR–7011–N–39] HUD Desk Officer, Office of 2019. Management and Budget, New 30-Day Notice of Proposed Information Executive Office Building, Washington, A. Overview of Information Collection Collection: Office of Lead Hazard DC 20503; fax: 202–395–5806, Email: Title of Information Collection: Office Control and Healthy Homes Grant [email protected]. of Lead Hazard Control and Healthy Programs Data Collection and FOR FURTHER INFORMATION CONTACT: Homes Grant Programs Data Collection Progress Reporting (OMB# 2539–0008) Anna P. Guido, Reports Management and Progress Reporting. AGENCY: Office of the Chief Information Officer, QMAC, Department of Housing OMB Approval Number: 2539–0008. and Urban Development, 451 7th Street Officer, HUD. Type of Request: Revision of a ACTION: Notice. SW, Washington, DC 20410; email Anna P. Guido at [email protected] or currently approved collection. SUMMARY: HUD is seeking approval from telephone 202–402–5535. This is not a Form Number: HUD 96006 (electronic the Office of Management and Budget toll-free number. Person with hearing or equivalent).
Burden Hourly Information Number Frequency Responses hour per Annual cost per Annual cost collection of respondents of response per annum response burden hours response
HUD 96006 (electronic equivalent) ...... 500.00 4.00 2,000.00 12.00 24,000.00 60.98 1,463.520.00
Description of the need for the HUD encourages interested parties to ACTION: Notice of Fiscal Year (FY) 2020 information and proposed use: Collect submit comment in response to these Fair Market Rents (FMRs) and Response data on the progress of grantees’ questions. to Public Comments on the June 5, 2019 programs. Federal Register notice announcing two C. Authority method changes in the calculation of B. Solicitation of Public Comment Section 3507 of the Paperwork FMRs. This notice is soliciting comments Reduction Act of 1995, 44 U.S.C. SUMMARY: Section 8(c)(1) of the United from members of the public and affected Chapter 35. States Housing Act of 1937 (USHA), as parties concerning the collection of Dated: August 15, 2019. amended by the Housing Opportunities information described in Section A on Anna P. Guido, Through Modernization Act of 2016 the following: Department Reports Management Officer, (HOTMA), requires the Secretary to (1) Whether the proposed collection Office of the Chief Information Officer. publish FMRs not less than annually, of information is necessary for the [FR Doc. 2019–18799 Filed 8–29–19; 8:45 am] adjusted to be effective on October 1 of proper performance of the functions of BILLING CODE 4210–67–P each year. This notice describes the the agency, including whether the methods used to calculate the FY 2020 information will have practical utility; FMRs and enumerates the procedures (2) The accuracy of the agency’s DEPARTMENT OF HOUSING AND for Public Housing Agencies (PHAs) and estimate of the burden of the proposed URBAN DEVELOPMENT other interested parties to request collection of information; reevaluations of their FMRs as required [Docket No. FR–6161–N–02] by HOTMA. This notice also discusses (3) Ways to enhance the quality, the comments received on the Notice of utility, and clarity of the information to Fair Market Rents for the Housing Proposed Changes to the Methodology be collected; and Choice Voucher Program, Moderate Used for Estimating Fair Market Rents (4) Ways to minimize the burden of Rehabilitation Single Room Occupancy (84 FR 26141). the collection of information on those Program, and Other Programs Fiscal DATES: Comment Due Date: September who are to respond; including through Year 2020 30, 2019. the use of appropriate automated Effective Date: October 1, 2019 unless collection techniques or other forms of AGENCY: Office of the Assistant HUD receives a valid request for information technology, e.g., permitting Secretary for Policy Development and reevaluation of specific area FMRs as electronic submission of responses. Research, HUD. described below.
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ADDRESSES: HUD invites interested comments or requests for FMR methods and data used to compute each persons to submit comments regarding reevaluation are not acceptable. area’s FY 2020 FMRs is available at the FMRs and to request reevaluation of Public Inspection of Public Comments https://www.huduser.gov/portal/ the FY 2020 FMRs to the Regulations and Reevaluation Requests. All properly datasets/fmr.html#2020_query. FY 2020 Division, Office of General Counsel, submitted comments and reevaluation FMRs are available in a variety of Department of Housing and Urban requests and communications regarding electronic formats at https:// Development, 451 Seventh Street SW, this notice submitted to HUD will be www.huduser.gov/portal/datasets/ Room 10276, Washington, DC 20410– available for public inspection and fmr.html. FMRs may be accessed in PDF 0001. Communications must refer to the copying between 8 a.m. and 5 p.m. as well as in Microsoft Excel. Small above docket number and title and weekdays at the above address. Due to Area FMRs for all metropolitan FMR should contain the information security measures at the HUD areas are available in Microsoft Excel specified in the ‘‘Request for Comments/ Headquarters building, an advance format at: https://www.huduser.gov/ Request for Reevaluation’’ section. appointment to review the public portal/datasets/fmr/smallarea/ There are two methods for submitting comments and reevaluation requests index.html. public comments. must be scheduled by calling the SUPPLEMENTARY INFORMATION: 1. Submission of Comments by Mail. Regulations Division at 202–708–3055 Comments or requests for reevaluation (this is not a toll-free number). I. Background may be submitted by mail to the Individuals with speech or hearing Section 8 of the USHA (42 U.S.C. Regulations Division, Office of General impairments may access this number 1437f) authorizes housing assistance to Counsel, Department of Housing and through TTY by calling the Federal aid lower-income families in renting Urban Development, 451 7th Street SW, Relay Service at 800–877–8339 (toll-free safe and decent housing. Housing Room 10276, Washington, DC 20410– number). Copies of all comments and assistance payments are limited by 0500. Due to security measures at all reevaluation requests submitted are FMRs established by HUD for different federal agencies, however, submission available for inspection and geographic areas. In the Housing Choice of comments by mail often results in downloading at https:// Voucher (HCV) program, the FMR is the delayed delivery. To ensure timely www.regulations.gov. basis for determining the ‘‘payment receipt of comments or reevaluation FOR FURTHER INFORMATION CONTACT: For standard amount’’ used to calculate the requests, HUD recommends that technical information on the maximum monthly subsidy for an comments or requests submitted by mail methodology used to develop FMRs or assisted family. See 24 CFR 982.503. be submitted at least two weeks in a listing of all FMRs, please call the HUD also uses the FMRs to determine advance of the deadline. HUD will make HUD USER information line at 800– initial renewal rents for some expiring all comments or reevaluation requests 245–2691 or access the information on project-based Section 8 contracts, initial received by mail available to the public the HUD USER website https:// rents for housing assistance payment at https://www.regulations.gov. www.huduser.gov/portal/datasets/ contracts in the Moderate Rehabilitation 2. Electronic Submission of fmr.html. FMRs are listed at the 40th Single Room Occupancy program, rent Comments. Interested persons may percentile in Schedule B. For ceilings for rental units in both the submit comments or reevaluation informational purposes, 50th percentile HOME Investment Partnerships program requests electronically through the rents for all FMR areas will be and the Emergency Solution Grants Federal eRulemaking Portal at https:// published at https://www.huduser.gov/ program, calculation of maximum www.regulations.gov. HUD strongly portal/datasets/50per.html. award amounts for Continuum of Care encourages commenters to submit Questions related to use of FMRs or recipients and the maximum amount of comments or reevaluation requests voucher payment standards should be rent a recipient may pay for property electronically. Electronic submission of directed to the respective local HUD leased with Continuum of Care funds, comments or reevaluation requests program staff. Questions on how to and calculation of flat rents in Public allows the author maximum time to conduct FMR surveys may be addressed Housing units. In general, the FMR for prepare and submit a comment or to Marie L. Lihn or Peter B. Kahn of the an area is the amount that would be reevaluation request, ensures timely Program Parameters and Research needed to pay the gross rent (shelter receipt by HUD, and enables HUD to Division, Office of Economic Affairs, rent plus utilities) of privately owned, make them immediately available to the Office of Policy Development and decent, and safe rental housing of a public. Comments or reevaluation Research at HUD headquarters, 451 7th modest (non-luxury) nature with requests submitted electronically Street SW, Room 8208, Washington, DC suitable amenities and is typically set at through the https://www.regulations.gov 20410; telephone number 202–402–2409 the 40th percentile of the distribution of website can be viewed by other (this is not a toll-free number), or they gross rents. HUD’s FMR calculations submitters and interested members of may be reached at [email protected]. represent HUD’s best effort to estimate the public. Commenters or reevaluation Persons with hearing or speech the 40th percentile gross rent paid by requestors should follow instructions impairments may access HUD numbers recent movers into standard quality provided on that site to submit through TTY by calling the Federal units in each FMR area. In addition, all comments or reevaluation requests Relay Service at 800–877–8339 (toll-free rents subsidized under the HCV electronically. number). program must meet reasonable rent Note: To receive consideration as Electronic Data Availability. This standards. public comments or reevaluation Federal Register notice will be available On November 16, 2016 (81 FR 80567), requests, comments or requests must be electronically from the HUD User page HUD published a Final Rule entitled submitted through one of the two at https://www.huduser.gov/portal/ ‘‘Establishing a More Effective Fair methods specified above. Again, all datasets/fmr.html. Federal Register Market Rent System; Using Small Area submissions must refer to the docket notices also are available electronically Fair Market Rents in the Housing Choice number and title of the notice. from https://www.federalregister.gov/ Voucher Program Instead of the Current No Facsimile Comments or the U.S. Government Printing Office 50th Percentile FMRs’’ (Small Area FMR Reevaluation Requests. Facsimile (FAX) website. Complete documentation of the final rule), with an effective date of
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January 17, 2017. The Small Area FMR notify the public that FY 2020 FMRs are estimates must be based on at least 100 final rule eliminated the 50th percentile available at https://www.huduser.gov/ observations in order to be used as base FMR provisions in the FMR regulations portal/datasets/fmr.html and will rents. (24 CFR 888.113) 1 and for the first time become effective on October 1, 2019. For areas in which the 5-year ACS since FY 2001, there are no designated This notice also provides procedures for data for two-bedroom, standard quality 50th percentile areas in FY 2020 FMRs. FMR reevaluation requests. gross rents do not pass the statistical There were three areas still designated reliability tests (i.e., have a margin of as 50th percentile FMRs in FY 2019. III. FMR Methodology error ratio greater than 50 percent or Two of the areas, Bergen-Passaic, NJ This section provides a brief overview fewer than 100 observations), HUD will HUD Metro FMR Area, San Diego- of how HUD computes the FY 2020 use an average of the base rents over the Carlsbad-San Marcos, CA MSA, were FMRs. HUD is making changes to the three most recent years (provided that identified as Small Area FMR required estimation methodology for FMRs as there is data available for at least two of areas in the November 2016 rulemaking discussed in the June 5, 2019 Federal these years),3 or if such data is not and are required to use Small Area Register notice, ‘‘Proposed Changes to available, using the two-bedroom rent FMRs in the administration of their the Methodology Used for Estimating data within the next largest geographic Housing Choice Voucher programs. FMRs’’ (84 FR 26141), see the online area, which for a non-metropolitan area PHAs in the Spokane, WA HUD Metro documents tab at https:// would be the state non-metro area rent FMR area that meet the deconcentration www.huduser.gov/portal/datasets/ data. criteria specified in 24 CFR 982.503(f), fmr.html#2020. HUD is replacing the HUD has updated base rents each year available at: https://www.gpo.gov/fdsys/ national trend factor with local and based on new 5-year data since FY 2012, pkg/CFR-2016-title24-vol4/pdf/CFR- regional trend factors in order to for which HUD used 2005–2009 ACS 2016-title24-vol4-sec982-503.pdf may improve the accuracy of the FMRs. In data. HUD is also updating base rents obtain HUD Field Office approval to addition, for Small Area FMRs, HUD is for Puerto Rico FMRs using data maintain payment standards based on including the ‘‘neighboring policy’’ as collected between 2013 and 2017 50th percentile rents on that basis. the next step when a ZIP Code through the Puerto Rico Community The FMRs values published in Tabulation Area (ZCTA) does not have Survey (PRCS); HUD first updated the Schedule B will be 40th percentile reliable data. This improvement Puerto Rico base rents in FY 2014 based values for FY 2020 for the Bergen- determines if there is reliable data for on 2007–2011 PRCS data collected Passaic, NJ HUD Metro FMR Area, San bordering ZCTAs and uses this data through the ACS program. Diego-Carlsbad-San Marcos, CA MSA, before going to county-based Small Area HUD historically based FMRs on gross and Spokane, WA HUD Metro FMR FMRs. rents for recent movers (those who have Area. In conjunction with the use of 2017 moved into their current residence in American Community Survey (ACS) the last 24 months) measured directly. II. Procedures for the Development of data, HUD has implemented the However, due to the way Census FMRs following geography changes: Bedford constructs the 5-year ACS data, HUD Section 8(c)(1) of the USHA, as City, VA is no longer an incorporated developed a new method for calculating amended by HOTMA (Pub. L. 114–201, city in the Lynchburg, VA MSA, so it is recent-mover FMRs in FY 2012, which approved July 29, 2016), requires the not listed separately in either the HUD continues to use in FY 2020: HUD Secretary of HUD to publish FMRs not Schedule B table or the EXCEL data assigns all areas a base rent, which is less than annually. Section 8(c)(1)(A) files; it continues to receive the FMR for the two-bedroom standard quality 5- states that each FMR ‘‘shall be adjusted Lynchburg, VA MSA. year gross rent estimate from the ACS; to be effective on October 1 of each year then, because HUD’s regulations A. Base Year Rents to reflect changes, based on the most mandate that FMRs must be published recent available data trended so the For FY 2020 FMRs, HUD uses the U.S. as recent mover gross rents, HUD rentals will be current for the year to Census Bureau’s 5-year ACS data applies a recent mover factor to the base which they apply. . .’’ Section collected between 2013 and 2017 rents assigned from the 5-year ACS 8(c)(1)(B) requires that HUD publish, (released in December of 2018) as the data.4 The calculation of the recent not less than annually, new FMRs on base rents for the FMR calculations. mover factor is described below. the World Wide Web or in any other HUD pairs a ‘‘margin of error’’ test 2 manner specified by the Secretary, and with an additional test based on the B. Recent Mover Factor that HUD must also notify the public of number of survey observations Following the assignment of the when it publishes FMRs by Federal supporting the estimate in order to standard quality two-bedroom rent Register notice. After notification, the improve the statistical reliability of the described above, HUD applies a recent FMRs ‘‘shall become effective no earlier ACS data used in the FMR calculations. than 30 days after the date of such The Census Bureau does not provide 3 For FY 2020, the three years of ACS data in publication,’’ and HUD must provide a HUD with an exact count of the number question are 2015, 2016 and 2017. The 2015 data are adjusted to be denominated in 2017 dollars procedure for the public to comment of observations supporting the ACS using the growth in Consumer Price Index (CPI)- and request a reevaluation of the FMRs estimate; rather, the Census Bureau based gross rents measured between 2015 and 2017. in a jurisdiction before the FMRs provides HUD with categories of the Similarly, the 2016 gross rent data is adjusted to become effective. Consistent with the number of survey responses underlying 2017 denominated dollars using the growth in CPI- based gross rents measured between 2016 and 2017. statute, HUD is issuing this notice to the estimate, including whether the 4 HUD’s regulations incorporate recent mover estimate is based on more than 100 data into FMR calculations because the gross rents 1 Separately from the Small Area FMR observations. Using these categories, of those who most recently moved into their units regulations, HUD also calculates and posts 50th HUD requires that, in addition to the likely depicts the most current market conditions percentile rent estimates for the purposes of observable through the ACS. Rents paid by renters Success Rate Payment Standards as defined at 24 ‘‘margin of error’’ test, ACS rent renewing existing leases may not reflect the most CFR 982.503(e) (estimates available at: https:// current market conditions, in part because these www.huduser.gov/portal/datasets/50per.html), 2 HUD’s margin of error test requires that the renters may have clauses within their leases that which policy was not changed by the Small Area margin of error of the ACS estimate is less than half predetermine the annual increases in rents paid FMR rule. the size of the estimate itself. (i.e., rent escalator clauses).
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mover factor to these rents. HUD aggregated metropolitan parts of the the mid-point of the 5-year ACS data is calculates the recent mover factor as the state, and state. more recent than the local survey. change between the 5-year 2013–2017 • In non-metropolitan areas, the order D. Updates From 2017 to 2018 standard quality two-bedroom gross rent is the FMR area, aggregated non- and the 1-year 2017 recent mover gross metropolitan parts of the state, and HUD updates the ACS-based ‘‘as of’’ rent for the recent mover factor area. state. 2017 rent through the end of 2018 using HUD does not allow recent mover The process for calculating each area’s the annual change in gross rents factors to lower the standard quality recent mover factor is detailed in the FY measured through the Consumer Price base rent; therefore, if the 5-year 2020 FMR documentation system Index (CPI) from 2017 to 2018 (CPI standard quality rent is larger than the available at: https://www.huduser.gov/ update factor). As in previous years, comparable 1-year recent mover rent, portal/datasets/fmr.html#2020_query. HUD uses local CPI data coupled with the recent mover factor is set to 1 so the Applying the recent mover factor to the Consumer Expenditure Survey data for base rent is updated and trended. When standard quality base rent produces an FMR areas within Class A metropolitan the recent mover factor is greater than ‘‘as of’’ 2017 recent mover two-bedroom areas covered by local CPI data. In 2018, one, the base rent is effectively replaced gross rent for the FMR area. the Bureau of Labor Statistics (BLS) changed the area definitions of its Class with the recent mover rent for that area C. Other Rent Survey Data and that is what is updated and trended. A metropolitan areas from the 1990 For virtually all metropolitan areas, one- HUD calculated base rents for the definition of Primary Metropolitan year recent mover data is the basis for insular areas using the 2010 decennial Statistical Areas (PMSA) to smaller the updated and trended FMRs. census of American Samoa, Guam, the CBSA-based MSAs. In addition, BLS The calculation of the recent mover Northern Mariana Islands, and the eliminated some areas from this Class A factor for FY 2020 continues to use Virgin Islands beginning with the FY collection: Pittsburgh, PA MSA; statistical reliability requirements that 2016 FMRs.6 This 2010 base year data Cleveland-Elyria, OH MSA; Cincinnati, are similar to those for base rents. That is updated through 2017 for the FY 2020 OH–KY–IN MSA; Kansas City, MO–KS is, for a recent mover gross rent estimate FMRs using national ACS data. MSA; Milwaukee-Waukesha-West Allis, to be considered statistically reliable, HUD does not use ACS data to WI MSA; and Portland-Vancouver- the estimate must have a margin of error establish the base rent or recent mover Hillsboro, OR–WA MSA. HUD will ratio that is less than 50 percent, and the factor for 19 areas where the FY 2020 estimate these areas’ FMRs using FMR was adjusted based on survey data: regional CPI beginning with the FY 2020 estimate must be based on 100 or more • observations. Survey data from 2017 is used to FMRs. HUD uses CPI data aggregated at When an FMR area does not have adjust the FMRs for Seattle-Bellevue, the Census region level for all Class B statistically reliable two-bedroom recent WA HMFA; Hood River County, OR; and C size metropolitan areas and non- mover data, the ‘‘all-bedroom’’ 5 1-year Wasco County, OR; Hawaii County, HI; metropolitan areas. Additionally, HUD recent mover ACS data for the FMR area Jonesboro, AR HMFA; Santa Maria- uses CPI data collected locally in Puerto is tested for statistical reliability. An Santa Barbara, CA MSA; and Urban Rico as the basis for CPI adjustments ‘‘all-bedroom’’ recent mover factor from Honolulu, HI MSA. from 2017 to 2018 for all Puerto Rico • the FMR area will be used, if Survey data from 2018 is used to FMR areas. statistically reliable, before substituting adjust the FMR for Santa Cruz- E. Trend Factor Forecasts a two-bedroom recent mover factor from Watsonville, CA MSA; Portland- Vancouver-Hillsboro, OR–WA; Following the application of the the next larger geography. Incorporating appropriate CPI update factor, HUD ‘‘all-bedroom’’ rents into the recent Burlington-South Burlington, VT; Coos County, OR; Curry County, OR; trends the gross rent estimate from 2018 mover factor calculation when to FY 2020 using local and regional statistically reliable two-bedroom data is Oakland-Fremont, CA HUD Metro FMR Area; San Francisco, CA HUD Metro forecasts of the CPI gross rent data as not available preserves the use of local proposed in the June 5, 2019 Federal information to the greatest extent FMR Area; San Jose-Sunnyvale-Santa Clara, CA HUD Metro FMR Area; Register notice (84 FR 26141). possible. Riverside-San Bernardino-Ontario, CA However, where statistically reliable Boston-Cambridge-Quincy, MA–NH HUD Metro FMR Area; Douglas County, MSA as a newly designated Class A city ‘‘all-bedroom’’ data is not available, (it was previously part of the Los HUD will continue to base FMR areas’ OR; and San Diego-Carlsbad, CA MSA. • Survey data from 2019 is used to Angeles PMSA) has data for a 2018 CPI recent mover factors on larger update, but does not have enough data geographic areas, following the same adjust the FMRs for Kauai County, HI. For larger metropolitan areas that for a trend factor forecast; therefore, its procedures used historically: HUD tests trend factor is the regional (West) trend data from differently sized geographic have valid ACS one-year recent mover data, survey data may not be any older factor. The actual model used for each areas in the following order (from small trend factor has been chosen based on to large), and bases the recent mover than the midpoint of the calendar year for the ACS one-year data. Since the which model generates the lowest Root factor on the first statistically reliable Mean Square Error (RMSE) statistic. As recent mover rent estimate in the ACS one-year data used for the FY 2020 FMRs is from 2017, larger areas may not detailed in the June 5 notice, the trend geographic hierarchy listed below. factors were selected from a series of • For metropolitan areas that are use survey data collected before June 30, time series models based on national subareas of larger metropolitan areas, 2017 for the FY 2020 FMRs. Smaller inputs (National Input Model or NIM), the order is the FMR area, metropolitan areas without 1-year ACS data, may local inputs (Local Input Model or LIM) area, aggregated metropolitan parts of continue to use local survey data until and historical values of the predicted the state, and state. 6 series (Pure Time Series—PTS). HUD • For metropolitan areas that are not The ACS is not conducted in the Pacific Islands (Guam, Northern Marianas and American Samoa) or will hold the type of model selected divided, the order is the FMR area, the US Virgin Islands. As part of the 2010 Decennial (NIM, LIM, or PTS) constant for 5 years Census, the Census Bureau conducted ‘‘long-form’’ 5 ‘‘All-bedroom’’ refers to estimates aggregated sample surveys for these areas. The results gathered and will reassess the model selections together regardless of the number of bedrooms in by this long form survey have been incorporated during the calculation of the FY 2025 the dwelling unit. into the FY 2020 FMRs. FMRs. For instances when HUD changes
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the functional form of the model (NIM, HUD’s policy to set higher rents for G. Other Limits on FMRs 7 PTS, LIM) for a geographic area that is these units. This adjustment is All FMRs are subject to a state or different from the previous model intended to increase the likelihood that national minimum. HUD calculates a selection, HUD will ensure the change the largest families, who have the most population-weighted median two- is not due to overfitting the model or difficulty in leasing units, will be bedroom 40th percentile rent across all outliers in the data. HUD will update successful in finding eligible program non-metropolitan portions of each state, and run the gross rent forecast models units. The adjustment adds 8.7 percent which, for the purposes of FMRs, is the annually with updated actual data and to the unadjusted three-bedroom FMR state minimum rent. State-minimum newly created input forecasts. estimates and adds 7.7 percent to the rents for each FMR area are available in E. Bedroom Rent Adjustments unadjusted four-bedroom FMR the FY 2020 FMR Documentation estimates. HUD updates the bedroom ratios used System, available at https:// in the calculation of FMRs annually. HUD derives FMRs for units with www.huduser.gov/portal/datasets/ _ The bedroom ratios which HUD used in more than four bedrooms by adding 15 fmr.html#2020 query. HUD also the calculation of FY 2020 FMRs have percent to the four-bedroom FMR for calculates the population-weighted been updated using average data from each extra bedroom. For example, the median two-bedroom 40th percentile three five-year ACS data series (2011– FMR for a five-bedroom unit is 1.15 rent across all non-metropolitan 2015, 2012–2016, and 2013–2017). The times the four-bedroom FMR, and the portions of the country, which, for the bedroom ratio methodology used in this FMR for a six-bedroom unit is 1.30 purposes of FMRs, is the national update is unchanged from previous times the four-bedroom FMR. Similarly, minimum rent. For FY 2020, the calculations using 2000 Census data. HUD derives FMRs for single-room national minimum rent is $714. The HUD only uses estimates with a margin occupancy units by subtracting 25 applicable minimum rent for a of error ratio of less than 50 percent. If percent from the zero-bedroom FMR particular area is the lower of the state an area does not have reliable estimates (i.e., they are set at 0.75 times the zero- or national minimum. Each area’s two- in at least two of the previous three ACS bedroom (efficiency) FMR).8 bedroom FMR must be no less than the releases, bedroom ratios for the area’s applicable minimum rent. larger parent geography are used. F. Limit on FMR Decreases As in prior years, Small Area FMRs HUD uses two-bedroom units for its Within the Small Area FMR final rule are subject to a maximum limit. HUD limits each two-bedroom Small Area primary calculation of FMR estimates. published on November 16, 2016, HUD FMR to be no more than 150 percent of This is generally the most common size amended 24 CFR 888.113 to include a the two-bedroom FMR for the of rental unit and, therefore, the most limit on the amount that FMRs may metropolitan area where the ZIP code is reliable to survey and analyze. After annually decrease. The current year’s located. estimating two-bedroom FMRs, HUD FMRs resulting from the application of calculates bedroom ratios for each FMR the bedroom ratios, as discussed in IV. Manufactured Home Space Surveys area which relate the prices of smaller section (E) above, may be no less than and larger units to the cost of two- HOTMA changed the manner in 90 percent of the prior year’s FMRs for bedroom units. To prevent illogical which vouchers are used to subsidize units with the same number of results in particular FMR areas, HUD manufactured home units. Please see establishes bedroom interval ranges bedrooms. Accordingly, if the current HUD’s Notice from January 18, 2017 (82 which set upper and lower limits for year’s FMRs are less than 90 percent of FR 5458) for more detailed information bedroom ratios nationwide, based on an the prior year’s FMRs as calculated by concerning the use of vouchers for analysis of the range of such intervals the above methodology, HUD sets the manufactured home units. Due to the for all areas with large enough samples current year’s FMRs equal to 90 percent nature of these changes, HUD will no to permit accurate bedroom ratio of the prior year’s FMRs. For areas longer be publishing exception rents for determinations. where use of Small Area FMRs in the Manufactured Home Space pad rents. In the calculation of FY 2020 FMR administration of their voucher V. Small Area FMRs estimates, HUD set the bedroom interval programs is required, the FY 2020 Small ranges as follows: Efficiency FMRs are Area FMRs may be no less than 90 PHAs operating the Housing Choice constrained to fall between 0.65 and percent of the FY 2019 Small Area Voucher (HCV) program in the 24 0.85 of the two-bedroom FMR; one- FMRs. For all other metropolitan areas, metropolitan areas identified in the bedroom FMRs must be between 0.76 for which Small Area FMRs are November 16, 2016 Federal Register and 0.88 of the two-bedroom FMR; calculated so that they may be used for notice ‘‘Small Area Fair Market Rents in three-bedroom FMRs (prior to the other allowable purposes if desired (e.g., Housing Choice Voucher Program adjustments described below) must be exception payment standards, public Values for Selection Criteria and between 1.15 and 1.33 of the two- housing flat rents), the FY 2020 Small Metropolitan Areas Subject to Small bedroom FMR; and four-bedroom FMRs Area FMRs may be no less than 90 Area Fair Market Rents’’ (81 FR 80678) (again, prior to adjustment) must be percent of the greater of the FY 2019 are required to use Small Area FMRs between 1.26 and 1.63 of the two- metropolitan area-wide FMRs or the unless the PHA has received a bedroom FMR. Given that these interval applicable FY 2019 Small Area FMR. temporary exemption from the use of ranges partially overlap across unit Small Area FMRs; HUD has suspended bedroom counts, HUD further adjusts 7 As mentioned above, HUD applies the interval the Small Area FMR designation for the bedroom ratios for a given FMR area, if ranges for the three-bedroom and four-bedroom metropolitan area under 24 CFR FMR ratios prior to making these adjustments. In necessary, to ensure that higher other words, the adjusted three- and four-bedroom 888.113(c)(4); or the PHA is an MTW bedroom-count units have higher rents FMRs can exceed the interval ranges, but the PHA with an approved alternative than lower bedroom-count units within unadjusted FMRs cannot. payment standard policy. For more that area. The bedroom ratios for Puerto 8 As established in the interim rules information on the process for obtaining implementing the provisions of the Quality Housing Rico follow these constraints. and Work Responsibility Act of 1998 (Title V of the a temporary exemption or area-wide HUD also further adjusts the rents for FY 1999 HUD Appropriations Act; Pub. L. 105– suspension, please see PIH Notice 2018– three-bedroom and larger units to reflect 276). In 24 CFR 982.604. 01: Guidance on Recent Changes in Fair
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Market Rent (FMR), Payment Standard, by the similar median gross rent for the PHAs or other parties interested in and Rent Reasonableness Requirements metropolitan area of the ZIP code. If a requesting HUD’s reevaluation of their in the Housing Choice Voucher ZCTA does not have reliable rent data area’s FY 2020 FMRs, as provided for Program, item (9) beginning on page 13, at the all bedroom level, HUD will then under section 8(c)(1)(B) of USHA, must available at: https://www.hud.gov/sites/ check to see if the ZCTA is bordered by follow the following procedures: dfiles/PIH/documents/PIH-2018-01.pdf. ZCTAs that themselves have reliable 1. By the end of the comment period, Small Area FMRs for all metropolitan rent data. If at least half of a ZCTA’s such reevaluation requests must be areas are listed in the Schedule B ‘‘neighbors’’ have such data, the submitted publicly through https:// addendum. Other metropolitan PHAs weighted average of those estimates will www.regulations.gov or directly to HUD interested in using Small Area FMRs in be used as the basis for the SAFMR as described above. The area’s PHA or, the operation of their Housing Choice rather than a county proxy, where the in multijurisdictional areas, PHA(s) Voucher program should contact their weight is the length of the shared representing at least half of the voucher local HUD field office to request boundary between the ZCTA and its tenants in the FMR area, must agree that approval from HUD to do so. neighbor. This is a new step, as the reevaluation is necessary. In the FY 2018 FMR Federal Register proposed in the Federal Register notice, 2. In order for a reevaluation to occur, notice (82 FR 41637), HUD announced ‘‘Proposed Changes to the Methodology the requestor(s) must supply HUD with changes in the way Small Area FMRs Used for Estimating FMRs’’ (84 FR data more recent than the 2017 ACS are calculated and continues this change 26141). In small areas where the data used in the calculation of the FY for the FY 2020 Small Area FMRs. HUD neighboring ZCTA median gross rents 2020 FMRs. HUD requires data on gross calculates Small Area FMRs directly are not statistically reliable, HUD rents paid in the FMR area for standard from the standard quality gross rents continues to substitute the median gross quality rental housing units. The data provided to HUD by the Census Bureau rent for the county containing the ZIP delivered must be sufficient for HUD to for ZIP Code Tabulation Areas (ZCTAs), code in the numerator of the rent ratio calculate a 40th and 50th percentile when such data is statistically reliable, calculation. HUD multiplies this rent two-bedroom rent.10 Should this type of instead of using the current rent ratio ratio by the current two-bedroom rent data not be available, requestors may calculation. The ZCTA two-bedroom for the metropolitan area containing the gather this information using the survey equivalent 40th percentile gross rent is small area to generate the current year guidance available at https:// analogous to the standard quality base two-bedroom rent for the small area. www.huduser.gov/portal/datasets/fmr/ rents set for metropolitan areas and non- HUD continues to use a rolling NoteRevisedAreaSurveyProcedures.pdf metropolitan counties. For each ZCTA average of ACS data in calculating the and https://www.huduser.gov/portal/ with statistically reliable gross rent Small Area FMR rent ratios. HUD datasets/fmr/PrinciplesforPHA- estimates, using the expanded test of believes coupling the most current data ConductedAreaRentSurveys.pdf. statistical reliability first used in FY with previous year’s data minimizes 3. On or about October 2, HUD will 2018 (i.e., estimates with margins of post a list, at https://www.huduser.gov/ error ratios below 50 percent and based excessive year-to-year variability in Small Area FMR rent ratios due to portal/datasets/fmr.html, of the areas on at least 100 observations), HUD will requesting reevaluations and where FY calculate a two-bedroom equivalent sampling variance. Therefore, for FY 2020 Small Area FMRs, HUD has 2019 FMRs remain in effect. 40th percentile gross rent using the first 4. Data for reevaluations must be statistically reliable gross rent updated the rent ratios to use an average of the rent ratios calculated from the supplied to HUD no later than Friday distribution data from the following January 10, 2020. On Monday January data sets (in this order): Two-bedroom 2011–2015, 2012–2016, and 2013–2017 5-year ACS estimates. 13, 2020, HUD will post at https:// gross rents, one-bedroom gross rents, www.huduser.gov/portal/datasets/ and three-bedroom gross rents. If either VI. Request for Public Comments and fmr.html a listing of the areas that the one-bedroom or three-bedroom gross FMR Reevaluations requested FMR reevaluations but did rent data is used because the two- In the next Section, HUD will respond not deliver data and making the FY bedroom gross rent data is not 2020 FMRs effective in these areas. statistically reliable, the one-bedroom or to the comments on its proposed methodology changes, which have been 5. HUD will use the data delivered by three-bedroom 40th percentile gross rent January 10, 2020 to reevaluate the FMRs will be converted to a two-bedroom incorporated in the use of more local trend factors and use of more local data and following the reevaluation, will equivalent rent using the bedroom ratios post revised FMRs with an for the ZCTA’s parent metropolitan area. for the Small Area FMRs. HUD will accompanying Federal Register notice To increase stability to these Small Area continue to accept public comments on stating the revised FMRs are available, FMR estimates, HUD averages the latest the methods HUD uses to calculate FY which will include HUD responses to three years of gross rent estimates.9 2020 FMRs, including Small Area For ZCTAs without usable gross rent FMRs, and the FMR levels for specific comments filed during the comment data by bedroom size, HUD will areas. Due to its current funding levels, period for this notice. continue to calculate Small Area FMRs HUD does not have sufficient resources 6. Any data supporting a change in using the rent ratio method similar to to conduct local surveys of rents to FMRs supplied after January 10, 2020 that HUD has used in past Small Area address comments filed regarding the will be incorporated into FY 2021 FMR calculations. To calculate Small FMR levels for specific areas. PHAs may FMRs. Area FMRs using a rent ratio, HUD continue to fund such surveys 7. PHAs operating in areas where the divides the median gross rent across all independently, as specified below, calculated FMR is lower than the bedrooms for the small area (a ZIP code) using ongoing administrative fees or published FMR (i.e., those areas where their administrative fee reserve if they HUD has limited the decrease in the 9 For example, for FY 2020 Small Area FMRs, so choose. HUD continually strives to annual change in the FMR to 10 HUD averages the gross rents from 2015, 2016, and calculate FMRs that meet the statutory 2017 5-Year ACS estimates. The 2015 and 2016 10 Although there are no 50th percentile FMRs for gross rent estimates would be adjusted to 2017 requirement of using ‘‘the most recent FY 2020, HUD must calculate 50th percentile rents dollars using the metropolitan area’s gross rent CPI available data’’ while also serving as an for the Success Rate Payment Standard under 24 adjustment factors. effective program parameter. CFR 982.503(e).
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percent) may request payment standards only required to get 100 eligible survey area’s FMR, HUD requires more current below the basic range (24 CFR responses. In certain circumstances, rental market data than the 2017 ACS. 982.503(d)) and reference the PHAs may conduct surveys of groups of HUD encourages a PHA or other ‘‘unfloored’’ rents (i.e., the unfinalized non-metropolitan counties. HUD must interested party that believes the FMR FMRs calculated by HUD prior to approve all county-grouped surveys in in their area is incorrect to file a application of the 10-percent-decrease advance. PHAs are cautioned that the comment even if they do not have the limit) depicted in the FY 2020 FMR resulting FMRs may not be identical for resources to provide market-wide rental Documentation System (available at: the counties surveyed; each individual data. In these instances, HUD will use https://www.huduser.gov/portal/ FMR area will have a separate FMR the comments, should survey funding datasets/fmr.html#2020_query. based on the relationship of rents in that be restored, when determining the areas Questions on how to conduct FMR area to the combined rents in the cluster HUD will select for HUD-funded local surveys may be addressed to Marie L. of FMR areas. In addition, PHAs are area rent surveys. Lihn or Peter B. Kahn of the Program advised that in counties where FMRs VII. Public Comments on Notice of Parameters and Research Division, are based on the combined rents in the Proposed Changes to the Methodology Office of Economic Affairs, Office of cluster of FMR areas, HUD will not Used for Estimating Fair Market Rents Policy Development and Research at revise their FMRs unless the grouped HUD headquarters, 451 7th Street SW, survey results show a revised FMR HUD received 25 comments Room 8208, Washington, DC 20410; statistically different from the combined addressing the proposed changes to the telephone number 202–402–2409 (this rent level. methodology of calculating FMRs. There is not a toll-free number), or they may Survey samples should preferably be are three additional comments that be reached at [email protected]. randomly drawn from a complete list of appear to be mistakenly filed with this For small metropolitan areas without rental units for the FMR area. If this is notice as they do not pertain to FMRs. one-year ACS data and non- not feasible, the selected sample must There are two proposed methodology metropolitan counties, HUD has be drawn to be statistically changes to the calculation of FMRs. The developed a method using mail surveys representative of the entire rental first concerns the use of local or regional that is discussed on the FMR web page: housing stock of the FMR area. Surveys trend factors in place of the national https://www.huduser.gov/portal/ must include units at all rent levels and trend factor that has historically been datasets/fmr.html#survey_info. This be representative by structure type used. The more local trend factors were method allows for the collection of as (including single-family, duplex, and proposed to improve FMR estimates to few as 100 one-bedroom, two-bedroom other small rental properties), age of better reflect the rent inflation that and three-bedroom recent mover housing unit, and geographic location. occurs between the time that ACS data (tenants that moved in last 24 months) The current 5-year ACS data should be is collected and the fiscal year for which units. used as a means of verifying if a sample the FMRs are produced. HUD proposed While HUD has not developed a is representative of the FMR area’s to use metropolitan and regional Gross specific method for mail surveys in rental housing stock. Rent Index forecasts to calculate and areas with 1-year ACS data or in areas A PHA or contractor that cannot apply more locally based trend factors not covered by ACS data, HUD would obtain the recommended number of to address concerns of FMR accuracy. apply the standard established for sample responses after reasonable While several commenters were Random-Digit Dialing (RDD) telephone efforts should consult with HUD before opposed to this change, primarily due to rent surveys. HUD will evaluate these abandoning its survey; in such the belief that HUD did not provide survey results to determine whether situations, HUD may find it appropriate enough information to evaluate the they would establish a new FMR to relax normal sample size proposal, many of the comments that statistically different from the current requirements, but in no case will fewer addressed this proposed change to the FMR, which means that the survey than 100 eligible cases be considered. trend factor supported the change to confidence interval must not include HUD has developed guidance on how more local trend factors. Consequently, the FMR. The survey should collect to provide data-supported comments on HUD replaced the national trend factor results based on 200 one-bedroom and Small Area FMRs using HUD’s special with local and regional trend factors in two-bedroom eligible recent mover units tabulations of the distribution of gross the FY 2020 FMRs. to provide a small enough confidence rents by unit bedroom count for ZIP The second proposed methodology interval for significant results in large Code Tabulation Areas. This guidance is change concerns calculating Small Area market mail surveys. Areas with available at https://www.huduser.gov/ FMRs. In calculating Small Area FMRs, statistically reliable 1-year ACS data are portal/datasets/fmr.html in the FY 2020 HUD attempts to use ZIP Code level not considered to be good candidates for FMR section and should be used by estimates where possible. In cases local surveys due to the size and interested parties in commenting on where ZIP Code level estimates are not completeness of the ACS process. whether or not the level of Small Area available or are not sufficiently reliable, Other survey methods are acceptable FMRs are too high or too low (i.e., Small HUD’s practice was to assign a Small in providing data to support Area FMRs that are larger than the gross Area FMRs based on the estimate of reevaluation requests if the survey rent necessary to make 40 percent of the gross rent for the county of the ZIP method can provide statistically units accessible for an individual zip Code. However, because metropolitan reliable, unbiased estimates of gross code or that are smaller than the gross counties are often much larger than ZIP rents paid of the entire FMR area. In rent necessary to make 40 percent of the Codes, this approach has the potential general, recommendations for FMR units accessible for a given zip code). to produce anomalous Small Area FMR changes and supporting data must HUD will post revised Small Area FMRs values where the county based Small reflect the rent levels that exist within after confirming commenters’ Area FMR is not an accurate proxy for the entire FMR area and should be calculations. neighborhood-level rents. HUD’s new statistically reliable. As stated earlier in this notice, HUD estimation method for a ZCTA without PHAs in non-metropolitan areas may is required to use the most recent data reliable rent data is to check to see if the survey three-bedroom units, in addition available when calculating FMRs. ZCTA is bordered by ZCTAs that to one- and two-bedroom units and are Therefore, in order to reevaluate an themselves have reliable rent data. If at
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least half of a ZCTA’s ‘‘neighbors’’ have 2019 Hypotheticals are based on ACS data, the hypothetical FY 2019 FMRs such data, the weighted average of those data, even in areas where a local survey may be lower because the survey rents estimates will be used as the basis for is used for FY 2019 FMRs. were not used. PHAs have the authority the Small Area FMR rather than a Comments: The new trend factor to maintain their payment standard county proxy, where the weight is methodology does not place enough levels for in place tenants when FMRs length of the shared boundary between weight on the impact of local rents in decrease. the subject ZCTA and its neighbor. calculating the FMR. The FMR Again, many of the comments that methodology can be improved by B. Neighboring ZIP Code Rents addressed this proposal were supportive increasing the weight of local housing Comments: County-based proxies and this proposal is implemented in the conditions on the formula, or by should continue to be used instead of FY 2020 FMRs. Objections to the Small returning to the policy where local rent neighboring ZCTA. Area FMR proposal were offered by survey costs may be reimbursed by HUD Response: County based proxies commenters that felt they had HUD. The local surveys being do not provide the same level of insufficient information to evaluate the conducted provide more accurate differentiation in rents and lead to proposal. information than the trend factor anomalously high and low Small Area The following summaries of methodology change, they should be FMRs. comments and responses also include used for 5 years and they should be Comments: The methodology change responses to other comments regarding funded by HUD. Several commenters for Small Area FMRs should not be the calculation of FMRs that were not were concerned that HUD would not implemented without a strict hold responsive to the specific methodology continue to use local surveys conducted harmless policy at the level of the metro changes that were the subject of the by the PHAs. FMR. Also, concerns were expressed notice. No response is provided to HUD Response: HUD is not about decreases in SAFMRs in Qualified comments that did not address FMR eliminating the use of locally conducted Opportunity Zones. surveys and HUD has never reimbursed estimation methodology. HUD Response: The purpose of using local survey costs meaning there is no neighboring ZCTA data is to better A. More Local Trend Factors such policy to which to return. HUD has localize rents and to take advantage of Comments: Some commenters were not been appropriated funding to more local data. As for hold harmless concerned that HUD would use its conduct local area surveys for FMR policies, PHAs have the right to hold flexibility in selecting from a range of purposes. The only viable avenue for their payment standards harmless for trend factor models to choose the one reimbursement of surveys is the Housing in-place tenants who choose not to resulting in the lowest FMRs, while Choice Voucher program administrative move. others asked HUD to uniformly choose fee set aside account; however, the model that provides the highest reimbursement of FMR surveys is not an Comments: HUD should investigate possible FMRs. explicitly authorized category for the spatial relationship between a ZIP HUD Response: The goal of selecting reimbursement. In the past, when HUD Code that does not appear in the ZCTA the trend factor from among several relied on decennial Census data to data set and other neighboring ZIP models based on RMSE is not to provide estimate FMRs, HUD selected and paid Codes using the ZIP+4 data set. This the lowest or highest FMR possible, but for the local surveys that would be could reduce the number of Small Area rather to provide the most accurate conducted in a given year; this contract FMRs that will continue to use a county- forecast of rent. While all of the models and source of funds no longer exists. based proxy rent estimate even with the will be updated and run annually, HUD During that time if an unselected local proposed neighboring ZIP Code will hold constant the models selected area did its own survey, its survey cost methodology. for the FY 2020 FMRs for a period of 5 was not reimbursed by HUD. Surveys HUD Response: HUD will evaluate years. are used for 5 years when there is no this proposal and may propose Comments: More information is ACS recent mover data available for the additional changes to the Small Area needed on how the models are selected. FMR area in question. HUD extends the FMR methodology, but that will require How are the Hypothetical FY 2019 use of surveys to the maximum extent publishing a methodology change notice FMRs calculated for areas that are possible with the statutory limitation of at a later date. based on local surveys? using the ‘‘most recent data available.’’ C. Other FMR Issues HUD Response: For each geography, a Comments: Commenters were sample of past quarters of CPI data are concerned about the Hypothetical FY Comments: The proposed used to forecast the most recent 8 2019 FMRs that decline with the new methodology continues to be very quarters of published CPI values. These local trend factor models. FMR complicated and does nothing to 8 quarters are the validation set. A decreases should be limited to 5 minimize the administrative burden for forecast is run on the sample CPI data, percent. Another commenter requested agencies to budget and better predict excluding the validation set. For each that FMR decreases should not be funding levels. quarter in the validation set, the known applied in the first year of a decline and HUD Response: HUD provides value is compared to the forecasted should be limited to a 5 percent detailed documentation and value to determine its RMSE. An reduction afterward explanations of how FMRs are average of the RMSE in the validation HUD Response: The decrease in the calculated. HUD has received numerous set is assigned to each geography and hypothetical FY 2019 FMRs means that comments about the inaccuracy of used in comparison to other models. the rate of growth measured by the more FMRs particularly in housing markets HUD includes information on which local forecast is slower than the national where rents are changing rapidly. The model was selected for each forecast forecast. The FMR rulemaking that was complexity of the FMR calculation area in the FY 2020 FMR completed in 2016, instituted a 10 methods reflect HUD’s best efforts to documentation system at https:// percent limit on FMR decreases. This improve the accuracy of the FMR www.huduser.gov/portal/datasets/ cannot be changed without undertaking calculations. HUD’s Office of Public and fmr.html#2020_query. The models will further rulemaking. In cases where there Indian Housing provides tools and be reassessed every 5 years. The FY were survey data used in place of ACS support to agencies in their budgeting
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activities for the Housing Choice bedroom unit sizes are calculated using condition of specific project areas or Voucher program. bedroom ratios relating the different building sites. Accordingly, under 24 Comments: FMRs are not high unit sizes to two-bedroom units. For a CFR 50.19(c)(6), this Notice is enough, they should be increased. FMRs given year, the relationship between categorically excluded from should be set at the 50th percentile. two-bedroom units and other unit sizes environmental review under the HUD should use rent reasonableness is the same; therefore, the percentage National Environmental Policy Act of data, data from all renters not just difference between the actual FY 2019 1969 (42 U.S.C. 4321). recent movers, and rental data from 2-bedroom FMR and the Hypothetical Accordingly, the Fair Market Rent additional sources such as Craigslist in two-bedroom FMR will be the same Schedules, which will not be codified in setting FMRs. across all unit sizes. 24 CFR part 888, are available at https:// HUD Response: HUD cannot Comments: HUD should discontinue www.huduser.gov/portal/datasets/ unilaterally increase FMRs without it use of Core Based Statistical Areas fmr.html. supporting data. HUD cannot change (CBSAs) as the basis of metropolitan Dated: August 21, 2019. the FMR percentile without undertaking FMR areas. These areas create Seth D. Appleton, rulemaking. Rent Reasonableness data distortions in FMRs. HUD Response: HUD has been using Assistant Secretary for Policy Development are generally not market wide and Research. assessments of gross rents paid across CBSAs as the basis of metropolitan the totality of the rental stock in an area FMRs since the FY 2006 FMRs for all Fair Market Rents for the Housing and therefore are not suitable for but the New England areas. While the Choice Voucher Program Schedule B— calculating FMRs. HUD does use ‘‘All CBSAs were larger than the FMR areas General Explanatory Notes renters’’ in setting the base rent. The in most metropolitan areas prior to FY 1. Geographic Coverage recent mover rent or recent mover 2006 FMRs, HUD instituted a policy of adjustment is only used to increase the only including new counties to a a. Metropolitan Areas—Most FMRs FMRs—we do not let the recent mover metropolitan area where the there was are market-wide rent estimates that are adjustment decrease rents. Craigslist, no rent data of its own that could be intended to provide housing opportunities throughout the geographic Axiometrics, and Apartment.com are used or where the rent data for the new area in which rental-housing units are not sources that can be relied upon for county was within five percent of the in direct competition. HUD uses the data capturing gross rents paid. HUD is metropolitan-wide rent. This was done metropolitan CBSAs, which are made reviewing the possibility of using to mitigate the effects of geography up of one or more counties, as defined alternative data sources for update changes on FMRs. Median family by OMB, with some modifications. HUD factors but cannot use these sources for incomes were also required to be within is generally assigning separate FMRs to baselining FMRs. five percent for a county to be added to Comments: HUD should incorporate an FMR area under a CBSA definition the component counties of CBSA Micropolitan Areas. vacancy rates and additional geographic change. The adjustments made to the b. Modifications to OMB data when calculating FMRs. FY 2006 area definitions to separate Definitions—Following OMB guidance, HUD Response: Vacancy rates were subparts of these areas where FMRs or the estimation procedure for the FY tested and did not add explanatory median incomes would otherwise 2020 FMRs incorporates the OMB power to the gross rent index forecasts; change significantly are continued. To definitions of metropolitan areas based further, there are not forecasts of follow HUD’s policy of providing FMRs on the CBSA standards as implemented expected vacancy rates as inputs for use at the smallest possible area of with 2000 Census data and updated by in the forecast models. geography, no counties were added to Comments: Using CPI has unintended existing metropolitan areas due to the 2010 Census in February 28, 2013, consequences; the use of CPI often recent updates in metropolitan area including incremental adjustments forces people to choose between housing definitions. All counties added to through July 15, 2015. The adjustments and Medicaid. metropolitan areas by changes in the made to the 2000 definitions to separate HUD Response: CPI has been the basis CBSA definitions will still be treated as subparts of these areas where FMRs or of our update of base year data for many separate counties for FMR calculations; median incomes would otherwise years and our trend factors for several that is, the rents from a county that is change significantly are continued. To years. This proposed change to more a subarea will not be used in the follow HUD’s policy of providing FMRs local trend factors changes the use of remaining metropolitan sub-area rent at the smallest possible area of the CPI from national to local and determination. All metropolitan areas geography, no counties were added to regional to capture differences in rent that have been subdivided by HUD will existing metropolitan areas due to changes within the nation. use ACS data which conforms to HUD’s recent updates in metropolitan area Comments: HUD should increase area definition if statistically reliable definitions. All counties added to basic range payment standard information exists. If statistically metropolitan areas by the CBSA will flexibilities. reliable data for the HUD defined area still be treated as separate counties for HUD Response: Payment standard is not available, HUD uses information FMR calculations; that is, the rents from ranges cannot be increased without from larger encompassing geographies, a county that is a sub-area will not be statutory and regulatory changes. This as described elsewhere in this notice. As used in the remaining metropolitan sub- is not something that can be done of 2018, the CPI uses areas based on area rent determination. All within the FMR calculation method CBSAs. While CBSAs represented larger metropolitan areas that have been notices; this may be done as part of a areas for the FMRs, for the CPI the subdivided by HUD will use ACS data larger package of regulatory reforms. CBSAs represent smaller areas. which conforms to HUD’s area Comments: How are bedroom sizes definition if statistically reliable calculated and why was the two- VIII. Environmental Impact information exists. If statistically bedroom the only one provided for the This Notice involves the reliable data for the HUD defined area Hypothetical FY 2019 FMRs? establishment of FMR schedules, which is not available, HUD uses information HUD Response: HUD calculates FMRs do not constitute a development from larger encompassing geographies, directly for two-bedroom units and other decision affecting the physical as described elsewhere in this notice.
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The specific counties and New DEPARTMENT OF THE INTERIOR the public to comment on an England towns and cities within each application for a permit under section state in MSAs and HMFAs were not Fish and Wildlife Service 10(a)(1)(A) of the Endangered Species changed by the July 15, 2015 OMB [FWS–R1–ES–2019–N115; Act, as amended (ESA; 16 U.S.C. 1531 metropolitan area definitions. These FXES11130100000–190–FF01E00000] et seq.). The requested permit would areas are listed in Schedule B, available allow the applicant to conduct activities online at https://www.huduser.gov/ Endangered Species; Receipt of intended to promote recovery of species portal/datasets/fmr.html. Recovery Permit Application that are listed as endangered under the ESA. 2. Unit Bedroom Count Adjustments AGENCY: Fish and Wildlife Service, Interior. Background Schedule B, available at https:// ACTION: Notice of receipt of permit With some exceptions, the ESA www.huduser.gov/portal/datasets/ application; request for comments. fmr.html, shows the FMRs for zero- prohibits activities that constitute take bedroom through four-bedroom units. SUMMARY: We, the U.S. Fish and of listed species unless a Federal permit The Schedule B addendum shows Small Wildlife Service, have received an is issued that allows such activity. The Area FMRs for all metropolitan areas. application for a permit to conduct ESA’s definition of ‘‘take’’ includes such The FMRs for unit sizes larger than four activities intended to enhance the activities as pursuing, harassing, bedrooms may be calculated by adding propagation and survival of endangered trapping, capturing, or collecting, in 15 percent to the four-bedroom FMR for species under the Endangered Species addition to hunting, shooting, harming, each extra bedroom. For example, the Act of 1973, as amended. We invite the wounding, or killing. FMR for a five-bedroom unit is 1.15 public and local, State, Tribal, and A recovery permit issued by us under times the four-bedroom FMR, and the Federal agencies to comment on this section 10(a)(1)(A) of the ESA FMR for a six-bedroom unit is 1.30 application. Before issuing the authorizes the permittee to conduct times the four-bedroom FMR. FMRs for requested permit, we will take into activities with endangered or threatened single-room-occupancy (SRO) units are consideration any information that we species for scientific purposes that 0.75 times the zero-bedroom FMR. receive during the public comment promote recovery or for enhancement of period. propagation or survival of the species. 3. Arrangement of FMR Areas and These activities often include such DATES: We must receive your written Identification of Constituent Parts prohibited actions as capture and comments on or before September 30, collection. Our regulations 2019. a. The FMR areas in the online implementing section 10(a)(1)(A) for Schedule B are listed alphabetically by ADDRESSES: Document availability and these permits are found in the Code of metropolitan FMR area and by non- comment submission: Submit requests Federal Regulations (CFR) at 50 CFR metropolitan county within each state for a copy of the application and related 17.22 for endangered wildlife species, and are available at https:// documents and submit any comments 50 CFR 17.32 for threatened wildlife www.huduser.gov/portal/datasets/ by one of the following methods. All species, 50 CFR 17.62 for endangered fmr.html. requests and comments should specify plant species, and 50 CFR 17.72 for b. The constituent counties (and New the applicant name and application threatened plant species. England towns and cities) included in number: Permit Application Available for each metropolitan FMR area are listed • Email: [email protected]. • Review and Comment immediately following the listings of the U.S. Mail: Marilet Zablan, Program FMR dollar amounts. All constituent Manager, Restoration and Endangered Proposed activities in the following parts of a metropolitan FMR area that Species Classification, Ecological permit request are for the recovery and are in more than one state can be Services, U.S. Fish and Wildlife Service, enhancement of propagation or survival identified by consulting the listings for Interior Regions 9 and 12, 911 NE 11th of the species in the wild. The ESA each applicable state. Avenue, Portland, OR 97232–4181. requires that we invite public comment FOR FURTHER INFORMATION CONTACT: c. Two non-metropolitan counties are before issuing this permit. Accordingly, listed alphabetically on each line of the Colleen Henson, Regional Recovery we invite local, State, Tribal, and non-metropolitan county listings. Permit Coordinator, Ecological Services, Federal agencies and the public to (503) 231–6131 (phone); permitsR1ES@ submit written data, views, or d. The New England towns and cities fws.gov (email). Individuals who are arguments with respect to this included in a non-metropolitan county hearing or speech impaired may call the application. The comments and are listed immediately following the Federal Relay Service at 1–800–877– recommendations that will be most county name. 8339 for TTY assistance. useful and likely to influence agency [FR Doc. 2019–18608 Filed 8–29–19; 8:45 am] SUPPLEMENTARY INFORMATION: We, the decisions are those supported by BILLING CODE 4210–67–P U.S. Fish and Wildlife Service, invite quantitative information or studies.
Applicant, city, Application No. state Species Location Take activity Permit action
TE–25955C–3 ...... Dr. Melissa Aeo, Hawaiian stilt Hawaii ...... Aeo only: Harass by floating Amend. Price, Uni- (Himantopus mexicanus eggs. versity of knudseni); Alae keokeo, All species: Harass by nest Hawaii at Hawaiian coot (Fulica monitoring; capture, han- Ma¯noa, alai); Alae ula, Hawaiian dle, measure, weigh; bio- Honolulu, HI. common gallinule sample; band, attach radio (Gallinula chloropus transmitters; release, and sandvicensis). salvage.
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Public Availability of Comments Survey, 12201 Sunrise Valley Drive, your entire comment—including your Written comments we receive become Mail Stop 905, Reston, VA 20192; by personal identifying information—may part of the administrative record email at [email protected]; or by be made publicly available at any time. associated with this action. Before telephone at (703) 648–6696. While you may ask us in your comment including your address, phone number, SUPPLEMENTARY INFORMATION: The to withhold your personal identifying email address, or other personal NEPEC provides advice and information from public review, we identifying information in your recommendations to the Director of the cannot guarantee that we will be able to comment, you should be aware that USGS on earthquake predictions and do so. your entire comment—including your related scientific research. Authority: 5 U.S.C. Appendix 2. personal identifying information—may Purpose of the Meeting: The USGS Trent Richardson, be made publicly available at any time. will update the NEPEC on work in While you can request in your comment response to prior recommendations, Deputy Associate Director for Natural Hazards. that we withhold your personal most notably on initial implementation identifying information from public of a nationwide operational aftershock [FR Doc. 2019–18822 Filed 8–29–19; 8:45 am] review, we cannot guarantee that we forecasting system, and on planned BILLING CODE 4338–11–P will be able to do so. All submissions improvements to that system in the coming year. The USGS will also solicit from organizations or businesses, and DEPARTMENT OF THE INTERIOR from individuals identifying themselves input from the NEPEC on the agenda for a face-to-face meeting to be scheduled in as representatives or officials of Bureau of Land Management organizations or businesses, will be the next fiscal year. Additional made available for public disclosure in information about the NEPEC meeting is [19X.LLAK930100 L510100000.ER0000] their entirety. available at: http://earthquake.usgs.gov/ aboutus/nepec/. Notice of Availability of the Ambler Next Steps Agenda Topics: Road Draft Environmental Impact If we decide to issue a permit to the —Updates to the council on Statement, Alaska applicant listed in this notice, we will implementation of a nationwide publish a notice in the Federal Register. operational aftershock forecasting AGENCY: Bureau of Land Management, system, and future planned Interior. Authority improvements; ACTION: Notice of availability. We publish this notice under section —Soliciting input from the council on 10(c) of the Endangered Species Act of the agenda for a face-to-face meeting SUMMARY: In accordance with the 1973, as amended (16 U.S.C. 1531 et to be scheduled in the next fiscal year; National Environmental Policy Act of seq.). and 1969, as amended, and the Federal Land —Public comment period. Policy and Management Act of 1976, as Rolland White, amended, the Bureau of Land Meeting Accessibility/Special Assistant Regional Director—U.S. Fish and Management (BLM) has prepared a Draft Accommodations: The virtual meeting Wildlife Service, Ecological Services, Interior Environmental Impact Statement (EIS) is open to the public. Members of the Regions 9 and 12. for the Ambler Road and by this notice public wishing to participate in the [FR Doc. 2019–18729 Filed 8–29–19; 8:45 am] is announcing the opening of the virtual meeting should contact Dr. BILLING CODE 4333–15–P comment period. The BLM is also Michael Blanpied by email at announcing that it will be holding [email protected] to register no later public meetings on the Draft EIS and than five (5) business days prior to the DEPARTMENT OF THE INTERIOR subsistence-related hearings to receive meeting. Virtual meeting comments on the Draft EIS and the Geological Survey (teleconference) call-in information will project’s potential to impact subsistence be provided at that time. Time will be [GX19EE000101100] resources and activities. allowed at the virtual meeting for any DATES: To ensure that comments will be Public Meeting (via Teleconference) of individual or organization wishing to considered, the BLM must receive the National Earthquake Prediction make formal oral comments. written comments on the Draft EIS Evaluation Council (NEPEC) Federal Public Disclosure of Comments: within 45 days following the date the Advisory Committee Interested members of the public may submit relevant information for the Environmental Protection Agency AGENCY: U.S. Geological Survey, NEPEC to consider during the publishes its Notice of Availability of Interior. teleconference. To allow for full the Draft EIS in the Federal Register. ACTION: Notice of public meeting (via consideration of information by the The BLM will hold public meetings in: teleconference). NEPEC members, written notice must be Alatna, Allakaket, Ambler, Anaktuvuk provided to Dr. Michael Blanpied, U.S. Pass, Anchorage, Bettles, Buckland, SUMMARY: In accordance with the Geological Survey, 12201 Sunrise Valley Coldfoot, Evansville, Fairbanks, Hughes, Federal Advisory Committee Act of Drive, Mail Stop 905, Reston, VA 20192; Huslia, Kiana, Kobuk, Kotzebue, Noatak, 1972, the U.S. Geological Survey by email at [email protected]; or by Noorvik, Selawik, Shungnak, Stevens (USGS) is publishing this notice to telephone at (703) 648–6696, at least Village, Tanana, Wiseman, Alaska and announce that the National Earthquake five (5) business days prior to the in Washington, DC. The dates, times, Prediction Evaluation Council (NEPEC) meeting. Any written comments and locations of the meetings will be will meet as indicated below. received will be provided to the NEPEC announced at least 15 days in advance DATES: The virtual meeting will be held members. through public notices, media releases, on Monday, September 30, 2019, from 1 Before including your address, phone and/or mailings. p.m. to 5 p.m. (Eastern Standard Time). number, email address, or other ADDRESSES: You may submit comments FOR FURTHER INFORMATION CONTACT: Dr. personal identifying information in your related to the Ambler Road Draft EIS by Michael Blanpied, U.S. Geological comment, you should be aware that any of the following methods:
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• Website: https://www.blm.gov/ review, we cannot guarantee that we DATES: The Utah RAC is scheduled to AmblerRoadEIS. will be able to do so. meet on October 29–30, 2019. The • Mail: Ambler Road DEIS The BLM has worked with interested meeting will take place from 1 p.m. to Comments, BLM Fairbanks District parties to develop a proposed action and 5 p.m. on October 29th and 8 a.m. to 5 Office, 222 University Avenue, alternatives consistent with the p.m. on October 30th. Fairbanks AK 99709. following criteria: ADDRESSES: The meeting will be held at • • Hand Deliver comments to: BLM, The proposed project submitted by the John Wesley Powell River History 222 University Avenue, Fairbanks, the applicant, AIDEA; Museum, 765 E Main Street, Green • Alaska 99709. Issues identified during public River, Utah 84525. scoping, impacts and potential FOR FURTHER INFORMATION CONTACT: Tina FOR FURTHER INFORMATION CONTACT: Lola alternatives to be addressed; and Bird, Public Affairs Specialist, BLM McMaster-Goering, Ambler Road EIS • Subsistence resources and users, as Project Manager, telephone: 907–271– Utah State Office, 440 West 200 South, well as potential actions to minimize Suite 500, Salt Lake City, Utah 84101; 1310; address: 222 West 7th Avenue, adverse impacts to subsistence in #13, Anchorage, Alaska 99513. You may phone (801) 539–4033; or email lbird@ accordance with section 810 of the blm.gov. Persons who use a also request to be added to the mailing Alaska National Interest Lands list for the EIS. Documents pertaining to telecommunications device for the deaf Conservation Act (ANILCA). (TDD) may call the Federal Relay the Draft EIS may be examined at Section 810 of ANILCA requires the https://www.blm.gov/AmblerRoadEIS or Service (FRS) at 1–800–877–8339 to BLM to evaluate the effects of the leave a message or question for the at or at the BLM Alaska State Office, alternatives presented in the Draft EIS BLM Alaska Public Information Center above individual. The FRS is available on subsistence activities, and to hold 24 hours a day, seven days a week. (Public Room), 222 West 7th Avenue public hearings if it finds that any (First Floor), Anchorage, Alaska or the Replies are provided during normal alternatives may significantly restrict business hours. Fairbanks District Office, 222 University subsistence users. The preliminary Avenue, Fairbanks, Alaska. SUPPLEMENTARY INFORMATION: The Utah evaluation of subsistence impact RAC advises the Secretary of the Persons who use a indicates that certain alternatives telecommunications device for the deaf Interior, through the BLM, on a variety analyzed in the Draft EIS and the of public lands issues. Agenda topics (TDD) may call the Federal Relay associated cumulative impacts may Service (FRS) at 1–800–877–8339 to will include BLM updates; BLM Utah significantly restrict subsistence uses. FY 2019 accomplishments; statewide contact the above individual during Therefore, the BLM will hold public normal business hours. The FRS is planning updates; Grand Staircase- hearings on subsistence resources and Escalante National Monument and available 24 hours a day, 7 days a week, activities in conjunction with the public to leave a message or question with the Kanab Field Office administrative meeting on the Draft EIS in Alatna, changes; John D. Dingell, Jr. above individual. You will receive a Allakaket, Ambler, Anaktuvuk Pass, reply during normal business hours. Conservation, Management, and Bettles, Buckland, Coldfoot, Evansville, Recreation Act implementation; SUPPLEMENTARY INFORMATION: The Hughes, Huslia, Kiana, Kobuk, recreation fee proposals, and other Bureau of Land Management has Kotzebue, Noatak, Noorvik, Selawik, issues as appropriate. Final agenda will prepared the Ambler Road Draft EIS. Shungnak, Stevens Village, Tanana, and be posted online at https:// The Draft EIS is in response to an Wiseman, Alaska. www.blm.gov/get-involved/resource- application for an industrial road right- Authority: 40 CFR 1506.6(b). advisory-council/near-you/utah/RAC. of-way (ROW) in north-central Alaska The meetings are open to the public; Ted A. Murphy, across federal public lands and other however, transportation, lodging, and lands. The road would run from the Associate State Director, Alaska. meals are the responsibility of the existing Dalton Highway to the Ambler [FR Doc. 2019–18837 Filed 8–29–19; 8:45 am] participating individuals. The meeting Mining District. The area involved lies BILLING CODE 4310–JA–P will offer a 30-minute public comment south of the Brooks Range, north of the period. Depending on the number of Yukon River, west of the Dalton people wishing to comment and the Highway and east of the Purcell DEPARTMENT OF THE INTERIOR time available, the time for individual Mountains. The Alaska Industrial Bureau of Land Management comments may be limited. Written Development and Export Authority comments may also be sent to the BLM (AIDEA), a public corporation of the Utah State Office at the address listed in [19X LLUT912000 L13140000.PP0000] State of Alaska, is the applicant. the ADDRESSES section of this notice. All The purpose of the public comment Notice of Public Meetings, Utah comments received will be provided to period is to inform the public of the Resource Advisory Council, Utah the Utah RAC. availability of the Draft EIS and solicit Before including your address, phone comments from the public. Information AGENCY: Bureau of Land Management, number, email address, or other received during the public comment Interior. personal identifying information in your period will be used to develop the Final ACTION: Notice of Public Meetings. comments, please be aware that your EIS. entire comment, including your Before including your address, phone SUMMARY: In accordance with the personal identifying information, may number, email address, or other Federal Land Policy and Management be made publicly available at any time. personal identifying information, be Act, the Federal Advisory Committee While you can ask us in your comment advised that your entire comment, Act, and the Federal Lands Recreation to withhold your personal identifying including your identifying information, Enhancement Act, the U.S. Department information from public review, we may be made publicly available at any of the Interior, the Bureau of Land cannot guarantee that we will be able to time. While you may ask us in your Management’s (BLM) Utah Resource do so. Detailed meeting minutes for the comments to withhold your personal Advisory Council (RAC) will meet as Utah RAC meetings will be maintained identifying information from public indicated below. in the BLM Utah State Office and will
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be available for public inspection and • Hand Deliver comments to: BLM Slope oil fields and contribute to the reproduction during regular business Alaska State Office, 222 W 7th Ave. #13, local, state, and national economies. hours within thirty (30) days following Anchorage, Alaska 99513. The purpose of the public comment the meeting. FOR FURTHER INFORMATION CONTACT: period is to inform the public of the Authority: 43 CFR 1784.4–2. Racheal Jones, Willow EIS Project availability of the Willow MDP Draft EIS Edwin L. Roberson, Manager, telephone: 907–290–0307; and solicit comments from the public. State Director. address: 222 West 7th Avenue, #13, Information received during the public Anchorage, Alaska 99513. You may also comment period will be used to develop [FR Doc. 2019–18785 Filed 8–29–19; 8:45 am] request to be added to the mailing list BILLING CODE 4310–DQ–P the Final EIS. Before including your for the EIS. Documents pertaining to the address, phone number, email address, Draft EIS may be examined at http:// or other personal identifying DEPARTMENT OF THE INTERIOR www.blm.gov/alaska/WillowEIS or at information, be advised that your entire the BLM Alaska State Office, BLM comment, including your identifying Bureau of Land Management Alaska Public Information Center information, may be made publicly (Public Room), 222 West 7th Avenue available at any time. While you may [19X.LLAK930100 L510100000.ER0000] (First Floor), Anchorage, Alaska or the ask us in your comments to withhold Arctic District Office, 222 University Notice of Availability of the Willow your personal identifying information Avenue, Fairbanks, Alaska. Master Development Plan Draft from public review, we cannot Environmental Impact Statement, Persons who use a guarantee that we will be able to do so. Alaska telecommunications device for the deaf (TDD) may call the Federal Relay The BLM has worked with interested AGENCY: Bureau of Land Management, Service (FRS) at 1–800–877–8339 to parties to develop a proposed action and Interior. contact the above individual during alternatives consistent with the ACTION: Notice of availability. normal business hours. The FRS is following criteria: available 24 hours a day, 7 days a week, • SUMMARY: In accordance with the The proposed project submitted by National Environmental Policy Act of to leave a message or question with the ConocoPhillips Alaska, Inc.; above individual. You will receive a 1969, as amended, and the Federal Land • Issues identified during public reply during normal business hours. Policy and Management Act of 1976, as scoping, impacts and potential amended, the Bureau of Land SUPPLEMENTARY INFORMATION: The alternatives to be addressed; and Management (BLM) has prepared a Draft Bureau of Land Management prepared • Subsistence resources and users, as Environmental Impact Statement (EIS) the Willow MDP Draft EIS in response for the Willow Master Development to a letter submitted by ConocoPhillips well as potential actions to minimize Plan (MDP) and by this notice is on May 10, 2018. ConocoPhillips adverse impacts to subsistence in announcing the opening of the comment requested the development of the accordance with section 810 of the period. The BLM is also announcing Willow prospect through a MDP EIS. Alaska National Interest Lands that it will be holding public meetings The letter, available on the project Conservation Act (ANILCA). on the Willow MDP Draft EIS and a website, includes a description of the Section 810 of ANILCA requires the subsistence-related hearing to receive foreseeable infrastructure and activity BLM to evaluate the effects of the comments on the Willow MDP Draft EIS associated with the proposed Willow alternatives presented in the Willow and the proposed project’s potential to prospect development. Analyzing the MDP Draft EIS on subsistence activities, impact subsistence resources and entire proposed Willow development in and to hold public hearings if it finds activities. a single MDP EIS allows the BLM to that any alternatives may significantly DATES: To ensure that comments will be make determinations of National restrict subsistence users. The considered, the BLM must receive Environmental Policy Act (NEPA) preliminary evaluation of subsistence written comments on the Willow MDP adequacy when individual applications impact indicates that the alternatives Draft EIS within 45 days following the for permits to drill or rights-of-way are analyzed in the Willow MDP Draft EIS date the Environmental Protection submitted. The MDP includes up to five and the associated cumulative impacts drill sites, a central processing facility, Agency publishes its Notice of may significantly restrict subsistence an operations center pad, up to 38.2 Availability of the Draft EIS in the uses for the community of Nuiqsut. miles of gravel roads, up to 924.2 miles Federal Register. The BLM will hold Therefore, the BLM will hold a public public meetings in: Anaktuvuk Pass, of ice roads during construction and up to 215.6 total miles of resupply ice roads hearing on subsistence resources and Anchorage, Atqasuk, Fairbanks, activities in Nuiqsut, Alaska. Nuiqsut, Utqiagvik, Alaska. The dates, during operations, 1 to 2 airstrips, up to times, and locations of the meetings will 337 miles of pipelines, and a gravel Authority: 40 CFR 1506.6(b). mine site. In addition, the Proponent be announced at least 15 days in Chad B. Padgett, advance through public notices, media would submit applications to the State State Director, Alaska. releases, and mailings. of Alaska for a module transfer island on State submerged lands to support [FR Doc. 2019–18839 Filed 8–29–19; 8:45 am] ADDRESSES: You may submit comments related to the Willow MDP Draft EIS by module delivery via sealift barges. BILLING CODE 4310–JA–P any of the following methods: Actions on both state and federal • Website: http://www.blm.gov/ lands are considered in the Draft EIS. alaska/WillowEIS. The Willow MDP would have a peak • Email: BLM_AK_Willow_ production of up to 130,000 barrels of [email protected]. oil per day over its 30-year life • Mail: Willow DEIS Comments, BLM (producing approximately 590 million Alaska State Office, 222 W 7th Avenue barrels of oil) and would help offset #13, Anchorage, AK 99513. declines in production from the North
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DEPARTMENT OF THE INTERIOR acres if a nonprofit corporation or 1. A rights-of-way thereon for ditches association), nor more than 640 acres for and canals constructed by the authority Bureau of Land Management each of the programs involving public of the United States Act of August 30, [LLNVS01000 L58530000 ER0000; N–95306 resources other than recreation. 1890 (26 Stat. 391; 43 U.S.C. 945). MO# 4500130987] Clark County School District has 2. Provisions of the R&PP Act and to submitted a statement in compliance all applicable regulations of the Notice of Realty Action: Recreation with the regulations at 43 CFR Secretary of the Interior. and Public Purposes Act 2741.4(b). Clark County School District 3. All mineral deposits in the land so Classification: Nevada proposes to use the land as an patented, and the right to prospect for, elementary school. mine, and remove such deposits from AGENCY: Bureau of Land Management, The area described contains 15-acres the same under applicable law and Interior. in the southwest portion of the Las regulations as established by the ACTION: Notice of realty action. Vegas Valley, Clark County, Nevada. Secretary of the Interior are reserved to Clark County School District has filed the United States, together with all SUMMARY: The Bureau of Land an application to develop the below- necessary access and exit rights. Management (BLM) has examined 4. Lease or conveyance of the parcel certain public lands in Clark County, described land for five school buildings, parking for school staff, public parking, is subject to valid existing rights. Nevada, and has found them suitable for 5. An appropriate indemnification classification for lease or conveyance to busing with pick-up and drop-off points for students, classrooms, botanical clause protecting the United States from Clark County School District under the claims arising out of the lessees/ provisions of the Recreation and Public learning areas, and a fenced play area. There will also be areas for basketball patentee’s use, occupancy, or Purposes (R&PP) Act, as amended, Sec. occupations on the leased/patented 7 of the Taylor Grazing Act, and courts, ball fields, bike racks, shaded rest areas, turf play area, playgrounds, lands. Executive Order No. 6910. Clark County 6. Any other reservations that the and a tetherball court. Additional School District proposes to use the land authorized officer determines information pertaining to this as an elementary school. The lands appropriate to ensure public access and publication, plan of development, and consist of 15 acres and must conform to proper management of Federal lands site plan is located in casefile N–95306, the official plat of survey. and interests therein. which is available for review at the BLM DATES: Submit written comments Interested persons may submit Las Vegas Field Office at the address comments involving the suitability of regarding this classification (serialized below. Offsite improvements will be N–95306) on or before October 15, 2019. the land for development of an developed as required by governing elementary school. Comments on the Comments may be mailed or hand agencies. The lands are not needed for delivered to the BLM office address classification are restricted to whether any other Federal purposes. The lands the land is physically suited for the below, or faxed to 702–515–5010. The examined and identified as suitable for BLM will not consider comments proposal, whether the use will lease or conveyance under the R&PP Act maximize the future use or uses of the received via telephone calls or email. are legally described as: ADDRESSES: Mail written comments to land, whether the use is consistent with the BLM Las Vegas Field Office, Mount Diablo Meridian, Nevada local planning and zoning, or if the use Assistant Field Manager, Division of is consistent with state and Federal T. 21 S, R. 60 E, programs. Lands, 4701 North Torrey Pines Drive, 1 2 1 4 1 4 1 4 1 4 Sec. 9, W ⁄ NE ⁄ SE ⁄ NW ⁄ and NW ⁄ Interested persons may submit Las Vegas, NV 89130. Detailed SE1⁄4 NW1⁄4. comments regarding the specific use information including, but not limited The area described contains 15 acres. proposal in the application and plan of to a development and management plan Lease or conveyance of the lands for development and management, whether and documentation relating to R&PP use is consistent with the BLM the BLM followed proper administrative compliance with applicable Las Vegas Resource Management Plan procedures in reaching the decision, or environmental and cultural resource dated October 5, 1998, and would be of any other factor not directly related to laws, is available for review during public interest. the suitability of the lands for an business hours, 8:00 a.m. to 4:30 p.m. All interested parties will receive a elementary school. Pacific Time, Monday through Friday, copy of this Notice once it is published Any adverse comments will be except during Federal holidays, at the in the Federal Register and the reviewed by the BLM Nevada State BLM Las Vegas Field Office, 4701 North newspaper of local circulation once a Director or other authorized official of Torrey Pines Drive, Las Vegas, Nevada week for three consecutive weeks. The the Department of the Interior, who may 89130. regulations at 43 CFR Subpart 2741 sustain, vacate, or modify this realty FOR FURTHER INFORMATION CONTACT: addressing requirements and procedures action. In the absence of any adverse Sheryl May, Realty Specialist, by for conveyances under the R&PP Act do comments, the classification will telephone at 702–515–5196. Persons not require a public meeting. become effective on October 29, 2019. who use a telecommunications device Upon publication of this Notice in the The lands will not be offered for for the deaf may call the Federal Relay Federal Register, the lands will be conveyance until after the classification Service (FRS) at 1–800–877–8339 to segregated from all other forms of becomes effective. leave a message or question for the appropriation under the public land Before including your address, phone above individual. The FRS is available laws, including locations under the number, email address, or other 24 hours a day, 7 days a week. You will mining laws, except for lease or personal identifying information in any receive a reply during normal business conveyance under the R&PP Act and comment, be aware that your entire hours. leasing under the mineral leasing laws. comment including your personal SUPPLEMENTARY INFORMATION: The Clark The lease or conveyance of the land, identifying information may be made County School District has not applied when issued, will be subject to the publicly available at any time. While for more than the 6,400-acre limitation following terms, conditions, and you can ask us in your comment to for recreation uses in a year (or 640 reservations: withhold your personal identifying
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information from public review, we and Training Administration (ETA) of such reports. Regulations 20 CFR cannot guarantee that we will be able to sponsored information collection 601.3, in part, implement this do so. request (ICR) revision titled, requirement by requiring submission of Authority: 43 CFR 2741.5 ‘‘Transmittal for Unemployment all relevant State materials, such as Insurance Materials,’’ to the Office of statutes, executive and administrative Shonna Dooman, Management and Budget (OMB) for orders, legal opinions, rules, Acting Field Manager, Las Vegas Field Office. review and approval for use in regulations, interpretations, court [FR Doc. 2019–18836 Filed 8–29–19; 8:45 am] accordance with the Paperwork opinions, etc. In addition, the BILLING CODE 4310–HC–P Reduction Act (PRA) of 1995. Public Unemployment Compensation for comments on the ICR are invited. Federal Civilian Employees program DATES: The OMB will consider all regulations at 20 CFR 609.1(d)(1) and INTERNATIONAL TRADE written comments that agency receives the Unemployment Compensation for COMMISSION on or before September 30, 2019. Ex-Service Members program regulations at 20 CFR 614.1(d)(1) require [USITC SE–19–032] ADDRESSES: A copy of this ICR with applicable supporting documentation; submission of certain documents to Sunshine Act Meetings including a description of the likely ensure States properly administer these respondents, proposed frequency of programs. Trade Adjustment Assistance Agency Holding the Meeting: United response, and estimated total burden (which includes Trade Readjustment States International Trade Commission. may be obtained free of charge from the Allowances) program regulations TIME AND DATE: September 5, 2019 at RegInfo.gov website at http:// provide similar requirements at 20 CFR 11:00 a.m. www.reginfo.gov/public/do/ 617.52(c)(1). Form MA–8–7 is the PLACE: Room 101, 500 E Street SW, PRAViewICR?ref_nbr=201907-1205-003 mechanism for implementing these Washington, DC 20436, Telephone: (this link will only become active on the submittal requirements. Form MA–8–7 (202) 205–2000. day following publication of this notice) also provides the Secretary with STATUS: Open to the public. or by contacting Frederick Licari by sufficient information to determine if (a) MATTERS TO BE CONSIDERED: telephone at 202–693–8073, TTY 202– Employers in a State qualify for tax 1. Agendas for future meetings: None. 693–8064, (these are not toll-free credits under the Federal 2. Minutes. numbers) or sending an email to DOL_ Unemployment Tax Act; (b) the State 3. Ratification List. [email protected]. meets the requirements for obtaining 4. Vote on Inv. Nos. 701–TA–455 and Submit comments about this request administrative grants under SSA Title 731–TA–1149 (Second Review)(Circular by mail to the Office of Information and III; and (c) the State is fulfilling its Welded Carbon Quality Steel Line Pipe Regulatory Affairs, Attn: OMB Desk obligations under Federal from China). The Commission is Officer for DOL–ETA, Office of unemployment compensation programs. currently scheduled to complete and file Management and Budget, Room 10235, This information collection is a its determinations and views of the 725 17th Street NW, Washington, DC revision, because the Short Time Commission by September 19, 2019. 20503; by Fax: 202–395–5806 (this is Compensation (STC) Policies and 5. Outstanding action jackets: None. not a toll-free number); or by email: Review of State Self-Employment The Commission is holding the [email protected]. Assistance (SEA) Policies were removed meeting under the Government in the Commenters are encouraged, but not as ETA is only seeking information on Sunshine Act, 5 U.S.C. 552(b). In required, to send a courtesy copy of any state legislation and policies relating to accordance with Commission policy, comments by mail or courier to the U.S. work search at this time. Social Security subject matter listed above, not disposed Department of Labor-OASAM, Office of Act of 1935 authorizes this information of at the scheduled meeting, may be the Chief Information Officer, Attn: collection. See 42 U.S.C. 503(a)(6). carried over to the agenda of the Departmental Information Compliance following meeting. This information collection is subject Management Program, Room N1301, to the PRA. A Federal agency generally By order of the Commission. 200 Constitution Avenue NW, cannot conduct or sponsor a collection Issued: August 27, 2019. Washington, DC 20210; or by email: of information, and the public is _ _ William Bishop, DOL PRA [email protected]. generally not required to respond to an Supervisory Hearings and Information FOR FURTHER INFORMATION CONTACT: information collection, unless the OMB, Officer. Frederick Licari by telephone at 202– under the PRA, approves it and displays [FR Doc. 2019–18911 Filed 8–28–19; 11:15 am] 693–8073, TTY 202–693–8064, (these a currently valid OMB Control Number. BILLING CODE 7020–02–P are not toll-free numbers) or sending an In addition, notwithstanding any other email to [email protected]. provisions of law, no person shall SUPPLEMENTARY INFORMATION: This ICR generally be subject to penalty for DEPARTMENT OF LABOR seeks approval under the PRA for failing to comply with a collection of revisions to the Transmittal for information that does not display a Office of the Secretary Unemployment Insurance Materials. valid Control Number. See 5 CFR The Social Security Act (SSA) section 1320.5(a) and 1320.6. The DOL obtains Agency Information Collection 303(a)(6) requires as a condition of a OMB approval for this information Activities; Submission for OMB State receiving an administrative grant, collection under Control Number 1205– Review; Comment Request; that State laws contains a provision for 0222. The current approval is scheduled Transmittal for Unemployment the making of such reports, in such form to expire on August 31, 2019; however, Insurance Materials and containing such information, as the the DOL notes that existing information ACTION: Notice of availability; request Secretary of Labor may from time to collection requirements submitted to the for comments. time require and compliance with such OMB will receive a month-to-month provisions as the Secretary of Labor may extension while they undergo review. SUMMARY: The Department of Labor from time to time find necessary to New requirements would only take (DOL) is submitting the Employment assure the correctness and verification effect upon OMB approval. For
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additional substantive information DEPARTMENT OF LABOR federally administered, continuous about this ICR, see the related notice survey on time use in the United States. published in the Federal Register on Office of the Secretary It measures, for example, time spent December 28, 2018 (83 FR 67354). with children, working, providing Agency Information Collection Interested parties are encouraged to eldercare, sleeping or doing leisure Activities; Submission for OMB activities. In the United States, several send comments to the OMB, Office of Review; Comment Request; American existing Federal surveys collect income Information and Regulatory Affairs at Time Use Survey and wage data for individuals and ADDRESSES the address shown in the families, and analysts often use such section within thirty-(30) days of ACTION: Notice of availability; request for comments. measures of material prosperity as publication of this notice in the Federal proxies for quality of life. Time-use data Register. In order to help ensure SUMMARY: The Department of Labor substantially augment these quality-of- appropriate consideration, comments (DOL) is submitting the Bureau of Labor life measures. The data also can be used should mention OMB Control Number Statistics (BLS) sponsored information in conjunction with wage data to 1205–0222. The OMB is particularly collection request (ICR) revision titled, evaluate the contribution of non-market interested in comments that: ‘‘American Time Use Survey,’’ to the work to national economies. This • Evaluate whether the proposed Office of Management and Budget enables comparisons of production collection of information is necessary (OMB) for review and approval for use between nations that have different for the proper performance of the in accordance with the Paperwork mixes of market and non-market functions of the agency, including Reduction Act (PRA) of 1995. Public activities. The ATUS supports the whether the information will have comments on the ICR are invited. mission of the Bureau of Labor Statistics practical utility. DATES: The OMB will consider all by providing data on when, where, and written comments that agency receives how much employed Americans work. • Evaluate the accuracy of the on or before September 30, 2019. Individuals aged 15 and up are selected agency’s estimate of the burden of the ADDRESSES: A copy of this ICR with from a nationally representative sample proposed collection of information, applicable supporting documentation; of approximately 2,060 sample including the validity of the including a description of the likely households each month for the ATUS. methodology and assumptions used. respondents, proposed frequency of There are no changes to the ATUS • Enhance the quality, utility, and response, and estimated total burden interview. However, BLS is requesting clarity of the information to be may be obtained free of charge from the approval for an incentive study during collected; and RegInfo.gov website at http:// the extension period: BLS is proposing www.reginfo.gov/public/do/ a study to test the effectiveness of using • Minimize the burden of the PRAViewICR?ref_nbr=201904-1220-003 $0, $5, and $10 cash incentives on collection of information on those who (this link will only become active on the survey response. The study will test the are to respond, including through the day following publication of this notice) effectiveness of using cash incentives use of appropriate automated, or by contacting Frederick Licari by instead of a prepaid debit card. It will electronic, mechanical, or other telephone at 202–693–8073, TTY 202– also test whether a $5 or $10 cash technological collection techniques or 693–8064, (these are not toll-free incentive can boost survey response other forms of information technology, numbers) or sending an email to DOL_ among certain underrepresented e.g., permitting electronic submission of [email protected]. populations. 29 U.S.C. 1 and 13 U.S.C. responses. Submit comments about this request 8 authorize this information collection. Agency: DOL–ETA. by mail to the Office of Information and This information collection is subject Regulatory Affairs, Attn: OMB Desk to the PRA. A Federal agency generally Title of Collection: Transmittal for Officer for DOL–BLS, Office of Unemployment Insurance Materials. cannot conduct or sponsor a collection Management and Budget, Room 10235, of information, and the public is OMB Control Number: 1205–0222. 725 17th Street NW, Washington, DC generally not required to respond to an Affected Public: State, Local, and 20503; by Fax: 202–395–5806 (this is information collection, unless it is Tribal Governments. not a toll-free number); or by email: approved by the OMB under the PRA _ OIRA [email protected]. and displays a currently valid OMB Total Estimated Number of Commenters are encouraged, but not Respondents: 53. Control Number. In addition, required, to send a courtesy copy of any notwithstanding any other provisions of Total Estimated Number of comments by mail or courier to the U.S. law, no person shall generally be subject Responses: 318. Department of Labor-OASAM, Office of to penalty for failing to comply with a Total Estimated Annual Time Burden: the Chief Information Officer, Attn: collection of information that does not 80 hours. Departmental Information Compliance display a valid Control Number. See 5 Management Program, Room N1301, CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs 200 Constitution Avenue NW, obtains OMB approval for this Burden: $0. Washington, DC 20210; or by email: information collection under Control _ _ Authority: 44 U.S.C. 3507(a)(1)(D). DOL PRA [email protected]. Number 1220–0175. The current Dated: August 23, 2019. FOR FURTHER INFORMATION CONTACT: approval is scheduled to expire on Frederick Licari by telephone at 202– December 31, 2019; however, the DOL Frederick Licari, 693–8073, TTY 202–693–8064, (these notes that existing information Departmental Clearance Officer. are not toll-free numbers) or sending an collection requirements submitted to the [FR Doc. 2019–18757 Filed 8–29–19; 8:45 am] email to [email protected]. OMB receive a month-to-month BILLING CODE 4510–FW–P SUPPLEMENTARY INFORMATION: This ICR extension while they undergo review. seeks approval under the PRA for New requirements would only take revisions to the American Time Use effect upon OMB approval. For Survey. The ATUS is the Nation’s only additional substantive information
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about this ICR, see the related notice DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: This ICR published in the Federal Register on seeks approval under the PRA for May 29, 2019. Office of the Secretary revisions to the Standard Job Corps Interested parties are encouraged to Contractor and Grantee Information Agency Information Collection Gathering. These operating and/or send comments to the OMB, Office of Activities; Submission for OMB reporting forms are standard for the Information and Regulatory Affairs at Review; Comment Request; Standard operation of a Job Corps Center. They ADDRESSES the address shown in the Job Corps Contractor and Grantee are Federal information collection section within thirty (30) days of Information Gathering requirements for operators of such publication of this notice in the Federal centers. Job Corps has automated the Register. In order to help ensure ACTION: Notice of availability; request following Employment and Training appropriate consideration, comments for comments. Administration (ETA) forms: 2110, should mention OMB Control Number 2181, 6–131A, 6–131B, 6–131C, 640, SUMMARY: The Department of Labor 1220–0175. The OMB is particularly 661, and 328. This ICR covers standard (DOL) is submitting the Employment interested in comments that: operating and/or reporting forms a Job Training Administration (ETA) • Corps Center uses. This information Evaluate whether the proposed sponsored information collection collection is a revision, because this ICR collection of information is necessary request (ICR) revision titled, ‘‘Standard includes an additional collection form for the proper performance of the Job Corps Contractor and Grantee for demonstration grants and an functions of the agency, including Information Gathering,’’ to the Office of additional form determined to be a part whether the information will have Management and Budget (OMB) for of this collection. The Workforce practical utility; review and approval for use in Innovation Opportunity Act (WIOA), • Evaluate the accuracy of the accordance with the Paperwork Section 116(b)(2)(A)(i), Section 159(c), agency’s estimate of the burden of the Reduction Act (PRA) of 1995. Public and Section 156(a) authorizes this proposed collection of information, comments on the ICR are invited. information collection. See 29 U.S.C. including the validity of the DATES: The OMB will consider all 3195, 3201 and 3209. methodology and assumptions used; written comments that agency receives This information collection is subject on or before September 30, 2019. to the PRA. A Federal agency generally • Enhance the quality, utility, and cannot conduct or sponsor a collection clarity of the information to be ADDRESSES: A copy of this ICR with applicable supporting documentation; of information, and the public is collected; and generally not required to respond to an • including a description of the likely Minimize the burden of the respondents, proposed frequency of information collection, unless the OMB, collection of information on those who response, and estimated total burden under the PRA, approves it and displays are to respond, including through the may be obtained free of charge from the a currently valid OMB Control Number. use of appropriate automated, RegInfo.gov website at http:// In addition, notwithstanding any other electronic, mechanical, or other www.reginfo.gov/public/do/ provisions of law, no person shall technological collection techniques or PRAViewICR?ref_nbr=201907-1205-006 generally be subject to penalty for other forms of information technology, (this link will only become active on the failing to comply with a collection of e.g., permitting electronic submission of day following publication of this notice) information that does not display a responses. or by contacting Frederick Licari by valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains Agency: DOL–BLS. telephone at 202–693–8073, TTY 202– 693–8064, (these are not toll-free OMB approval for this information Title of Collection: American Time numbers) or sending an email to DOL_ collection under Control Number 1205– Use Survey. [email protected]. 0219. The current approval is scheduled OMB Control Number: 1220–0175. Submit comments about this request to expire on August 31, 2019; however, the DOL notes that existing information by mail to the Office of Information and Affected Public: Individuals or collection requirements submitted to the Regulatory Affairs, Attn: OMB Desk households. OMB will receive a month-to-month Officer for DOL–ETA, Office of extension while they undergo review. Total Estimated Number of Management and Budget, Room 10235, New requirements would only take Respondents: 10,540. 725 17th Street NW, Washington, DC effect upon OMB approval. For Total Estimated Number of 20503; by Fax: 202–395–5806 (this is additional substantive information Responses: 10,540. not a toll-free number); or by email: about this ICR, see the related notice [email protected]. Total Estimated Annual Time Burden: published in the Federal Register on Commenters are encouraged, but not 3,074 hours. June 18, 2019 (84 FR 28336). required, to send a courtesy copy of any Interested parties are encouraged to Total Estimated Annual Other Costs comments by mail or courier to the U.S. Burden: $0. send comments to the OMB, Office of Department of Labor-OASAM, Office of Information and Regulatory Affairs at Authority: 44 U.S.C. 3507(a)(1)(D). the Chief Information Officer, Attn: the address shown in the ADDRESSES Departmental Information Compliance Dated: August 26, 2019. section within thirty-(30) days of Management Program, Room N1301, Frederick Licari, publication of this notice in the Federal 200 Constitution Avenue NW, Register. In order to help ensure Departmental Clearance Officer. Washington, DC 20210; or by email: _ _ appropriate consideration, comments [FR Doc. 2019–18758 Filed 8–29–19; 8:45 am] DOL PRA [email protected]. should mention OMB Control Number BILLING CODE 4510–24–P FOR FURTHER INFORMATION CONTACT: 1205–0219. The OMB is particularly Frederick Licari by telephone at 202– interested in comments that: 693–8073, TTY 202–693–8064, (these • Evaluate whether the proposed are not toll-free numbers) or sending an collection of information is necessary email to [email protected]. for the proper performance of the
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functions of the agency, including Justification for Arts Endowment application guidelines and whether the information will have Funding Application Guidelines and requirements. Application guidelines practical utility. Requirements. Copies of this ICR, with elicit relevant information from • Evaluate the accuracy of the applicable supporting documentation, individuals, nonprofit organizations, agency’s estimate of the burden of the may be obtained by visiting and government agencies that apply for proposed collection of information, www.Reginfo.gov. funding from the National Endowment including the validity of the DATES: Interested persons are invited to for the Arts. This information is methodology and assumptions used. necessary for the accurate, fair, and • submit comments within 30 days from Enhance the quality, utility, and the date of this publication in the thorough consideration of competing clarity of the information to be Federal Register. proposals in the review process. This collected; and request is issued by the National • Minimize the burden of the ADDRESSES: Written comments should Endowment for the Arts and contains collection of information on those who be sent to the Office of Information and the following information: (1) The title are to respond, including through the Regulatory Affairs, Attn: OMB Desk of the form; (2) how often the required use of appropriate automated, Officer for the National Endowment for information will be collected; (3) who electronic, mechanical, or other the Arts, Office of Management and will be required or asked to use the technological collection techniques or Budget, Room 10235, Washington, DC form; (4) what the form will be used for; other forms of information technology, 20503. (5) an estimate of the number of e.g., permitting electronic submission of FOR FURTHER INFORMATION CONTACT: The responses; (6) the average burden hours responses. Office of Information and Regulatory per response; (7) an estimate of the total Agency: DOL–ETA. Affairs, Attn: OMB Desk Officer for the number of hours needed to prepare the Title of Collection: Standard Job Corps National Endowment for the Arts, Office form. This entry is not subject to 44 Contractor and Grantee Information of Management and Budget, Room U.S.C. 3504(h). Gathering. 10235, Washington, DC 20503, (T) 202– Dated: August 27, 2019. OMB Control Number: 1205–0219. 395–7316. Jillian Miller, Affected Public: Private Sector—Not- SUPPLEMENTARY INFORMATION: The Office Director, Office of Guidelines and Panel for-profit institutions; Businesses or of Management and Budget (OMB) is Operations, National Endowment for the Arts. other for-profits. particularly interested in comments Total Estimated Number of [FR Doc. 2019–18770 Filed 8–29–19; 8:45 am] which: (1) Evaluate whether the BILLING CODE 7537–01–P Respondents: 2,451. proposed collection of information is Total Estimated Number of necessary for the proper performance of Responses: 202,809. the functions of the agency, including NATIONAL SCIENCE FOUNDATION Total Estimated Annual Time Burden: whether the information will have 81,516 hours. practical utility; (2) Evaluate the Advisory Committee for Integrative Total Estimated Annual Other Costs accuracy of the agency’s estimate of the Activities; Notice of Meeting Burden: $0. burden of the proposed collection of Authority: 44 U.S.C. 3507(a)(1)(D). information including the validity of the In accordance with the Federal Advisory Committee Act (Pub. L. 92– Dated: August 23, 2019. methodology and assumptions used; (3) Enhance the quality, utility, and clarity 463, as amended), the National Science Frederick Licari, of the information to be collected; and Foundation (NSF) announces the Departmental Clearance Officer. (4) Could help minimize the burden of following meeting: [FR Doc. 2019–18756 Filed 8–29–19; 8:45 am] the collection of information on those NAME AND COMMITTEE CODE: Advisory BILLING CODE 4510–FT–P who are to respond, including through Committee for Integrative Activities— the use of electronic submission of NSF 2026 Idea Machine Blue Ribbon responses through Grants.gov. Panel (#1373). NATIONAL FOUNDATION ON THE Agency: National Endowment for the DATE AND TIME: September 16, 2019; ARTS AND THE HUMANITIES Arts. 8:30 a.m.–5:00 p.m. Title of Collection: Blanket National Endowment for the Arts PLACE: National Science Foundation, Justification for Arts Endowment 2415 Eisenhower Avenue, Alexandria, 30-Day Notice for the ‘‘Blanket Funding Application Guidelines and VA 22314. Requirements. Justification for Arts Endowment TYPE OF MEETING: Closed. OMB Number: 3135–0112. Funding Application Guidelines and CONTACT PERSON: Lin He, Acting Requirements’’ Frequency: Annually. Affected Public: Nonprofit Deputy Division Director, Room E9316; National Science Foundation, 2415 AGENCY: National Endowment for the organizations, government agencies, and Eisenhower Avenue, Alexandria, VA Arts, National Foundation on the Arts individuals. 22314. Contact Information: 703–292– and the Humanities. Estimated Number of Respondents: 4956/[email protected]. ACTION: Submission for OMB review; 6,463. PURPOSE OF MEETING: To provide advice comment request. Estimated Time per Respondent: 21 hours. and recommendations to the NSF as SUMMARY: The National Endowment for Total Burden Hours: 134,282. part of the selection process for NSF the Arts (Arts Endowment) has Total Annualized Capital/Startup 2026 Idea Machine Grand Prize submitted the following public Costs: 0. awardees. information collection request (ICR) to Total Annual Costs (Operating/ AGENDA: To review and evaluate the Office of Management and Budget Maintaining Systems or Purchasing competition materials as part of the (OMB) for review and approval in Services): 0. selection process for awardees. accordance with the Paperwork The National Endowment for the Arts REASON FOR CLOSING: The materials Reduction Act of 1995: Blanket requests the review of its funding being reviewed include information of a
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personal nature about individuals who at: http://www.nrc.gov/public-involve/ pursuant to Section 19(b)(3)(A)(iii) of submitted comments on the competition public-meetings/schedule.html. the Act 3 and Rule 19b–4(f)(6) entries, where disclosure would The NRC provides reasonable thereunder.4 The Commission is constitute unwarranted invasions of accommodation to individuals with publishing this notice to solicit personal privacy. These matters are disabilities where appropriate. If you comments on the proposed rule change exempt under 5 U.S.C. 552b(c)(6) of the need a reasonable accommodation to from interested persons. participate in these public meetings or Government in the Sunshine Act. I. Self-Regulatory Organization’s need this meeting notice or the Dated: August 27, 2019. Statement of the Terms of Substance of transcript or other information from the Crystal Robinson, the Proposed Rule Change public meetings in another format (e.g., Committee Management Officer. braille, large print), please notify Cboe Exchange, Inc. (the ‘‘Exchange’’ [FR Doc. 2019–18817 Filed 8–29–19; 8:45 am] Kimberly Meyer-Chambers, NRC or ‘‘Cboe Options’’) proposes to amend BILLING CODE 7555–01–P Disability Program Manager, at 301– and move certain current Rules in 287–0739, by videophone at 240–428– connection with end-of-month and end- 3217, or by email at Kimberly.Meyer- of-day indicative values from the NUCLEAR REGULATORY [email protected]. Determinations on Exchange’s currently effective Rulebook COMMISSION requests for reasonable accommodation (‘‘current Rulebook’’) to the shell structure for the Exchange’s Rulebook [NRC–2019–0001] will be made on a case-by-case basis. Members of the public may request to that will become effective upon the Sunshine Act Meetings receive this information electronically. migration of the Exchange’s trading If you would like to be added to the platform to the same system used by the TIME AND DATE: Weeks of September 2, distribution, please contact the Nuclear Cboe Affiliated Exchanges (as defined 9, 16, 23, 30, October 7, 2019. Regulatory Commission, Office of the below) (‘‘shell Rulebook’’). The text of PLACE: Commissioners’ Conference Secretary, Washington, DC 20555 (301– the proposed rule change is provided in Room, 11555 Rockville Pike, Rockville, 415–1969), or by email at Exhibit 5. Maryland. [email protected] or Tyesha.Bush@ The text of the proposed rule change STATUS: Public and Closed. nrc.gov. is also available on the Exchange’s website (http://www.cboe.com/ MATTERS TO BE CONSIDERED: The NRC is holding the meetings under the authority of the Government AboutCBOE/CBOELegalRegulatory Week of September 2, 2019 in the Sunshine Act, 5 U.S.C. 552b. Home.aspx), at the Exchange’s Office of There are no meetings scheduled for the Secretary, and at the Commission’s Dated at Rockville, Maryland, this 28th day Public Reference Room. the week of September 2, 2019. of August, 2019. Week of September 9, 2019—Tentative For the Nuclear Regulatory Commission. II. Self-Regulatory Organization’s Denise L. McGovern, Statement of the Purpose of, and Monday, September 9, 2019 Policy Coordinator, Office of the Secretary. Statutory Basis for, the Proposed Rule Change 10:00 a.m. NRC All Employees [FR Doc. 2019–18912 Filed 8–28–19; 11:15 am] Meeting (Public Meeting) Marriott BILLING CODE 7590–01–P In its filing with the Commission, the Bethesda North Hotel, 5701 Marinelli Exchange included statements Road, Rockville, MD 20852. concerning the purpose of and basis for Tuesday, September 10, 2019 SECURITIES AND EXCHANGE the proposed rule change and discussed COMMISSION any comments it received on the 10:00 a.m. Briefing on NRC proposed rule change. The text of these International Activities (Closed—Ex. 1 & [Release No. 34–86766; File No. SR–CBOE– statements may be examined at the 9). 2019–046] places specified in Item IV below. The Exchange has prepared summaries, set Week of September 16, 2019—Tentative Self-Regulatory Organizations; Cboe forth in sections A, B, and C below, of There are no meetings scheduled for Exchange, Inc.; Notice of Filing and the most significant aspects of such the week of September 16, 2019. Immediate Effectiveness of a Proposed statements. Rule Change Concerning End-of- Week of September 23, 2019—Tentative Month and End-of-Day Indicative A. Self-Regulatory Organization’s There are no meetings scheduled for Values Statement of the Purpose of, and the week of September 23, 2019. Statutory Basis for, the Proposed Rule August 26, 2019. Change Week of September 30, 2019—Tentative Pursuant to Section 19(b)(1) of the There are no meetings scheduled for Securities Exchange Act of 1934 (the 1. Purpose the week of September 30, 2019. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 In 2016, the Exchange’s parent notice is hereby given that on August company, Cboe Global Markets, Inc. Week of October 7, 2019—Tentative 12, 2019, Cboe Exchange, Inc. (the (formerly named CBOE Holdings, Inc.) There are no meetings scheduled for ‘‘Exchange’’ or ‘‘Cboe Options’’) filed (‘‘Cboe Global’’), which is also the the week of October 7, 2019. with the Securities and Exchange parent company of Cboe C2 Exchange, CONTACT PERSON FOR MORE INFORMATION: Commission (the ‘‘Commission’’) the Inc. (‘‘C2’’), acquired Cboe EDGA For more information or to verify the proposed rule change as described in Exchange, Inc. (‘‘EDGA’’), Cboe EDGX status of meetings, contact Denise Items I, and II, below, which Items have Exchange, Inc. (‘‘EDGX’’ or ‘‘EDGX McGovern at 301–415–0681 or via email been prepared by the Exchange. The Options’’), Cboe BZX Exchange, Inc. at [email protected]. The Exchange filed the proposal as a ‘‘non- (‘‘BZX’’ or ‘‘BZX Options’’), and Cboe schedule for Commission meetings is controversial’’ proposed rule change BYX Exchange, Inc. (‘‘BYX’’ and, subject to change on short notice. The NRC Commission Meeting 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(iii). Schedule can be found on the internet 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6).
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together with Cboe Options, C2, EDGX, occurs at 3:00 p.m. on the last trading to every trading day, including the last EDGA, and BZX, the ‘‘Cboe Affiliated day of the month. business day of the calendar month. Exchanges’’). The Exchange intends to Current Rule 6.2.06(b) describes the This will provide a streamlined migrate its trading platform to the same Exchange’s process for calculating EOD indicative price process for each trading system used by the Cboe Affiliated values. Specifically, it provides that day in which indicative prices may be Exchanges, which the Exchange expects following the close of trading of Regular published. In addition to streamlining to complete on October 7, 2019. In Trading Hours on any trading day that the process for each trading day, the connection with this technology is not the last business day of a calendar Exchange proposes to remove the migration, the Exchange has a shell month, in addition to the Exchange’s theoretical fair value process for EOM Rulebook that resides alongside its regular end-of-day quotations, the for a number of other reasons. First, the current Rulebook, which shell Rulebook Exchange may determine, on a series- migrated technology platform will no will contain the Rules that will be in by-series basis, to disseminate two-sided longer support the ability for LMMs or place upon completion of the Cboe indicative values in non-expiring series SMMs to quote after the close as the Options technology migration. of SPX options in the interests of fair current rule provides. Second, the The Exchange proposes to adopt Rule and orderly markets. The Exchange Exchange believes using an algorithm 4.17 (in the shell Rulebook), which derives end-of-day indicative values for based on quotations and orders amends its current rules regarding end- series of SPX options using an algorithm displayed will provide a more objective, of-month (‘‘EOM’’) and end-of-day based on quotations and orders static formulation for indicative prices (‘‘EOD’’) indicative values.5 Currently, displayed in series of SPX options prior as opposed to the current analysis Rule 6.2.06(a) describes the Exchange’s to the close of trading or, in the absence process for calculating EOM values. of sufficient quote and order data in a conducted by LMMs or SMMs, which Specifically, it provides that following series, using generally accepted potentially varies across different LMMs the close of trading on the last business volatility and options pricing models as or SMMs. Third, though CME currently day of each calendar month, the determined by the Exchange. EOD provides for a EOM fair value procedure Exchange will conduct special non- indicative values shall be clearly for many of its equities products (which trading closing rotations for each series identified and disseminated via the differs from the 3:15 p.m. daily of S&P 500 Index (‘‘SPX’’) options in Options Price Reporting Authority settlement process for such products), it order to determine the theoretical ‘‘fair (‘‘OPRA’’). This permits the Exchange to may determine to have a 3:00 p.m. daily value’’ of such series as of time of the disseminate informational indicative settlement process for all days, close of trading in the underlying cash values more reflective of actual options including the last trading day of the market. During such special non-trading values in addition to final end-of-day month, in its equities products as it closing rotations, Lead Market Makers displayed quotations when Users’ currently has in place for other (‘‘LMMs’’) or Select Market Makers systems issues or market conditions products, which could interfere with the (‘‘SMMs’’) in the SPX options in each result in an absence of final quotes or current EOM process. Therefore, the series of SPX options, may provide bid extraordinarily wide final quotes Exchange proposes to mitigate any and offer quotations, the midpoint of without interfering in the markets or possibility that indicative values could which will reflect the theoretical fair impeding any market functionalities not be calculated on the last day of the value of the series of SPX options, as that rely on accurate pricing or EOD month by applying the current determined by the LMM(s) or SMM(s) quotes. Exchange-generated EOD logic to all pursuant to the LMMs’ or SMMs’ Upon migration, the Exchange will trading days. algorithmic analysis of relevant and discontinue the dissemination of The Exchange also proposes that, available data. Notwithstanding that 6 indicative values to OPRA, as well as instead of a series-by-series basis, the trading in SPX options on the Exchange the EOM closing rotation. Instead, the continues until fifteen minutes after the Exchange may determine which Exchange will make publicly available, indicative values will be provided on a close of trading in the underlying cash e.g., on its website, the indicative prices market, on the last business day of each class-by-class basis, which is consistent calculated for each series in classes as with the majority of Exchange month, after the close of trading, the the Exchange determines on a class-by- determinations, where applicable, Exchange shall disseminate the fair class basis, on any trading day, throughout the Exchange rules, as well value quotations as of the close of including the last trading day of the as provides the Exchange with trading in the underlying cash market month, using the same logic currently flexibility to potentially provide provided by the LMM(s) or SMM(s) as implemented for calculating indicative indicative prices for any and all of its the quotations used to calculate the values under current Rule 6.2.06(b). As theoretical fair value for each series of options classes exclusively listed on the such, the Exchange now proposes Rule 7 SPX options. In particular, LMMs and 4.17 (in the shell Rulebook), which Exchange. This will benefit all market SMMs provide the exchange with amends the language under current Rule participants by providing more quotes to fairly represent the market of 6.2.06(b) and does not adopt language indicative values than if the Exchange the subject series, using the final EOM from current Rule 6.2.06(a), to account determined indicative prices on the fair value of the corresponding E-Mini for the above-described changes to be narrower series-by-series basis. In S&P 500 (‘‘ES’’) futures price provided implemented upon migration. addition to this, rather than by the CME Group, Inc. (‘‘CME’’), The proposed rule does not present disseminating the indicative pricing to usually within 10 minutes of CME’s any new or novel functionality as the OPRA, for which market participants EOM fair value market close, which indicative value logic will function for must pay a fee to OPRA to access, the all trading days in the same manner as Exchange will make indicative prices 5 The Exchange notes that current Rule 6.2.06, it does today for EOD. The proposed publicly available, e.g., by posting on its which currently provides for EOM and EOD values, website, which will provide free access was already ‘‘removed’’ from the current Rulebook change merely applies the same process in anticipation of migration, therefore, is effective only until October 7, 2019. See Securities Exchange 6 The Exchange has communicated and worked 7 Upon migration, the Exchange plans to provide Act Release No. 86387 (July 16, 2019), 84 FR 35147 with OPRA reporting authorities regarding the indicative prices for SPX, SPXW, VIX, and VIXX (July 22, 2019) (SR–CBOE–2019–034). implementation of this change. options.
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to such prices for all market function upon migration, allow for a A. Significantly affect the protection participants. more objective, static formulation for of investors or the public interest; indicative prices than the current LMM B. impose any significant burden on 2. Statutory Basis or SMM analysis, which potentially competition; and The Exchange believes the proposed varies across different LMMs or SMMs, C. become operative for 30 days from rule change is consistent with the as well as mitigate any potential issues the date on which it was filed, or such Securities Exchange Act of 1934 (the in deriving indicative values from shorter time as the Commission may ‘‘Act’’) and the rules and regulations CME’s EOM fair value process, which is designate, it has become effective thereunder applicable to the Exchange subject to change and, as a result, could pursuant to Section 19(b)(3)(A) of the and, in particular, the requirements of interfere with the current EOM process. Act 11 and Rule 19b–4(f)(6) 12 Section 6(b) of the Act.8 Specifically, Additionally, by providing the thereunder. At any time within 60 days the Exchange believes the proposed rule Exchange with the flexibility to of the filing of the proposed rule change, change is consistent with the Section determine indicative values on a the Commission summarily may 6(b)(5) 9 requirements that the rules of broader class-by-class basis, the temporarily suspend such rule change if an exchange be designed to prevent proposed rule change will potentially it appears to the Commission that such fraudulent and manipulative acts and provide more indicative pricing action is necessary or appropriate in the practices, to promote just and equitable information, benefitting all market public interest, for the protection of principles of trade, to foster cooperation participants. Exchange determinations investors, or otherwise in furtherance of and coordination with persons engaged on a class-by-class basis are also the purposes of the Act. If the in regulating, clearing, settling, consistent with the majority of Commission takes such action, the processing information with respect to, Exchange determinations currently Commission shall institute proceedings and facilitating transactions in under the Rules. Moreover, the under Section 19(b)(2)(B) 13 of the Act to securities, to remove impediments to proposed rule change will remove determine whether the proposed rule and perfect the mechanism of a free and impediments to and perfect the change should be approved or open market and a national market mechanism of a free and open market disapproved. system, and, in general, to protect and national market system by making investors and the public interest. the indicative values publicly available IV. Solicitation of Comments Additionally, the Exchange believes the and free for all participants to access, as Interested persons are invited to proposed rule change is consistent with opposed to the current dissemination of submit written data, views, and the Section 6(b)(5) 10 requirement that such prices to OPRA, for which market arguments concerning the foregoing, the rules of an exchange not be designed participants must pay a fee to access. including whether the proposed rule to permit unfair discrimination between change is consistent with the Act. customers, issuers, brokers, or dealers. B. Self-Regulatory Organization’s Comments may be submitted by any of The Exchange notes that the proposed Statement on Burden on Competition the following methods: rule does not present any new or novel The Exchange does not believe that functionality, as it will continue to use the proposed rule change will impose Electronic Comments the EOD logic in the same manner for any burden on competition that is not • Use the Commission’s internet calculating indicative values as it does necessary or appropriate in furtherance comment form (http://www.sec.gov/ today for all trading days. The proposed of the purposes of the Act. The rules/sro.shtml); or change merely applies the current EOD Exchange does not believe that the • Send an email to rule-comments@ logic to every trading day, including the proposed rule change will impose any sec.gov. Please include File Number SR– last business day of the calendar month. burden on intramarket competition CBOE–2019–046 on the subject line. As such, the proposed rule change will because the dissemination of EOD Paper Comments protect investors by fostering indicative values does not impact • cooperation and coordination with trading on the Exchange, but is intended Send paper comments in triplicate market participants processing merely to make indicative pricing to the Secretary, Securities and information with respect to securities information available to all market Exchange Commission, 100 F Street NE, and by removing impediments to and participants. Likewise, the Exchange Washington, DC 20549–1090. perfecting the mechanism of a free and does not believe that the proposed rule All submissions should refer to File open market and national market system change will impose any burden on Number SR–CBOE–2019–046. This file by providing market participants with a intermarket competition because the number should be included on the streamlined indicative price process. indicative values will be publicly subject line if email is used. To help the The Exchange believes this will make available, e.g., on the Exchange’s Commission process and review your the process itself easier to understand website, to all market participants for comments more efficiently, please use within the Exchange Rules, as well as free. only one method. The Commission will provide easier access to such pricing. In post all comments on the Commission’s addition to streamlining the process for C. Self-Regulatory Organization’s internet website (http://www.sec.gov/ each trading day, removing the Statement on Comments on the rules/sro.shtml). Copies of the theoretical fair value process for EOM Proposed Rule Change Received From submission, all subsequent will also remove impediments to and Members, Participants, or Others amendments, all written statements perfect the mechanism of a free and The Exchange neither solicited nor with respect to the proposed rule open market and national market system received comments on the proposed change that are filed with the by providing market participants with rule change. Commission, and all written rules that will accurately reflect the III. Date of Effectiveness of the communications relating to the manner in the Exchange’s System will Proposed Rule Change and Timing for proposed rule change between the Commission Action 8 15 U.S.C. 78f(b). 11 15 U.S.C. 78s(b)(3)(A). 9 15 U.S.C. 78f(b)(5). Because the foregoing proposed rule 12 17 CFR 240.19b–4(f)(6). 10 Id. change does not: 13 15 U.S.C. 78s(b)(2)(B).
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Commission and any person, other than Management Company, LLC (the classes of shares, each having its own those that may be withheld from the ‘‘Adviser’’). fee and expense structure, and to public in accordance with the FILING DATES: The application was filed impose asset-based distribution and provisions of 5 U.S.C. 552, will be on February 25, 2019 and amended on service fees, and EWCs. available for website viewing and May 29, 2019 and July 29, 2019. 4. Applicants request that the order printing in the Commission’s Public HEARING OR NOTIFICATION OF HEARING: An also apply to any continuously offered Reference Room, 100 F Street NE, order granting the requested relief will registered closed-end management Washington, DC 20549, on official be issued unless the Commission orders investment company that has been business days between the hours of a hearing. Interested persons may previously organized or that may be 10:00 a.m. and 3:00 p.m. Copies of the request a hearing by writing to the organized in the future for which the filing also will be available for Commission’s Secretary and serving Adviser or any entity controlling, inspection and copying at the principal applicants with a copy of the request, controlled by, or under common control office of the Exchange. All comments personally or by mail. Hearing requests with the Adviser, or any successor in received will be posted without change. should be received by the Commission interest to any such entity,1 acts as Persons submitting comments are by 5:30 p.m. on September 23, 2019, investment adviser and which operates cautioned that we do not redact or edit and should be accompanied by proof of as an interval fund pursuant to rule personal identifying information from service on the applicants, in the form of 23c–3 under the Act or provides comment submissions. You should an affidavit, or, for lawyers, a certificate periodic liquidity with respect to its submit only information that you wish of service. Pursuant to rule 0–5 under shares pursuant to rule 13e–4 under the to make available publicly. All the Act, hearing requests should state Securities Exchange Act of 1934 submissions should refer to File the nature of the writer’s interest, any (‘‘Exchange Act’’) (each, a ‘‘Future Number SR–CBOE–2019–046 and facts bearing upon the desirability of a Fund’’ and together with the Initial should be submitted on or before hearing on the matter, the reason for the Fund, the ‘‘Funds’’).2 September 20, 2019. request, and the issues contested. 5. The Initial Fund will make a For the Commission, by the Division of Persons who wish to be notified of a continuous public offering of its shares. Trading and Markets, pursuant to delegated hearing may request notification by Applicants state that additional authority.14 writing to the Commission’s Secretary. offerings by any Fund relying on the Jill M. Peterson, ADDRESSES: Secretary, U.S. Securities order may be on a private placement or Assistant Secretary. and Exchange Commission, 100 F Street public offering basis. Shares of the Funds will not be listed on any [FR Doc. 2019–18753 Filed 8–29–19; 8:45 am] NE, Washington, DC 20549–1090; securities exchange, nor quoted on any BILLING CODE 8011–01–P Applicants: Hartford Schroders Opportunistic Income Fund and quotation medium. The Funds do not Hartford Funds Management Company, expect there to be a secondary trading SECURITIES AND EXCHANGE LLC, 690 Lee Road, Wayne, market for their shares. COMMISSION Pennsylvania 19087. 6. If the requested relief is granted, the Initial Fund may also offer additional FOR FURTHER INFORMATION CONTACT: [Investment Company Act Release No. classes of shares in the future, with each Bradley Gude, Senior Counsel, at (202) 33610; File No. 812–15004] class having its own fee and expense 551–5590, or Trace W. Rakestraw, structure. Hartford Schroders Opportunistic Branch Chief, at (202) 551–6825 7. Applicants state that, from time to Income Fund and Hartford Funds (Division of Investment Management, time, the Funds may create additional Management Company, LLC Chief Counsel’s Office). classes of shares, the terms of which SUPPLEMENTARY INFORMATION: The August 27, 2019. may differ from the initial class following is a summary of the AGENCY: pursuant to and in compliance with rule Securities and Exchange application. The complete application Commission (‘‘Commission’’). 18f–3 under the Act. may be obtained via the Commission’s 8. Applicants state that the Initial ACTION: Notice. website by searching for the file Fund will adopt a fundamental policy to Notice of an application under section number, or for an applicant using the repurchase a specified percentage of its 6(c) of the Investment Company Act of Company name box, at http:// shares (no less than 5% and not more 1940 (the ‘‘Act’’) for an exemption from www.sec.gov/search/search.htm or by than 25%) at net asset value on a sections 18(a)(2), 18(c), and 18(i) of the calling (202) 551–8090. periodic basis. Such repurchase offers Act, under sections 6(c) and 23(c) of the Applicants’ Representations will be conducted pursuant to rule 23c– 3 under the Act.3 Each Future Fund will Act for an exemption from rule 23c–3 1. The Initial Fund is a Delaware likewise adopt a fundamental under the Act, and for an order pursuant statutory trust that is registered under investment policy in compliance with to section 17(d) of the Act and rule 17d– the Act as a diversified, closed-end 1 under the Act. management investment company. The 1 SUMMARY OF APPLICATION: Applicants A successor in interest is limited to an entity Initial Fund’s investment objective will that results from a reorganization into another request an order to permit certain be to provide current income and long- jurisdiction or a change in the type of business registered closed-end management term return consistent with preservation organization. investment companies to issue multiple of capital. 2 Any Fund relying on this relief in the future will classes of shares and to impose asset- 2. The Adviser is a Delaware limited do so in compliance with the terms and conditions of the application. Applicants represent that each based service and distribution fees, and liability company registered as an entity presently intending to rely on the requested early withdrawal charges (‘‘EWCs’’). investment adviser under the relief is listed as an applicant. APPLICANTS: Hartford Schroders Investment Advisers Act of 1940. The 3 Applicants submit that rule 23c–3 and Opportunistic Income Fund (the ‘‘Initial Adviser will serve as investment adviser Regulation M under the Exchange Act permit an interval fund to make repurchase offers to Fund’’) and Hartford Funds to the Initial Fund. repurchase its shares while engaging in a 3. The applicants seek an order to continuous offering of its shares pursuant to rule 14 17 CFR 200.30–3(a)(12). permit the Initial Fund to issue multiple 415 under the Securities Act of 1933.
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rule 23c–3 and make periodic categories of shareholders or payment of dividends,’’ and being repurchase offers to its shareholders, or transactions to be established from time deemed a ‘‘senior security,’’ because provide periodic liquidity with respect to time. Applicants state that each of the shareholders of different classes may to its shares pursuant to rule 13e–4 Funds will apply the EWC (and any pay different distribution fees, different under the Exchange Act. Any waivers or scheduled variations of the shareholder services fees, and any other repurchase offers made by the Funds EWC) uniformly to all shareholders in a expense (as described elsewhere this will be made to all holders of shares of given class and consistently with the Notice). Accordingly, applicants state each such Fund. requirements of rule 22d–1 under the that the creation of multiple classes of 9. Applicants represent that any asset- Act as if the Funds were open-end Shares of a Fund with different fees and based service and/or distribution fees investment companies. expenses may be prohibited by section for each class of shares will comply 12. Each Fund operating as an interval 18(c). with the provisions of FINRA Rule 2341 fund pursuant to rule 23c–3 under the 3. Section 18(i) of the Act provides (‘‘Sales Charge Rule’’).4 Applicants also Act may offer its shareholders an that each share of stock issued by a represent that each Fund will disclose exchange feature under which the registered management investment in its prospectus the fees, expenses, and shareholders of the Fund may, in company will be a voting stock and other characteristics of each class of connection with the Fund’s periodic have equal voting rights with every shares offered for sale by the prospectus, repurchase offers, exchange their shares other outstanding voting stock. as is required for open-end multiple of the Fund for shares of the same class Applicants state that multiple classes of class funds under Form N–1A. As is of (i) registered open-end investment shares of the Funds may violate section required for open-end funds, each Fund companies or (ii) other registered 18(i) of the Act because each class will disclose its expenses in shareholder closed-end investment companies that would be entitled to exclusive voting reports, and describe any arrangements comply with rule 23c–3 under the Act rights with respect to matters solely that result in breakpoints in or and continuously offer their shares at related to that class. elimination of sales loads in its net asset value, that are in the Fund’s 4. Section 6(c) of the Act provides that prospectus.5 In addition, applicants will group of investment companies the Commission may exempt any comply with applicable enhanced fee (collectively, ‘‘Other Funds’’). Shares of person, security or transaction or any disclosure requirements for fund of a Fund operating pursuant to rule 23c– class or classes of persons, securities or funds, including registered funds of 3 that are exchanged for shares of Other transactions from any provision of the hedge funds.6 Funds will be included as part of the Act, or from any rule or regulation 10. Each of the Funds will comply amount of the repurchase offer amount under the Act, if and to the extent such with any requirements that the for such Fund as specified in rule 23c– exemption is necessary or appropriate Commission or FINRA may adopt 3 under the Act. Any exchange option in the public interest and consistent regarding disclosure at the point of sale will comply with rule 11a–3 under the with the protection of investors and the and in transaction confirmations about Act, as if the Fund were an open-end purposes fairly intended by the policy the costs and conflicts of interest arising investment company subject to rule and provisions of the Act. Applicants out of the distribution of open-end 11a–3. In complying with rule 11a–3, request an exemption under section 6(c) investment company shares, and each Fund will treat an EWC as if it from sections 18(a)(2), 18(c) and 18(i) to regarding prospectus disclosure of sales were a contingent deferred sales load permit the Funds to issue multiple classes of shares. loads and revenue sharing (‘‘CDSL’’). 5. Applicants submit that the arrangements, as if those requirements Applicants’ Legal Analysis proposed allocation of expenses relating applied to each Fund. In addition, each to distribution and voting rights among Fund will contractually require that any Multiple Classes of Shares multiple classes is equitable and will distributor of the Fund’s shares comply 1. Section 18(a)(2) of the Act makes it not discriminate against any group or with such requirements in connection unlawful for a closed-end investment class of shareholders. Applicants submit with the distribution of such Fund’s company to issue a senior security that that the proposed arrangements would shares. is a stock unless certain requirements permit a Fund to facilitate the 11. Applicants state that each Fund are met. Applicants state that the distribution of its securities and provide may impose an EWC on shares creation of multiple classes of shares of investors with a broader choice of submitted for repurchase that have been the Funds may violate section 18(a)(2) shareholder services. Applicants assert held less than a specified period and because the Funds may not meet such that the proposed closed-end may waive the EWC for certain requirements with respect to a class of investment company multiple class shares that may be a senior security. structure does not raise the concerns 4 Any reference to the Sales Charge Rule includes any successor or replacement rule that may be 2. Section 18(c) of the Act provides, underlying section 18 of the Act to any adopted by the Financial Industry Regulatory in relevant part, that a registered closed- greater degree than open-end Authority (‘‘FINRA’’). end investment company may not issue investment companies’ multiple class 5 See Shareholder Reports and Quarterly Portfolio or sell any senior security that is stock structures that are permitted by rule Disclosure of Registered Management Investment if, immediately thereafter, the company Companies, Investment Company Act Release No. 18f–3 under the Act. Applicants state 26372 (Feb. 27, 2004) (adopting release) (requiring has outstanding more than one class of that each Fund will comply with the open-end investment companies to disclose fund senior security that is stock. Section provisions of rule 18f–3 as if it were an expenses in shareholder reports); and Disclosure of 18(g) of the Act defines ‘‘senior open-end investment company. Breakpoint Discounts by Mutual Funds, Investment security’’ that is stock as ‘‘any stock of Company Act Release No. 26464 (June 7, 2004) Early Withdrawal Charges (adopting release) (requiring open-end investment a class having priority over any other companies to provide prospectus disclosure of class as to distribution of assets or 1. Section 23(c) of the Act provides, certain sales load information). payment of dividends.’’ Applicants state in relevant part, that no registered 6 Fund of Funds Investments, Investment that the creation of multiple classes of closed-end investment company shall Company Act Rel. Nos. 26198 (Oct. 1, 2003) purchase securities of which it is the (proposing release) and 27399 (Jun. 20, 2006) Shares of a Fund proposed herein may (adopting release). See also Rules 12d1–1, et seq. of result in Shares of a class having issuer, except: (a) On a securities the Act. ‘‘priority over [another] class as to . . . exchange or other open market; (b)
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pursuant to tenders, after reasonable Asset-Based Service and Distribution Applicants’ Condition opportunity to submit tenders given to Fees Applicants agree that any order all holders of securities of the class to granting the requested relief will be be purchased; or (c) under other 1. Section 17(d) of the Act and rule 17d–1 under the Act prohibit an subject to the following condition: circumstances as the Commission may Each Fund relying on the order will affiliated person of a registered permit by rules and regulations or comply with the provisions of rules 6c– investment company, or an affiliated orders for the protection of investors. 10, 12b–1, 17d–3, 18f–3, 22d–1, and, person of such person, acting as where applicable, 11a–3 under the Act, 2. Rule 23c–3 under the Act permits principal, from participating in or an interval fund to make repurchase as amended from time to time, as if effecting any transaction in connection those rules applied to closed-end offers of between five and twenty-five with any joint enterprise or joint percent of its outstanding shares at net management investment companies, arrangement in which the investment and will comply with the Sales Charge asset value at periodic intervals company participates unless the pursuant to a fundamental policy of the Rule, as amended from time to time, as Commission issues an order permitting if that rule applied to all closed–end interval fund. Rule 23c–3(b)(1) under the transaction. In reviewing management investment companies. the Act permits an interval fund to applications submitted under section For the Commission, by the Division of deduct from repurchase proceeds only a 17(d) and rule 17d–1, the Commission repurchase fee, not to exceed two Investment Management, under delegated considers whether the participation of authority. percent of the proceeds, that is paid to the investment company in a joint Jill M. Peterson, the interval fund and is reasonably enterprise or joint arrangement is intended to compensate the fund for Assistant Secretary. consistent with the provisions, policies expenses directly related to the [FR Doc. 2019–18819 Filed 8–29–19; 8:45 am] and purposes of the Act, and the extent repurchase. A Fund will not impose a BILLING CODE 8011–01–P to which the participation is on a basis repurchase fee on investors who different from or less advantageous than purchase and tender their shares. that of other participants. SECURITIES AND EXCHANGE 3. Section 23(c)(3) provides that the 2. Rule 17d–3 under the Act provides COMMISSION Commission may issue an order that an exemption from section 17(d) and would permit a closed-end investment [Release No. 34–86765; File No. SR–CBOE– rule 17d–1 to permit open-end 2019–047] company to repurchase its shares in investment companies to enter into circumstances in which the repurchase distribution arrangements pursuant to Self-Regulatory Organizations; Cboe is made in a manner or on a basis that rule 12b–1 under the Act. Applicants Exchange, Inc.; Notice of Filing and does not unfairly discriminate against request an order under section 17(d) and Immediate Effectiveness of a Proposed any holders of the class or classes of rule 17d–1 under the Act to the extent Rule Change Amending Its Fees securities to be purchased. Schedule necessary to permit the Funds to impose 4. Applicants request relief under asset-based service and distribution August 26, 2019. section 6(c), discussed above, and fees. Applicants have agreed to comply Pursuant to Section 19(b)(1) of the section 23(c)(3) from rule 23c–3 to the with rules 12b–1 and 17d–3 as if those Securities Exchange Act of 1934 (the extent necessary for the Funds to rules applied to closed–end investment ‘‘Act’’),1 and Rule 19b–4 thereunder,2 impose EWCs on shares of the Funds companies, which they believe will notice is hereby given that on August submitted for repurchase that have been resolve any concerns that might arise in 13, 2019, Cboe Exchange, Inc. (the held for less than a specified period. connection with a Fund financing the ‘‘Exchange’’ or ‘‘Cboe Options’’) filed 5. Applicants state that the EWCs they distribution of its shares through asset- with the Securities and Exchange intend to impose are functionally based service and distribution fees. Commission (the ‘‘Commission’’) the similar to CDSLs imposed by open-end 3. For the reasons stated above, proposed rule change as described in Items I, II, and III below, which Items investment companies under rule 6c–10 applicants submit that the exemptions have been prepared by the Exchange. under the Act. Rule 6c–10 permits open- requested under section 6(c) are The Commission is publishing this end investment companies to impose necessary and appropriate in the public CDSLs, subject to certain conditions. notice to solicit comments on the interest and are consistent with the proposed rule change from interested Applicants note that rule 6c–10 is protection of investors and the purposes grounded in policy considerations persons. fairly intended by the policy and supporting the employment of CDSLs provisions of the Act. Applicants further I. Self-Regulatory Organization’s where there are adequate safeguards for submit that the relief requested Statement of the Terms of Substance of the investor and state that the same pursuant to section 23(c)(3) will be the Proposed Rule Change policy considerations support consistent with the protection of Cboe Exchange, Inc. (the ‘‘Exchange’’ imposition of EWCs in the interval fund investors and will insure that applicants or ‘‘Cboe Options’’) proposes to amend context. In addition, applicants state do not unfairly discriminate against any its fees schedule. The text of the that EWCs may be necessary for the holders of the class of securities to be proposed rule change is provided in distributor to recover distribution costs. purchased. Finally, applicants state that Exhibit 5. Applicants represent that any EWC the Funds’ imposition of asset-based The text of the proposed rule change imposed by the Funds will comply with service and distribution fees is is also available on the Exchange’s rule 6c–10 under the Act as if the rule consistent with the provisions, policies, website (http://www.cboe.com/ were applicable to closed–end and purposes of the Act and does not AboutCBOE/ investment companies. The Funds will CBOELegalRegulatoryHome.aspx), at disclose EWCs in accordance with the involve participation on a basis different from or less advantageous than that of requirements of Form N–1A concerning 1 other participants. 15 U.S.C. 78s(b)(1). CDSLs. 2 17 CFR 240.19b–4.
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the Exchange’s Office of the Secretary, products, in response to fee changes. been between 16.5% and 18.3%. In and at the Commission’s Public Accordingly, competitive forces recent months, the Exchange’s Reference Room. constrain the Exchange’s transaction percentage of such market share has fees, and market participants can readily hovered closer to the lower end of this II. Self-Regulatory Organization’s trade on competing venues if they deem scale. As stated, the Exchange operates Statement of the Purpose of, and pricing levels at those other venues to in a highly competitive market where no Statutory Basis for, the Proposed Rule be more favorable. In response to the single options exchange possesses Change competitive environment, the Exchange significant pricing power in the In its filing with the Commission, the offers tiered pricing in it Fees Schedule, execution of option order flow, and the Exchange included statements like that of other options exchanges fees ever-shifting market share among the concerning the purpose of and basis for schedules,6 which provides Trading exchanges from month to month the proposed rule change and discussed Permit Holders (‘‘TPHs’’) opportunities demonstrates that market participants any comments it received on the to qualify for higher rebates or reduced can shift order flow. Therefore, in light proposed rule change. The text of these fees where certain volume criteria and of the declination of the Exchange’s statements may be examined at the thresholds are met. Tiered pricing market share in customer volume and places specified in Item IV below. The provides an incremental incentive for competitive forces, the Exchange now Exchange has prepared summaries, set TPHs to strive for higher tier levels, proposes to amend the volume forth in sections A, B, and C below, of which provides increasingly higher thresholds for Tiers 4 and 5. Currently, the most significant aspects of such benefits or discounts for satisfying a TPH may meet the criteria under Tier statements. increasingly more stringent criteria. 4 if its qualifying volume in the A. Self-Regulatory Organization’s For example, under VIP, the Exchange qualifying classes is above 3.00% and Statement of the Purpose of, and credits each TPH the per contract up to 3.75% of national customer Statutory Basis for, the Proposed Rule amount set forth in the VIP table for volume, and may meet criteria under Change Public Customer (origin code ‘‘C’’) Tier 5 if their qualifying volume is orders transmitted by TPHs (with above 3.75% of national customer 1. Purpose certain exceptions) 7 and executed volume. The Exchange now proposes to The Exchange proposes to amend its electronically on the Exchange, increase the volume threshold Fees Schedule in connection with the provided the TPH meets certain volume percentage in Tier 4 to above 3.00% and Volume Incentive Program (‘‘VIP’’). The thresholds, in which volume for up to 4.00% and to increase the Exchange intends to implement the Professional Customers and Voluntary threshold percentage in Tier 5 to above proposed change on August 1, 2019.3 Professionals (‘‘Professional 4.00%. The purpose of these changes is The Exchange first notes that it Customers’’) (origin code ‘‘W’’), Broker- to adjust for current volume trends by operates in a highly competitive market Dealers (origin code ‘‘B’’), and Joint encouraging more volume as the in which market participants can Back-Offices (‘‘JBO’’) (origin code ‘‘J’’) Exchange’s market share in customer readily direct order flow to competing orders are counted toward reaching volume has declined over recent months venues if they deem fee levels at a such thresholds. Specifically, the and the proposed increased threshold is particular venue to be excessive or percentage thresholds are calculated per designed to incentivize more volume to incentives to be insufficient. More month based on the percentage of earn the same credits while also specifically, the Exchange is only one of national customer volume in all maintaining an incremental incentive 16 options venues to which market underlying symbols entered and for TPHs to strive for the highest tier participants may direct their order flow. executed, excluding those in Underlying level. The Exchange notes that the 8 9 Based on publicly available information, Symbol List A, Sector Indexes, the credits offered under VIP are not no single options exchange has more MSCI EAFE Index (‘‘MXEA’’), the MSCI changing. The proposed change is than 20% of the market share.4 The Emerging Market Index (‘‘MXEF’’), designed to increase the amount of Exchange notes that a similar statistic is Mini-NDX Index (‘‘MNX’’), the volume TPHs provide on the Exchange also true for exchange market share in NASDAQ–100 Index (‘‘NDX’’), the Dow and further encourage them to connection with customer volume; no Jones Industrial Average Index (‘‘DJX’’), contribute to a deeper, more liquid single options exchange has more than Mini-SPX Index (‘‘XSP’’) and Mini-XSP market, as well as to increase 19% of customer volume.5 Thus, in Index (AM Settlement) (‘‘XSPAM’’). VIP transactions and take such execution such a low-concentrated and highly offers rates for both Complex and opportunities provided by such competitive market, no single options Simple orders (both in AIM and Non- increased liquidity. The Exchange exchange possesses significant pricing AIM orders, respectively). The Exchange believes that this, in turn, benefits all power in the execution of option order notes that its market share in customer market participants by contributing flow. The Exchange believes that the volume (which includes Customer, towards a robust and well-balanced Professional Customers, Broker-Dealer, market ecosystem. The Exchange notes ever-shifting market share among the 10 exchanges from month to month and JBO order flow) has historically the proposed tiers are competitively demonstrates that market participants achievable for all TPHs that submit 6 can shift order flow, or discontinue to See e.g., NASDAQ Stock Market Rules, Options significant customer order flow, in that Rules, Options 7 Pricing Schedule, Sec. 2 Options all firms that submit the requisite reduce use of certain categories of Market—Fees and Rebates, Tiers 1–6; see also NYSE Arca Options, Fees and Charges, Customer Posting significant customer order flow could 3 The Exchange initially filed the proposed fee Credit Tiers in Non-Penny Pilot Issues. compete to meet the tiers. 7 change pursuant to SR–CBOE–2019–041 and has See Cboe Options Fees Schedule, Footnote 36. 2. Statutory Basis withdrawn that filing and submitted this filing. 8 See Cboe Options Fees Schedule, Footnote 34. 4 See Cboe Global Markets U.S. Options Market Underlying Symbol List A includes Underlying The Exchange believes that the Volume Summary (July 31, 2019), available at Symbol List A: OEX, XEO, RUT, RLG, RLV, RUI, proposed rule change is consistent with https://markets.cboe.com/us/options/market_ AWDE, FTEM, FXTM, UKXM, SPX (includes the objectives of Section 6 of the Act, in statistics/. SPXw), VIX, VOLATILITY INDEXES and binary 5 Options Clearing Corporation (‘‘OCC’’) cleared options. general, and furthers the objectives of customer volume, available at https:// 9 See Cboe Options Fees Schedule, Footnote 47. Section 6(b)(4), in particular, as it is www.theocc.com/market-data/volume/default.jsp. 10 See supra note 5. designed to provide for the equitable
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allocation of reasonable dues, fees and presently comparable to those that the month-to-month to align with changing other charges among its Members and Exchange provides, including the market trends and conditions, as well as issuers and other persons using its pricing of comparable tiers.12 pricing and functionality changes across facilities. The Exchange also believes The Exchange believes adjusting the other exchanges, and without having a that the proposed rule change is VIP volume thresholds for Tiers 4 and view of activity on other markets and consistent with the objectives of Section 5 is reasonable because it adjusts for the off-exchange venues, the Exchange has 6(b)(5) requirements that the rules of an current volume trends and is a no way of knowing whether this exchange be designed to prevent reasonable means to continue to proposed rule change would encourage TPHs to increase their overall fraudulent and manipulative acts and definitively result in a shift of TPHs practices, to promote just and equitable order flow to the Exchange based on qualifying for the proposed tiers. While principles of trade, to foster cooperation increasing their Customer, Professional the Exchange has no way of predicting and coordination with persons engaged Customer, Broker-Dealer, and JBO in regulating, clearing, settling, executed orders as a percentage of with certainty how the rule change will processing information with respect to, national customer volume. Particularly, impact Trading Permit Holders, the and facilitating transactions in the Exchange believes the proposed Exchange anticipates the impact of the securities, to remove impediments to threshold change is reasonable because proposed change to be minimal in at and perfect the mechanism of a free and it will encourage increased volume, thus least one TPH will be able to reach open market and a national market a deeper, more liquid market, and an proposed Tier 5. The Exchange notes system, and, in general, to protect increase in transaction opportunities that typically five or six firms compete investors and the public interest, and, provided by the increased liquidity. In to qualify across all of the VIP tiers and particularly, is not designed to permit turn, these increases benefit all TPHs by at least two such firms typically unfair discrimination between contributing towards a robust and well- compete to qualify for the top two tiers. customers, issuers, brokers, or dealers. balanced market ecosystem. Increased As stated, the Exchange believes that the The Exchange operates in a highly overall order flow benefits all investors proposed threshold increases do not competitive market in which market by deepening the Exchange’s liquidity represent a significant departure from participants can readily direct order pool, providing greater execution the current required criteria, is still flow to competing venues if they deem incentives and opportunities, offering reasonable based on the difficulty of fee levels at a particular venue to be additional flexibility for all investors to satisfying each tier’s criteria, and is excessive or incentives to be enjoy cost savings, supporting the appropriately aligned with the insufficient. The proposed rule change quality of price discovery, promoting incremental difficulty to achieve the reflects a competitive pricing structure market transparency, and improving designed to incentivize market investor protection. existing VIP tiers. As such, the participants to direct their order flow to The proposed volume thresholds also Exchange does not anticipate the the Exchange, which the Exchange do not represent a significant departure proposed threshold change to impact believes would enhance market quality from the current required criteria under the number of firms that compete across to the benefit of all TPHs. the Exchange’s existing tiers and is all tiers, including those that regularly In particular, the Exchange believes therefore still reasonable based on the compete across the top two tiers, but the proposed tier is reasonable because difficulty of satisfying the tiers’ criteria instead encourages competition by it continues to encourage TPHs to take and ensures the existing credit and encouraging increase in order flow to the opportunity to receive credits on proposed thresholds appropriately meet the proposed tiers. Therefore, the Customer orders by reaching the reflect the incremental difficulty to Exchange does not believe that the proposed volume thresholds. The achieve the existing VIP tiers. For proposed tiers are unfairly Exchange notes that relative volume- example, the volume threshold amount discriminatory as it would not impact based incentives and discounts have under existing Tier 3 is currently set as the range of typical competition across been widely adopted by exchanges 11 a range within a whole percentage such tiers. and are reasonable, equitable and non- point, between 2.00% up to 3.00%. The discriminatory because they are open to Exchange believes the proposed tiers are The Exchange also notes that the all members on an equal basis and in line with this existing tier, as the proposed tier will not adversely impact provide additional benefits or discounts natural next highest tier, both in any TPH’s pricing or ability to qualify that are reasonably related to (i) the required criteria and credits, is for other credit tiers. Rather, should a value to an exchange’s market quality reasonable to also set as a range within TPH not meet the proposed criteria, the and (ii) associated higher levels of a whole percentage point, between TPH will merely not receive the market activity, such as higher levels of 3.00% and 4.00%, and then over 4.00%, proffered credit. liquidity provision and/or growth as proposed. The Exchange also believes The Exchange also notes that, while patterns. Additionally, as noted above, that a volume threshold increase of .25 only certain orders would count the Exchange operates in a highly percentage points is a reasonable towards the qualifying thresholds, competitive market. The Exchange is increment to encourage overall order specifically, Customer, Professional only one of several options venues to flow to the Exchange without so Customer, Broker-Dealer and JBO order, which market participants may direct significantly increasing the difficulty in these market participants’ orders are their order flow. Competing options reach the tiers’ criteria. primarily executed by an agent and VIP exchanges offer similar tiered pricing The Exchange believes that the structures to that of the Exchange, proposal represents an equitable is an incentive program for agency including schedules of rebates/credits allocation of rebates and is not unfairly trading, whose order flow would bring and fees that apply based upon discriminatory because all TPHs have greater volume and liquidity, which members achieving certain volume and/ the opportunity to meet the proposed benefits all market participants by or growth thresholds. These competing tier thresholds. Given that TPHs change providing more trading opportunities pricing schedules, moreover, are their trading strategies and patterns and tighter spreads. The Exchange notes that incentive programs based on 11 See supra note 6. 12 Id. aggregate volume of certain agency
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trading market participants also exist on credit if such criteria is met. As promoting market competition in its other options exchanges.13 described above, while only certain broader forms that are most important to Additionally, the Exchange believes orders would count towards the investors and listed companies.’’ 17 The that it is equitable and not unfairly qualifying thresholds, specifically, fact that this market is competitive has discriminatory to continue to only apply Customers, Professionals, Broker- also long been recognized by the courts. credits to Customer orders (i.e., ‘‘C’’ Dealers and JBOs, these market In NetCoalition v. Securities and origin code) because Customer order participants’ orders are primarily Exchange Commission, the D.C. Circuit flow enhances liquidity on the executed as agency orders, whose order stated as follows: ‘‘[n]o one disputes Exchange for the benefit of all market flow would bring greater volume and that competition for order flow is participants. Specifically, Customer liquidity, which benefits all market ‘fierce.’ . . . As the SEC explained, ‘[i]n volume is important because it participants by providing more trading the U.S. national market system, buyers continues to attract liquidity to the opportunities and tighter spreads. and sellers of securities, and the broker- Exchange, which benefits all market Moreover, the Exchange does not dealers that act as their order-routing participants by providing more trading believe the current application of the agents, have a wide range of choices of opportunities, which attracts Market- credit to Customer orders imposes any where to route orders for execution’; Makers. An increase in Market-Maker burden on intermarket competition [and] ‘no exchange can afford to take its activity, in turn, facilitates tighter because, as stated, preferential pricing market share percentages for granted’ spreads, which may cause an additional to Customers is a long-standing options because ‘no exchange possesses a corresponding increase in order flow industry practice which serves to monopoly, regulatory or otherwise, in from other market participants. enhance Customer order flow, thereby the execution of order flow from broker Moreover, the options industry has a attracting Marker-Makers to facilitate dealers’. . . .’’.18 Accordingly, the long history of providing preferential tight spreads and trading opportunities Exchange does not believe its proposed pricing to Customers orders and the to the benefit of all market participants. fee change imposes any burden on Exchange’s current Fees Schedule Overall, the proposed change is competition that is not necessary or currently does so in many places, as do designed to encourage additional order appropriate in furtherance of the the fees structures of multiple other flow to the Exchange, which the purposes of the Act. exchanges.14 Exchange believes benefits all market participants on the Exchange by C. Self-Regulatory Organization’s B. Self-Regulatory Organization’s Statement on Comments on the Statement on Burden on Competition providing more liquidity, thus trading opportunities, encouraging even more Proposed Rule Change Received From The Exchange does not believe that TPHs to send orders, thereby Members, Participants, or Others the proposed rule change will not contributing towards a robust and well- The Exchange neither solicited nor impose any burden on intramarket or balanced market ecosystem to the received comments on the proposed intermarket competition that is not benefit of all market participants. rule change. necessary or appropriate in furtherance Next, the Exchange believes the of the purposes of the Act. Rather, as proposed rule change does not impose III. Date of Effectiveness of the discussed above, the Exchange believes any burden on intermarket competition Proposed Rule Change and Timing for that the proposed change would that is not necessary or appropriate in Commission Action encourage the submission of additional furtherance of the purposes of the Act. The foregoing rule change has become liquidity to a public exchange, thereby As previously discussed, the Exchange effective pursuant to Section 19(b)(3)(A) promoting market depth, price operates in a highly competitive market. of the Act 19 and paragraph (f) of Rule discovery and transparency and Members have numerous alternative 19b–4 20 thereunder. At any time within enhancing order execution venues that they may participate on and 60 days of the filing of the proposed rule opportunities for all TPHs. As a result, direct their order flow, including 15 change, the Commission summarily may the Exchange believes that the proposed other options exchanges. Based on temporarily suspend such rule change if change furthers the Commission’s goal publicly available information, no single it appears to the Commission that such in adopting Regulation NMS of fostering options exchange has more than 20% of action is necessary or appropriate in the competition among orders, which the market share.16 Therefore, no public interest, for the protection of promotes ‘‘more efficient pricing of exchange possesses significant pricing investors, or otherwise in furtherance of individual stocks for all types of orders, power in the execution of option order the purposes of the Act. If the large and small.’’ 15 flow. Indeed, participants can readily Commission takes such action, the The Exchange believes the proposed choose to send their orders to other Commission will institute proceedings rule change does not impose any burden exchange, and, additionally off- to determine whether the proposed rule on intramarket competition that is not exchange venues, if they deem fee levels change should be approved or necessary or appropriate in furtherance at those other venues to be more disapproved. of the purposes of the Act. Particularly, favorable. Moreover, the Commission the proposed change applies to all TPHs has repeatedly expressed its preference IV. Solicitation of Comments submitting qualified orders equally, in for competition over regulatory Interested persons are invited to that all TPHs submitting such orders are intervention in determining prices, submit written data, views, and eligible for the proposed tiers, have a products, and services in the securities arguments concerning the foregoing, reasonable opportunity to meet the tiers’ markets. Specifically, in Regulation including whether the proposed rule criteria and will all receive the existing NMS, the Commission highlighted the importance of market forces in 17 See Securities Exchange Act Release No. 51808 13 See NASDAQ Stock Market Rules, Options determining prices and SRO revenues (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). Rules, Options 7 Pricing Schedule, Sec. 2 Options and, also, recognized that current 18 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Market—Fees and Rebates, Tiers 1–6. regulation of the market system ‘‘has Cir. 2010) (quoting Securities Exchange Act Release 14 See id, specifically, Tier 6. No. 59039 (December 2, 2008), 73 FR 74770, 74782– 15 See Securities Exchange Act Release No. 51808, been remarkably successful in 83 (December 9, 2008) (SR–NYSEArca–2006–21)). 70 FR 37495, 37498–99 (June 29, 2005) (S7–10–04) 19 15 U.S.C. 78s(b)(3)(A). (Final Rule). 16 See supra note 4. 20 17 CFR 240.19b–4(f).
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change is consistent with the Act. SECURITIES AND EXCHANGE the First Trust TCW Unconstrained Plus Comments may be submitted by any of COMMISSION Bond ETF (‘‘Fund’’), the shares the following methods: (‘‘Shares’’) of which are currently listed [Release No. 34–86760; File No. SR– and traded on the Exchange under Electronic Comments NYSEArca–2019–33] NYSE Arca Rule 8.600–E, which • Use the Commission’s internet Self-Regulatory Organizations; NYSE governs the listing and trading of comment form (http://www.sec.gov/ Arca, Inc.; Order Instituting Managed Fund Shares on the Exchange. rules/sro.shtml); or Proceedings To Determine Whether To According to the Exchange, the Shares • Send an email to rule-comments@ Approve or Disapprove a Proposed of the Fund commenced trading on the sec.gov. Please include File Number SR– Rule Change, as Modified by Exchange on June 5, 2018 pursuant to CBOE–2019–047 on the subject line. Amendment No. 1, Regarding Changes the generic listing standards in to Investments of the First Trust TCW Commentary .01 to NYSE Arca Rule Paper Comments Unconstrained Plus Bond ETF 8.600–E. • Send paper comments in triplicate The Shares are offered by First Trust August 26, 2019. Exchange-Traded Fund VIII (‘‘Trust’’), to Secretary, Securities and Exchange On May 6, 2019, NYSE Arca, Inc. which is registered with the Commission, 100 F Street NE, (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed Commission as an open-end Washington, DC 20549–1090. with the Securities and Exchange management investment company.8 The All submissions should refer to File Commission (‘‘Commission’’), pursuant Fund is a series of the Trust. First Trust Number SR–CBOE–2019–047. This file to Section 19(b)(1) of the Securities Advisors L.P. is the investment adviser number should be included on the Exchange Act of 1934 (‘‘Act’’) 1 and Rule (‘‘Adviser’’) to the Fund. TCW subject line if email is used. To help the 19b–4 thereunder,2 a proposed rule Investment Management Company LLC Commission process and review your change to modify investments of the (‘‘TCW’’ or ‘‘Sub-Adviser’’), serves as comments more efficiently, please use First Trust TCW Unconstrained Plus the Fund’s investment sub-adviser.9 only one method. The Commission will Bond ETF, the shares of which are First Trust Portfolios L.P. is the post all comments on the Commission’s currently listed and traded on the distributor for the Fund’s Shares. The internet website (http://www.sec.gov/ Exchange pursuant to NYSE Arca Rule Bank of New York Mellon acts as the rules/sro.shtml). Copies of the 8.600–E. On May 16, 2019, the administrator, custodian, and transfer submission, all subsequent Exchange filed Amendment No. 1 to the agent for the Fund. amendments, all written statements proposed rule change. The proposed A. Principal Investments of the Fund with respect to the proposed rule rule change, as modified by Amendment change that are filed with the No. 1, was published for comment in According to the Exchange, the Commission, and all written the Federal Register on May 28, 2019.3 investment objective of the Fund is to communications relating to the On July 3, 2019, pursuant to Section seek to maximize long-term total return. proposed rule change between the 19(b)(2) of the Act,4 the Commission Under normal market conditions,10 the Commission and any person, other than designated a longer period within which those that may be withheld from the to approve the proposed rule change, found in the Notice (see supra note 3) and the Registration Statement (see infra note 8), as public in accordance with the disapprove the proposed rule change, or applicable. provisions of 5 U.S.C. 552, will be institute proceedings to determine 8 The Exchange represents that the Trust is available for website viewing and whether to approve or disapprove the registered under the Investment Company Act of printing in the Commission’s Public proposed rule change.5 The Commission 1940 (‘‘1940 Act’’). On May 29, 2018, the Trust filed with the Commission its registration statement Reference Room, 100 F Street NE, has received no comment letters on the (‘‘Registration Statement’’) on Form N–1A under the Washington, DC 20549 on official proposal. The Commission is publishing Securities Act of 1933 and under the 1940 Act business days between the hours of this order to institute proceedings under relating to the Fund (File Nos. 333–210186 and 10:00 a.m. and 3:00 p.m. Copies of the 6 811–23147). In addition, the Exchange represents Section 19(b)(2)(B) of the Act to that the Trust has obtained an order from the filing also will be available for determine whether to approve or Commission granting certain exemptive relief under inspection and copying at the principal disapprove the proposed rule change. the 1940 Act. See Investment Company Act Release No. 30029 (April 10, 2012) (File No. 812–13795). office of the Exchange. All comments 7 received will be posted without change. I. Description of the Proposal 9 According to the Exchange, the Adviser and The Exchange proposes to make Sub-Adviser are not registered as broker-dealers. Persons submitting comments are The Adviser is affiliated with First Trust Portfolios cautioned that we do not redact or edit certain changes to the investments of L.P., a broker-dealer, and has implemented and will personal identifying information from maintain a fire wall with respect to its broker-dealer comment submissions. You should 1 15 U.S.C. 78s(b)(1). affiliate regarding access to information concerning 2 the composition of, and/or changes to, the portfolio. submit only information that you wish 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 85903 The Sub-Adviser is affiliated with multiple broker- to make available publicly. All (May 21, 2019), 84 FR 24576 (‘‘Notice’’). dealers and has implemented and will maintain a fire wall with respect to its broker-dealer affiliates submissions should refer to File 4 15 U.S.C. 78s(b)(2). regarding access to information concerning the Number SR–CBOE–2019–047 and 5 See Securities Exchange Act Release No. 86299, composition of, and/or changes to, the portfolio. In should be submitted on or before 84 FR 32804 (July 9, 2019). The Commission the event (a) the Adviser or the Sub-Adviser September 20, 2019. designated August 26, 2019, as the date by which becomes registered as a broker-dealer or newly it should approve, disapprove, or institute affiliated with a broker-dealer, or (b) any new For the Commission, by the Division of proceedings to determine whether to approve or adviser or sub-adviser is a registered broker-dealer Trading and Markets, pursuant to delegated disapprove the proposed rule change. or becomes affiliated with a broker-dealer, it will authority.21 6 15 U.S.C. 78s(b)(2)(B). implement and maintain a fire wall with respect to Jill M. Peterson, 7 The Commission notes that additional relevant personnel and any broker-dealer affiliate information regarding, among other things, the regarding access to information concerning the Assistant Secretary. Shares, Fund, investment objective, permitted composition of, and/or changes to, the portfolio, [FR Doc. 2019–18752 Filed 8–29–19; 8:45 am] investments, investment strategies and and will be subject to procedures designed to prevent the use and dissemination of material, non- BILLING CODE 8011–01–P methodology, investment restrictions, investment adviser and sub-adviser, creation and redemption public information regarding such portfolio. procedures, availability of information, trading 10 The term ‘‘normal market conditions’’ is 21 17 CFR 200.30–3(a)(12). rules and halts, and surveillance procedures, can be defined in NYSE Arca Rule 8.600–E(c)(5). On a
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Fund intends to invest at least 80% of • fixed income convertible securities; preferred stock, exchange-traded real its net assets (including investment • fixed income preferred securities; estate investment trusts (‘‘REITs’’), and borrowings) in a portfolio of ‘‘Fixed and securities of other investment Income Securities’’. • municipal bonds. companies registered under the 1940 In managing the Fund’s portfolio, In addition, the Fund may invest in Act, including money market funds, TCW intends to employ a flexible agency RMBS and CMBS by investing in exchange-traded funds (‘‘ETFs’’), open- approach that allocates the Fund’s to-be-announced transactions. The Fund end funds (other than money market investments across a range of global may hold cash and cash equivalents,12 funds and other ETFs), and U.S. investment opportunities and actively as well as the following short-term exchange-traded closed-end funds.13 In manage exposure to interest rates, credit instruments with maturities of three addition, the Fund may hold exchange- sectors, and currencies. TCW seeks to months or more: Certificates of deposit; traded notes (‘‘ETNs’’),14 exchange- utilize independent, bottom-up research bankers’ acceptances; repurchase traded or OTC ‘‘Work Out Securities,’’ 15 to identify securities that are agreements and reverse repurchase and exchange-traded or OTC equity undervalued and that offer a superior agreements; bank time deposits; and securities issued upon conversion of risk/return profile. Pursuant to this commercial paper. The Fund also may fixed income convertible securities. investment strategy, the Fund may enter into short sales of any securities in C. Investment Restrictions of the Fund 16 invest in the following Fixed Income which the Fund may invest. Securities, which may be represented by The Fund may utilize exchange-listed As stated in the Notice, the Fund derivatives relating to such securities, as and over-the-counter (‘‘OTC’’) traded proposes to not invest more than 2% of discussed below: its total assets in any one Fixed Income • derivatives instruments for duration/ Securities issued or guaranteed by yield curve management and/or hedging Security (excluding U.S. government the U.S. government or its agencies, purposes, for risk management securities and TIPS) on a per CUSIP instrumentalities, or U.S. government- purposes, or as part of its investment basis. The Fund’s holdings in derivative sponsored entities (‘‘U.S. government strategies. The Fund will use derivative instruments for hedging purposes would securities’’); instruments primarily to hedge interest be excluded from the determination of • Treasury Inflation Protected rate risk, actively manage interest rate compliance with this 2% limitation. Securities (‘‘TIPS’’); • exposure, hedge foreign currency risk, The total gross notional value of the the following non-agency, non- Fund’s holdings in derivative government-sponsored entity (‘‘GSE’’), and actively manage foreign currency exposure. The Fund may also use instruments used to gain exposure to a and privately-issued mortgage-related specific asset is limited to 2% of the and other asset-backed securities: derivative instruments to enhance returns, as a substitute for, or to gain Fund’s total assets. Residential mortgage-backed securities Additionally, the Fund proposes to (‘‘RMBS’’), commercial mortgage-backed exposure to, a position in an underlying asset, to reduce transaction costs, to invest up to 50% of its total assets in the securities (‘‘CMBS’’), asset-backed aggregate in Private ABS/MBS, provided securities (‘‘ABS’’), and collateralized maintain full market exposure, to manage cash flows, or to preserve that the Fund (1) may not invest more loan obligations (‘‘CLOs’’ and, together than 30% of its total assets in non- with such RMBS, CMBS, and ABS, capital. Derivatives may also be used to 11 hedge risks associated with the Fund’s agency RMBS; (2) may not invest more collectively, ‘‘Private ABS/MBS’’); than 25% of its total assets in non- • Agency RMBS, agency CMBS, and other portfolio investments. The Fund agency CMBS and CLOs; and (3) may agency ABS; will not use derivative instruments to • domestic corporate bonds; gain exposure to Private ABS/MBS, and not invest more than 25% of its total • Fixed Income Securities issued by derivative instruments linked to such assets in non-agency ABS. non-U.S. corporations and non-U.S. securities will be used for hedging With respect to the Fund’s governments; purposes only. Derivatives that the investments in up to 30% of its total • bank loans, including first lien Fund may enter into are the following: assets in Private ABS/MBS that exceed senior secured floating rate bank loans Futures on interest rates, currencies, the 20% of the weight of the fixed (‘‘Senior Loans’’), secured and Fixed Income Securities, and fixed income portion of the Fund’s portfolio unsecured loans, second lien or more income indices; exchange-traded and that may be invested in Private ABS/ junior loans, and bridge loans; OTC options on interest rates, currencies, Fixed Income Securities, 13 According to the Exchange, the term ‘‘ETFs’’ are Investment Company Units (as described in temporary basis, including for defensive purposes, and fixed income indices; swap NYSE Arca Rule 5.2–E(j)(3)); Portfolio Depositary during the initial invest-up period (i.e., the six-week agreements on interest rates, currencies, Receipts (as described in NYSE Arca Rule 8.100– period following the commencement of trading of E); and Managed Fund Shares (as described in Shares on the Exchange) and during periods of high Fixed Income Securities, and fixed NYSE Arca Rule 8.600–E). All ETFs will be listed cash inflows or outflows (i.e., rolling periods of income indices; credit default swaps; and traded in the U.S. on a national securities seven calendar days during which inflows or and currency forward contracts. exchange. While the Fund may invest in inverse outflows of cash, in the aggregate, exceed 10% of the Fund’s net assets as of the opening of business B. Other Investments of the Fund ETFs, the Fund will not invest in leveraged (e.g., on the first day of such periods), the Fund may 2X, -2X, 3X, or -3X) ETFs. depart from its principal investment strategies; for While the Fund, under normal market 14 ETNs are Index-Linked Securities (as described example, it may hold a higher than normal conditions, invests at least 80% of its in NYSE Arca Rule 5.2–E(j)(6)). While the Fund may invest in inverse ETNs, the Fund will not proportion of its assets in cash. During such net assets in the Principal Investments periods, the Fund may not be able to achieve its invest in leveraged or inverse leveraged ETNs (e.g., investment objective. The Fund may adopt a described above, the Fund may invest 2X or -3X). defensive strategy when the Adviser and/or the its remaining assets in the following 15 According to the Exchange, For purposes of Sub-Adviser believes securities in which the Fund ‘‘Non-Principal Investments.’’ this filing, Work Out Securities are U.S. or foreign normally invests have elevated risks due to market, The Fund may invest in exchange- equity securities of any type acquired in connection political or economic factors and in other with restructurings related to issuers of Fixed extraordinary circumstances. traded common stock, exchange-traded Income Securities held by the Fund. Work Out 11 In the Notice, the Exchange states that ‘‘Private Securities are generally traded OTC, but may be ABS/MBS’’ are non-agency, non-GSE, and 12 According to the Exchange, cash equivalents traded on a U.S. or foreign exchange. privately-issued mortgage-related and other asset- are the short-term instruments with maturities of 16 The Exchange represents that the Fund will not backed securities as stated in Commentary .01(b)(5) less than 3 months enumerated in Commentary invest in securities or other financial instruments to NYSE Arca Rule 8.600–E. .01(c) to NYSE Arca Rule 8.600–E. that have not been described in the Notice.
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MBS under Commentary .01(b)(5) to the Fund’s use of derivatives and criteria in Commentary .01(b)(4).19 NYSE Arca Rule 8.600–E,17 the Private ABS/MBS. The Adviser and the Instead, the Exchange proposes that the following restrictions will apply: Sub-Adviser understand that market Fund’s investments in Fixed Income • Non-agency RMBS shall have an makers and participants should be able Securities other than Private ABS/MBS average loan maturity of 84 months or to value derivatives and Private ABS/ will be required to comply with the more; MBS as long as the positions are requirements of Commentary .01(b)(4). • Non-agency CMBS and CLOs shall disclosed with relevant information. As noted above, the Fund may not have an average loan maturity of 60 The Adviser and the Sub-Adviser invest more than 2% of its total assets months or more; and believe that the price at which Shares of in any one Fixed Income Security • Non-agency ABS shall have an the Fund trade will continue to be (excluding U.S. government securities average loan maturity of 12 months or disciplined by arbitrage opportunities and TIPS) on a per CUSIP basis. The more.18 created by the ability to purchase or Exchange believes this limitation would The Exchange proposes that up to redeem Shares of the Fund at their net provide additional diversification to the 25% of the Fund’s assets may be asset value (‘‘NAV’’), which should Fund’s investments in Private ABS/ invested in OTC derivatives that are ensure that Shares of the Fund will not MBS, and reduce concerns that the used to reduce currency, interest rate, or trade at a material discount or premium Fund’s investment in such securities credit risk arising from the Fund’s in relation to their NAV. would be readily susceptible to market investments. The Fund’s investments in The Adviser and Sub-Adviser do not manipulation. OTC derivatives other than OTC believe there will be any significant Finally, the Exchange represents that derivatives used to hedge the Fund’s impacts to the settlement or operational the Fund will not comply with the portfolio against currency, interest rate, aspects of the Fund’s arbitrage requirement in Commentary .01(b)(5) to or credit risk will be limited to 20% of mechanism due to the use of derivatives NYSE Arca Rule 8.600–E that Private the assets in the Fund’s portfolio. For and Private ABS/MBS. ABS/MBS in the Fund’s portfolio purposes of these percentage limitations E. The Proposed Modifications to the account, in the aggregate, for no more on OTC derivatives, the weight of such Shares’ Listing Rule than 20% of the weight of the fixed OTC derivatives will be calculated as income portion of the Fund’s the aggregate gross notional value of The Exchange represents, among portfolio.20 The Exchange proposes that, such OTC derivatives. other things, that the Fund will not in order to enable the portfolio to be The Fund’s holdings of bank loans comply with the requirement in more diversified and provide the Fund Commentary .01(b)(1) to NYSE Arca will not exceed 15% of the Fund’s total with an opportunity to earn higher Rule 8.600–E that components that in assets, and the Fund’s holdings of bank returns, the Fund may invest up to 50% the aggregate account for at least 75% of loans other than Senior Loans will not of its total assets in the aggregate in the fixed income weight of the portfolio exceed 5% of the Fund’s total assets. Private ABS/MBS, consistent with the each shall have a minimum original The Fund’s holdings in fixed income investment restrictions proposed above. principal amount outstanding of $100 convertible securities and in equity The Exchange believes these limitations million or more. Instead, the Exchange securities issued upon conversion of would provide additional proposes that components that in the such convertible securities will not diversification to the Fund’s Private aggregate account for at least 50% of the exceed 10% of the Fund’s total assets. ABS/MBS investments and reduce The Fund’s holdings in Work Out fixed income weight of the portfolio concerns that the Fund’s investment in Securities will not exceed 5% of the each shall have a minimum original such securities would be readily Fund’s total assets. principal amount outstanding of $50 The Fund’s investments, including million or more. As noted above, the susceptible to market manipulation. The Exchange notes that, other than derivatives, will be consistent with the Fund may not invest more than 2% of the exceptions proposed in the Notice, Fund’s investment objective and will its total assets in any one Fixed Income the Fund’s portfolio will meet all other not be used to enhance leverage Security (excluding U.S. government requirements of NYSE Arca Rule (although certain derivatives and other securities and TIPS) on a per CUSIP 8.600–E. investments may result in leverage). basis. In addition, at least 50% of the That is, the Fund’s investments will not weight of the Fund’s portfolio would II. Proceedings To Determine Whether be used to seek performance that is the continue to be subject to a substantial To Approve or Disapprove SR– multiple or inverse multiple (e.g., 2X or minimum (i.e., $50 million) original NYSEArca–2019–33, as Modified by -3X) of the Fund’s primary broad-based principal amount outstanding. The Amendment No. 1, and Grounds for securities benchmark index (as defined Exchange believes this limitation would Disapproval Under Consideration in Form N–1A). provide significant additional The Commission is instituting diversification to the Fund’s D. Impact on Arbitrage Mechanism proceedings pursuant to Section investments in Fixed Income Securities, 19(b)(2)(B) of the Act 21 to determine According to the Exchange, the and reduce concerns that the Fund’s whether the proposed rule change Adviser and the Sub-Adviser believe investments in such securities would be should be approved or disapproved. there will be minimal, if any, impact to readily susceptible to market Institution of such proceedings is the arbitrage mechanism as a result of manipulation. appropriate at this time in view of the The Exchange also represents that the legal and policy issues raised by the 17 Commentary .01(b)(5) to NYSE Arca Rule Fund will not comply with the proposed rule change. Institution of 8.600–E provides that non-agency, non-GSE, and requirements in Commentary .01(b)(4) privately-issued mortgage-related and other asset- proceedings does not indicate that the to NYSE Arca Rule 8.600–E that backed securities components of a portfolio shall Commission has reached any component securities that in the not account, in the aggregate, for more than 20% conclusions with respect to any of the of the weight of the fixed income portion of the aggregate account for at least 90% of the portfolio. fixed income weight of the portfolio 18 Information relating to average loan maturity 19 See Commentary .01(b)(4) to NYSE Arca Rule for non-agency RMBS, non-agency CMBS, CLOs, meet one of the criteria specified in 8.600–E. and non-agency ABS is widely available from major Commentary .01(b)(4), because certain 20 See note 17, supra. market data vendors such as Bloomberg. Private ABS/MBS cannot satisfy the 21 15 U.S.C. 78s(b)(2)(B).
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issues involved. Rather, as described extent proposed, would any other All submissions should refer to File below, the Commission seeks and restrictions on the Fund’s permitted Number SR–NYSEArca–2019–33. This encourages interested persons to investments be appropriate in order for file number should be included on the provide comments on the proposed rule the proposed rule change to be subject line if email is used. To help the change. consistent with Section 6(b)(5) of the Commission process and review your Pursuant to Section 19(b)(2)(B) of the Act? comments more efficiently, please use Act,22 the Commission is providing only one method. The Commission will notice of the grounds for disapproval III. Procedure: Request for Written post all comments on the Commission’s under consideration. The Commission is Comments internet website (http://www.sec.gov/ instituting proceedings to allow for The Commission requests that rules/sro.shtml). Copies of the additional analysis of the proposed rule interested persons provide written submission, all subsequent change’s consistency with Section submissions of their views, data, and amendments, all written statements 6(b)(5) of the Act, which requires, arguments with respect to the issues with respect to the proposed rule among other things, that the rules of a identified above, as well as any other change that are filed with the national securities exchange be concerns they may have with the Commission, and all written ‘‘designed to prevent fraudulent and proposal. In particular, the Commission communications relating to the manipulative acts and practices, to invites the written views of interested proposed rule change between the promote just and equitable principles of persons concerning whether the Commission and any person, other than trade, and ‘‘to protect investors and the proposal is consistent with Section those that may be withheld from the public interest.’’ 23 6(b)(5) or any other provision of the Act, public in accordance with the The Commission asks that or the rules and regulations thereunder. provisions of 5 U.S.C. 552, will be commenters address the sufficiency of Although there do not appear to be any available for website viewing and the Exchange’s statements in support of issues relevant to approval or printing in the Commission’s Public the proposal, which are set forth in the disapproval that would be facilitated by Reference Room, 100 F Street NE, Notice,24 in addition to any other an oral presentation of views, data, and Washington, DC 20549 on official comments they may wish to submit arguments, the Commission will business days between the hours of about the proposed rule change. In consider, pursuant to Rule 19b–4, any 10:00 a.m. and 3:00 p.m. Copies of the particular, the Commission seeks request for an opportunity to make an filing also will be available for comment on the following questions oral presentation.25 inspection and copying at the principal and asks commenters to submit data Interested persons are invited to office of the Exchange. All comments where appropriate to support their submit written data, views, and received will be posted without change. views. arguments regarding whether the Persons submitting comments are If the listing rules for the Shares were proposal should be approved or cautioned that we do not redact or edit amended as proposed, including the disapproved by September 20, 2019. personal identifying information from average loan maturity thresholds for Any person who wishes to file a rebuttal comment submissions. You should Private ABS/MBS, would the listing rule to any other person’s submission must submit only information that you wish continue to ensure that a substantial file that rebuttal by October 4, 2019. The to make available publicly. All portion of the Fund’s portfolio consists Commission asks that commenters submissions should refer to File of Fixed Income Securities for which address the sufficiency of the Number SR–NYSEArca–2019–33 and information is publicly available? If not, Exchange’s statements in support of the should be submitted by September 20, are there reasons why it may not be proposal, in addition to any other 2019. Rebuttal comments should be necessary that information be publicly comments they may wish to submit submitted by October 4, 2019. available for Private ABS/MBS (as about the proposed rule change. For the Commission, by the Division of distinguished from other types of Fixed Comments may be submitted by any Trading and Markets, pursuant to delegated Income Securities)? of the following methods: authority.26 Has the Exchange adequately Electronic Comments Jill M. Peterson, supported the use of the proposed Assistant Secretary. average loan maturity thresholds for • Use the Commission’s internet [FR Doc. 2019–18750 Filed 8–29–19; 8:45 am] Private ABS/MBS? Why or why not? comment form (http://www.sec.gov/ What further information regarding rules/sro.shtml); or BILLING CODE 8011–01–P these thresholds would be useful to • Send an email to rule-comments@ market participants? sec.gov. Please include File Number SR– Does the Fund’s proposal to not invest NYSEArca–2019–33 on the subject line. STATE JUSTICE INSTITUTE more than 2% of its total assets in any Paper Comments SJI Board of Directors Meeting, Notice one Fixed Income Security on a per • CUSIP basis mitigate concerns that the Send paper comments in triplicate AGENCY: State Justice Institute. Fund’s investment in such securities to Secretary, Securities and Exchange ACTION: Notice of meeting. would be readily susceptible to market Commission, 100 F Street NE, manipulation. Why or why not? Washington, DC 20549–1090. SUMMARY: The SJI Board of Directors Would the proposed increased will be meeting on Monday, September investments in Private ABS/MBS by the 25 Section 19(b)(2) of the Act, as amended by the 9, 2019 at 1:00 p.m. The meeting will be Securities Acts Amendments of 1975, Public Law held at the Athenee Hotel in New York, Fund increase the susceptibility of the 94–29 (June 4, 1975), grants the Commission Shares to manipulation? If so, why; if flexibility to determine what type of proceeding— New York. The purpose of this meeting not, why not? If the Fund’s permitted either oral or notice and opportunity for written is to consider grant applications for the investments were expanded to the comments—is appropriate for consideration of a 4th quarter of FY 2019, and other particular proposal by a self-regulatory business. All portions of this meeting organization. See Securities Acts Amendments of 22 Id. 1975, Senate Comm. on Banking, Housing & Urban are open to the public. 23 15 U.S.C. 78f(b)(5). Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 24 See Notice, supra note 3. (1975). 26 17 CFR 200.30–3(a)(57).
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ADDRESSES: Athenee Hotel, 37 E 64th YSRR states that it has been operating PA 19103, and Sloane S. Carlough, Street, New York, NY 10065. the Line and connecting track since Clark Hill PLC, 1001 Pennsylvania FOR FURTHER INFORMATION CONTACT: 2006, first pursuant to a lease with the Avenue NW, Suite 1300 South, Jonathan Mattiello, Executive Director, previous owner, CCPA,2 and Washington, DC 20004. State Justice Institute, 11951 Freedom subsequently pursuant to an operating According to YSRR, this action is 3 Drive, Suite 1020, Reston, VA 20190, agreement with MSLCC since MSLCC excluded from environmental review 4 571–313–8843, [email protected]. acquired the Line and rights in 2013. under 49 CFR 1105.6(c), and from YSSR further states that it is entering Jonathan D. Mattiello, historic reporting under 49 CFR into an asset purchase sale agreement 1105.8(b). Executive Director. with MSLLC in which YSRR will [FR Doc. 2019–18851 Filed 8–29–19; 8:45 am] acquire the Line and all of MSLLC’s Board decisions and notices are available at www.stb.gov. BILLING CODE P related rights to the contiguous track segments, and, following closing, YSRR Decided: August 27, 2019. will be both the owner and operator of By the Board, Allison C. Davis, Director, SURFACE TRANSPORTATION BOARD the Line and contiguous track segments. Office of Proceedings. YSRR certifies that, following this Regena Smith-Bernard, [Docket No. FD 36342] transaction, YSRR’s annual revenues Clearance Clerk. Youngstown & Southeastern Railroad will be less than $5 million annually, [FR Doc. 2019–18787 Filed 8–29–19; 8:45 am] and it will remain a Class III carrier. Co.—Acquisition and Operation BILLING CODE 4915–01–P Exemption—Mule Sidetracks, LLC YSRR also certifies that the proposed acquisition does not involve an Youngstown & Southeastern Railroad interchange commitment. SURFACE TRANSPORTATION BOARD Co. (YSRR), a Class III carrier, has filed This transaction may be a verified notice of exemption under 49 consummated on or after September 14, CFR 1150.41 to acquire from Mule 2019, the effective date of the exemption [Docket No. FD 36321] Sidetracks, LLC (MSLLC), and to (30 days after the verified notice was Alabama Export Railroad, Inc.—Lease continue to operate approximately 35.7 filed). and Operation Exemption—Illinois miles of rail line between milepost 0.0 If the verified notice contains false or Central Railroad Company in Youngstown, Ohio, and milepost 35.7 misleading information, the exemption in Darlington, Pa. (the Line), together is void ab initio. Petitions to revoke the Alabama Export Railroad, Inc. (ALE), with MSLLC’s rights over three miles of exemption under 49 U.S.C. 10502(d) a noncarrier, has filed a verified notice contiguous track segments, including may be filed at any time. The filing of of exemption under 49 CFR 1150.31 to incidental trackage rights, running from a petition to revoke will not lease and operate approximately 12.1 east of milepost 0.0 and connecting the automatically stay the effectiveness of miles of railroad line in downtown Line to interchange with Norfolk the exemption. Petitions for stay must Mobile, Ala., owned by the Illinois Southern Railway Company (NSR) and be filed no later than September 6, 2019 Central Railroad Company (IC). The rail CSX Transportation, Inc. (CSXT).1 (at least seven days before the line extends between Belt Junction at exemption becomes effective). milepost 6.6 and the State Docks at 1 YSRR states that these rights are found in the All pleadings, referring to Docket No. milepost 0.0 on IC’s Beaumont following agreements, under which MSLLC has FD 36342, must be filed with the Subdivision, and between Belt Junction succeeded to the interests of the Line’s previous Surface Transportation Board either via owner, Columbiana County Port Authority (CCPA): at milepost 6.6 and Frascati Junction at (1) Overhead Trackage Rights Agreement dated May e-filing or in writing addressed to 395 E milepost 1.1 on IC’s Frascati Lead (the 7, 2001, between Ohio & Pennsylvania Railroad Street SW, Washington, DC 20423–0001. Line). Company (OHPA) and Central Columbiana & In addition, a copy of each pleading Pennsylvania Railway, Inc. (CQPA), to which CCPA must be served on YSRR’s This transaction is related to a is successor; (2) Letter Agreement regarding yard concurrently filed verified notice of operations dated November 30, 2011, among OHPA, representatives, Eric M. Hocky, Clark CQPA, and CCPA; (3) Interchange Agreement dated Hill PLC, One Commerce Square, 2005 exemption in Mississippi Export July 23, 2002, as amended and in effect, among Market Street, Suite 1000, Philadelphia, Railroad—Continuance in Control CSXT, OHPA, and CQPA, and Interline Service Exemption—Alabama Export Railroad, Agreement, effective date April 1, 2004, between Docket No. FD 36320, in which CSXT and CQPA, to which CCPA is successor; (4) and to which CCPA is successor; and (7) Operating Land Lease dated August 8, 2003, between CSXT Rights Agreement between Matteson Equipment Mississippi Export Railroad Company and CQPA, which was assumed by CCPA, effective Company (Matteson) and CQPA, to which CCPA is (MSE) seeks to continue in control of January 3, 2006; (5) Interchange Agreement dated successor, and Operating Rights Agreement ALE upon ALE’s becoming a Class III between Eastern States Railroad, LLC, and Matteson May 1, 2001, and Interline Service Agreement, rail carrier. effective date October 5, 2004, between CQPA and dated July 14, 2006, to which CCPA is successor. NSR, to which CCPA is successor; (6) easements 2 See Youngstown & Se. Ry.—Lease & Operation ALE states that it and IC are granted by Allied Erecting & Dismantling Company, Exemption—Lines of E. States R.R., FD 34992 (STB negotiating track lease and switching Inc. (Allied), to The Pittsburgh and Lake Erie served Dec. 21, 2006). According to YSRR, Eastern agreements under which IC, in addition Railroad Company (P&LE) by agreements dated June States Railroad (ESR) was to have acquired the Line 3, 1992, and November 10, 1993, and easements and related rights from CCPA, which had been to continuing to own the Line, would retained by P&LE in deeds dated June 3, 1992, and leasing them to ESR with YSRR as its tenant. See also be the Line’s lessor, and ALE would November 10, 1993, from P&LE to Allied E. States R.R.—Acquis. Exemption—Cent. be the lessee and operator. (collectively, the Allied Easements), which Allied Columbiana & Pa. Ry., FD 34934 (STB served Dec. Easements were conveyed by Youngstown and 21, 2006). YSRR states, however, that ESR never According to ALE, the proposed Southern Railway Company to Railroad Ventures, consummated the acquisition and CCPA remained agreements between ALE and IC do not Inc. (RVI), by deed dated November 8, 1996, and the owner and directly leased the Line and related contain an interchange commitment. by RVI to CCPA by deed dated January 23, 2001, rights to YSRR until the sale by CCPA to MSLLC. and were included in the rights granted to CQPA 3 See Youngstown & Se. Ry.—Operation ALE certifies that its projected annual by CCPA, including rights over the C.P. Graham Exemption—Mule Sidetracks, LLC, FD 35774 (STB revenues as a result of this transaction Interlocking, and which collective rights were also served Oct. 29, 2013). will not result in the creation of a Class conferred on CCPA by order of the Bankruptcy 4 See Mule Sidetracks, L.L.C.—Acquis. Court dated March 28, 2002, in In re: Pittsburgh & Exemption—Columbiana Cty. Port Auth., FD 35773 II or Class I rail carrier and will not Lake Erie Properties, Inc., Case No. 96–406 (MFW), (STB served Oct. 25, 2013). exceed $5 million.
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The earliest this transaction may be upon ALE’s becoming a Class III rail may be filed at any time. The filing of consummated is September 15, 2019.1 carrier. ALE is a newly formed a petition to revoke will not If the verified notice contains false or noncarrier entity that is wholly owned automatically stay the effectiveness of misleading information, the exemption by MSE.1 the exemption. Petitions to stay must be is void ab initio. Petitions to revoke the This transaction is related to a filed no later than September 6, 2019 (at exemption under 49 U.S.C. 10502(d) concurrently filed verified notice of least seven days before the exemption may be filed at any time. The filing of exemption in Alabama Export becomes effective). a petition to revoke will not Railroad—Lease & Operation All pleadings, referring to Docket No. automatically stay the effectiveness of Exemption—Illinois Central Railroad, FD 36320, must be filed with the the exemption. Petitions for stay must Docket No. FD 36321. In that Surface Transportation Board either via be filed no later than September 6, 2019 proceeding, ALE seeks an exemption e-filing or in writing addressed to 395 E (at least seven days before the under 49 CFR 1150.31 to lease and Street SW, Washington, DC 20423–0001. exemption becomes effective). operate approximately 12.1 miles of In addition, a copy of each pleading All pleadings, referring to Docket No. railroad line in downtown Mobile, Ala., must be served on MSE’s representative: FD 36321, must be filed with the owned by IC. The rail line extends Eric M. Hocky, Clark Hill, PLC, One Surface Transportation Board either via between Belt Junction at milepost 6.6 Commerce Square, 2005 Market Street, e-filing or in writing addressed to 395 E and the State Docks at milepost 0.0 on Suite 1000, Philadelphia, PA 19103, and Street SW, Washington, DC 20423–0001. IC’s Beaumont Subdivision, and Sloane S. Carlough, Clark Hill PLC, In addition, a copy of each pleading between Belt Junction at milepost 6.6 1001 Pennsylvania Avenue NW, Suite must be served on ALE’s and Frascati Junction at milepost 1.1 on 1300 South, Washington, DC 20004. representatives: Eric M. Hocky, Clark IC’s Frascati Lead (the Line). According to MSE, this action is Hill, PLC, One Commerce Square, 2005 The earliest this transaction may be excluded from environmental review Market Street, Suite 1000, Philadelphia, consummated is September 15, 2019, under 49 CFR 1105.6(c) and from PA 19103, and Sloane S. Carlough, the effective date of the exemption.2 historic preservation reporting Clark Hill PLC, 1001 Pennsylvania According to MSE, it currently owns requirements under 49 CFR 1105.8(b). Avenue NW, Suite 1300 South, and operates a 42-mile short line Board decisions and notices are Washington, DC 20004. railroad between Evanston and available at www.stb.gov. According to ALE, this action is Pascagoula, Miss. In its verified notice Decided: August 27, 2019. excluded from environmental review and supplement, MSE represents that: By the Board, Allison C. Davis, Director, under 49 CFR 1105.6(c) and from (1) The Line to be operated by ALE does Office of Proceedings. historic preservation reporting not connect with the lines of MSE, and Jeffrey Herzig, requirements under 49 CFR 1105.8(b). the railroads would not connect with Clearance Clerk. Board decisions and notices are any railroads in their corporate family; [FR Doc. 2019–18807 Filed 8–29–19; 8:45 am] available at www.stb.gov. (2) the transaction is not part of a series Decided: August 27, 2019. of anticipated transactions that would BILLING CODE 4915–01–P By the Board, Allison C. Davis, Director, connect these railroads with each other Office of Proceedings. or with any railroad in their corporate Jeffrey Herzig, family; and (3) the transaction does not OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Clearance Clerk. involve a Class I rail carrier. The [FR Doc. 2019–18808 Filed 8–29–19; 8:45 am] proposed transaction is therefore Notice of Modification of Section 301 BILLING CODE 4915–01–P exempt from the prior approval Action: China’s Acts, Policies, and requirements of 49 U.S.C. 11323. See 49 Practices Related to Technology CFR 1180.2(d)(2). Transfer, Intellectual Property, and SURFACE TRANSPORTATION BOARD Under 49 U.S.C. 10502(g), the Board Innovation may not use its exemption authority to [Docket No. FD 36320] relieve a rail carrier of its statutory AGENCY: Office of the United States Mississippi Export Railroad obligation to protect the interests of its Trade Representative. Company—Continuance in Control employees. Section 11326(c), however, ACTION: Notice of modification of action. Exemption—Alabama Export Railroad, does not provide for labor protection for SUMMARY: Inc. transactions under sections 11324 and In accordance with the 11325 that involve only Class III rail specific direction of the President, the Mississippi Export Railroad Company carriers. Accordingly, the Board may not U.S. Trade Representative has (MSE), a Class III rail carrier, has filed impose labor protective conditions here determined to modify the action being a verified notice of exemption under 49 because only Class III carriers are taken in this Section 301 investigation CFR 1180.2(d)(2) to continue in control involved. by increasing the rate of additional duty of Alabama Export Railroad, Inc. (ALE), If the notice contains false or from 10 to 15 percent for the products misleading information, the exemption of China covered by the $300 billion 1 The verified notices in Docket Nos. FD 36320 is void ab initio. Petitions to revoke the tariff action published on August 20, and FD 36321 were initially submitted on August 2019. 12, 2019. On August 16, 2019, MSE filed a exemption under 49 U.S.C. 10502(d) supplement in Docket No. FD 36320 certifying that DATES: For products covered by Annex MSE and ALE are the only two railroads in the 1 MSE states that it, in turn, is owned in part (one- A of the August 20, 2019 notice (84 FR corporate family. In light of that supplement, third interest) by Illinois Central Railroad Company August 16, 2019, is deemed the filing date of the (IC) and in part (two-thirds interest) by various 43304), the rate of additional duty will verified notice for continuance in control in Docket individual shareholders. be 15 percent on the current effective No. FD 36320, and that exemption’s effective date 2 The verified notice was initially submitted on date of September 1, 2019. For products is September 15, 2019. Because this lease and August 12, 2019. On August 16, 2019, MSE filed a covered by Annex C of the August 20 operation exemption requires the concurrent supplement certifying that MSE and ALE are the authority for MSE to continue in control of ALE, the only two railroads in the corporate family. In light notice, the rate of additional duty will effective date of this exemption likewise will be of that supplement, August 16, 2019, is deemed the be 15 percent on the current effective September 15, 2019. filing date of the verified notice. date of December 15, 2019.
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FOR FURTHER INFORMATION CONTACT: For U.S. Trade Representative to consider a to cease its efforts to obtain the questions about this action, contact possible modification of the action elimination of China’s unfair policies. Associate General Counsel Arthur Tsao being taken in the form of additional China has further taken or threatened to or Assistant General Counsel Megan duties of up to 25 percent on products take additional countermeasures, Grimball, or Director of Industrial Goods of China with an annual aggregate trade including non-tariff measures, against Justin Hoffmann at (202) 395–5725. For value of approximately $300 billion. In commerce of the United States. For questions on customs classification or a notice published on May 17, 2019 (84 example, China has taken concrete steps implementation of additional duties on FR 22564), the Office of the United to devalue its currency. See https:// products identified in the Annexes to States Trade Representative invited home.treasury.gov/news/press-releases/ this notice, contact traderemedy@ public comments and announced a sm751. Most recently, shortly following cbp.dhs.gov. public hearing with regard to the the August 2019 announcement of the possible imposition of additional duties $300 billion action, China responded by SUPPLEMENTARY INFORMATION: of up to 25 percent on a specific list of announcing further tariffs on U.S. A. Prior Determinations in the tariff subheadings with an approximate goods, starting September 1, 2019. In Investigation annual trade value of $300 billion. The short, instead of addressing the On August 18, 2017, the U.S. Trade notice and comment process concluded underlying problems, China has Representative initiated an investigation in early July 2019. increased tariffs and adopted or In August 2019, the U.S. Trade into certain acts, policies, and practices threatened additional retaliation to Representative, at the direction of the of the Government of China related to further protect the unreasonable acts, President, determined to modify the policies, and practices identified in the technology transfer, intellectual action being taken in the investigation investigation, resulting in increased property, and innovation. 82 FR 40213 by imposing an additional 10 percent ad harm to the U.S. economy. (August 23, 2017). In April 2018, the valorem duty on products of China with China’s most recent response of U.S. Trade Representative published a an annual aggregate trade value of announcing a new tariff increase on U.S. notice of a determination that the acts, approximately $300 billion. 84 FR goods has shown that the current action policies, and practices of China under 43304 (August 20, 2019). The August 20 being taken is no longer appropriate. investigation are unreasonable or notice contains two separate lists of The United States is engaging with discriminatory and burden or restrict tariff subheadings, with two different China with the goal of obtaining the U.S. commerce, and are thus actionable effective dates. List 1, which is set out elimination of the acts, policies, and under Section 301(b) of the Trade Act of in Annex A of the August 20 notice, is practices covered in the investigation. 1974, as amended (Trade Act). 83 FR effective September 1, 2019. List 2, The leaders of the United States and 14906 (April 6, 2018). which is set out in Annex C of the China met on December 1, 2018, and Up through early May 2019, the U.S. August 20 notice, is effective December agreed to hold negotiations on a range Trade Representative, at the direction of 15, 2019. of issues, including those covered in the President, determined to take this Section 301 investigation. See B. Modification of Action actions resulting in the imposition of an https://www.whitehouse.gov/briefings- additional 25 percent ad valorem duty The Section 301 statute (set out in statements/statement-press-secretary- on products of China with an aggregate Sections 301 to 308 of the Trade Act) regarding-presidents-working-dinner- annual trade value of approximately (19 U.S.C. 2411–2418) includes china. Since the meeting on December $250 billion in order to obtain the authority for the U.S. Trade 1, 2018, the United States and China elimination of China’s acts, policies, Representative to modify the action have engaged in additional rounds of and practices covered in the being taken in an investigation. In negotiation on these issues, including investigation. As explained in prior particular, Section 307(a)(1) authorizes meetings in March, April, May, and July notices, the actions do not relate to the U.S. Trade Representative to modify 2019. At certain times in these China’s acts, policies, and practices or terminate any action taken under discussions, China has offered specific involving technology licensing, which Section 301, subject to the specific commitments that were constructive are being addressed separately in a direction, if any, of the President, if the towards reaching a resolution of this WTO dispute settlement proceeding. burden or restriction on United States matter. However, China more recently The U.S. Trade Representative commerce of the acts, policies, and has retreated from these commitments, imposed these additional duties in three practices that are the subject of the indicating that the action currently tranches. Tranche 1 covered 818 tariff action has increased or decreased, or the being taken is not effective in obtaining subheadings, with an approximate action is being taken under Section the elimination of the unfair acts, annual trade value of $34 billion. See 83 301(b) and is no longer appropriate. policies, and practices covered in the FR 28710 (June 20, 2018). Tranche 2 The burden or restriction on United investigation. And as noted, China’s covered 279 tariff subheadings, with an States commerce of the acts, policies, specific response to the $300 billion approximate annual trade value of $16 and practices that are the subject of the action at a 10 percent rate of additional billion. See 83 FR 40823 (August 16, Section 301 action continues to duty was not to address U.S. concerns, 2018). Tranche 3 covered 5,733 tariff increase. China’s unfair acts, policies, but rather to impose further retaliatory subheadings, with an approximate and practices include not just its tariffs on U.S. commerce. annual trade value of $200 billion. See technology transfer and IP polices For these reasons, and in accordance 83 FR 47974 (September 21, 2018); 83 referenced in the notice of initiation in with the specific direction of the FR 49153 (September 28, 2018); and 84 the investigation, but also China’s President, the U.S. Trade Representative FR 20459 (May 9, 2019). subsequent defensive actions taken to has determined to modify the action As of mid-May 2019, China’s maintain those unfair acts, policies, and being taken in the investigation by statements and conduct indicated that practices as determined in that increasing the rate of additional duty action at a $250 billion level was investigation. China has determined to from 10 percent ad valorem to 15 insufficient to obtain the elimination of impose tariffs on a substantial majority percent ad valorem on the goods of China’s unfair and harmful policies. of U.S. goods exported to China, with China specified in Annex A and Annex Accordingly, the President directed the the goal of pressuring the United States C of the August 20 notice.
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As noted above, the May 17, 2019 contained in 84 Federal Register 43304 Transportation’s normal business hours notice invited public comments on (August 20, 2019), by deleting ‘‘10%’’, are 8:00 a.m. to 5:00 p.m. duties of up to 25 percent on the and inserting ‘‘15%’’ in lieu thereof. SUPPLEMENTARY INFORMATION: Notice is products covered by the proposed $300 Joseph Barloon, hereby given that FHWA has taken final billion action. The current modification agency actions subject to 23 U.S.C. in the rate of additional duty takes into General Counsel, Office of the U.S. Trade Representative. 139(l)(1) by issuing a Record of Decision account the public comments and (ROD) for the following highway project testimony, as well as advice from [FR Doc. 2019–18838 Filed 8–27–19; 4:15 pm] in the State of Alabama: I–10 Mobile advisory committees and the BILLING CODE 3290–F9–P River Bridge and Bayway Project in interagency Section 301 committee, Mobile and Baldwin Counties. The concerning the action proposed in the proposed project to increase the May 17 notice. capacity of Interstate Route 10 (I–10) by DEPARTMENT OF TRANSPORTATION The Annex to this notice amends the constructing a new six-lane bridge Harmonized Tariff Schedule of the Federal Highway Administration across the Mobile River and replacing United States to provide that the rate of the existing four-lane I–10 bridges additional duties for the products Notice of Final Federal Agency Action across Mobile Bay with eight lanes covered in Annex A and Annex C of the on the I–10 Mobile River Bridge and above the 100-year storm elevation. The August 20 notice will be 15 percent. Bayway Project in Alabama actions taken by FHWA, and the laws This increase in the rate of duty does under which such actions were taken, not change the effective date of Annex AGENCY: Federal Highway are described in the Combined Final A (September 1, 2019) or of Annex C Administration (FHWA), Department of Environmental Impact Statement (FEIS) (December 15, 2019). Transportation (DOT). and ROD approved on August 15, 2019, Annex ACTION: Notice of Limitation on Claims and in other documents in the project for Judicial Review of Actions by records. The Combined FEIS and ROD Effective with respect to goods FHWA. and other project records can be viewed entered for consumption, or withdrawn on the project’s website at: from warehouse for consumption, on or SUMMARY: This notice announces actions www.mobileriverbridge.com. These after 12:01 a.m. eastern daylight time on taken by the FHWA that are final. The documents and other project records are September 1, 2019, subchapter III of action relates to the proposed project to also available by contacting FHWA or chapter 99 of the Harmonized Tariff increase the capacity of Interstate Route the Alabama Department of Schedule of the United States (HTSUS) 10 (I–10) by constructing a new six-lane Transportation at the phone numbers is modified: bridge across the Mobile River and and addresses listed above. 1. By amending U.S. Note 20(r) to replacing the existing four-lane I–10 This notice applies to all Federal subchapter III of chapter 99, as bridges across Mobile Bay with eight agency decisions as of the issuance date established by the U.S. Trade lanes above the 100-year storm of this notice and all laws under which Representative in a determination elevation. The proposed project is such actions were taken, including but contained in 84 Federal Register 43304 located in Mobile and Baldwin not limited to: (August 20, 2019), by deleting ‘‘10 Counties, Alabama. Those actions grant 1. General: National Environmental percent’’ each place that it appears, and approvals for the project. Policy Act (NEPA) [42 U.S.C. 4321– inserting ‘‘15 percent’’ in lieu thereof; DATES: By this notice, the FHWA is 4351]; Federal-Aid Highway Act and (FAHA) [23 U.S.C. 109 and 23 U.S.C. 2. by amending the Rates of Duty 1- advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A 128]. General column of heading 9903.88.15, 2. Air: Clean Air Act [42 U.S.C. 7401– claim seeking judicial review of the as established by the U.S. Trade 7671(q)]. Representative in a determination Federal agency actions on the project 3. Land: Section 4(f) of the contained in 84 Federal Register 43304 will be barred unless the claim is filed Department of Transportation Act of (August 20, 2019), by deleting ‘‘10%’’, on or before January 27, 2020. If the 1966 [49 U.S.C. 303 and 23 U.S.C. 138]. and inserting ‘‘15%’’ in lieu thereof. Federal law that authorizes judicial 4. Wildlife: Endangered Species Act Effective with respect to goods review of a claim provides a time period [16 U.S.C. 1531–1544 and Section entered for consumption, or withdrawn of less than 150 days for filing such 1536]; Marine Mammal Protection Act from warehouse for consumption, on or claim, then that shorter time period still [16 U.S.C. 1361–1423h]; Fish and after 12:01 a.m. eastern daylight time on applies. Wildlife Coordination Act [16 U.S.C. December 15, 2019, subchapter III of FOR FURTHER INFORMATION CONTACT: 661–667(d)]; Migratory Bird Treaty Act chapter 99 of the Harmonized Tariff Mark D. Bartlett, Division [16 U.S.C. 703–712]; Magnuson-Stevens Schedule of the United States is Administrator, FHWA Alabama Fishery Conservation and Management modified: Division, 9500 Wynlakes Place, Act of 1976, as amended [16 U.S.C. 1801 1. By amending U.S. Note 20(t) to Montgomery, Alabama 36117–8515, et seq.]. subchapter III of chapter 99, as Telephone: (334) 274–6350, 5. Historic and Cultural Resources: established by the U.S. Trade Email:[email protected]. The Section 106 of the National Historic Representative in a determination FHWA Alabama Division Office’s Preservation Act of 1966, as amended contained in 84 Federal Register 43304 normal business hours are 8:00 a.m. to [16 U.S.C. 470(f) et seq.]; Archeological (August 20, 2019), by deleting ‘‘10 4:30 p.m. (Central Standard Time). You Resources Protection Act of 1977 [16 percent’’ each place that it appears, and may also contact Matt J. Ericksen, U.S.C. 470aa–470mm]; Archeological inserting ‘‘15 percent’’ in lieu thereof; Southwest Region Engineer, Alabama and Historic Preservation Act [16 U.S.C. and Department of Transportation, 1701 I– 469–469c]; Native American Grave 2. by amending the Rates of Duty 1- 65 West Service Road North, Mobile, Protection and Repatriation Act General column of heading 9903.88.16, Alabama 36618, Telephone: (251) 470– (NAGPRA) [25 U.S.C. 3001–3013]. as established by the U.S. Trade 8200, Email: [email protected]. 6. Social and Economic: Civil Rights Representative in a determination The Alabama Department of Act of 1964 [42 U.S.C. 2000(d)–
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2000(d)(1)]; Farmland Protection Policy DATES: Interested persons are invited to the accuracy of FRA’s estimates of the Act (FPPA) [7 U.S.C. 4201–4209]; submit comments on or before October burden of the information collection Uniform Relocation Assistance and Real 29, 2019. activities, including the validity of the Property Acquisition Act [42 U.S.C. ADDRESSES: Submit written comments methodology and assumptions used to 4601 et seq.]. on the ICR activities by mail to either: determine the estimates; (3) ways for 7. Noise: 23 U.S.C. 109(i). Ms. Hodan Wells, Information FRA to enhance the quality, utility, and 8. Hazardous Materials: Collection Clearance Officer, Office of clarity of the information being Comprehensive Environmental Railroad Safety, Regulatory Analysis collected; and (4) ways for FRA to Response, Compensation, and Liability Division, Federal Railroad minimize the burden of information Act (CERCLA) [42 U.S.C. 9601 et seq.]. Administration, 1200 New Jersey collection activities on the public, 9. Executive Orders: E.O. 11990 Avenue SE, Washington, DC 20590; or including the use of automated Protection of Wetlands; E.O. 11988 Ms. Kim Toone, Information Collection collection techniques or other forms of Floodplain Management; E.O. 12898, Clearance Officer, Office of Information information technology. See 44 U.S.C. Federal Actions to Address Technology, Federal Railroad 3506(c)(2)(A); 5 CFR 1320.8(d)(1). Environmental Justice in Minority Administration, 1200 New Jersey FRA believes that soliciting public Populations and Low-Income Avenue SE, Washington, DC 20590. comment may reduce the administrative Populations; E.O. 11593 Protection and Commenters requesting FRA to and paperwork burdens associated with Enhancement of Cultural Resources; acknowledge receipt of their respective the collection of information that E.O. 13287 Preserve America; E.O. comments must include a self-addressed Federal regulations mandate. In 13175 Consultation and Coordination stamped postcard stating, ‘‘Comments summary, FRA reasons that comments with Indian Tribal Governments; E.O. on OMB Control Number 2130–0526,’’ received will advance three objectives: 13112 Invasive Species; E.O. 13186 (the relevant OMB control number for (1) Reduce reporting burdens; (2) Responsibilities of Federal Agencies to each ICR is listed below) and should organize information collection Protect Migratory Birds. also include the title of the ICR. requirements in a ‘‘user-friendly’’ format (Catalog of Federal Domestic Assistance Alternatively, comments may be faxed to improve the use of such information; Program Number 20.205, Highway Planning to 202–493–6216 or 202–493–6497, or and (3) accurately assess the resources and Construction. The regulations emailed to Ms. Wells at hodan.wells@ expended to retrieve and produce implementing Executive Order 12372 dot.gov, or Ms. Toone at kim.toone@ information requested. See 44 U.S.C. regarding intergovernmental consultation on dot.gov. Please refer to the assigned 3501. Federal programs and activities apply to this OMB control number in any The summary below describes the ICR program.) correspondence submitted. FRA will that FRA will submit for OMB clearance Authority: 23 U.S.C. 139(l)(1). summarize comments received in as the PRA requires: response to this notice in a subsequent Issued on: August 21, 2019 Title: Control of Alcohol and Drug notice and include them in its Use in Railroad Operations. Mark D. Bartlett, information collection submission to OMB Control Number: 2130–0526. Division Administrator, Montgomery, AL. OMB for approval. Abstract: The Federal Railroad [FR Doc. 2019–18699 Filed 8–29–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. Administration (FRA) and the railroad BILLING CODE 4910–RY–P Hodan Wells, Information Collection industry will use the information Clearance Officer, Office of Railroad collected to determine the extent of Safety, Regulatory Analysis Division, alcohol and drug abuse on railroad DEPARTMENT OF TRANSPORTATION Federal Railroad Administration, 1200 property, curtail alcohol and drug use, Federal Railroad Administration New Jersey Avenue SE, Washington, DC 20590 (telephone: (202) 493–0440) or and ensure compliance with all 49 CFR Ms. Kim Toone, Information Collection part 219 requirements covering [Docket No. FRA–2019–0004–N–15] Clearance Officer, Office of Information regulated employees. For example, FRA Technology, Federal Railroad will use the information collected to Proposed Agency Information ensure that regulated employees are Collection Activities; Comment Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 subject to random alcohol and drug Request (telephone: 202–493–6132). testing. This information collection also covers foreign-railroads’ foreign-based AGENCY: Federal Railroad SUPPLEMENTARY INFORMATION: The PRA, employees who perform train or Administration (FRA), U.S. Department 44 U.S.C. 3501–3520, and its dispatching service in the United States. of Transportation (DOT). implementing regulations, 5 CFR part 1320, require Federal agencies to Type of Request: Extension with ACTION: Notice of information collection; change (revised estimates) of a currently request for comment. provide 60-days’ notice to the public to allow comment on information approved collection. SUMMARY: Under the Paperwork collection activities before seeking OMB Affected Public: Businesses. Reduction Act of 1995 (PRA) and its approval of the activities. See 44 U.S.C. Form(s): FRA F 6180.73, 6180.74, implementing regulations, FRA seeks 3506, 3507; 5 CFR 1320.8 through 6180.75. approval of the Information Collection 1320.12. Specifically, FRA invites Respondent Universe: 713 railroads Request (ICR) abstracted below. Before interested parties to comment on the (includes 2 foreign-based railroads), submitting this ICR to the Office of following ICR regarding: (1) Whether the 44,797 MOW employees, and 146,000 Management and Budget (OMB) for information collection activities are employees. approval, FRA is soliciting public necessary for FRA to properly execute Frequency of Submission: On comment on specific aspects of the its functions, including whether the occasion. activities identified in the ICR. activities will have practical utility; (2) ReportingBurden:
1 Throughout the tables in this document, the Transportation Board’s Full Year Wage A&B data wage rate that includes 75-percent overhead dollar equivalent cost is derived from the Surface series using the appropriate employee group hourly charges.
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Average time Total annual Total annual CFR section/subject Respondent universe Total annual responses per response burden hours dollar cost equivalent 1
219.4—Petition for recognition of a foreign rail- 1 railroad ...... 1 petition ...... 40 hours ...... 40 $3,040 road’s Workplace Testing Program. —Comments on petitions...... 1 railroad ...... 2 comments + 2 copies ...... 30 minutes ...... 1 76 219.7—Waivers ...... 713 railroads ...... 3 waiver letters ...... 90 minutes ...... 5 380 219.23(a)—Notification to employees for testing .. 146,000 employees ...... 644,797 notices ...... 3 seconds + 30 171 12,996 seconds. 219.12(d)—RR Documentation on need to place 713 railroads + 5 documents ...... 30 minutes ...... 3 228 employee on duty for follow-up tests. 44,79744,797 MOW em- ployees. 219.23(c) and (e)—Educational materials ...... 713 railroads + 44,797 500 modified/revised edu- 1 hour ...... 500 38,000 MOW employees. cational documents. —Copies of educational materials to employees .. 146,000 employees ...... 19,506 copies of educational 2 minutes ...... 650 49,400 material documents. 219.104(b)—Removal of employee from regu- 713 railroads + 44,797 350 verbal notices + 350 let- 30 seconds + 2 15 1,140 lated service—Verbal notice + follow-up written MOW employees. ters. minutes. letter. 219.105—RR’s duty to prevent violations—Docu- 713 railroads + 44,797 2 document copies ...... 5 minutes ...... 17 13 ments provided to FRA after agency request MOW employees. regarding RR’s alcohol and/or drug use/edu- cation/prevention program. —RR Supervisor Rule G observations and 713 railroads + 44,797 292,000 observation records 2 seconds ...... 162 12,312 records of regulated employees. MOW employees. 219.201(c)—Report by RR concerning decision 713 railroads + 44,797 2 reports ...... 30 minutes ...... 1 76 by person other than RR representative about MOW employees. whether an accident/incident qualifies for test- ing. 219.203/207—Verbal notification and subsequent 713 railroads + 44,797 80 notifications + 80 written 2 minutes + 5 9 684 written report of failure to collect urine/blood MOW employees. reports. minutes. specimens within four hours. —Recall of employees for testing and Narrative 713 railroads + 44,797 4 reports ...... 30 minutes ...... 2 152 Report Completion. MOW employees. —RR reference to part 219 requirements and 713 railroads + 44,797 97 references ...... 5 minutes ...... 8 608 FRA’s post-accident toxicological kit instruc- MOW employees. tions in seeking to obtain facility cooperation. —RR notification to National Response Center of 713 railroads + 44,797 2 phone calls ...... 10 minutes ...... 33 25 injured employee unconscious or otherwise un- MOW employees. able to give testing consent. —RR notification to local authority ...... 713 railroads + 44,797 5 phone calls ...... 10 minutes ...... 83 64 MOW employees. 219.205—Post-Accident Toxicological Testing 713 railroads + 44,797 97 forms ...... 10 minutes ...... 16 1,216 Qualifying Events—Testing Forms—Completion MOW employees. of FRA F 6180.73. —Specimen handling/collection—Completion of 146,000 employees ...... 207 forms ...... 15 minutes ...... 52 3,952 Form FRA F 6180.74 by train crew members after accident. —Completion of Form FRA 6180.75 ...... 713 railroads + 44,797 6 forms ...... 20 minutes ...... 2 152 MOW employees. —Documentation of chain of custody of sealed 713 railroads + 44,797 97 chain of custody docu- 2 minutes ...... 3 228 toxicology kit from medical facility to lab deliv- MOW employees. ments. ery. —RR/medical facility record of kit error ...... 713 railroads + 44,797 10 written records ...... 2 minutes ...... 33 25 MOW employees. 219.209(a)—Notification to NRC and FRA of acci- 713 railroads + 44,797 97 phone reports ...... 2 minutes ...... 3 228 dent/incident where samples were obtained. MOW employees. 219.211(b)—Results of positive post-accident tox- 713 railroads + 44,797 6 reports ...... 15 minutes ...... 2 152 icological testing to RR MRO and RR em- MOW employees. ployee. —MRO report to FRA of positive test for alcohol/ 713 railroads + 44,797 5 reports ...... 15 minutes ...... 1 76 drugs of surviving employee. MOW employees. 219.303—RR written documentation of observed 713 railroads + 44,797 30 written documents ...... 5 minutes ...... 3 228 signs/symptoms for reasonable suspicion deter- MOW employees. mination. 219.305—RR written record stating reasons test 713 railroads + 44,797 10 records ...... 2 minutes ...... 33 25 was not promptly administered. MOW employees. 219.405—RR Documentation describing basis of 713 railroads + 44,797 2,160 written documents ..... 5 minutes ...... 180 13,680 reasonable cause testing. MOW employees. 219.407(b)—Prompt specimen collection time lim- 713 railroads + 44,797 15 records ...... 15 minutes ...... 4 304 itation exceeded—Record. MOW employees. 219.501—RR Documentation of negative pre-em- 713 railroads + 44,797 6,100 lists ...... 30 seconds ...... 51 3,876 ployment drug tests. MOW employees. 219.605—Submission of random testing plan: 713 railroads + 44,797 5 plans ...... 1 hour ...... 5 380 New RRs. MOW employees. —Amendments to currently-approved FRA ran- 713 railroads + 44,797 450 amendments ...... 1 hour ...... 450 34,200 dom testing plan. MOW employees. —Resubmitted random testing plans after notice 713 railroads + 44,797 50 resubmitted plans ...... 30 minutes ...... 25 1,900 of FRA disapproval of plan or amendment. MOW employees. —Non-substantive amendment to an approved 713 railroads + 44,797 300 amendments ...... 15 minutes ...... 75 5,700 plan. MOW employees. 219.615—Incomplete random testing collec- 713 railroads + 44,797 2,000 documents ...... 30 seconds ...... 17 1,292 tions—Documentation. MOW employees.
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Average time Total annual Total annual CFR section/subject Respondent universe Total annual responses per response burden hours dollar cost equivalent 1
219.617—Employee Exclusion from random alco- 713 railroads + 44,797 5 documents ...... 1 hour ...... 5 380 hol/drug testing after providing verifiable evi- MOW employees. dence from credible outside professional. 219.623—Random testing records ...... 713 railroads + 44,797 40,000 records ...... 1 minutes ...... 667 50,692 MOW employees. 219.1001—Co-worker referral of employee who is 713 railroads + 44,797 20 referrals ...... 5 minutes ...... 2 152 unsafe to work with/in violation of Part 219 or MOW employees. railroad’s drug/alcohol rules..
Total ...... 713 railroads + 44,797 427,661 responses ...... N/A ...... 3,132 238,032 MOW employees.
Total Estimated Annual Responses: organization and was supportive of the mission of preventing death and 427,661. National Emergency Medical Services reducing serious injuries after traffic Total Estimated Annual Burden: Information System and NHTSA’s crashes. NHTSA is proposing to 3,132 hours. continued collection of emergency continue voluntary collection of limited Total Estimated Annual Burden Hour medical services data from U.S. States EMS information from U.S. States and Dollar Cost Equivalent: $238,032. and Territories. Territories. There are no Federal Under 44 U.S.C. 3507(a) and 5 CFR DATES: Comments must be submitted on mandates or requirements for 1320.5(b) and 1320.8(b)(3)(vi), FRA or before September 30, 2019. submission of EMS information from informs all interested parties that it may ADDRESSES: Send comments regarding U.S. States and Territories. The not conduct or sponsor, and a the burden estimate, including information is transmitted from local respondent is not required to respond suggestions for reducing the burden, to EMS agencies to State EMS data to, a collection of information unless it the Office of Management and Budget, systems, and then onto NHTSA’s displays a currently valid OMB control Attention: Desk Officer for NHTSA, 725 National EMS Database via an number. 17th Street NW, Washington, DC 20503. automated ‘‘machine-to-machine’’ Authority: 44 U.S.C. 3501–3520. FOR FURTHER INFORMATION CONTACT: For process that uses Web Services. The additional information or access to information is transmitted from the Zebediah G. Schorr, point-of-care to states and NHTSA’s Assistant Chief Counsel. background documents, contact Eric Chaney, Office of Emergency Medical National EMS Database in near real- [FR Doc. 2019–18809 Filed 8–29–19; 8:45 am] Services (NPD–400), Room W44–318, time. The information collected by the BILLING CODE 4910–06–P 1200 New Jersey Avenue SE, National EMS Database is a de- Washington, DC 20590. Mr. Chaney’s identified subset of the data already being collected for use by state and DEPARTMENT OF TRANSPORTATION telephone number is (202) 366–0257. Please identify the relevant collection of territorial EMS Offices. The National EMS Database collects information that National Highway Traffic Safety information by referring to its OMB describes EMS agencies, the activation Administration Control Number. SUPPLEMENTARY INFORMATION: and response of individual EMS units to [Docket No. DOT–NHTSA–2019–0025] Title: National Emergency Medical an emergency, emergency care provided Services Information System on scene and during transport to a Agency Information Collection health facility, transport decision, Activities; Submission to the Office of (NEMSIS)—State Submission to National EMS Database. disposition of the patient and incident, Management and Budget for Review and EMS system times such as response and Approval; Request for Comment; OMB Control Number: 2127–0717. Type of Request: Collection of time. Personal identifiable information National Emergency Medical Services Emergency Medical Services Data. (PII) such as the patient’s name, Information System (NEMSIS) Type of Review Requested: Regular. patient’s home address, patient’s date of AGENCY: National Highway Traffic Abstract: The U.S. Department of birth, patient’s social security number, Safety Administration (NHTSA), Transportation, National Highway and patient’s medical record number are Department of Transportation. Traffic Safety Administration (NHTSA) not collected by the National EMS ACTION: Notice and request for was established by Congress to save Database. The information collected by comments. lives, prevent injuries, and reduce the National EMS Database is available economic costs due to motor vehicle to the public. The National EMS SUMMARY: In compliance with the crashes through education, research, Database provides NHTSA’s Office of Paperwork Reduction Act of 1995, this safety standards, and enforcement EMS with information necessary to notice announces that the Information activity. Within NHTSA, the Office of inform national EMS and first responder Collection Request (ICR) abstracted Emergency Medical Services is programs, projects, and initiatives; and below is being forwarded to the Office responsible for advancing a national determine the impact EMS has on of Management and Budget (OMB) for vision for emergency medical services highway safety and post-crash care. The review and comments. A Federal (EMS) through the development and information is also used by EMS and Register Notice with a 60-day comment implementation of targeted projects to public health researchers to develop period soliciting comments on the benefit patient care, EMS practitioner evidence for best practices in EMS following information collection was safety and support of EMS research. The operations and prehospital clinical care, published on February 1, 2019. One NHTSA Office of EMS also coordinates and by local EMS agencies and state comment was received during the 60- with the Federal and state highway offices of EMS for performance day comment period. The comment was safety community to ensure that EMS is improvement and benchmarking. submitted by a national EMS equipped and prepared to carry out its Affected Public: State Governments.
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Estimated Number of Respondents: Authority: The Paperwork Reduction Act www.regulations.gov including any 56. of 1995, 44 U.S.C. Chapter 35; and delegation personal information provided. of authority at 49 CFR 1.95 and 501.8. Respondents include one FOR FURTHER INFORMATION CONTACT: representative from each State, Jon Krohmer, Kathy Sifrit, Ph.D., Contracting Officer’s populated Territory and the District of Acting Associate Administrator, Research Representative, Office of Behavioral Columbia. and Program Development, National Highway Safety Research (NPD–320), National Traffic Safety Administration. Highway Traffic Safety Administration, Frequency: Annually. [FR Doc. 2019–18781 Filed 8–29–19; 8:45 am] 1200 New Jersey Avenue SE, W46–472, Number of Responses: N/A. BILLING CODE 4910–59–P Washington, DC 20590. Dr. Sifrit’s Estimated Individual Burden: 18 phone number is 202–366–0868, and hours. her email address is kathy.sifrit@ DEPARTMENT OF TRANSPORTATION dot.gov. The Individual Burden for each of the 56 respondents is 18 hours per year. It National Highway Traffic Safety SUPPLEMENTARY INFORMATION: Under the is estimated that each respondent will Administration Paperwork Reduction Act of 1995, spend an additional 1.5 hours per before an agency submits a proposed [U.S. DOT Docket No. NHTSA–2019–0051] month ensuring a subset of data from collection of information to OMB for approval, it must publish a document in the existing State Dataset is transmitted Agency Information Collection the Federal Register providing a 60-day to the National Dataset. Activities; Notice and Request for comment period and otherwise consult Estimated Total Annual Burden Comments; Effects of Education on with members of the public and affected Hours: 1,008. Speeding Behavior agencies concerning each proposed Total burden hours are estimated AGENCY: National Highway Traffic collection of information. The OMB has based upon ongoing electronic Safety Administration (NHTSA), DOT. promulgated regulations describing what must be included in such a submissions from each respondent, with ACTION: Request for public comment on document. Under OMB’s regulations (at machine to machine transmittal. a proposed collection of information. NHTSA estimates that this information 5 CFR 1320.8(d)), an agency must ask collection will involve 56 respondents SUMMARY: Before a Federal agency can for public comment on the following: (i) Whether the proposed collection of spending approximately 18 hours collect certain information from the information is necessary for the proper providing information for NEMSIS. public, it must receive approval from performance of the functions of the Therefore, the total annual burden the Office of Management and Budget agency, including whether the estimate is 1,008 hours. (OMB). Under procedures established by the Paperwork Reduction Act of 1995 information will have practical utility; Estimated Total Annual Burden Cost: (44 U.S.C. 3501 et seq.), before seeking (ii) The accuracy of the agency’s $50,954. OMB approval, Federal agencies must estimate of the burden of the proposed NHTSA estimated the total annual solicit public comment on proposed collection of information, including the burden cost using the total average collections of information, including validity of the methodology and compensation costs for State, Territorial extensions and reinstatements of assumptions used; and local government workers of $50.55 previously approved collections. This (iii) How to enhance the quality, utility, and clarity of the information to per hour as reported by the Bureau of document describes an Information be collected; and Labor Statistics in December 2018. Collection Request (ICR) for which NHTSA intends to seek OMB approval. iv) How to minimize the burden of the Therefore, the total cost associated with collection of information on those who DATES: the 1,008 burden hours is $50,954. Comments must be received on are to respond, including the use of There are no additional anticipated or before October 29, 2019. appropriate automated, electronic, costs to respondents or record keepers, ADDRESSES: You may submit comments mechanical, or other technological beyond what they have already set up identified by DOT Docket ID Number collection techniques or other forms of to meet their own State needs for this NHTSA–2019–0051 using any of the information technology, e.g., permitting information. following methods: electronic submission of responses. Public Comments Invited: You are Electronic Submissions: Go to http:// In compliance with these asked to comment on any aspects of this www.regulations.gov. Follow the on-line requirements, NHTSA asks for public instructions for submitting comments. information collection, including (a) comment on the following proposed Mail: Docket Management Facility, whether the proposed collection of collection of information: M–30, U.S. Department of information is necessary for the proper Title: Effects of Education on Transportation, 1200 New Jersey performance of the functions of the Speeding Behavior. Avenue SE, West Building Ground OMB Clearance Number: New. Department, including whether the Floor, Room W12–140, Washington, DC Type of Review Requested: Regular. information will have practical utility; 20590. Form Number: NHTSA Form 1492, (b) the accuracy of the Department’s Hand Delivery: West Building Ground NHTSA Form 1493, NHTSA Form 1494, estimate of the burden of the proposed Floor, Room W12–140, 1200 New Jersey NHTSA Form 1495, NHTSA Form 1496, information collection; (c) ways to Avenue SE, Washington, DC, between 9 and NHTSA Form 1497. enhance the quality, utility and clarity a.m. and 5 p.m., Monday through Type of Information Collection of the information to be collected; and Friday, except Federal holidays. Request: Approval of a new information (d) ways to minimize the burden of the Fax: 1–202–493–2251. collection. collection of information on Instructions: Each submission must Requested Expiration Date of respondents, including the use of include the Agency name and the Approval: 3 years from date of approval. automated collection techniques or Docket number for this Notice. Note that Abstract: The National Highway other forms of information technology. all comments received will be posted Traffic Safety Administration (NHTSA) without change to http:// of the U.S. Department of
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Transportation is seeking approval to have had a speeding citation in the past DEPARTMENT OF TRANSPORTATION collect information from licensed 3 years. National Highway Traffic Safety drivers who have at least one speeding Estimated Time per Participant: The Administration citation or conviction in the previous estimated time for recruiting 250 three years for a one-time voluntary possible participants is 10 minutes per study of the effects of an education person. The estimated time for [U.S. DOT Docket Number NHTSA–2016– 0065] course being developed that covers screening the 150 possible participants vehicle speeds, laws, and the risks of is nine minutes per person to complete speeding on speeding behavior. NHTSA Agency Information Collection the screener questionnaire and provide proposes to approach up to 250 drivers Activities; Submission to the Office of contact information. The estimated time appearing at the Wake County, NC Management and Budget for Review for the 100 study participants is six district court because of speeding and Approval; Request for Comment; hours per person to complete the infractions to ascertain their interest in Defect and Noncompliance Reporting informed consent, take the three-hour participating in the study after their case and Notification and 30-minute course, complete all has been adjudicated. Of those 250, we questionnaires, and wait for equipment AGENCY: National Highway Traffic expect to collect information from 150 to be installed and uninstalled from Safety Administration (NHTSA), U.S. potential participants determine their their vehicles. Department of Transportation. eligibility for the study with the goal of ACTION: Notice. recruiting 100 voluntary participants. Total Estimated Burden Hours: The The 100 participants will complete an total estimated annual burden is 665 SUMMARY: In compliance with the informed consent form, three driver hours for the project activities. Paperwork Reduction Act of 1995, this speeding questionnaires (before the Participation in this study is voluntary, notice announces that the Information course, right after the course, and one and there are no costs to respondents Collection Request (ICR) abstracted month after the course) to explore the beyond the time spent completing the below is being forwarded to the Office effects of the course on their attitudes questionnaires and visits to the study of Management and Budget (OMB) for and beliefs regarding speeding as well facility. review and comment. The ICR describes as their tendency to speed, a course Frequency of Collection: This study is the nature of the information collections evaluation, and sensation-seeking one-time data collection, and there will and their expected burden. The Federal questionnaire to measure psychological be no recurrence. Register Notice with a 60-day comment factors related to risky behaviors. In period was published on June 12, 2019. addition, NHTSA will collect Description of the Need for the Information and Proposed Use of the DATES: Comments must be submitted to naturalistic driving data, which involves OMB on or before September 30, 2019. unobtrusive observation of driving in a Information: NHTSA was established to natural, on-road setting using a vehicle reduce deaths, injuries, and economic ADDRESSES: Send comments to the instrumented with position, speed, and losses resulting from motor vehicle Office of Information and Regulatory other sensors. This collection is solely crashes on the Nation’s highways. As Affairs, OMB, Attention: NHTSA Desk reporting, and there are no record- part of this statutory mandate, NHTSA Officer, 725 17th Street NW, keeping costs to the respondents. is authorized to conduct research for the Washington, DC 20503. NHTSA will use the information to development of traffic safety programs. FOR FURTHER INFORMATION CONTACT: produce a technical report that presents In 2017, there were 9,717 fatalities in Stephen Hench, Office of Chief Counsel the results of the study. The technical speeding-related crashes—26% of all (NCC–0100), Room W41–229, NHTSA, report will provide aggregate (summary) fatal crashes. Public information and 1200 New Jersey Avenue SE, statistics and tables as well as the education are important elements of any Washington, DC 20590. Telephone: results of statistical analysis of the effective speed management program. 202.366.2992. Recent NHTSA research has indicated information, but it will not include any SUPPLEMENTARY INFORMATION: Under the that many drivers feel they lack personal information. The technical Paperwork Reduction Act of 1995, sufficient knowledge about speeding report will be shared with State before an agency submits a proposed highway offices, local governments, and and would like more information on collection of information to OMB for those who develop driver education and stopping distances, laws, and risks approval, it must first publish a traffic safety communications that aim involved. This project is designed to document in the Federal Register to reduce speed-related crashes. The examine the effectiveness of basic driver providing a 60-day comment period and total estimated burden for recruiting 250 education covering speed, laws, and otherwise consult with members of the participants (42 hours), for screening risks of speeding in changing driver public and affected agencies concerning 150 participants (23 hours) and for 100 attitudes and behaviors regarding each proposed collection of information. participants to complete the study (600 speeding. This information will be OMB has promulgated regulations hours) is 665 total hours. useful to State highway offices, local describing what must be included in Respondents: Participation in this governments, and those who develop such a document. Under OMB’s study will be voluntary, and 100 driver education and traffic safety regulation, see 5 CFR 1320.8(d), an participants will be recruited from communications that aim to reduce agency must ask for public comment on drivers that attend the Wake County, NC speed-related crashes. the following: district court because of speeding Authority: 44 U.S.C. Section 3506(c)(2)(A). (i) Whether the proposed collection of infractions after their case has been information is necessary for the proper Issued in Washington, DC. adjudicated. An estimated 250 people performance of the functions of the will be approached and have the study Jon Krohmer, agency, including whether the described to them, and 150 people will Associate Administrator, Acting, Research information will have practical utility; be screened to recruit the 100 who will and Program Development. (ii) The accuracy of the agency’s complete the study. Participants will be [FR Doc. 2019–18782 Filed 8–29–19; 8:45 am] estimate of the burden of the proposed licensed drivers over 18 years old who BILLING CODE 4910–59–P collection of information, including the
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validity of the methodology and and then provide various information person to whom the tire was sold or assumptions used; and documents to, NHTSA in the event leased takes possession of it. (iii) How to enhance the quality, a safety defect or noncompliance with Pursuant to its safety authorities, utility, and clarity of the information to FMVSS is identified in products they NHTSA is continuing its oversight of be collected; and manufactured. See 49 U.S.C. 30118(b) recalls of unprecedented complexity (iv) How to minimize the burden of and 49 CFR 573.6. Manufacturers are involving Takata air bag inflators.1 the collection of information on those further required to notify owners, Under the Coordinated Remedy Program who are to respond, including the use purchasers, dealers, and distributors established to address this major issue, of appropriate automated, electronic, about the safety defect or and the associated Coordinated Remedy mechanical, or other technological noncompliance. See 49 U.S.C. 30118(b), Order as amended on December 9, 2016 collection techniques or other forms of 30120(a); 49 CFR 577.7, 577.13. (the ‘‘ACRO’’), manufacturers issue information technology, e.g., permitting Manufacturers are required to provide to supplemental owner communications electronic submission of responses. NHTSA copies of communications utilizing non-traditional means.2 In compliance with these pertaining to recall campaigns that they Estimated Burden: NHTSA previously requirements, NHTSA asks for public issue to owners, purchasers, dealers, estimated an annual burden of 36,070 comments on the following collection of and distributors. See 49 U.S.C. 30166(f); hours associated with this collection (of information: 49 CFR 573.6(c)(10). which 456 hours was contemplated for Title: Defect and Noncompliance Manufacturers are also required to file conducting supplemental recall Reporting and Notification. with NHTSA a plan explaining how communications under administrative Type of Request: Renewal of a they intend to reimburse owners and order to achieve completion of the currently approved information purchasers who paid to have their Takata recalls), $155,450,329 (of which collection. products remedied before being notified $27,836,329 is contemplated for Type of Review Requested: Regular. conducting supplemental recall OMB Control Number: 2127–0004. of the safety defect or noncompliance, and explain that plan in the communications under administrative Affected Public: Businesses or order to achieve completion of the individuals. notifications they issue to owners and purchasers about the safety defect or Takata recalls), and 274 respondents per Abstract: The 60-day notice for this year (19 vehicle manufacturers noncompliance. See 49 U.S.C. 30120(d) information collection received two (2) conducting supplemental recall and 49 CFR 573.13. Manufacturers are comments. One of those comments communications under administrative further required to keep lists of the appears to have been placed on the order to achieve completion of the respective owners, purchasers, dealers, incorrect docket. The other comment Takata recalls).3 Our prior estimates of distributors, lessors, and lessees of the received was submitted by The Alliance the burden hours and cost associated products determined to be defective or of Automobile Manufacturers (Alliance). with the requirements currently covered noncompliant and involved in a recall The Alliance offered comments on the by this information collection require campaign, and are required to provide scope of, and burdens associated with, adjustment as follows. the collection as it relates to the Takata NHTSA with a minimum of six Based on current information, we Coordinated Remedy Program. A quarterly reports reporting on the estimate 249 distinct manufacturers summary of these comments is below progress of their recall campaigns. See filing an average of 988 Part 573 Safety with the corresponding burden 49 CFR 573.8 and 573.7, respectively. Recall Reports each year. This is a estimates, along with the agency’s The Act and Part 573 also contain change from our previous estimate of response. numerous information collection 963 Part 573 Safety Recall Reports filed This collection covers the information requirements specific to tire recall and by 274 manufacturers each year. In collection requirements found within remedy campaigns. These requirements addition, with reference to the metric various statutory provisions of the relate to the proper disposal of recalled associated with NHTSA’s Vehicle Motor Vehicle Safety Act of 1966 (Act), tires, including a requirement that the Identification Number (VIN) Look-up 49 U.S.C. 30101, et seq., that address manufacturer conducting the tire recall Tool regulation, see 49 CFR 573.15, we and require manufacturer notifications submit a plan and provide specific continue to estimate it takes the 17 to NHTSA of safety-related defects and instructions to certain persons (such as major passenger-vehicle manufacturers failures to comply with Federal Motor dealers and distributors) addressing that (those that produce more than 25,000 Vehicle Safety Standards (FMVSS) in disposal, and a requirement that those vehicles annually) additional burden motor vehicles and motor vehicle persons report back to the manufacturer hours to complete these Reports to equipment, as well as the provision of certain deviations from the plan. See 49 NHTSA, as explored in more detail particular information related to the U.S.C. 30120(d) and 49 CFR 573.6(c)(9). below. See 82 FR 60789 (December 22, ensuing owner and dealer notifications The regulations also require that 2017). Between 2015 and 2018, the and free remedy campaigns that follow manufacturers report to NHTSA major passenger-vehicle manufacturers those notifications. The sections of the intentional and knowing sales or leases conducted an average of 316 recalls Act imposing these requirements of defective or noncompliant tires. annually. include 49 U.S.C. 30118, 30119, 30120, 49 U.S.C. 30166(n) and its We continue to estimate that and 30166. Many of these requirements implementing regulation found at 49 maintenance of the required owner, are implemented through, and CFR 573.10 mandate that anyone who purchaser, dealer, and distributors lists addressed with more specificity in, 49 knowingly and willfully sells or leases requires 8 hours a year per CFR part 573, Defect and for use on a motor vehicle a defective manufacturer. We also continue to Noncompliance Responsibility and tire or a tire that is not compliant with Reports (part 573) and 49 CFR 577, FMVSS, and with actual knowledge that 1 See generally ‘‘Takata Recall Spotlight,’’ https:// Defect and Noncompliance Notification the tire manufacturer has notified its www.nhtsa.gov/equipment/takata-recall-spotlight. (part 577). dealers of the defect or noncompliance 2 See generally ‘‘Notice of Coordinated Remedy Program Proceeding for the Replacement of Certain Pursuant to the Act, motor vehicle as required under the Act, is required to Takata Air Bag Inflator,’’ available at https:// and motor vehicle equipment report that sale or lease to NHTSA no www.regulations.gov/docket?D=NHTSA-2015-0055. manufacturers are obligated to notify, more than five working days after the 3 See 82 FR 60789, 60790 (December 22, 2017).
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estimate it takes a major passenger- noncompliance to all known noncompliance with FMVSS in their vehicle manufacturer 40 hours to distributors or retail outlets further tires, as well as in the notifications they complete each notification report to down the distribution chain within five issue to their dealers or other tire outlets NHTSA, and it takes all other working days. See 49 CFR participating in the recall campaign. See manufacturers 4 hours. Accordingly, we 577.7(c)(2)(iv). As a practical matter, 49 CFR 573.6(c)(9). We believe our estimate the annual burden hours this requirement would only apply to previous estimate of 12 tire recalls per related to the reporting to NHTSA of a equipment manufacturers, since vehicle year needs to be adjusted to 11 tire safety defect or noncompliance for the manufacturers generally sell and lease recalls per year to better reflect recent 17 major passenger vehicle- vehicles through a dealer network, and data. We continue to estimate that the manufacturers to be 12,640 hours not through independent distributors. inclusion of this additional information annually (316 notices × 40 hours/ We believe our previous estimate of 87 will require an additional two hours of report), and that all other manufacturers equipment recalls per year needs to be effort beyond the subtotal above require a total of 2,688 hours annually adjusted to 91 equipment recalls per associated with non-tire recall (672 notices × 4 hours/report) to file year to better reflect recent data. We campaigns. This additional effort their notices. Thus, the estimated have estimated the burden associated consists of one hour for the NHTSA annual burden hours related to the with these notifications (identifying notification and one hour for the dealer reporting to NHTSA of a safety defect or retail outlets, making copies of the notification for a total of 22 burden noncompliance is 17,320 hours (12,640 manufacturer’s notice, and mailing) to hours (11 tire recalls a year × 2 hours hours + 2,688 hours) + (249 MFRs × 8 be 5 hours per recall campaign. per recall). hours to maintain purchaser lists).4 Assuming an average of 3 distributors Manufacturer-owned or controlled We continue to estimate that an per equipment item, which is a liberal dealers are required to notify the additional 40 hours will be needed to estimate given that many equipment manufacturer and provide certain account for major passenger-vehicle manufacturers do not use independent information should they deviate from manufacturers adding details to Part 573 distributors, the total number of burden the manufacturer’s disposal plan. Safety Recall Reports relating to the hours associated with this third-party Consistent with our previous analysis, intended schedule for notifying its notification requirement is we continue to ascribe zero burden dealers and distributors, and tailoring approximately 1,365 hours per year (91 hours to this requirement since to date its notifications to dealers and recalls × 3 distributors × 5 hours). no such reports have been provided, distributors in accordance with the As for the burden linked with a and our original expectation that dealers requirements of 49 CFR 577.13. An manufacturer’s preparation of and would comply with manufacturers’ additional 2 hours will be needed to notification concerning its plans has proven accurate. account for this obligation in other reimbursement for pre-notification Accordingly, we estimate 22 burden manufacturers’ Safety Recall Reports. remedies, we continue to estimate that hours a year will be spent complying This burden is estimated at 13,984 the preparation of a reimbursement plan with the tire recall campaign hours annually (672 notices × 2 hours/ takes approximately 4 hours annually. requirements found in 49 CFR notification) + (316 notices × 40 hours/ We also continue to estimate that an 573.6(c)(9). notification). additional 1.5 hours per year is spent by The agency continues to estimate 1 49 U.S.C. 30166(f) requires the 17 major passenger-vehicle burden hour annually will be spent manufacturers to provide to the Agency manufacturers adapting the plan to preparing and submitting reports of a copies of all communications regarding particular defect and noncompliance defective or noncompliant tire being defects and noncompliances sent to notifications to NHTSA and adding intentionally sold or leased under 49 owners, purchasers, and dealerships. tailored language about the plan to a U.S.C. 30166(n) and its implementing Manufacturers must index these particular safety recall’s owner regulation at 49 CFR 573.10. communications by the year, make, and notification letters, while an additional We continue to expect that nine vehicle manufacturers, who did not model of the vehicle as well as provide .5 hours per year is spent on this task operate VIN-based recalls lookup a concise summary of the subject of the by all other manufacturers. And we systems prior to August 2013, incur communication. We continue to continue to estimate that an additional certain recurring burdens on an annual estimate this burden requires 3 hours for 12 hours annually is spent basis. We continue to estimate that 100 each vehicle recall for the 17 major disseminating plan information, for a burden hours will be spent on system passenger-vehicle manufacturers, and total of 4,794 annual burden hours ((249 × and database administrator support. 30 minutes for all other manufacturers MFRs 4 hours to prepare plan) + (316 × These 100 burden hours include: for each vehicle recall. This totals an recalls 1.5 hours tailoring plan for × Backup data management and estimated 1,284 hours annually (316 each recall) + (672 recalls .5 hours) + × monitoring; database management, recalls × 3 hours for the 17 major (249 MFRs 12 hours to disseminate updates, and log management; and data passenger-vehicle manufacturers) + (672 plan information)). transfer, archiving, quality assurance, recalls × .5 for all other manufacturers). The Safety Act and 49 CFR part 573 and cleanup procedures. We continue to In the event a manufacturer supplied also contain numerous information estimate another 100 burden hours will the defective or noncompliant product collection requirements specific to tire be incurred on web/application to independent dealers through recall and remedy campaigns, as well as developer support. These burdens independent distributors, that a statutory and regulatory reporting include: Operating system and security manufacturer is required to include in requirement that anyone who patch management; application/web its notifications to those distributors an knowingly and intentionally sells or server management; and application instruction that the distributors are then leases a defective or noncompliant tire server system and log files management. to provide copies of the manufacturer’s notify NHTSA of that activity. Manufacturers are required to include We continue to estimate these burdens notification of the defect or specific information related to tire will total 1,800 hours each year (9 MFRs × 4 For more information about how we derived disposal in the notifications they 200 hours). We also continue to these and certain other estimates, please see 81 FR provide NHTSA concerning estimate the recurring costs of these 70269 (October 11, 2016). identification of a safety defect or burden hours will be $30,000 per
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manufacturer.5 Furthermore, we We continue to estimate that 20 $10,223,460 (51,400,000 letters × .13 continue to estimate that the total cost percent of Part 573 reports will involve requiring interim owner notifications = to the industry from these recurring a change or addition regarding recall 6,682,000 letters; 6,682,000 × $1.53 = expenses will total $270,000, on an components, and that at two hours per $10,023,000). In total, we estimate that annual basis (9 MFRs × $30,000). amended report, this totals 396 burden the current 49 CFR part 577 × Changes to 49 CFR part 573 in 2013 hours per year (988 recalls .20 = 193 requirements cost manufacturers a total × required 27 manufacturers to update recalls; 198 2 = 396 hours). of $88,865,460 annually ($78,642,000 each recalled vehicle’s repair status no As to the requirement that for owner notification letters + less than every 7 days, for 15 years from manufacturers notify NHTSA in the $10,223,460 for interim notification the date the VIN is known to be event of a bankruptcy, we expect this letters = $88,865,460). included in the recall. This ongoing notification to take an estimated 2 hours As discussed above, to address the requirement to update the status of a to draft and submit to NHTSA. We scope and complexity of the Takata VIN for 15 years continues to add a continue to estimate that only 10 recalls, NHTSA issued the ACRO, recurring burden on top of the one-time manufacturers might submit such a which requires affected vehicle notice to NHTSA each year, so we manufacturers to conduct supplemental burden to implement and operate these calculate the total burden at 20 hours owner notification efforts in online search tools. We continue to (10 MFRs × 2 hours). coordination with NHTSA and the estimate that 8 affected motorcycle We continue to estimate that it takes Independent Monitor of Takata. On manufacturers will make recalled VINs the 17 major passenger-vehicle December 23, 2016, the Monitor, in available for an average of 2 recalls each manufacturers an average of 11 hours to consultation with NHTSA, issued year and 19 affected passenger-vehicle draft their notification letters, submit Coordinated Communications manufacturers will make recalled VINs them to NHTSA for review, and then Recommendations for vehicle owner available for an average of 8 recalls each finalize them for mailing to their outreach (‘‘CCRs’’), which includes a year. We believe it will take no more affected owners and purchasers. We also recommendation that vehicle than 1 hour, and potentially less with continue to estimate it takes 8 hours for manufacturers provide at least one form automated systems, to update the VIN all other manufacturers to perform this of consumer outreach per month for status of vehicles that have been task. Accordingly, we estimate that the vehicles in a launched recall campaign remedied under the manufacturer’s 49 CFR part 577 requirements result in (i.e., a recall where parts are available) remedy program. We continue to 8,852 burden hours annually (11 hours until the vehicle is remedied (unless estimate this will require 8,736 burden × × × per recall 316 recalls per year) + (8 otherwise accounted for as scrapped, hours per year (1 hour 2 recalls 52 hours per recall × 672 recalls per year). × × × stolen, exported, or otherwise weeks 8 MFRs + 1 hour 8 recalls The burden estimate associated with × unreachable under certain procedures in 52 weeks 19 MFRs) to support the the regulation that requires interim the ACRO). See CCRs ¶ 1(b); ACRO requirement to update the recalls owner notifications within 60 days of ¶¶ 45–46. The Monitor also completion status of each VIN in a recall filing a Part 573 Safety Recall Report recommended that manufacturers at least weekly for 15 years. must be revised upward. We previously utilize at least three non-traditional As the number of Part 573 Recall calculated that about 12 percent of past means of communication (e.g., Reports has increased in recent years, so recalls require an interim notification postcards; email; telephone calls; text has the number of quarterly reports that mailing, but recent trends show that 13 message; social media) as part of their track the completion of safety recalls. percent of recalls require an interim overall outreach strategy. See CCRs Our previous estimate of 4,498 quarterly owner notification mailing. We continue ¶ 1(a). And the Monitor recommended reports received annually is now revised to estimate the preparation of an interim including certain content in these upwards to 5,512 quarter reports notification can take up to 10 hours. We communications, including certain received annually. We continue to therefore estimate that 1,250 burden safety-risk information. See id. ¶ 2. If a estimate it takes manufacturers 1 hour hours are associated with the 60-day vehicle manufacturer does not wish to to gather the pertinent information for interim notification requirement (963 follow the Monitor’s recommendations, each quarterly report, and 10 additional recalls × .13 = 125 recalls; 125 recalls the ACRO permits the manufacturer to hours for the 17 major passenger-vehicle times 10 hours per recall = 1,250 hours). propose an alternative communication manufacturers to submit electronic As for costs associated with notifying strategy to NHTSA and the Monitor. reports. We therefore now estimate that owners and purchasers of recalls, to ACRO ¶ 42. the quarterly reporting burden pursuant reflect an increase in postage rates, we As noted above, two comments were to Part 573 totals 5,682 hours ((5,512 are revising our estimate of the cost of submitted in response to the 60-day quarterly reports × 1 hour/report) + (17 first-class mail notification to $1.53 per notice of this information collection. MFRs × 10 hours for electronic notification, on average. This cost One of those comments appears to have submission)). estimate includes the costs of printing been placed on the incorrect docket. and mailing, as well as the costs vehicle We continue to estimate a small The other comment, filed by The manufacturers may pay to third-party burden of 2 hours annually in order to Alliance (which also attached two vendors to acquire the names and set up a manufacturer’s online recalls previously filed comments regarding addresses of the current registered portal account with the pertinent this collection), responded to several owners from state and territory contact information and maintaining/ facets of the notice that touch on two departments of motor vehicles. In updating their account information as primary issues: (1) The extent to which reviewing recent recall figures, we various provisions of the ACRO are needed. We estimate this will require a determined that an estimated 51.4 subject to the PRA (and whether the total of 498 hours annually (2 hours × million letters are mailed yearly totaling investigatory exception applies to the 249 MFRs). $78,642,000 ($1.53 per letter × PRA in this context); and (2) the 51,400,000 letters). The requirement in accuracy of the agency’s burden 5 $8,000 (for data center hosting for the physical server) + $12,000 (for system and database 49 CFR part 577 for a manufacturer to estimate. The Alliance commented that administrator support) + $10,000 (for web/ notify their affected customers within it believes that NHTSA should account application developer support) = $30,000. 60 days would add an additional for additional cost burdens under the
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ACRO beyond the monthly outreach manufacturers that were, subsequently, The Program is constructed and recommended under the CCRs. See added to the Program.7 After an implemented through various Agency Comments (Aug. 12, 2019) at 2–4. The expansion of the recalls in light of new orders (principally the Coordinated Alliance also commented that NHTSA information, NHTSA specifically added Remedy Order and amendments) underestimated the costs associated seven ‘‘newly affected’’ vehicle directed specifically at a discrete, finite with this monthly outreach, and that manufacturers to the Coordinated number of entities, including only those NHTSA should provide separate burden Remedy Program in its Third vehicle manufacturers affected by the estimates for each category of outreach Amendment to the Coordinated Remedy Takata recalls. Accordingly, NHTSA’s and compare those burdens with Order. See ACRO ¶¶ 8, 10, 31.8 responses to comments and its burden ‘‘evidence of effectiveness.’’ See id. at 2, Thus, contrary to Alliance and estimates are limited to the monthly- 5. In addition, The Alliance commented Global’s suggestion, these orders are not outreach recommendation in the CCRs. that NHTSA should account for generalized so as to apply broadly ‘‘to a Furthermore, to the burden estimate, Monitor-conducted surveys and other category of individuals or entities, such NHTSA acknowledges the ‘‘wide variety activities, and provide ‘‘information as a class of licensees or an industry’’ of outreach methods contemplated by justifying the practical utility’’ of under the PRA. See Comments (January the ACRO,’’ and agrees with the supplemental non-traditional outreach. 22, 2018) at 2 (citing 5 CFR 1320.4(c)). Alliance’s recognition that estimating See id. at 5. The Alliance further Rather, the orders are limited to specific per-VIN outreach cost is a difficult task commented that it disagrees with vehicle manufacturers the Agency has given that outreach populations change NHTSA’s discounting of its cost identified as affected by the Takata air and, with those changes, the methods estimates based on vehicle manufacturer bag recalls. See also Shell Oil Co. v. necessary to engage those populations settlement agreements in multi-district Babbitt, 945 F. Supp. 792, 806 (D. Del. also changes. See Comments (Jan. 22, litigation proceedings. Id. 1996) (rejecting argument that agency’s 2018) at 4; Comments (Aug. 12, 2019). As to the extent to which various investigations were limited to subjects The Alliance notes that costs of provision of the ACRO in addition to covered in forms agency uses for routine outreach per VIN may have increased as the CCRs described above are subject to inquiries, noting it is untenable to ‘‘to the recalls have progressed. Comments the PRA, The Alliance previously limit [the agency] in a way that would (Aug. 12, 2019) at 2. The Alliance also commented that the investigatory seriously curtail its investigative efforts states that NHTSA should separately exception to the PRA applies ‘‘ ‘only and in a way Congress never intended estimate the burdens for each category after a case file or equivalent is opened in passing’’ an agency statute and the of outreach and compare the burden with respect to a particular party . . . PRA); id. at 805–06 (observing a ‘‘long with the outreach’s effectiveness. Id. and only with respect to ‘an line of cases recognizing that an The CCR provisions recommend administrative action, investigation or administrative agency’s authority when ‘‘[e]ngaging in outreach specific to the audit involving an agency against it requests records and undertakes Takata airbag recall employing at least specific individuals or entities.’ ’’ investigatory functions related to its three’’ methods of non-traditional Comments (Jan. 22, 2018) at 2 (quoting responsibilities is very broad’’); outreach, ‘‘to ensure that each vehicle in 5 CFR 1320.4(a)(2), (c)). The Alliance’s Lonsdale v. United States, 919 F.2d a launched campaign receives at least position is that ‘‘if there is any relevant 1440, 1445 (10th Cir. 1990) (recognizing one form of outreach per month until investigation,’’ it is an investigation courts holding that PRA is inapplicable the vehicle is repaired’’ (unless the against Takata—not the affected to forms requesting information issued vehicle can otherwise be accounted for automakers, because they ‘‘are not the in investigation against an individual to as set forth in the ACRO). CCRs at 1 target’’ of the investigation. Id. determine tax liability); Pitts v. (emphases in original). Thus, the CCRs Therefore, the Alliance believes NHTSA Commissioner of Internal Revenue, T.C. provide manufacturers wide latitude, should account for burdens associated Memo 2010–101, 10 (May 6, 2010) and what specific outreach methods a with other provisions of the ACRO, (rejecting interpretation that PRA vehicle manufacturer employs is the beyond the monthly-outreach applies to tax collection due-process vehicle manufacturer’s decision.9 The recommendations in the CCRs. See id. at hearings because the hearings involve a CCRs do not state that vehicle 3–4. ‘‘category of individuals’’ asked to manufacturers must engage in, e.g., NHTSA is not persuaded that it submit a form). canvassing when the remaining recalled should deviate from its approach. The In sum, NHTSA is conducting an vehicle population reaches a certain plain meaning of the statute specifically ongoing administrative action and threshold. NHTSA and the Independent exempts collections of information investigation into particular parties— Monitor have simply identified for ‘‘during the conduct of . . . an both Takata and the specifically vehicle manufacturers potential ways to administrative action, investigation, or enumerated affected vehicle achieve high completion rates for audit involving an agency against manufacturers—as governed by the certain vehicle populations. specific individuals or entities.’’ 44 Takata Coordinated Remedy Program. NHTSA recognizes that as vehicles U.S.C. 3518(c)(1)(B)(ii) (emphasis are repaired, the harder-to-reach owners added); 5 CFR 1320.4(a)(2), 1320.3(c). 7 The ‘‘original affected manufacturers’’ were: comprise a larger portion of the BMW of North America, LLC; FCA US, LLC; remaining unrepaired population, and NHTSA’s investigation is clearly Daimler Trucks North America, LLC; Daimler Vans directed at ‘‘specific individuals or USA, LLC; Ford Motor Company; General Motors, that as manufacturers adopt more entities’’—both Takata and the 19 LLC; American Honda Motor Company; Mazda intensive outreach methods, outreach specifically named vehicle North American Operations; Mitsubishi Motors may prove more expensive. NHTSA also North America, Inc.; Nissan North America, Inc.; notes, however, that while certain forms manufacturers that installed defective Subaru of America, Inc.; and Toyota Motor Takata inflators. See Opening Resume Engineering and Manufacturing. of non-traditional outreach may be more for EA15–001.6 Indeed, the Coordinated 8 These newly affected manufacturers were: expensive than others (such as Remedy Order did not originally Ferrari North America, Inc.; Jaguar Land Rover North America, LLC; McLaren Automotive, Ltd.; 9 If a vehicle manufacturer does not wish to contain numerous vehicle Mercedes-Benz US, LLC; Tesla Motors, Inc.; follow the Monitor’s recommendations, the ACRO Volkswagen Group of America, Inc.; and, based on permits the manufacturer to propose an alternative 6 https://static.nhtsa.gov/odi/inv/2015/INOA- a Memorandum of Understanding with the Agency, communication strategy to NHTSA and the EA15001-4970.PDF. Karma Automotive (as to certain Fisker vehicles). Monitor. ACRO ¶ 42.
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canvassing), such outreach may not be were already underway before the reasons described above, any such occurring on a monthly basis, nor for all Coordinated Remedy Order.14 As noted ‘‘collection of information’’ is subject to affected VINs. Balancing these in the Monitor’s report, those campaigns the PRA’s investigatory exception. considerations, NHTSA is revising its ‘‘achieved in just two quarters what Additionally, it should be noted that estimate of the cost of monthly outreach previously took more than five.’’ 15 The such research was not a prerequisite to upward to $10/VIN per month, and Monitor’s recent Update on the State of the implementation of the monthly- welcomes further comment on the the Takata Airbag Recalls further outreach provisions in the CCRs. As particular combination of outreach discusses the efficacy of outreach, NHTSA previously observed in its methods in which manufacturers are including an observation that most 2017 notices, various other sources served as engaging on a monthly basis and focus-group participants indicated that the bases for this recommendation.20 associated costs therewith. In addition, contact for a reminder regarding a As to discounting our cost estimates although The Alliance does not serious, urgent safety risk should occur based on vehicle manufacturers’ specifically comment on the burden at least weekly, with almost two-thirds settlement agreements in multi-district hours associated with non-traditional of survey respondents indicating several litigation proceedings, The Alliance’s outreach,10 NHTSA recognizes that as notifications each month would be position is essentially that the ACRO the recalls progress and there is more appropriate.16 predates the MDL settlement, and that frequent implementation of more- Maintaining such momentum— ‘‘[t]he settling companies would have intensive outreach methods, the through mechanisms such as monthly set aside more than $1Billion to comply associated burden hours may also outreach—is vital to the success of the with [the] ACRO, even if there had been increase. Accordingly, NHTSA is also recalls. And this is a goal in which no MDL settlement.’’ 21 Comments (Aug. revising its estimate of the monthly Congress continues to take significant 12, 2019) at 5. The Agency disagrees burden upward from 2 hours to 10 interest, including at a hearing on the that this dictates a change in its hours to prepare and administer non- issue on March 20, 2018. The Takata approach. While the ACRO predates the traditional outreach. NHTSA welcomes Monitor testified at that hearing: MDL settlements, the agency must, on any additional insights from The ‘‘Vehicle manufacturers using frequent, an ongoing basis, consider all attendant Alliance regarding the specifics of its multi-channel outreach have seen circumstances and be forward-looking members’ outreach costs and burdens. completion percentages nearly twice as in estimating the costs associated with As to the effectiveness and ‘‘practical high as rates for vehicle manufacturers its initiatives—consistent with the utility’’ of outreach under the CCRs, this using traditional letter outreach, when forward-looking purpose of its statute: is in part reflected in the 2017 State of targeting similarly situated vehicles over ‘‘to reduce traffic accidents and deaths the Takata Airbag Recalls report from the same period of time.’’ 17 Two vehicle and injuries resulting from traffic the Independent Monitor.11 Notably, manufacturers likewise testified about accidents.’’ 49. U.S.C. 30101; see id. completion percentages for recalls of the their use of innovative outreach 30118(c)(1) (notification of vehicle oldest vehicles under the Takata strategies to reach consumers and owners of a defect); id. 30119 Coordinated Remedy Program avoided a convince them to come in for a free (notification procedures); id. 30120(d) ‘‘leveling off’’ in completion percentage repair.18 (manufacturer’s remedy program). typically observed for recall campaigns As to accounting for Monitor- At present, settling vehicle involving vehicles 10 years or older, and conducted surveys and other activities, manufacturers have already chosen to this can be attributed to, at least in part, as a general matter, monitors are ‘‘an enter into these settlement agreements, the ACRO and associated CCRs.12 independent third-party, not an and looking forward, these vehicle Another example is the completion employee or agent of the corporation or manufacturers must comply with its 19 percentages for Priority Group 4 of the Government.’’ Moreover, for the terms—including provisions for vehicles which, for the first two enhanced outreach efforts. It is quarters, were triple that of the 14 Again, recall campaigns for Priority Group 4 appropriate that NHTSA’s burden completion percentages for recall vehicles were scheduled to launch March 31, 2017—after the ACRO and CCRs were issued. Most estimate discounts for enhanced campaigns launched prior to recall campaigns launched at that time. Note that outreach that will occur regardless of Coordinated Remedy Order in their first Priority Group 4 data for quarters 3 through 6 the ACRO. In fact, the Agency’s view is two quarters.13 And a further example consist of data from one vehicle manufacturer, which launched its Priority Group 5 campaign early that outreach conducted under the can be seen in completion percentages (and therefore, at the time of the report, had six settlements appear to satisfy the in the first six quarters for Priority quarters of data). minimum recommendations of the Group 4 vehicles, which were twice as 15 See id. at 69, fig.40. ACRO and CCRs. The Alliance’s high compared to completion 16 Update on the State of the Takata Airbag comments that costs associated with the percentages in the first six quarters for Recalls (2018) at 14, fig.9, available at http:// www.nhtsa.gov/sites/nhtsa.dot.gov/files/ ACRO were considered when executing vehicles with recall campaigns that documents/update_on_the_state_of_the_takata_ the settlement agreements, or that airbag_recalls.v2.pdf. The Agency and the manufacturers would have set aside 10 In its August 12, 2019 comments, The Alliance Independent Monitor have been and remain open notes the burden associated with monthly outreach to sharing information about the efficacy of certain those funds to comply with the ACRO ‘‘[v]aries widely among manufacturers, but includes methods of outreach to better guide vehicle in the absence of a settlement, do not multi-OEM canvassing activities that are very labor manufacturers in executing their recall campaigns. affect this. But for NHTSA’s ACRO, as intensive.’’ Id. at 4. 17 Written Testimony of John D. Buretta, NHTSA is presently submitting its 11 This report is available at https:// Independent Monitor, https:// www.nhtsa.gov/recall-spotlight/state-takata-recalls. www.commerce.senate.gov/public/index.cfm/ information-collection renewal, settling 12 See State of the Takata Airbag Recalls at 66, hearings?ID=EAE03543-B332-480F-8390- fig.37. B301E8F79CBB. 20 See 82 FR 45941, 45945 & ns.5-–6 (Oct. 2, 13 See id. at 68, fig.39. Recall campaigns for 18 Written testimony of Rick Schostek, Honda 2017); 82 FR 60789, 60794 & n.6 (Dec. 22, 2017). Priority Group 4 vehicles were scheduled to launch North America; Written Testimony of Desi 21 Those manufacturers are Toyota; Subaru; March 31, 2017—after the ACRO and CCRs were Ujkashevic, Ford Motor Company, https:// Nissan; BMW; Mazda; Honda; and Ford. See issued. Most recall campaigns launched at that www.commerce.senate.gov/public/index.cfm/ generally In re: Takata Airbag Products Liab. Litig., time. As noted in the Independent Monitor’s report, hearings?ID=EAE03543-B332-480F-8390- 14–cv–24009, MDL No. 2599 (S.D. Fla.). Our 60-day before the issuance of the ACRO and the CCRs, B301E8F79CBB. notice only accounted for six vehicle manufacturers recall campaigns ‘‘used mainly infrequent, letter- 19 https://www.justice.gov/usam/criminal- that have entered into settlement agreements—there only communication.’’ See id. at 67. resource-manual-163-selection-and-use-monitors. are seven.
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MDL vehicle manufacturers would still compiling and submitting the required burden of supplemental recall conduct outreach that would satisfy the information under 49 CFR parts 573 and communications is estimated to be ACRO’s requirements—and therefore 577 to be $33.98 per hour using the $72,472.47. the monthly outreach under the ACRO Bureau of Labor’s mean hourly wage Therefore, in total, we estimate the is not a marginal ‘‘burden’’ for those estimate for technical writers in the burden associated with this collection to vehicle manufacturers for which the motor vehicle manufacturing industry be 67,444 hours each year, with a Agency must account in this collection. (Standard Occupational Classification # recurring annual cost estimated at To account for the progression of the 27–3042).22 NHTSA thus estimates that $569,456,715.47. recalls since its last notice, NHTSA is it will cost vehicle manufacturers Estimated Number of Respondents— revising its previous estimates $2,242,815.92 in wage costs to comply NHTSA estimates that there will be associated with this part of the with the Part 573 and 577 requirements. approximately 249 manufacturers per collection. NHTSA continues to The Bureau of Labor Statistics estimates year filing defect or noncompliance estimate a yearly average of 19 that for private industry workers, wages reports and completing the other manufacturers will be issuing monthly represent 70.1% of total information collection responsibilities supplemental communications over the compensation.23 Therefore, the total associated with those filings. NHTSA next three years pursuant to the ACRO labor cost associated with the hourly estimates there will be an average of 19 and the CCRs. Manufacturers may burden is estimated to be $3,199,453. manufacturers each year conducting satisfy the CCRs through third-party Accordingly, manufacturers impacted supplemental nontraditional monthly vendors (which have been utilized by by 49 CFR part 573 and 49 CFR part 577 outreach pursuant to administrative many manufacturers), in-house requirements will incur a recurring order in an enforcement action strategies, or some combination thereof. annual cost estimated at $92,334,913 associated with the Takata recalls. NHTSA estimates the cost for total. supplemental communications at $10.00 The burden estimate in this collection Jeffrey Giuseppe, per VIN per month. contemplated for conducting Associate Administrator for Enforcement. The volume of outreach required by supplemental recall communications [FR Doc. 2019–18820 Filed 8–29–19; 8:45 am]18820 the ACRO and the CCRs (and the costs under administrative order to achieve BILLING CODE 4910–59–P associated with that outreach) is a completion of the Takata recalls is 1440 function of the number of unrepaired hours each year. That administrative vehicles that are in a launched order contemplates impacted DEPARTMENT OF THE TREASURY campaign and are not otherwise manufacturers incurring an annual cost accounted for as scrapped, stolen, estimated at $477,049,330. NHTSA also Internal Revenue Service exported, or otherwise unreachable. The estimates the labor cost for compiling schedule in Paragraph 35 of the ACRO and submitting the required information Proposed Allowance of Information delineates the expected remedy to be $35.28 per hour using the Bureau Collection Request Submitted for completion rate, by quarter, of vehicles of Labor’s mean hourly wage estimate Public Comment; Transitional in a launched remedy campaign. for Media and Communications Workers Guidance Under Sections 162(f) and Utilizing these variables, we now in the motor vehicle manufacturing 6050X With Respect to Certain Fines, estimate an initial annualized cost over industry (Standard Occupational Penalties, and Other Amounts the next three years of $1,018,882,470 Classification #27–3000).24 Assuming per year, with an annualized discount of AGENCY: Internal Revenue Service (IRS), that 1440 hours per year would be Treasury. $541,833,140 to account for outreach associated with issuing supplemental conducted pursuant to the MDL ACTION: Notice and request for recall communications, at an average comments. settlement agreements by seven vehicle cost of $35.28 per hour, NHTSA manufacturers, for a net annualized cost estimates vehicle manufacturers will SUMMARY: The Internal Revenue Service, of $477,049,330. NHTSA estimates that incur $50,803.20 (1440 hours × $35.28) as part of its continuing effort to reduce manufacturers will take an average of 10 annually in wage costs. The Bureau of paperwork and respondent burden, hours each month drafting or Labor Statistics estimates that for invites the public and other Federal customizing supplemental recall private industry workers, wages agencies to take this opportunity to communications utilizing non- represent 70.1% of total traditional means, submitting them to comment on proposed and/or compensation.25 Therefore, the total NHTSA for review, and finalizing them continuing information collections, as labor cost associated with the hourly to send to affected owners and required by the Paperwork Reduction purchasers. NHTSA therefore estimates Act of 1995. Currently, the IRS is 22 National Industry-Specific Occupational that 2280 burden hours annually are soliciting comments concerning Employment and Wage Estimates NAICS 336100— transitional guidance under sections associated with issuing these Motor Vehicle Manufacturing, May 2018, https:// supplemental recall communications, www.bls.gov/oes/current/naics4_336100.htm#47- 162(f) and 6050X with respect to certain with an annualized discount of 840 0000, last accessed August 26, 2019; US Office of fines, penalties, and other amounts. Management and Budget. Standard Occupation DATES: Written comments should be hours to account for outreach conducted Classification Manual, 2018. pursuant to the MDL settlement 23 Employer Costs for Employee Compensation– received on or before October 29, 2019 agreements by seven vehicle March 2019, https://www.bls.gov/news.release/pdf/ to be assured of consideration. manufacturers, for a net annualized ecec.pdf, last accessed August 26, 2019. ADDRESSES: Direct all written comments 24 burden of 1440 hours. National Industry-Specific Occupational to Laurie Brimmer, Internal Revenue Employment and Wage Estimates NAICS 336100— Because of the forgoing burden Motor Vehicle Manufacturing, May 2018, https:// Service, Room 6129, 1111 Constitution estimates, we are revising the burden www.bls.gov/oes/current/naics4_336100.htm#47- Avenue NW, Washington, DC 20224. estimate associated with this collection. 0000, last accessed August 26, 2019; US Office of Requests for additional information or The 49 CFR part 573 and 49 CFR part Management and Budget. Standard Occupation copies of the regulations should be Classification Manual, 2018. 577 requirements found in today’s 25 Employer Costs for Employee Compensation- directed to R. Joseph Durbala, at Internal notice will require 66,004 hours each March 2019, https://www.bls.gov/news.release/pdf/ Revenue Service, Room 6129, 1111 year. NHTSA estimates the labor cost for ecec.pdf, last accessed August 26, 2019. Constitution Avenue NW, Washington,
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DC 20224, or through the internet, at confidential, as required by 26 U.S.C. Interested members of the public may [email protected]. 6103. either attend the meeting in person or SUPPLEMENTARY INFORMATION: Desired Focus of Comments: The dial in to listen to the meeting at (866) Title: Transitional Guidance Under Internal Revenue Service (IRS) is 564–9287/Access Code: 62956028. Sections 162(f) and 6050X with Respect particularly interested in comments Interested persons should call the To Certain Fines, Penalties, and Other that: CCAC HOTLINE at (202) 354–7502 for • Amounts. Evaluate whether the proposed the latest update on meeting time and OMB Number: 1545–2284. collection of information is necessary room location. Regulation Project Number: Notice for the proper performance of the functions of the agency, including Any member of the public interested 2018–23, Form 1098–F. in submitting matters for the CCAC’s Abstract: The collection covers the whether the information will have practical utility; consideration is invited to submit them new information reporting requirements by email to [email protected]. under IRC 162(f) and new 6050X, which • Evaluate the accuracy of the was added by the Tax Cuts and Jobs Act agency’s estimate of the burden of the The CCAC advises the Secretary of the (TCJA). proposed collection of information, Treasury on any theme or design Section 13306 of ‘‘An Act to provide including the validity of the proposals relating to circulating coinage, for reconciliation pursuant to titles II methodology and assumptions used; bullion coinage, Congressional Gold and V of the concurrent resolution on • Enhance the quality, utility, and Medals, and national and other medals; the budget for fiscal year 2018,’’ Public clarity of the information to be advises the Secretary of the Treasury Law 115–97 (the ‘‘Act’’), which was collected; and with regard to the events, persons, or signed into law on December 22, 2017, • Minimize the burden of the places to be commemorated by the amended section 162(f) of the Internal collection of information on those who issuance of commemorative coins in Revenue Code (‘‘Code’’) and added new are to respond, including using each of the five calendar years section 6050X to the Code. The appropriate automated, electronic, succeeding the year in which a Department of the Treasury (‘‘Treasury mechanical, or other technological commemorative coin designation is Department’’) and the Internal Revenue collection techniques or other forms of made; and makes recommendations Service (‘‘IRS’’) intend to publish information technology, e.g., by with respect to the mintage level for any proposed regulations under sections permitting electronic submissions of commemorative coin recommended. 162(f) and 6050X. responses. Members of the public interested in Current Actions: The Treasury Comments submitted in response to this attending the meeting in person will be Department and the IRS intend to issue notice will be summarized and/or admitted into the meeting room on a proposed regulations amending and included in the ICR for OMB approval first-come, first-serve basis as space is adding sections to the Income Tax of the extension of the information limited. Conference Room A&B can Regulations with respect to sections collection; they will also become a accommodate up to 50 members of the 162(f) and 6050X. To assist in the matter of public record. public at any one time. In addition, all development of the proposed Approved: August 27, 2019. persons entering a United States Mint regulations, the IRS is requesting facility must adhere to building security R. Joseph Durbala, comments from the public and affected protocol. This means they must consent governments and nongovernmental IRS, Tax Analyst. to the search of their persons and entities, on any and all issues related to [FR Doc. 2019–18826 Filed 8–29–19; 8:45 am] objects in their possession while on Form 1098–F. BILLING CODE 4830–01–P government grounds and when they This submission is being made to enter and leave the facility, and are extend the current approval as required prohibited from bringing into the in the Paperwork Reduction Act. DEPARTMENT OF THE TREASURY facility weapons of any type, illegal Type of Review: Extension of United States Mint drugs, drug paraphernalia, or currently approved collection. contraband. Affected Public: Federal government, Notification of Citizens Coinage The United States Mint Police Officer State, Local, or Tribal Government. Advisory Committee Public Meeting conducting the screening will evaluate Estimated Number of Respondents: whether an item may enter into or exit 200. ACTION: Notice. from a facility based upon Federal law, Estimated Time per Respondent: 7 Treasury policy, United States Mint The United States Mint announces the min. Policy, and local operating procedure; Citizens Coinage Advisory Committee Estimated Total Annual Burden and all prohibited and unauthorized (CCAC) public meeting scheduled for Hours: 24. items will be subject to confiscation and September 18, 2019. The following paragraph applies to all disposal. the collections of information covered Date: September 18, 2019. by this notice: Time: 9:30 a.m. to 3:45 p.m. FOR FURTHER INFORMATION CONTACT: An agency may not conduct or Location: 2nd Floor Conference Room Jennifer Warren, United States Mint sponsor, and a person is not required to A&B, United States Mint, 801 9th Street Liaison to the CCAC; 801 9th Street NW; respond to, a collection of information NW, Washington, DC 20220. Washington, DC 20220; or call 202–354– unless the collection of information Subject: Review and discussion of 7200. displays a valid OMB control number. candidate designs for the 2020 Authority: 31 U.S.C. 5135(b)(8)(C). Books or records relating to a American Innovation $1 Coin Program; collection of information must be and review and discussion of candidate Dated: August 27, 2019. retained if their contents may become designs for Congressional Gold Medals John Schorn, material in the administration of any honoring Larry Doby, the USS Chief Counsel, United States Mint. internal revenue law. Generally, tax Indianapolis, and the Chinese-American [FR Doc. 2019–18796 Filed 8–29–19; 8:45 am] returns and tax return information are Veterans of WWII. BILLING CODE P
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Part II
Department of Housing and Urban Development
Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees; Notice
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DEPARTMENT OF HOUSING AND A. Mitigation Definition Medical, Hazardous Material URBAN DEVELOPMENT B. Action Plan, Substantial Amendments, (management) and Energy (Power & and Covered Projects Fuel); and future disaster costs (e.g., [Docket No. FR–6109–N–02] C. Most Impacted and Distressed Areas adoption of forward-looking land use III. Allocations RIN 2506–ZA02 IV. Overview of Grant Process plans that integrate the hazard V. Applicable Rules, Statutes, Waivers, and mitigation plan, latest edition of the Allocations, Common Application, Alternative Requirements published disaster-resistant building Waivers, and Alternative Requirements A. Grant Administration and Action Plan codes and standards (to include for Community Development Block Requirements wildland urban interface, flood and all Grant Mitigation Grantees B. Housing and Related Floodplain Issues hazards, ASCE–24, and ASCE–7 C. Infrastructure AGENCY: Office of the Assistant respectively), vertical flood elevation D. Economic Development protection, and policies that encourage Secretary for Community Planning and VI. Certifications and Collection of Development, HUD. Information hazard insurance for private and public facilities); and ACTION: Notice. VII. Duration of Funding VIII. Catalog of Federal Domestic Assistance • Maximize the impact of available SUMMARY: This notice allocates $6.875 IX. Finding of No Significant Impact funds by encouraging leverage, private- public partnerships, and coordination billion in Community Development I. Overview and Policy Objectives Block Grant Mitigation (CDBG–MIT) with other Federal programs. funds to grantees recovering from The Further Additional Supplemental The guiding structure and objectives qualifying 2015, 2016, and 2017 Appropriations for Disaster Relief established for CDBG–MIT funds bear disasters. Funds allocated by this notice Requirements Act, 2018 (Division B, similarities to other federal programs were made available by the Further Subdivision 1 of the Bipartisan Budget that address hazard mitigation, Additional Supplemental Act of 2018, Pub. L. 115–123, approved particularly FEMA’s Hazard Mitigation Appropriations for Disaster Relief February 9, 2018) (the ‘‘Appropriations Grant Program (HMGP). Accordingly, Requirements Act, 2018 (approved Act’’), made available $28 billion in HUD has structured this notice and its February 9, 2018) (the ‘‘Appropriations Community Development Block Grant requirements to complement HMGP policies and processes where possible. Act’’). This notice describes grant disaster recovery (CDBG–DR) funds, and For example, both CDBG–MIT funds requirements and procedures, including directed HUD to allocate not less than and FEMA HMGP funds require waivers and alternative requirements, $12 billion for mitigation activities grantees to conduct a multi-hazard risk applicable to CDBG–MIT funds only. proportional to the amounts that CDBG– assessment to inform projects and The Department acknowledges the DR grantees received for qualifying programs. Additionally, grantee use of governance and financial management disasters in 2015, 2016, and 2017. This CDBG–MIT funds will be focused on challenges of the Commonwealth of notice accordingly allocates effectively addressing risks to Puerto Rico and the on-going capacity $6,875,044,000 in CDBG–MIT funds for indispensable services that enable the considerations in the U.S. Virgin mitigation activities consistent with the continuous operation of critical Islands. Accordingly, the allocation of Appropriations Act. CDBG–MIT funds represent a unique business and government functions, and funds to the Commonwealth of Puerto and significant opportunity for grantees that are critical to the protection of Rico and the U.S. Virgin Islands for to use this assistance in areas impacted human health and safety, or economic mitigation and electrical power system by recent disasters to carry out strategic security, as described in section improvements shall be governed by and high-impact activities to mitigate V.A.2.a.(1) of this notice. subsequent notices in order to provide disaster risks and reduce future losses. The Appropriations Act provides additional time to Puerto Rico and the While it is impossible to eliminate all CDBG–MIT funds as a supplemental U.S. Virgin Islands to work with the risks, CDBG–MIT funds will enable appropriation to the Community Department to address these issues. grantees to mitigate against disaster Development Block Grant (CDBG) DATES: Applicability Date: September 4, risks, while at the same time allowing program. Accordingly, the alignment of 2019. grantees the opportunity to transform CDBG–MIT funds with other federal FOR FURTHER INFORMATION CONTACT: State and local planning. mitigation programs must also occur Jessie Handforth Kome, Acting Director, Through this allocation for mitigation, within the basic CDBG framework. The Office of Block Grant Assistance, HUD seeks to: national objectives of the CDBG program Community Planning and Development, • Support data-informed investments are: (a) Providing benefit to low- and Department of Housing and Urban in high-impact projects that will reduce moderate-income persons; (b) Development, 451 7th Street SW, Room risks attributable to natural disasters, preventing or eliminating slum and 7282, Washington, DC 20410, telephone with particular focus on repetitive loss blighting conditions; or (c) addressing a number 202–708–3587. Persons with of property and critical infrastructure; severe and recently arising urgent hearing or speech impairments may • Build the capacity of States and community welfare or health need. access this number via TTY by calling local governments to comprehensively Unlike other forms of Federal disaster the Federal Relay Service at 800–877– analyze disaster risks and to update recovery assistance, CDBG–DR and 8339. Facsimile inquiries may be sent to hazard mitigation plans through the use CDBG–MIT grants have a statutory focus Ms. Kome at 202–708–0033. (Except for of data and meaningful community on benefiting vulnerable lower-income the ‘‘800’’ number, these telephone engagement; people and communities and targeting numbers are not toll-free). Email • Support the adoption of policies the most impacted and distressed areas. inquiries may be sent to disaster_ that reflect local and regional priorities The Appropriations Act requires that [email protected]. that will have long-lasting effects on prior to the obligation of CDBG–DR SUPPLEMENTARY INFORMATION: community risk reduction, to include funds by the Secretary, a grantee shall the risk reduction to community submit a plan to HUD for approval Table of Contents lifelines such as Safety and Security, detailing the proposed use of all funds I. Overview and Policy Objectives Communications, Food, Water, including the criteria for eligibility and II. Use of CDBG–MIT Funds Sheltering, Transportation, Health and how the use of these funds will address
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mitigation in the most impacted and foundation for continuous coordination proposed in its action plan. These distressed (MID) areas. The and data-driven outcomes, and conditions will be designed to provide Appropriations Act also provides HUD providing common goals for selecting additional assurances that mitigation with waiver authority that enabled HUD high impact projects across multiple programs are implemented in a manner to modify the basic CDBG requirements programs and funding sources. to prevent waste, fraud, and abuse and to support hazard mitigation when HUD recognizes that this first-time that mitigation projects are effectively needed. However, there are several appropriation of mitigation-only CDBG operated and maintained. statutory requirements under the basic funds may pose challenges to grantees While CDBG–DR and CDBG–MIT CDBG framework (e.g., requirements in aligning their mitigation strategies funding are valuable resources for long- related to labor standards, and activities with their obligation to term recovery and mitigation in the nondiscrimination, the environment use most of their CDBG–MIT funds to wake of major disasters, HUD and fair housing) which HUD is not benefit low- and moderate-income concurrently expects that grantees will authorized to waive. Because this persons and to use the funds in the MID take steps to set in place substantial framework will largely remain intact areas resulting from a disaster. governmental policies and throughout this notice and to ensure Accordingly, this notice provides infrastructure to enhance the impact of compliance with all applicable program grantees with flexibility on the HUD-funded investments. In some requirements, HUD strongly encourages percentages related to a CDBG–MIT instances, this goal may be achieved grantees to designate the agency that grant’s overall benefit requirement and through the development and administers its CDBG–DR funds to also MID expenditure requirement. As with application of more stringent building administer this CDBG–MIT grant. CDBG–DR, HUD encourages CDBG–MIT and zoning codes which will help to grantees to consider a wide range of limit damage from future severe weather The notice also balances the goals of community development objectives events. It should be noted that these aligning mitigation policies across related to recovery and economic actions are eligible costs under CDBG– federally-funded programs, maximizing resilience. This notice provides a waiver DR or CDBG–MIT funding. efficiencies, and preserving critical and establishes an alternative Consistent with prior CDBG–DR aspects of the CDBG structure. As requirement to include new urgent need notices, HUD restates that disaster discussed in section V.A. of this notice, national objective criteria that are recovery is a partnership between Grant Administration and Action Plan applicable to CDBG–MIT funds only, as Federal, state, and local government and Requirements, grantees are encouraged described in section V.A.13. of this CDBG–MIT grantees should invest in to use CDBG–MIT planning funds to notice. This urgent need mitigation their own recovery. To sustain CDBG– update the FEMA-approved Hazard (UNM) national objective requires MIT physical investments in the future, Mitigation Plans (HMP) and are required activities funded with the CDBG–MIT it is imperative that grantees collect and to reference the applicable FEMA HMP grant to result in measurable and apply sufficient revenues for operation in their action plan and describe how verifiable reductions in the risk of loss and maintenance costs in the outyears. the HMP has informed the CDBG–MIT of life and property from future disasters HUD expects grantees to contribute to action plan. Grantees may also use these and yield community development their recovery through the use of reserve funds for planning activities, including benefits. The waiver and alternative or ‘‘rainy day’’ funds, borrowing but not limited to regional mitigation requirement in section V.A.13. also authority, or retargeting of existing planning, the integration of mitigation explains that grantees shall not rely on resources. The ultimate value of this plans with other planning initiatives, the national objective criteria for mitigation funding appropriation is not activities related to FEMA’s Pre-Disaster elimination of slum and blighting limited to the projects and activities Mitigation (PDM, to be renamed conditions without approval from HUD, implemented with the funds but will Building Resilient and Infrastructure because this national objective generally also encompass how state and local Communities (BRIC) as part of is not appropriate in the context of partners are motivated to improve many implementation of section 1234 of the mitigation activities. of their governmental functions to better Disaster Recovery Reform Act of 2018, CDBG–MIT funds are to be used for position jurisdictions to be resilient in which amended section 203 of the distinctly different purposes than the face of future disasters. HUD will Stafford Act (42 U.S.C. 5133)) and Flood CDBG–DR funds. The amount of examine how grantees plan to achieve Mitigation Assistance (FMA), funding provided through this CDBG– this broader benefit and will promote modernizing building codes and MIT allocation and the nature of the best practices to future CDBG–DR regional land-use plans, and upgrading programs and projects that are likely to grantees. mapping, data, and other capabilities to be funded requires that CDBG–MIT It is the policy of the Administration better understand evolving disaster grantees and their subrecipients that this first implementation of CDBG– risks. For example, in wildland fire risk strengthen their program management MIT funding be implemented in a areas, grantees may use these funds to capacity, financial management, and manner that mandates careful planning, develop a Community Wildfire internal controls. Each grantee is adequate oversight, and increased Protection Plan (CWPP). Additionally, required to strengthen its internal audit reporting of anticipated and actual State grantees are encouraged to use function, specify the criteria for outcomes of the uses of the mitigation CDBG–MIT planning funds to meet the subrecipient selection, increase funds, to inform future Federal disaster additional requirements for an subrecipient monitoring, and establish a mitigation efforts, to encourage private enhanced HMP and for eligible CDBG– process for promptly identifying and sector funding of mitigation projects, MIT activities that increase a grantee’s addressing conflicts under the grantee’s and to maximize the benefits of CDBG– capacity to participate in FEMA’s conflict of interest policy. The MIT funding. HMGP Program Administration by Department also intends to establish The Administration cannot emphasize States (PAS) initiative. This use of special grant conditions for individual strongly enough the need for grantees to CDBG–MIT funds, in combination with CDBG–MIT grants based upon the risks fully and carefully evaluate the projects FEMA HMGP assistance, will have long- posed by the grantee, including risks that will be assisted with CDBG–MIT term benefits by supporting high-quality related to the grantee’s capacity to carry funds. One of the goals of CDBG–MIT is mitigation planning, building a out the specific programs and projects to set a nationwide standard that will
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help guide not just future Federal be proposed by grantees, but these future disaster risks and provides a investments in mitigation and resilience activity-based waivers and alternative substantive basis for the activities activities—to include the mitigation of requirements are intended to provide proposed. To complete this assessment, community lifelines, but state and local grantees with continued flexibility in grantees must consult with other investments as well. The level of CDBG– the design and implementation of jurisdictions, the private sector and MIT funding available to most grantees comprehensive mitigation programs and other government agencies, including cannot address the entire spectrum of projects. State and local emergency management known mitigation and resilience needs. For purposes of this notice, HUD is agencies that have primary Accordingly, HUD expects that grantees using the terms CDBG–MIT programs responsibility for the administration of will rigorously evaluate proposed and projects to refer to the means by FEMA mitigation funds, including the projects and activities and view them which grantees implement CDBG State Hazard Mitigation Officer (SHMO), through several lenses before arriving at eligible activities. This notice also for HMGP alignment. Grantees must funding decisions, including ensuring references the general categories of also use the most recent risk assessment that already committed public or private infrastructure and public facilities, completed or currently being updated resources are not supplanted by CDBG– housing, planning and administration, through the FEMA HMP process to MIT funds. public services, and economic inform the use of CDBG–MIT funds. One such lens could be a thorough development that grantees often use to Therefore, the grantee must use the risks consideration of projects and activities group activities in an action plan, in the identified in the FEMA approved HMP encompassed within the applicable DRGR action plan, and in quarterly as the starting point for its Mitigation FEMA HMP and a judgment of whether performance reports. Needs Assessment unless the those projects/activities represent jurisdiction is in the process of updating targeted strategic investments for the II. Use of CDBG–MIT Funds the HMP. If a jurisdiction is currently grantee based on current or foreseeable II. A. Mitigation Definition updating an expired HMP, the grantee risks. This judgment would stand in administering the CDBG–MIT funds contrast to the funding of projects/ For the purposes of this notice, must consult with the agency activities identified in such plans mitigation activities are defined as those administering the HMP update to where, for example, there has been no activities that increase resilience to identify the risks that will be included recent review of the risk reduction value disasters and reduce or eliminate the in the Mitigation Needs Assessment. of the investment or the project/activity long-term risk of loss of life, injury, The action plan must describe proposed has been carried in the plan for years damage to and loss of property, and allocations of CDBG–MIT funds that but has limited risk reduction value. suffering and hardship, by lessening the meet all of the requirements listed above A second lens could be a impact of future disasters. in this section. consideration of the status of necessary II. B. Action Plan, Substantial To maximize the impact of all planning and permitting efforts. To Amendments, and Amendments for available funds, grantees must ensure that CDBG–MIT investments Covered Projects coordinate and align these CDBG–MIT have the highest possible impact on funds with other mitigation projects long-term mitigation and resilience Before the Secretary obligates CDBG– funded by FEMA, the U.S. Army Corps needs, each grantee should conduct a MIT funds to a grantee, the of Engineers (USACE), the U.S. Forest careful status review of planning and Appropriations Act requires the grantee Service, and other agencies as permitting actions for proposed to submit a plan to HUD for approval appropriate. For example, in wildland projects/activities and identify those detailing the proposed use of all funds. fire prone areas, this would include that can move forward quickly. All or a portion of an action plan or federal and state forestry and fire Concurrently, this exercise can help to substantial amendment will be agencies that carry out activities related identify Federal regulatory relief that is substantially incomplete if the plan to fire risk reduction. critical to helping clear the path for does not include the elements required Grantees must describe in their action these projects/activities. In this vein, the by this notice. A grantee’s use of CDBG– plan how they have coordinated and Administration expects that grantees MIT funds must be consistent with its will continue to coordinate with other will conduct a review of and make action plan. partners who manage FEMA and necessary changes and exceptions to All CDBG–MIT activities must: (1) USACE funds and describe the actions their own permitting and related Meet the definition of mitigation that they have taken to align their processes to expedite funded projects/ activities above; (2) address the current planned CDBG–MIT activities with activities. In undertaking this analysis, and future risks as identified in the other federal, state, and local mitigation grantees should not succumb to the urge grantee’s Mitigation Needs Assessment projects and planning processes. to select projects/activities solely of most impacted and distressed areas To allow for a more detailed review because they are the most advanced in (described below); (3) be CDBG-eligible of larger projects, this notice requires the planning and permitting process but activities under title I of the Housing that infrastructure projects that also should focus on high impact and Community Development Act of meet the definition of a Covered Project investments and a thorough 1974 (HCDA) or otherwise eligible be included in an action plan or a understanding of what will be necessary pursuant to a waiver or alternative substantial action plan amendment. For to move those investments forward requirement; and (4) meet a national purposes of this notice, a Covered rapidly. objective, including additional criteria Project is defined as an infrastructure The notice includes several waivers for mitigation activities and Covered project having a total project cost of and alternative requirements typically Projects. The action plan must describe $100 million or more, with at least $50 established in CDBG–DR Federal how funded activities satisfy these million of CDBG funds (regardless of Register notices but modified as requirements. source (CDBG–DR, CDBG-National necessary to reflect the distinct purpose As mentioned above, the action plan Disaster Resilience (NDR), CDBG–MIT, of CDBG–MIT funds. The Department must include a risk-based Mitigation or CDBG)). For grantees that are cannot anticipate every type of Needs Assessment that identifies and considered by HUD to have mitigation project or program that will analyzes all significant current and ‘‘unmitigated high risks’’ that impact
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their ability to implement large scale HUD in the following Federal Register grantee seeking to amend its HUD- projects, HUD may impose special grant notices for the grantee’s 2015, 2016, or identified MID area for purposes of its conditions, including but not limited to 2017 CDBG–DR grants (collectively, the CDBG–MIT grant, must also amend the a lower dollar threshold for the ‘‘Prior Notices’’): HUD-identified MID area for its definition of a Covered Project. • 2015 Disasters: 81 FR 39687; 82 FR corresponding 2015, 2016, or 2017 As described in section V.A.2.h. 36812; CDBG–DR grant. Grantees proposing to below, when a grantee proposes a • 2016 Disasters: 81 FR 83254; 82 FR add to the HUD-identified MID area for Covered Project, the action plan or 5591; 82 FR 36812; and their existing CDBG–DR grant shall do substantial amendment must include a • 2017 Disasters: 82 FR 61320; 83 FR so through a substantial amendment description of the project and the 5844; 83 FR 40314. that includes a consideration of unmet information required for other CDBG– The amount of CDBG–MIT funding housing recovery needs. The grantee MIT activities (how it meets the grantees must expend to mitigate risks must also undertake a substantial definition of a mitigation activity, within the HUD-identified MID areas is amendment to its CDBG–MIT action consistency with the Mitigation Needs listed in Table 1. In some instances, plan so that the HUD-identified MID Assessment provided in the grantee’s HUD previously identified the entire areas are the same across both grants. action plan, eligibility under section jurisdiction of a grantee as the MID area. The grantee may submit the substantial 105(a) of the HCDA or a waiver or For all other CDBG–MIT grantees, HUD amendments for both grants alternative requirement, and national is requiring that at least 50 percent of all simultaneously. objective, including additional criteria CDBG–MIT funds must be used for Grantees may determine where to use for mitigation activities). Additionally, mitigation activities that address the remaining 50 percent of the CDBG– the action plan must describe how the identified risks within the HUD- MIT grant (the grantee-identified MID Covered Project meets additional identified MID areas. HUD will include areas), but that portion of the grant must criteria for national objectives for 50 percent of a grantee’s expenditures be used for mitigation activities that Covered Projects (described in V.A.13. for grant administration in its address identified risks within those below) including: Consistency with determination that 50 percent of the areas that the grantee determines are other mitigation activities in the same total award has been expended in the most impacted and distressed resulting MID area; demonstrated long-term HUD identified MID areas. Additionally, from the major disasters identified by efficacy and sustainability of the project expenditures for planning activities may the disaster numbers listed in Table 1. including its operations and be counted towards a grantee’s 50 The grantee-identified MID areas must maintenance; and a demonstration that percent MID expenditure requirement, be determined through the use of the benefits of the Covered Project provided that the grantee describes in quantifiable and verifiable data. outweigh the costs (through the its action plan how those planning Grantee expenditures for eligible methods described in V.A.2.h.). activities benefit the HUD identified mitigation activities outside of the HUD- MID areas. identified or grantee-identified MID area II. C. Most Impacted and Distressed HUD may approve a grantee’s request may be counted toward the MID area Areas to add other areas to the HUD-identified expenditure requirements provided that The Appropriations Act made CDBG– MID areas based upon the grantee’s the grantee can demonstrate how the MIT funds available for eligible submission of a data-driven analysis expenditure of CDBG–MIT funds activities related to the mitigation of that illustrates the basis for designating outside of this area will measurably risks within the MID areas. This notice the additional area as most impacted mitigate risks identified within the lists the HUD-identified MID areas for and distressed as a result of the HUD-identified or grantee-identified each CDBG–DR grantee receiving an qualifying disaster. As the HUD- MID area (e.g., upstream water retention allocation of CDBG–MIT funds. The identified MID areas for CDBG–MIT projects to reduce downstream flooding HUD-identified MID areas for each funds are the same as those identified in the HUD-identified MID area). CDBG–MIT grant are those identified by for each grantee in the Prior Notices, a BILLING CODE 4210–67–P
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III. Allocations: TABLE 1- ALLOCATIONS FOR MITIGATION ACTIVITIES
Minini:Jm amount that ll11Et be expended in dte HUD-identilied "most CDBG-MIT miD-identified "most Disaster No. State Grantee i.mpacted and distressed'' Allocation i.mpacted and areas distressed" areas fisted herein 4344;4353 California State ofCalifomia $88,219,000.00 $44,109,500.00 Sonoma and Ventura counties; 93108,94558,95422,95470, and 95901 Zip Codes. 4280; 4283; Florida State ofFlorida $633,485,000.00 $316,742,500.00 Brevard, Broward, Clay, 4337;4341 Collier, Duva~ Hillsborough, Lee, Miami Dade, Monroe, Orange, Osceola, Pahn Beach, Polk, St. Johns, St. Lucie, and Volusia counties; 32084, 32091,32136,32145,32771, 33440,33523,33825,33870, 32068, 33935, and 34266 Zip Codes. 4294; 4297; Georgia State of Georgia $26,961,000.00 $13,480,500.00 31520,31548, and 31705 Zip 4338 Codes. 4263; 4277; Louisiana State ofLouisiana $1,213,917,000.00 $606,958,500.00 East Baton Rouge, Livingston, 4272 Ascension, Tangipahoa, Ouachita, Lafuyette, V ennilion, Acadia, W asbington, and St. Tammany Parishes 4317 Missouri State ofMissouri $41,592,000.00 $20,796,000.00 63935,63965,64850,65616, and 65775 Zip Codes. 4285 North Carolina State ofNortb Carolina $168,067,000.00 $84,033,500.00 Bladen, Columbus, Cumberland, Edgecombe, Robeson, and Wayne Counties.
4241;4286 South Carolina State of South Carolina $157,590,000.00 $50,978,000.00 Charleston, Clarendon, Dorchester, Florence, Georgetown, Horry, Marion, Sumter, and Williamsburg Counties. 4241 Columbia $18,585,000.00 $18,585,000.00 Columbia. 4241 Lexington County (Urban County) $15,185,000.00 $15,185,000.00 Lexington County Urban County Jurisdictions. 4241 Richland County (Urban County) $21,864,000.00 $21,864,000.00 Richland County Urban County Jurisdictions. 4223; 4245; Texas State ofTexas $4,297,189,000.00 $2,105,646,500.00 Aransas, Brazoria, Chambers, 4266; 4269; Fayette, Fort Bend, Galveston, 4272;4332 Hardin, Harris, Hays, Hidalgo, Jasper, Jeffurson, Liberty, Montgomery, Newton, Nueces, Orange, Refugio, San Jacinto, San Patricio, Travis, Victoria, and Wharton counties; 75979, 77320, 77335, 77351,77414, 77423, 77482, 77493, 77979, 78934, 78945, 77612, 75956, 77632, and 78377 Zip Codes.
4223;4245 Houston $61,884,000.00 $61,884,000.00 Houston.
4223;4245 San Marcos $24,012,000.00 $24,012,000.00 San Marcos. 4273 West Virginia State ofWest Virginia $106,494,000.00 $53,247,000.00 Greenbrier, Clay, Kanawha and Nicholas Counties. Total*: $6,875,044,000.00 *The remammg $9,059,472,000 will be allocated at a later date.
BILLING CODE 4210–67–C In accordance with the CDBG–MIT funds is based on each Appropriations Act, HUD’s allocation of grantee’s proportional share of total
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CDBG–DR funds allocated for all according to criteria identified for cause exists, and the waiver or eligible disasters in 2015, 2016, and CDBG–MIT funds, and either approves alternative requirement is not 2017. or disapproves the plan. If the action inconsistent with the overall purpose of plan is not approved, HUD will notify title I of the HCDA. IV. Overview of Grant Process the grantee of the deficiencies. The The Appropriations Act authorizes The grant process outlined below grantee must then resubmit the action the Secretary to waive or specify aligns with the typical order employed plan within 45 days of the notification. alternative requirements for any for CDBG–DR grants. However, the • After the action plan is approved, provision of any statute or regulation Department recognizes the potentially HUD sends an action plan approval that the Secretary administers in broad range of mitigation activities that letter. connection with the obligation by the may be funded pursuant to this notice • Prior to transmittal of the grant Secretary, or use by the recipient, of and the critical importance of agreement, HUD notifies grantees of its these funds, except for requirements coordinating those investments across certification of the grantee’s financial related to fair housing, multiple jurisdictions. Accordingly, the controls, procurement processes and nondiscrimination, labor standards, and Department is providing extended time grant management procedures and its the environment. HUD also has frames and mechanisms for on-going acceptance of the implementation plan regulatory waiver authority under 24 citizen participation in the development and capacity assessment. CFR 5.110, 91.600, and 570.5. • and implementation of plans for HUD sends the grant agreement to Grantees may request additional mitigation activities funded pursuant to the grantee. • waivers and alternative requirements this notice. Grantee signs and returns the grant from the Department as needed to To begin expending CDBG–MIT agreement to HUD. address specific needs related to their • Grantee posts the final HUD- funds, the following steps are necessary: mitigation activities. Grantee requests • Grantee develops or amends its approved action plan on its official for waivers and alternative requirements citizen participation plan for disaster website. must be accompanied by relevant data recovery per the requirements in section • HUD establishes the grantee’s line to support the request and must V.A.3 to provide for the mitigation of credit. demonstrate to the satisfaction of the funding. • Grantee enters the activities from its Department that there is good cause for • Grantee consults with stakeholders, approved action plan into the DRGR the waiver or alternative requirement. including required consultation with system if it has not previously done so Grantees must work with the assigned affected local governments, Indian and submits its DRGR action plan to CPD representative to request any Tribes, and public housing authorities HUD (funds can be drawn from the line additional waivers or alternative (as identified in section V.A.7.). of credit only for activities that are • In accordance with the established in the DRGR system). requirements from HUD headquarters. requirements in section V.A.1.a., 60 • The grantee must publish (on its Except where noted, the waivers and days prior to the deadline for the website) policies for programs and alternative requirements described submission of an action plan as activities implemented by the grantee below apply only to the CDBG–MIT prescribed in section V.A.2.e, the with CDBG–MIT funds. funds. Under the requirements of the grantee submits documentation for the • The grantee may draw down funds Appropriations Act, waivers and certification of financial controls and from the line of credit after the alternative requirements must be procurement processes, and adequate Responsible Entity completes applicable published in the Federal Register and procedures for grant management. environmental review(s) pursuant to 24 are effective five days after publication. • Grantee publishes its action plan for CFR part 58 or as authorized by the Considering the time necessary for the mitigation on the grantee’s required Appropriations Act and, as applicable, development and publication of Federal public website for no less than 45 receives from HUD the Authority to Use Register notices, grantees are advised to calendar days to solicit public comment Grant Funds (AUGF) form and allow sufficient time for consideration, and convenes the required amount of certification. approval and publication of requests for public hearings on the proposed plan. • Substantial amendments are subject waivers and alternative requirements. • Pursuant to the date prescribed in to a 30-day public comment period, Except as described for CDBG–MIT section V.A.2.e., grantee responds to including posting to grantee’s website, funds, statutory and regulatory public comment and submits its action followed by a 60-day review period for provisions governing the State CDBG plan (which includes Standard Form HUD. program apply to States receiving a 424 (SF–424) and certifications), its CDBG–MIT grant, including but not V. Applicable Rules, Statutes, Waivers, implementation plan and capacity limited to, the principle of maximum and Alternative Requirements assessment submissions in accordance feasible deference as provided at 24 CFR with the requirements in section This section of the notice describes 570.480. In addition, except as provided V.A.1.b., and projection of expenditures requirements imposed by the herein, the statutory and regulatory and outcomes to HUD. Appropriations Act, as well as waivers provisions governing the Entitlement • Grantee requests and receives and alternative requirements that apply CDBG program apply only to local Disaster Recovery Grant Reporting to the CDBG–MIT funds provided in the governments receiving a CDBG–MIT (DRGR) system access (if the grantee Appropriations Act. The waivers and grant. Statutory provisions (title I of the does not already have DRGR access) and alternative requirements provide HCDA) can be found at 42 U.S.C. 5301 may enter activities into the DRGR flexibility in program design and et seq. State and Entitlement CDBG system before or after submission of the implementation to support the prudent regulations can be found at 24 CFR part action plan to HUD. Any activities that implementation of mitigation activities 570. References to the action plan in are changed as a result of HUD’s review to lessen the impact of future disasters, these regulations refer to the action plan must be updated once HUD approves while ensuring that statutory required by this notice. All Federal the action plan. requirements are met. For each waiver Register notice references to timelines • HUD reviews (within 60 days from and alternative requirement, the and/or deadlines are calendar days date of receipt) the action plan Secretary has determined that good unless otherwise noted.
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V.A. Grant Administration and Action certification documentation listed effect of the grantee’s procurement Plan Requirements below. This information must be processes/standards upholds the V.A.1. Pre-award evaluation of submitted 60 days prior to the deadline principles of full and open competition management and oversight of funds. for the submission of an action plan. and whether the procurement The Administration intends to closely Grant agreements will not be executed processes/standards require an monitor all aspects of the CDBG–MIT until HUD has approved the grantee’s evaluation of the cost or price of the effort. This approach fits with the view certifications. Grantees must implement property or service. A grantee must that the CDBG–MIT initiative will the CDBG–MIT grant consistent with the submit its procurement policies and require a high level of interaction controls, processes and procedures as procedures and must demonstrate that between HUD and grantees to ensure certified by HUD. the grantee will comply with the For each of the items (1) through (6) performance and compliance across the procurement requirements in section below, the grantee must also provide a implementation spectrum. Consistent V.A.25. of this notice. The grantee must table that clearly indicates which with this approach, HUD will place also provide a legal opinion that it has agency and personnel are responsible great focus on the question of whether proficient procurement policies and for each task along with contact grantees have developed and submitted procedures. information. All grantees must certify to A State has proficient procurement CDBG–MIT plans consistent with the the accuracy of its documentation and policies and processes if HUD requirements for CDBG–MIT funds, must submit this certification with its determines that its procurement with particular attention to action plan, as required in section VI.1. processes/standards uphold the implementation plans and capacity (1) Proficient financial management principles of full and open competition assessments. The Department controls. The grantee must submit and include an evaluation of the cost or encourages grantees to identify in their information upon which HUD can make price of the property or service, and if plan any management and the determination of proficient financial its procurement processes/standards administrative reforms that have or will controls. A grantee has proficient either (a) adopted 2 CFR 200.318 be implemented to improve financial management controls if each of through 200.326; or (b) follows its own accountability and outcomes associated the following criteria is satisfied: procurement policies and procedures with the use of CDBG–MIT funds. (a) Single audit report and and establishes requirements for Consistent with 2 CFR part 200, HUD consolidated annual financial report. procurement policies and procedures will use grant conditions to the fullest The grantee submits its most recent for local governments and subrecipients extent possible to effectuate grantee single audit and consolidated annual based on full and open competition policies that will contribute not only to financial report (CAFR), which pursuant to 24 CFR 570.489(g), and the improved outcomes in the use of CDBG– indicates, in HUD’s determination, that requirements applicable to the State, its MIT funding but also help strengthen the grantee has no material weaknesses, local governments, and subrecipients grantee management practices and long- deficiencies, or concerns that HUD include evaluation of the cost or price term resilience. The Department may, if considers to be relevant to the financial of the product or service; or (c) adopted warranted, restrict the availability of management of the grant. If the grantee’s 2 CFR 200.317, meaning that it will funds until such time as various grant most recent single audit or CAFR follow its own State procurement conditions are met by individual identified material weaknesses or policies and procedures and will grantees. Grantees are reminded that deficiencies, the grantee must provide evaluate the cost or price of the product HUD may, at any time, add new grant documentation satisfactory to HUD or service, but impose 2 CFR 200.318 conditions based on performance or lack showing how those weaknesses have through 200.326 on its subrecipients. thereof or may pursue remedies based been removed or are being addressed; Local governments have proficient on performance consistent with subpart and procurement policies and processes if O of the CDBG regulations (including (b) Grantee assessment of its financial those policies and processes are corrective and remedial actions in 24 standards and completed Public Law consistent with the specific applicable CFR 570.910, 570.911, and 570.913) or 115–123 Financial Management and procurement standards identified in 2 under subpart I of the CDBG regulations Grant Compliance Certification and CFR 200.318 through 200.326. When the at 24 CFR part 570. supporting documentation. The grantee grantee provides a copy of its V.A.1.a. Certification of financial has assessed its financial standards and procurement standards, it must indicate controls and procurement processes, has submitted a completed Public Law the sections of its procurement and adequate procedures for proper 115–123 Financial Management and standards that incorporate these grant management. The Appropriations Grant Compliance Certification provisions. Act requires that the Secretary certify, in (Compliance Certification) available on (3) Duplication of benefits procedures. advance of signing a grant agreement, the HUD Exchange website at https:// A grantee has adequate procedures to that the grantee has in place proficient www.hudexchange.info/CDBG-MIT/ prevent the duplication of benefits if the financial controls and procurement CDBG-MIT-laws-regulations-and- grantee submits uniform processes that processes and has established adequate federal-register-notices/, together with reflect the requirements of section procedures to prevent any duplication all documentation required in the V.A.24. of this notice, including: (a) of benefits as defined by section 312 of Compliance Certification to comply Verifying all sources of assistance the Robert T. Stafford Disaster Relief with the requirements and standards of received by the grantee or applicant, as and Emergency Assistance Act (Stafford the Compliance Certification. The applicable, prior to the award of CDBG– Act), 42 U.S.C. 5155, to ensure timely grantee must identify which sections of MIT funds; (b) determining a grantee’s expenditure of funds, maintain a its financial standards address or an applicant’s remaining funding comprehensive website regarding all applicable questions in the Compliance need(s) for CDBG–MIT assistance before mitigation activities assisted with these Certification and must continue to committing funds or awarding funds, and detect and prevent waste, maintain such standards until grant assistance; and (c) requiring fraud, and abuse of funds. To enable the closeout. beneficiaries to enter into a signed Secretary to make this certification, each (2) Procurement processes/standards. agreement to repay any duplicative grantee must submit to HUD the HUD will determine whether the overall assistance if they later receive
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additional assistance for the same website. A grantee has adequate will typically require grantees to adopt purpose for which the CDBG–MIT procedures to maintain a new roles and responsibilities within award was provided. The grantee must comprehensive website regarding all their organization and to establish new identify a method to monitor disaster recovery and mitigation working relationships with other compliance with the terms of the activities funded under the Prior entities external to the organization. agreement for a reasonable period and Notices and this notice, if it submits Before signing a grant agreement, HUD must articulate this method in its procedures that indicate that the grantee requires each grantee to demonstrate written procedures, including the basis will have a separate page dedicated to that it has sufficient capacity to manage for the period of time in which the CDBG–MIT activities that includes the these funds and the associated risks. grantee will monitor for compliance. information described in section Evidence of grantee management This agreement must also include the V.A.3.d. of this notice and any capacity must be provided through the following language: ‘‘Warning: Any additional information subsequently grantee’s implementation plan and person who knowingly makes a false required by HUD. The procedures must capacity assessment submissions. These claim or statement to HUD may be also indicate the frequency of website submissions must meet the criteria in subject to civil or criminal penalties updates. At a minimum, a grantee must (1) and (2) below and must be submitted under 18 U.S.C. 287, 1001 and 31 U.S.C. update its website monthly and must with the grantee’s action plan. The 3729.’’ link its CDBG–MIT website with the grantee must certify to the accuracy of Policies and procedures of the grantee website required for its CDBG–DR grant. its documentation as required by section submitted to support the certification Additionally, HUD may require grantees VI.1. of this notice. Grantees must must provide that prior to the award of to publish additional reports or implement the CDBG–MIT grant assistance, the grantee will use the best, dashboards on the grantee’s website. consistent with the implementation most recent available data from FEMA, (6) Procedures to detect and prevent plan and capacity assessment as the Small Business Administration fraud, waste, and abuse. A grantee has approved by HUD pursuant to this (SBA), insurers, and any other sources adequate procedures to detect and paragraph. of local, state and federal sources of prevent fraud, waste and abuse if it A grantee has sufficient management funding to prevent the duplication of submits policies or procedures that capacity if it submits documentation benefits. In developing these policies enhance those previously certified by showing that each of the following and procedures, grantees are directed to the Department for the grantee’s CDBG– criteria are satisfied: the Federal Register notice published DR grant and if those policies or (1) Timely information on application on June 20, 2019 entitled, ‘‘Updates to procedures include: status. A grantee has adequate Duplication of Benefits Requirements (i) The criteria to be used to evaluate procedures to enable applicants to Under the Stafford Act for Community the capacity of potential subrecipients; determine the status of their Development Block Grant (CDBG) (ii) The frequency with which the applications for mitigation assistance, at Disaster Recovery Grantees’’ (2019 DOB grantee will monitor other agencies of all phases, if its procedures indicate Notice) (84 FR 28836). A grantee’s the grantee that will administer CDBG– methods for communication (i.e., policies and procedures are adequate if MIT funds, how it will enhance its website, telephone, case managers, they reflect the treatment of loans that monitoring of subrecipients, contractors letters, etc.), ensure the accessibility and is consistent with the requirements of and other program participants, how privacy of individualized information the Declined Loans Provision and the and why monitoring is to be conducted for all applicants, indicate the frequency Disaster Recovery Reform Act (Pub. L. and which items are to be monitored; 115–254, Division D, ‘‘DRRA ’’) as (iii) Enhancements to the internal of applicant status updates, and identify explained in section V.A.24. of this auditor function established for the which personnel or agency is notice and the 2019 DOB Notice. grantee’s CDBG–DR grant; or if the responsible for informing applicants of (4) Timely expenditures. A grantee CDBG–MIT grant is to be administered the status of applications. has adequate procedures to determine by an agency that does not administer (2) Implementation plan. To enable timely expenditures if it submits the CDBG–DR grant, how the internal HUD to assess risk as described in 2 procedures that indicate the following auditor function is to be established and CFR 200.205(c), the grantee must submit to HUD: How the grantee will track resourced. The internal audit function an implementation plan to the expenditures each month; how it will must provide both programmatic and Department. The plan must describe the monitor expenditures of its financial oversight of grantee activities grantee’s capacity to carry out subrecipients; how it will account for and the submission must include a mitigation activities, how it will address and manage program income; how it document signed by the internal auditor any capacity gaps, and how agency staff will reprogram funds in a timely that describes his or her role in that administer CDBG–DR and CDBG– manner for activities that are stalled; detecting fraud, waste, and abuse. MIT funds will work with their how it will ensure that contracts and Additionally, grantees may, as a special counterparts who manage the grantee’s bills that require payment will be timely grant condition, be required to submit FEMA-funded mitigation activities. If a paid; how it will project expenditures of internal audit reports directly to HUD; grantee chooses to designate the agency all CDBG–MIT funds within the period (iv) A conflict of interest policy and that administers its FEMA funds as the provided for in section V.A.26. of this the process for promptly identifying and entity for administration of its CDBG– notice; how it will ensure that its actual addressing such conflicts; and MIT funds, the implementation plan and projected expenditure of funds is (v) Information on how the grantee must indicate how that agency will accurately reported to HUD in its DRGR will verify the accuracy of information coordinate its activities with the agency Quarterly Performance Report (QPR. provided by applicants. that administers its CDBG–DR grant and The grantee shall also identify the Instances of fraud, waste, and abuse will ensure compliance with all personnel or organizational unit should be referred to the HUD OIG generally applicable CDBG responsible for ensuring timely Fraud Hotline (phone: 1–800–347–3735 requirements. HUD will determine a expenditures. or email: [email protected]). plan is adequate to reduce risk if, at a (5) Comprehensive mitigation website V.A.1.b. Implementation plan and minimum it adequately addresses (a) linked to the grantee’s disaster recovery capacity assessment. CDBG–MIT funds through (e) below:
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(a) Capacity assessment. The grantee required for successful and timely level practicable (e.g., county level, zip has assessed its capacity to carry out implementation where identified in the code, neighborhood, or census tract). A mitigation activities and has developed capacity assessment. grantee must also identify any CDBG– a timeline with milestones describing (e) Accountability. The grantee’s plan MIT projects that are to be used in when and how the grantee will address identifies the lead agency responsible combination with CDBG–DR funds all capacity gaps that are identified. The for implementation of the CDBG–MIT allocated to the grantee to address assessment must include a list of any grant and indicates that the head of that unmet disaster recovery needs. This open CDBG–DR findings and an update agency will report directly to the chief combination of funds is possible on the corrective actions undertaken to executive officer of the jurisdiction. because a mitigation project or program address each finding. HUD may include During the course of the CDBG–MIT that meets the requirements for CDBG– additional requirements in the grantee’s grant, HUD will continually monitor MIT funds, remains eligible for CDBG– grant terms and conditions to prevent each grantee’s use of funds to determine MIT funding even if it also responds to similar findings for this grant. the grantee’s adherence to and a remaining unmet recovery need of the (b) Staffing. The plan shows that the consistency with the plan, as well as qualified disasters. grantee has accurately assessed staff meeting the performance and timeliness Several resources are available to capacity and identified adequate objectives therein. A material failure to grantees to assist in the development of personnel who: Have documented comply with the grantee’s the Mitigation Needs Assessment and experience in the timely development implementation plan, as approved by corresponding proposed activities and implementation of mitigation HUD, will prompt HUD to exercise any required in the action plan, as programs particularly as it relates to of the corrective or remedial actions appropriate, including: The FEMA activities in infrastructure, housing, and authorized pursuant to subpart O of the Hazard Mitigation Plan Resources economic development (if applicable); CDBG regulations (including corrective website: https://www.fema.gov/hazard- are responsible for procurement/ and remedial actions in 24 CFR 570.910, mitigation-planning-resources; the contract management, compliance with 570.911, and 570.913) or under subpart FEMA State Mitigation Planning the regulations implementing Section 3 I of the CDBG regulations at 24 CFR part Resources website: https:// of the Housing and Urban Development 570. www.fema.gov/state-mitigation- Act of 1968 (24 CFR part 135) (Section V.A.2. CDBG–MIT Action Plan waiver planning-resources; The FEMA State 3), fair housing compliance, and and alternative requirement. Mitigation Planning Key Topics environmental compliance; and are Requirements for CDBG action plans, in Bulletins: https://www.fema.gov/media- responsible for monitoring and quality 42 U.S.C. 5304(a)(1), 42 U.S.C. 5304(m), library/assets/documents/115780; the assurance, and financial management. 42 U.S.C. 5306(d)(2)(C)(iii), 42 U.S.C. FEMA Local Mitigation Planning An adequate plan must also describe the 5306(a)(1), 42 U.S.C. 12705(a)(2), 24 Resources website: https:// agency’s internal audit function, CFR 91.320, and 24 CFR 91.220, are www.fema.gov/local-mitigation- including responsible audit staff waived for CDBG–MIT grants. Instead, planning-resources; the U.S. Forest reporting independently to the chief grantees must submit to HUD an action Service’s resources on wildland fire elected official or executive officer or plan for the use of CDBG–MIT funds (https://www.fs.fed.us/managing-land/ governing board of the designated which will describe programs and fire); and the National Interagency administering entity. To help complete projects that conform to applicable Coordination Center (NICC) which is the this exercise, grantees may choose to requirements as specified for CDBG– focal point for coordinating the use the ‘‘Staffing Analysis Worksheet’’ MIT funds. The Secretary may mobilization of resources for wildland available on the HUD Exchange at disapprove an action plan as fire: https://www.nifc.gov/nicc/. https://www.hudexchange.info/ substantially incomplete if it is Grantees that have a FEMA-approved programs/cdbg-dr/toolkits/program- determined that the plan does not standard State HMP pursuant to 44 CFR launch/#capacity. satisfy some or all the required elements 201.4, an enhanced HMP in accordance (c) Internal and interagency identified for CDBG–MIT funds. HUD with 44 CFR 201.5 or other FEMA- coordination. The plan describes how will monitor the grantee’s actions and approved mitigation plan, are required the grantee will ensure effective use of funds to determine the grantee’s to use those plans and each plan’s risk communication and coordination adherence to and consistency with the assessment to inform its response to the between State and local departments plan, as well as meeting the action plan requirements below. and divisions involved in the design performance and timeliness objectives Grantees must reference these plans and and implementation of mitigation therein. indicate how the risks identified in the planning and projects, including, but V.A.2.a. Action plan. The action plan Mitigation Needs Assessment have been not limited to the following: must identify how the proposed use of informed by the risks identified in the Departments responsible for developing all funds: (1) Meets the definition of FEMA mitigation plan. the HMP for applicable jurisdictions; mitigation activities; (2) addresses the Mitigation needs evolve over time and departments implementing the HMGP; current and future risks as identified in grantees are to amend the Mitigation subrecipients responsible for the grantee’s Mitigation Needs Needs Assessment and action plan as implementing the grantee’s action plan; Assessment of most impacted and conditions change, additional mitigation and local and regional planning distressed areas as defined in section needs are identified, and additional departments to ensure consistency and II.C.; (3) will be CDBG-eligible activities resources become available. the integration of CDBG–MIT activities under title I of the HCDA or otherwise In addition to the waiver and with those planning efforts. eligible pursuant to a waiver or alternative requirement established for (d) Technical assistance. The grantee’s alternative requirement; and (4) will CDBG–MIT action plans in this section implementation plan describes how it meet a national objective, including of the notice, HUD is establishing an will procure and provide technical additional criteria for mitigation alternative requirement that grantees assistance for any personnel that the activities and Covered Projects. shall implement CDBG–MIT programs grantee does not employ at the time of The action plan must describe the and projects in accordance with their action plan submission, and to fill gaps impacts of the use of CDBG–MIT funds action plan and with the descriptions in knowledge or technical expertise geographically by type at the lowest provided by the grantee in the action
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plan in response to elements (1) through HMP but must at a minimum address measures and construction techniques (12) below: the risks included in its jurisdiction’s into building codes. CDBG–MIT funds (1) A Mitigation Needs Assessment. HMP. Grantees must include citations may be used to reimburse planning and Each grantee must assess the from the State or local HMP as evidence administrative costs for developing the characteristics and impacts of current that the Mitigation Needs Assessment is action plan, including the Mitigation and future hazards identified through its consistent with such plan. Needs Assessment, for the preparation recovery from the qualified disaster and In responding to this action plan or update of a State, local or tribal any other Presidentially-declared requirement and presenting the required FEMA HMPs, and for compliance with disaster. Mitigation solutions designed information, grantees must review and environmental review and citizen to be resilient only for threats and certify to HUD that they have participation requirements. hazards related to a prior disaster can considered, at a minimum, the (3) Connection of mitigation programs leave a community vulnerable to following resources, as appropriate: and projects to identified risks. For each negative effects from future extreme FEMA Local Mitigation Planning proposed program or project in the events related to other threats or Handbook: https://www.fema.gov/ action plan, the grantee must address hazards. When risks are identified media-library-data/20130726-1910- how the program or project mitigates among other vulnerabilities during the 25045-9160/fema_local_mitigation_ specific current and future risks framing and design of mitigation handbook.pdf; DHS Office of identified in the Mitigation Needs projects, implementation of those Infrastructure Protection (https:// Assessment. projects can enhance protection and www.dhs.gov/sites/default/files/ (4) Low- and moderate-income save lives, maximize the utility of scarce publications/ip-fact-sheet-508.pdf); priority. Proposed mitigation programs resources, and benefit the community National Association of Counties, and projects must prioritize the long after the projects are complete. Improving Lifelines (2014): https:// protection of low-and-moderate income Accordingly, each grantee receiving a www.naco.org/sites/default/files/ (LMI) individuals. Each grantee must _ _ CDBG–MIT allocation must conduct a documents/NACo ResilientCounties describe in its action plan how it will _ risk-based assessment to inform the use Lifelines Nov2014.pdf); the U.S. Forest prioritize programs and projects that of CDBG–MIT funds to meet its Service’s resources around wildland fire will protect LMI persons in order to mitigation needs, considering identified (https://www.fs.fed.us/managing-land/ meet the overall benefit requirement current and future hazards. fire); the National Interagency pursuant to this notice. Additionally, if the grantee’s Grantees must assess their mitigation Coordination Center (NICC) for programs or projects will increase the needs in a manner that effectively coordinating the mobilization of resiliency of housing, the grantee must addresses risks to indispensable services resources for wildland fire: https:// describe how the programs or projects that enable continuous operation of www.nifc.gov/nicc/; and HUD’s CPD will do so for housing that typically critical business and government Mapping tool: https://egis.hud.gov/ serves vulnerable populations, functions, and are critical to human cpdmaps/). including the following housing: health and safety, or economic security. (2) Long-term planning and risk mitigation considerations. The grantee Transitional housing, permanent The Mitigation Needs Assessment must must describe how it plans to: Promote supportive housing, permanent housing quantitatively assess the significant local and regional long-term planning serving individuals and families potential impacts and risks of hazards and implementation informed by its (including subpopulations) that are affecting the following seven critical Mitigation Needs Assessment, including homeless and at-risk of homelessness, service areas, or community lifelines: through the development and and public housing developments. • Safety and Security Grantees must also assess how the use • enforcement of building codes and Communications standards (such as wildland urban of CDBG–MIT funds may affect • Food, Water, Sheltering members of protected classes under fair • interface; and flood and all hazards, Transportation including ASCE–24 and ASCE–7, as housing and civil rights laws, racially • Health and Medical and ethnically concentrated areas, as • may be applicable), vertical flood Hazardous Material (Management) well as concentrated areas of poverty; • elevation protection, and revised land Energy (Power & Fuel) use and zoning policies; coordinate with will promote more resilient affordable CDBG–MIT funds activities that other planning efforts by local and housing and will respond to natural ensure that these critical areas are made regional entities to ensure alignment of hazard related impacts. more resilient and are able to reliably CDBG–MIT activities with those plans; (5) Coordination of mitigation projects function during future disasters, can and support actions to promote an and leverage. Each grantee must propose reduce the risk of loss of life, injury, and increase in hazard insurance coverage. mitigation programs or projects that property damage and accelerate For flood mitigation efforts: Grantees advance long-term resilience to current recovery following a disaster. must consider high wind and continued and future hazards. Additionally, each In the Mitigation Needs Assessment, sea level rise and ensure responsible grantee must align its CDBG–MIT each grantee must cite data sources and floodplain and wetland management programs or projects with other planned must at a minimum, use the risks based on the history of flood mitigation federal, state, regional, or local capital identified in the current FEMA- efforts and the frequency and intensity improvements. In order to meet these approved state or local HMP. If a of precipitation events. For wildfire requirements, each grantee must jurisdiction is currently updating an mitigation efforts: Grantees must describe how the proposed mitigation expired HMP, the grantee’s agency consider land-use plans that address programs or projects will: (a) Advance administering the CDBG–MIT funds density and quantity of development, as long-term resilience; (b) align with other must consult with the agency well as emergency access, landscaping, planned capital improvements; and (c) administering the HMP update to and water supply considerations. For promote community-level and regional identify the risks that will be included tornado mitigation efforts: Grantees (e.g., multiple local jurisdictions) in the Mitigation Needs Assessment. A must consider promoting the planning for current and future disaster grantee may identify additional risks construction and use of safe rooms and recovery efforts and additional that are not included in its jurisdiction’s require or encourage wind engineering mitigation investments.
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Additionally, each grantee must exceptions in its action plan. At plan how it will fund long-term describe how it will leverage CDBG– minimum, each grantee must indicate operation and maintenance for CDBG– MIT funds with other funding provided that it will adopt policies and MIT projects. Funding options might through public-private partnerships and procedures governing maximum award include State or local resources, by other Federal, State, local, private, amounts, describe how it will borrowing authority or retargeting of and nonprofit sources to generate more communicate the maximum amounts existing financial resources. If effective and comprehensive mitigation and any exceptions, how it will analyze operations and maintenance plans are outcomes. Examples of other Federal the circumstances under which an reliant on any proposed changes to sources are additional funding provided exception is needed and how it will existing taxation policies or tax by HUD, FEMA (specifically the Public demonstrate that cost of providing collection practices, those changes and Assistance Program, Individual assistance is necessary and reasonable. relevant milestones should be expressly Assistance Program, and Hazard Each grantee must also indicate that it included in the action plan. Mitigation Grant Program), SBA will make exceptions to the maximum Additionally, the grantee must describe (specifically the Disaster Loans award amounts when necessary to any State or local resources that have program), Economic Development comply with federal accessibility been identified for the operation and Administration, U.S. Army Corps of standards or to reasonably accommodate maintenance costs of projects assisted Engineers (USACE), the Department of a person with disabilities. with CDBG–MIT funds. Transportation, and the Department of (8) Natural infrastructure. Grantees (11) Cost verification. Each grantee Agriculture including the U.S. Forest are encouraged to develop a process to must describe its controls for assuring Service’s Good Neighbor Authority incorporate nature-based solutions and that construction costs are reasonable (GNA), Stewardship Contracts, and natural or green infrastructure in the and consistent with market costs at the Wildfire Resilience Treatments. The selection and/or design of CDBG–MIT time and place of construction. Grantees grantee must describe how it will seek projects. Each grantee is encouraged to are encouraged to consider the use of an to maximize the outcomes of describe how it will consider natural independent, qualified third-party investments and the degree to which infrastructure during the project architect, construction manager, or other CDBG–MIT funds are effectively selection process (e.g., alternatives and professional (e.g., a cost estimator) to leveraged, including through public- benefit-cost analysis); or propose verify the planned project costs and cost private partnerships and a commitment projects and programs in the action plan changes to the contract (e.g., change of funding by the grantee. Grantees shall that incorporate natural infrastructure. orders) during implementation are identify any leveraged funds for each Natural or green infrastructure is reasonable. The method and degree of activity in the DRGR system. defined as the integration of natural analysis may vary dependent upon the (6) Plans to minimize displacement processes or systems (such as wetlands circumstances surrounding a particular and ensure accessibility. Each grantee or land barriers) or engineered systems project (e.g., project type, risk, costs), must describe how it plans to minimize that mimic natural systems and but the description, at a minimum, must displacement of persons or entities, and processes into investments in resilient address controls for CDBG–MIT assist any persons or entities displaced infrastructure, including, for example, infrastructure projects above a certain through its mitigation activities (except using permeable pavements and total project cost threshold identified by for mitigation through voluntary buyout amended soils to improve infiltration the grantee and for Covered Projects as activities that are designed to move and pollutant removal. defined for CDBG–MIT funds. More households out of harm’s way). This (9) Construction standards. Each detailed cost verification requirements description shall focus on proposed grantee must describe how it will: (a) for Covered Projects are provided in activities that may directly or indirectly Emphasize quality, durability, energy section V.A.2.h. of this notice. result in displacement and the efficiency, sustainability, and mold (12) Building code and hazard assistance that shall be required for resistance, as applicable; (b) consider mitigation planning. Grantees are those displaced. Grantees are reminded application of the Green Building encouraged to propose an allocation of that they must take into consideration Standards as amended from the Prior CDBG–MIT funds for building code the functional needs of persons with Notices and as explained in section development and implementation, land disabilities in the relocation process. V.B.1.a. of this notice; and (c) adhere to use planning and/or hazard mitigation Guidance on relocation considerations the advanced elevation requirements planning activities that may include but for persons with disabilities may be established in section V.B.1.d. of this need not be limited to: (a) The found in Chapter 3 of HUD’s Relocation notice, if applicable. For grantees development and implementation of Handbook 1378.0 (available on the HUD addressing flood risks, the grantee must modern and resilient building codes Exchange website at: https:// describe how it will document its consistent with an identified model or www.hud.gov/program_offices/ decision to elevate structures and how standard, such as ASCE 24 and ASCE 7 administration/hudclips/handbooks/ it evaluated and determined the as may be applicable, in order to cpd/13780. elevation to be cost reasonable relative mitigate against current and future (7) Maximum award amounts, to other alternatives or strategies, such hazards; (b) the development and necessary, and reasonable assistance. as the demolition of substantially- implementation of land use plans to For each mitigation program providing damaged structures with reconstruction address natural hazards identified in the a direct benefit to a person, household of an elevated structure on the same grantee’s Mitigation Needs Assessment; or business, the action plan must site, property buyouts, or infrastructure (c) the update of State, local, or tribal specify the maximum amount of improvements to reduce the risk of loss FEMA HMPs, if necessary; (d) for states assistance available to a beneficiary of life and property. choosing to do so, the development of under each of the grantee’s mitigation (10) Operation and maintenance a FEMA-approved enhanced mitigation programs. A grantee may find it plans. Each grantee must plan for the plan; or (e) the integration of mitigation necessary to provide exceptions on a long-term operation and maintenance of plans with parallel CDBG–MIT planning case-by-case basis to the maximum infrastructure and public facility efforts. If a grantee chooses to not amount of assistance and must describe projects funded with CDBG–MIT funds. allocate CDBG–MIT funds for these the process it will use to make such The grantee must describe in its action activities, the grantee must describe
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other sources of funding identified for for mitigation activities and Covered activities that include the integration of such activities. The grantee shall Projects. The grantee can use CDBG– mitigation planning with other local and describe the specific building code, land MIT funds for activities that meet these regional mitigation community use planning, hazard mitigation criteria even when it also responds to a development, land use and other plans. planning, or other activities to be remaining unmet recovery need arising CDBG–MIT funds may also be used to funded with the CDBG–MIT grant or from a qualified disaster that served as upgrade mapping, data and other from other sources. the basis for the grantee’s CDBG–MIT capabilities to better understand V.A.2.b. Funds awarded directly to a allocation. Grantees may continue to evolving potential disaster risks. State. For State grantees that choose to categorize CDBG–MIT funds, to the Grantees may also fund planning and allocate funds directly to a local extent appropriate, using the broader public service activities necessary to government or Indian tribe, the action categories of activities that are reduce flood insurance premiums in the plan shall describe the method of associated with CDBG–DR awards: NFIP voluntary Community Rating distribution of funds and/or Infrastructure, economic development, System’s (CRS) incentive program descriptions of specific mitigation housing, planning and administration, (https://www.fema.gov/national-flood- programs or projects the grantee will and public services. insurance-program-community-rating- carry out directly. If the State will carry (1) Infrastructure. Typical system). out activities directly, the description infrastructure mitigation programs may Additional public service activities must include the requirements at (1) include regional investments in risk may include education and outreach through (6) below: reduction for flood, fire, wind and other campaigns designed to alert (1) How the Mitigation Needs hazards to develop disaster-resistant communities and beneficiaries to Assessment will inform the grantee’s infrastructure; upgrading of water, opportunities to further mitigate funding determinations. sewer, solid waste, communications, identified risks through insurance, best (2) The threshold factors and grant energy, transportation, health and practices and other strategies. size limits that are to be applied. medical, and other public infrastructure (5) Use of CDBG–MIT as match. As (3) The projected uses for the CDBG– to address specific, identified risks; provided by the HCDA, CDBG–MIT MIT funds, by responsible organization, financing multi-use infrastructure; and funds may be used to meet a matching activity, and geographic area, when the green or natural mitigation requirement, share, or contribution for grantee carries out an activity directly. infrastructure development. any other Federal program when used to (4) For each proposed mitigation (2) Economic development. Examples carry out an eligible CDBG–MIT activity carried out directly, its of eligible programs include assistance activity. This includes mitigation grants respective CDBG activity eligibility to businesses for the installation of administered by FEMA or USACE. By category (or categories) and associated disaster mitigation improvements and law, (codified in the HCDA as a note to national objective(s), including technologies; financing to support the 105(a)), the maximum amount of CDBG– additional criteria. development of technologies, systems MIT funds that may be contributed to a (5) When funds are subgranted to and other measures to mitigate future USACE project is $250,000. Note that local governments or Indian tribes, all disaster impacts; ‘‘hardening’’ of the Appropriations Act prohibits the use criteria to be used to distribute funds to commercial areas and facilities; and of CDBG–MIT funds for any activity local governments or Indian tribes, financing critical infrastructure sectors reimbursable by, or for which funds are including the relative importance of to allow continued commercial also made available by FEMA or each criterion. operations during and after disasters. USACE. Grantees may only use CDBG– (6) When applications are solicited for Grantees are also strongly encouraged to MIT funds to meet the match programs to be carried out directly, all leverage CDBG–MIT funds in economic requirement of a program or project that criteria used to select applications for development through coordination with meets the definition of a mitigation funding, including the relative Opportunity Zones established within activity and other requirements of this importance of each criterion. the grantee’s jurisdiction. notice and meet the eligibility V.A.2.c. Clarification of basic (3) Housing. Typical housing requirements for a mitigation activity requirements for mitigation activities. mitigation programs may include under the other federal program. Unlike CDBG–DR funds where grantees buyouts (potentially accompanied by V.A.2.d. Clarity of action plan. Every must demonstrate that their disaster additional housing or homeownership grantee must include sufficient recovery activities ‘‘tie-back’’ to the assistance for relocated families); information so that all interested parties specific disaster and address a specific elevation (which may be accompanied will be able to understand and comment unmet recovery need for which the by rehabilitation, reconstruction, or new on the action plan and, if applicable, be CDBG–DR funds were appropriated, construction activities to support able to prepare responsive applications CDBG–MIT funds do not require such a resilient housing); flood proofing; and to the grantee. The action plan (and ‘‘tie-back’’ to the specific qualified wind, water, fire, earthquake retrofitting subsequent amendments) must include disaster that has served as the basis for or ‘‘hardening’’ of single- and multi- a single chart or table that illustrates, at the grantee’s allocation of CDBG–MIT family units to withstand future the most practical level, how all funds funds. Grantees must instead disasters. are budgeted (e.g., by program, demonstrate that CDBG–MIT activities: (4) Planning, administration and subrecipient, grantee-administered (1) Meet the definition of mitigation public services. As noted in section activity, or other category). activities; (2) address the current and V.A.2.a.(12) of this notice, CDBG–MIT V.A.2.e. Submission, review, and future risks as identified in the grantee’s funds may be used for the development approval of action plan. The action plan Mitigation Needs Assessment in the of modernized and resilient building (including SF–424 and certifications) most impacted and distressed areas; (3) codes and land use plans, for the must be submitted to HUD for review are CDBG-eligible activities under title I development and updating of FEMA- and approval. To ensure that grantees of the HCDA or otherwise eligible approved HMPs and for the have adequate time to address the pursuant to a waiver or alternative development of State enhanced planning requirements of this notice requirement; and (4) meet a national mitigation plans. Grantees may also use and to ensure a comprehensive and objective, including additional criteria the CDBG–MIT funds for planning effective review of initial CDBG–MIT
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action plans, HUD is assigning each allocated funds to the grantee must be grantee’s plan constitute a substantial grantee to a cohort and will stagger the entered into between HUD and the amendment to the plan. At a minimum, submission dates for those cohorts. Each grantee. Subsequently, HUD will the following modifications will of these grantees is in the early stage of establish the line of credit and the constitute a substantial amendment: The implementing their long-term recovery grantee will receive DRGR system access addition of a CDBG–MIT Covered efforts using CDBG–DR unmet needs (if it does not already have DRGR Project; a change in program benefit or funding and the extended timeframe system access). The grantee must also eligibility criteria; the addition or will partially reduce the burden of enter its action plan activities into the deletion of an activity; or the allocation developing a CDBG–MIT action plan DRGR system in order to draw funds for or reallocation of a monetary threshold while still launching broad recovery those activities. HUD will provide specified by the grantee in its action efforts. State grantees that are clarifying guidance as to the content and plan. The grantee may substantially administering a CDBG–DR grant for a format of the DRGR action plan, which amend the action plan if it follows the 2015 or 2016 disaster are viewed as will help reflect the unique qualities same procedures required for CDBG– having a greater amount of experience and requirements of CDBG–MIT MIT funds for the preparation and with both CDBG–DR requirements and activities and ensure clear and submission of an action plan, provided, aligning mitigation programs and transparent communication to the however, that a substantial action plan projects with FEMA HMGP public. amendment shall require a 30-day requirements. Local government CDBG– Each activity must meet the public comment period. MIT grantees may need additional time applicable environmental requirements (2) Nonsubstantial amendment. The to build capacity in order to ensure the before any funds are committed to the grantee must notify HUD, but is not alignment of CDBG–DR and FEMA activity, consistent with 24 CFR 58.22. required to seek public comment, when HMGP funds. State grantees in receipt of The grantee may not draw down funds it makes any plan amendment that is CDBG–DR funds for only 2017 disasters from the line of credit for an activity not substantial. HUD must be notified at are properly focused on the timely until after the Responsible Entity least 5 business days before the implementation of recovery efforts in (usually the grantee): amendment becomes effective. response to those disasters. HUD’s (1) Completes required environmental However, every amendment to the capacity to assist grantees in the review(s) pursuant to 24 CFR part 58 or action plan (substantial and development of CDBG–MIT action plans adopts the environmental review nonsubstantial) must be numbered and to review those plans in a timely performed by another federal agency, as sequentially and posted on the grantee’s manner also requires rolling dates for authorized by the Appropriations Act; website. The Department will the submission of action plans. and acknowledge receipt of the notification Accordingly, HUD will accept an action (2) Receives from HUD or the of nonsubstantial amendments via email plan from cohorts no later than the dates Responsible Entity (as applicable) an within 5 business days. Nonsubstantial identified below, unless the grantee has approved Request for Release of Funds amendments shall be numbered in requested, and HUD has approved an and certification. sequence with other nonsubstantial and extension of its target submission V.A.2.g. Amending the action plan. substantial amendments and deadline: The grantee must amend its action plan incorporated into the action plan. • State CDBG–MIT grantees that to update its Mitigation Needs V.A.2.h. Additional action plan currently administer CDBG–DR grants Assessment, modify or create new requirements for CDBG–MIT Covered provided in response to a 2015 or 2016 activities, or reprogram funds. Each Projects. disaster shall submit no later than amendment must be highlighted, or Large-scale infrastructure projects that February 3, 2020: Florida; Louisiana; otherwise identified, within the context meet the definition of Covered Projects North Carolina, South Carolina; Texas; of the entire action plan. The beginning must be included in an action plan or and West Virginia. of every action plan amendment must substantial amendment. A Covered • Local government CDBG–MIT include: (1) A section that identifies Project is an infrastructure project (as grantees shall submit on no later than exactly what content is being added, defined in V.A.2.h.(1) below) having a March 2, 2020: Columbia, SC; Lexington deleted, or changed; (2) a chart or table total project cost of $100 million or County, SC; Richland County, SC; that clearly illustrates where funds are more, with at least $50 million of CDBG Houston, TX; and San Marcos, TX. coming from and where they are moving funds (regardless of source (CDBG–DR, • State CDBG–MIT grantees that to; (3) a revised budget allocation table CDBG–NDR, CDBG–MIT, or CDBG)). currently administer only a CDBG–DR that reflects the entirety of all funds, as The Department recognizes that grant provided in response to a 2017 amended; and (4) a description of how grantees may seek to use CDBG–MIT disaster shall submit no later than ln the amendment is consistent with a grants to implement large, April 6, 2020: California; Georgia; and grantee’s Mitigation Needs Assessment. transformative infrastructure projects Missouri. A grantee’s current version of its entire that will provide long-term benefits and HUD will review each action plan action plan must be accessible for strengthen a community’s resilience to within 60 days from the date of receipt. viewing as a single document at any future hazards. To support the HUD may disapprove an action plan as given point in time, rather than the successful implementation and substantially incomplete if the action public or HUD having to view and operation of these large-scale projects, plan does not meet the requirements of cross-reference changes among multiple the Department is establishing this notice, including grant amendments. alternative requirements that impose requirements imposed by applicable (1) Substantial amendment. The additional criteria for all CDBG–MIT waivers and alternative requirements to grantee must provide a 30-day public Covered Projects. All CDBG–MIT address the Administration’s policy comment period and reasonable Covered Projects must meet the priorities. method(s) (including electronic additional criteria to meet a national V.A.2.f. Obligation and expenditure of submission) for receiving comments on objective. funds. After HUD makes the required substantial amendments. In its action (1) Definition of an infrastructure certifications and approves the action plan, each grantee must specify criteria project. This section defines an plan, a grant agreement obligating for determining what changes in the infrastructure project as it relates to
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Covered Projects only. For purposes of projects are described in section V.A.13. correctable flaw in the FEMA-approved this section of the notice, an HUD has established additional criteria BCA methodology; or (3) it proposes a infrastructure project is defined as an for Covered Projects that require a plan new approach that is unavailable using activity or group of related activities for long-term efficacy and fiscal the FEMA BCA Toolkit. In order for that develop the physical assets that are sustainability, a demonstration that HUD to accept any BCA completed or in designed to provide or support services benefits of the project outweigh the progress pursuant to another Federal to the general public in the following costs, and a demonstration that the agency’s requirements, that BCA must sectors: Surface transportation, Covered Project is consistent with other account for economic development, including roadways, bridges, railroads, mitigation activities in the same MID community development and other and transit; aviation; ports, including area, as described below in (i) through social/community benefits or costs and navigational channels; water resources (iii): the CDBG–MIT project must be projects; energy production and (i) Long-term efficacy and fiscal substantially the same as the project generation, including from fossil, sustainability. A description of how the analyzed in the other agency’s BCA. renewable, nuclear, and hydro sources; grantee plans to monitor and evaluate (ii.b.) Alternate demonstration of electricity transmission; broadband; the efficacy and sustainability of the benefits. Alternatively, for a Covered pipelines; stormwater and sewer Covered Project, including its operation Project that serves low- and moderate- infrastructure; drinking water and maintenance of the Covered Project, income persons or other persons that are infrastructure; and other sectors as may how it will maintain documentation for less able to mitigate risks or respond to be determined by the Federal Permitting the measurable outcomes or reduction and recover from disasters, the grantee Improvement Steering Council. Further, in risk as discussed in section V.A.2.i. may demonstrate that benefits outweigh consistent with HUD’s NEPA of this notice, and how it will reflect costs if the grantee completes a BCA as implementing requirements at 24 CFR changing environmental conditions described above and provides HUD with 58.32(a), in responding to the (such as sea level rise or development a benefit-to-cost ratio (which may be requirements of this notice, a grantee patterns) with risk management tools, less than one) and a qualitative must group together and evaluate as a and/or alter funding sources if description of benefits that cannot be single infrastructure project all necessary. quantified but sufficiently demonstrate individual activities which are related (ii) Demonstration of benefits. unique and concrete benefits of the to one another, either on a geographical (ii.a.) Demonstration of benefits Covered Project for low- and moderate- or functional basis, or are logical parts through benefit cost analysis. The action income persons or other persons that are of a composite of contemplated plan or substantial amendment must less able to mitigate risks, or respond to infrastructure-related actions. describe how the benefits of the Covered and recover from disasters. This Infrastructure improvements on private Project outweigh the costs of the qualitative description may include a lands as authorized pursuant to section Covered Project. Benefits outweigh costs description of how the Covered Project V.C.3 and that also meet the definition if the Benefit Cost Analysis (BCA) will provide benefits such as enhancing of a Covered Project shall also be subject results in a benefit-to-cost ratio greater a community’s economic development to the Covered Project requirements of than 1.0 (which aligns with FEMA’s potential, improving public health and this notice. BCA ratio). or expanding recreational opportunities. (2) Covered Project action plan or The action plan or substantial The grantee shall include the BCA for substantial amendment requirements. amendment must include a description a Covered Project, together with any The following must be provided for of the methodology and the results of qualitative description of benefits for each Covered Project proposed in an the BCA that has been conducted for the projects benefitting low- and moderate- action plan or a substantial amendment: Covered Project. The grantee must income persons and other persons that (a) Project description and eligibility. indicate whether another Federal are less able to mitigate risks, or respond A description of the Covered Project and agency has rejected a BCA for the to and recover from disasters, as an how it meets the definition of a Covered Project (including any BCA for appendix to the action plan or mitigation activity, including: Total an earlier version of the current substantial amendment that proposes project cost (including the CDBG–MIT proposed Covered Project). the project. grant as well as other federal resources Grantees and subrecipients may use (iii) Consistency with other mitigation for the project, such as funding FEMA-approved methodologies and activities. The grantee’s action plan provided by the Department of tools to demonstrate the cost- must demonstrate that the project is Transportation or FEMA); and CDBG effectiveness of their projects. FEMA consistent with the other mitigation eligibility under the HCDA or a waiver has developed the BCA Toolkit to activities that the grantee will carry out and alternative requirement (i.e., a facilitate the process of preparing a with CDBG–MIT funds in the MID area. citation to the paragraph in section 105 BCA. Using the BCA Toolkit will ensure To be consistent, the Covered Project of the HCDA, applicable Federal that the calculations are prepared in must not increase the risk of loss of life Register notice, or a CDBG regulation). accordance with OMB Circular A–94 or property in a way that undermines (b) Consistency with the Mitigation and FEMA’s standardized the benefits from other uses of CDBG– Needs Assessment. A description of methodologies. It is imperative to MIT funds in the MID. how the Covered Project addresses the conduct a BCA early in the project (3) HUD review of action plans and current and future risks in the MID areas development process to ensure the substantial amendments for Covered as identified in the grantee’s Mitigation likelihood of meeting the cost- Projects. HUD will determine that a Needs Assessment. effectiveness eligibility requirement. portion of an action plan or substantial (c) National objective, including A non-FEMA BCA methodology may amendment that proposes a Covered additional criteria. The action plan must be used when: (1) A BCA has already Project to be substantially incomplete if describe how the Covered Project will been completed or is in progress it does not meet the above criteria. In meet a national objective, including pursuant to BCA guidelines issued by the course of reviewing an action plan additional criteria for mitigation other Federal agencies such as the Army or substantial amendment, HUD will activities and Covered Projects. The Corps or the Department of advise a grantee of each deficiency and national objectives for CDBG–MIT Transportation; (2) it addresses a non- the grantee must revise the plan or
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amendment to address the deficiency in be advised of any missed opportunities At least two of these public hearings are order for HUD to resume consideration and additional risks that need to be to occur prior to a grantee’s publication of this submission. addressed, provisions of 42 U.S.C. for public comment of its action plan on (4) Implementation of Covered 5304(a)(2) and (3), 42 U.S.C. 12707, 24 its website, and the hearings shall be Projects. Prior to the grantee’s execution CFR 570.486, 24 § 91.105(b) and (c), and held in different locations within the of a contract for the construction, 24 CFR 91.115(b) and (c), with respect MID area in locations that ensure rehabilitation, or reconstruction of an to citizen participation requirements, geographic balance and maximum approved Covered Project the grantee are waived and replaced by the accessibility. Public hearings must be shall have: requirements below. These revised held in facilities that are physically (a) Engaged an independent, third- requirements mandate public hearings accessible to persons with disabilities. party entity (e.g., a cost estimator) to (the number of which is based upon the Existing federal requirements provide verify the planned project costs and cost amount of a grantee’s CDBG–MIT that where physical accessibility is not changes to the contract during allocation) across the HUD-identified achievable, grantees must give priority implementation to determine the costs MID areas and require the grantee to to alternative methods of product or of the contract and any changes to the provide a reasonable opportunity (at information delivery that offer programs contract are reasonable; least 45 days) for citizen comment and and activities to qualified individuals (b) Secured the certification of a ongoing citizen access to information with disabilities in the most integrated licensed design professional stating that about the use of grant funds. The setting appropriate under HUD’s the project design or redesign meets a revised citizen participation implementing regulations for Section nationally recognized design and requirements for CDBG–MIT grantees 504 of the Rehabilitation Act (See 24 performance standard applicable to the are: CFR part 8, subpart C). project, including, if applicable, criteria In addition to the above public V.A.3.a. Publication of the action plan recognized by FEMA for a project of its hearings, before the grantee submits the and opportunity for public comment. type, pursuant to FEMA’s Hazard action plan for this grant or any HUD continues to emphasize the Mitigation Assistance Guidance and substantial amendment to the action importance of a robust citizen Hazard Mitigation Assistance Guidance plan to HUD, the grantee will publish participation process, which shall Addendum; and the proposed plan or amendment. The include public hearings on the proposed (c) Established a plan for financing manner of publication must include the operation and maintenance of the action plan. Each grantee must either prominent posting on the grantee’s project during its useful life. amend its existing citizen participation official website and must afford citizens, V.A.2.i. Projection of expenditures plan or adopt a new plan that affected local governments, and other and outcomes. Each grantee must incorporates the CDBG–MIT specific interested parties a reasonable submit projected expenditures and citizen participation requirements opportunity to examine the plan or outcomes with the action plan. The outlined in this section. The number of amendment’s contents. The topic of projections must be based on each public hearings to be convened by a disaster mitigation must be navigable by quarter’s expected performance— grantee shall be determined based upon citizens from the grantee’s (or relevant beginning with the quarter funds are the amount of the grantee’s CDBG–MIT agency’s) homepage. Grantees are also available to the grantee and continuing allocation: (1) CDBG–MIT grantees with encouraged to notify affected citizens each quarter until all funds are allocations under $500 million, are through electronic mailings, press expended. The projections will enable required to hold at least two public releases, statements by public officials, HUD, the public, and the grantee to hearings in the HUD-identified MID media advertisements, public service track proposed versus actual areas in order to obtain citizens’ views announcements, and/or contacts with performance. The projections must also and to respond to proposals and neighborhood organizations. Grantees be clearly and conspicuously displayed questions. At least one of these public should also consider recording public on the grantee’s website. If a grantee’s hearings is to occur prior to a grantee’s hearings and making them available performance indicates a pattern of publication for public comment of its online for live viewing and creating deviation from projected expenditures action plan on its website, and all archival video of the public meetings on and outcomes, HUD may review the hearings are to be convened at different the grantee’s website. Plan publication grantee’s capacity assessment and locations within the MID area in efforts and public hearings must comply implementation plan and require an locations that ensure geographic balance with civil rights requirements, including update to that plan or impose corrective and maximum accessibility, (2) CDBG– meeting the effective communications actions to mitigate the risks associated MIT grantees with allocations of $500 requirements under Section 504 of the with failure to meet projections. The million or more shall convene at least Rehabilitation Act (see, 24 CFR 8.6) and published action plan must be amended three public hearings in the HUD- the Americans with Disabilities Act (see for any subsequent changes, updates, or identified MID areas to obtain citizens’ 28 CFR 35.160); and must provide revision of the projections. Guidance on views and to respond to proposals and meaningful access for persons with the preparation of projections is questions. At least one of these public Limited English Proficiency (LEP) (see available on the HUD website: https:// hearings is to occur prior to a grantee’s HUD’s LEP Guidance, 72 FR 2732 www.hudexchange.info/resource/3685/ publication for public comment of its (2007)). cdbg-dr-grantee-projections-of- action plan on its website, and all Grantees are responsible for ensuring expenditures-and-outcomes/. hearings are to be convened in different that all citizens have equal access to V.A.3. Citizen participation waiver locations within the MID area in information about the CDBG–MIT and alternative requirement. To permit locations that ensure geographic balance programs, including persons with a more robust process and ensure and maximum accessibility, (3) CDBG– disabilities and persons with limited mitigation activities are developed MIT grantees with allocations of $1 English proficiency (LEP). Each grantee through methods that allow all billion or more shall hold at least four must ensure that mitigation program stakeholders to participate, and because public hearings in the HUD-identified information is available in the citizens recovering from disasters are MID area to obtain citizens’ views and appropriate languages for the geographic best suited to ensure that grantees will to respond to proposals and questions. areas to be served (see HUD’s LEP
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Guidance, 72 FR 2732 (2007)) and take V.A.3.d. Public website. HUD is audits as may be necessary or appropriate steps to ensure effective requiring grantees to maintain a public appropriate to determine whether the communications with persons with website which provides information grantee has carried out its activities in disabilities under Section 504 (see, 24 accounting for how all CDBG–MIT a timely manner, whether the grantee’s CFR 8.6) and the Americans with funds are used, managed and activities and certifications are carried Disabilities Act (see 28 CFR 35.106). administered, including links to all out in accordance with the requirements Since State grantees receiving CDBG– action plans, action plan amendments, and the primary objectives of the HCDA MIT funds may make grants throughout performance reports, CDBG–MIT citizen and other applicable laws, and whether the State, including to Entitlement participation requirements, and activity/ the grantee has the continuing capacity communities, States should carefully program information for activities to carry out those activities in a timely evaluate the needs of persons with described in the action plan, including manner. disabilities and those with limited details of all contracts and ongoing This notice waives the requirements English proficiency. In assessing its procurement policies. To meet this for submission of a performance report language needs for translation of notices requirement, each grantee must make pursuant to 42 U.S.C. 12708(a), 24 CFR and other vital documents for non- the following items available on its 91.520, and 24 CFR 1003.506. English speaking residents, the grantee website: The action plan (including all Alternatively, HUD is requiring that should consult the Final Guidance to amendments); each QPR (as created grantees enter information in the DRGR Federal Financial Assistance Recipients using the DRGR system); procurement system in sufficient detail to permit the Regarding Title VI, Prohibition Against policies and procedures; all executed Department’s review of grantee National Origin Discrimination contracts that will be paid with CDBG– performance on a quarterly basis Affecting Limited English Proficient MIT funds; and the status of services or through the QPR and to enable remote Persons, published on January 22, 2007, goods currently being procured (e.g., review of grantee data to allow HUD to in the Federal Register (72 FR 2732) and phase of the procurement, requirements assess compliance and risk. HUD-issued at: https://www.lep.gov/guidance/HUD_ for proposals, etc.). general and appropriation-specific guidance_Jan07.pdf. V.A.3.e. Application status and guidance for DRGR reporting V.A.3.b. Consideration of public transparency. For applications received requirements can be found on the HUD comments. The grantee must consider for CDBG–MIT assistance, the grantee exchange at: https:// all comments, received orally or in must provide multiple methods of www.hudexchange.info/programs/drgr/. V.A.4.b. DRGR action plan. Each writing, on the action plan or any communication, such as websites, toll- grantee must enter its action plan for substantial amendment. A summary of free numbers, or other means that mitigation, including performance these comments or views, and the provide applicants with timely information to determine the status of measures, into HUD’s DRGR system. As grantee’s response to each must be their application for assistance, as more detailed information about uses of submitted to HUD with the action plan provided for section V.A.1.b.(1) of this funds is identified by the grantee, it or substantial amendment. notice. must be entered into the DRGR system V.A.3.c. Availability and accessibility When a grantee seeks to competitively at a level of detail that is sufficient to of the action plan and the use of citizen award CDBG–MIT funds, the grantee serve as the basis for acceptable advisory groups. The grantee must make must publish on its CDBG–MIT website performance reports and permits HUD the action plan, any substantial the eligibility requirements for such review of compliance requirements. amendments, and all performance funding, all criteria to be used by the HUD will provide clarifying guidance as reports available to the public on its grantee in its selection of applications to the content and format of the DRGR website and on request. In addition, the for funding (including the relative action plan, which will help reflect the grantee must make these documents importance of each criterion) and the unique qualities and requirements of available in a form accessible to persons time frame for consideration of CDBG–MIT activities and ensure clear with disabilities and those with limited applications. The grantee shall maintain communication to the public. English proficiency. During the term of documentation to demonstrate that each The action plan must also be entered the grant, the grantee will provide funded and unfunded application was into the DRGR system so that the citizens, affected local governments, and reviewed and acted upon by the grantee grantee is able to draw its CDBG–MIT other interested parties with reasonable in accordance with the published funds. The grantee may enter activities and timely access to information and eligibility requirements and funding into the DRGR system before or after records relating to the action plan and criteria. submission of the written action plan to to the grantee’s use of grant funds. V.A.3.f. Citizen complaints. The HUD but will not be able to budget grant Following approval of the action plan, grantee will provide a timely written funds to these activities until after the each grantee shall form one or more response to every citizen complaint. The grant agreement has been executed. To citizen advisory committees that shall response must be provided within 15 enter an activity into the DRGR system, meet in an open forum not less than working days of the receipt of the the grantee must know the activity type, twice annually in order to provide complaint. Complaints regarding fraud, national objective, and the organization increased transparency in the waste, or abuse of government funds that will be responsible for the activity. implementation of CDBG–MIT funds, to should be forwarded to the HUD OIG In addition, a Data Universal Numbering solicit and respond to public comment Fraud Hotline (phone: 1–800–347–3735 System (DUNS) number must be entered and input regarding the grantee’s or email: [email protected]). into the system for each Responsible mitigation activities and to serve as an V.A.4. HUD performance review Organization identified in DRGR as on-going public forum to continuously authorities and grantee reporting carrying out a CDBG–MIT funded inform the grantee’s CDBG–MIT projects requirements in the Disaster Recovery activity. and programs. The grantee may also Grant Reporting (DRGR) System. A grantee will gain access to its line choose to form one or more of these V.A.4.a. Performance review of credit upon review and approval of committees as part of its process for authorities. 42 U.S.C. 5304(e) requires the initial DRGR action plan. Each preparing the initial CDBG–MIT action that the Secretary shall, at least on an activity entered into the DRGR system plan submission to HUD. annual basis, make such reviews and must also be categorized under a
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‘‘project.’’ Typically, projects are based establish program income accounts in grantee must include a description of on groups of activities that accomplish the DRGR system. The DRGR system actions taken in that quarter to a similar, broad purpose (e.g., housing, requires grantees to use program income affirmatively further fair housing, infrastructure, or economic before drawing additional grant funds within the section titled ‘‘Overall development) or are based on an area of and ensures that program income Progress Narrative’’ in the DRGR system. service (e.g., Community A). If a grantee retained by one organization will not V.A.5. Direct grant administration describes just one program within a affect grant draw requests for other and means of carrying out eligible broader category (e.g., single family organizations. activities-applicable to State grantees rehabilitation), that program is entered V.A.4.e. DRGR system Quarterly only. Requirements at 42 U.S.C. 5306(d) as a project in the DRGR system. Performance Report (QPR). Each grantee are waived to the extent necessary to Further, the budget of the program must submit a QPR through the DRGR allow a State to use its CDBG–MIT grant would be identified as the project’s system no later than 30 days following allocation directly to carry out State- budget. If a grantee has only identified the end of each calendar quarter. Within administered CDBG–MIT eligible the Method of Distribution (MOD) upon 3 days of submission to HUD, each QPR activities, rather than distribute all HUD’s approval of the published action must be posted on the grantee’s official funds to local governments. Pursuant to plan, the MOD categories typically serve website. In the event the QPR is rejected this waiver, the standard at 24 CFR as the projects in the DRGR system, by HUD, the grantee must post the 570.480(c) and the provisions at 42 rather than activity groupings. Activities revised version, as approved by HUD, U.S.C. 5304(e)(2) will also include are added to MOD projects as specific within 3 days of HUD approval. The activities that the State carries out CDBG–MIT programs and projects are grantee’s first QPR is due after the first directly. Eligible CDBG–MIT activities identified for funding. full quarter after HUD signs the grant may be carried out by the State, subject V.A.4.c. Tracking oversight activities agreement. For example, a grant to State law and consistent with the in the DRGR system; use of DRGR data agreement signed in April requires a requirement of 24 CFR 570.200(f), for HUD review and dissemination. QPR to be submitted by October 30. through its employees, through Each grantee must also enter into the QPRs must be submitted on a quarterly procurement contracts, or through DRGR system summary information on basis until all funds have been assistance provided under agreements monitoring visits and reports, audits, expended and all expenditures and with subrecipients. State grantees and technical assistance it conducts as accomplishments have been reported. If continue to be responsible for civil part of its oversight of its mitigation a satisfactory report is not submitted in rights, labor standards, and programs. The grantee’s QPR will a timely manner, HUD may suspend environmental protection requirements, include a summary indicating the access to CDBG–MIT funds until a for compliance with 24 CFR 570.489 (g) number of grantee oversight visits and satisfactory report is submitted, or may and (h) relating to conflicts of interest reports (see subparagraph e. for more withdraw and reallocate funding if HUD and for compliance with 24 CFR information on the QPR). HUD will use determines, after notice and opportunity 570.489(m) relating to monitoring and data entered into the DRGR action plan for a hearing, that the jurisdiction did management of subrecipients. and the QPR, transactional data from the not submit a satisfactory report. A State grantee may also carry out DRGR system, and other information Each QPR will include information activities in tribal areas. The State shall provided by the grantee, to provide about the uses of funds in activities coordinate with the Indian tribe with reports to Congress and the public, as identified in the DRGR action plan jurisdiction over the tribal area when well as to: (1) Monitor for anomalies or during the applicable quarter. This providing CDBG–MIT assistance to performance problems that suggest includes, but is not limited to, the beneficiaries in tribal areas. A State fraud, abuse of funds, and duplication project name, activity, location, and grantee carrying out projects in tribal of benefits; (2) reconcile budgets, national objective; funds budgeted, areas, either directly or through its obligations, funding draws, and obligated, drawn down, and expended; employees, through procurement expenditures; (3) calculate expenditures the funding source and total amount of contracts, or through assistance to determine compliance with any non-CDBG–MIT funds to be provided under agreements with administrative and public service caps expended on each activity; beginning subrecipients, must obtain the consent and the overall percentage of funds that and actual completion dates of of the Indian tribe with jurisdiction over benefit low- and moderate-income completed activities; achieved the tribal area to allow the State to carry persons; and (4) analyze the risk of performance outcomes, such as number out or to fund CDBG–MIT projects in grantee programs to determine priorities of housing units completed or number the area. Indian tribes that receive for the Department’s monitoring. of low- and moderate-income persons CDBG–MIT funding from a State grantee Grantees must establish internal served; and the race and ethnicity of must comply with applicable controls to ensure that no personally persons assisted under direct-benefit nondiscrimination requirements (see 24 identifiable information shall be activities. For all housing and economic CFR 1003.601). reported in DRGR. development activities, the address of For activities carried out by entities V.A.4.d. Tracking program income in each CDBG–MIT assisted property must eligible under section 105(a)(15) of the the DRGR system. Grantees must use the be recorded in the QPR. Grantees must HCDA, such entities will be subject to DRGR system to draw grant funds. not include such addresses in its public the description of a nonprofit under that Grantees must also use the DRGR QPR; when entering addresses in the section rather than the description system to track program income QPR, grantees must select ‘‘Not Visible located in 24 CFR 570.204, even in a receipts, disbursements, revolving loan on PDF’’ to exclude them from the case in which the entity is receiving funds, and leveraged funds (if report required to be posted on its assistance through a local government applicable). If a State provides CDBG– website. The DRGR system will that is an entitlement grantee. MIT funds to a local government and automatically display the amount of V.A.5.a. Use of administrative funds permits local governments to retain program income receipted, the amount across multiple grants. The Additional program income, or a State permits of program income reported as Supplemental Appropriations for subrecipients to retain program income disbursed, and the amount of grant Disaster Relief Act, 2019 (Pub. L. 116– prior to grant closeout, the grantee must funds disbursed in the QPR. Each 20) approved June 6, 2019, authorizes
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special treatment of grant administrative grantee performance under the V.A.8. Grant administration funds for grantees that received awards consistency criteria, is also waived. responsibilities and general under certain CDBG–DR grants (this However, this waiver applies only until administration cap. includes CDBG–MIT grants). the grantee submits its next full (3–5 V.A.8.a. Grantee responsibilities. Each Accordingly, grantees that received year) consolidated plan, or for 24 grantee shall administer its award in funds under Public Laws 114–113, 114– months after the applicability date of compliance with all applicable laws and 223, 114–254, 115–31, 115–56, 115–123, this notice, whichever is sooner. If the regulations and shall be financially and 115–254, or any future act may use grantee has not already updated its accountable for the use of all funds eligible administrative funds (up to 5 Analysis of Impediments to Fair provided for CDBG–MIT funds. percent of each grant award plus up to Housing Choice or accepted Assessment V.A.8.b. General administration cap. 5 percent of program income generated of Fair Housing (AFH) in coordination For all CDBG–MIT grantees, the CDBG by the grant) appropriated by these acts with its post-waiver consolidated plan program administration requirements without regard to the particular disaster update, HUD strongly encourages the must be modified to be consistent with appropriation from which such funds grantee do so to more accurately reflect the Appropriations Act. Accordingly, 5 originated. If the grantee chooses to housing conditions following the percent of the grant and 5 percent of exercise this authority, the grantee must qualifying disaster(s) that served as the program income generated by the grant may be used for administrative costs by ensure that it has appropriate financial basis for the CDBG–MIT allocation. controls to ensure that the amount of the grantee, units of general local grant administration expenditures for V.A.7. Requirement for consultation government, or by subrecipients. Thus, each of the aforementioned grants will during plan preparation. Currently, the the total of all costs classified as not exceed 5 percent of the total grant HCDA and HUD regulations require a administrative for any CDBG–MIT award for each grant (plus 5 percent of State grantee to consult with affected grantee must be less than or equal to the program income), review and modify its local governments in nonentitlement 5 percent cap. financial management policies and areas of the State in determining the (1) Combined technical assistance procedures regarding the tracking and State’s proposed method of distribution. and administrative expenditures cap for accounting of administration costs, as HUD is waiving 42 U.S.C. States only. The provisions of 42 U.S.C. necessary, and address the adoption of 5306(d)(2)(C)(iv), 42 U.S.C. 5306(d) and 24 CFR 570.489(a)(1)(i) and this treatment of administrative costs in 5306(d)(2)(D), 24 CFR 91.325(b)(2), and (iii) will not apply to the extent that the applicable portions of its Financial 24 CFR 91.110, and instituting the they cap administration and technical Management and Grant Compliance alternative requirement that States assistance expenditures, limit a State’s submissions as referenced in receiving a CDBG–MIT allocation ability to charge a nominal application V.A.1.a.(1).b. Grantees are reminded consult with all disaster-affected local fee for grant applications for activities that all costs incurred for administration governments (including any CDBG the State carries out directly, and must still qualify as an eligible Entitlement grantees), Indian tribes, and require a dollar-for-dollar match of State administration expense. HUD will issue local public housing authorities in funds for administrative costs exceeding additional guidance on this provision determining the use of funds. This $100,000. 42 U.S.C. 5306(d)(5) and (6) that grantees will be required to follow ensures that State grantees sufficiently are waived and replaced with the to ensure compliance and maintain assess the impacts of all areas affected alternative requirement that the proper financial controls. by the disaster. Additional guidance on aggregate total for administrative and V.A.5.b. Use of funds in response to consultation with local stakeholders can technical assistance expenditures must Hurricane Matthew and Hurricane be found in the National Disaster not exceed 5 percent of the grant Florence (State of North Carolina and Recovery Framework and its discussion amount plus 5 percent of program South Carolina only). Public Law 116– of pre- and post-disaster planning at income generated by the grant. Under 20 provides that grantees that received https://www.fema.gov/national-disaster- this alternative requirement, a State is an allocation for mitigation funding recovery-framework. limited to spending a maximum of 15 provided by Public Law 115–123 in percent of its total grant amount or $750 Grantees must consult with States, million, whichever is less, on planning response to Hurricane Matthew may use Indian tribes, local governments, the CDBG–MIT funds for the same costs. Planning costs subject to this cap Federal partners, nongovernmental are those defined in 42 U.S.C. activities, consistent with the organizations, the private sector, and requirements of the CDBG–MIT grant, in 5305(a)(12). other stakeholders and affected parties V.A.9. Operation and maintenance the most impacted and distressed areas in the surrounding geographic area to related to Hurricane Florence. waiver for CDBG–MIT program income. ensure consistency of the action plan Expenditures in the HUD-identified The provision of 24 CFR 570.207(b)(2) with applicable regional redevelopment MID areas for Hurricane Florence count generally prohibits the use of CDBG plans. As provided in sections toward the 50 percent expenditure funds for the repair, operation or V.A.1.b.(c) and V.A.2.a.(5), agencies that requirement for HUD-identified MID maintenance of public facilities, administer CDBG–MIT funds are areas outlined in section II.C. of this improvements or services. With this required to consult with any separate notice. first-time allocation of mitigation-only V.A.6. Consolidated plan waiver. agency of the jurisdiction that is funds to CDBG–DR grantees, HUD seeks HUD is temporarily waiving the responsible for development of the to help local government CDBG–MIT requirement for consistency with the FEMA HMP for the grantee’s grantees to fulfill their commitment to consolidated plan (requirements at 42 jurisdiction, including coordinating fund the operation and maintenance of U.S.C. 12706, 24 CFR 91.325(a)(5) and with the State Hazard Mitigation Officer innovative projects financed with 91.225(a)(5)), because the effects of a (SHMO). CDBG–MIT funds and to encourage new major disaster alter a grantee’s priorities Grantees are advised to maintain operating partnerships. HUD has for meeting housing, employment, and documentation of all consultations determined that good cause exists for a infrastructure needs. In conjunction, 42 required by this paragraph to waiver that will allow the limited use of U.S.C. 5304(e), to the extent that it demonstrate compliance with this CDBG–MIT program income to be used would require HUD to annually review requirement. by CDBG–MIT grantees who are units of
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local government, for the operation and the use of CDBG–MIT funds that run including the national objective of maintenance of CDBG–MIT projects. with the land. benefiting low- and moderate-income Accordingly, HUD is waiving 24 CFR State grantees are also encouraged to persons. Grantees may meet this 570.207(b)(2) to the extent necessary to use CDBG–MIT planning funds to national objective on an area basis, allow CDBG–MIT local government establish programs and policies that through an activity which is available to grantees to use program income would allow them to perform at an benefit all the residents of an area where generated by CDBG–MIT funds for the enhanced level as defined by FEMA at least 51 percent of the residents are repair, operation, and maintenance of requirements, as well as to meet the low- and moderate income. In some publicly owned projects financed with documentation requirements for a cases, HUD permits an exception to the CDBG–MIT funds, as provided in FEMA Enhanced Hazard Mitigation low- and moderate-income area benefit section V.A.19.d. of this notice. This Plan. Grantees may also partner with requirement that an area contain at least waiver shall apply only to program agency staff responsible for community 51 percent low- and moderate-income income generated by CDBG–MIT funds, floodplain management activities to residents. This exception applies to and shall not apply to the initial participate in the National Flood entitlement communities that have few, disbursement of CDBG–MIT funds or to Insurance Program’s (NFIP) Community if any, areas within their jurisdiction any CDBG–DR or CDBG funded Rating System (CRS), which is a that have 51 percent or more low- and activities or resulting CDBG–DR or voluntary incentive program that moderate-income residents. These CDBG program income. recognizes floodplain management communities are allowed to use a activities that exceed minimum NFIP V.A.10. Planning-only activities- percentage less than 51 percent to requirements. Exceeding these applicable to State grantees only. The qualify activities under the low- and requirements can result in discounted Department notes that effective moderate-income area benefit category. flood insurance premium rates which mitigation relies on some form of area- This exception is referred to as the reflect a community’s reduced flood wide or comprehensive planning ‘‘exception criteria’’ or the ‘‘upper risk. Plans shall include the required activity independent of the ultimate quartile.’’ A grantee qualifies for this Mitigation Needs Assessment of disaster source of implementation funds. To exception when fewer than one quarter risks, including anticipated effects of assist State grantees, the Department is of the populated-block groups in its future extreme weather events and other waiving the requirements at 24 CFR jurisdiction contain 51 percent or more hazards, as described in section 570.483(b)(5) or (c)(3), which limit the low- and moderate-income persons. In V.A.2.a.(1) of this notice. Additional such a community, activities must serve circumstances under which the resources to assist in this process are planning activity can meet a low- and an area that contains a percentage of available on the HUD exchange website: low- and moderate-income residents moderate-income national objective. https://www.hudexchange.info/ Instead, States must comply with 24 that is within the upper quartile of all programs/CDBG-MIT/resources/ census-block groups within its CFR 570.208(d)(4) when funding #natural-hazard-risk-and-resilience- mitigation, planning-only grants, or jurisdiction in terms of the degree of tools. concentration of low- and moderate- directly administering planning V.A.11. Overall benefit requirement. income residents. HUD assesses each activities that guide mitigation in The primary objective of the HCDA is grantee’s census-block groups to accordance with the Appropriations the ‘‘development of viable urban determine whether a grantee qualifies to Act. In addition, the types of planning communities, by providing decent use this exception and identifies the activities that States may fund or housing and a suitable living alternative percentage the grantee may undertake are expanded to be consistent environment and expanding economic use instead of 51 percent for the with those of entitlement communities opportunities, principally for persons of identified at 24 CFR 570.205, which low and moderate income’’ (42 U.S.C. purpose of qualifying activities under may include support for local and 5301(c)). This target is likely to be the low- and moderate-income area regional functional land-use plans, difficult to reach when grantees are benefit. HUD determines the lowest master plans, historic preservation pursuing community-wide or regional proportion a grantee may use to qualify plans, comprehensive plans, community mitigation measures to protect entire an area for this purpose and advises the recovery plans, resilience plans, regions or communities regardless of grantee, accordingly. CDBG–MIT development of building codes, zoning income. Therefore, this notice waives grantees are required to use the most ordinances, and neighborhood plans. the requirements at 42 U.S.C. 5301(c), recent data available in implementing Such planning activities are strongly 42 U.S.C. 5304(b)(3)(A), 24 CFR the exception criteria at https:// encouraged to be undertaken in 570.484, and 570.200(a)(3), that 70 www.hudexchange.info/programs/acs- partnership with local governments and percent of funds be used for activities low-mod-summary-data/acs-low-mod- regional planning entities, as these that benefit low- and moderate-income summary-data-exception-grantees. The policies have critical impacts on long- persons. Instead, 50 percent of CDBG– ‘‘exception criteria’’ apply to mitigation term mitigation goals and objectives. MIT funds must benefit low- and activities funded pursuant to this notice Grantees are encouraged to fund moderate-income persons. However, as in jurisdictions covered by such criteria, planning activities that align and provided in section V.A.2.a.(4), all including jurisdictions that receive integrate with FEMA’s pre-disaster grantees must prioritize the protection mitigation funds from a State.V.A.13. mitigation grant program (PDM or BRIC) of LMI individuals, and describe in the National objective waivers and and to upgrade mapping, data, and other action plan how their proposed alternative requirements applicable to capabilities to better understand programs and projects will reflect that CDBG–MIT funds. The following evolving disaster risks. Grantees may priority. waivers and alternative requirements use CDBG–MIT funds to enhance and V.A.12. Use of the ‘‘upper quartile’’ or modify national objective criteria to update real property registration and ‘‘exception criteria’’ for low- and ensure that the use of CDBG–MIT funds land information systems at the state moderate-income area benefit activities. is consistent with mitigation purposes and local level. Grantees are expected to Section 101(c) of the HCDA requires required by the Appropriations Act. have land information systems which each funded activity to meet a national V.A.13.a. Additional criteria are sufficient to track requirements on objective of the CDBG program, applicable to all mitigation activities
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funded with CDBG–MIT funds. The risks or respond to and recover from action plan the risk identified in the provisions of 24 CFR 570.483(e) and disasters, benefits outweigh costs if the Mitigation Needs Assessment that is 570.208(d) are modified by an grantee supplements its BCA with a addressed by the activity. Grantees must alternative requirement to add the qualitative description of benefits that maintain documentation of the following additional criteria for all cannot be quantified but sufficiently measurable and verifiable reduction in mitigation activities funded with demonstrate unique and concrete risk that will be achieved upon CDBG–MIT funds. To meet a national benefits of the Covered Project for low- completion of the activity. Action plans objective, all CDBG–MIT activities must: and moderate-income persons or other must be amended, as necessary, to (i) Demonstrate the ability to operate persons that are less able to mitigate ensure that this information is included for the useful life of the project. Each risks, or respond to and recover from for each activity undertaken with grantee must plan for the long-term disasters. This qualitative description CDBG–MIT funds. operation and maintenance of may include a description of how the V.A.13.d. Additional LMI national infrastructure and public facility Covered Project will provide benefits objective criteria for CDBG–MIT projects funded with CDBG–MIT funds. such as enhancing a community’s activities. In addition to other applicable The grantee must have a plan to fund economic development potential, criteria, CDBG–MIT activities can also the long-term operation and improving public health and or meet an LMI national objective if they maintenance for CDBG–MIT projects. expanding recreational opportunities. meet the criteria established in an Funding options might include State or BCAs must be completed consistent alternative requirement in section V.B.5. local resources, borrowing authority, or with the requirements of paragraph of this notice applicable to buyout retargeting of existing financial V.A.2.h.(2)(c)(ii). activities (LMB) and housing incentives resources. V.A.13.c. Additional urgent need (LMHI). (ii) Be consistent with other national objective criteria for CDBG– V.A.13.e. The UNM national objective mitigation activities. The CDBG–MIT MIT Activities. In the context of disaster and additional criteria for mitigation activity must be consistent with the recovery and the allocation of CDBG–DR activities and Covered Projects shall be other mitigation activities that the funds, the Department has historically applicable only to funds allocated by grantee will carry out with CDBG–MIT provided waivers and established an this notice. Similarly, the alternative funds in the MID area. To be consistent, alternative requirement to the urgent urgent need national objective criteria in the CDBG–MIT activity must not need national objective of the CDBG the Prior Notices does not apply to increase the risk of loss of life or program as one means of helping CDBG–MIT funds. property in a way that undermines the communities to recover quickly. V.A.13.f. Unless a grantee has benefits from other uses of CDBG–MIT Specifically, the Department has waived received prior approval from HUD, funds in the MID. the certification requirements for the CDBG–MIT activities cannot meet the V.A.13.b. Additional criteria documentation of urgent need, located CDBG national objective for the applicable to Covered Projects funded at 24 CFR 570.208(c) and 24 CFR elimination of slum and blight as with CDBG–MIT funds. The provisions 570.483(d), recognizing that in the provided at 24 CFR 570.208(b) and 24 of 24 CFR 570.483(e) and 570.208(d) are context of disaster recovery those CFR 570.483(c). Grantees shall not rely modified by an alternative requirement requirements have proven burdensome on the national objective criteria for to add the following additional criteria and redundant. elimination of slum and blighting for Covered Projects funded with The Appropriations Act directs the conditions without approval from HUD CDBG–MIT funds. To meet a national Department to allocate CDBG–MIT because this national objective generally objective, all Covered Projects must: funds to grantees that received CDBG– is not appropriate in the context of (i) Demonstrate long-term efficacy and DR funds to assist in recovery from mitigation activities. fiscal sustainability. The grantee must major federally declared disasters V.A.14. Waiver and alternative demonstrate the long-term efficacy and occurring in 2015, 2016 and 2017. To requirement for distribution to CDBG sustainability of the Covered Project by reflect the direction of the metropolitan cities and urban counties- documenting measurable outcomes or Appropriations Act to allocate funds to applicable to State grantees only. 42 reduction in risk as discussed in section grantees recovering from recent U.S.C. 5302(a)(7) (definition of V.A.2.i. of this notice, and documenting disasters and to address the ‘‘nonentitlement area’’) and provisions how the Covered Project will reflect demonstrable need for significant of 24 CFR part 570, including 24 CFR changing environmental conditions mitigation improvements by those 570.480, are waived to permit a State to (such as sea level rise or development grantees, the Department is waiving the distribute CDBG–MIT funds to units of patterns) with risk management tools, criteria for the urgent national objective local government and Indian tribes. and alter funding sources if necessary. as provided at 24 CFR 570.208(c) and 24 V.A.15. Use of subrecipients— The grantee also must establish a plan CFR 570.483(d) and is establishing an applicable to State grantees only. The for the long-term operation and alternative requirement to include new State CDBG program rule does not make maintenance of the Covered Project and urgent need national objective criteria specific provision for the treatment of include a description of this plan in its for CDBG–MIT activities. entities that the CDBG Entitlement action plan, as required by V.A.2.a.(10) To meet the alternative criteria for the program calls ‘‘subrecipients.’’ The and the additional criteria applicable to urgent need mitigation (UNM) national waiver allowing the State to directly all CDBG–MIT activities. objective, each grantee must document carry out activities creates a situation in (ii) Demonstrably benefit the MID that the activity: (i) Addresses the which the State may use subrecipients area. The benefits of the Covered Project current and future risks as identified in to carry out activities in a manner must outweigh the costs of the Covered the grantee’s Mitigation Needs similar to an entitlement community. Project. Benefits outweigh costs if the Assessment of most impacted and Therefore, for States taking advantage of BCA results in a benefit-to-cost ratio distressed areas; and (ii) will result in a the waiver to carry out activities greater than 1.0. Alternatively, for a measurable and verifiable reduction in directly, the requirements at 24 CFR Covered Project that serves low- and the risk of loss of life and property. 570.502, 570.503, and 570.500(c) apply. moderate-income persons or other To meet the UNM national objective V.A.16. Recordkeeping. When a State persons that are less able to mitigate criteria, grantees must reference in their carries out activities directly, 24 CFR
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570.490(b) is waived, and the following of CDBG–MIT grant funds. Additional special assessments are used to recover alternative provision shall apply: The information about this training will be all or part of the CDBG–MIT portion of State shall establish and maintain such posted on the HUD website. a public improvement. records as may be necessary to facilitate V.A.19. Program income alternative (j) Gross income paid to a State, local review and audit by HUD of the State’s requirement. The Department is waiving government, or a subrecipient thereof, administration of CDBG–MIT funds, applicable program income rules at 42 from the ownership interest in a for- under 24 CFR 570.493. Consistent with U.S.C. 5304(j) and 24 CFR 570.489(e), profit entity in which the income is in applicable statutes, regulations, waivers 570.500 and 570.504 only to the extent return for the provision of CDBG–MIT and alternative requirements, and other necessary to provide additional assistance. Federal requirements, the content of flexibility to State and local government (2) ‘‘Program income’’ does not records maintained by the State shall be as described below. The alternative include the following: sufficient to: (1) Enable HUD to make requirements provide guidance (a) The total amount of funds that is the applicable determinations described regarding the use of program income less than $35,000 received in a single at 24 CFR 570.493; (2) make compliance received before and after grant close out year and retained by a State, local determinations for activities carried out and address revolving loan funds. government, or a subrecipient thereof. directly by the State; and (3) show how V.A.19.a. Definition of program (b) Amounts generated by activities activities funded are consistent with the income. eligible under section 105(a)(15) of the descriptions of activities proposed for (1) For purposes of this notice, HCDA and carried out by an entity funding in the action plan and/or DRGR ‘‘program income’’ is defined as gross under the authority of section 105(a)(15) system. For fair housing and equal income generated from the use of of the HCDA. opportunity (FHEO) purposes, as CDBG–MIT funds received by a State, V.A.19.b. Retention of program applicable, such records shall include local government, or a subrecipient of a income. State grantees may permit a data on the racial, ethnic, and gender State or local government, except as local government or Indian tribe that characteristics of persons who are provided in subparagraph (d) of this receives or will receive program income applicants for, participants in, or paragraph. When income is generated to retain the program income but are not beneficiaries of the program. All by an activity that is only partially required to do so. grantees must report FHEO data in the assisted with CDBG–MIT funds, the V.A.19.c. Program income—use, close DRGR system at the activity level. income shall be prorated to reflect the out, and transfer. V.A.17. Change of use of real percentage of CDBG–MIT funds used (1) Program income received (and property, applicable to State grantees (e.g., a single loan supported by CDBG– retained, if applicable) before or after only. This alternative requirement MIT funds and other funds; a single close out of the CDBG–MIT grant that conforms the change of use of real parcel of land purchased with CDBG generated the program income, and used property rule to the waiver allowing a funds and other funds). Program income to continue mitigation activities, is State to carry out activities directly. For includes, but is not limited to, the treated as additional CDBG–MIT funds purposes of this program, all references following: subject to the requirements of this to ‘‘unit of general local government’’ in (a) Proceeds from the disposition by notice and must be used for mitigation 24 CFR 570.489(j), shall be read as sale or long-term lease of real property activities in accordance with the ‘‘State, unit of general local government purchased or improved with CDBG–MIT grantee’s action plan. To the maximum (UGLG) or State subrecipient.’’ funds. extent feasible, program income shall be V.A.18. Responsibility for review and (b) Proceeds from the disposition of used or distributed before additional handling of noncompliance-applicable equipment purchased with CDBG–MIT withdrawals from the U.S. Treasury are to State grantees only. This change is in funds. made, except as provided in sections conformance with the waiver allowing (c) Gross income from the use or V.A.19.d. and e. the State to carry out activities directly. rental of real or personal property (2) In addition to the regulations 24 CFR 570.492 is waived and the acquired by a State, local government, addressing program income found at 24 following alternative requirement or subrecipient thereof with CDBG–MIT CFR 570.489(e) and 570.504, the applies for any State receiving a direct funds, less costs incidental to generation following rules apply: A State grantee CDBG–MIT grant: The State shall make of the income (i.e., net income). may transfer program income to its reviews and audits, including on-site (d) Net income from the use or rental annual CDBG program before close out reviews of any subrecipients, designated of real property owned by a State, local of the grant that generated the program public agencies, and local governments, government, or subrecipient thereof, income. In addition, a State grantee may as may be necessary or appropriate to that was constructed or improved with transfer program income before close meet the requirements of section CDBG–MIT funds. out to any annual CDBG-funded 104(e)(2) of the HCDA, as amended, as (e) Payments of principal and interest activities carried out by a local modified by this notice. In the case of on loans made using CDBG–MIT funds. government within the State. Program noncompliance with these (f) Proceeds from the sale of loans income received by a grantee after close requirements, the State shall take such made with CDBG–MIT funds. out of the grant that generated the actions as may be appropriate to prevent (g) Proceeds from the sale of program income, may also be a continuance of the deficiency, mitigate obligations secured by loans made with transferred to a grantee’s annual CDBG any adverse effects or consequences, CDBG–MIT funds. award. In all cases, any program income and prevent a recurrence. The State (h) Interest earned on program income received that is not used to continue the shall establish remedies for pending disposition of the income, mitigation activity will not be subject to noncompliance by any designated including interest earned on funds held the waivers and alternative subrecipients, public agencies, or local in a revolving fund account. requirements of this notice. Rather, governments. (i) Funds collected through special those funds will be subject to the Each CDBG–MIT grantee shall attend assessments made against grantee’s regular CDBG program rules. and require subrecipients to attend nonresidential properties and properties V.A.19.d. Repair, operation and fraud related training provided by HUD owned and occupied by households not maintenance of certain CDBG–MIT OIG to assist in the proper management low- and moderate-income, where the projects.
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Local government CDBG–MIT extent that it requires pre-award income dwelling units that are damaged grantees may use program income to activities to be included in a by the disaster and not suitable for reimburse its agencies for the repair, consolidated plan. Each grantee must rehabilitation. The one-for-one operation and maintenance of publicly include all pre-award activities in its replacement requirements generally owned and operated projects funded action plan. apply to demolished or converted with CDBG–MIT funds, provided that: Under the Prior Notices, grantees occupied and vacant occupiable lower- (1) The agency that owns and operates were permitted to charge to grants the income dwelling units. This waiver the project has entered into a written pre-award and preapplication costs of exempts disaster-damaged units that agreement with the grantee that homeowners, businesses, and other meet the grantee’s definition of ‘‘not commits the agency to providing not qualifying entities for certain eligible suitable for rehabilitation’’ from the one- less than fifty percent of funds recovery costs they incurred within one for-one replacement requirements. necessary for the annual repair, year of a qualified disaster. Because the Before carrying out activities that may operating and maintenance costs of the one-year period has passed for all be subject to the one-for-one project; and (2) the grantee adopts grantees receiving an allocation replacement requirements, the grantee policies and procedures to provide for pursuant to this notice and because must define ‘‘not suitable for the grantee’s regular, on-site inspection CDBG–MIT funds are provided in order rehabilitation’’ in its action plan or in of the project in order to ensure its to reduce risks from future disasters, policies and procedures governing these proper repair, operation and CDBG–MIT funds shall not be used to activities. A grantee with questions maintenance. State grantees may request reimburse homeowners, businesses or about one-for-one replacement a waiver from the Department for the entities (other than grantees, local requirements is encouraged to contact use of program income for this purpose. governments, and subrecipients the HUD regional relocation specialist V.A.19.e. Revolving loan funds. State described above) for mitigation responsible for its jurisdiction. grantees and local governments may activities completed prior to the HUD is waiving the section 104(d) establish revolving funds to carry out applicability date of this notice. one-for-one replacement requirement for specific, identified mitigation activities. V.A.21. Prohibition on forced lower-income dwelling units that are A revolving fund, for this purpose, is a mortgage payoff. In some instances, damaged by the disaster and not separate fund (with a set of accounts mortgage agreement terms require suitable for rehabilitation because it that are independent of other program homeowners to repay the balance of the does not account for the large, sudden accounts) established to carry out mortgage loan with assistance received changes that a major disaster may cause specific mitigation activities. These to rehabilitate, reconstruct or elevate the to the local housing stock, population, activities generate payments used to home in order to make the home more or economy. Further, the requirement support other mitigation activities going resilient. CDBG–MIT funds, however, may discourage grantees from forward. These payments to the may not be used to repay a mortgage converting or demolishing disaster- revolving fund are program income and loan in whole or in part under this type damaged housing when excessive costs must be substantially disbursed from of ‘‘forced mortgage payoff’’ provision. would result from replacing all such the revolving fund before additional The ineligibility of a forced mortgage units. Disaster-damaged housing CDBG–MIT grant funds are drawn from payoff with CDBG–MIT funds does not structures that are not suitable for the U.S. Treasury for payments that affect HUD’s longstanding guidance that rehabilitation can pose a threat to public could be funded from the revolving when other non-CDBG disaster health and safety and to economic fund. Such program income is not assistance is taken by lenders for a development. Grantees must reassess required to be disbursed for forced mortgage payoff, those funds are post-disaster population and housing nonrevolving fund activities. not considered to be available to the needs to determine the appropriate type State grantees may also establish a homeowner and do not constitute a and amount of lower-income dwelling revolving fund to distribute funds to duplication of benefits. units to rehabilitate and/or rebuild. local governments to carry out specific, V.A.22. One-for-one replacement Grantees should note that the identified mitigation activities. The housing, relocation, and real property demolition and/or disposition of PHA- same requirements, outlined above, acquisition Requirements. Activities owned public housing units is covered apply to this type of revolving loan and projects undertaken with CDBG– by section 18 of the United States fund. MIT funds are subject to the Uniform Housing Act of 1937, as amended, and A revolving fund established by a Relocation Assistance and Real Property 24 CFR part 970. grantee or local government shall not be Acquisition Policies Act of 1970, as V.A.22.b. Relocation assistance. The directly funded or capitalized with grant amended, (42 U.S.C. 4601 et seq.) relocation assistance requirements at funds. (‘‘URA’’) and section 104(d) of the section 104(d)(2)(A) of the HCDA and 24 V.A.20. Limitation on reimbursement. HCDA (42 U.S.C. 5304(d)) (Section CFR 42.350 are waived to the extent that The provisions of 24 CFR 570.489(b) are 104(d)). The implementing regulations they differ from the requirements of the applied to permit a State grantee to for the URA are at 49 CFR part 24. The URA and implementing regulations at charge to the grant eligible pre-award regulations for section 104(d) are at 24 49 CFR part 24, as modified by this costs incurred by itself, its recipients or CFR part 42, subpart C. For the purpose notice, for activities related to subrecipients (including public housing of promoting the availability of decent, mitigation. Without this waiver, authorities (PHAs)) that are associated safe, and sanitary housing, HUD is disparities exist in relocation assistance with CDBG–MIT funds and comply with waiving the following URA and section associated with activities typically grant requirements. A local government 104(d) requirements with respect to the funded by HUD and FEMA (e.g., grantee is subject to the provisions of 24 use of CDBG–MIT funds: buyouts and relocation). Both FEMA CFR 570.200(h) but may reimburse itself V.A.22.a. Section 104(d) one-for-one and CDBG funds are subject to the or its subrecipients for eligible pre- replacement. One-for-one replacement requirements of the URA; however, award costs that are associated with requirements at section 104(d)(2)(A)(i) CDBG funds are subject to section CDBG–MIT funds and comply with and (ii) and (d)(3) of the HCDA and 24 104(d), while FEMA funds are not. The grant requirements. Section 24 CFR CFR 42.375 are waived in connection URA provides at 49 CFR 24.402(b) that 570.200(h)(1)(i) will not apply to the with CDBG–MIT funds for lower- a displaced person is eligible to receive
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a rental assistance payment that is funds may establish optional relocation the Secretary administers in connection calculated to cover a period of 42 policies or permit their subrecipients to with the obligation of funds made months. By contrast, section 104(d) establish separate optional relocation available by this notice, or the grantees’ allows a lower-income displaced person policies. This waiver is intended to use of these funds. The Department has to choose between the URA rental provide grantees with maximum determined that good cause exists for a assistance payment and a rental flexibility in developing optional waiver and that such waiver is not assistance payment calculated over a relocation policies with CDBG–MIT inconsistent with the overall purposes period of 60 months. This waiver of the funds. of title I of the HCDA. section 104(d) relocation assistance V.A.22.f. Waiver of Section 414 of the (1) The waiver will simplify the requirements assures uniform and Stafford Act. Section 414 of the Stafford administration of mitigation programs equitable treatment by setting the URA Act (42 U.S.C. 5181) provides that and projects and reduce the and its implementing regulations as the ‘‘Notwithstanding any other provision administrative burden associated with sole standard for relocation assistance of law, no person otherwise eligible for the implementation of Stafford Act for CDBG–MIT funds. any kind of replacement housing Section 414 requirements for projects V.A.22.c. Tenant-based rental payment under the Uniform Relocation commencing more than one year after assistance. The requirements of sections Assistance and Real Property the date of the Presidentially declared 204 and 205 of the URA, and 49 CFR Acquisition Policies Act of 1970 (Pub. L. disaster. (2) This waiver does not apply with 24.2(a)(6)(vii), 24.2(a)(6)(ix), and 91–646) [42 U.S.C. 4601 et seq.] respect to persons that meet the 24.402(b) are waived to the extent [‘‘URA’’] shall be denied such eligibility necessary to permit a grantee to meet all occupancy requirements to receive a as a result of his being unable, because or a portion of a grantee’s replacement replacement housing payment under the of a major disaster as determined by the housing payment obligation to a URA nor does it apply to persons President, to meet the occupancy displaced tenant by offering rental displaced or relocated temporarily by requirements set by [the URA].’’ housing through a tenant-based rental other HUD-funded programs or projects. Accordingly, homeowner occupants and assistance (TBRA) housing program Such persons’ eligibility for relocation tenants displaced from their homes subsidy (e.g., Section 8 rental voucher assistance and payments under the URA because of the identified disaster and or certificate), provided that comparable is not impacted by this waiver. who would have otherwise been replacement dwellings are made V.A.23. Environmental requirements. displaced as a direct result of any available to the tenant in accordance V.A.23.a. Clarifying note on the with 49 CFR 24.204(a) where the owner acquisition, rehabilitation, or process for environmental release of is willing to participate in the TBRA demolition of real property for a funds when a State carries out activities program, and the period of authorized federally-funded program or project may directly. Usually, a State distributes assistance is at least 42 months. Failure become eligible for a replacement CDBG funds to local governments and to grant this waiver would impede the housing payment notwithstanding their takes on HUD’s role in receiving grantee’s actions whenever TBRA inability to meet occupancy environmental certifications from the program subsidies are available but requirements prescribed in the URA. grant recipients and approving releases funds for cash replacement housing Section 414 of the Stafford Act of funds. For this grant, HUD will allow payments are limited and such (including its implementing regulation a State grantee to also carry out payments are required by the URA to be at 49 CFR 24.403(d)(1)), is waived to the activities directly, in addition to based on a 42-month term. extent that it would apply to real distributing funds to subrecipients. V.A.22.d. Arm’s length voluntary property acquisition, rehabilitation or Thus, per 24 CFR 58.4, when a State purchase. The requirements at 49 CFR demolition of real property for a CDBG– carries out activities directly, the State 24.101(b)(2)(i) and (ii) are waived to the MIT funded project commencing more must submit the Certification and extent that they apply to an arm’s length than one year after the Presidentially Request for Release of Funds to HUD for voluntary purchase carried out by a declared disaster undertaken by the approval. person who was allocated CDBG–MIT grantees, or subrecipients, provided that V.A.23.b. Adoption of another funds and does not have the power of the project was not planned, approved, agency’s environmental review. In eminent domain, in connection with the or otherwise underway prior to the accordance with the Appropriations purchase and occupancy of a principal disaster. For purposes of this paragraph, Act, grant recipients of Federal funds residence by that person. Given the a CDBG–MIT funded project shall be that use such funds to supplement often-large-scale acquisition needs of determined to have commenced on the Federal assistance provided under grantees, this waiver is necessary to earliest of: (1) The date of an approved sections 402, 403, 404, 406, 407, reduce burdensome administrative Request for Release of Funds and 408(c)(4) or 502 of the Stafford Act may requirements to implement mitigation certification, or (2) the date of adopt, without review or public activities. Grantees are reminded that completion of the site-specific review comment, any environmental review, tenants occupying real property when a program utilizes Tiering, or (3) approval, or permit performed by a acquired through voluntary purchase the date of sign-off by the approving Federal agency, and such adoption shall may be eligible for relocation assistance. official when a project converts to satisfy the responsibilities of the V.A.22.e. Optional relocation policies. exempt under 24 CFR 58.34(a)(12). The recipient with respect to such The regulation at 24 CFR 570.606(d) is Department has surveyed other federal environmental review, approval, or waived to the extent that it requires agencies’ interpretation and permit that is required by the HCDA. optional relocation policies to be implementation of Section 414 and The grant recipient must notify HUD in established at the grantee level. Unlike found varying views and strategies for writing of its decision to adopt another the regular CDBG program, States may long-term, post-disaster projects agency’s environmental review. The carry out mitigation activities directly or involving the acquisition, rehabilitation, grant recipient must retain a copy of the through subrecipients, but 24 CFR or demolition of disaster-damaged review in the grantee’s environmental 570.606(d) does not account for this housing. The Secretary has the authority records. distinction. This waiver makes clear to waive provisions of the Stafford Act V.A.23.c. Unified federal review. that grantees receiving CDBG–MIT and its implementing regulations that Section 1106 of the Sandy Recovery
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Improvement Act (Div. B of Pub. L. 113– is a means of making the environmental agencies to process environmental 2, enacted January 29, 2013) directed review process more efficient by reviews and authorization decisions for the establishment of an ‘‘expedited and allowing parties to ‘‘eliminate repetitive ‘‘major infrastructure projects’’ as One unified interagency review process to discussions of the same issues and to Federal Decision (OFD). As CDBG–MIT ensure compliance with environmental focus on the actual issues ripe for grantees assume authority to conduct and historic requirements under Federal decision at each level of environmental environmental reviews, they should law relating to disaster recovery review’’ (40 CFR 1502.20). In addition, implement the following elements of the projects, in order to expedite the ‘‘tiering is appropriate when there is a OFD policy set forth in E.O. 13807 for recovery process, consistent with requirement to evaluate a policy of major infrastructure projects, and applicable law.’’ The process aims to proposal in the early stages of further clarified in M–19–20 Guidance coordinate environmental and historic development a policy or proposal in the on the Applicability of E.O. 13807 to preservation reviews to expedite early stages of development or when Responsible Entities Assuming planning and decision-making for site-specific analysis or mitigation is not Department of Housing and Urban disaster recovery projects, including currently feasible and a more narrow or Development Environmental Review mitigation projects undertaken to avert focused analysis is better done at a later Responsibilities [https:// the impact of future disasters. Grantees date’’ (24 CFR 58.15). Tiering is www.whitehouse.gov/wp-content/ receiving an allocation of CDBG–MIT appropriate when a Responsible Entity uploads/2019/06/M-19-20.pdf]. CDBG– funds are encouraged to participate in is evaluating a single-family housing MIT grantees should: (1) Seek to this process as one means of expediting program with similar activities within a complete environmental reviews and the implementation of mitigation defined local geographic area and authorization decisions for major projects that will assist in recovery from timeframe (e.g., rehabilitating single- infrastructure projects in not more than future disasters. Tools for the unified family homes within a city district or an average of two years, measured from federal review process (UFR) process county over the course of 1 to 5 years) the Notice of Intent (NOI) to prepare an can be found here: http:// but where the specific sites and Environmental Impact Statement (EIS) www.fema.gov/unified-federal- activities are not yet known. to the issuance of the Record of Decision environmental-and-historic- A tiered review consists of two stages: (ROD); (2) Develop a Permitting preservation-review-presidentially- A broad-level review and subsequent Timetable that includes milestones for declared-disasters. site-specific reviews. The broad-level applicable environmental reviews and V.A.23.d. Release of funds. In review will identify and evaluate the authorizations and is updated at least accordance with the Appropriations issues that can be fully addressed and quarterly on the Permitting Dashboard Act, and notwithstanding 42 U.S.C. resolved, notwithstanding possible (www.permits.performance.gov); (3) 5304(g)(2), the Secretary may, upon limited knowledge of the project. In Coordinate with cooperating and receipt of a Request for Release of Funds addition, it must establish the participating Federal agencies, to and Certification, immediately approve standards, constraints, and processes to develop a single EIS and coordinate a the release of funds for an activity or be followed in the site-specific reviews. single ROD; (4) Seek to ensure that all project assisted with CDBG–MIT funds An 8-Step Decision Making Process for necessary authorization decisions for if the recipient has adopted an Floodplains and Wetlands, including the construction of the project are environmental review, approval, or early and final public notices can be completed within 90 days of issuance of permit under section V.A.23.b. above, or completed on a county-wide basis for the ROD; and (5) Seek to ensure that the activity or project is categorically single-family housing programs funded there is an effective process in place to excluded from review under the with CDBG–MIT funds. As individual elevate instances in which a Permitting National Environmental Policy Act of sites are selected for review, the site- Timetable milestone is missed or 1969 (42 U.S.C. 4321 et seq.). specific reviews evaluate the remaining extended, or is anticipated to be missed V.A.23.e. Historic preservation issues based on the policies established or extended, to higher officials reviews. To facilitate expedited historic in the broad-level review. Together, the (including senior responsible entity preservation reviews under section 106 broad-level review and all site-specific leadership) for timely resolution, and of the National Historic Preservation Act reviews will collectively comprise a that if follow such process. of 1966 (54 U.S.C. Section 306108), complete environmental review V.A.24. Duplication of benefits. HUD strongly encourages grantees to addressing all required elements. Public Section 312 of the Stafford Act, as allocate general administration funds to notice and the Request for Release of amended, generally prohibits any retain a qualified historic preservation Funds (HUD-Form 7015.15) are person, business concern, or other entity professional and support the capacity of processed at the broad-level, unless from receiving financial assistance with the State Historic Preservation Officer/ there are unanticipated impacts or respect to any part of a loss resulting Tribal Historic Preservation Officer to impacts not adequately addressed in the from a major disaster for which such review CDBG–MIT projects. For more prior review, eliminating the need for person, business concern, or other entity information on qualified historic publication at the site-specific level. has received financial assistance under preservation professional qualifications However, funds cannot be spent or any other program or from insurance or standards see https://www.nps.gov/ committed on a specific site or activity any other source. To comply with history/local-law/arch_stnds_9.htm. until the site-specific review have been Section 312 and the requirement that all V.A.23.f. Tiered environmental completed for the site. costs are necessary and reasonable, each reviews. HUD encourages grantees as V.A.23.g. Discipline and grantee must ensure that each activity Responsible Entities to develop a Tiered accountability in the environmental provides assistance to a person or entity approach to streamline the review and permitting of infrastructure only to the extent that the person or environmental review process for projects. Executive Order 13807, signed entity has a mitigation need that has not whenever the action plan contains a by the President on August 15, 2017, been fully met. program with multiple, similar activities establishes a coordinated, predictable Accordingly, grantees must comply that will result in similar impacts (e.g. and transparent process for the review with the requirements of the 2019 DOB single-family housing programs). and permitting of infrastructure Notice. Requirements on CDBG–DR Tiering, as defined in 40 CFR 1508.28, projects. E.O. 13807 requires Federal funds and CDBG–DR grants in the 2019
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DOB Notice shall apply equally to State agency, the administering agency and establishing an alternative CDBG–MIT funds and CDBG–MIT may specify in its procurement policies requirement, providing that each grants. As described in the 2019 DOB and procedures whether the agency grantee must expend fifty percent of its Notice, all CDBG–MIT grants are subject implementing the program must follow allocation of CDBG–MIT funds on to the requirement under the tenth the procurement policies and eligible activities within six years of proviso following the Community procedures that the administering HUD’s execution of the grant agreement Development Fund heading of Public agency is subject to, or whether the and one hundred percent of its Law 115–123 (Declined Loans agency must follow the same policies allocation within twelve years of HUD’s Provision) and the requirements for its and procedures to which other local execution of the grant agreement absent implementation in the 2019 DOB governments and subrecipients are a waiver and alternative requirement as Notice. The Declined Loan Provision subject. requested by the grantee and approved states: ‘‘Provided further, That with Local government grantees in direct by HUD. A grantee request for a waiver respect to any such duplication of receipt of CDBG–MIT funds must of an expenditure deadline must benefits, the Secretary and any grantee comply with the specific applicable document the grantee’s progress in the under this section shall not take into procurement standards identified in 2 implementation of the grant; outline the consideration or reduce the amount CFR 200.318 through 200.326 (subject to long-term nature and complexity of the provided to any applicant for assistance 2 CFR 200.110, as applicable). mitigation programs and projects that from the grantee where such applicant HUD may request periodic updates have yet to be fully implemented; and applied for and was approved, but from any grantee that uses contractors. propose an alternative deadline for the declined assistance related to such A contractor is a third-party person or expenditure of the funds. major disasters that occurred in 2014, organization from which the grantee V.A.27. Review of continuing capacity 2015, 2016, and 2017 from the Small acquires goods or services through a to carry out CDBG-funded activities in a procurement process, consistent with Business Administration under section timely manner. If HUD determines that the procurement requirements in the 7(b) of the Small Business Act (15 the grantee has not carried out its CDBG program regulations. HUD is U.S.C. 636(b)).’’ CDBG–MIT activities and certifications establishing an additional alternative The 2019 DOB Notice also in accordance with the requirements for requirement for all contracts with implements requirements resulting from CDBG–MIT funds, HUD will undertake contractors used to provide discrete recent amendments to section 312 of the a further review to determine whether services or deliverables only, as follows: Stafford Act that only apply to CDBG– or not the grantee has the continuing MIT grantees receiving an allocation as • The grantee (or procuring entity) is capacity to carry out its activities in a a result of disasters occurring in 2016 required to clearly state the period of timely manner. In making the and 2017. FEMA, the agency that performance or date of completion in all determination, the Department will administers the Stafford Act, has contracts; consider the nature and extent of the advised that pursuant to recent • The grantee (or procuring entity) recipient’s performance deficiencies, amendments to Section 312 of the must incorporate performance types of corrective actions the recipient Stafford Act in the DRRA, for disasters requirements and liquidated damages has undertaken, and the success or occurring between 2016 and 2021, a or, for administrative and consultant likely success of such actions, and apply loan is not a duplication of other forms contracts, penalties, into each procured the corrective and remedial actions of financial assistance, provided that all contract. Contracts that describe work specified in section V.A.28. below. Federal assistance is used toward a loss performed by general management suffered as a result of a major disaster consulting services need not adhere to V.A.28. Corrective and remedial or emergency. The most common source this requirement; and actions. To ensure compliance with the of loans for physical and economic • The grantee (or procuring entity) requirements of the Appropriations Act disaster recovery losses and related may contract for administrative support and to effectively administer CDBG– mitigation measures that have but may not delegate or contract to any MIT grants in a manner that facilitates historically constituted a duplication of other party any inherently governmental resilience, particularly the alternative benefits are loans offered by the U.S. responsibilities related to management requirements permitting States to act Small Business Administration (SBA). of the grant, such as oversight, policy directly to carry out eligible activities, CDBG–MIT grantees receiving an development, monitoring, internal HUD is waiving 42 U.S.C. 5304(e) to the allocation as a result of a 2015 disaster auditing, and financial management. extent necessary to establish the are not subject to the provisions of Technical assistance resources for following alternative requirement: HUD DRRA. procurement are available to grantees may undertake corrective and remedial V.A.25. Procurement. State grantees either through HUD staff or through actions for States in accordance with the must comply with the procurement technical assistance providers engaged authorities applicable to entitlement requirements at 24 CFR 570.489(g) and by HUD or a grantee. grantees in subpart O (including evaluate the cost or price of the product V.A.26. Timely distribution of funds. corrective and remedial actions in 24 or service. State grantees shall establish The Appropriations Act, as amended, CFR 570.910, 570.911, and 570.913) or requirements for procurement policies requires that funds provided under the under subpart I of the CDBG regulations and procedures for local governments Act be expended within two years of the at 24 CFR part 570. In response to a and subrecipients based on full and date that HUD obligates funds to a deficiency, HUD may issue a warning open competition consistent with the grantee and authorizes the Office of letter followed by a corrective action requirements of 24 CFR 570.489(g), and Management and Budget (OMB) to plan that may include a management shall require an evaluation of the cost or provide a waiver of this requirement. plan which assigns responsibility for price of the product or service OMB has provided HUD with a waiver further administration of the grant to (including professional services like of this two-year expenditure specific entities or persons. Failure to legal services or case management). requirement. HUD is also waiving the comply with a corrective action may Additionally, if the State agency provisions at 24 CFR 570.494 and 24 result in the termination, reduction or designated as the administering agency CFR 570.902 regarding timely limitation of payments to a grantee chooses to provide funding to another distribution and expenditure of funds receiving CDBG–MIT funds.
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V.A.29. Noncompliance and grant 2010 ADA Standards. The HUD notice Mitigation Needs Assessment and to conditions. Failure to implement a on ‘‘Nondiscrimination on the Basis of require the following construction CDBG–MIT grant in accordance with a Disability in Federally Assisted standards on structures constructed, grantee’s approved financial Programs and Activities,’’ 79 FR 29671 reconstructed, or rehabilitated with certification, the capacity and (May 23, 2014), explains when HUD CDBG–MIT funds as part of activities implementation plan, the action plan, as recipients can use 2010 ADA Standards eligible under 42 U.S.C. 5305(a). All well as grant conditions established by with exceptions, as an alternative to references to ‘‘substantial damage’’ and the Department or other applicable UFAS to comply with Section 504. ‘‘substantial improvement’’ shall be as requirements, shall constitute a The following portion of the notice defined in 44 CFR 59.1 unless otherwise performance deficiency. To correct that details the waivers and alternative noted. deficiency, the Department may exercise requirements typically established in V.B.1.a. Green building standard for any of the corrective and remedial CDBG–DR Federal Register notices, replacement and new construction of actions authorized in subpart O of the modified as necessary to reflect the residential housing. Grantees are CDBG regulations (including corrective distinct purpose of CDBG–MIT funds. encouraged to meet the Green Building and remedial actions in 24 CFR 570.910, The Department continues to authorize Standard in this subparagraph for: (i) 570.911, and 570.913) or under subpart these modified waivers and alternative All new construction of residential I of the CDBG regulations at 24 CFR part requirements as this notice cannot buildings and (ii) all replacement of 570. Grantees are advised that such anticipate every type of mitigation substantially damaged residential remedies may include suspension of project that will be proposed by buildings. Replacement of residential administrative funds as well as a grantees. These activity-based waivers buildings may include reconstruction reduction of the grantee’s CDBG–MIT and alternative requirements are (i.e., demolishing and rebuilding a grant, its CDBG–DR grants, or its annual intended to provide grantees with housing unit on the same lot in CDBG grant. continued flexibility in the design and substantially the same manner) and may The Department may also establish implementation of comprehensive include changes to structural elements special grant conditions for individual mitigation programs and projects. A such as flooring systems, columns, or CDBG–MIT grants to mitigate the risks program or project that meets these load-bearing interior or exterior walls. posed by the grantee, including risks criteria is eligible for mitigation funding V.B.1.b. Implementation of green related to the grantee’s capacity to carry even when it also responds to a building standard. For purposes of this out the specific programs and projects remaining unmet recovery need arising notice, the Green Building Standard proposed in its action plan. These from a qualified disaster that served as means that the grantee will consider conditions will be designed to provide the basis for its CDBG–MIT allocation. meeting one of the following industry additional assurances that mitigation recognized standards for all V.B. Housing and Related Floodplain programs are implemented in a manner construction covered by section V.B.1.a. Issues to prevent waste, fraud, and abuse and above through implementation of one or that mitigation projects are effectively V.B.1. Housing-related eligibility more of the following programs: (i) operated and maintained. waivers. The broadening of eligible ENERGY STAR (Certified Homes and V.A.30. Reduction, withdrawal, or activities under the HCDA is necessary Multifamily High-Rise), (ii) Enterprise adjustment of a grant, or other in the context of mitigation activities, to Green Communities, (iii) LEED (New appropriate action. address the current and future risks Construction, Homes, Midrise, Existing Prior to a reduction, withdrawal, or arising from the disaster that qualified Buildings Operations and Maintenance, adjustment of a CDBG–MIT grant, or grantees for CDBG–MIT funds. As or Neighborhood Development), (iv) other actions taken pursuant to this described in section II of this notice, all ICC–700 National Green Building section, the recipient shall be notified of housing activities implemented with Standard, (v) EPA Indoor AirPlus the proposed action and be given an CDBG–MIT funds must include (ENERGY STAR a prerequisite) or (vi) opportunity for an informal mitigation measures that address the any other equivalent comprehensive consultation. Consistent with the current and future disaster risks as green building program acceptable to procedures described for CDBG–MIT identified in the grantee’s Mitigation HUD. Grantees should identify, in each funds, the Department may adjust, Needs Assessment. project file, which Green Building reduce, or withdraw the CDBG–MIT Therefore, 42 U.S.C. 5305(a)(24)(A) Standard will be used, if any, on any grant or take other actions as and (D) is waived to the extent building covered by section V.B.1.a appropriate, except for funds that have necessary to allow: (1) Homeownership above. been expended for eligible, approved assistance for households earning up to V.B.1.c. Standards for rehabilitation activities. 120 percent of the area median income; of nonsubstantially damaged residential V.A.31. Federal accessibility and (2) down payment assistance for up buildings. For rehabilitation activities requirements. Grantees are reminded to 100 percent of the down payment. undertaken to address risks identified in that the use of CDBG–MIT funds must While homeownership assistance may the grantee’s Mitigation Needs meet accessibility standards, including, be provided to households earning up to Assessment (other than that described but not limited to, the Fair Housing Act, 120 percent of the area median income, in V.B.1.a above) grantees are Section 504 of the Rehabilitation Act, only those funds used for households encouraged to consider guidelines and Titles II and III of the Americans with up to 80 percent of the area median specified in the HUD CPD Green with Disabilities Act. Grantees should income may qualify as meeting the low- Building Retrofit Checklist, available at review the Fair Housing Act and moderate-income person benefit https://www.hudexchange.info/ Accessibility Guidelines at https:// national objective. resource/3684/guidance-on-the-cpd- www.hud.gov/program_offices/fair_ In addition, 42 U.S.C. 5305(a) and 24 green-building-checklist/. Grantees are housing_equal_opp/disabilities/fhefhag, CFR 570.207(b)(3) is waived and encouraged to incorporate these the Uniform Federal Accessibility alternative requirements adopted to the guidelines on the rehabilitation work Standards (UFAS) at https:// extent necessary to permit new housing undertaken, including the use of mold www.hudexchange.info/resource/796/ construction that addresses disaster resistant products when replacing ufas-accessibility-checklist/, and the risks identified in the grantee’s surfaces such as drywall. When older or
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obsolete products are replaced as part of an ‘‘activity for which even a slight In undertaking a large-scale migration the rehabilitation work, it is encouraged chance of flooding would be too great, or relocation recovery effort that is that rehabilitation use ENERGY STAR- because such flooding might result in intended to move households out of labeled, WaterSense-labeled, or Federal loss of life, injury to persons or damage high-risk areas, the grantee must Energy Management Program (FEMP)- to property.’’ For example, Critical consider how it can protect and sustain designated products and appliances. For Actions include hospitals, nursing the impacted community and its assets. example, if the furnace, air conditioner, homes, police stations, fire stations and Grantees must also weigh the benefits windows, and appliances are replaced, principal utility lines. and costs, including anticipated it is encouraged that the replacements For elevation activities, grantees are insurance costs, of redeveloping high- be ENERGY STAR-labeled or FEMP- reminded that the elevation of risk areas that were impacted by a designated products; WaterSense- structures must comply with all disaster. Accordingly, grantees are labeled products (e.g., faucets, toilets, applicable federal accessibility prohibited from offering incentives to showerheads) are recommended to be standards outlined in section V.A.31. return households to disaster-impacted used when water products are replaced. Applicable State, local, and tribal floodplains. Rehabilitated housing may also codes and standards for floodplain When undertaking housing incentive implement measures recommended in a management that exceed these activities, to demonstrate that an Physical Condition Assessment (PCA) or requirements, including elevation, incentive meets the low- and moderate- Green Physical Needs Assessment setbacks, and cumulative substantial income housing national objective and (GPNA). damage requirements, must be followed. the LMI national objective, grantees V.B.1.d. Elevation standards for new V.B.1.e. Broadband infrastructure in must meet all requirements of the HCDA construction, repair of substantial housing. Any substantial rehabilitation, and the criteria for the Low/Mod damage, or substantial improvement. as defined by 24 CFR 5.100, or new Housing Incentive (LMHI) national The following elevation standards apply construction of a building with more objectives for the use of housing to new construction, repair of than four rental units must include incentives as described in section V.B.5. substantial damage, or substantial installation of broadband infrastructure, of this notice. improvement of structures to mitigate except where the grantee documents V.B.3. Limitation on emergency grant risks identified in a grantee’s Mitigation that: (a) The location of the new payments—interim mortgage assistance. Needs Assessment, when those construction or substantial 42 U.S.C. 5305(a)(8), 24 CFR structures are located in an area rehabilitation makes installation of 570.207(b)(4), and 24 CFR delineated as a flood hazard area or broadband infrastructure infeasible; (b) 1003.207(b)(4) are modified to the equivalent in FEMA’s data source the cost of installing broadband extent necessary to extend interim identified in 24 CFR 55.2(b)(1). All infrastructure would result in a mortgage assistance to qualified structures, defined at 44 CFR 59.1, fundamental alteration in the nature of individuals from 3 months to up to 20 designed principally for residential use its program or activity or in an undue months. Interim mortgage assistance is and located in the 100-year (or 1 percent financial burden; or (c) the structure of typically used in conjunction with a annual chance) floodplain that receive the housing to be substantially buyout program, or when the assistance for new construction, repair rehabilitated makes installation of rehabilitation or reconstruction to of substantial damage, or substantial broadband infrastructure infeasible. enhance the resiliency of single-family improvement, as defined at 24 CFR V.B.2. Housing incentives in at-risk housing extends beyond 3 months, 55.2(b)(10), must be elevated with the communities. Incentive payments are during which mortgage payments may lowest floor, including the basement, at generally offered in addition to other be due but the home is uninhabitable. least two feet above the base flood programs or funding (such as Thus, this interim assistance will be elevation. Alternatively, grantees may insurance), to encourage households to critical for many households facing choose to adopt the design flood relocate in a suitable housing financial hardship during this period. elevation standards of ASCE–24 if it development or an area promoted by the Grantees may use interim housing results in an elevation higher than two community’s comprehensive recovery mortgage assistance payments along feet above base flood elevation. Mixed- plan. For example, a grantee may offer with rehabilitation/reconstruction use structures with no dwelling units an incentive payment (possibly in assistance to expedite mitigation and no residents below two feet above addition to a buyout payment) for assistance to homeowners but must base flood elevation must be elevated or households that volunteer to relocate establish performance milestones for the floodproofed, in accordance with FEMA outside of a floodplain or to a lower-risk rehabilitation/reconstruction that are to floodproofing standards at 44 CFR area. be met by the homeowner to receive the 60.3(c)(3)(ii) or successor standard, up Therefore, 42 U.S.C. 5305(a) and interim mortgage assistance payments. to at least two feet above base flood associated regulations are waived to the A grantee using this alternative elevation. extent necessary to allow the provision requirement must document, in its All Critical Actions, as defined at 24 of housing incentives. Each grantee policies and procedures, how it will CFR 55.2(b)(3), within the 500-year (0.2 must maintain documentation, at least determine the amount of assistance to percent annual chance) floodplain must at a programmatic level, describing how be provided is necessary and be elevated or floodproofed (in the amount of assistance was reasonable. accordance with the FEMA standards) determined to be necessary and V.B.4. Acquisition of real property; to the higher of the 500-year floodplain reasonable, and the incentives must be flood and other buyouts. CDBG–MIT elevation or three feet above the 100- in accordance with the grantee’s grantees may carry out property year floodplain elevation. If the 500-year approved action plan and published acquisition for a variety of purposes. floodplain is unavailable, and the program design(s). This waiver does not However, the term ‘‘buyouts’’ for Critical Action is in the 100-year permit a compensation program. CDBG–MIT funds refers to acquisition floodplain, then the structure must be Additionally, a grantee may require the of properties located in a floodway or elevated or floodproofed at least three housing incentive to be used for a floodplain that is intended to reduce feet above the 100-year floodplain particular purpose by the household risk from future flooding or the elevation. Critical Actions are defined as receiving the assistance. acquisition of properties in Disaster Risk
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Reduction Areas as designated by the Area, the grantee must establish criteria acquired property if the property is not grantee and defined below. HUD is in its policies and procedures to acquired through a buyout program (i.e., providing alternative requirements for designate the area subject to the buyout, the purpose of acquisition was consistency with the application of pursuant to the following requirements: something other than risk reduction). other Federal resources commonly used (1) The hazard must have been caused When properties are not acquired for this type of activity. or exacerbated by the Presidentially through a buyout program, the purchase Grantees are encouraged to use declared disaster for which the grantee price must be consistent with applicable buyouts strategically, as a means of received its CDBG–MIT allocation; (2) uniform cost principles (and the pre- acquiring contiguous parcels of land for the hazard must be a predictable disaster FMV may not be used). uses compatible with open space, environmental threat to the safety and V.B.4.b. Buyout requirements: recreational, natural floodplain well-being of program beneficiaries, as (1) Any property acquired, accepted, functions, other ecosystem restoration, evidenced by best available data (e.g. or from which a structure will be or wetlands management practices. To FEMA Repetitive Loss Data) and removed pursuant to the project will be the maximum extent practicable, a science; and (3) the Disaster Risk dedicated and maintained in perpetuity grantee should avoid circumstances in Reduction Area must be clearly for a use that is compatible with open which parcels that could not be delineated so that HUD and the public space, recreational, or floodplain and acquired through a buyout remain may easily determine which properties wetlands management practices. alongside parcels that have been are located within the designated area. (2) No new structure will be erected acquired through the grantee’s buyout Real property acquisitions, including on property acquired, accepted, or from program. Grantees are reminded that buyouts, undertaken with CDBG–DR which a structure was removed under real property acquisition with CDBG– and CDBG–MIT funds (even if funds are the acquisition or relocation program MIT funding, including buyout, is used only for acquisition costs other other than: (a) A public facility that is subject to the URA, including the real than the purchase price) are generally open on all sides and functionally property acquisitions requirements at 49 subject to the requirements in URA related to a designated open space (e.g., CFR part 24, subpart B, as modified at regulations at 49 CFR part 24, subpart B, a park, campground, or outdoor section V.A.22.b. of this notice. unless they satisfy an exception at 49 recreation area); (b) a rest room; or (c) V.B.4.a. Clarification of ‘‘buyout’’ and CFR 24.101(b)(1)–(5). For acquiring a flood control structure, provided that ‘‘real property acquisition’’ activities. entities with eminent domain authority, structure does not reduce valley storage, Grantees that choose to undertake a the most relevant exception is buyout program have the discretion to increase erosive velocities, or increase commonly 49 CFR 24.101(b)(1), which flood heights on the opposite bank, determine the appropriate valuation requires that the acquisition satisfy a upstream, or downstream and that the method, including paying either pre- four-part test. HUD is clarifying how the local floodplain manager approves, in disaster or post-disaster fair market four-part test applies to buyouts writing, before the commencement of value (FMV). In most cases, a program conducted with CDBG–DR and CDBG– the construction of the structure. that provides pre-disaster FMV to MIT funds. With respect to the buyout (3) After receipt of the assistance, buyout applicants provides of properties, an ‘‘intended, planned, or with respect to any property acquired, compensation at an amount greater than designated project area,’’ as referenced the post-disaster FMV. When the at 49 CFR 24.101(b)(1)(ii), shall be an accepted, or from which a structure was purchase price exceeds the current area for which a clearly defined end use removed under the acquisition or FMV, any CDBG–MIT funds in excess of has been determined at the time that the relocation program, no subsequent the FMV are considered assistance to property is acquired, in which all or application for additional disaster the seller, thus making the seller a substantially all of the properties within assistance for any purpose or to repair beneficiary of CDBG–MIT assistance. If the area must be acquired within an damage or make improvements of any the seller receives assistance as part of established time period as determined sort will be made by the owner of the the purchase price, this may have by the grantee or acquiring entity for the buyout property (including subsequent implications for duplication of benefits project to move forward. Where moving owners) to any Federal entity in calculations or for demonstrating forward with a project does not depend perpetuity. national objective criteria, as discussed upon acquiring specific sites within The entity acquiring the property may below. However, a program that established timeframes for a clearly lease it to adjacent property owners or provides post-disaster FMV to buyout defined end use, there is not an other parties, including nonprofit land applicants merely provides the actual ‘‘intended, planned or designated conservation organizations, for value of the property; thus, the seller is project area.’’ To illustrate this point, a compatible uses in return for a not considered a beneficiary of CDBG– grantee or acquiring entity’s buyout maintenance agreement. Although DR assistance. would satisfy the criteria in 49 CFR Federal policy encourages leasing rather Regardless of purchase price, all 24.101(b)(1)(ii) with respect to the than selling such property, the property buyout activities are a type of acquisition of property in the following may also be sold. acquisition of real property (as examples: (1) A broad buyout eligibility In all cases, a deed restriction or permitted by 42 U.S.C. 5305(a)(1)). area is identified by the need to reduce covenant running with the property However, only acquisitions that meet risk, but no specific property must be must require that the buyout property be the definition of a ‘‘buyout’’ are subject acquired or (2) a clearly defined end use dedicated and maintained for to the post-acquisition land use (i.e., more specific than the categories of compatible uses in perpetuity. restrictions imposed by this notice open space, recreational, or floodplain (4) Grantees have the discretion to (section V.B.4.b. below). The key factor and wetlands management practices— determine an appropriate valuation in determining whether the acquisition see V.B.4.b., below) has not been method (including the use of pre-flood is a buyout is whether the intent of the determined at the time of acquisition. value or post-flood value as a basis for purchase is to reduce risk of property Grantees are reminded that the property value). However, in using damage in a floodplain or a Disaster distinction between buyouts and other CDBG–MIT funds for buyouts, the Risk Reduction Area. To conduct a types of acquisitions is important, grantee must uniformly apply the buyout in a Disaster Risk Reduction because grantees may only redevelop an valuation method it chooses.
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(5) All buyout activities must be (c) The program meets the criteria for 72102). Notwithstanding that guidance, classified using the ‘‘buyout’’ activity the low- and moderate-income limited however, HUD has determined that type in the DRGR system. clientele national objective (LMC) and providing CDBG–MIT grantees with an (6) Any State grantee implementing a does not provide benefits that are additional method to demonstrate how buyout program or activity must consult available to all residents of the area. A buyouts and housing incentives can with affected local governments. buyout program could meet the national assist LMI households, beyond those (7) When undertaking buyout objective criteria for the limited described in the previous notices, will activities, to demonstrate that a buyout clientele national objective if it restricts ensure that grantees and HUD can meets the low- and moderate-income buyout program eligibility to account for and assess the benefit that housing national objective, grantees exclusively low- and moderate-income CDBG–MIT assistance may have on LMI must meet all requirements of the persons, and the buyout provides an households when buyouts and housing HCDA, and applicable regulatory actual benefit to the low- and moderate- incentives are used in long term criteria described below. Grantees are income sellers by providing pre-disaster recovery. Given the primary objective of encouraged to consult with HUD prior valuation uniformly to those who the HCDA to assist low- and moderate- to undertaking a buyout program with participate in the program. income persons, the Secretary has the intent of using the low- and (d) The program meets the criteria for determined that there is good cause to moderate-income housing (LMH) the Low/Mod Buyout (LMB) or Low/ establish an alternative requirement national objective. 42 U.S.C. 5305(c)(3) Mod Housing Incentive (LMHI) national under which CDBG–MIT grantees are provides that any assisted activity that objectives for buyouts and the use of authorized to qualify the assistance involves the acquisition or housing incentives as authorized in the provided to LMI persons through rehabilitation of property to provide Department’s August 7, 2017 Federal buyout and housing incentive programs. housing shall be considered to benefit Register notice at 82 FR 36825 and This alternative requirement recognizes persons of low- and moderate-income described in section V.B.5. of this that the benefits received by those only to the extent such housing will, notice. individuals that accept buyout and V.B.4.c. Redevelopment of acquired upon completion, be occupied by such housing incentive awards allow them to properties. persons. In addition, the State CDBG move from areas that are likely to be (1) A grantee may redevelop an affected by future disasters. regulations at 24 CFR 570.483(b)(3), acquired property as part of a mitigation entitlement CDBG regulations at 24 CFR In addition to the existing criteria at activity if the property is not acquired 24 CFR 570.208(a)(1)–(4) and 570.208(a)(3), and Indian CDBG through a buyout program and the 570.483(b)(1)–(4), HUD is establishing regulations at 24 CFR 1003.208(c) apply purchase price is based on the an alternative requirement to include the LMH national objective to an property’s post-disaster value, the two new LMI national objective eligible activity carried out for the consistent with applicable cost criteria for buyouts (LMB) and housing purpose of providing or improving principles (the pre-disaster value may incentives (LMHI) that benefit LMI permanent residential structures that, not be used). In addition to the purchase households that use CDBG–MIT funding upon completion, will be occupied by price, grantees may opt to provide provided pursuant to CDBG–MIT low- and moderate-income households. relocation assistance or housing requirements. Therefore, a buyout program that merely incentives to the owner of a property For a buyout award or housing pays homeowners to leave their existing that will be redeveloped if the property incentive to meet the new LMB and homes does not result in a low- and is purchased by a grantee or LMHI national objectives, grantees must moderate-income household occupying subrecipient through voluntary demonstrate the following: a residential structure and, thus, cannot acquisition, and the owner’s need for (1) The CDBG–MIT funds have been meet the requirements of the LMH additional assistance is documented. provided for an eligible activity that national objective. Buyout programs that (2) In carrying out acquisition benefits LMI households supporting assist low- and moderate-income activities, grantees must ensure they are their move from high risk areas. The persons can be structured in one of the in compliance with their long-term following activities shall qualify under following ways: redevelopment plans and hazard this criterion, and must also meet the (a) The buyout program combines the mitigation plans. eligibility criteria of the notices acquisition of properties with another V.B.5. Additional LMI national governing the use of the CDBG–MIT direct benefit—Low- and Moderate- objective criteria for buyouts and funds: Income housing activity, such as down housing incentives. For CDBG–MIT (a) Low/Mod buyout (LMB). When payment assistance—that results in funds, HUD is continuing its CDBG–MIT funds are used for a buyout occupancy and otherwise meets the establishment of an alternative award to acquire housing owned by a applicable LMH national objective requirement to clarify the criteria under qualifying LMI household, where the criteria; which buyout activities and housing award amount (including optional (b) The program meets the low- and incentives can meet an LMI national relocation assistance) is greater than the moderate-income area (LMA) benefit objective. Grantees authorized to use post-disaster (current) fair market value criteria as defined for CDBG–MIT funds, housing incentives for CDBG–MIT funds of that property. to demonstrate national objective must follow guidelines outlined in (b) Low/Mod housing incentive compliance, provided that the grantee section V.B.2. of this notice. The CDBG (LMHI). When CDBG–MIT funds are can document that the properties regulations limit activities that meet the used for a housing incentive award, tied acquired through buyouts will be used LMI national objective to only the to the voluntary buyout or other in a way that benefits all of the residents activities meeting the four established voluntary acquisition of housing owned in a particular area where at least 51 criteria in 24 CFR 570.208(a)(1) through by a qualifying LMI household, for percent of the residents are low- and (4) and 570.483(b)(1) through (4). Prior which the housing incentive is for the moderate-income persons. When using Federal Register notices have advised purpose of moving outside of the the area benefit approach, a grantee grantees of the criteria under which a affected floodplain or to a lower-risk must define the service area based on buyout activity can meet an LMI area; or when the housing incentive is the end use of the buyout properties; or housing (LMH) national objective (80 FR for the purpose of providing or
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improving residential structures that, recommends the purchase of flood should not be assisted at the expense of upon completion, will be occupied by insurance outside of a Special Flood those lower income households. an LMI household. Hazard Area for properties that have Therefore, a grantee may only provide (2) Activities that meet the above been damaged by a flood, to better assistance for the rehabilitation or criteria will be considered to benefit low protect property owners from the reconstruction of a house located in a and moderate-income persons unless economic risks of future floods and floodplain if: (a) The homeowner had there is substantial evidence to the reduce dependence on Federal disaster flood insurance at the time of the contrary. Any activities that meet the assistance in the future, but this is not qualifying disaster and still has unmet newly established national objective a requirement. recovery needs; or (b) the household criteria described above will count V.B.7.b. Federal assistance to owners earns less than the greater of 120 towards the calculation of a CDBG–MIT remaining in a floodplain. percent AMI or the national median and grantee’s overall LMI benefit. (1) Section 582 of the National Flood has unmet recovery needs. V.B.6. Alternative requirement for Insurance Reform Act of 1994, as (3) Section 582 also imposes a housing rehabilitation—assistance for amended, (42 U.S.C. 5154a) prohibits responsibility on a grantee that receives second homes. The Department is flood disaster assistance in certain CDBG–MIT funds or that designates instituting an alternative requirement to circumstances. In general, it provides annually appropriated CDBG funds for the rehabilitation provisions at 42 that no Federal disaster relief assistance disaster recovery. That responsibility is U.S.C. 5305(a)(4) as follows: Properties made available in a flood disaster area to inform property owners receiving that serve as second homes are not may be used to make a payment assistance that triggers the flood eligible for rehabilitation assistance or (including any loan assistance payment) insurance purchase requirement that housing incentives provided through a to a person for ‘‘repair, replacement, or they have a statutory responsibility to CDBG–MIT program. For CDBG–MIT restoration’’ for damage to any personal, notify any transferee of the requirement funds, a second home is defined as a residential, or commercial property if to obtain and maintain flood insurance home that is not the primary residence that person at any time has received in writing and to maintain such written of the owner, a tenant, or any occupant Federal flood disaster assistance that notification in the documents at the time of the storm or at the time was conditioned on the person first evidencing the transfer of the property, of application for assistance. Grantees having obtained flood insurance under and that the transferring owner may be can verify a primary residence using a applicable Federal law and the person liable if he or she fails to do so. These variety of documentation including, but has subsequently failed to obtain and requirements are enumerated at http:// not limited to, voter registration cards, maintain flood insurance as required uscode.house.gov/ tax returns, homestead exemptions, under applicable Federal law on such view.xhtml?req=granuleid:U.S.C.- driver’s licenses and rental agreements. property. This means that a grantee may prelim-title42- V.B.7. Flood insurance. Grantees, not provide CDBG–MIT assistance for section5154a&num=0&edition=prelim. recipients, and subrecipients must the repair, replacement, or restoration of implement procedures and mechanisms a property to a person who has failed to V.C. Infrastructure and Other to ensure that assisted property owners meet this requirement and must Nonresidential Structures comply with all flood insurance implement a process to check and V.C.1. Elevation of nonresidential requirements, including the purchase monitor for compliance. structures. Nonresidential structures and notification requirements described (2) The Department is instituting an must be elevated to the standards below, prior to providing assistance. For alternative requirement to 42 U.S.C. described in this paragraph or additional information, please consult 5305(a)(4) as follows: Grantees receiving floodproofed, in accordance with FEMA with the field environmental officer in CDBG–MIT funds are prohibited from floodproofing standards at 44 CFR the local HUD field office or review the providing CDBG–MIT assistance for the 60.3(c)(3)(ii) or successor standard, up guidance on flood insurance rehabilitation/reconstruction of a house, to at least two feet above the 100-year requirements on HUD’s website. if (a) the combined household income is (or 1 percent annual chance) floodplain V.B.7.a. Flood insurance purchase greater than 120 percent AMI or the and may include using structural or requirements. HUD does not prohibit national median, (b) the property was nonstructural methods to reduce or the use of CDBG–MIT funds for existing located in a floodplain at the time of the prevent damage; or, designing it to residential buildings in a Special Flood disaster, and (c) the property owner did adapt to, withstand and rapidly recover Hazard Area (or 100-year floodplain). not maintain flood insurance on the flood a flood event. All Critical Actions, However, Federal, State, local, and damaged property, even when the as defined at 24 CFR 55.2(b)(3), within tribal laws and regulations related to property owner was not required to the 500-year (or 0.2 percent annual both flood insurance and floodplain obtain and maintain such insurance. chance) floodplain must be elevated or management must be followed, as When a homeowner located in the floodproofed (in accordance with the applicable. With respect to flood floodplain allows their flood insurance FEMA standards) to the higher of the insurance, a HUD-assisted homeowner policy to lapse, it is assumed that the 500-year floodplain elevation or three of a property located in a Special Flood homeowner is unable to afford feet above the 100-year floodplain Hazard Area must obtain and maintain insurance and/or is accepting elevation. If the 500-year floodplain or flood insurance in the amount and responsibility for future flood damage to elevation is unavailable, and the Critical duration prescribed by FEMA’s National the home. HUD is establishing this Action is in the 100-year floodplain, Flood Insurance Program. Section 102(a) alternative requirement to ensure that then the structure must be elevated or of the Flood Disaster Protection Act of adequate recovery resources are floodproofed at least three feet above the 1973 (42 U.S.C. 4012a) mandates the available to assist lower income 100-year floodplain elevation. Critical purchase of flood insurance protection homeowners who reside in a floodplain Actions are defined as an ‘‘activity for for HUD-assisted property within a but who are unlikely to be able to afford which even a slight chance of flooding Special Flood Hazard Area, when HUD flood insurance. Higher income would be too great, because such assistance is used to finance acquisition homeowners who reside in a floodplain, flooding might result in loss of life, or construction, including but who failed to secure or decided to injury to persons or damage to rehabilitation. HUD strongly not maintain their flood insurance, property.’’ For example, Critical Actions
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include hospitals, nursing homes, police levees, that the rehabilitation may not to limit the loss of life and damage to stations, fire stations and principal exceed the original footprint of the assets by State and local governmental utility lines. Grantees are reminded that structure as provided herein. and nongovernmental emergency public the elevation of structures must comply V.C.3. Waiver and alternative safety, fire, law enforcement, emergency with all applicable federal accessibility requirement to permit certain response, emergency medical (including standards outlined in section V.A.31. improvements on private lands. The hospital emergency facilities), and Non-structural infrastructure must be Department recognizes that in order to related personnel, agencies, and resilient to flooding. The vertical flood achieve broad based and regional authorities. However, CDBG–MIT funds elevation establishes the level to which mitigation outcomes, it may be may be used for mitigation activities to a facility must be resilient. This may necessary to fund certain improvements enhance the resilience of facilities used include using structural or on private lands that will yield public to provide emergency response services, nonstructural methods to reduce or mitigation benefits. For instance, a provided that such assistance is not prevent damage; or, designing it to grantee may seek to fund improvements used for buildings for the general withstand and rapidly recover from a and implement stormwater management conduct of government as defined at 24 flood event. In selecting the appropriate practices on mostly privately-owned CFR 570.3. resilience approach, grantees should land to prevent or minimize the impact consider several factors such as flood of downstream flooding. Under the V.D. Economic Development depth, velocity, rate of rise of Department’s regulations and the V.D.1. National objective floodwater, duration of floodwater, HCDA, however, not all of these documentation for economic erosion, subsidence, the function or use activities may be eligible under section development activities. 24 CFR and type of facility, and other factors. 105(a)(2) of the HCDA, which permits 570.483(b)(4)(i), 24 CFR 570.506(b)(5), Applicable State, local, and tribal the acquisition, construction, and 24 CFR 1003.208(d) are waived to codes and standards for floodplain reconstruction, or installation of public allow the grantees receiving CDBG–MIT management that exceed these works, facilities, and site or other funds to identify the low- and moderate- requirements, including elevation, improvements. However, HUD income jobs benefit by documenting, for setbacks, and cumulative substantial recognizes that these improvements and each person employed, the name of the damage requirements, will be followed. management practices to be installed or business, type of job, and the annual V.C.2. Requirements for flood control applied on private lands can provide wages or salary of the job. HUD will structures. Grantees that use CDBG–MIT public benefits that are similar to the consider the person income-qualified if funds to assist flood control structures public benefits derived from public the annual wages or salary of the job is (i.e., dams and levees) are prohibited works, facilities, and other at or under the HUD-established income from using CDBG–MIT funds to enlarge improvements generally eligible under limit for a one-person family. This a dam or levee beyond the original section 105(a)(2). Accordingly, the method replaces the standard CDBG footprint of the structure that existed Department is establishing a waiver and requirement—in which grantees must prior to the disaster event. Grantees that alternative requirement to expand review the annual wages or salary of a use CDBG–MIT funds for levees and section 105(a)(2) of the HCDA and to job in comparison to the person’s total dams are required to: (1) Register and waive the provisions of 24 CFR household income and size (i.e., the maintain entries regarding such 570.201(c) and 24 CFR 570.202(a)(1) to number of persons). Thus, it streamlines structures with the U.S. Army Corps of the extent necessary to permit CDBG– the documentation process because it Engineers National Levee Database or MIT grantees to carry out activities that allows the collection of wage data for National Inventory of Dams; (2) ensure provide for improvements on private each position created or retained from that the structure is admitted in the U.S. lands that can be demonstrated to have the assisted businesses, rather than from Army Corps of Engineers Public Law a measurable public mitigation benefit. each individual household. 84–99 Rehabilitation Program This eligible activity includes the V.D.2. Public benefit for certain (Rehabilitation Assistance for Non- expenditure of CDBG–MIT funds for economic development activities. The Federal Flood Control Projects); (3) actions necessary to obtain mandatory public benefit provisions set standards ensure the structure is accredited under environmental permits (if approved by for individual economic development the FEMA National Flood Insurance the permitting agency). CDBG–MIT activities (such as a single loan to a Program; (4) enter into the DRGR system grantees must demonstrate at a program business) and for economic the exact location of the structure and level that such payments are necessary development activities in the aggregate. the area served and protected by the and reasonable and are required to Currently, public benefit standards limit structure; and (5) maintain file secure the permits needed to implement the amount of CDBG assistance per job documentation demonstrating that the its CDBG–MIT project. retained or created, or the amount of grantee has conducted a risk assessment V.C.4. Prohibiting assistance to CDBG assistance per low- and moderate- prior to funding the flood control private utilities. Funds made available income person to which goods or structure and documentation that the under this notice may not be used to services are provided by the activity. investment includes risk reduction assist privately-owned utilities. A These dollar thresholds were set two measures. CDBG–MIT funds may be CDBG–MIT grantee that prioritizes a decades ago and can impede recovery used on the construction or demolition mitigation project where assistance to a by limiting the amount of assistance the of a dam, levee or other flood control privately-owned utility is necessary, grantee may provide to a critical structure provided that construction or may request a waiver of this prohibition. activity. demolition shall be demonstrated to be V.C.5. Prohibition on emergency This notice waives the public benefit an eligible mitigation activity pursuant response services. CDBG–MIT funds standards at 42 U.S.C. 5305(e)(3), 24 to the requirements of this notice. shall not be used for programs and CFR 570.482(f), 24 CFR 570.209(b) and Rehabilitation of dams, levees or flood projects to provide emergency response (d), and 24 CFR 1003.302(c) for only control structures are also eligible, services. Emergency response services those economic development activities provided that the rehabilitation is shall mean those services that are designed to create or retain jobs or demonstrated to be an eligible carried out in the immediate response to businesses (including, but not limited mitigation activity and for dams and a disaster or other emergency in order to, long-term, short-term, and
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infrastructure projects). However, labor market area within the same State general public and are subject to grantees shall collect and maintain to continue business. regulation and oversight by the documentation in the project file on the V.D.5. Prioritizing small businesses. government, and projects for the creation and retention of total jobs; the To target assistance to small businesses, removal of an immediate threat to number of jobs within certain salary the Department is instituting an public health and safety or brownfields ranges; the average amount of assistance alternative requirement to the as defined in the Small Business provided per job, by activity or program; provisions at 42 U.S.C. 5305(a) to Liability Relief and Brownfields and the types of jobs. Additionally, require grantees to prioritize assisting Revitalization Act (Pub. L. 107–118) grantees shall report the total number of businesses that meet the definition of a shall be considered a public use for jobs created and retained and the small business as defined by SBA at 13 purposes of eminent domain. applicable national objective in the CFR part 121 or, for businesses engaged VI. Certifications and Collection of DRGR system. Paragraph (g) of 24 CFR in ‘‘farming operations’’ as defined at 7 Information 570.482 is also waived to the extent CFR 1400.3, and that meet the United these provisions are related to public States Department of Agriculture Farm VI.1. Certifications waiver and benefit. Service Agency (FSA), criteria that are alternative requirement. 24 CFR 91.225 V.D.3. Clarifying note on Section 3 described at 7 CFR 1400.500, which are and 91.325 are waived. Each grantee resident eligibility and documentation used by the FSA to determine eligibility receiving a direct allocation of CDBG– requirements. The definition of ‘‘low- for certain assistance programs. HUD MIT funds must make the following income persons’’ in 12 U.S.C. 1701u and advises grantees to pursue sources of certifications with its action plan: 24 CFR 135.5 is the basis for eligibility assistance other than CDBG–MIT funds a. The grantee certifies that it has in as a section 3 resident. A section 3 in order to address needs arising from effect and is following a residential anti- resident means: (1) A public housing crop loss or other agricultural losses displacement and relocation assistance resident; or (2) an individual who attributable to the disaster. plan in connection with any activity resides in the metropolitan area or V.D.6. Underwriting. Notwithstanding assisted with CDBG–MIT funding. nonmetropolitan county in which the section 105(e)(1) of the HCDA, no b. The grantee certifies its compliance section 3 covered assistance is CDBG–MIT funds may be provided to a with restrictions on lobbying required expended, and who is: (i) A low-income for-profit entity for an economic by 24 CFR part 87, together with person or (ii) a very-low-income person. development project under section disclosure forms, if required by part 87. Grantees should determine that an 105(a)(17) unless such project has been c. The grantee certifies that the action individual is eligible to be considered a evaluated and selected in accordance plan is authorized under State and local section 3 resident if the annual wages or with guidelines developed by HUD law (as applicable) and that the grantee, salary of the person are at, or under, the pursuant to section 105(e)(2) for and any entity or entities designated by HUD-established income limit for a one- evaluating and selecting economic the grantee, and any contractor, person family for the jurisdiction— development projects. States and their subrecipient, or designated public which is eighty percent of the median subrecipients are required to comply agency carrying out an activity with income for the area. This authority does with the underwriting guidelines in CDBG–MIT funds, possess(es) the legal not impact other section 3 resident Appendix A to 24 CFR part 570 if they authority to carry out the program for eligibility requirements in 24 CFR 135.5. are using grant funds to provide which it is seeking funding, in All direct recipients of CDBG–MIT assistance to a for-profit entity for an accordance with applicable HUD funding must submit form HUD–60002 economic development project under regulations and this notice. The grantee annually through the Section 3 section 105(a)(17) of the HCDA. The certifies that activities to be undertaken Performance Evaluation and Registry underwriting guidelines are found at with CDBG–MIT funds are consistent System (SPEARS) which can be found Appendix A of Part 570. https:// with its action plan. on HUD’s website: https:// www.ecfr.gov/cgi-bin/text- d. The grantee certifies that it will www.hud.gov/program_offices/fair_ idx?SID=88dced3d630ad comply with the acquisition and housing_equal_opp/section3/section3/ 9fd8ab91268dd829f1e relocation requirements of the URA, as spears. &mc=true&node=ap24.3.570_ amended, and implementing regulations V.D.4. Waiver and modification of the 1913.a&rgn=div9. at 49 CFR part 24, except where waivers job relocation clause to permit V.D.7. Limitation on use of funds for or alternative requirements are provided assistance to help a business return. eminent domain. No CDBG–MIT funds for CDBG–MIT funds. CDBG requirements prevent program may be used to support any Federal, e. The grantee certifies that it will participants from providing assistance State, or local projects that seek to use comply with section 3 of the Housing to a business to relocate from one labor the power of eminent domain, unless and Urban Development Act of 1968 (12 market area to another if the relocation eminent domain is employed only for a U.S.C. 1701u) and implementing is likely to result in a significant loss of public use. For purposes of this regulations at 24 CFR part 135. jobs in the labor market from which the paragraph, public use shall not be f. The grantee certifies that it is business moved. This prohibition can be construed to include economic following a detailed citizen a critical barrier to reestablishing and development that primarily benefits participation plan that satisfies the rebuilding a displaced employment base private entities. Any use of funds for requirements of 24 CFR 91.115 or after a major disaster. Therefore, 42 mass transit, railroad, airport, seaport or 91.105 (except as provided for in notices U.S.C. 5305(h), 24 CFR 570.210, 24 CFR highway projects, as well as utility providing waivers and alternative 570.482, and 24 CFR 1003.209 are projects which benefit or serve the requirements for this grant). Also, each waived to allow a grantee to provide general public (including energy- local government receiving assistance assistance to any business that was related, communication-related, water from a State grantee must follow a operating in the disaster-declared labor related and wastewater-related detailed citizen participation plan that market area before the incident date of infrastructure), other structures satisfies the requirements of 24 CFR the applicable disaster and has since designated for use by the general public 570.486 (except as provided for in moved, in whole or in part, from the or which have other common-carrier or notices providing waivers and affected area to another State or to a public-utility functions that serve the alternative requirements for this grant).
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g. State grantee certifies that it has that receive grant funds to certify that provision is the State, local, and tribal consulted with affected local they have adopted and are enforcing: government land use regulations and governments in counties designated in (1) A policy prohibiting the use of hazard mitigation plans and the latest- covered major disaster declarations in excessive force by law enforcement issued FEMA data or guidance, which the non-entitlement, entitlement, and agencies within its jurisdiction against includes advisory data (such as tribal areas of the State in determining any individuals engaged in nonviolent Advisory Base Flood Elevations) or the uses of funds, including the method civil rights demonstrations; and preliminary and final Flood Insurance of distribution of funding, or activities (2) A policy of enforcing applicable Rate Maps. carried out directly by the State. State and local laws against physically n. The grantee certifies that its h. The grantee certifies that it is barring entrance to or exit from a facility activities concerning lead-based paint complying with each of the following or location that is the subject of such will comply with the requirements of 24 criteria: nonviolent civil rights demonstrations CFR part 35, subparts A, B, J, K, and R. (1) Funds will be used solely for within its jurisdiction. o. The grantee certifies that it will k. The grantee certifies that it (and necessary expenses related to mitigation comply with environmental any subrecipient or administering activities, as applicable, in the most requirements at 24 CFR part 58. impacted and distressed areas for which entity) currently has or will develop and p. The grantee certifies that it will the President declared a major disaster maintain the capacity to carry out comply with applicable laws. in 2015, 2016, or 2017 pursuant to the mitigation activities, as applicable, in a Robert T. Stafford Disaster Relief and timely manner and that the grantee has Warning: Any person who knowingly Emergency Assistance Act of 1974 (42 reviewed the respective requirements of makes a false claim or statement to HUD U.S.C. 5121 et seq.). this notice. The grantee certifies to the may be subject to civil or criminal (2) With respect to activities expected accuracy of its Public Law 115–56 penalties under 18 U.S.C. 287, 1001 and to be assisted with CDBG–MIT funds, Financial Management and Grant 31 U.S.C. 3729. the relevant action plan has been Compliance certification checklist, or VII. Duration of Funding developed to give priority to activities other recent certification submission, if that will benefit low- and moderate- approved by HUD, and related This notice requires each grantee to income families. supporting documentation referenced at expend fifty percent of its CDBG–MIT (3) The aggregate use of CDBG–MIT section V.A.1.a of this notice and its grant on eligible activities within six funds shall principally benefit low- and implementation plan and capacity years of HUD’s execution of the grant moderate-income families in a manner assessment and related submissions to agreement and one hundred percent of that ensures that at least 50 percent (or HUD referenced at section V.A.1.b. its grant within twelve years of HUD’s another percentage permitted by HUD in l. The grantee certifies that it execution of the agreement absent a a waiver published in an applicable considered the following resources in waiver and alternative requirement as Federal Register notice) of the CDBG– the preparation of its action plan, as requested by the grantee and approved MIT grant amount is expended for appropriate: FEMA Local Mitigation by HUD. activities that benefit such persons. Planning Handbook: https:// VIII. Catalog of Federal Domestic (4) The grantee will not attempt to www.fema.gov/media-library-data/ Assistance recover any capital costs of public 20130726-1910-25045-9160/fema_local_ improvements assisted with CDBG–MIT mitigation_handbook.pdf; DHS Office of The Catalog of Federal Domestic funds by assessing any amount against Infrastructure Protection: https:// Assistance numbers for the grants under properties owned and occupied by www.dhs.gov/sites/default/files/ this notice are as follows: 14.218 for persons of low- and moderate-income, publications/ip-fact-sheet-508.pdf; Entitlement CDBG grantees and 14.228 including any fee charged or assessment National Association of Counties, for State CDBG grantees. made as a condition of obtaining access Improving Lifelines (2014): https:// IX. Finding of No Significant Impact to such public improvements, unless: (a) www.naco.org/sites/default/files/ CDBG–MIT funds are used to pay the documents/NACo_ResilientCounties_ A Finding of No Significant Impact proportion of such fee or assessment Lifelines_Nov2014.pdf; the National (FONSI) with respect to the that relates to the capital costs of such Interagency Coordination Center (NICC) environment has been made in public improvements that are financed for coordinating the mobilization of accordance with HUD regulations at 24 from revenue sources other than under resources for wildland fire: https:// CFR part 50, which implement section this title; or (b) for purposes of assessing www.nifc.gov/nicc/); the U.S. Forest 102(2)(C) of the National Environmental any amount against properties owned Service’s resources around wildland fire Policy Act of 1969 (42 U.S.C. and occupied by persons of moderate (https://www.fs.fed.us/managing-land/ 4332(2)(C)). The FONSI is available for income, the grantee certifies to the fire); and HUD’s CPD Mapping tool: public inspection between 8 a.m. and 5 Secretary that it lacks sufficient CDBG https://egis.hud.gov/cpdmaps/. p.m. weekdays in the Regulations funds (in any form) to comply with the m. The grantee certifies that it will not Division, Office of General Counsel, requirements of clause (a). use CDBG–MIT funds for any activity in Department of Housing and Urban i. The grantee certifies that the grant an area identified as flood prone for Development, 451 7th Street SW, Room will be conducted and administered in land use or hazard mitigation planning 10276, Washington, DC 20410–0500. conformity with title VI of the Civil purposes by the State, local, or tribal Due to security measures at the HUD Rights Act of 1964 (42 U.S.C. 2000d), government or delineated as a Special Headquarters building, an advance the Fair Housing Act (42 U.S.C. 3601– Flood Hazard Area (or 100-year appointment to review the docket file 3619), and implementing regulations, floodplain) in FEMA’s most current must be scheduled by calling the and that it will affirmatively further fair flood advisory maps, unless it also Regulations Division at 202–708–3055 housing. ensures that the action is designed or (this is not a toll-free number). Hearing- j. The grantee certifies that it has modified to minimize harm to or within or speech-impaired individuals may adopted and is enforcing the following the floodplain, in accordance with access this number through TTY by policies, and, in addition, must certify Executive Order 11988 and 24 CFR part calling the Federal Relay Service at 800– that they will require local governments 55. The relevant data source for this 877–8339 (this is a toll-free number).
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Dated: August 23, 2019. Benjamin Carson, Sr., Secretary. [FR Doc. 2019–18607 Filed 8–29–19; 8:45 am] BILLING CODE 4210–67–P
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Reader Aids Federal Register Vol. 84, No. 169 Friday, August 30, 2019
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST
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. 318...... 40225 Presidential Documents 2 CFR 381...... 40225 Executive orders and proclamations 741–6000 1402...... 45627 The United States Government Manual 741–6000 10 CFR 3 CFR Other Services 26...... 43667 Proclamations: 37...... 43667 Electronic and on-line services (voice) 741–6020 9913...... 37563 50...... 39684, 43667 Privacy Act Compilation 741–6050 9914...... 38847 52...... 39684, 41885 9915...... 43473 70...... 43667 ELECTRONIC RESEARCH 9916...... 45055 72...... 43669 Executive Orders: 73...... 43667 World Wide Web 13883...... 38113 708...... 37752 13884...... 38843 Full text of the daily Federal Register, CFR and other publications Proposed Rules: Administrative Orders: 40...... 41644 is located at: www.govinfo.gov. Memorandums: 72...... 43728 Federal Register information and research tools, including Public Memorandum of July 74...... 41644 Inspection List and electronic text are located at: 19, 2019 ...... 37955 75...... 41644 www.federalregister.gov. Memorandum of July 150...... 41644 21, 2019 ...... 44677 429...... 39777, 43529 E-mail Presidential 430 ...... 37794, 37970, 39211, FEDREGTOC (Daily Federal Register Table of Contents Electronic Determinations: 39777, 39980, 42830, 43071, Mailing List) is an open e-mail service that provides subscribers No. 2019–14 of July 43529, 44557 with a digital form of the Federal Register Table of Contents. The 19, 2019 ...... 38109 431 ...... 39220, 42830, 43731 digital form of the Federal Register Table of Contents includes No. 2019–21 of July 600...... 41645 HTML and PDF links to the full text of each document. 31, 2019 ...... 43035 1003...... 41654 No. 2019–22 of August To join or leave, go to https://public.govdelivery.com/accounts/ 8, 2019 ...... 44679 11 CFR USGPOOFR/subscriber/new, enter your email address, then Notices: follow the instructions to join, leave, or manage your Proposed Rules: Notice of August 14, subscription. 104...... 45116, 45117 2019 ...... 41881 PENS (Public Law Electronic Notification Service) is an e-mail 12 CFR service that notifies subscribers of recently enacted laws. 5 CFR 8...... 43475 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Ch. XXXIII...... 37751 201...... 39723 and select Join or leave the list (or change settings); then follow Proposed Rules: 204...... 39724 the instructions. 532...... 40297 229...... 45403 FEDREGTOC and PENS are mailing lists only. We cannot 248...... 38115 6 CFR respond to specific inquiries. 351...... 38115 5...... 45641 790...... 38849 Reference questions. Send questions and comments about the 1026...... 37565 Federal Register system to: [email protected] 7 CFR 1254...... 41886 The Federal Register staff cannot interpret specific documents or Ch. VIII...... 45644 Proposed Rules: regulations. 735...... 45644 327...... 45443 985...... 41883 360...... 43732 FEDERAL REGISTER PAGES AND DATE, AUGUST 1499...... 45047 390...... 44558 3555...... 42799 1003...... 37804 37563–37750...... 1 44223–44536...... 23 Proposed Rules: 1006...... 37806 37751–37954...... 2 44537–44678...... 26 868...... 45439 13 CFR 37955–38114...... 5 44679–45054...... 27 8 CFR 38115–38544...... 6 45055–45402...... 28 120...... 45060 38545–38846...... 7 45403–45626...... 29 103...... 41292 Proposed Rules: 38847–39174...... 8 45627–45872...... 30 212...... 41292, 44392 302...... 42831 39175–39722...... 9 213...... 41292 315...... 42831 39723–39958...... 12 214...... 41292 236...... 44392 14 CFR 39959–40224...... 13 245...... 41292 3...... 42799 40225–41594...... 14 248...... 41292 21...... 39175 41595–41882...... 15 1001...... 44537 23 ...... 41595, 41597, 45649 41883–42798...... 16 1003...... 44537 25 ...... 38115, 39959, 42804, 42799–43036...... 19 1293...... 44537 43037, 43674 43037–43472...... 20 39 ...... 37570, 37957, 37959, 43473–43666...... 21 9 CFR 38850, 38853, 38855, 38859, 43667–44222...... 22 Ch. II ...... 45644 38862, 39176, 41599, 41602,
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41605, 41609, 41611, 41614, 558...... 39179, 39187 268...... 42808 180 ...... 38138, 38561, 39761, 41617, 41621, 41623, 41626, 1308...... 41913 311...... 38552 39768, 40219, 43510, 43703, 41629, 41632, 43039, 43676, Proposed Rules: 317...... 39970 44703, 44708, 44712, 44718, 43679, 43681, 44681, 44683, 15...... 43737 553...... 45406 45426 45061, 45065, 45068 172...... 39785 633...... 39725 258...... 39977 61...... 42799 1141...... 42754 701...... 43043 272...... 44225 63...... 42799 1308...... 43530 727...... 37769 282...... 41636, 44225 65...... 42799 300 ...... 37962, 38905, 41914, 71 ...... 37961, 38865, 39177, 22 CFR 33 CFR 45658 40227, 41908, 43042, 45651 121...... 45652 100 ...... 37578, 38867, 39187, 374...... 44225 73...... 39960, 39964 147...... 37576 42809, 43691, 44694 707...... 44225 97 ...... 40228, 40230, 40232, Ch. VII...... 37751 117...... 43043, 43501 721...... 43266 40234 138...... 39970 763...... 44225 382...... 43480 23 CFR 165 ...... 37578, 37770, 38135, 770...... 43517 Proposed Rules: 658...... 43686 38552, 38553, 38869, 38871, Proposed Rules: 25 ...... 39234, 39235, 39237, 39726, 39974, 42809, 42812, 30...... 38894 42842 24 CFR 42814, 43045, 43502, 43694, 51...... 39244 39 ...... 37974, 37976, 38146, 203...... 41846 43696, 43698, 44223, 44696, 52 ...... 37607, 37812, 37816, 38887, 38889, 39239, 206...... 41846 44698, 45071, 45073, 45414, 38895, 38898, 39244, 40344, 39241,39778, 39782, 39991, 234...... 41846 45416 40349, 41672, 41674, 41942, 41664, 43080, 43085, 44563, Proposed Rules: 334...... 38873 41944, 42871, 42872, 42876, 45118, 45690, 45692, 45694, 5...... 43536 Proposed Rules: 42881, 43738, 43741, 44798, 45697 100...... 42854 100 ...... 37808, 38148, 41670, 44801 71 ...... 39784, 40299, 40301, 200...... 43536 43090, 44263 62...... 37745, 45700 41937, 41938, 43089 117...... 37810, 43093 63...... 42704 25 CFR 155...... 40329 80...... 44804 15 CFR 169...... 42806 165 ...... 42869, 43095, 44792, 81...... 40351, 43757 315...... 38117 44794 82...... 41510 744 ...... 40237, 43487, 43493 26 CFR 334...... 38893 121...... 41948, 44080 131...... 38150 762...... 43487 1 ...... 37769, 38866, 44223, 34 CFR 174...... 37818, 45702 923...... 38118 44693 Proposed Rules: Ch. III...... 39727, 39736 180 ...... 37818, 44804, 45702 Proposed Rules: 257...... 40353 801...... 38583 1 ...... 37807, 38148, 38892, 36 CFR 271...... 44266 40317, 43542, 44258, 44262 282...... 41677 16 CFR 7...... 42815 300...... 37979, 38905 1227...... 37763 27 CFR 242...... 39188, 39744 721...... 38158, 40371 310...... 44686 Proposed Rules: Proposed Rules: 1750...... 37767 4...... 39786 220...... 39244 41 CFR Proposed Rules: 5...... 39786 Proposed Rules: Ch. II ...... 42847 38 CFR 7...... 39786 60...... 41677, 43764 9...... 42863 38...... 38556 17 CFR 61...... 43764 26...... 39786 62...... 45074 102-82...... 39994 75...... 38115 27...... 39786 Proposed Rules: 200...... 43872 4...... 37594 42 CFR 28 CFR 229...... 39966 81...... 37587 232...... 39966 0...... 44537 39 CFR 409...... 38728 239...... 39966 2...... 43690 3020...... 40258 412 ...... 38424, 39054, 42044 240 ...... 39178, 40247, 43872 Proposed Rules: Proposed Rules: 413...... 38728, 42044 249...... 39966 16...... 41940 265...... 44565 418...... 38484 255...... 38115 3050...... 44797, 45699 495...... 42044 274...... 39966 29 CFR Proposed Rules: Proposed Rules: 2200...... 45654 40 CFR 2...... 44566, 44568 229...... 44358 4022...... 41635 1...... 44225 88...... 38177 239...... 44358 Proposed Rules: 9...... 43266 403...... 40482 240...... 44358 103...... 39930 21...... 44225 405...... 38330, 39398 19 CFR 1910...... 41667 35...... 44225 410 ...... 38330, 39398, 40482 1915...... 41667 49...... 44225 412...... 39398 12...... 41909 1926...... 41667 52 ...... 37579, 37772, 37774, 413...... 38330 220...... 44687 38558, 38876, 38878, 39196, 414...... 38330, 40482 Proposed Rules: 30 CFR 39754, 39756, 39758, 39976, 415...... 40482 111...... 40302 Proposed Rules: 40266, 42819, 42822, 42825, 416...... 39398, 40482 127...... 44790 56...... 45452 43504, 43508, 43699, 43701, 418...... 40482 133...... 44790 57...... 45452 44225, 44233, 44235, 44238, 419...... 39398 70...... 45452 44543, 44545, 44699, 44701, 424...... 40482 20 CFR 71...... 45452 45418, 45419, 45422 425...... 40482 686...... 45403 72...... 45452 59...... 44225 486...... 39398 Proposed Rules: 90...... 45452 60...... 44225, 44547 489...... 40482 686...... 45449 61...... 44225 498...... 40482 31 CFR 62...... 44225, 45655 1001...... 37821 21 CFR 561...... 38545 63...... 44225 1003...... 37821 73...... 37573 562...... 38545 65...... 44225 510...... 39179 70...... 43701 44 CFR 520...... 39179 32 CFR 81...... 43508, 44238 64...... 38563, 41915 522...... 39179 96...... 38551 82...... 44225 Proposed Rules: 524...... 39179, 39187 165...... 42808 147...... 44225 67...... 37610
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45 CFR 1...... 38838, 40216 215...... 39254 20 ...... 38883, 42996, 44760, 410...... 44392 4...... 40216 219...... 39256 45077 12...... 40216 252...... 39254 Proposed Rules: 80...... 44772 180...... 39398 13...... 40216 Ch. 7 ...... 41954 100...... 39188, 39744 1304...... 39996 16...... 38836 2902...... 45456 218...... 40132 1305...... 39996 39...... 40216 402...... 44976 52 ...... 38836, 38838, 40216 49 CFR 1610...... 39787 424...... 45020 1630...... 39787 203...... 39201 270...... 45683 212...... 39203 390...... 40272 622 ...... 43526, 43725, 43726, 47 CFR 215...... 39204 571...... 44254 45437, 45687 217...... 39204 831...... 45686 635 ...... 38143, 39208, 39774, 1...... 43046, 43705 39978, 42827 20...... 37591 237...... 39203 1002...... 38579 648...... 37778, 43527 25...... 45659 252...... 39201, 39207 Proposed Rules: 30...... 43046 501...... 44750 107...... 41556 660...... 37780, 40296 43...... 43705 507...... 44750 171...... 41556 665...... 37592 54...... 43705 515...... 44750 172...... 41556 679 ...... 38885, 38886, 39209, 61...... 38566 538...... 44750 173...... 41556 43069, 43527, 43727, 43728, 64...... 45669 552...... 44750 178...... 41556 44788, 45115, 45688 69...... 38566 801...... 45679 179...... 41556 Proposed Rules: 73 ...... 40271, 41917, 43526, 823...... 45679 180...... 38180, 41556 17 ...... 40006, 41691, 41694, 45659 824...... 45679 350...... 44162 44832 826...... 45679 76...... 44725, 45659 355...... 44162 229...... 37822 836...... 45679 Proposed Rules: 367...... 44826 300...... 38912, 43570 843...... 45679 388...... 44162 1...... 43764 600...... 43570 54...... 43543, 43764 852...... 45679 395...... 43097, 44190 622 ...... 37611, 38198, 45459 73...... 41949, 44270 970...... 44750 571...... 43563 74...... 37979 2902...... 45434 576...... 38911 635...... 38918 76 ...... 37979, 44270, 45703 Proposed Rules: 633...... 44590 648 ...... 38919, 43573, 44596 2...... 39793 660 ...... 41818, 44272, 45706 48 CFR 19...... 39793 50 CFR 679 ...... 38912, 43570, 43576, Ch. 1...... 38836, 38839, 40216, 52...... 44270 17...... 44753 43783 40223 Ch. 2 ...... 41953 18...... 37716 697...... 43785
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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List August 28, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.
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