Vol. 85 Thursday, No. 74 April 16, 2020

Pages 21073–21310

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 74

Thursday, April 16, 2020

Agricultural Marketing Service Defense Department NOTICES See Engineers Corps 2020/2021 Rates Charged for AMS Services, 21162–21166 PROPOSED RULES Federal Acquisition Regulation: Agriculture Department Section 508-Based Standards in Information and See Agricultural Marketing Service Communication Technology; Correction, 21139 See Animal and Plant Health Inspection Service See Food and Nutrition Service Drug Enforcement Administration See Food Safety and Inspection Service NOTICES See Forest Service Bulk Manufacturer of Controlled Substances Application: See National Agricultural Statistics Service Bulk Manufacturer of Marihuana: Denco, LLC, 21268– NOTICES 21269 Agency Information Collection Activities; Proposals, Importer of Controlled Substances Application: Submissions, and Approvals, 21166–21167 Mylan Pharmaceuticals Inc., 21269

Animal and Plant Health Inspection Service Economic Development Administration NOTICES NOTICES Decision To Authorize the Importation of Fresh Sand Pears Worker Adjustment Assistance; Determinations: from Japan into the United States, 21167–21170 Petitions by Firms, 21177 Petition for Determination: Nonregulated Status for Maize Genetically Engineered for Education Department the Production of Phytase Enzyme; Agrivida, Inc., NOTICES 21170–21171 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Consumer Financial Protection Grant Application Form for Project Objectives and NOTICES Performance Measures Information, 21220–21221 Meetings: Academic Research Council, 21216–21217 Election Assistance Commission Community Bank Advisory Council, 21217–21218 NOTICES Consumer Advisory Board, 21217 Hearing: Credit Union Advisory Council, 21218 Election Response to COVID–19 Administering Elections During the Coronavirus Crisis, 21221 Centers for Disease Control and Prevention NOTICES Energy Department Agency Information Collection Activities; Proposals, See Federal Energy Regulatory Commission Submissions, and Approvals, 21234–21239 PROPOSED RULES Request for Information: Energy Conservation Program: World Trade Center Health Program Research Agenda, Test Procedures for Consumer Water Heaters and 21239 Residential-Duty Commercial Water Heaters, 21104– 21115 Children and Families Administration NOTICES NOTICES Application: Agency Information Collection Activities; Proposals, Rescind Presidential Permit; Champlain Hudson Power Submissions, and Approvals: Express, Inc. and CHPE, LLC, 21221–21222 Administration and Oversight of the Unaccompanied Alien Children Program, 21240–21241 Engineers Corps NOTICES Civil Rights Commission Environmental Impact Statements; Availability, etc.: NOTICES Yazoo Area Pump Project, 21218–21220 Meetings: Mississippi Advisory Committee; Correction, 21177 Environmental Protection Agency NOTICES Commerce Department Proposed Settlement Agreements, Safe Drinking Water Act See Economic Development Administration Claims, 21230–21232 See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration Federal Aviation Administration RULES Consumer Product Safety Commission Airworthiness Directives: PROPOSED RULES International Aero Engines LLC, Turbofan Engines, Fees for Production of Records; Other Amendments to 21073–21075 Procedures for Disclosure of Information Under the Establishment of Class E Airspace: Freedom of Information Act, 21118–21126 Hardin, MT, 21075–21076

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PROPOSED RULES Food and Drug Administration Airworthiness Directives: NOTICES Airbus SAS Airplanes, 21115–21118 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Communications Commission Advisory Committee Nomination Applications, 21249– RULES 21250 Modernization of Media Regulation Initiative: Color Additive Certification Requests and Recordkeeping, Expansion of Online Public File Obligations to Cable and 21250–21252 Satellite TV Operators and Broadcast and Satellite Communication Readership Survey; Withdrawal., 21246– Radio Licensees; Standardized and Enhanced 21247 Disclosure Requirements for Television Broadcast Establishing and Maintaining a List of U.S. Licensee Public Interest Obligations, 21076–21079 PROPOSED RULES Manufacturers/Processors of Feed Additives, Modernization of Media Regulation Initiative; Program Premixes, Compound Feed, Distillers’ Dried Grains, Carriage, 21131–21139 and Distillers’ Dried Grains with Solubles for Use NOTICES with Animals With Interest in Exporting to The Meetings: People’s Republic of China, 21242–21244 Consumer Advisory Committee, 21232 Pediatric Uses of Medical Devices, 21241–21242 Premarket Notification Procedures, 21244–21246 Federal Election Commission Temporary Marketing Permit Applications, 21247–21249 NOTICES Meetings; Sunshine Act, 21232–21233 Food and Nutrition Service NOTICES Federal Energy Regulatory Commission Request for Information: NOTICES WIC National Universal Product Code Database Next Agency Information Collection Activities; Proposals, Steps, 21172–21174 Submissions, and Approvals, 21222–21223, 21229– 21230 Food Safety and Inspection Service Combined Filings, 21228–21229 NOTICES Complaint: Agency Information Collection Activities; Proposals, XO Energy, LLC, XO Energy MA, LP, XO Energy MA2, Submissions, and Approvals, 21171–21172 LP v. PJM Interconnection, L.L.C., 21226 Meetings: Foreign-Trade Zones Board Midcontinent Independent System Operator, Inc.; NOTICES Technical Conference, 21223–21226 Approval of Subzone Status: Revised Refund Report: Waters Technologies Corp., Milford, MA, 21177 GRE 314 East Lyme LLC, 21230 Authorization of Production Activity: Schedule for Environmental Review: Waters Technologies Corp., Foreign-Trade Zone 27, WBI Energy Transmission, Inc.; North Bakken Expansion Boston, MA, 21178 Project, 21227–21228 Settlement Agreement: Forest Service New York State Electric and Gas Corp., 21226–21227 NOTICES Newspapers Used for Publication of Legal Notices: Federal Financial Institutions Examination Council Rocky Mountain Region, which includes Colorado, NOTICES Kansas, Nebraska, and Parts of South Dakota and Meetings: Wyoming, 21174–21175 Appraisal Subcommittee, 21233 Revision of the Land Management Plan for the Chugach National Forest, 21175–21176 Federal Maritime Commission NOTICES General Services Administration Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 21233–21234 Federal Acquisition Regulation: Federal Mine Safety and Health Review Commission Section 508-Based Standards in Information and NOTICES Communication Technology; Correction, 21139 Meetings: Health and Human Services Department Temporary Suspension of In-Person Hearings, 21234 See Centers for Disease Control and Prevention Federal Railroad Administration See Children and Families Administration PROPOSED RULES See Food and Drug Administration Texas Central Railroad High-Speed Rail Safety Standards, See Health Resources and Services Administration 21159–21161 See National Institutes of Health Fish and Wildlife Service Health Resources and Services Administration RULES NOTICES General Provisions; Revised List of Migratory Birds, 21282– National Vaccine Injury Compensation Program: 21305 List of Petitions Received, 21252–21254 NOTICES List of Bird Species to Which the Migratory Bird Treaty Act Homeland Security Department Does Not Apply, 21262–21264 See U.S. Immigration and Customs Enforcement

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NOTICES National Institutes of Health Meetings: NOTICES Homeland Security Advisory Council, 21257–21258 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Housing and Urban Development Department Application Process for Clinical Research Training and NOTICES Medical Education at the Clinical Center and its Regulatory Waiver Requests Granted for the Fourth Quarter impact on Course and Training Program Enrollment of Calendar Year 2019, 21259–21262 and Effectiveness, 21255–21256 Meetings: Indian Affairs Bureau Center for Scientific Review, 21255 NOTICES Eunice Kennedy Shriver National Institute of Child Indian Gaming: Health and Human Development, 21254–21255 Extension of Tribal-State Class III Gaming Compact Interagency Coordinating Committee on the Validation of (Standing Rock Sioux Tribe of North & South Dakota Alternative Methods; Public Webcast, 21256–21257 and the State of South Dakota), 21264 National Oceanic and Atmospheric Administration RULES Interior Department List of Fisheries for 2020, 21079–21103 See Fish and Wildlife Service NOTICES See Indian Affairs Bureau Meetings: See Ocean Energy Management Bureau Mid-Atlantic Fishery Management Council, 21215–21216 New England Fishery Management Council, 21178 Internal Revenue Service South Atlantic Fishery Management Council, 21178– PROPOSED RULES 21179 Computation and Reporting of Reserves for Life Insurance Western Pacific Fishery Management Council, 21216 Companies; Correction, 21129–21130 Takes of Marine Mammals Incidental to Specified Preparer Tax Identification Number User Fee Update, Activities: 21126–21129 Floating Dry Dock Project at Naval Base San Diego in San Diego, California, 21179–21198 International Trade Commission Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off of New York and New NOTICES Investigations; Determinations, Modifications, and Rulings, Jersey, 21198–21215 etc.: National Science Foundation Certain in Vitro Fertilization Products, Components NOTICES Thereof, and Products Containing the Same, 21267– Agency Information Collection Activities; Proposals, 21268 Submissions, and Approvals, 21271–21273 Steel Concrete Reinforcing Bar From Mexico and Turkey, Meetings; Sunshine Act, 21273 21266–21267 Temporary Change to Antidumping/Countervailing Duty Nuclear Regulatory Commission Conference and Hearing Procedures, 21266 NOTICES License Amendment Application: Justice Department Exelon Generation Company, LLC; Braidwood Station, See Drug Enforcement Administration Unit No. 2, 21274–21277 NOTICES Meetings: Agency Information Collection Activities; Proposals, Advisory Committee on the Medical Uses of Isotopes, Submissions, and Approvals: 21273–21274 2019 Census of Jails, 21269–21270 Ocean Energy Management Bureau Labor Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Project Planning for the Use of Outer Continental Shelf Asbestos in Shipyards Standard, 21270–21271 Sand, Gravel, and Shell Resources in Construction Beryllium Standard for General Industry, Construction Projects That Qualify for a Negotiated and Maritime, 21271 Noncompetitive Agreement, 21265–21266 Pipeline and Hazardous Materials Safety Administration National Aeronautics and Space Administration PROPOSED RULES PROPOSED RULES Pipeline Safety: Federal Acquisition Regulation: Regulatory Reform for Hazardous Liquid Pipelines, Section 508-Based Standards in Information and 21140–21159 Communication Technology; Correction, 21139 Postal Regulatory Commission National Agricultural Statistics Service PROPOSED RULES NOTICES Periodic Reporting, 21130–21131 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 21176–21177 New Postal Product, 21277

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Postal Service See Pipeline and Hazardous Materials Safety NOTICES Administration Product Change: First-Class Package Service Negotiated Service Treasury Department Agreement, 21278 See Internal Revenue Service Priority Mail Negotiated Service Agreement, 21278 U.S. Immigration and Customs Enforcement Presidential Documents NOTICES PROCLAMATIONS Agency Information Collection Activities; Proposals, Special Observances: Submissions, and Approvals: Pan American Day and Pan American Week (Proc. Application for a Stay of Deportation or Removal, 21258– 10009), 21307–21310 21259

Railroad Retirement Board NOTICES Separate Parts In This Issue Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21278–21279 Part II Interior Department, Fish and Wildlife Service, 21282– Small Business Administration 21305 NOTICES Disaster Declaration: Part III Commonwealth of Puerto Rico; Amendment 6, 21279 Presidential Documents, 21307–21310

Surface Transportation Board NOTICES Reader Aids Amended Lease and Operation Exemption Containing Consult the Reader Aids section at the end of this issue for Interchange Commitment: phone numbers, online resources, finding aids, and notice Portland and Western Railroad, Inc.; BNSF Railway Co., of recently enacted public laws. 21279–21280 To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Transportation Department accounts/USGPOOFR/subscriber/new, enter your e-mail See Federal Aviation Administration address, then follow the instructions to join, leave, or See Federal Railroad Administration 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.

3 CFR Proclamations: 10009...... 21309 10 CFR Proposed Rules: 430...... 21104 431...... 21104 14 CFR 39...... 21073 71...... 21075 Proposed Rules: 39...... 21115 16 CFR Proposed Rules: 1015...... 21118 26 CFR Proposed Rules: 1...... 21129 300...... 21126 301...... 21129 39 CFR Proposed Rules: 3050...... 21130 47 CFR 73...... 21076 76...... 21076 Proposed Rules: 76...... 21131 48 CFR Proposed Rules: 10 (3 documents) ...... 21139 49 CFR Proposed Rules: 190...... 21140 194...... 21140 195...... 21140 299...... 21159 50 CFR 10...... 21282 229...... 21079

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Rules and Regulations Federal Register Vol. 85, No. 74

Thursday, April 16, 2020

This section of the FEDERAL REGISTER www.regulations.gov by searching for The FAA interprets this comment as contains regulatory documents having general and locating Docket No. FAA–2019– being applicable to a different published applicability and legal effect, most of which 0906; or in person at Docket Operations AD; AD 2019–25–01 (84 FR 65666, are keyed to and codified in the Code of between 9 a.m. and 5 p.m., Monday November 29, 2019). AD 2019–25–01 Federal Regulations, which is published under through Friday, except Federal holidays. references IAE engines by ESN while 50 titles pursuant to 44 U.S.C. 1510. The AD docket contains this final rule, this AD does not. The FAA will fully The Code of Federal Regulations is sold by the regulatory evaluation, any address this comment in our comment the Superintendent of Documents. comments received, and other disposition to AD 2019–25–01, which information. The address for Docket will be posted in Docket No. FAA– Operations is U.S. Department of 2019–0995. In addition, to clarify that DEPARTMENT OF TRANSPORTATION Transportation, Docket Operations, M– the applicability of this AD does not 30, West Building Ground Floor, Room overlap the applicability of AD 2019– Federal Aviation Administration W12–140, 1200 New Jersey Avenue SE, 25–01, the FAA added a note to the Washington, DC 20590. applicability section of this AD to 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: clarify the exclusion of engines affected [Docket No. FAA–2019–0906; Project Kevin M. Clark, Aerospace Engineer, by AD 2019–25–01. Identifier 2019–NE–31–AD; Amendment 39– ECO Branch, FAA, 1200 District Request To Revise Compliance 21111; AD 2020–08–04] Avenue, Burlington, MA, 01803; phone: An individual commenter requested 781–238–7088; fax: 781–238–7199; RIN 2120–AA64 that the FAA, to control the risk email: [email protected]. effectively, incorporate the following Airworthiness Directives; International SUPPLEMENTARY INFORMATION: Aero Engines LLC, Turbofan Engines requirements in the AD: (1) At a specific Discussion calendar time, and next shop visit, AGENCY: Federal Aviation whichever occurs first, complete the Administration (FAA), DOT. The FAA issued a notice of proposed replacement of affected LPT 3rd-stage rulemaking (NPRM) to amend 14 CFR ACTION: Final rule. blades; and (2) Perform inspection on part 39 by adding an AD that would specific areas of the LPT 3rd-stage SUMMARY: The FAA is adopting a new apply to certain International Aero blades at specific time, and repeat the airworthiness directive (AD) for certain Engines, LLC (IAE) PW1133G–JM, inspection in a specific interval. If any International Aero Engines, LLC (IAE) PW1133GA–JM, PW1130G–JM, defects are found that exceed the PW1133G–JM, PW1133GA–JM, PW1129G–JM, PW1127G–JM, limitation, then replace the LPT 3rd- PW1130G–JM, PW1129G–JM, PW1127GA–JM, PW1127G1–JM, stage blades before the next flight. PW1127G–JM, PW1127GA–JM, PW1124G–JM, PW1124G1–JM, and The FAA disagrees. The FAA has not PW1127G1–JM, PW1124G–JM, PW1122G–JM model turbofan engines. revised this AD because we have PW1124G1–JM, and PW1122G–JM The NPRM published in the Federal mandated actions for operators that model turbofan engines. This AD was Register on November 22, 2019 (84 FR have experienced a greater number of prompted by reports of failures of 64441). The NPRM was prompted by LPT 3rd-stage blades failures in AD certain low-pressure turbine (LPT) 3rd- reports of failures of certain LPT 3rd- 2019–25–01. The FAA has not stage blades. This AD requires stage blades. The NPRM proposed to incorporated the use of calendar time replacement of the affected LPT 3rd- require replacement of the affected LPT for performance of the required actions stage blades. The FAA is issuing this AD 3rd-stage blades. The FAA is issuing on the entire fleet or for general to address the unsafe condition on these this AD to address the unsafe condition inspections of the LPT 3rd-stage blades products. on these products. because, based on the current failure DATES: This AD is effective May 21, Comments rate for the entire fleet, this action is not 2020. required to maintain safety in The FAA gave the public the accordance with FAA’s risk assessment ADDRESSES: For service information opportunity to participate in developing policies. Also, incorporating a general identified in this final rule, contact this final rule. The following presents inspection of the LPT 3rd-stage blades International Aero Engines, LLC, 400 the comments received on the NPRM without targeting a specific root cause Main Street, East Hartford, CT, 06118; and the FAA’s response to each will not improve safety and may phone: 800–565–0140; email: help24@ comment. generate more mistakes and unnecessary pw.utc.com; internet: https:// Request To Clarify AD Applicability damage to the LPT 3rd-stage blades. fleetcare.pw.utc.com. You may view this service information at the FAA, Engine An Air Macau commenter asked how Request To Clarify Compliance Time and Propeller Standards Branch, 1200 the affected engine serial numbers An individual commenter noted that District Avenue, Burlington, MA, 01803. (ESNs) were selected. The commenter all the PW1100G–JM series engines with For information on the availability of also asked what the criteria was for LPT 3rd-stage blades are made from the this material at the FAA, call 781–238– compliance times of 90, 180, 270, and same material alloy. The commenter 7759. 360 days. The commenter asked how requested that the FAA provide the airlines could have confidence in an technical analysis to clarify why the Examining the AD Docket ESN that is very close to an ESN other engines affected by this AD have You may examine the AD docket on affected by this AD, but not a different compliance time than those the internet at https:// incorporated into this AD. affected by FAA AD 2019–25–01.

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The FAA agrees that affected IAE shop visit in this AD does not include Conclusion engines will have the same material a definition of ‘‘major mating engine alloy unless the engine has either flange.’’ On the other hand, PW SB The FAA reviewed the relevant data, incorporated the new LPT 3rd-stage PW1000G–C–72–00–0111–00A–930A– considered the comments received, and blades as identified in Pratt & Whitney D, (‘‘the PW SB’’) indicates that flanges determined that air safety and the (PW) Service Bulletin (SB) PW1000G– ‘‘E through P’’ are considered ‘‘major public interest require adopting this C–72–00–0111–00A–930A–D or the mating engine flanges.’’ ANA would like final rule as proposed. engine was produced since March 2019. to confirm this AD applies when the Related Service Information IAE engines affected by AD 2019–25–01 engine is inducted into the shop for are operated by operators who have maintenance and only major mating The FAA reviewed Pratt & Whitney experienced the majority of these LPT engine flanges B or C are separated. SB PW1000G–C–72–00–0111–00A– 3rd-stage blade failures. This The definition of ‘‘engine shop visit’’ 930A–D, Issue No. 002, dated October demonstrates that the operation of the in this AD is accurate. The term ‘‘major 18, 2019. The service information affected IAE engines can have an effect mating engine flanges,’’ as used in this describes procedures for removal of the on the frequency of the LPT 3rd-stage AD, is consistent with the PW SB. The affected LPT 3rd-stage blades and their blade failures. However, the entire term ‘‘major mating engine flanges’’ are airplane fleet will still have a risk of replacement with parts eligible for flanges E through P. If only mating engine failure until the new blade installation. engine flanges B or C are separated, then design is incorporated into the engine. this is not considered an engine shop Costs of Compliance The required action to remove the visit, per the definition provided in this affected LPT 3rd-stage blades from The FAA estimates that this AD AD. service at the next engine shop visit will affects 65 engines installed on airplanes address the unsafe condition for the Support for the AD of U.S. registry. remaining engines affected by this AD. The Air Line Pilots Association, an The FAA estimates the following Request for Clarification of Definition individual commenter, and anonymous costs to comply with this AD: All Nippon Airways (ANA) commenters supported the NPRM as commented that the definition of engine written.

ESTIMATED COSTS

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

Replace set of LPC 3rd-stage 0 work-hours × $85 per hour = $0 $750,000 per blade set ...... $750,000 $48,750,000 blades.

Authority for This Rulemaking government and the States, or on the Authority: 49 U.S.C. 106(g), 40113, 44701. distribution of power and Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue responsibilities among the various rules on aviation safety. Subtitle I, levels of government. ■ 2. The FAA amends § 39.13 by adding section 106, describes the authority of For the reasons discussed above, I the following new airworthiness the FAA Administrator. Subtitle VII: certify that this AD: directive (AD): (1) Is not a ‘‘significant regulatory Aviation Programs, describes in more 2020–08–04 International Aero Engines detail the scope of the Agency’s action’’ under Executive Order 12866, (2) Will not affect intrastate aviation LLC: Amendment 39–21111; Docket No. authority. FAA–2019–0906; Project Identifier in Alaska, and The FAA is issuing this rulemaking 2019–NE–31–AD. (3) Will not have a significant under the authority described in economic impact, positive or negative, (a) Effective Date Subtitle VII, Part A, Subpart III, Section on a substantial number of small entities 44701: ‘‘General requirements.’’ Under This AD is effective May 21, 2020. under the criteria of the Regulatory that section, Congress charges the FAA (b) Affected ADs Flexibility Act. with promoting safe flight of civil None. aircraft in air commerce by prescribing List of Subjects in 14 CFR Part 39 (c) Applicability regulations for practices, methods, and Air transportation, Aircraft, Aviation procedures the Administrator finds This AD applies to International Aero safety, Incorporation by reference, Engines, LLC (IAE) PW1133G–JM, necessary for safety in air commerce. Safety. This regulation is within the scope of PW1133GA–JM, PW1130G–JM, PW1129G– that authority because it addresses an Adoption of the Amendment JM, PW1127G–JM, PW1127GA–JM, unsafe condition that is likely to exist or PW1127G1–JM, PW1124G–JM, PW1124G1– Accordingly, under the authority JM, and PW1122G–JM model turbofan develop on products identified in this delegated to me by the Administrator, engines with low-pressure turbine (LPT) 3rd- rulemaking action. the FAA amends 14 CFR part 39 as stage blades, part number (P/N) 5387343, Regulatory Findings follows: 5387493, 5387473, or 5387503, installed. Note to paragraph (c): This AD does not This AD will not have federalism PART 39—AIRWORTHINESS apply to IAE PW1133G–JM, PW1133GA–JM, implications under Executive Order DIRECTIVES PW1130G–JM, PW1129G–JM, PW1127G–JM, 13132. This AD will not have a PW1127GA–JM, PW1127G1–JM, PW1124G– substantial direct effect on the States, on ■ 1. The authority citation for part 39 JM, PW1124G1–JM, and PW1122G–JM model the relationship between the national continues to read as follows: turbofan engines with engine serial numbers

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listed in paragraph (g) of AD 2019–25–01 (84 Issued on April 10, 2020. Subtitle I, Section 106 describes the FR 65666, November 29, 2019). Lance T. Gant, authority of the FAA Administrator. Subtitle VII, Aviation Programs, (d) Subject Director, Compliance & Airworthiness Division, Aircraft Certification Service. describes in more detail the scope of the Joint Aircraft System Component (JASC) [FR Doc. 2020–08002 Filed 4–15–20; 8:45 am] agency’s authority. This rulemaking is Code 7250, Turbine Section. BILLING CODE 4910–13–P promulgated under the authority (e) Unsafe Condition described in Subtitle VII, Part A, This AD was prompted by reports of failure Subpart I, Section 40103. Under that of certain LPT 3rd-stage blades. The FAA is DEPARTMENT OF TRANSPORTATION section, the FAA is charged with issuing this AD to prevent failure of these prescribing regulations to assign the use LPT 3rd-stage blades. The unsafe condition, Federal Aviation Administration of airspace necessary to ensure the if not addressed, could result in uncontained safety of aircraft and the efficient use of release of the LPT 3rd-stage blades, failure of 14 CFR Part 71 airspace. This regulation is within the one or more engines, loss of thrust control, [Docket No. FAA–2019–0954; Airspace scope of that authority as it would and loss of the airplane. Docket No. 19–ANM–6] establish Class E airspace at Big Horn (f) Compliance County Airport, Hardin, MT, to ensure RIN 2120–AA66 the safety and management of Comply with this AD within the Establishment of Class E Airspace; Instrument Flight Rules (IFR) operations compliance times specified, unless already at the airport. done. Hardin, MT History (g) Required Actions AGENCY: Federal Aviation At the next engine shop visit after the Administration (FAA), DOT. The FAA published a notice of effective date of this AD, remove from service ACTION: Final rule. proposed rulemaking in the Federal any LPT 3rd-stage blade, P/N 5387343, Register (85 FR 2330; January 15, 2020) 5387493, 5387473, or 5387503, and replace SUMMARY: This action establishes Class for Docket No. FAA–2019–0954 to with a part eligible for installation. E airspace at Big Horn County Airport, establish Class E airspace at Big Horn Hardin, MT. The airspace extends County Airport, Hardin, MT. Interested (h) Definitions upward from 700 feet above the surface parties were invited to participate in (1) For the purpose of this AD, an ‘‘engine and contains arriving and departing IFR this rulemaking effort by submitting shop visit’’ is the induction of an engine into aircraft operating to/from the airport. written comments on the proposal to the the shop for maintenance involving the DATES: Effective 0901 UTC, July 16, FAA. No comments were received. separation of pairs of major mating engine 2020. The Director of the Federal Class E5 airspace designations are flanges, except that the separation of engine published in paragraph 6005 of FAA flanges solely for the purposes of Register approves this incorporation by reference action under Title 1 Code of Order 7400.11D, dated August 8, 2019, transportation of the engine without and effective September 15, 2019, which subsequent engine maintenance does not Federal Regulations part 51, subject to constitute an engine shop visit. the annual revision of FAA Order is incorporated by reference in 14 CFR (2) For the purpose of this AD, a ‘‘part 7400.11 and publication of conforming 71.1. The Class E airspace designation eligible for installation’’ is any LPT 3rd-stage amendments. listed in this document will be blade that does not have a P/N 5387343, ADDRESSES: FAA Order 7400.11D, published subsequently in the Order. 5387493, 5387473, or 5387503. Airspace Designations and Reporting Availability and Summary of (i) Alternative Methods of Compliance Points, and subsequent amendments can Documents for Incorporation by (AMOCs) be viewed online at https:// Reference _ (1) The Manager, ECO Branch, FAA, has www.faa.gov//air traffic/publications/. This document amends FAA Order the authority to approve AMOCs for this AD, For further information, you can contact 7400.11D, Airspace Designations and if requested using the procedures found in 14 the Airspace Policy Group, Federal Reporting Points, dated August 8, 2019, CFR 39.19. In accordance with 14 CFR 39.19, Aviation Administration, 800 and effective September 15, 2019. FAA send your request to your principal inspector Independence Avenue SW, Washington, Order 7400.11D is publicly available as or local Flight Standards District Office, as DC 20591; telephone: (202) 267–8783. listed in the ADDRESSES section of this appropriate. If sending information directly The Order is also available for to the manager of the certification office, document. FAA Order 7400.11D lists inspection at the National Archives and Class A, B, C, D, and E airspace areas, send it to the attention of the person Records Administration (NARA). For identified in paragraph (j) of this AD. You air traffic service routes, and reporting information on the availability of FAA points. may email your request to: ANE-AD-AMOC@ Order 7400.11D at NARA, email faa.gov. [email protected] or go to https:// The Rule (2) Before using any approved AMOC, notify your appropriate principal inspector, www.archives.gov/federal-register/cfr/ This amendment to Title 14 Code of or lacking a principal inspector, the manager ibr-locations.html. Federal Regulations (14 CFR) part 71 of the local flight standards district office/ FOR FURTHER INFORMATION CONTACT: establishes Class E airspace extending certificate holding district office. Matthew Van Der Wal, Federal Aviation upward from 700 feet or more above the Administration, Western Service Center, (j) Related Information surface at the Big Horn County Airport, Operations Support Group, 2200 S. Hardin, MT. The Class E airspace area For more information about this AD, 216th Street, Des Moines, WA 98198; supports the airport’s transition from contact Kevin M. Clark, Aerospace Engineer, telephone (206) 231–3695. VFR to IFR operations. It contains IFR ECO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; phone: 781–238– SUPPLEMENTARY INFORMATION: departures until reaching 1,200 feet above the surface and IFR arrivals 7088; fax: 781–238–7199; email: Authority for This Rulemaking [email protected]. descending below 1,500 feet above the The FAA’s authority to issue rules surface. (k) Material Incorporated by Reference regarding aviation safety is found in The airspace area is described as None. Title 49 of the United States Code. follows: That airspace extending

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upward from 700 feet above the surface § 71.1 [Amended] Division, Media Bureau, (202) 418– within a 6.4-mile radius of the airport, ■ 2. The incorporation by reference in 2120. ° and within 2 miles each side of the 090 14 CFR 71.1 of FAA Order 7400.11D, SUPPLEMENTARY INFORMATION: This is a bearing from the airport, extending from Airspace Designations and Reporting summary of the Commission’s Order, the 6.4-mile radius to 10.4 miles east of Points, dated August 8, 2019, and FCC 20–32, adopted on March 17, 2020 the Big Horn County Airport. effective September 15, 2019, is and released on March 18, 2020, which FAA Order 7400.11, Airspace amended as follows: is the subject of this rulemaking. The Designations and Reporting Points, is full text is available for public published yearly and effective on Paragraph 6005 Class E Airspace Areas inspection and copying during regular September 15. Extending Upward From 700 Feet or More Above the Surface of the Earth. business hours in the FCC Reference Regulatory Notices and Analyses * * * * * Center, Federal Communications Commission, 445 12th Street, SW, Room The FAA has determined that this ANM MT E5—Hardin, MT regulation only involves an established CY–A257, Washington, DC 20554. This Big Horn County Airport, Hardin, MT document will also be available via body of technical regulations for which ° ′ ″ ° ′ ″ frequent and routine amendments are (Lat. 45 44 40 N, long. 107 39 38 W) ECFS at http://fjallfoss.fcc.gov/ecfs/. necessary to keep them operationally That airspace extending upward from 700 Documents will be available current, is non-controversial and feet above the surface within a 6.4-mile electronically in ASCII, Microsoft Word, radius of the airport, and within 2.0 miles unlikely to result in adverse or negative ° and/or Adobe Acrobat. Alternative each side of the 090 bearing from the airport, formats are available for people with comments. It, therefore: (1) Is not a extending from the 6.4-mile radius to 10.4 ‘‘significant regulatory action’’ under miles east Big Horn County Airport. disabilities (Braille, large print, Executive Order 12866; (2) is not a electronic files, audio format), by Issued in Seattle, Washington, on April 10, sending an email to [email protected] or ‘‘significant rule’’ under DOT 2020. Regulatory Policies and Procedures (44 calling the Commission’s Consumer and FR 11034; February 26, 1979); and (3) Shawn M. Kozica, Governmental Affairs Bureau at (202) does not warrant preparation of a Group Manager,Western Service Center, 418–0530 (voice), (202) 418–0432 regulatory evaluation as the anticipated Operations Support Group. (TTY). [FR Doc. 2020–08028 Filed 4–15–20; 8:45 am] impact is so minimal. Since this is a Synopsis routine matter that will only affect air BILLING CODE 4910–13–P traffic procedures and air navigation, it 1. In this Order, we make non- is certified that this rule, when substantive, editorial revisions to parts promulgated, would not have a FEDERAL COMMUNICATIONS 73 and 76 of the Commission’s rules to significant economic impact on a COMMISSION eliminate rules that have become substantial number of small entities unnecessary because they no longer under the criteria of the Regulatory 47 CFR Parts 73 and 76 have any applicability. Specifically, we Flexibility Act. [MB Docket Nos. 17–105 and 14–127, MM delete certain rule provisions regarding Docket No. 00–168; FCC 20–32; FRS 16600] the maintenance of local public Environmental Review inspection files by commercial The FAA has determined that this Modernization of Media Regulation broadcast stations, noncommercial action qualifies for categorical exclusion Initiative; Expansion of Online Public educational (NCE) broadcast stations, under the National Environmental File Obligations to Cable and Satellite and cable system operators. These Policy Act in accordance with FAA TV Operators and Broadcast and provisions are, or as of the effective date Order 1050.1F, ‘‘Environmental Satellite Radio Licensees; of this Order will be, without legal effect Impacts: Policies and Procedures,’’ Standardized and Enhanced and therefore obsolete due to the paragraph 5–6.5a. This airspace action Disclosure Requirements for completion of the transition from local is not expected to cause any potentially Television Broadcast Licensee Public hard copy public inspection files to significant environmental impacts, and Interest Obligations online public inspection files. no extraordinary circumstances exist Eliminating this obsolete language will that warrant preparation of an AGENCY: Federal Communications ease review and clarity of the current environmental assessment. Commission. public file requirements and streamline ACTION: Final rule. List of Subjects in 14 CFR Part 71 our rules. 2. In 2012, the Commission first SUMMARY: In this document, the Airspace, Incorporation by reference, adopted online public inspection file Commission makes non-substantive, Navigation (air). rules for television broadcasters, editorial revisions to the Commission’s requiring them to post public file Adoption of the Amendment rules to eliminate regulations that have documents to a central, Commission- In consideration of the foregoing, the become unnecessary because they no hosted online database rather than Federal Aviation Administration longer have any applicability. These maintaining files locally at their main amends 14 CFR part 71 as follows: relevant provisions are now without studios.1 In 2016, the Commission legal effect and therefore obsolete due to expanded the online public inspection PART 71—DESIGNATION OF CLASS A, the completion of the transition from file requirements to additional entities, B, C, D, AND E AIRSPACE AREAS; AIR local hard copy public inspection files including cable operators and broadcast TRAFFIC SERVICE ROUTES; AND to online public inspection files. REPORTING POINTS radio licensees.2 To ease compliance DATES: This rule is effective April 16, ■ 1. The authority citation for 14 CFR 2020. 1 The public inspection file rules apply to full part 71 continues to read as follows: FOR FURTHER INFORMATION CONTACT: For power and Class A television stations, and not to low power television or television translators. Authority: 49 U.S.C. 106(f), 106(g), 40103, additional information on this 2 The online file requirements also were 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, proceeding, contact Diana Sokolow, expanded to satellite TV (also referred to as ‘‘Direct 1959–1963 Comp., p. 389. [email protected], of the Policy Broadcast Satellite’’ or ‘‘DBS’’) providers and

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burdens for smaller entities with limited add language to the cable public file publication date, by which time the financial resources, the Commission rules to clarify that only those cable transition to the online public file will delayed for two years, until March 1, systems that are exempt from the online be complete.10 2018, online file obligations for radio public file requirement, i.e., those with 6. Because these rule changes do not stations outside the top 50 markets, fewer than 1,000 subscribers, will require notice and comment, the radio stations within the top 50 markets continue to be permitted to retain public Regulatory Flexibility Act does not with fewer than five fulltime employees, file material at their system.6 We also apply. NCE radio stations, and smaller cable delete other obsolete language in the 7. This Order does not contain new or operators.3 In addition, television public file rules.7 modified information collection stations, radio stations, and cable 4. We make certain additional minor requirements subject to the Paperwork system operators were not required to revisions to the rules to reflect the Reduction Act of 1995 (PRA). In upload existing political file material, completion of the transition to the addition, therefore, it does not contain but only new political file material on online public inspection file. any new or modified information a going-forward basis. This phased Specifically, we change the word collection burden for small business approach was intended to further ‘‘local’’ in the current title of §§ 73.3526 concerns with fewer than 25 employees, smooth the transition for regulated (Local public inspection file of pursuant to the Small Business entities and the Commission and to commercial stations) and 73.3527 (Local Paperwork Relief Act of 2002. allow smaller entities additional time to public inspection file of noncommercial 8. The Commission has determined, begin posting their political files online. educational stations) to ‘‘online.’’ 8 In and the Administrator of the Office of Since the last hard copy political file addition, we revise the political file rule Information and Regulatory Affairs, material would have been placed in the (§ 73.1943) to delete language pertaining Office of Management and Budget, file by March 1, 2018, and since all to retention of the political file at the concurs that this rule is ‘‘non-major’’ political file material is subject to a two- station and to clarify that the records under the Congressional Review Act, 5 year retention period, as of March 1, must be placed in the online political U.S.C. 804(2). The Commission will 2020 the transition to the online public file.9 Finally, we change the word send a copy of the Order to Congress file will be complete and the rule ‘‘locally’’ in § 73.3615 to ‘‘in the online and the Government Accountability revisions adopted herein will be public inspection file.’’ Office pursuant to 5 U.S.C. 801(a)(1)(A). effective as of that date or as of the date 5. The rule revisions adopted in this 9. Accordingly, IT IS ORDERED that, of Federal Register publication, Order are non-substantive, editorial effective on the latter of March 1, 2020 whichever is later.4 revisions. Because these revisions or the Federal Register publication date, 3. With the transition complete, we merely eliminate provisions that are no parts 73 and 76 of the Commission’s adopt this Order to remove the longer effective and thus obsolete as of rules ARE AMENDED, as set forth in the transitional requirements from the March 1, 2020, and make other related attached Final Rules, pursuant to the public file rules. Specifically, we delete non-substantive edits, we find good authority contained in sections 4(i) and portions of the public file rules that cause to conclude that notice and 303(r) of the Communications Act of pertain to radio licensees being comment procedures are unnecessary 1934, as amended, 47 U.S.C. 154(i), temporarily exempt from the online and would not serve any useful 303(r), and in sections 553(b)(3)(B) and public file, since such licensees were no purpose. As explained above, these 553(d)(3) of the Administrative longer exempt as of March 1, 2018. We revisions will be effective on the latter Procedure Act, 5 U.S.C 553(b)(3)(B), also delete portions of the rules that of March 1, 2020 or the Federal Register 553(d)(3). pertain to retention of the existing 10. IT IS FURTHER ORDERED that, 6 political files in hard copy, which are Specifically, we revise § 76.1700(e) to clarify should no petitions for reconsideration no longer relevant as of March 1, 2020. that its provisions involving the location of public file material that continues to be retained at the or petitions for judicial review be timely In addition, we delete portions of the system apply to cable television systems that are filed, MB Docket No. 14–127 and MM rules that currently explain what is exempt from the online public file requirement Docket No. 00–168 SHALL BE meant by references to the ‘‘local public pursuant to § 76.1700(d). Similarly we revise TERMINATED and their dockets closed. inspection file,’’ since such references § 76.1700(f) to clarify that those systems required to 5 include in the online public file the address of the List of Subjects will not appear in the revised rules. We system’s local public file will be systems that are exempt from the online public file requirement 47 CFR Part 73 satellite radio (also referred to as ‘‘Satellite Digital pursuant to § 76.1700(d) but opt to use it partially Audio Radio Services’’ or ‘‘SDARS’’) in the 2016 while retaining certain other documents in the local Cable television, Radio, Television. Order. file. 3 The Commission exempted cable systems with 7 Specifically, we delete from these rules obsolete 47 CFR Part 76 fewer than 1,000 subscribers from all online public language referencing the Commission’s main studio Cable television. file requirements and applied the March 1, 2018 rules, which were eliminated in 2017. We also timeframe to cable systems with between 1,000 and revise §§ 73.3526(c)(1) and 73.3527(c)(1) to pertain Federal Communications Commission. 5,000 subscribers. Accordingly, cable systems with only to applicants described in paragraph (b)(1) of Cecilia Sigmund, fewer than 1,000 subscribers may continue to retain those rules (‘‘[a]n applicant for a new station or public file material at their system. change of community’’), and not permittees or Federal Register Liaison Officer, Office of the 4 Upon completion of the transition to the online licensees, since the described applicants are the Secretary. public file, we expect that all entities subject to the only entities subject to these rules that will not have online public inspection file requirements will be fully converted to the online public inspection file. Final Rules fully compliant. Broadcast stations that are not in 8 We note that the Commission has previously For the reasons discussed in the full compliance will be required to self-disclose any proposed revisions to §§ 73.3526(e)(13) and non-compliance in their renewal application during 73.3527(e)(10), covering local public notice preamble, the Federal Communications the current renewal cycle, and we anticipate that announcements, and we thus do not implement any the Media Bureau will initiate enforcement action further revisions to those rules here. These 10 Because the rules being revised are, as of March when necessary as part of the renewal review. proposed revisions will be considered in an 1, 2020, without legal effect and therefore obsolete 5 We will retain references to the ‘‘local public upcoming order. due to the completion of the transition from local inspection file’’ in the cable public file rule, 9 Specifically, we revise this rule by adding the hard copy public inspection files to online public because cable television systems with fewer than word ‘‘online’’ to ‘‘online political file’’ in inspection files, there is ‘‘good cause’’ under 5 1,000 subscribers are exempt from the online public paragraph (c) and by removing paragraph (d) in its U.S.C. 553(d) to make the rules effective prior to 30 file requirements. entirety. days after publication in the Federal Register.

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Commission amends 47 CFR parts 73 is not included in the online public file station’s designated contact for and 76 as follows: shall be available for public inspection questions about the public file. at any time during regular business * * * * * PART 73—RADIO BROADCAST hours at an accessible place in the SERVICES community of license. The applicant (c) Access to material in the file. For must provide information regarding the any applicant described in paragraph ■ 1. The authority citation for part 73 location of the file, or the applicable (b)(1) of this section that does not continues to read as follows: portion of the file, within one business include all material described in Authority: 47 U.S.C. 154, 155, 301, 303, day of a request for such information. paragraph (e) of this section in the 307, 309, 310, 334, 336, 339. All or part of the file may be maintained online public file hosted by the Commission, the portion of the file that ■ 2. Amend § 73.1943 by revising in a computer database, as long as a is not included in the online public file paragraph (c) and removing paragraph computer terminal is made available, at shall be available for public inspection (d) as follows: the location of the file, to members of the public who wish to review the file. at any time during regular business § 73.1943 Political file. Material in the public inspection file hours at an accessible place in the * * * * * shall be made available for printing or community of license. The applicant (c) All records required by this machine reproduction upon request must provide information regarding the paragraph shall be placed in the online made in person. The applicant may location of the file, or the applicable political file as soon as possible and specify the location for printing or portion of the file, within one business shall be retained for a period of two reproduction, require the requesting day of a request for such information. years. As soon as possible means party to pay the reasonable cost thereof, All or part of the file may be maintained immediately absent unusual and may require guarantee of payment in a computer database, as long as a circumstances. in advance (e.g., by requiring a deposit, computer terminal is made available, at ■ 3. Amend § 73.3526 by obtaining credit card information, or the location of the file, to members of ■ a. Revising the section heading and any other reasonable method). Requests the public who wish to review the file. paragraphs (b)(1) and (2); for copies shall be fulfilled within a Material in the public inspection file ■ b. Removing paragraph (b)(3); reasonable period of time, which shall be made available for printing or ■ c. Redesignating paragraph (b)(4) as generally should not exceed 7 days. machine reproduction upon request paragraph (b)(3); made in person. The applicant may * * * * * ■ d. Revising paragraph (c). specify the location for printing or The revisions read as follows: ■ 4. Amend § 73.3527 by reproduction, require the requesting ■ a. Revising the section heading and party to pay the reasonable cost thereof, § 73.3526 Online public inspection file of paragraphs (b)(1) and (b)(2)(i); and may require guarantee of payment commercial stations. ■ b. Removing paragraph (b)(2)(ii); in advance (e.g., by requiring a deposit, * * * * * ■ obtaining credit card information, or (b) * * * c. Redesignating paragraph (b)(2)(iii) as paragraph (b)(2)(ii) and revising any other reasonable method). Requests (1) An applicant for a new station or for copies shall be fulfilled within a change of community shall maintain its newly redesignated paragraph (b)(2)(ii); and reasonable period of time, which file at an accessible place in the generally should not exceed 7 days. proposed community of license. ■ d. Revising paragraph (c). (2)(i) A television or radio station The revisions read as follows. * * * * * licensee or applicant shall place the ■ § 73.3527 Online public inspection file of 5. Amend § 73.3615 by revising contents required by paragraph (e) of noncommercial educational stations. paragraph (g) to read as follows: this section of its public inspection file in the online public file hosted by the * * * * * § 73.3615 Ownership reports. Commission. (b) * * * * * * * * (ii) A station must provide a link to (1) An applicant for a new station or (g) A copy of all ownership and the public inspection file hosted on the change of community shall maintain its supplemental ownership reports and Commission’s website from the home file at an accessible place in the related materials filed pursuant to this page of its own website, if the station proposed community of license. section shall be maintained and made has a website, and provide contact (2)(i) A noncommercial educational available for public inspection in the information on its website for a station television or radio station licensee or online public inspection file as required representative that can assist any person applicant shall place the contents by §§ 73.3526 and 73.3527. with disabilities with issues related to required by paragraph (e) of this section the content of the public files. A station of its public inspection file in the online PART 76—MULTICHANNEL VIDEO also is required to include in the online public file hosted by the Commission. AND CABLE TELEVISION SERVICE public file the station’s address and (ii) A station must provide a link to telephone number, and the email the online public inspection file hosted ■ 6. The authority citation for part 76 address of the station’s designated by the Commission from the home page continues to read as follows: contact for questions about the public of its own website, if the station has a file. website, and provide contact Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 302a, 303, 303a, 307, 308, 309, 312, * * * * * information for a station representative 315, 317, 325, 338, 339, 340, 341, 503, 521, (c) Access to material in the file. For on its website that can assist any person 522, 531, 532, 534, 535, 536, 537, 543, 544, any applicant described in paragraph with disabilities with issues related to 544a, 545, 548, 549, 552, 554, 556, 558, 560, (b)(1) of this section that does not the content of the public files. A station 561, 571, 572, 573. include all material described in also is required to include in the online paragraph (e) of this section in the public file hosted by the Commission ■ 7. Amend § 76.1700 by revising online public file hosted by the the station’s address and telephone paragraph (a) introductory text, Commission, the portion of the file that number, and the email address of the paragraphs (e) and (f) to read as follows:

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§ 76.1700 Records to be maintained by is either maintained at the location Information Relay Service at 1–800– cable system operators. described in paragraph (e) of this 877–8339 between 8 a.m. and 4 p.m. (a) Public inspection file. The section or on the Commission’s website, Eastern time, Monday through Friday, following records must be placed in the depending upon where the documents excluding Federal holidays. online public file hosted by the are required to be maintained under the SUPPLEMENTARY INFORMATION: Commission, except as indicated in Commission’s rules. What is the List of Fisheries? paragraph (d) of this section. * * * * * * * * * * [FR Doc. 2020–06927 Filed 4–15–20; 8:45 am] Section 118 of the MMPA requires (e) Location of records. For cable BILLING CODE 6712–01–P NMFS to place all U.S. commercial television systems exempt from the fisheries into one of three categories online public file requirement pursuant based on the level of incidental to paragraph (d) of this section, public DEPARTMENT OF COMMERCE mortality and serious injury of marine file material that continues to be mammals occurring in each fishery (16 retained at the system shall be retained National Oceanic and Atmospheric U.S.C. 1387(c)(1)). The classification of in a public inspection file maintained at Administration a fishery on the LOF determines the office in the community served by whether participants in that fishery may the system that the system operator 50 CFR Part 229 be required to comply with certain provisions of the MMPA, such as maintains for the ordinary collection of [Docket No. 200327–0090] subscriber charges, resolution of registration, observer coverage, and take subscriber complaints, and other RIN 0648–BI76 reduction plan requirements. NMFS business and, if the system operator must reexamine the LOF annually, does not maintain such an office in the List of Fisheries for 2020 considering new information in the Marine Mammal Stock Assessment community, at any accessible place in AGENCY: National Marine Fisheries Reports (SARs) and other relevant the communities served by the system Service (NMFS), National Oceanic and sources, and publish in the Federal (such as a public registry for documents Atmospheric Administration (NOAA), Register any necessary changes to the or an attorney’s office). Public file Commerce. LOF after notice and opportunity for locations will be open at least during ACTION: Final rule. public comment (16 U.S.C. normal business hours and will be 1387(c)(1)(C)). conveniently located. The public SUMMARY: The National Marine inspection file shall be available for Fisheries Service (NMFS) publishes its How does NMFS determine in which public inspection at any time during final List of Fisheries (LOF) for 2020, as category a fishery is placed? regular business hours for the facility required by the Marine Mammal The definitions for the fishery where they are kept. All or part of the Protection Act (MMPA). The LOF for classification criteria can be found in public inspection file may be 2020 reflects new information on the implementing regulations for section maintained in a computer database, as interactions between commercial 118 of the MMPA (50 CFR 229.2). The long as a computer terminal capable of fisheries and marine mammals. NMFS criteria are also summarized here. accessing the database is made must classify each commercial fishery available, at the location of the file, to on the LOF into one of three categories Fishery Classification Criteria members of the public who wish to under the MMPA based upon the level The fishery classification criteria review the file. of mortality and serious injury of marine consist of a two-tiered, stock-specific (f) Links and contact and geographic mammals that occurs incidental to each approach that first addresses the total information. A system must provide a fishery. The classification of a fishery on impact of all fisheries on each marine link to the public inspection file hosted the LOF determines whether mammal stock and then addresses the on the Commission’s website from the participants in that fishery are subject to impact of individual fisheries on each home page of its own website, if the certain provisions of the MMPA, such as stock. This approach is based on system has a website, and provide registration, observer coverage, and take consideration of the rate, in numbers of contact information on its website for a reduction plan (TRP) requirements. animals per year, of incidental system representative who can assist DATES: The effective date of this final mortalities and serious injuries of any person with disabilities with issues rule is May 18, 2020. marine mammals due to commercial related to the content of the public files. fishing operations relative to the ADDRESSES: Chief, Marine Mammal and A system also is required to include in potential biological removal (PBR) level Sea Turtle Conservation Division, Office the online public file the address of the for each marine mammal stock. The of Protected Resources, NMFS, 1315 system’s local public file, if the system MMPA (16 U.S.C. 1362(20)) defines the East-West Highway, Silver Spring, MD is exempt from the online public file PBR level as the maximum number of 20910. requirement pursuant to paragraph (d) animals, not including natural of this section but opts to use it in part FOR FURTHER INFORMATION CONTACT: mortalities, that may be removed from a while retaining certain documents in Jaclyn Taylor, Office of Protected marine mammal stock while allowing the local file that are not available in the Resources, 301–427–8402; Allison that stock to reach or maintain its Commission’s online file, and the name, Rosner, Greater Atlantic Region, 978– optimum sustainable population (OSP). phone number, and email address of the 281–9328; Jessica Powell, Southeast This definition can also be found in the system’s designated contact for Region, 727–824–5312; Dan Lawson, implementing regulations for section questions about the public file. In West Coast Region, 562–980–3209; 118 of the MMPA (50 CFR 229.2). addition, a system must provide on the Suzie Teerlink, Alaska Region, 907– Tier 1: Tier 1 considers the online public file a list of the five digit 586–7240; Kevin Brindock, Pacific cumulative fishery mortality and serious ZIP codes served by the system. To the Islands Region, 808–725–5146. injury for a particular stock. If the total extent this section refers to the local Individuals who use a annual mortality and serious injury of a public inspection file, it refers to the telecommunications device for the marine mammal stock, across all public file of a physical system, which hearing impaired may call the Federal fisheries, is less than or equal to 10

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percent of the PBR level of the stock, all of marine mammals by a commercial cases, more recent information may be fisheries interacting with the stock will fishery, NMFS will determine whether available and used in the LOF. be placed in Category III (unless those the incidental mortality or serious For fisheries with observer coverage, fisheries interact with other stock(s) for injury is ‘‘frequent,’’ ‘‘occasional,’’ or species or stocks are generally removed which total annual mortality and ‘‘remote’’ by evaluating other factors from the list of marine mammal species serious injury is greater than 10 percent such as fishing techniques, gear used, and/or stocks incidentally killed or of PBR). Otherwise, these fisheries are methods used to deter marine mammals, injured if no interactions are subject to the next tier (Tier 2) of target species, seasons and areas fished, documented in the 5-year timeframe analysis to determine their qualitative data from logbooks or summarized in that year’s LOF. For classification. fishermen reports, stranding data, and fisheries with no observer coverage and Tier 2: Tier 2 considers fishery- the species and distribution of marine for observed fisheries with evidence specific mortality and serious injury for mammals in the area, or at the indicating that undocumented a particular stock. discretion of the Assistant interactions may be occurring (e.g., Category I: Annual mortality and Administrator for Fisheries (50 CFR fishery has low observer coverage and serious injury of a stock in a given 229.2). stranding network data include fishery is greater than or equal to 50 Further, eligible commercial fisheries evidence of fisheries interactions that percent of the PBR level (i.e., frequent not specifically identified on the LOF cannot be attributed to a specific incidental mortality and serious injury are deemed to be Category II fisheries fishery) species and stocks may be of marine mammals). until the next LOF is published (50 CFR retained for longer than 5 years. For Category II: Annual mortality and 229.2). these fisheries, NMFS will review the serious injury of a stock in a given other sources of information listed How does NMFS determine which fishery is greater than 1 percent and less above and use its discretion to decide species or stocks are included as than 50 percent of the PBR level (i.e., when it is appropriate to remove a incidentally killed or injured in a occasional incidental mortality and species or stock. fishery? serious injury of marine mammals). Category III: Annual mortality and The LOF includes a list of marine Where does NMFS obtain information serious injury of a stock in a given mammal species and/or stocks on the level of observer coverage in a fishery is less than or equal to 1 percent incidentally killed or injured in each fishery on the LOF? of the PBR level (i.e., a remote commercial fishery. The list of species The best available information on the likelihood of or no known incidental and/or stocks incidentally killed or level of observer coverage and the mortality and serious injury of marine injured includes ‘‘serious’’ and ‘‘non- spatial and temporal distribution of mammals). serious’’ documented injuries as observed marine mammal interactions is Additional details regarding how the described later in the List of Species presented in the SARs. Data obtained categories were determined are and/or Stocks Incidentally Killed or from the observer program and observer provided in the preamble to the final Injured in the Pacific Ocean and the coverage levels are important tools in rule implementing section 118 of the Atlantic Ocean, Gulf of Mexico, and estimating the level of marine mammal MMPA (60 FR 45086; August 30, 1995). Caribbean sections. To determine which mortality and serious injury in Because fisheries are classified on a species or stocks are included as commercial fishing operations. Starting per-stock basis, a fishery may qualify as incidentally killed or injured in a with the 2005 SARs, each Pacific and one category for one marine mammal fishery, NMFS annually reviews the Alaska SAR includes an appendix with stock and another category for a information presented in the current detailed descriptions of each Category I different marine mammal stock. A SARs and injury determination reports. and II fishery on the LOF, including the fishery is typically classified on the LOF SARs are brief reports summarizing the observer coverage in those fisheries. For at its highest level of classification (e.g., status of each stock of marine mammals Atlantic fisheries, this information can a fishery qualifying for Category III for occurring in waters under U.S. be found in the LOF Fishery Fact one marine mammal stock and for jurisdiction, including information on Sheets. The SARs do not provide Category II for another marine mammal the identity and geographic range of the detailed information on observer stock will be listed under Category II). stock, population statistics related to coverage in Category III fisheries Stocks driving a fishery’s classification abundance, trend, and annual because, under the MMPA, Category III are denoted with a superscript ‘‘1’’ in productivity, notable habitat concerns, fisheries are not required to Tables 1 and 2. and estimates of human-caused M/SI by accommodate observers aboard vessels source. The SARs are based upon the due to the remote likelihood of Other Criteria That May Be Considered best available scientific information and mortality and serious injury of marine The tier analysis requires a minimum provide the most current and inclusive mammals. Fishery information amount of data, and NMFS does not information on each stock’s PBR level presented in the SARs’ appendices and have sufficient data to perform a tier and level of interaction with other resources referenced during the analysis on certain fisheries. Therefore, commercial fishing operations. The best tier analysis may include: Level of NMFS has classified certain fisheries by available scientific information used in observer coverage; target species; levels analogy to other Category I or II fisheries the SARs and reviewed for the 2020 of fishing effort; spatial and temporal that use similar fishing techniques or LOF generally summarizes data from distribution of fishing effort; gear that are known to cause mortality 2012–2016. NMFS also reviews other characteristics of fishing gear and or serious injury of marine mammals, or sources of new information, including operations; management and according to factors discussed in the injury determination reports, bycatch regulations; and interactions with final LOF for 1996 (60 FR 67063; estimation reports, observer data, marine mammals. Copies of the SARs December 28, 1995) and listed in the logbook data, stranding data, are available on the NMFS Office of regulatory definition of a Category II disentanglement network data, Protected Resources website at: https:// fishery. In the absence of reliable fishermen self-reports (i.e., MMPA www.fisheries.noaa.gov/national/ information indicating the frequency of mortality/injury reports), and anecdotal marine-mammal-protection/marine- incidental mortality and serious injury reports from that time period. In some mammal-stock-assessment-reports-

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region. Information on observer HSFCA permits also fish within U.S. as described in 50 CFR 229.4, to register coverage levels in Category I, II, and III waters and are included in the number with NMFS and obtain a marine fisheries can be found in the fishery fact of vessels and participants operating mammal authorization to lawfully take sheets on the NMFS Office of Protected within those fisheries in Tables 1 and 2. non-endangered and non-threatened Resources’ website: https:// HSFCA permits are valid for 5 years, marine mammals incidental to www.fisheries.noaa.gov/national/ during which time Fishery Management commercial fishing operations. Owners marine-mammal-protection/list- Plans (FMPs) can change. Therefore, of vessels or gear engaged in a Category fisheries-summary-tables. Additional some vessels/participants may possess III fishery are not required to register information on observer programs in valid HSFCA permits without the ability with NMFS or obtain a marine mammal commercial fisheries can be found on to fish under the permit because it was authorization. the NMFS National Observer Program’s issued for a gear type that is no longer How do I register, renew and receive website: https://www.fisheries.noaa.gov/ authorized under the most current FMP. my Marine Mammal Authorization national/fisheries-observers/national- For this reason, the number of HSFCA Program authorization certificate? observer-program. permits displayed in Table 3 is likely higher than the actual U.S. fishing effort NMFS has integrated the MMPA How do I find out if a specific fishery on the high seas. For more information registration process, implemented is in Category I, II, or III? on how NMFS classifies high seas through the Marine Mammal The LOF includes three tables that list fisheries on the LOF, see the preamble Authorization Program (MMAP), with all U.S. commercial fisheries by text in the final 2009 LOF (73 FR 73032; existing state and Federal fishery Category. Table 1 lists all of the December 1, 2008). Additional license, registration, or permit systems commercial fisheries in the Pacific information about HSFCA permits can for Category I and II fisheries on the Ocean (including Alaska); Table 2 lists be found at https:// LOF. Participants in these fisheries are all of the commercial fisheries in the www.fisheries.noaa.gov/permit/high- automatically registered under the Atlantic Ocean, Gulf of Mexico, and seas-fishing-permits. MMAP and are not required to submit Caribbean; and Table 3 lists all U.S. registration or renewal materials. authorized commercial fisheries on the Where can I find specific information In the Pacific Islands, West Coast, and high seas. A fourth table, Table 4, lists on fisheries listed on the LOF? Alaska regions, NMFS will issue vessel all commercial fisheries managed under Starting with the 2010 LOF, NMFS or gear owners an authorization applicable TRPs or take reduction teams developed summary documents, or certificate via U.S. mail or with their (TRT). fishery fact sheets, for each Category I state or Federal license or permit at the and II fishery on the LOF. These fishery time of issuance or renewal. In the Are high seas fisheries included on the fact sheets provide the full history of Greater Atlantic and Southeast Regions, LOF? each Category I and II fishery, including: NMFS will issue vessel or gear owners Beginning with the 2009 LOF, NMFS When the fishery was added to the LOF; an authorization certificate via U.S. mail includes high seas fisheries in Table 3 the basis for the fishery’s initial automatically at the beginning of each of the LOF, along with the number of classification; classification changes to calendar year. valid High Seas Fishing Compliance Act the fishery; changes to the list of species Vessel or gear owners who participate (HSFCA) permits in each fishery. As of and/or stocks incidentally killed or in fisheries in these regions and have 2004, NMFS issues HSFCA permits only injured in the fishery; fishery gear and not received authorization certificates for high seas fisheries analyzed in methods used; observer coverage levels; by the beginning of the calendar year, or accordance with the National fishery management and regulation; and with renewed fishing licenses, must Environmental Policy Act (NEPA) and applicable TRPs or TRTs, if any. These contact the appropriate NMFS Regional the Endangered Species Act (ESA). The fishery fact sheets are updated after each Office (see FOR FURTHER INFORMATION authorized high seas fisheries are broad final LOF and can be found under ‘‘How CONTACT). Authorization certificates in scope and encompass multiple Do I Find Out if a Specific Fishery is in may also be obtained by visiting the specific fisheries identified by gear type. Category I, II, or III?’’ on the NMFS MMAP website https:// For the purposes of the LOF, the high Office of Protected Resources’ website: www.fisheries.noaa.gov/national/ seas fisheries are subdivided based on https://www.fisheries.noaa.gov/ marine-mammal-protection/marine- gear type (e.g., trawl, longline, purse national/marine-mammal-protection/ mammal-authorization- seine, gillnet, troll, etc.) to provide more marine-mammal-protection-act-list- program#obtaining-a-marine-mammal- detail on composition of effort within fisheries, linked to the ‘‘List of Fisheries authorization-certificate. these fisheries. Many fisheries operate Summary’’ table. NMFS is developing The authorization certificate, or a in both U.S. waters and on the high similar fishery fact sheets for each copy, must be on board the vessel while seas, creating some overlap between the Category III fishery on the LOF. it is operating in a Category I or II fisheries listed in Tables 1 and 2 and However, due to the large number of fishery, or for non-vessel fisheries, in those in Table 3. In these cases, the high Category III fisheries on the LOF and the the possession of the person in charge seas component of the fishery is not lack of accessible and detailed of the fishing operation (50 CFR considered a separate fishery, but an information on many of these fisheries, 229.4(e)). Although efforts are made to extension of a fishery operating within the development of these fishery fact limit the issuance of authorization U.S. waters (listed in Table 1 or 2). sheets is taking significant time to certificates to only those vessel or gear NMFS designates those fisheries in complete. NMFS began posting Category owners that participate in Category I or Tables 1, 2, and 3 by a ‘‘*’’ after the III fishery fact sheets online with the II fisheries, not all state and Federal fishery’s name. The number of HSFCA LOF for 2016. license or permit systems distinguish permits listed in Table 3 for the high between fisheries as classified by the seas components of these fisheries Am I required to register under the LOF. Therefore, some vessel or gear operating in U.S. waters does not MMPA? owners in Category III fisheries may necessarily represent additional effort Owners of vessels or gear engaging in receive authorization certificates even that is not accounted for in Tables 1 and a Category I or II fishery are required though they are not required for 2. Many vessels/participants holding under the MMPA (16 U.S.C. 1387(c)(2)), Category III fisheries.

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Individuals fishing in Category I and observer functions are so inadequate or Sources of Information Reviewed for II fisheries for which no state or Federal unsafe that the health or safety of the the 2020 LOF license or permit is required must observer or the safe operation of the NMFS reviewed the marine mammal register with NMFS by contacting their vessel would be jeopardized; thereby incidental mortality and serious injury FOR appropriate Regional Office (see authorizing the exemption of vessels too information presented in the SARs for FURTHER INFORMATION CONTACT). small to safely accommodate an all fisheries to determine whether Am I required to submit reports when observer from this requirement. changes in fishery classification are I kill or injure a marine mammal However, U.S. Atlantic Ocean, warranted. The SARs are based on the during the course of commercial fishing Caribbean, or Gulf of Mexico large best scientific information available at operations? pelagics longline vessels operating in the time of preparation, including the special areas designated by the Pelagic In accordance with the MMPA (16 level of mortality and serious injury of Longline Take Reduction Plan marine mammals that occurs incidental U.S.C. 1387(e)) and 50 CFR 229.6, any implementing regulations (50 CFR vessel owner or operator, or gear owner to commercial fishery operations and 229.36(d)) will not be exempted from the PBR levels of marine mammal or operator (in the case of non-vessel observer requirements, regardless of fisheries), participating in a fishery stocks. The information contained in the their size. Observer requirements are SARs is reviewed by regional Scientific listed on the LOF must report to NMFS found in 50 CFR 229.7. all incidental mortalities and injuries of Review Groups (SRGs) representing marine mammals that occur during Am I required to comply with any Alaska, the Pacific (including Hawaii), commercial fishing operations, marine mammal TRP regulations? and the U.S. Atlantic, Gulf of Mexico, regardless of the category in which the Table 4 provides a list of fisheries and Caribbean. The SRGs were fishery is placed (I, II, or III) within 48 affected by TRPs and TRTs. TRP established by the MMPA to review the hours of the end of the fishing trip or, regulations are found at 50 CFR 229.30 science that informs the SARs, and to in the case of non-vessel fisheries, through 229.37. A description of each advise NMFS on marine mammal fishing activity. ‘‘Injury’’ is defined in TRT and copies of each TRP can be population status, trends, and stock 50 CFR 229.2 as a wound or other found at: https:// structure, uncertainties in the science, physical harm. In addition, any animal www.fisheries.noaa.gov/national/ research needs, and other issues. that ingests fishing gear or any animal marine-mammal-protection/marine- NMFS also reviewed other sources of that is released with fishing gear mammal-take-reduction-plans-and- new information, including marine entangling, trailing, or perforating any teams. It is the responsibility of fishery mammal stranding and entanglement part of the body is considered injured, participants to comply with applicable data, observer program data, fishermen regardless of the presence of any wound take reduction regulations. self-reports, reports to the SRGs, or other evidence of injury, and must be conference papers, FMPs, and ESA reported. Where can I find more information documents. Mortality/injury reporting forms and about the LOF and the MMAP? The LOF for 2020 was based on, instructions for submitting forms to Information regarding the LOF and among other things, stranding data; NMFS can be found at: https:// the MMAP, including registration fishermen self-reports; and SARs, www.fisheries.noaa.gov/national/ procedures and forms; current and past primarily the 2018 SARs, which are marine-mammal-protection/marine- LOFs; descriptions of each Category I based on data from 2012–2016. The mammal-authorization- and II fishery and some Category III SARs referenced in this LOF include: program#reporting-a-death-or-injury-of- fisheries; observer requirements; and 2016 (82 FR 29039; June 27, 2017), 2017 a-marine-mammal-during-commercial- marine mammal mortality/injury (83 FR 32093; July 11, 2018) and 2018 fishing-operations or by contacting the reporting forms and submittal (84 FR 28489; June 19, 2019). The SARs appropriate regional office (see FOR procedures; may be obtained at: https:// are available at: https:// FURTHER INFORMATION CONTACT). Forms www.fisheries.noaa.gov/national/ www.fisheries.noaa.gov/national/ may be submitted via any of the marine-mammal-protection/marine- marine-mammal-protection/marine- following means: (1) Online using the mammal-protection-act-list-fisheries, or mammal-stock-assessment-reports- electronic form; (2) emailed as an from any NMFS Regional Office at the region. attachment to [email protected]; addresses listed below: Comments and Responses (3) faxed to the NMFS Office of NMFS, Greater Atlantic Regional Protected Resources at 301–713–0376; Fisheries Office, 55 Great Republic NMFS received six comment letters or (4) mailed to the NMFS Office of Drive, Gloucester, MA 01930–2298, on the proposed LOF for 2020 (84 FR Protected Resources (mailing address is Attn: Allison Rosner; 54543; October 10, 2019). Comments provided on the postage-paid form that NMFS, Southeast Region, 263 13th were received from the Center for can be printed from the web address Avenue South, St. Petersburg, FL 33701, Biological Diversity (CBD), Hawaii listed above). Reporting requirements Attn: Jessica Powell; Longline Association (HLA), Maine and procedures are found in 50 CFR NMFS, West Coast Region, Long Lobstermen’s Association (MLA), 229.6. Beach Office, 501 W Ocean Blvd., Suite Marine Mammal Commission 4200, Long Beach, CA 90802–4213, (Commission), Western Pacific Regional Am I required to take an observer Attn: Dan Lawson; Fishery Management Council aboard my vessel? NMFS, Alaska Region, Protected (WPRFMC) and a joint letter from Individuals participating in a Resources, P.O. Box 22668, 709 West Lund’s Fisheries and The Town Dock. Category I or II fishery are required to 9th Street, Juneau, AK 99802, Attn: Responses to substantive comments are accommodate an observer aboard their Suzie Teerlink; or below; comments on actions not related vessel(s) upon request from NMFS. NMFS, Pacific Islands Regional to the LOF are not included. MMPA section 118 states that the Office, Protected Resources Division, Secretary is not required to place an 1845 Wasp Blvd., Building 176, General Comments observer on a vessel if the facilities for Honolulu, HI 96818, Attn: Kevin Comment 1: CBD expresses concern quartering an observer or performing Brindock. regarding the diminishing quality,

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quantity and timeliness of marine 6.6 percent observer coverage, marine mammals in compliance with mammal and commercial fisheries respectively) documented two harbor Federal statutes. interactions public data. As noted in the porpoise mortalities, which, when Response: The AK Bering Sea Commission’s 2018 report (MMC 2018), extrapolated, yielded an estimated mean Aleutian Islands Pacific cod longline current resources do not allow NMFS to annual M/SI of 12 animals. Therefore, fishery, along with other federally- meet its obligations under MMPA the total M/SI estimate was 34 harbor managed fisheries, are monitored for section 117 (16 U.S.C. 1386). The lack porpoises annually. The Commission marine mammal bycatch through the of accurate and up-to-date stock notes that these estimates have not North Pacific Observer Program, and assessment reports compromises the changed in subsequent SARs. The M/SI these data are then considered in the integrity of fishery regulations and for the SEAK harbor porpoise stock is LOF. Publication of the LOF does not undermines public oversight. The LOF nearly four times larger than its PBR, authorize take of threatened or is the conduit for information in the and the M/SI for each fishery exceeds endangered marine mammals incidental stock assessment reports to be used in PBR individually. to commercial fishing. Under section the regulation of fisheries. The lack of Despite the uncertainty in the stock- 101(a)(5)(E) of the MMPA, NMFS issues recent Scientific Review Group meeting size and M/SI estimates, the data permits for the incidental taking of minutes and recommendations hinders reported in the SAR are the best threatened or endangered species listed the public’s ability to review new available estimates for this stock, and under the ESA, if it can be determined science that should be incorporated into clearly meet the criteria for a Category that (1) mortality and serious injury the LOF for 2020. I classification for the Yakutat salmon incidental to commercial fisheries Response: When NMFS reviews the set gillnet and SE Alaska salmon drift would have a negligible impact on the LOF annually, we use the best available gillnet fisheries. affected species or stock, (2) a recovery scientific information, including the Response: As stated in the Federal plan for that species or stock has been SARs. The SARs generally provide the Register notice for the final 2018 SARs developed or is being developed, and (3) most current and inclusive information (see 84 FR 28489, June 19, 2019, where required under section 118, a monitoring program has been on each stock’s PBR level and level of comment 17), the PBR level of 8.9 for interaction with commercial fishing established, vessels are registered, and a the SEAK harbor porpoise stock was operations; there may also be more TRP has been developed or is being estimated based on a survey that recent reports that include bycatch developed. Further, classifications made covered only a portion of the currently- estimates. The MMPA requires NMFS to under the LOF are based on the best recognized distribution of this stock, review the SARs at least annually for available science, and are not dependent and it included commercial fishery strategic stocks and stocks for which on, or related to, the current status of mortalities or serious injuries that significant new information is available other regulatory processes, including occurred far north of the surveyed areas. and at least once every three years for the issuance of authorizations under We are concerned about the SEAK non-strategic stocks. NMFS publishes a section 101(a)(5)(E) of the MMPA. harbor porpoise stock, and we are notice of availability and solicits public Comment 4: CBD supports comments on the draft SARs annually. collecting additional information on reclassifying the CA coonstripe shrimp We strive to distribute the SRG meeting stock structure and abundance to reduce fishery from a Category III to a Category recommendations, minutes and uncertainties in the data available to II fishery based on an entangled correspondence in a timely manner, but manage this stock, and we have humpback whale that would have been the timeline this year was residually prioritized the Southeast Alaska drift classified as a serious injury if the whale affected by the 2018–2019 partial gillnet fishery for additional observer had not been subsequently government shutdown. coverage, should resources become disentangled. available. From these studies, we Response: NMFS has reclassified the Comments on Commercial Fisheries in anticipate being able to better evaluate CA coonstripe shrimp fishery from a the Pacific Ocean management concerns related to the AK Category III to a Category II fishery. Comment 2: The Commission Southeast Alaska salmon drift gillnet Comment 5: CBD recommends NMFS recommends NMFS reclassify both the and AK Yakutat salmon set gillnet reclassify the Category III WA/OR/CA Category II Yakutat salmon set gillnet fisheries, including their classification groundfish, bottomfish longline/set line and SE Alaska salmon drift gillnet on the future LOF. For the 2020 LOF, fishery as a Category II fishery based on fisheries as Category I fisheries. The NMFS retains the Category II observed injuries and mortalities of Commission notes that NMFS reported classification for the Yakutat salmon set sperm whales reported in Jannot et al. a new abundance estimate for the gillnet and SE Alaska salmon drift 2018. CBD states the CA/OR/WA stock Southeast Alaska (SEAK) stock of harbor gillnet fisheries. of sperm whales has a PBR of 2.5 porpoise in the 2016 SAR. That SAR Comment 3: CBD acknowledges animals per year, and the total annual also reported a population-size estimate NMFS proposed to add the Western U.S. fishery-related M/SI of sperm whales is of 975 porpoises and an estimated stock of Steller sea lion, which is listed above 10 percent of PBR. minimum population size (Nmin) of as endangered under the ESA, to the list Response: For the proposed 2020 896, which produced a PBR of 8.9 of species/stocks incidentally killed or LOF, NMFS reviewed Jannot et al. 2018 porpoises. injured in the Category II AK Bering Sea and considered the estimates of sperm The Commission states that low levels Aleutian Islands Pacific cod longline whale bycatch presented. Upon further of observer coverage of the Yakutat fishery. They note that the LOF includes investigation, the estimates provided in salmon set gillnet fishery in 2007 and many fisheries that take endangered and Jannot et al. 2018 were based on an 2008 (5.3 and 7.6 percent, respectively) threatened marine mammals, but no observed vessel collision in 2007 that documented four harbor porpoise U.S. fishery currently has a valid MMPA was characterized as a non-serious mortalities, which, when extrapolated, authorization under section 101(a)(5)(E) injury. This non-serious injury was yielded an estimated mean annual M/SI to take ESA-listed marine mammals (16 evaluated and reported in the most of 22 animals. Similarly, observations of U.S.C. 1371(a)(5)(E)). CBD recommends recent SAR for CA/OR/WA sperm portions of the SE Alaska salmon drift NMFS monitor, analyze and mitigate whales (Carretta et al. 2019). Given that gillnet fishery in 2012 and 2013 (6.4 and fisheries’ interactions with endangered this information does not suggest that

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mortality or serious injury of CA/OR/ Hawaii deep-set longline fishery during the Main Hawaiian Islands Longline WA sperm whales has been occurring as the 2012–2016 time period reported in Fishing Prohibited Area, in close a result of the WA/OR/CA groundfish, the SARs. NMFS has removed the proximity to the outer boundary of the bottomfish longline/set line fishery, Hawaii stock of sperm whale from the MHI Insular false killer whale stocks’ NMFS will not reclassify the Category list of species/stocks incidentally killed range. These interactions have not yet III WA/OR/CA groundfish, bottomfish or injured in the Category I Hawaii been evaluated for assignment to insular longline/set line fishery at this time. deep-set longline fishery. or pelagic stocks in the SAR. Comment 6: CBD recommends NMFS Comment 8: The HLA recommends Additionally, the MHI Insular false add the AT1 transient stock of killer NMFS remove the MHI Insular stock of killer whale range overlaps with areas whales to the list of species/stocks false killer whale from the list species that are open to deep-set longline incidentally killed or injured in the and/or stocks incidentally killed or fishing and MHI Insular false killer Category II CA Dungeness crab pot injured in the Category I Hawaii deep- whales have been documented with fishery, based on an entanglement in set longline fishery as proposed in the injuries consistent with fisheries 2015 (NMFS–WCR 2018). 2019 LOF. NMFS retained this stock in interactions that have not been Response: As stated in the Federal the final 2019 LOF, and HLA expresses attributed to a specific fishery (Baird et Register notice for the final 2018 SARs concern that this was contrary to the al., 2014). For the above reasons, NMFS (see 84 FR 28489, June 19, 2019, best available science. retains the MHI Insular false killer comment 24), based on genetic analysis, HLA notes that (a) the False Killer whale stock on the list of species and/ the killer whale that became entangled Whale Take Reduction Plan (FKWTRP) or stocks killed or injured incidental to in commercial California Dungeness closed the deep-set longline fishery for the Category I HI deep-set longline crab pot gear in 2015 was identified as almost the entire range of the MHI fishery. a transient killer whale with a Insular and NWHI stocks, (b) since this Comment 9: HLA restates a previous mitochondrial DNA (mtDNA) haplotype change was made in 2013 there have comment and recommends NMFS that has been found in transient killer been no interactions between the fishery reclassify the Hawaii shallow-set whales in the Pribilof Islands and and an animal from either stock, and (c) longline fishery as a Category III fishery. western Aleutian Islands. However, the there has never been a deep-set longline HLA notes that the Hawaii shallow-set whale cannot be assigned to a specific fishery interaction in the very small area longline fishery has 100 percent stock because mtDNA haplotypes are of the stocks’ respective ranges that are observer coverage, and only one serious unique to ecotypes of killer whales (e.g., not closed to longline fishing. The injury has been observed in the EEZ resident, transient, offshore) but not to commenter also states that no since 2008. HLA states the 2017 SAR populations. Therefore, we will assign information has been presented to the attributes a 0.1 M/SI to the shallow-set this mortality to both the Gulf of Alaska, False Killer Whale TRT or the Pacific longline fishery for the pelagic stock of Aleutian Islands, and Bering Sea Scientific Review Group suggesting any false killer whales in the U.S. EEZ. Transient killer whale stock and the of the 2018 and 2019 false killer whale However, the 0.1 M/SI rate is derived West Coast Transient killer whale stock interactions referenced by NMFS in the entirely from a 2012 interaction on in the next revisions of these SARs and 2019 final rule (84 FR 22051) have been which NMFS was unable to make a in the NOAA Technical Memorandum or will be attributed to the MHI Insular serious injury determination, and which that contains information on human- stock of false killer whale. HLA requests was given a ‘‘cannot-be-determined’’ caused mortality and injury of NMFS- that NMFS remove the MHI Insular determination. This determination was managed Alaska marine mammal stocks stock of false killer whales from the list then prorated as 0.3 M/SI because, in in 2013–2017 (Delean et al. in press). of species and/or stocks incidentally the previous five years, there were three Therefore, NMFS will not add the AT1 killed or injured in the Category I interactions between the shallow-set transient stock of killer whales to the Hawaii deep-set longline fishery. longline fishery and the pelagic false list of species/stocks incidentally killed Response: As noted in the 2019 LOF killer whale stock in the EEZ. HLA or injured in the Category II CA (84 FR 22051, June 17, 2019), for believes if the ‘‘cannot-be-determined’’ Dungeness crab pot fishery in the 2020 fisheries with no observer coverage and determination for the 2012 interaction is LOF. NMFS will use this information in for observed fisheries with evidence prorated based upon the five-year look- future LOFs when reviewing and indicating that undocumented back period used in the 2017 SAR updating the list of species/stocks interactions may be occurring (e.g., (2011–2015), then the M/SI rate would incidentally killed or injured in the fishery has evidence of fisheries be 0.0, because there were only two Category II CA Dungeness crab pot interactions that cannot be attributed to other interactions from 2011–2015, both fishery. a specific fishery, and stranding of which were determined to be non- Comment 7: CBD does not support network data include evidence of serious. Therefore, HLA recommends NMFS’ proposal to remove the Hawaii fisheries interactions that cannot be the shallow-set longline fishery should stock of sperm whale from the list of attributed to a specific fishery), stocks be reclassified as a Category III fishery. species/stocks incidentally killed or may be retained on the LOF for longer Response: This comment has been injured in the Category I Hawaii deep- than five years. For these fisheries, addressed previously (see 84 FR 22051, set longline fishery because observer NMFS will review the other sources of June 17, 2019, comment 13; 83 FR 5349, coverage is only 20 percent. CBD notes relevant information to determine when February 7, 2018, comment 26). NMFS the lack of observed mortalities or it is appropriate to remove a species or uses the classification criteria described injuries does not mean injuries and stock from the LOF. in the preamble to classify fisheries as mortalities are not occurring. As described in the 2019 LOF (84 FR Category I, Category II, or Category III. Response: The 2020 LOF is based on 22051, June 17, 2019), six false killer A fishery is classified under Category II the 2018 SARs, which report fishery whale mortalities and serious injuries if the annual mortality and serious interactions from 2012–2016; this is the incidental to the deep-set longline injury of a stock in a given fishery is best scientific and commercial fishery were observed inside the EEZ greater than 1 percent and less than 50 information available for the time around Hawaii, including three percent of the stock’s PBR level. period examined. There were no sperm mortalities and serious injuries that Additional details regarding whale mortalities or injuries in the occurred close to the outer boundary of categorization of fisheries is provided in

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the preamble to the final rule estimation of the cumulative number of intended to serve as a historical implementing section 118 of the MMPA fishermen participating in the overview of mortalities and injuries, as (60 FR 45086; August 30, 1995). The bottomfish fishery in a calendar year, that data is available in individual false killer whale interaction in 2012 representing duplicate counts of species SARs, as well as in Appendix III that resulted in a ‘‘cannot be fishermen throughout the year. The of the SAR. determined’’ determination was method also results in an overestimation From 2012–2016, observer coverage prorated following the methods of fishery participation, as it does not for the Northeast sink gillnet fishery was described in the 2017 SAR (Carretta et account for days without bottomfish 2, 3, 5, 6 and 8 percent each year, al., 2018), which prorates serious versus fishing effort and consequently assumes respectively. Additionally, while some non-serious injuries using the historic that bottomfish fishing occurs every day strandings did occur during this rate of serious injury, while accounting in the calendar year. timeframe in Massachusetts, none of the for changes in gear following The WPRFMC Plan Team determined stranded animals (live or dead) showed implementation of the FKWTRP in this method to be an inappropriate evidence of human interaction. 2013. This proration resulted in a 0.3 M/ approach for tracking fishery NMFS has removed the Western SI for the pelagic false killer whale stock participation trends and removed the North Atlantic stocks of hooded seals as reported in the 2017 SAR, which is metric from the 2018 Annual SAFE and long-finned pilot whales from the 1.07 percent of PBR and within the Report (published in July 2019). The list of species and/or stocks incidentally range of 1–50 percent of PBR, requiring Plan Team also noted that the fishery killed or injured in the Category I NMFS to classify the fishery as a participation metric estimate of 2,095 Northeast sink gillnet fishery. NMFS Category II fishery, consistent with reported in the 2017 Annual SAFE will annually monitor bycatch of marine section 118 of the MMPA. Report was likely an estimation error, mammals in the Northeast sink gillnet Comment 10: HLA supports removing rather than a true doubling of effort from fishery and will make adjustments to the Hawaii stock of sperm whale from 2016 to 2017. WPRFMC recommends Table 2, should takes be observed in the the list of species and/or stocks NMFS use information from the future. incidentally killed or injured in the Environmental Assessment for the Comment 14: The MLA recommends Category I Hawaii deep-set longline Specification of the 2016–2017 Annual NMFS reclassify the Maine lobster fishery. Catch Limits for the American Samoa fishery as a stand-alone fishery, instead Response: NMFS has removed the bottomfish fishery for the 2020 LOF, of including the fishery as part of the Hawaii stock of sperm whale from the which describes the fishery as a small broader Category I Northeast/mid- list of species and/or stocks incidentally scale fishery consisting of fewer than 30 Atlantic American lobster pot fishery. killed or injured in the Category I part-time, relatively small commercial The commenter requests that NMFS Hawaii deep-set longline fishery. vessels landing between 6,000–35,000 categorize Maine’s exempted waters Comment 11: HLA supports removing pounds (2,722–15,876 kilograms) lobster fishery as a Category III fishery, the Hawaii stock of short-finned pilot annually. due to the rarity of whale sightings and whale from the list of species and/or Response: Following review of the lack of documented M/SI with this stocks incidentally killed or injured in 2018 Annual SAFE Report and the 2017 sector of the American lobster fishery. the Category II Hawaii shallow-set Environmental Assessment, NMFS MLA notes Maine’s exempt waters longline fishery. updates the estimated number of lobster fishery is a small boat fishery Response: NMFS has removed the vessels/persons in the American Samoa which uses smaller ropes and lighter Hawaii stock of short-finned pilot whale bottomfish handline fishery as being gear, compared to other segments of the from the list of species and/or stocks fewer than 30 vessels in the LOF for Northeast lobster fishery. incidentally killed or injured in the 2020. MLA also requests that NMFS Category II Hawaii shallow-set longline categorize Maine’s non-exempt waters fishery. Comments on Commercial Fisheries in lobster fishery as a Category II fishery, Comment 12: WPRFMC provides the Atlantic Ocean, Gulf of Mexico, and based on the decline in right whale clarification on the source of Caribbean sightings, lack of documented right information used to revise the number Comment 13: CBD does not support whale entanglements, lack of observed of vessels/persons for the American NMFS’ proposal to remove the WNA interactions from the Federal observer Samoa bottomfish handline fishery in stocks of hooded seal and long-finned program, and the efficacy of TRP the proposed rule from 1,092 to 2,095. pilot whale from the list of species/ measures implemented in 2009 and NMFS began citing the Council’s stocks incidentally killed or injured in 2014. Annual Stock Assessment and Fishery the Category I Northeast sink gillnet The commenter states that multiple Evaluation (SAFE) report for the fishery fishery. The commenter states observer data sources, including acoustic participation data in the 2019 LOF, coverage from 2012–2016 was low (15, surveys, right whale sightings data, and which resulted in the number of 11, 18, 14 and 10 percent each year, low copepod concentrations, document vessels/persons revised from 17 in the respectively) and interactions with these that right whales are extremely rare in previous LOF to 1,092 in the 2019 LOF; stocks may be unobserved. Maine’s exempt waters, are not found in and the subsequent revision to 2,095 in Response: No hooded seal or long- large numbers in Maine’s non-exempt the proposed 2020 LOF. WPRFMC notes finned pilot whale mortalities or waters, and are unlikely to feed in these the method used in the Annual SAFE injuries were observed or reported in areas. In addition, MLA notes, there has Report estimates participation for the the Northeast sink gillnet fishery from been only one right whale entangled in American Samoa bottomfish fishery by 2012–2016 (Hayes et al., 2019). The last Maine gear in April 2002, and the multiplying the average number of observed M/SI of these stocks in the entanglement was determined to be a fishers per trip by the number of trips Northeast sink gillnet fishery was in non-serious injury. There are two per day, and then by the number of 2004 and 2010. In general, we list additional non-serious injury dates in the calendar year by gear type. species/stocks incidentally killed or entanglement cases that involved Maine The commenter also states this method injured in a particular fishery based on lobster gear. However, Maine lobster does not generate a count of unique data observed from the last 5 years. The gear was not the primary entangling gear fishermen in the fishery, but rather an list contained in the LOF is not in these cases.

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Response: The information provided range between 5–30+ pot trawls. While was not identified. Therefore, it cannot by the commenter is insufficient for there were fewer responses citing these be ruled out that the entanglements (one splitting the Northeast/Mid-Atlantic higher trawl numbers, it shows the of which resulted in a mortality) may American lobster trap/pot into multiple variability of the Maine state lobster have occurred off the coast of Maine in fisheries. Fisheries are categorized based fishery. The 3/8th line diameter and non-exempt waters. The commenter on the gear types used, how the gear is limited trap/pots justification is not referenced Case E36–16 (which was fished, and the behavior of the fishery uniform throughout the inshore area confirmed to be Massachusetts lobster related to the risk to marine mammals. and is not unique to Maine waters; gear from the Northern Inshore Trap/Pot Multiple states participate in the therefore, these areas are not management area) as an example of why American lobster trap/pot fisheries, representative of a unique fishery the Maine state fisheries should have a using a wide variety of gear and gear compared to the rest of the lobster separate designation compared to other configurations throughout a large fishery. lobster fisheries. However, we consider portion of coastal waters. While we MLA also cites a lack of right whale this example as evidence as to why all recognize this variety within the fishery sightings in Maine state waters as lobster fisheries should remain at large, there are no clear boundaries to justification for reclassifying the Maine classified together. Given that there are divide gear use across the wider area, as lobster fisheries. However, it is limited differences between the gear suggested by this comment. Importantly, important to recognize that whale used in the waters throughout the the state of Maine does not use unique sighting information is related to current management areas, this example gear configurations, compared to gear monitoring efforts, which are largely a shows that lobster gear poses a potential configurations used in other states, and reflection of survey resource risk to right whales in any area where gear configurations within Maine’s prioritization. Until this point, right right whale and lobster fishery waters are not uniform or divided across whale surveys have focused on areas distributions overlap. the geographic boundaries (i.e., where high abundance and social/ With this request, the commenter is exemption lines) that MLA has feeding aggregations are known to also not taking into consideration the identified. Further, gear marking and occur, due to resource constraints. As high percentage of multiple sightings of right whale monitoring efforts noted at the October 2018 TRT meeting, unidentified entanglements, with first throughout Maine waters are this is an artifact of prioritizing the sightings in either the U.S. or in Canada. insufficient to determine that the gear or monitoring of population and health Over the past 5 years, there have been area presents a different risk to large assessments through mark recapture 4.15 M/SI entanglements documented whales. methods that require maximizing photo- annually where the origin of the identification opportunities, rather than entanglement is unknown (Hayes et al., MLA suggests that differences in rope prioritizing coverage of the entire range in review). NMFS has proposed two diameter used by the inshore fishery of right whales. Despite the lack of ways to include these M/SI in risk (i.e. fisheries exempted under the directed survey efforts, from 2014–2018, assessment reduction measure metrics: Atlantic Large Whale TRP management there were at least six right whale By taking the total unknown requirements) are sufficient to reduce opportunistic sightings reported and entanglements and dividing them in any risk to large whales, and thereby documented in Maine waters in the half to allocate 50 percent of the make it a distinct fishery. The North Atlantic Right Whale unknown entanglements to U.S. commenter indicates that coastal lobster Consortium’s sightings database fisheries and 50 percent to Canadian fisheries in Maine state waters utilize 3/ (Industrial Economics Inc., personal fisheries, or by assigning the incident to 8th diameter line and fish doubles and, communication). Also, bioacoustic the country the entanglement was first therefore, pose less of a risk to right gliders implemented between December sighted in as the country of origin. Both whales than other fisheries. While this 2018 and April 2019 had several options produced similar results; the may characterize a portion of the potential detections of right whales in range of entanglements for U.S. fisheries inshore fishery, this information is the Maine inshore waters (Baumgartner, is 0.2–2.45 (2.075 if the risk is divided based on a small sample size from self- in review). This shows that the right by 50 percent). The median M/SI reported surveys conducted by Maine’s whales are present in Maine state entanglement potential is 1.325 animals Department of Marine Fisheries and waters, even those overlapping per year, or 165 percent of PBR. does not take into account varying exempted areas. Given the population The sample size of recovered gear breaking strength or other variability distribution shifts and critical status of from entanglements is small, and much within this fishery. In this same study, the population, we are allocating of the retrieved gear is unmarked and high variability in line diameter used resources towards broader surveys that cannot be attributed to a particular and number of pots trawled in the will provide further insight into the location. Currently, gear marking is not coastal fishery was also shown. habitat use and distribution of these required in exempted areas. The lack of According to Summers et al. 2019 whales; these broader surveys will marks on retrieved gear may indicate (Assessment of Vertical Line Use in Gulf include regular aerial and acoustic that the current marking scheme is of Maine Region Fixed Gear Fisheries surveys of Maine waters throughout the inadequate, or that entanglements are presentation to Atlantic Large Whale upcoming year. occurring in areas where gear is not TRT), of the 647 responses received As the commenter stated, there are currently marked, such as international from Maine permitted lobster fishermen three right whale entanglement cases waters or current exempted areas. The (approximately 15 percent of the total of (E11–11, E43–12, and E36–16) where state of Maine is currently pursuing a actively fishing permitted Maine gear has been recovered with red gear marking regime in these exempted vessels), less than 60 percent of that tracers, which is the gear marking waters that will provide additional data sample included those who fish scheme required in the Northern about entanglement risk in these areas. between 0–3 nautical miles from shore. Inshore Trap/Pot fishery management The MLA states that there are ‘‘zero While the majority of this small sample area, a management area that overlaps instances’’ in any data set of Maine of size responded that they primarily fish Maine, New Hampshire, and lobster gear associated with a right single and double pots, some voluntary Massachusetts state waters. In two of whale serious injury or mortality, and respondents answered that they fish a these cases, the specific trap/pot fishery that the only known entanglement in

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which Maine lobster gear was the Stewardship Council determined that collected from the last 5 years. The list primary entangling gear occurred in the U.S. Northeastern Longfin Inshore contained in the LOF is not intended to 2002 and resulted in a non-serious Squid Small Mesh Bottom Trawl serve as a historical overview of injury determination. We recognize that Fishery, harvested by small mesh mortalities and injuries, as that data is there has only been one confirmed bottom trawls in U.S. waters between available in individual species SARs. mortality (in 2012) in American lobster the Gulf of Maine and Cape Hatteras, Observer programs provide data that is gear in the past decade. All other NC, was certified as a sustainable included in the SARs. All manatee documented lobster interactions were fishery. deaths and injuries are monitored determined to result in non-serious Response: Separating the small mesh extensively through the Florida Fish injuries. However, there have been a and large mesh trawl fisheries is not and Wildlife Conservation number of entanglements for which appropriate with respect to evaluating Commission’s Marine Mammal interventions occurred because these the risk posed to marine mammals by Pathobiology Laboratory carcass entanglements were determined to be the fisheries. Further, given that the recovery and necropsy program, as well resulting in serious injuries (Henry et fisheries operate in similar manners, in as their accessory field labs around the al., 2019). According to NMFS’ ‘‘Process similar locations, and given that many State of Florida. There has been no for Distinguishing Serious from Non- small mesh trawl fisheries go between additional evidence from this effort to Serious Injury of Marine Mammals coastal and offshore waters, it would be suggest mortality or injury from the (NMFS 2015, 02–238–01),’’ cases that difficult to distinguish between fisheries shrimp trawl fishery. Following would have been serious injuries prior for such an analysis. consultation with the U.S. Fish and to disentanglement are not counted As previously stated (see 84 FR Wildlife Service (USFWS), and as against PBR in the SAR, but they are 22051, June 17, 2019, comment 15), we included in the proposed rule, in this included in the recorded takes for the did not reclassify any of the trawl 2020 LOF NMFS has removed the LOF and associated management fisheries based on upcoming draft Florida stock of West Indian manatee measures. Aerial surveys, whale population assessments for the long from the list of species and/or stocks watching boats, the presence of other finned pilot whale. The 2019 draft SARs incidentally killed or injured in the fisheries, and the presence of, and (84 FR 65353, November 27, 2019) Category II Southeastern U.S. Atlantic, associated outreach by, a combines the U.S. and Canadian Gulf of Mexico shrimp trawl fishery. disentanglement team contribute to the population assessments from 2016 higher reporting of entanglement survey efforts for long-finned pilot Summary of Changes From the sightings in certain areas (i.e. whales throughout their range, from Proposed Rule Massachusetts) than in Maine state central Virginia north to Labrador. This NMFS updates the estimated number waters and offshore waters. However, estimate is larger than that previously of vessels/persons in the Category III that does not mean the risk is reported in the SAR, because the American Samoa bottomfish handline nonexistent in other areas where updated estimate is derived from a fishery from 1,092 vessels/persons to entanglements are not observed. With survey area extending from fewer than 30 vessels/persons. 85 percent of all right whales exhibiting Newfoundland to Florida, which is entanglement scars, it is reasonable and about 1,300,000 km2 larger than the Summary of Changes to the LOF for prudent to assume that entanglements 2011 survey area used in the previous 2020 are indeed occurring in areas where SAR. In addition, the newer survey The following summarizes changes to observations have not yet been reported. estimates in U.S. waters were corrected the LOF for 2020, including the As stated above, we find that there is for availability bias (due to diving classification of fisheries, the estimated insufficient information to suggest that behavior), whereas the earlier estimates number of vessels/persons in a Maine’s fisheries should be split from were not corrected. particular fishery, and the species and/ the American lobster trap/pot fisheries, The new minimum population or stocks that are incidentally killed or because the gear used in Maine waters estimate for this stock is 30,627 animals, injured in a particular fishery. NMFS re- are not unique from other states. with a PBR of 306. The Northeast classifies one fishery in the LOF for Further, we maintain that entanglement bottom trawl fishery has a mean 2020. The classifications and definitions data indicates that the gear used across combined annual mortality of 15 pilot of U.S. commercial fisheries for 2020 are this fishery remains a risk to right whales (4.9 percent of PBR). Therefore, identical to those provided in the LOF whales. Should Maine fisheries make the Category II classification for this for 2019, except for the changes significant changes to their gear fishery remains appropriate. discussed below. State and regional Comment 16: CBD does not support configurations that differentiate these abbreviations used in the following NMFS’ proposal to remove the Florida fisheries from other lobster trap/pot paragraphs include: AK (Alaska), CA stock of West Indian manatee from the fisheries, such as eliminating vertical (California), GMX (Gulf of Mexico), HI list species/stocks incidentally killed or lines, we will reconsider this decision. (Hawaii), NC (North Carolina), OR Comment 15: Lund’s Fisheries and injured in the Category II Southeastern (Oregon), WA (Washington), and WNA The Town Dock restate a previous U.S. Atlantic, Gulf of Mexico shrimp (Western North Atlantic). comment requesting that NMFS conduct trawl fishery. CBD notes that while it a tier analysis of long-finned pilot whale may be true that, from 2008 to 2012, Commercial Fisheries in the Pacific M/SI in the small mesh and large mesh there were no documented fishery Ocean bottom trawl fisheries, and that NMFS related injuries or mortalities in shrimp Classification of Fisheries consider classifying the small mesh and trawl fisheries (USFWS 2014), it is large mesh bottom trawl fisheries as unknown whether the fishery NMFS renames the Category III CA/ separate fisheries on the LOF. The monitoring was adequate to estimate OR coonstripe shrimp fishery to the CA commenters note the small mesh bottom unobserved or undocumented coonstripe shrimp fishery and clarifies trawl longfin squid fishery is included interactions. that the OR coonstripe shrimp pot on the LOF in both of the Category II Response: In general, we list species/ fishery is a component of the Category Northeast and mid-Atlantic bottom stocks incidentally killed or injured in III WA/OR shrimp pot/trap fishery. trawl fisheries. In 2018, the Marine a particular fishery based on data NMFS also reclassifies the CA

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coonstripe shrimp fishery from a stocks incidentally killed or injured in injured in the Category II HI shallow-set Category III to a Category II fishery. the Category II CA halibut/white seabass longline fishery. and other species set gillnet (>3.5 in Fishery Name and Organizational NMFS removes two stocks from the mesh) fishery. Changes and Clarification list of species/stocks incidentally killed NMFS adds the Alaska stock of ribbon or injured in the Category II American NMFS clarifies that the Category II AK seal to the list of species/stocks Samoa longline fishery including: (1) Southeast salmon drift gillnet fishery incidentally killed or injured in the Unknown stock of Cuvier’s beaked and Category III AK Southeast salmon Category II AK Bering Sea Aleutian whale; and (2) unknown stock of purse seine fishery include both the AK Islands rockfish trawl fishery. bottlenose dolphin. NMFS adds CA/OR/WA stock of Metlakatla salmon drift gillnet fishery NMFS removes the Alaska stock of humpback whale to the list of species/ and the AK Metlakatla salmon purse ribbon seal from the list of species/ stocks incidentally killed or injured in seine fishery. Based on this clarification, stocks incidentally killed or injured in the Category II CA coonstripe shrimp NMFS also removes the Category III AK the Category III AK Aleutian Islands pot fishery. Metlakatla salmon purse seine fishery Atka mackerel trawl fishery. from the LOF. NMFS adds the California stock of long-beaked common dolphin to the list Commercial Fisheries in the Atlantic Number of Vessels/Persons of species/stocks incidentally killed or Ocean, Gulf of Mexico, and Caribbean NMFS updates the estimated number injured in the Category II CA spot prawn Fishery Name and Organizational of vessels/persons in the Pacific Ocean pot fishery. (Table 1) as follows: NMFS adds the Western U.S. stock of Changes and Clarification Steller sea lion to, and removes the Category I NMFS adds a superscript ‘‘1’’ to the Alaska stock of Dall’s porpoise from, the Western North Atlantic stock of gray • HI deep-set longline fishery from list of species/stocks incidentally killed seals to indicate it is driving the 142 to 145 vessels/persons; or injured in the Category II AK Bering Category I classification of the Northeast Category II Sea Aleutian Islands Pacific cod sink gillnet fishery. longline fishery. NMFS adds a superscript ‘‘1’’ to the • HI shallow-set longline fishery from NMFS adds the Eastern U.S. stock of Central Georgia estuarine stock of 13 to 18 vessels/persons; Steller sea lion to the list of species/ bottlenose dolphins to indicate it is • American Samoa longline fishery stocks incidentally killed or injured in driving the Category II classification of from 20 to 15 vessels/persons; the Category II AK Gulf of Alaska the Atlantic blue crab trap/pot fishery. • CA thresher shark/swordfish drift sablefish longline fishery. gillnet (≥14 inch (in) mesh) fishery from NMFS adds four stocks to the list of NMFS adds a superscript ‘‘1’’ to the 18 to 14 vessels/persons; species/stocks incidentally killed or Western North Atlantic stock of gray • CA halibut/white seabass and other injured in the Category III to WA/OR/ seals to indicate it is driving the species set gillnet (>3.5 in mesh) fishery CA groundfish, bottomfish longline/set Category II classification of the mid- from 50 to 37 vessels/persons; line fishery: (1) U.S. stock of California Atlantic bottom trawl fishery. • CA yellowtail, barracuda, and white sea lion; (2) California breeding stock of NMFS removes the superscript ‘‘1’’ seabass drift gillnet (mesh size ≥3.5 in Northern elephant seal; (3) CA/OR/WA from the Western North Atlantic stock and <14 in) fishery from 30 to 22 stock of sperm whale; and (4) Eastern of long-finned pilot whales to indicate vessels/persons; U.S. stock of Steller sea lion. the stock is no longer driving the • WA Puget Sound Region salmon NMFS adds the Alaska stock of Dall’s Category I classification of the Atlantic drift gillnet fishery from 210 to 154 porpoise to the list of species/stocks Ocean, Caribbean, Gulf of Mexico large vessels/persons; incidentally killed or injured in the pelagics longline fishery. • CA coonstripe shrimp pot fishery Category III AK Kodiak salmon purse Number of Vessels/Persons from 36 to 14 vessels/persons; seine. • CA spiny lobster fishery from 194 to NMFS adds the Eastern U.S. stock of NMFS updates the estimated number 186 vessels/persons; Steller sea lion to the list of species/ of vessels/persons in the Atlantic • CA spot prawn pot fishery from 25 stocks incidentally killed or injured in Ocean, Gulf of Mexico, and Caribbean to 23 vessels/persons; the Category III AK Gulf of Alaska (Table 2) as follows: • CA Dungeness crab pot fishery from halibut longline fishery. 570 to 501 vessels/persons; NMFS adds two stocks to the list of Category I • OR Dungeness crab pot fishery from species/stocks incidentally killed or • Atlantic Ocean, Caribbean, Gulf of 433 to 342 vessels/persons; injured in the Category III AK Bering Mexico large pelagics longline fishery • WA/OR/CA sablefish pot fishery Sea Aleutian Islands Pacific cod trawl from 280 to 201 vessels/persons; from 309 to 155 vessels/persons; fishery: (1) Alaska stock of ribbon seal; • WA coastal Dungeness crab pot and (2) Alaska stock of bearded seal. Category II fishery from 228 to 197 vessels/persons; NMFS removes the Hawaii stock of • NC inshore gillnet fishery from sperm whale from the list of species/ List of Species and/or Stocks 2,850 to 2,676 vessels/persons; stocks incidentally killed or injured in Incidentally Killed or Injured in the • Southeastern U.S. Atlantic shark the Category I Hawaii deep-set longline Pacific Ocean gillnet fishery from 23 to 21 vessels/ fishery. persons; NMFS adds the Eastern North Pacific NMFS removes the Alaska stock of • stock of gray whale to the list of species/ Dall’s porpoise from the list of species/ Southeastern U.S. Atlantic, Gulf of stocks incidentally killed or injured in stocks incidentally killed or injured in Mexico stone crab trap/pot fishery from the Category II CA thresher shark/ the Category II AK Aleutian Islands 1,384 to 1,101 vessels/persons; swordfish drift gillnet (≥14 in mesh) pollock trawl fishery. • Atlantic blue crab trap/pot fishery fishery. NMFS removes the Hawaii stock of from 7,714 to 6,679 vessels/persons; NMFS adds the Eastern North Pacific short-finned pilot whale from the list of • NC long haul seine fishery from 30 stock of gray whale to the list of species/ species/stocks incidentally killed or to 22 vessels/persons.

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List of Species and/or Stocks • Pacific highly migratory species then the number from the most recent Incidentally Killed or Injured in the handline/pole and line fishery from 48 LOF is used for the estimated number of Atlantic Ocean, Gulf of Mexico, and to 41 HSFCA permits; vessels or persons in the fishery. NMFS Caribbean • South Pacific albacore troll acknowledges that, in some cases, these NMFS adds the Western North handline/pole and line fishery from 15 estimates may be inflations of actual Atlantic stock of hooded seal to the list to 11 HSFCA permits; effort. For example, the State of Hawaii • Western Pacific pelagic handline/ of species/stocks incidentally killed or does not issue fishery-specific licenses, pole and line fishery from 6 to 5 HSFCA injured in the Category I Mid-Atlantic and the number of participants reported permits; in the LOF represents the number of gillnet fishery. • Atlantic highly migratory species NMFS adds the Sarasota Bay, Little commercial marine license holders who troll fishery from 1 to 0 HSFCA permits; Sarasota Bay stock of bottlenose dolphin reported using a particular fishing gear • South Pacific albacore troll fishery type/method at least once in a given to the list of species/stocks incidentally from 24 to 17 HSFCA permits; year, without considering how many killed or injured in the Category II • South Pacific tuna troll fishery from times the gear was used. For these Southeastern U.S. Atlantic, Gulf of 3 to 1 HSFCA permits; fisheries, effort by a single participant is Mexico stone crab trap/pot fishery. • Western Pacific pelagic troll fishery counted the same whether the NMFS adds the Mississippi River from 6 to 5 HSFCA permits; fisherman used the gear only once or Delta stock of bottlenose dolphin to the every day. In the Mid-Atlantic and New list species/stocks incidentally killed or Category III England fisheries, the numbers injured in the Category II Gulf of Mexico • Northwest Atlantic bottom longline represent the potential effort for each menhaden purse seine fishery. fishery from 2 to 3 HSFCA permits; fishery, given the multiple gear types for NMFS adds the Mobile Bay, • Pacific highly migratory species which several state permits may allow. Bonsecour Bay stock of bottlenose longline fishery from 128 to 108 HSFCA Changes made to Mid-Atlantic and New dolphin to the list of species/stocks permits; England fishery participants will not incidentally killed or injured in the • Pacific highly migratory species affect observer coverage or bycatch Category III Gulf of Mexico blue crab purse seine fishery from 10 to 5 HSFCA estimates, as observer coverage and trap/pot fishery. permits; bycatch estimates are based on vessel NMFS removes two stocks from the • Pacific highly migratory species trip reports and landings data. Tables 1 list of species/stocks incidentally killed troll fishery from 150 to 119 HSFCA and 2 serve to provide a description of or injured in the Category I Northeast permits. the fishery’s potential effort (state and sink gillnet fishery: (1) Western North List of Species and/or Stocks Federal). If NMFS is able to extract more Atlantic stock of hooded seal; and (2) accurate information on the gear types Western North Atlantic long-finned Incidentally Killed or Injured on the High Seas used by state permit holders in the pilot whale. future, the numbers will be updated to Following consultation with the NMFS removes the Hawaii stock of reflect this change. For additional USFWS, NMFS removes the Florida sperm whale from the list of species/ information on fishing effort in fisheries stock of West Indian manatee from the stocks incidentally killed or injured in found on Table 1 or 2, contact the list of species/stocks incidentally killed the Category I Hawaii deep-set longline relevant regional office (contact or injured in the Category II fishery. information included above in Southeastern U.S. Atlantic, Gulf of NMFS removes the Hawaii stock of SUPPLEMENTARY INFORMATION). Mexico shrimp trawl fishery. short-finned pilot whale from the list of For high seas fisheries, Table 3 lists Commercial Fisheries on the High Seas species/stocks incidentally killed or the number of valid HSFCA permits injured in the Category II HI shallow-set currently held. Although this likely Number of Vessels/Persons longline fishery. overestimates the number of active NMFS updates the estimated number List of Fisheries participants in many of these fisheries, of HSFCA permits for high seas fisheries the number of valid HSFCA permits is (Table 3) as follows: The following tables set forth the list the most reliable data on the potential of U.S. commercial fisheries according effort in high seas fisheries at this time. Category I to their classification under section 118 As noted previously in this LOF, the • Atlantic highly migratory species of the MMPA. Table 1 lists commercial number of HSFCA permits listed in longline fishery from 67 to 53 HSFCA fisheries in the Pacific Ocean (including Table 3 for the high seas components of permits; Alaska), Table 2 lists commercial fisheries that also operate within U.S. • Western Pacific pelagic longline (HI fisheries in the Atlantic Ocean, Gulf of waters does not necessarily represent deep-set component) fishery from 142 to Mexico, and Caribbean, Table 3 lists additional effort that is not accounted 145 HSFCA permits; commercial fisheries on the high seas, for in Tables 1 and 2. Many vessels and Table 4 lists fisheries affected by holding HSFCA permits also fish within Category II TRPs or TRTs. U.S. waters and are included in the • Pacific highly migratory species In Tables 1 and 2, the estimated number of vessels and participants drift gillnet fishery from 6 to 5 HSFCA number of vessels or persons operating within those fisheries in permits; participating in fisheries operating Tables 1 and 2. • South Pacific tuna purse seine within U.S. waters is expressed in terms Tables 1, 2, and 3 also list the marine fishery from 38 to 33 HSFCA permits; of the number of active participants in mammal species and/or stocks • South Pacific albacore troll longline the fishery, when possible. If this incidentally killed or injured (seriously fishery from 11 to 6 HSFCA permits; information is not available, the or non-seriously) in each fishery based • South Pacific tuna longline fishery estimated number of vessels or persons on SARs, injury determination reports, from 3 to 2 HSFCA permits; licensed for a particular fishery is bycatch estimation reports, observer • Western Pacific pelagic longline (HI provided. If no recent information is data, logbook data, stranding data, shallow-set component) fishery from 13 available on the number of participants, disentanglement network data, to 18 HSFCA permits; vessels, or persons licensed in a fishery, fishermen self-reports (i.e., MMAP

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reports), and anecdotal reports. The best (Category II), of a stock’s PBR) by a ‘‘1’’ target species, seasons and areas fished, available scientific information after the stock’s name. qualitative data from logbooks or included in these reports is based on In Tables 1 and 2, there are several fishermen reports, stranding data, and data through 2016. This list includes all fisheries classified as Category II that the species and distribution of marine species and/or stocks known to be killed have no recent documented mortalities mammals in the area). NMFS has or injured in a given fishery, but also or serious injuries of marine mammals, designated those fisheries listed by includes species and/or stocks for or fisheries that did not result in a analogy in Tables 1 and 2 by adding a which there are anecdotal records of a mortality or serious injury rate greater ‘‘2’’ after the fishery’s name. than 1 percent of a stock’s PBR level mortality or injury. Additionally, based on known interactions. NMFS has There are several fisheries in Tables 1, species identified by logbook entries, classified these fisheries by analogy to 2, and 3 in which a portion of the stranding data, or fishermen self-reports other Category I or II fisheries that use fishing vessels cross the exclusive (i.e., MMAP reports) may not be similar fishing techniques or gear that economic zone (EEZ) boundary and verified. In Tables 1 and 2, NMFS has are known to cause mortality or serious therefore operate both within U.S. designated those species/stocks driving injury of marine mammals, as discussed waters and on the high seas. These a fishery’s classification (i.e., the fishery in the final LOF for 1996 (60 FR 67063; fisheries, though listed separately on is classified based on mortalities and December 28, 1995), and according to Table 1 or 2 and Table 3, are considered serious injuries of a marine mammal factors listed in the definition of a the same fisheries on either side of the stock that are greater than or equal to 50 ‘‘Category II fishery’’ in 50 CFR 229.2 EEZ boundary. NMFS has designated percent (Category I), or greater than 1 (i.e., fishing techniques, gear types, those fisheries in each table by a ‘‘*’’ percent and less than 50 percent methods used to deter marine mammals, after the fishery’s name.

TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

CATEGORY I

Longline/Set Line Fisheries: HI deep-set longline * ∧ ...... 145 ...... Bottlenose dolphin, HI Pelagic. False killer whale, HI Pelagic.1 False killer whale, MHI Insular.1 False killer whale, NWHI. Humpback whale. Central North Pacific. Kogia spp. (Pygmy or dwarf sperm whale), HI. Pygmy killer whale, HI. Risso’s dolphin, HI. Rough-toothed dolphin, HI. Short-finned pilot whale, HI. Striped dolphin, HI.

CATEGORY II

Gillnet Fisheries: CA thresher shark/swordfish drift gillnet (≥14 in mesh) * 14 ...... Bottlenose dolphin, CA/OR/WA offshore. California sea lion, U.S. Dall’s porpoise, CA/OR/WA. Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA. Long-beaked common dolphin, CA. Minke whale, CA/OR/WA. Northern elephant seal, CA breeding. Northern right-whale dolphin, CA/OR/WA. Pacific white-sided dolphin, CA/OR/WA. Risso’s dolphin, CA/OR/WA. Short-beaked common dolphin, CA/OR/WA. Short-finned pilot whale, CA/OR/WA.1 Sperm Whale, CA/OR/WA.1 CA halibut/white seabass and other species set gillnet 37 ...... California sea lion, U.S. (>3.5 in mesh). Gray whale, Eastern North Pacific. Harbor seal, CA. Humpback whale, CA/OR/WA.1 Long-beaked common dolphin, CA. Northern elephant seal, CA breeding. Sea otter, CA. Short-beaked common dolphin, CA/OR/WA. CA yellowtail, barracuda, and white seabass drift gillnet 22 ...... California sea lion, U.S. (mesh size ≥3.5 in and <14 in) 2. Long-beaked common dolphin, CA. Short-beaked common dolphin, CA/OR/WA.

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TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

AK Bristol Bay salmon drift gillnet 2 ...... 1,862 ...... Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Spotted seal, AK. Steller sea lion, Western U.S. AK Bristol Bay salmon set gillnet 2 ...... 979 ...... Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Spotted seal, AK. AK Kodiak salmon set gillnet ...... 188 ...... Harbor porpoise, GOA.1 Harbor seal, GOA. Humpback whale, Central North Pacific. Humpback whale, Western North Pacific. Sea otter, Southwest AK. Steller sea lion, Western U.S. AK Cook Inlet salmon set gillnet ...... 736 ...... Beluga whale, Cook Inlet. Dall’s porpoise, AK. Harbor porpoise, GOA. Harbor seal, GOA. Humpback whale, Central North Pacific.1 Sea otter, South central AK. Steller sea lion, Western U.S. AK Cook Inlet salmon drift gillnet ...... 569 ...... Beluga whale, Cook Inlet. Dall’s porpoise, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Steller sea lion, Western U.S. AK Peninsula/Aleutian Islands salmon drift gillnet 2 ...... 162 ...... Dall’s porpoise, AK. Harbor porpoise, GOA. Harbor seal, GOA. Northern fur seal, Eastern Pacific. AK Peninsula/Aleutian Islands salmon set gillnet 2 ...... 113 ...... Harbor porpoise, Bering Sea. Northern sea otter, Southwest AK. Steller sea lion, Western U.S. AK Prince William Sound salmon drift gillnet ...... 537 ...... Dall’s porpoise, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Sea otter, South central AK. Steller sea lion, Western U.S.1 AK Southeast salmon drift gillnet ...... 474 ...... Dall’s porpoise, AK. Harbor porpoise, Southeast AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific.1 Pacific white-sided dolphin, North Pacific. Steller sea lion, Eastern U.S. AK Yakutat salmon set gillnet 2 ...... 168 ...... Gray whale, Eastern North Pacific. Harbor Porpoise, Southeastern AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific (Southeast AK). WA Puget Sound Region salmon drift gillnet (includes all 154 ...... Dall’s porpoise, CA/OR/WA. inland waters south of US-Canada border and east- Harbor porpoise, inland WA.1 ward of the Bonilla-Tatoosh line-Treaty Indian fishing Harbor seal, WA inland. is excluded). Trawl Fisheries: AK Bering Sea, Aleutian Islands flatfish trawl ...... 32 ...... Bearded seal, AK. Gray whale, Eastern North Pacific. Harbor porpoise, Bering Sea. Harbor seal, Bering Sea. Humpback whale, Western North Pacific.1 Killer whale, AK resident.1

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TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

Killer whale, GOA, AI, BS transient.1 Northern fur seal, Eastern Pacific. Ringed seal, AK. Ribbon seal, AK. Spotted seal, AK. Steller sea lion, Western U.S.1 Walrus, AK. AK Bering Sea, Aleutian Islands pollock trawl ...... 102 ...... Bearded Seal, AK. Beluga whale, Bristol Bay. Beluga whale, Eastern Bering Sea. Beluga whale, Eastern Chukchi Sea. Harbor seal, AK. Humpback whale, Central North Pacific. Humpback whale, Western North Pacific. Northern fur seal, Eastern Pacific. Ribbon seal, AK. Ringed seal, AK. Spotted seal, AK. Steller sea lion, Western U.S.1 AK Bering Sea, Aleutian Islands rockfish trawl ...... 17 ...... Killer whale, ENP AK resident.1 Killer whale, GOA, AI, BS transient.1 Ribbon seal, AK. Pot, Ring Net, And Trap Fisheries: CA coonstripe shrimp pot ...... 14 ...... Gray whale, Eastern North Pacific. Harbor seal, CA. Humpback whale, CA/OR/WA. CA spiny lobster ...... 186 ...... Bottlenose dolphin, CA/OR/WA offshore. Humpback whale, CA/OR/WA2.1 Gray whale, Eastern North Pacific. Southern sea otter. CA spot prawn pot ...... 23 ...... Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Long-beaked common dolphin, CA. CA Dungeness crab pot ...... 501 ...... Blue whale, Eastern North Pacific.1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 OR Dungeness crab pot ...... 342 ...... Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 WA/OR/CA sablefish pot ...... 155 ...... Humpback whale, CA/OR/WA.1 WA coastal Dungeness crab pot ...... 197 ...... Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Longline/Set Line Fisheries: AK Bering Sea, Aleutian Islands Pacific cod longline ...... 45 ...... Killer whale, Eastern North Pacific AK resident. Killer whale, GOA, BSAI transient.1 Northern fur seal, Eastern Pacific. Ringed seal, AK. Spotted seal, AK. Steller sea lion, Western U.S. AK Gulf of Alaska sablefish longline ...... 295 ...... Sperm whale, North Pacific. Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. HI shallow-set longline * ∧ ...... 18 ...... Blainville’s beaked whale, HI. Bottlenose dolphin, HI Pelagic. False killer whale, HI Pelagic.1 Humpback whale, Central North Pacific. Risso’s dolphin, HI. Rough-toothed dolphin, HI. Striped dolphin, HI. American Samoa longline 2 ...... 15 ...... False killer whale, American Samoa. Rough-toothed dolphin, American Samoa. Short-finned pilot whale, unknown. HI shortline 2 ...... 9 ...... None documented.

CATEGORY III

Gillnet Fisheries: AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon 1,778 ...... Harbor porpoise, Bering Sea. gillnet.

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TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

AK Prince William Sound salmon set gillnet ...... 29 ...... Harbor seal, GOA. Humpback whale, Central North Pacific. Sea otter, South central AK. Steller sea lion, Western U.S. AK roe herring and food/bait herring gillnet ...... 920 ...... None documented. CA set gillnet (mesh size <3.5 in) ...... 296 ...... None documented. HI inshore gillnet ...... 36 ...... Bottlenose dolphin, HI. Spinner dolphin, HI. WA Grays Harbor salmon drift gillnet (excluding treaty 24 ...... Harbor seal, OR/WA coast. Tribal fishing). WA/OR Mainstem Columbia River eulachon gillnet ...... 15 ...... None documented. WA/OR lower Columbia River (includes tributaries) drift 110 ...... California sea lion, U.S. gillnet. Harbor seal, OR/WA coast. WA Willapa Bay drift gillnet ...... 82 ...... Harbor seal, OR/WA coast. Northern elephant seal, CA breeding. Miscellaneous Net Fisheries: AK Cook Inlet salmon purse seine ...... 83 ...... Humpback whale, Central North Pacific. AK Kodiak salmon purse seine ...... 376 ...... Dall’s porpoise, AK. Humpback whale, Central North Pacific. Humpback whale, Western North Pacific. AK Southeast salmon purse seine ...... 315 ...... Humpback whale, Central North Pacific. AK roe herring and food/bait herring beach seine ...... 10 ...... None documented. AK roe herring and food/bait herring purse seine ...... 356 ...... None documented. AK salmon beach seine ...... 31 ...... None documented. AK salmon purse seine (Prince William Sound, Chignik, 936 ...... Harbor seal, GOA. Alaska Peninsula). Harbor seal, Prince William Sound. WA/OR sardine purse seine ...... 42 ...... None documented. CA anchovy, mackerel, sardine purse seine ...... 65 ...... California sea lion, U.S. Harbor seal, CA. CA squid purse seine ...... 80 ...... Long-beaked common dolphin, CA. Short-beaked common dolphin, CA/OR/WA. CA tuna purse seine * ...... 10 ...... None documented. WA/OR Lower Columbia River salmon seine ...... 10 ...... None documented. WA/OR herring, smelt, squid purse seine or lampara ..... 130 ...... None documented. WA salmon purse seine ...... 75 ...... None documented. WA salmon reef net ...... 11 ...... None documented. HI lift net ...... 17 ...... None documented. HI inshore purse seine ...... <3 ...... None documented. HI throw net, cast net ...... 23 ...... None documented. HI seine net ...... 24 ...... None documented. Dip Net Fisheries: CA squid dip net ...... 115 ...... None documented. Marine Aquaculture Fisheries: CA marine shellfish aquaculture ...... unknown ...... None documented. CA salmon enhancement rearing pen ...... >1 ...... None documented. CA white seabass enhancement net pens ...... 13 ...... California sea lion, U.S. HI offshore pen culture ...... 2 ...... None documented. WA salmon net pens ...... 14 ...... California sea lion, U.S. Harbor seal, WA inland waters. WA/OR shellfish aquaculture ...... 23 ...... None documented. Troll Fisheries: WA/OR/CA albacore surface hook and line/troll ...... 705 ...... None documented. CA halibut hook and line/handline ...... unknown ...... None documented. CA white seabass hook and line/handline ...... unknown ...... None documented. AK Bering Sea, Aleutian Islands groundfish hand troll unknown ...... None documented. and dinglebar troll. AK Gulf of Alaska groundfish hand troll and dinglebar unknown ...... None documented. troll. AK salmon troll ...... 1,908 ...... Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. American Samoa tuna troll ...... 13 ...... None documented. CA/OR/WA salmon troll ...... 4,300 ...... None documented. HI troll ...... 2,117 ...... Pantropical spotted dolphin, HI. HI rod and reel ...... 322 ...... None documented. Commonwealth of the Northern Mariana Islands tuna 40 ...... None documented. troll. Guam tuna troll ...... 432 ...... None documented. Longline/Set Line Fisheries: AK Bering Sea, Aleutian Islands Greenland turbot 4 ...... Killer whale, AK resident. longline. AK Bering Sea, Aleutian Islands sablefish longline ...... 22 ...... None documented.

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TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

AK Bering Sea, Aleutian Islands halibut longline ...... 127 ...... Northern fur seal, Eastern Pacific. Sperm whale, North Pacific. AK Gulf of Alaska halibut longline ...... 855 ...... Steller sea lion, Eastern U.S. AK Gulf of Alaska Pacific cod longline ...... 92 ...... Steller sea lion, Western U.S. AK octopus/squid longline ...... 3 ...... None documented. AK state-managed waters longline/setline (including sa- 464 ...... None documented. blefish, rockfish, lingcod, and miscellaneous finfish). WA/OR/CA groundfish, bottomfish longline/set line ...... 367 ...... Bottlenose dolphin, CA/OR/WA offshore. California sea lion, U.S. Northern elephant seal, California breeding. Sperm whale, CA/OR/WA. Steller sea lion, Eastern U.S. WA/OR Pacific halibut longline ...... 350 ...... None documented. CA pelagic longline ...... 1 ...... None documented in the most recent five years of data. HI kaka line ...... 15 ...... None documented. HI vertical line ...... 3 ...... None documented. Trawl Fisheries: AK Bering Sea, Aleutian Islands Atka mackerel trawl ..... 13 ...... Bearded seal, AK. Steller sea lion, Western U.S. AK Bering Sea, Aleutian Islands Pacific cod trawl ...... 72 ...... Bearded seal, AK. Ribbon seal, AK. Ringed seal, AK. Steller sea lion, Western U.S. AK Gulf of Alaska flatfish trawl ...... 36 ...... Harbor seal, AK. Northern elephant seal, North Pacific. Steller sea lion, Western U.S. AK Gulf of Alaska Pacific cod trawl ...... 55 ...... Harbor seal, AK. Steller sea lion, Western U.S. AK Gulf of Alaska pollock trawl ...... 67 ...... Dall’s porpoise, AK. Fin whale, Northeast Pacific. Northern elephant seal, North Pacific. Steller sea lion, Western U.S. AK Gulf of Alaska rockfish trawl ...... 43 ...... Steller sea lion, Western U.S. AK Kodiak food/bait herring otter trawl ...... 4 ...... None documented. AK shrimp otter trawl and beam trawl ...... 38 ...... None documented. AK state-managed waters of Prince William Sound 2 ...... None documented. groundfish trawl. CA halibut bottom trawl ...... 47 ...... California sea lion, U.S. Harbor porpoise, unknown. Harbor seal, unknown. Northern elephant seal, CA breeding. Steller sea lion, unknown. CA sea cucumber trawl ...... 16 ...... None documented. WA/OR/CA shrimp trawl ...... 300 ...... None documented. WA/OR/CA groundfish trawl ...... 160–180 ...... California sea lion, U.S. Dall’s porpoise, CA/OR/WA. Harbor seal, OR/WA coast. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, CA/OR/WA. Steller sea lion, Eastern U.S. Pot, Ring Net, And Trap Fisheries: AK Bering Sea, Aleutian Islands sablefish pot ...... 6 ...... None documented. AK Bering Sea, Aleutian Islands Pacific cod pot ...... 59 ...... None documented. AK Bering Sea, Aleutian Islands crab pot ...... 540 ...... Bowhead whale, Western Arctic. Gray whale, Eastern North Pacific. AK Gulf of Alaska crab pot ...... 271 ...... None documented. AK Gulf of Alaska Pacific cod pot ...... 116 ...... Harbor seal, GOA. AK Gulf of Alaska sablefish pot ...... 248 ...... None documented. AK Southeast Alaska crab pot ...... 375 ...... Humpback whale, Central North Pacific (Southeast AK). AK Southeast Alaska shrimp pot ...... 99 ...... Humpback whale, Central North Pacific (Southeast AK). AK shrimp pot, except Southeast ...... 141 ...... None documented. AK octopus/squid pot ...... 15 ...... None documented. CA rock crab pot ...... 124 ...... Gray whale, Eastern North Pacific. Harbor seal, CA. WA/OR/CA hagfish pot ...... 54 ...... None documented. WA/OR shrimp pot/trap ...... 254 ...... None documented. WA Puget Sound Dungeness crab pot/trap ...... 249 ...... None documented. HI crab trap ...... 5 ...... Humpback whale, Central North Pacific. HI fish trap ...... 9 ...... None documented. HI lobster trap ...... <3 ...... None documented in recent years. HI shrimp trap ...... 10 ...... None documented.

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TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

HI crab net ...... 4 ...... None documented. HI Kona crab loop net ...... 33 ...... None documented. Hook-and-Line, Handline, and Jig Fisheries: AK Bering Sea, Aleutian Islands groundfish jig ...... 2 ...... None documented. AK Gulf of Alaska groundfish jig ...... 214 ...... Fin whale, Northeast Pacific. AK halibut jig ...... 71 ...... None documented. American Samoa bottomfish ...... fewer than 30 ...... None documented. Commonwealth of the Northern Mariana Islands 28 ...... None documented. bottomfish. Guam bottomfish ...... >300 ...... None documented. HI aku boat, pole, and line ...... <3 ...... None documented. HI bottomfish handline ...... 578 ...... None documented in recent years. HI inshore handline ...... 357 ...... None documented. HI pelagic handline ...... 534 ...... None documented. WA groundfish, bottomfish jig ...... 679 ...... None documented. Western Pacific squid jig ...... 0 ...... None documented. Harpoon Fisheries: CA swordfish harpoon ...... 6 ...... None documented. Pound Net/Weir Fisheries: AK herring spawn on kelp pound net ...... 291 ...... None documented. AK Southeast herring roe/food/bait pound net ...... 2 ...... None documented. HI bullpen trap ...... 3 ...... None documented. Bait Pens: WA/OR/CA bait pens ...... 13 ...... California sea lion, U.S. Dredge Fisheries: AK scallop dredge ...... 108 (5 AK) ...... None documented. Dive, Hand/Mechanical Collection Fisheries: AK clam ...... 130 ...... None documented. AK Dungeness crab ...... 2 ...... None documented. AK herring spawn on kelp ...... 266 ...... None documented. AK miscellaneous invertebrates handpick ...... 214 ...... None documented. HI black coral diving ...... <3 ...... None documented. HI fish pond ...... 5 ...... None documented. HI handpick ...... 46 ...... None documented. HI lobster diving ...... 19 ...... None documented. HI spearfishing ...... 163 ...... None documented. WA/CA kelp ...... 4 ...... None documented. WA/OR bait shrimp, clam hand, dive, or mechanical col- 201 ...... None documented. lection. OR/CA sea urchin, sea cucumber hand, dive, or me- 10 ...... None documented. chanical collection. Commercial Passenger Fishing Vessel (Charter Boat) Fish- eries: AK/WA/OR/CA commercial passenger fishing vessel ...... >7,000 (1,006 AK) Killer whale, unknown. Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. Live Finfish/Shellfish Fisheries: CA nearshore finfish live trap/hook-and-line ...... 93 ...... None documented. HI aquarium collecting ...... 90 ...... None documented. List of Abbreviations and Symbols Used in Table 1: AI—Aleutian Islands; AK—Alaska; BS—Bering Sea; CA—California; ENP—Eastern North Pacific; GOA—Gulf of Alaska; HI—Hawaii; MHI— Main Hawaiian Islands; OR—Oregon; WA—Washington; 1 Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock’s PBR; 2 Fishery classified by analogy; * Fishery has an associated high seas component listed in Table 3; ∧ The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of species and/or stocks killed or injured in high seas component of the fishery, minus species and/or stocks that have geographic ranges exclusively on the high seas. The species and/ or stocks are found, and the fishery remains the same, on both sides of the EEZ boundary. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas.

TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

CATEGORY I

Gillnet Fisheries: Mid-Atlantic gillnet ...... 3,950 ...... Bottlenose dolphin, Northern Migratory coastal. Bottlenose dolphin, Southern Migratory coastal.1

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TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Southern NC estuarine system.1 Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Gray seal, WNA. Harbor porpoise, GME/BF. Harbor seal, WNA. Hooded seal, WNA. Humpback whale, Gulf of Maine. Minke whale, Canadian east coast. Northeast sink gillnet ...... 3,163 ...... Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Fin whale, WNA. Gray seal, WNA.1 Harbor porpoise, GME/BF. Harbor seal, WNA. Harp seal, WNA. Humpback whale, Gulf of Maine. Minke whale, Canadian east coast. North Atlantic right whale, WNA. Risso’s dolphin, WNA. White-sided dolphin, WNA. Trap/Pot Fisheries: Northeast/Mid-Atlantic American lobster trap/pot ...... 8,485 ...... Humpback whale, Gulf of Maine. Minke whale, Canadian east coast. North Atlantic right whale, WNA.1 Longline Fisheries: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 201 ...... Atlantic spotted dolphin, Northern GMX. longline *. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Cuvier’s beaked whale, WNA. False killer whale, WNA. Harbor porpoise, GME, BF. Kogia spp. (Pygmy or dwarf sperm whale), WNA. Long-finned pilot whale, WNA. Mesoplodon beaked whale, WNA. Minke whale, Canadian East coast. Pantropical spotted dolphin, Northern GMX. Pygmy sperm whale, GMX. Risso’s dolphin, Northern GMX. Risso’s dolphin, WNA. Rough-toothed dolphin, Northern GMX. Short-finned pilot whale, Northern GMX. Short-finned pilot whale, WNA.1 Sperm whale, Northern GMX.

CATEGORY II

Gillnet Fisheries: Chesapeake Bay inshore gillnet 2 ...... 248 ...... Bottlenose dolphin, unknown (Northern migratory coastal or Southern migratory coastal). Gulf of Mexico gillnet 2 ...... 248 ...... Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX bay, sound, and estuarine. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Western GMX coastal. NC inshore gillnet ...... 2,676 ...... Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Southern NC estuarine system.1 Northeast anchored float gillnet 2 ...... 852 ...... Harbor seal, WNA. Humpback whale, Gulf of Maine. White-sided dolphin, WNA. Northeast drift gillnet 2 ...... 1,036 ...... None documented. Southeast Atlantic gillnet 2 ...... 273 ...... Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Northern FL coastal. Bottlenose dolphin, SC/GA coastal. Bottlenose dolphin, Southern migratory coastal. Southeastern U.S. Atlantic shark gillnet ...... 21 ...... Bottlenose dolphin, unknown (Central FL, Northern FL, SC/ GA coastal, or Southern migratory coastal). North Atlantic right whale, WNA.

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TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

Trawl Fisheries: Mid-Atlantic mid-water trawl (including pair trawl) ...... 320 ...... Harbor seal, WNA. Mid-Atlantic bottom trawl ...... 633 ...... Bottlenose dolphin, WNA offshore.1 Common dolphin, WNA.1 Gray seal, WNA.1 Harbor seal, WNA. Risso’s dolphin, WNA.1 White-sided dolphin, WNA. Northeast mid-water trawl (including pair trawl) ...... 542 ...... Common dolphin, WNA. Gray seal, WNA. Harbor seal, WNA. Long-finned pilot whale, WNA.1 Northeast bottom trawl ...... 2,238 ...... Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Gray seal, WNA. Harbor porpoise, GME/BF. Harbor seal, WNA. Harp seal, WNA. Long-finned pilot whale, WNA. Risso’s dolphin, WNA. White-sided dolphin, WNA.1 Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl 4,950 ...... Atlantic spotted dolphin, Northern Gulf of Mexico. Bottlenose dolphin, Charleston estuarine system. Bottlenose dolphin, Eastern GMX coastal.1 Bottlenose dolphin, GMX bay, sound, estuarine.1 Bottlenose dolphin, GMX continental shelf. Bottlenose dolphin, Mississippi River Delta. Bottlenose dolphin, Mobile Bay, Bonsecour Bay. Bottlenose dolphin, Northern GMX coastal.1 Bottlenose dolphin, SC/GA coastal.1 Bottlenose dolphin, Southern migratory coastal. Bottlenose dolphin, Western GMX coastal.1 Trap/Pot Fisheries: Southeastern U.S. Atlantic, Gulf of Mexico stone crab 1,101 ...... Bottlenose dolphin, Biscayne Bay estuarine. trap/pot 2. Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, FL Bay. Bottlenose dolphin, GMX bay, sound, estuarine (FL west coast portion). Bottlenose dolphin, Indian River Lagoon estuarine system. Bottlenose dolphin, Jacksonville estuarine system. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Sarasota Bay, Little Sarasota Bay. Atlantic mixed species trap/pot 2 ...... 3,332 ...... Fin whale, WNA; Humpback whale, Gulf of Maine. Atlantic blue crab trap/pot ...... 6,679 ...... Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Central GA estuarine system.1 Bottlenose dolphin, Charleston estuarine system.1 Bottlenose dolphin, Indian River Lagoon estuarine system. Bottlenose dolphin, Jacksonville estuarine system. Bottlenose dolphin, Northern FL coastal.1 Bottlenose dolphin, Northern GA/Southern SC estuarine system. Bottlenose dolphin, Northern Migratory coastal. Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Northern SC estuarine system. Bottlenose dolphin, SC/GA coastal. Bottlenose dolphin, Southern GA estuarine system. Bottlenose dolphin, Southern Migratory coastal.1 Bottlenose dolphin, Southern NC estuarine system. West Indian manatee, FL. Purse Seine Fisheries: Gulf of Mexico menhaden purse seine ...... 40–42 ...... Bottlenose dolphin, GMX bay, sound, estuarine. Bottlenose dolphin, Mississippi River Delta. Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay Boudreau. Bottlenose dolphin, Northern GMX coastal.1 Bottlenose dolphin, Western GMX coastal.1

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TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

Mid-Atlantic menhaden purse seine 2 ...... 19 ...... Bottlenose dolphin, Northern Migratory coastal. Bottlenose dolphin, Southern Migratory coastal. Haul/Beach Seine Fisheries: Mid-Atlantic haul/beach seine ...... 359 ...... Bottlenose dolphin, Northern Migratory coastal.1 Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Southern Migratory coastal.1 NC long haul seine ...... 22 ...... Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Southern NC estuarine system. Stop Net Fisheries: NC roe mullet stop net ...... 1 ...... Bottlenose dolphin, Northern NC estuarine system. Bottlenose dolphin, unknown (Southern migratory coastal or Southern NC estuarine system). Pound Net Fisheries: VA pound net ...... 26 ...... Bottlenose dolphin, Northern migratory coastal. Bottlenose dolphin, Northern NC estuarine system. Bottlenose dolphin, Southern Migratory coastal.1

CATEGORY III

Gillnet Fisheries: Caribbean gillnet ...... >991 ...... None documented. in the most recent five years of data. DE River inshore gillnet ...... unknown ...... None documented. in the most recent five years of data. Long Island Sound inshore gillnet ...... unknown ...... None documented. in the most recent five years of data. RI, southern MA (to Monomoy Island), and NY Bight unknown ...... None documented. in the most recent five years of data. (Raritan and Lower NY Bays) inshore gillnet. Southeast Atlantic inshore gillnet ...... unknown ...... Bottlenose dolphin, Northern SC estuarine system. Trawl Fisheries: Atlantic shellfish bottom trawl ...... >58 ...... None documented. Gulf of Mexico butterfish trawl ...... 2 ...... Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, Northern GMX continental shelf. Gulf of Mexico mixed species trawl ...... 20 ...... None documented. GA cannonball jellyfish trawl ...... 1 ...... Bottlenose dolphin, SC/GA coastal. Marine Aquaculture Fisheries: Finfish aquaculture ...... 48 ...... Harbor seal, WNA. Shellfish aquaculture ...... unknown ...... None documented. Purse Seine Fisheries: Gulf of Maine Atlantic herring purse seine ...... >7 ...... Harbor seal, WNA. Gulf of Maine menhaden purse seine ...... >2 ...... None documented. FL West Coast sardine purse seine ...... 10 ...... Bottlenose dolphin, Eastern GMX coastal. U.S. Atlantic tuna purse seine * ...... 5 ...... None documented in most recent five years of data. Longline/Hook-and-Line Fisheries: Northeast/Mid-Atlantic bottom longline/hook-and-line ...... >1,207 ...... None documented. Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish 2,846 ...... Bottlenose dolphin, WNA offshore. hook-and-line/harpoon. Humpback whale, Gulf of Maine. Southeastern U.S. Atlantic, Gulf of Mexico, and Carib- >5,000 ...... Bottlenose dolphin, GMX continental shelf. bean snapper-grouper and other reef fish bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico shark bottom 39 ...... Bottlenose dolphin, Eastern GMX coastal. longline/hook-and-line. Bottlenose dolphin, Northern GMX continental shelf. Southeastern U.S. Atlantic, Gulf of Mexico, and Carib- 680 ...... None documented. bean pelagic hook-and-line/harpoon. U.S. Atlantic, Gulf of Mexico trotline ...... unknown ...... None documented. Trap/Pot Fisheries: Caribbean mixed species trap/pot ...... >501 ...... None documented. Caribbean spiny lobster trap/pot ...... >197 ...... None documented. FL spiny lobster trap/pot ...... 1,268 ...... Bottlenose dolphin, Biscayne Bay estuarine. Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, FL Bay estuarine. Bottlenose dolphin, FL Keys. Gulf of Mexico blue crab trap/pot ...... 4,113 ...... Bottlenose dolphin, Barataria Bay. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX bay, sound, estuarine. Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay Boudreau. Bottlenose dolphin, Mobile Bay, Bonsecour Bay. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Western GMX coastal. West Indian manatee, FL. Gulf of Mexico mixed species trap/pot ...... unknown ...... None documented.

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TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued

Estimated number Marine mammal species and/or stocks Fishery description of vessels/persons incidentally killed or injured

Southeastern U.S. Atlantic, Gulf of Mexico golden crab 10 ...... None documented. trap/pot. U.S. Mid-Atlantic eel trap/pot ...... unknown ...... None documented. Stop Seine/Weir/Pound Net/Floating Trap/Fyke Net Fish- eries: Gulf of Maine herring and Atlantic mackerel stop seine/ >1 ...... Harbor porpoise, GME/BF. weir. Harbor seal, WNA. Minke whale, Canadian east coast. Atlantic white-sided dolphin, WNA. U.S. Mid-Atlantic crab stop seine/weir ...... 2,600 ...... None documented. U.S. Mid-Atlantic mixed species stop seine/weir/pound unknown ...... Bottlenose dolphin, Northern NC estuarine system. net (except the NC roe mullet stop net). RI floating trap ...... 9 ...... None documented. Northeast and Mid-Atlantic fyke net ...... unknown ...... None documented. Dredge Fisheries: Gulf of Maine sea urchin dredge ...... unknown ...... None documented. Gulf of Maine mussel dredge ...... unknown ...... None documented. Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge ...... >403 ...... None documented. Mid-Atlantic blue crab dredge ...... unknown ...... None documented. Mid-Atlantic soft-shell clam dredge ...... unknown ...... None documented. Mid-Atlantic whelk dredge ...... unknown ...... None documented. U.S. Mid-Atlantic/Gulf of Mexico oyster dredge ...... 7,000 ...... None documented. New England and Mid-Atlantic offshore surf clam/qua- unknown ...... None documented. hog dredge. Haul/Beach Seine Fisheries: Caribbean haul/beach seine ...... 15 ...... None documented in the most recent five years of data. Gulf of Mexico haul/beach seine ...... unknown ...... None documented. Southeastern U.S. Atlantic haul/beach seine ...... 25 ...... None documented. Dive, Hand/Mechanical Collection Fisheries: Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, 20,000 ...... None documented. hand/mechanical collection. Gulf of Maine urchin dive, hand/mechanical collection .... unknown ...... None documented. Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and unknown ...... None documented. Caribbean cast net. Commercial Passenger Fishing Vessel (Charter Boat) Fish- eries: Atlantic Ocean, Gulf of Mexico, Caribbean commercial 4,000 ...... Bottlenose dolphin, Barataria Bay estuarine system. passenger fishing vessel. Bottlenose dolphin, Biscayne Bay estuarine. Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Choctawhatchee Bay. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, FL Bay. Bottlenose dolphin, GMX bay, sound, estuarine. Bottlenose dolphin, Indian River Lagoon estuarine system. Bottlenose dolphin, Jacksonville estuarine system. Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay Boudreau. Bottlenose dolphin, Northern FL coastal. Bottlenose dolphin, Northern GA/Southern SC estuarine. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Northern migratory coastal. Bottlenose dolphin, Northern NC estuarine. Bottlenose dolphin, Southern migratory coastal. Bottlenose dolphin, Southern NC estuarine system. Bottlenose dolphin, SC/GA coastal. Bottlenose dolphin, Western GMX coastal. Short-finned pilot whale, WNA. List of Abbreviations and Symbols Used in Table 2: DE—Delaware; FL—Florida; GA—Georgia; GME/BF—Gulf of Maine/Bay of Fundy; GMX—Gulf of Mexico; MA—Massachusetts; NC—North Carolina; NY—New York; RI—Rhode Island; SC—South Carolina; VA—Virginia; WNA—Western North Atlantic; 1 Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock’s PBR; 2 Fishery classified by analogy; * Fishery has an associated high seas component listed in Table 3.

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TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS

Number of Fishery description HSFCA Marine mammal species and/or stocks permits incidentally killed or injured

Category I

Longline Fisheries: Atlantic Highly Migratory Species * ...... 53 Atlantic spotted dolphin, WNA. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Cuvier’s beaked whale, WNA. False killer whale, WNA. Killer whale, GMX oceanic. Kogia spp. whale (Pygmy or dwarf sperm whale), WNA. Long-finned pilot whale, WNA. Mesoplodon beaked whale, WNA. Minke whale, Canadian East coast. Pantropical spotted dolphin, WNA. Risso’s dolphin, GMX. Risso’s dolphin, WNA. Short-finned pilot whale, WNA. Western Pacific Pelagic (HI Deep-set component) * ∧ ...... 145 Bottlenose dolphin, HI Pelagic. False killer whale, HI Pelagic. Humpback whale, Central North Pacific. Kogia spp. (Pygmy or dwarf sperm whale), HI. Pygmy killer whale, HI. Risso’s dolphin, HI. Short-finned pilot whale, HI. Striped dolphin, HI.

Category II

Drift Gillnet Fisheries: Pacific Highly Migratory Species * ∧ ...... 5 Long-beaked common dolphin, CA. Humpback whale, CA/OR/WA. Northern right-whale dolphin, CA/OR/WA. Pacific white-sided dolphin, CA/OR/WA. Risso’s dolphin, CA/OR/WA. Short-beaked common dolphin, CA/OR/WA. Trawl Fisheries: Atlantic Highly Migratory Species ** ...... 1 No information. CCAMLR ...... 0 Antarctic fur seal. Purse Seine Fisheries: South Pacific Tuna Fisheries ...... 33 No information. Western Pacific Pelagic ...... 1 No information. Longline Fisheries: CCAMLR ...... 0 None documented. South Pacific Albacore Troll ...... 6 No information. South Pacific Tuna Fisheries ** ...... 2 No information. Western Pacific Pelagic (HI Shallow-set component) * ∧ .... 18 Blainville’s beaked whale, HI. Bottlenose dolphin, HI Pelagic. False killer whale, HI Pelagic. Fin whale, HI. Guadalupe fur seal. Humpback whale, Central North Pacific. Mesoplodon sp., unknown. Northern elephant seal, CA breeding. Risso’s dolphin, HI. Rough-toothed dolphin, HI. Short-beaked common dolphin, CA/OR/WA. Striped dolphin, HI. Handline/Pole And Line Fisheries: Atlantic Highly Migratory Species ...... 2 No information. Pacific Highly Migratory Species ...... 41 No information. South Pacific Albacore Troll ...... 11 No information. Western Pacific Pelagic ...... 5 No information. Troll Fisheries: Atlantic Highly Migratory Species ...... 0 No information. South Pacific Albacore Troll ...... 17 No information. South Pacific Tuna Fisheries ** ...... 1 No information. Western Pacific Pelagic ...... 5 No information.

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TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued

Number of Fishery description HSFCA Marine mammal species and/or stocks permits incidentally killed or injured

Category III

Longline Fisheries: Northwest Atlantic Bottom Longline ...... 3 None documented. Pacific Highly Migratory Species ...... 108 None documented. in the most recent 5 years of data. Purse Seine Fisheries: Pacific Highly Migratory Species * ∧ ...... 5 None documented. Trawl Fisheries: Northwest Atlantic ...... 4 None documented. Troll Fisheries: Pacific Highly Migratory Species * ...... 119 None documented. List of Terms, Abbreviations, and Symbols Used in Table 3: CA—California; GMX—Gulf of Mexico; HI—Hawaii; OR—Oregon; WA—Washington; WNA—Western North Atlantic. * Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2. The number of permits listed in Table 3 represents only the number of permits for the high seas component of the fishery. ** These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty license (in the case of the South Pacific Tuna fisheries). Because HSFCA permits are valid for 5 years, permits obtained in past years exist in the HSFCA permit database for gear types that are now unauthorized. Therefore, while HSFCA permits exist for these gear types, it does not represent effort. In order to land fish species, fishers must be using an authorized gear type. Once these permits for unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear type. ∧ The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of marine mammal species and/or stocks killed or injured in U.S. waters component of the fishery, minus species and/or stocks that have geographic ranges exclusively in coastal waters, because the marine mammal species and/or stocks are also found on the high seas and the fishery remains the same on both sides of the EEZ boundary. Therefore, the high seas components of these fisheries pose the same risk to marine mammals as the components of these fisheries operating in U.S. waters.

TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS

Take reduction plans Affected fisheries

Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32 Category I Mid-Atlantic gillnet. Northeast/Mid-Atlantic American lobster trap/pot. Northeast sink gillnet. Category II Atlantic blue crab trap/pot. Atlantic mixed species trap/pot. Northeast anchored float gillnet. Northeast drift gillnet. Southeast Atlantic gillnet. Southeastern U.S. Atlantic shark gillnet.* Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.∧ Bottlenose Dolphin Take Reduction Plan...... Category I (BDTRP)—50 CFR 229.35 ...... Mid-Atlantic gillnet. Category II Atlantic blue crab trap/pot. Chesapeake Bay inshore gillnet fishery. Mid-Atlantic haul/beach seine. Mid-Atlantic menhaden purse seine. NC inshore gillnet. NC long haul seine. NC roe mullet stop net. Southeast Atlantic gillnet. Southeastern U.S. Atlantic shark gillnet. Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl.∧ Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.∧ VA pound net. False Killer Whale Take Reduction Plan (FKWTRP)—50 CFR 229.37 .. Category I HI deep-set longline. Category II HI shallow-set longline. Harbor Porpoise Take Reduction Plan...... Category I (HPTRP)—50 CFR 229.33 (New England) and 229.34 (Mid-Atlantic) .... Mid-Atlantic gillnet. Northeast sink gillnet. Pelagic Longline Take Reduction Plan ...... Category I (PLTRP)—50 CFR 229.36 ...... Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline. Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—50 CFR Category II 229.31. CA thresher shark/swordfish drift gillnet (≥14 in mesh).

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TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS—Continued

Take reduction plans Affected fisheries

Atlantic Trawl Gear Take Reduction Team (ATGTRT) ...... Category II Mid-Atlantic bottom trawl. Mid-Atlantic mid-water trawl (including pair trawl). Northeast bottom trawl. Northeast mid-water trawl (including pair trawl). * Only applicable to the portion of the fishery operating in U.S. waters; ∧ Only applicable to the portion of the fishery operating in the Atlantic Ocean.

Classification In accordance with the Companion coastal zone, as specified under section The Chief Counsel for Regulation of Manual for NOAA Administrative Order 307 of the Coastal Zone Management the Department of Commerce has (NAO) 216–6A, NMFS determined that Act. publishing this LOF qualifies to be certified to the Chief Counsel for References Advocacy of the Small Business categorically excluded from further Administration (SBA) at the proposed NEPA review, consistent with categories Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. of activities identified in Categorical Cullins, D.J. McSweeney, E.M. Oelson, rule stage that this rule would not have A.L. Bradford, J. Barlow, D.L. Webster. a significant economic impact on a Exclusion G7 (‘‘Preparation of policy directives, rules, regulations, and False Killer Whales and Fisheries substantial number of small entities. No Interaction in Hawaiian Waters: comments were received on that guidelines of an administrative, Evidence for Sex Bias and Variation certification, and no new information financial, legal, technical, or procedural Among Populations and Social Groups. has been discovered to change that nature, or for which the environmental 2014. Marine Mammal Science 31(2): conclusion. Accordingly, no regulatory effects are too broad, speculative or 579–590. flexibility analysis is required, and none conjectural to lend themselves to Carretta, J.V., K.A. Forney, E.M. Oleson, D.W. has been prepared. meaningful analysis and will be subject Weller, A.R. Lang, J. Baker, M.M. Muto, This rule contains existing collection- later to the NEPA process, either B. Hanson, A.J. Orr, H. Huber, M.S. collectively or on a case-by-case basis’’) Lowry, J. Barlow, J.E. Moore, D. Lynch, of-information (COI) requirements L. Carswell, and R.L. Brownell Jr. 2019. subject to the Paperwork Reduction Act of the Companion Manual for NAO 216– U.S. Pacific Marine Mammal Stock and would not impose additional or 6A, and we have not identified any Assessments: 2018. NOAA Technical new COI requirements. The COI for the extraordinary circumstances listed in Memorandum NOAA–TM–NMFS– registration of individuals under the Chapter 4 of the Companion Manual SWFSC–617. 382 p. MMPA has been approved by the Office that would preclude application of this Carretta, J.V., E. Oleson, K.A. Forney, J. of Management and Budget (OMB) categorical exclusion. If NMFS takes a Baker, J.E. Moore, D.W. Weller, A.R. under OMB control number 0648–0293 management action, for example, Lang, M.M. Muto, B. Hanson, A.J. Orr, H. through the development of a TRP, Huber, M.S. Lowry, J. Barlow, D. Lynch, (0.15 hours per report for new L. Carswell, and R.L. Brownell Jr. 2018. registrants). The requirement for NMFS would first prepare an U.S. Pacific Marine Mammal Stock reporting marine mammal mortalities or Environmental Impact Statement or Assessments: 2017. NOAA Technical injuries has been approved by OMB Environmental Assessment, as required Memorandum NOAA–TM–NMFS– under OMB control number 0648–0292 under NEPA, specific to that action. SWFSC–602. 161 p. (0.15 hours per report). These estimates This rule would not affect species Delean, B.J., V.T. Helker, M. M. Muto, K. include the time for reviewing listed as threatened or endangered Savage, S. Teerlink, L.A. Jemison, K. instructions, searching existing data under the ESA or their associated Wilkinson, and J. Jannot. In press. critical habitat. The impacts of Human-caused mortality and injury of sources, gathering and maintaining the NMFS-managed Alaska marine mammal data needed, and completing and numerous fisheries have been analyzed stocks, 2013–2017. U.S. Department of reviewing the COI. Send comments in various biological opinions, and this Commerce, NOAA Tech. Memo. regarding these reporting burden rule will not affect the conclusions of NMFSAFSC–XXX, XX p. estimates or any other aspect of the COI, those opinions. The classification of Hayes, S.A., E. Josephson, K. Maze-Foley, including suggestions for reducing fisheries on the LOF is not considered and P.E. Rosel, editors. 2019. U.S. burden, to NMFS and OMB (see to be a management action that would Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2018. ADDRESSES and SUPPLEMENTARY adversely affect threatened or endangered species. If NMFS takes a NOAA Technical Memorandum NOAA INFORMATION). Technical Memorandum NMFS–NE–258. Notwithstanding any other provision management action, for example, 306 p. of law, no person is required to respond through the development of a TRP, Henry A., M. Garron, A. Reid, D. Morin, W. to, nor shall a person be subject to a NMFS would consult under ESA section Ledwell, T.C.N. Cole. 2019. Serious penalty for failure to comply with a COI, 7 on that action. injury and mortality determinations for subject to the requirements of the This rule would have no adverse baleen whale stocks along the Gulf of Paperwork Reduction Act, unless that impacts on marine mammals, and may Mexico, United States East Coast, and COI displays a currently valid OMB have a positive impact on marine Atlantic Canadian Provinces, 2012–2016. control number. mammals by improving knowledge of U.S. Department of Commerce, Northeast This rule has been determined to be marine mammals and the fisheries Fish Sci Cent Ref Doc. 19–13; 54 p. interacting with marine mammals, Jannot, J.E., K.A. Somers, V. Tuttle, J. not significant for the purposes of McVeigh, J.V. Carretta, and V. Helker. Executive Orders 12866 and 13563. through information collected from 2018. Observed and Estimated Marine This rule is not expected to be an observer programs, stranding and Mammal Bycatch in U.S. West Coast Executive Order 13771 regulatory action sighting data, or take reduction teams. Groundfish Fisheries, 2002–16. U.S. because this rule is not significant under This rule would not affect the land or Department of Commerce, NWFSC Executive Order 12866. water uses or natural resources of the Processed Report 2018–03. 45 p. https://

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doi.org/10.25923/fkf8-0x49 U.S. Fish and missing and what are the costs? https:// Authority: MMPA, 16 U.S.C. 1361 et seq. Wildlife Service (USFWS). 2014. West www.mmc.gov/wp-content/uploads/ Dated: March 30, 2020. Indian Manatee (Trichechus manatus)— SARs-2018-update.pdf. Florida stock assessment report. National Marine Fisheries Service West Coast Samuel D. Rauch, III, Jacksonville, FL. 17 p. (Available at Region (NMFS–WCR). 2018. 2017 West Deputy Assistant Administrator for https://www.fws.gov/ecological-services/ Coast Entanglement Summary. 8 p. Regulatory Programs, National Marine es-library/pdfs/West-Indian-Manatee-FL- Fisheries Service. Final-SAR.pdf) (Available at: https:// Marine Mammal Commission (MMC). 2018. www.fisheries.noaa.gov/webdam/ [FR Doc. 2020–06908 Filed 4–15–20; 8:45 am] Stock Assessment Reports: What is download/97058165) BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 85, No. 74

Thursday, April 16, 2020

This section of the FEDERAL REGISTER 2. Email: to GC–33, 1000 Independence Avenue SW. contains notices to the public of the proposed [email protected]. Washington, DC 20585–0121. issuance of rules and regulations. The Include docket number EERE–2019–BT– Telephone: (202) 586–5827. Email: purpose of these notices is to give interested TP–0032 and/or RIN 1904–AE77 in the [email protected]. persons an opportunity to participate in the subject line of the message. For further information on how to rule making prior to the adoption of the final 3. Postal Mail: Appliance and submit a comment or review other rules. Equipment Standards Program, U.S. public comments and the docket, Department of Energy, Building contact the Appliance and Equipment DEPARTMENT OF ENERGY Technologies Office, Mailstop EE–5B, Standards Program staff at (202) 287– 1000 Independence Avenue SW, 1445 or by email: 10 CFR Part 430 and 431 Washington, DC 20585–0121. ApplianceStandardsQuestions@ Telephone: (202) 287–1445. If possible, ee.doe.gov. [EERE–2019–BT–TP–0032] please submit all items on a compact SUPPLEMENTARY INFORMATION: RIN 1904–AE77 disc (CD), in which case it is not necessary to include printed copies. Table of Contents Energy Conservation Program: Test 4. Hand Delivery/Courier: Appliance I. Introduction Procedures for Consumer Water and Equipment Standards Program, U.S. A. Authority and Background Heaters and Residential-Duty Department of Energy, Building B. Rulemaking History Commercial Water Heaters Technologies Office, 950 L’Enfant Plaza II. Request for Information SW, Suite 600, Washington, DC 20024. A. Scope and Definitions AGENCY: Office of Energy Efficiency and Telephone: (202) 287–1445. If possible, B. Test Procedure Renewable Energy, Department of please submit all items on a CD, in 1. Updates to Industry Standards Energy. which case it is not necessary to include 2. Other Potential Updates to the Federal Test Method ACTION: Request for information. printed copies. C. Test Procedure Waivers No telefacsimilies (faxes) will be D. Other Test Procedure Topics SUMMARY: The U.S. Department of accepted. For detailed instructions on III. Submission of Comments Energy (DOE) is initiating a data submitting comments and additional collection process through this request information on this process, see section I. Introduction for information (RFI) to consider III of this document. Consumer water heaters are included whether to amend DOE’s test procedure Docket: The docket for this activity, in the list of ‘‘covered products’’ for for consumer water heaters and which includes Federal Register which DOE is authorized to establish residential-duty commercial water notices, comments, and other and amend energy conservation heaters. Specifically, DOE seeks data supporting documents/materials, is standards and test procedures. (42 and information pertinent to whether available for review at http:// U.S.C. 6292(a)(4)) DOE’s test procedures amended test procedures would more www.regulations.gov. All documents in for consumer water heaters are accurately or fully comply with the the docket are listed in the http:// prescribed at Title 10 of the Code of requirement that the test procedure www.regulations.gov index. However, Federal Regulations (CFR) Part 430, produces results that measure energy some documents listed in the index, Subpart B, Appendix E (Appendix E). use during a representative average use such as those containing information As discussed below, residential-duty cycle for the product, and not be unduly that is exempt from public disclosure, commercial water heaters, for which burdensome to conduct. DOE welcomes may not be publicly available. DOE is also authorized to establish and written comments from the public on The docket web page can be found at: amend energy conservation standards any subject within the scope of this https://www.regulations.gov/docket? and test procedures (42 U.S.C. 6311(k)), document (including topics not raised D=EERE–2019–BT–TP–0032. The docket also must be tested according to in this RFI), as well as the submission web page contains instructions on how Appendix E. (See 42 U.S.C. of data and other relevant information. to access all documents, including 6295(e)(6)(H)) The following sections DATES: Written comments and public comments, in the docket. See discuss DOE’s authority to establish and information are requested and will be section III for information on how to amend test procedures for consumer accepted on or before June 1, 2020 submit comments through http:// water heaters and residential-duty ADDRESSES: Interested persons are www.regulations.gov. commercial water heaters, as well as encouraged to submit comments using FOR FURTHER INFORMATION CONTACT: Ms. relevant background information the Federal eRulemaking Portal at Catherine Rivest, U.S. Department of regarding DOE’s consideration of test http://www.regulations.gov. Follow the Energy, Office of Energy Efficiency and procedures for this product and instructions for submitting comments. Renewable Energy, Building equipment. Alternatively, interested persons may Technologies Office, EE–5B, 1000 A. Authority and Background submit comments, identified by docket Independence Avenue SW, Washington, number EERE–2019–BT–TP–0032 and/ The Energy Policy and Conservation DC 20585–0121. Telephone: (202) 586– 1 or RIN 1904–AE77, by any of the 7335. Email: Act, as amended (EPCA), among other following methods: ApplianceStandardsQuestions@ 1 All references to EPCA in this document refer 1. Federal eRulemaking Portal: http:// ee.doe.gov. to the statute as amended through America’s Water www.regulations.gov. Follow the Mr. Eric Stas, U.S. Department of Infrastructure Act of 2018, Public Law 115–270 instructions for submitting comments. Energy, Office of the General Counsel, (Oct. 23, 2018).

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things, authorizes DOE to regulate the U.S.C. 6296; 42 U.S.C. 6316(a)–(b)), and equipment 4 within one year of the energy efficiency of a number of (2) making representations about the enactment of AEMTCA. (42 U.S.C. consumer products and certain efficiency of those products (42 U.S.C. 6295(e)(6)(B)-(C)) The uniform industrial equipment. (42 U.S.C. 6291– 6293(c); 42 U.S.C. 6314(d)). Similarly, efficiency descriptor and accompanying 6317) Title III, Part B 2 of EPCA, Public DOE must use these test procedures to test method were required to apply, to Law 94–163 (42 U.S.C. 6291–6309, as determine whether the products comply the maximum extent practicable, to all codified), established the Energy with relevant standards promulgated water-heating technologies in use at the Conservation Program for Consumer under EPCA. (42 U.S.C. 6295(s)) time and to future water-heating Products Other Than Automobiles, Under 42 U.S.C. 6293, the statute sets technologies, but could exclude specific which sets forth a variety of provisions forth the criteria and procedures DOE categories of covered water heaters that designed to improve energy efficiency. must follow when prescribing or do not have residential uses, can be These products include consumer water amending test procedures for covered clearly described, and are effectively heaters, the subject of this RFI. (42 products. Specifically, EPCA requires rated using the TE and SL descriptors. U.S.C. 6292(a)(4)) Title III, Part C 3 of that any test procedures prescribed or (42 U.S.C. 6295(e)(6)(F) and (H)) In EPCA, Public Law 94–163 (42 U.S.C. amended shall be reasonably designed addition, beginning one year after the 6311–6317, as codified), added by to produce test results which measure date of publication of DOE’s final rule Public Law 95–619, Title IV, section energy efficiency, energy use, or establishing the uniform descriptor, the 441(a), established the Energy estimated annual operating cost of a efficiency standards for covered water Conservation Program for Certain covered product during a representative heaters were required to be Industrial Equipment, which again sets average use cycle or period of use and denominated according to the uniform forth a variety of provisions designed to not be unduly burdensome to conduct. efficiency descriptor established in the final rule (42 U.S.C. 6295(e)(6)(D)); and improve energy efficiency. This (42 U.S.C. 6293(b)(3)) Under 42 U.S.C. for affected covered water heaters tested equipment includes commercial water 6314, the statute sets forth the criteria prior to the effective date of the test heaters, which are also the subject of and procedures DOE must follow when procedure final rule, DOE was required this RFI. (42 U.S.C. 6311(1)(k)) prescribing or amending test procedures to develop a mathematical factor for The energy conservation program for covered equipment, reciting similar converting the measurement of their under EPCA consists essentially of four requirements at 42 U.S.C. 6314(a)(2). parts: (1) Testing, (2) labeling, (3) energy efficiency from the EF, TE, and Federal energy conservation standards, If DOE determines that a test SL metrics to the new uniform energy and (4) certification and enforcement procedure amendment is warranted, it descriptor. (42 U.S.C. 6295(e)(6)(E)(i)– procedures. Relevant provisions of must publish proposed test procedures (ii)) EPCA specifically include definitions in the Federal Register and offer the The Energy Efficiency Improvement (42 U.S.C. 6291; 42 U.S.C. 6311), energy public an opportunity to present oral Act of 2015 (EEIA 2015), Public Law conservation standards (42 U.S.C. 6295; and written comments on them. (42 114–11, was enacted on April 30, 2015. 42 U.S.C. 6313), test procedures (42 U.S.C. 6293(b)(2); 42 U.S.C. 6314(b)) The EEIA 2015 amended EPCA, in U.S.C. 6293; 42 U.S.C. 6314), labeling In addition, the Energy Independence relevant part, by adding definitions for provisions (42 U.S.C. 6294; 42 U.S.C. and Security Act of 2007 (EISA 2007) ‘‘grid-enabled water heater’’ and 6315), and the authority to require amended EPCA to require that DOE ‘‘activation lock’’ at 42 U.S.C. information and reports from amend its test procedures for all covered 6295(e)(5)(A). These products are manufacturers (42 U.S.C. 6296; 42 consumer products to integrate intended for use as part of an electric U.S.C. 6316). measures of standby mode and off mode thermal storage or demand response Federal energy efficiency energy consumption into the overall program. Among the criteria that define requirements for covered products and energy efficiency, energy consumption, ‘‘grid-enabled water heaters’’ is an covered equipment established under or other energy descriptor, taking into energy-related performance standard EPCA generally supersede State laws consideration the most current versions that is either an EF specified by a and regulations concerning energy of Standards 62301 and 62087 of the formula set forth in the statute, or an conservation testing, labeling, and International Electrotechnical equivalent alternative standard that standards. (42 U.S.C. 6297(a)–(c); 42 Commission (IEC), unless the current DOE may prescribe. (42 U.S.C. U.S.C. 6316(a) and (b)) DOE may, test procedure already incorporates the standby mode and off mode energy 4 The initial thermal efficiency and standby loss however, grant waivers of Federal test procedures for commercial water heating preemption in limited circumstances for consumption, or if such integration is equipment (including residential-duty commercial particular State laws or regulations, in technically infeasible. (42 U.S.C. water heaters) were added to EPCA by the Energy accordance with the procedures and 6295(gg)(2)(A)) If an integrated test Policy Act of 1992 (EPACT 1992), Public Law 102– 486, and corresponded to those referenced in the other provisions of EPCA. (42 U.S.C. procedure is technically infeasible, DOE American Society of Heating, Refrigerating and Air- 6297(d); 42 U.S.C. 6316(a); 42 U.S.C. must prescribe separate standby mode Conditioning Engineers (ASHRAE) and Illuminating 6316(b)(2)(D)) and off mode energy use test procedures Engineering Society of North America (IESNA) The Federal testing requirements for the covered product, if a separate Standard 90.1–1989 (i.e., ASHRAE Standard 90.1– 1989). (42 U.S.C. 6314(a)(4)(A)) DOE subsequently consist of test procedures that test is technically feasible. (Id.) updated the commercial water heating equipment manufacturers of covered products and The American Energy Manufacturing test procedures on two separate occasions—once in commercial equipment must use as the a direct final rule published on October 21, 2004, Technical Corrections Act (AEMTCA), and again in a final rule published on May 16, 2012 basis for: (1) Certifying to DOE that their Public Law 112–210, further amended (77 FR 28928). These rules incorporated by products comply with the applicable EPCA to require that DOE establish a reference certain sections of the latest versions of energy conservation standards adopted uniform efficiency descriptor and American National Standards Institute (ANSI) pursuant to EPCA (42 U.S.C. 6295(s); 42 Standard Z21.10.3, Gas Water Heaters, Volume III, accompanying test methods to replace Storage Water Heaters with Input Ratings Above the energy factor (EF) metric for covered 75,000 Btu Per Hour, Circulating and 2 For editorial reasons, upon codification in the consumer water heaters and the thermal Instantaneous, available at the time (i.e., ANSI U.S. Code, Part B was redesignated Part A. efficiency (TE) and standby loss (SL) Z21.10.3–1998 and ANSI Z21.10.3–2011, 3 For editorial reasons, upon codification in the respectively). 69 FR 61974, 61983 (Oct. 21, 2004) U.S. Code, Part C was redesignated Part A–1. metrics for commercial water-heating and 77 FR 28928, 28996 (May 16, 2012).

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6295(e)(5)(A)(III)(aa) and (bb)) In B. Rulemaking History rule). 63 FR 25996; 63 FR 38737; 66 FR addition, the EEIA 2015 amendments to As stated, DOE’s current test 4474. The May 1998 final rule revised EPCA also directed DOE to require procedure for consumer water heaters the FHR test to more accurately test reporting on shipments and activations appears at Appendix E. large storage-type water heaters and of grid-enabled water heaters and to DOE first established consumer water updated the testing for electric and gas- establish procedures, if appropriate, to heater test procedures in a final rule fired instantaneous water heaters from prevent product diversion for non- published in the Federal Register on the FHR test to the maximum gallons program purposes. (42 U.S.C. October 4, 1977. 42 FR 54110. These per minute (max GPM) test. The July 6295(e)(5)(C)-(D)) original procedures coupled laboratory 1998 final rule was a technical correction that added figures to the test EPCA also requires that, at least once tests with calculations to obtain procedure, and the January 2001 final every 7 years, DOE evaluate test estimates of energy efficiency for rule added a definition for ‘‘tabletop procedures for each type of covered storage-type electric, gas-fired, and oil- fired water heaters. The laboratory tests water heater’’ to the test procedure. product and covered equipment, As discussed, the EISA 2007 consisted of a cold start ‘‘recovery including consumer water heaters and amendments to EPCA required DOE to efficiency test,’’ which measured the the commercial water heaters that are amend its test procedures for all covered the subject of this RFI, to determine ability of a water heater to heat cold consumer products to include the whether amended test procedures water, and a ‘‘standby loss test,’’ which measurement of standby mode and off would more accurately or fully comply measured the energy loss of a water mode energy consumption, unless the with the requirements for the test heater when not providing heated water. current test procedure already procedures to not be unduly Id. at 54118. Recovery efficiency and incorporates the standby mode and off burdensome to conduct and be percent standby loss were mode energy consumption, or if such reasonably designed to produce test mathematically combined to obtain an integration is technically infeasible. (42 results that reflect energy efficiency, energy factor (EF), the overall measure U.S.C. 6295(gg)(2)(A)) On December 17, energy use, and estimated operating of water heater efficiency. Id. at 54116. 2012, DOE published a final rule that costs during a representative average The original procedures also included concluded that no modifications were use cycle (or additionally, period of use calculations for determining the average needed to the consumer water heater for consumer products). (42 U.S.C. daily energy consumption and annual test procedure to account for standby 6293(b)(1)(A); 42 U.S.C. 6314(a)) If the operating costs. Id. at 54116, 54119. mode and off mode energy Secretary determines, on his own behalf On October 19, 1978, DOE published consumption, as the existing test or in response to a petition by any a final rule to amend the consumer procedure already accounted for those interested person, that a test procedure water heater test procedures to correct modes of energy consumption. 77 FR should be prescribed or amended, the for an error in the derivation of EF. The 74559. Secretary shall promptly publish in the correction specified that the useful Pursuant to the requirements of the Federal Register proposed test output (i.e., the numerator in EF AEMTCA amendments to EPCA procedures and afford interested equation) shall be the ‘‘daily hot water discussed previously, DOE updated the persons an opportunity to present oral energy consumption,’’ a new term consumer water heater test procedure and written data, views, and arguments which was defined in this rule. 43 FR through a final rule published on July with respect to such procedures. The 48986. 11, 2014 (July 2014 final rule). 79 FR comment period on a proposed rule to DOE amended the consumer water 40542. The July 2014 final rule amend a test procedure for consumer heater test procedures in a final rule established a uniform energy descriptor products shall be at least 60 days 5 and published on September 7, 1979, to (i.e., UEF) for all consumer water may not exceed 270 days. In prescribing prescribe a measure of a water heater’s heaters and for commercial water or amending a test procedure, the useful capacity, which DOE called first- heaters with consumer applications (i.e., Secretary shall take into account such hour rating (FHR). The FHR was defined those commercial water heaters that met information as the Secretary determines as the maximum hourly demand which the newly established definition of a relevant to such procedure, including could be met by the water heater. 44 FR ‘‘residential-duty commercial water technological developments relating to 52632. heater’’; extended coverage to eliminate energy use or energy efficiency of the On October 17, 1990, DOE published certain gaps in the previous version of type (or class) of covered products a final rule further updating the the consumer water heater test involved. (42 U.S.C. 6293(b)(2)) If DOE consumer water heater test procedure. procedure including small-volume determines that test procedure revisions 55 FR 42162. This final rule extended storage water heaters (i.e., with storage are not appropriate, DOE must publish coverage to heat pump water heaters volumes between 2 and 20 gallons), in the Federal Register its and instantaneous-type water heaters; large volume water heaters (i.e., greater determination not to amend the test revised the test procedure to allow for than 100 gallons for gas-fired and oil- procedures. (42 U.S.C. 6293(b)(1)(A); 42 a single test for all types of water fired storage water heaters and greater U.S.C. 6314(a)(1)(A)(ii)) DOE is heaters, establishing a simulated-use than 120 gallons for electric storage publishing this RFI to collect data and test that included a six-hour draw test; water heaters), and electric information to inform its decision in and revised the FHR test from a instantaneous water heaters; updated satisfaction of the 7-year-lookback calculated estimate to a direct the simulated-use test draw pattern to review requirement specified in EPCA. measurement to more accurately be a function of equipment capacity as determine a water heater’s ability to measured by the FHR or max GPM test; 5 For covered equipment, if the Secretary supply hot water. and updated the outlet water determines that a test procedure amendment is DOE further amended the consumer temperature test condition requirement. warranted, the Secretary must publish proposed test water heater test procedure by final As indicated, the uniform energy procedures in the Federal Register, and afford rules published in the Federal Register descriptor and the consumer water interested persons an opportunity (of not less than 45 days’ duration) to present oral and written data, on May 11, 1998 (May 1998 final rule), heater test procedure apply to views, and arguments on the proposed test July 20, 1998 (July 1998 final rule), and ‘‘residential-duty commercial water procedures. (42 U.S.C. 6314(b)) January 17, 2001 (January 2001 final heaters,’’ which were initially defined

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in the July 2014 final rule and include II. Request for Information burdensome to conduct, and, therefore, commercial water heaters with In the following sections, DOE has does not need amendment. DOE also consumer applications. 79 FR 40542, identified a variety of issues on which seeks information on whether an 40586; 10 CFR 431.106(b)(1) and 10 CFR it seeks input to aid in the development existing private-sector-developed test 431.110(b). DOE later amended the of the technical and economic analyses procedure would produce such results definition of a ‘‘residential-duty regarding whether amended test and should be adopted by DOE rather commercial water heater’’ in a final rule procedures for consumer water heaters than DOE establishing its own test published on November 10, 2016, to and residential-duty commercial water procedure, either entirely or by adopting define such equipment as any gas-fired heaters are warranted so as to more only certain provisions of one or more storage, oil-fired storage, or electric accurately or fully comply with the private-sector-developed tests. instantaneous commercial water heater requirements in EPCA that test Additionally, DOE welcomes that meets the following conditions: (1) procedures: (1) Be reasonably designed comments on other issues relevant to For models requiring electricity, uses to produce test results which reflect the conduct of this process that may not single-phase external power supply; (2) energy efficiency, energy use, or specifically be identified elsewhere in Is not designed to provide outlet hot estimated annual operating cost during this document. In particular, DOE notes water at temperatures greater than that under section 1 of Executive Order ° a representative average use cycle or 180 F; and (3) Does not meet any of the period of use, and (2) not be unduly 13771, ‘‘Reducing Regulation and following criteria: burdensome to conduct. (42 U.S.C. Controlling Regulatory Costs,’’ 6293(b)(3); 42 U.S.C. 6314(a)(2)) Executive Branch agencies such as DOE Water heater Indicator of non-residential are directed to manage the costs type application Specifically, DOE is requesting comment on any opportunities to associated with the imposition of expenditures required to comply with Gas-fired Stor- Rated input >105 kBtu/h; streamline and simplify testing age. Rated storage volume requirements for consumer water Federal regulations. See 82 FR 9339 >120 gallons. heaters and residential-duty commercial (Feb. 3, 2017). Consistent with that Oil-fired Stor- Rated input >140 kBtu/h; water heaters. Executive Order, DOE encourages the age. Rated storage volume Further, the Department recently public to provide input on measures >120 gallons. published an RFI regarding test DOE could take to lower the cost of its Electric Instan- Rated input >58.6 kW; procedures across the full range of test procedure regulations applicable to taneous. Rated storage volume >2 consumer water heaters and residential- gallons. consumer products and commercial equipment that fall under its regulatory duty commercial water heaters authority pursuant to EPCA. In that RFI, consistent with the requirements of 81 FR 79261, 79321–79322 (Nov. 10, DOE noted that over time, many of EPCA. 2016); 10 CFR 431.102. DOE’s test procedures have been A. Scope and Definitions Pursuant to EEIA 2015, DOE amended to account for products’ and published a final rule on August 11, equipment’s increased functionality and This RFI covers those products that 2015 (August 2015 final rule), which modes of operation. DOE’s intent in meet the definitions for consumer codified the changes required by EEIA issuing that RFI was to gather ‘‘water heater,’’ in the statute at 42 2015. 80 FR 48004. These changes information to ensure that the inclusion U.S.C. 6291(27), as codified at 10 CFR included adding definitions for ‘‘grid- of measurement provisions in its test 430.2. This RFI also covers commercial enabled water heater’’ and ‘‘activation procedures associated with such water heating equipment with lock’’ to 10 CFR 430.2 and adding increased functionality has not residential applications meeting the energy conservation standards with inadvertently compromised the definition of a ‘‘residential-duty levels set in terms of the EF metric, to measurement of representative average commercial water heater,’’ as codified at 10 CFR 430.32(d). Id. at 48009–48010. use cycles or periods of use, and made 10 CFR 431.102. In the context of covered consumer On December 29, 2016, DOE some test procedures unnecessarily products, EPCA defines ‘‘water heater’’ published a final rule (December 2016 burdensome. 84 FR 9721 (March 18, as a product which utilizes oil, gas, or final rule) that denominated the 2019). Although the comment period on electricity to heat potable water for use efficiency standards in terms of the the March 2019 RFI has since closed, outside the heater upon demand, uniform efficiency descriptor (i.e., the DOE seeks comment on this issue as it including— UEF metric) and established specifically pertains to the test mathematical conversion factors to procedure for the consumer water (a) Storage type units which heat and store translate the EF, TE, and SL metrics to heaters and residential-duty commercial water at a thermostatically controlled the UEF metric. 81 FR 96204. The water heaters that are the subject of this temperature, including gas storage water published conversion factors were only current RFI. heaters with an input of 75,000 Btu per hour applicable for converting test results for or less, oil storage water heaters with an DOE seeks comment on whether there input of 105,000 Btu per hour or less, and one year after the publication of the have been changes in product testing electric storage water heaters with an input December 2016 final rule as required by methodology or new products on the of 12 kilowatts or less; EPCA, as amended by AEMTCA. Id. at market since the last test procedure (b) Instantaneous type units which heat 96204, 96204. Therefore, the conversion update that may create the need to make water but contain no more than one gallon factors published to translate previously amendments to the test procedure for of water per 4,000 Btu per hour of input, tested EF, TE, and SL values to consumer water heaters and residential- including gas instantaneous water heaters converted UEF values were removed duty commercial water heaters. with an input of 200,000 Btu per hour or less, from 10 CFR 429.17 on December 29, Specifically, DOE seeks data and oil instantaneous water heaters with an input 2017, at which time all rated UEF values of 210,000 Btu per hour or less, and electric information that could enable the instantaneous water heaters with an input of were to be based on actual testing to the agency to propose that the current test 12 kilowatts or less; and test procedure published in the July procedure produces results that are (c) Heat pump type units, with a maximum 2014 final rule (i.e., to the UEF test representative of an average use cycle current rating of 24 amperes at a voltage no procedure). for the product and is not unduly greater than 250 volts, which are products

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designed to transfer thermal energy from one The definition for ‘‘grid-enabled water Water heater Indicator of non-residential temperature level to a higher temperature heater’’ includes the term ‘‘activation type application level for the purpose of heating water, lock,’’ which is defined to mean a including all ancillary equipment such as control mechanism (either by a physical Gas-fired Stor- Rated input >105 kBtu/h; fans, storage tanks, pumps, or controls device directly on the water heater or a age. Rated storage volume necessary for the device to perform its >120 gallons. function. control system integrated into the water Oil-fired Stor- Rated input >140 kBtu/h; heater) that is locked by default and age. Rated storage volume (42 U.S.C. 6291(27); 10 CFR 430.2) contains a physical, software, or digital In addition, at 10 CFR 430.2, DOE >120 gallons. communication that must be activated Electric Instan- Rated input >58.6 kW; further defines several specific with an activation key to enable the taneous. Rated storage volume >2 categories of consumer water heaters, as product to operate at its designed gallons. follows: specifications and capabilities and (1) ‘‘Electric instantaneous water heater’’ without which the activation of the 10 CFR 431.102. means a water heater that uses electricity as product will provide not greater than 50 Issue A.3: DOE requests comment on the energy source, has a nameplate input percent of the rated first-hour delivery the definition for ‘‘residential-duty rating of 12 kW or less, and contains no more water heater,’’ which are subject to the than one gallon of water per 4,000 Btu per of hot water certified by the manufacturer. 10 CFR 430.2. Appendix E test method for consumer hour of input. water heaters. Please provide the (2) ‘‘Electric storage water heater’’ means a Issue A.1: DOE requests comment on rationale for any suggested changes. water heater that uses electricity as the the definitions currently applicable to energy source, has a nameplate input rating consumer water heaters and whether B. Test Procedure of 12 kW or less, and contains more than one any of the definitions should be revised, DOE’s current test procedure for gallon of water per 4,000 Btu per hour of and if so, how. Please provide a input. consumer water heaters and residential- (3) ‘‘Gas-fired instantaneous water heater’’ rationale for any suggested change. duty commercial water heaters includes means a water heater that uses gas as the DOE had previously established a a storage volume test (if the rated main energy source, has a nameplate input separate product class and definition for storage volume of the water heater is rating less than 200,000 Btu/h, and contains ‘‘tabletop water heater,’’ which was above 2 gallons), a delivery capacity test no more than one gallon of water per 4,000 defined in Appendix E as a water heater (either the FHR or max GPM tests), and Btu per hour of input. in a rectangular box enclosure designed (4) ‘‘Gas-fired storage water heater’’ means a 24-hour simulated-use test. See to slide into a kitchen countertop space sections 5.2.1, 5.3, and 5.4 of Appendix a water heater that uses gas as the main with typical dimensions of 36 inches energy source, has a nameplate input rating E, respectively. The FHR test is of 75,000 Btu/h or less, and contains more high, 25 inches deep, and 24 inches conducted on non-flow-activated water than one gallon of water per 4,000 Btu per wide. 66 FR 4474, 4497 (Jan. 17, 2001). heaters and provides an estimate of the hour of input. The definition for ‘‘tabletop water maximum volume of hot water that a (5) ‘‘Grid-enabled water heater’’ means an heater’’ was removed from Appendix E water heater can supply within an hour. electric resistance water heater that— as part of the July 2014 final rule, and The max GPM test is conducted on (a) Has a rated storage tank volume of more was inadvertently not added to 10 CFR flow-activated water heaters and than 75 gallons; 430.2. 79 FR 40542, 40567–40568 (July represents the maximum flow rate of hot (b) Is manufactured on or after April 16, 11, 2014). However, energy conservation 2015; water that can be supplied by the water (c) Is equipped at the point of manufacture standards for tabletop water heaters are heater while maintaining a nominal with an activation lock and; still specified at 10 CFR 430.32(d). DOE temperature rise during steady-state (d) Bears a permanent label applied by the tentatively plans to consider such operation. The 24-hour simulated-use manufacturer that— products in any rulemaking that would test approximates an actual day of use (i) Is made of material not adversely result from this RFI, including adding for a typical consumer, and it is affected by water; the definition for these products to 10 conducted at one of four possible draw (ii) Is attached by means of non-water- CFR 430.2. patterns (very small, low, medium, and soluble adhesive; and Issue A.2: DOE requests feedback on (iii) Advises purchasers and end-users of high) which are determined from the the intended and appropriate use of the whether the previous definition for results of the delivery capacity test (i.e., product with the following notice printed in ‘‘tabletop water heater’’ is still either the FHR or max GPM test). Draw 16.5 point Arial Narrow Bold font: appropriate, and whether such products patterns are a specified series of draws ‘‘IMPORTANT INFORMATION: This water should continue to be considered for which the draw start time, volume heater is intended only for use as part of an separately from other classes of removed, and flow rate are specified. electric thermal storage or demand response consumer water heaters. The sections below address specific test program. It will not provide adequate hot As stated previously, Appendix E procedure issues on which DOE seeks water unless enrolled in such a program and covers certain commercial water heating activated by your utility company or another comment and information. equipment defined as ‘‘residential-duty program operator. Confirm the availability of 1. Updates to Industry Standards a program in your local area before commercial water heaters’’ as defined at purchasing or installing this product.’’ 10 CFR 431.102. As noted, ‘‘residential- ASHRAE maintains a published water (6) ‘‘Oil-fired instantaneous water heater’’ duty commercial water heater’’ is heater test procedure titled, ‘‘ANSI/ means a water heater that uses oil as the defined as any gas-fired storage, oil-fired ASHRAE Standard 118.2–2006 (RA main energy source, has a nameplate input storage, or electric instantaneous 2015), Method of Testing for Rating rating of 210,000 Btu/h or less, and contains commercial water heater that meets the Residential Water Heaters.’’ The ANSI/ no more than one gallon of water per 4,000 following conditions: (1) For models ASHRAE 118.2–2006 (RA 2015) test Btu per hour of input. requiring electricity, uses single-phase procedure is similar to the DOE test (7) ‘‘Oil-fired storage water heater’’ means procedure that was in effect prior to the a water heater that uses oil as the main external power supply; (2) Is not energy source, has a nameplate input rating designed to provide outlet hot water at July 2014 final rule, although there is no of 105,000 Btu/h or less, and contains more temperatures greater than 180 °F; and (3) direct relationship between the ANSI/ than one gallon of water per 4,000 Btu per Does not meet any of the following ASHRAE and DOE test method (i.e., hour of input. criteria: neither the former nor the current DOE

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consumer water heater test procedure of the FHR test must proceed until the draw, the outlet water temperature include any reference to ANSI/ASHRAE outlet temperature drops 15 °F below reaches a maximum temperature of 125 Standard 118.2). In March 2019, the maximum outlet temperature °F, the water draw would continue until ASHRAE published the second public observed, or until a cut-in occurs, the outlet water temperature drops to review draft of Board of Standards whichever is longer. Requiring the 110 °F, at which time the water draw Review (BSR) ANSI/ASHRAE Standard outlet temperature to drop 15 °F below would be terminated.) ASHRAE Draft 118.2–2006R, ‘‘Method of Testing for the maximum outlet temperature may 118.2 specifies that water draws during Rating Residential Water Heaters and provide a more consistent starting the FHR test terminate if either: (1) The Residential-Duty Commercial Water condition for the FHR test compared to outlet water temperature decreases 15 °F Heaters’’ (ASHRAE Draft 118.2). the pre-conditioning method specified from the maximum outlet water ASHRAE Draft 118.2 is very similar to in the current DOE test procedure since temperature measured during the draw, the DOE consumer water heater test draws of varying lengths can create or (2) the outlet water temperature procedure but includes some differences different internal tank temperature decreases to 105 °F, regardless of the throughout, some of which would result profiles. Thus, the additional maximum outlet water temperature in test procedure results different from requirement to end the pre-conditioning measured during the draw. Setting a the DOE test procedure. While DOE draw, which in some cases would minimum temperature threshold of 105 would only consider incorporation by extend the draw length as compared to °F may contribute to a more reference (IBR) of a finalized version of the current DOE test procedure, could representative result by ensuring that ASHRAE Draft 118.2, DOE is interested increase the repeatability of the FHR the unit provides sufficiently ‘‘hot’’ in receiving comments on the merits of test. However, DOE has found that there water (i.e., representative of what a the draft in anticipation of such a are models on the market with low consumer would expect from a water possibility, or to consider incorporating storage volumes and high input rates heater) throughout the duration of the aspects of the draft into a revised DOE that would be required to be tested to test. DOE could similarly consider test procedure. The differences between the FHR test but that are capable of implementing a minimum delivery ASHRAE Draft 118.2 and the DOE test delivering hot water indefinitely at the temperature as a criterion for procedure are discussed in the conditions specified in the FHR test. terminating water draws during the FHR paragraphs that follow. Such water heaters would never deliver test. an outlet temperature 15 °F below the a. Temperature and Humidity Test Issue B.2: DOE requests feedback on maximum outlet temperature observed. Conditions whether the addition of a minimum Therefore, the FHR test could not start delivery temperature as a criterion for ASHRAE Draft 118.2 replaces the use ° since this criterion of a 15 F drop terminating draws during the FHR test of specified values for inlet water below the outlet temperature, which is appropriate and/or necessary. If a temperature, outlet water temperature, would require a longer period than the minimum delivery temperature criterion ambient temperature, and relative cut-in, would never be met. is appropriate, DOE requests comment humidity with variables used as Issue B.1: DOE requests feedback on and data on whether 105 °F is placeholders. This approach generalizes whether the addition of an outlet sufficiently representative given the test method to be applicable to any temperature drop criterion for consumer expectation, or whether a set of test conditions for these four terminating the water draw prior to the different threshold should be parameters. Consequently, for each start of the FHR test is appropriate and/ considered. DOE also requests individual test, the testing laboratory or necessary. If an outlet temperature information on any potential impact to must decide which specific values to drop criterion is appropriate, DOE the testing burden that would result use for each parameter. The test requests comment and data on whether from a minimum delivery temperature conditions corresponding to DOE’s 15 °F is sufficiently representative, criterion. consumer water heater test procedure given consumer expectation, or whether are provided in an appendix to a different threshold should be b. Definitions, Symbols, and Figures ASHRAE Draft 118.2 for reference only. considered. DOE also requests ASHRAE Draft 118.2 defines ‘‘gas- As such, if DOE were to incorporate a information on any potential impact to fired heat pump storage water heaters,’’ finalized version of ASHRAE Draft the testing burden that would result as water heaters that: 118.2, the Department would need to from an outlet temperature drop specify the test conditions at which to criterion. Further, DOE requests (a) use gas as the main energy source, perform the test. comment on how to address water (b) have a nameplate input rating of ASHRAE Draft 118.2 includes heaters that would not meet both 20,000 Btu/h (26.4 MJ/h) or less, additional criteria to the start of the FHR initiation criteria (i.e., both a cut-in and (c) have a maximum current rating of test, as compared to DOE’s test an outlet temperature drop) due to the 24 amperes (including all auxiliary procedure. Section 5.3.3.3 of Appendix ability to continuously deliver hot water equipment such as fans, pumps, E of the current DOE test procedure at the prescribed test conditions. controls, and, if on the same circuit, any states that prior to the start of the FHR ASHRAE Draft 118.2 includes resistive elements) at an input voltage of test, if the water heater is not operating additional criteria regarding water no greater than 250 volts, (heating water), initiate a draw until cut- draws during the FHR test, as compared (d) have a rated storage volume not in (i.e., when the water heater begins to DOE’s test procedure. The FHR test more than 120 gallons (450 liters), and heating water). The draw is then required in section 5.3.3 of Appendix E (e) are designed to transfer thermal terminated any time after cut-in, and the of the current test procedure specifies a energy from one temperature level to a water heater is allowed to operate until series of water draws over the course of higher temperature level to deliver cut-out (i.e., when the water heater stops one hour. After each water draw is water at a thermostatically controlled heating water). When the maximum initiated, the draw is terminated when temperature less than or equal to 180 °F mean tank temperature is observed after the outlet water temperature decreases (82 °C). cut-out, the initial draw of the FHR test 15 °F from the maximum outlet water The current DOE test method does not begins. ASHRAE Draft 118.2 specifies temperature measured during the draw. define the term ‘‘gas-fired heat pump that the draw preceding the initial draw (For example, if after initiating a water storage water heater.’’

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Issue B.3: DOE requests feedback on illustrating how to set up a water heater temperatures after cut-out 7 following the need for creating a separate for test. For example, a purge (by-pass) the first draw cluster to the start of the definition for ‘‘gas-fired heat pump loop is added to the inlet water line in second draw cluster is greater than or storage water heater,’’ or whether the all figures. Additional figures include a equal to 6 hours. Otherwise, ASHRAE current DOE definitions in 10 CFR 430.2 test set-up for an instantaneous water Draft 118.2 states that the standby for ‘‘gas-fired storage water heater’’ and heater with connections on the top, a period data would be recorded after the ‘‘water heater,’’ which includes ‘‘heat figure describing the placement of a last draw of the test. This condition is pump type units,’’ would adequately thermal break 6 in the inlet water line, intended to ensure that a sufficiently cover such products for the purpose of and two figures showing configurations long standby period is used to performing the DOE test procedure. for the thermocouple tree, if it needs to determine standby loss, which might ASHRAE Draft 118.2 also defines be installed through the outlet water make this calculation more repeatable ‘‘electric heat pump storage water line. The thermal break is added to the and the results more representative of heaters,’’ as water heaters that: test set-up to prevent heat from standby losses experienced in an (a) use electricity as the energy travelling up the inlet piping into the average period of use. However, this source, purge loop section. When purging might also cause the test to extend (b) have a nameplate input rating of before a draw, any heat that is beyond a 24-hour duration. DOE could 12 kW (40,956 Btu/h) or less, transferred from the water heater consider implementing a similar (c) have a rated storage capacity of through the inlet piping to the purge minimum standby period within the 120 gallons (450 L) or less, loop section would be lost, as the purge DOE test procedure. (d) are designed to transfer thermal loop is replenished with cold supply Issue B.10: DOE requests feedback on energy from one temperature level to a water. The thermal break helps to whether it should consider the addition higher temperature level for the purpose prevent this heat loss. of a minimum standby period length of of heating water, and 6 hours for use in the standby loss Issue B.6: DOE requests feedback on (e) are designed to heat and store calculations, and on the appropriateness whether the figures in Appendix E water at a thermostatically-controlled of recording this data after the final temperature less than or equal to 180 °F should be updated to include additional draw cluster when less than 6 hours of (82°C). detail, including the detail provided in standby time occur between draw Issue B.4: DOE requests feedback on the figures in ASHRAE Draft 118.2. If so, clusters one and two. the need for creating a separate please address whether the additional For instances where the standby definition for ‘‘electric heat pump specificity provided in the figures could period occurs after the last draw of the storage water heater,’’ or whether the be too restrictive for the purpose of the test, ASHRAE Draft 118.2 includes a current DOE definitions in 10 CFR 430.2 DOE test procedure, or whether such different method to end the 24-hour for ‘‘electric storage water heater’’ and specificity would be justified by simulated-use test, as compared to the ‘‘water heater,’’ which includes ‘‘heat improving reproducibility of test results. method specified in the DOE test pump type units,’’ would adequately Issue B.7: DOE requests feedback on procedure at Appendix E. In section cover such products for the purpose of whether a definition of ‘‘thermal break’’ 5.4.2 of Appendix E, power to the main performing the DOE test procedure. should be added to DOE’s consumer burner, heating element, or compressor DOE also notes that several water heater test procedure. is disabled during the last hour of the definitions in ASHRAE Draft 118.2 limit Issue B.8: DOE requests feedback on test. In ASHRAE Draft 118.2, power is the scope of products covered by the the necessity of a thermal break if no by- not disabled, but, if a recovery occurs standard more narrowly than the pass or purge loop is included in the between an elapsed time of 23 hours definitions for consumer water heaters test set-up. following the start of the test (hour 23) and relevant commercial water heater and 24 hours following the start of the Issue B.9: DOE requests feedback on definitions contained in EPCA. (42 test (hour 24), the following alternate whether the maximum temperature the U.S.C. 6291(27) and 42 U.S.C. approach is applied to determine the thermal break must be able to withstand 6311(12)(A)–(B)) For example, ASHRAE ° energy consumed during the 24-hour Draft 118.2 limits the storage volume for would appropriately be set at 150 F. If test: The time, total energy used, and storage-type water heaters to 120 gallons another threshold would be more mean tank temperature are recorded at or less and limits the maximum delivery appropriate, please provide a rationale 1 minute prior to the start of the temperature to 180 °F (82 °C) (whereas for the alternate value. recovery occurring between hour 23 and EPCA does not define limits on storage c. Standby Loss Test hour 24, along with the average ambient volume or maximum delivery temperature from 1 minute prior to the temperature). The DOE test method includes a start of the recovery occurring between Issue B.5: DOE requests comment on standby period measured between draw hour 23 and hour 24 to hour 24 of the whether the ASHRAE Draft 118.2 test clusters one and two, during which data simulated-use test. These values are method could be applied to water is recorded that is used to calculate the used to determine the total energy used heaters beyond the scope defined in standby heat loss coefficient. See by the water heater during the 24-hour ASHRAE Draft 118.2 to cover all water section 5.4.2 of Appendix E. ASHRAE simulated-use test. This alternate heaters included within the scope of Draft 118.2 adds a condition that the calculation combines the total energy DOE’s definitions for consumer water standby period data can only be used 1 minute prior to the start of the heaters and residential-duty commercial recorded between the first and second recovery occurring between hours 23 water heaters. If modifications to draw clusters if the time between the and 24 and the standby loss experienced ASHRAE Draft 118.2 would be required observed maximum mean tank by the tank during the time between the to address testing of water heaters not minute prior to the recovery start and within the scope of that draft, DOE 6 A ‘‘thermal break’’ is defined in ASHRAE Draft requests comment on what those 118.2 as a nipple made of material that has thermal 7 Section 1.2 of Appendix E defines ‘‘cut-out’’ as insulation properties (e.g., plastics) to insulate the the time when or water temperature at which a modifications would be. by-pass loop from the inlet piping. It should be able water heater control or thermostat acts to reduce to ASHRAE Draft 118.2 includes new to withstand a pressure of 150 psi and a a minimum the energy or fuel input to the heating figures that provide greater detail temperature of 150 °F. elements, compressor, or burner.

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hour 24. This change is included in from the start of the test and is imposed 2 gallons (7.6 L) should be updated to ASHRAE Draft 118.2 so as not to at the elapsed time of one hour. address when the recovery period lasts artificially de-energize a water heater Issue B.14: DOE requests feedback on for more than one draw. during the standby period. The the effect that removing the temperature 2. Other Potential Updates to the modification should reduce the burden correction factor would have on the Federal Test Method on test laboratories by eliminating the rated FHR, draw pattern, and rated UEF need to ensure that the unit is switched values of the various types of non-flow- Beyond considering the updates in off for this one hour. activated water heaters that are tested to the ASHRAE Draft 118.2 test method Issue B.11: DOE requests feedback on the FHR test. discussed in the previous section, DOE whether it should consider an alternate ASHRAE Draft 118.2 includes is also considering a number of procedure, similar to that in ASHRAE language clarifying that when the first potential updates to its test method in Draft 118.2, for the last hour of the 24- recovery of the simulated-use test Appendix E that are not addressed in hour simulated-use test. extends during a draw, the first recovery ASHRAE Draft 118.2. These updates are Issue B.12: DOE requests feedback on period extends until the end of that discussed in the paragraphs that follow. whether the addition of standby loss in draw. The first recovery period is used in ASHRAE Draft 118.2 and section a. Test Conditions the total energy use calculation 6.3.2 of DOE’s test procedure to adequately represents the auxiliary Section 2.3 of Appendix E specifies calculate recovery efficiency. DOE’s test energy use that is not measured between maintaining the supply water procedure does not directly address the minute prior to the start of the temperature at 58 °F ± 2 °F (14.4 °C ± how to calculate recovery efficiency if recovery occurring between hours 23 1.1 °C). During the 24-hour simulated- the first recovery period ends during a and 24, and hour 24 of the 24-hour use test, maintaining the supply water draw. Each of the parameters in the simulated-use test. temperature within this range can be recovery efficiency equation are difficult at the immediate start of a draw d. Calculations recorded at the end of the first recovery due to the short time between draw period (e.g., the total mass removed is The DOE test method includes a initiation and the first measurement at recorded at the end of the first recovery provision for the FHR test requiring 5 seconds (with subsequent period and not the end of the draw). that, if a draw is not in progress at one measurements every 3 seconds Issue B.15: DOE requests feedback on thereafter), as required by section 5.4.2 hour from the start of the test and, whether additional specification should or 5.4.3 of Appendix E. In some test therefore, a final draw is imposed at the be added to Appendix E addressing the configurations, particularly during the elapsed time of one hour, calculations first recovery period ending during a lower-flow water draws, the inlet water are used to scale the volume drawn draw. during the final draw. Sections 5.3.3.3 Issue B.16: DOE requests feedback on and piping may retain heat from a and 6.1 of Appendix E, respectively. whether it is appropriate to extend the previous draw, causing the water The scaling of the final draw is based on first recovery period to the end of the entering the unit during the initial the temperature of the water delivered draw, or to end the recovery period at measurements to be slightly outside of during the final draw as compared to the end of the recovery. If extending the tolerance. Any supply water the temperature of the water delivered first recovery period to the end of the temperature reading outside of the test during the previous draw. The scaled draw is appropriate, please address the tolerances would invalidate a test. final draw volume is then added to the situation where a second recovery is However, due to the small percentage of total volume drawn during other draws initiated prior to the ending of the draw. total water use that would be affected, to determine the FHR. ASHRAE Draft Please also address the appropriate supply water temperatures that are 118.2 removed the scaling calculation calculation of the maximum mean tank slightly out of tolerance for the first one for the case in which a draw is not in temperature recorded after cut-out or two data points would have a progress at one hour from the start of the following the first recovery, T¯ negligible effect on the overall test max,1. 8 test and a final draw is imposed at the ASHRAE Draft 118.2 updated the result. This issue is less evident during elapsed time of one hour. Instead, the recovery efficiency equation for water the FHR test, which specifies an initial ASHRAE Draft 118.2 method calculates heaters with a rated storage volume temperature measurement 15 seconds FHR as the sum of the volume of hot greater than or equal to 2 gallons (7.6 L) after the start of the water draw. This is water delivered without any scaling to to address situations in which the not an issue during the max GPM test the final draw. The methodology for recovery period lasts for more than one due to the system being in steady-state conducting the FHR test, and in draw, as can occur while testing water during the entire test. particular the issue of whether to scale heaters with long recovery times such as Issue B.18: DOE requests feedback on the final draw, was considered during heat pump water heaters recovering whether one or two supply water the May 1998 final rule, and DOE using only the heat pump. The energy temperature data points outside of the determined at that time that a removed from the tank during each test tolerance at the beginning of a draw temperature correction factor was draw is summed and added to the would have a measurable effect on the appropriate and was included to adjust change in stored energy in the tank from results of the test. the volume of the last draw to account the start of the test to the maximum Issue B.19: DOE requests feedback on for the lower heat content of the last mean tank temperature observed after whether DOE should consider relaxing draw compared to the earlier draws the end of the recovery period. Section the requirement for supply water with fully heated water. 63 FR 25996, 6.3.2 of the DOE test procedure also temperature tolerances at the start of a 26004–26005 (May 11, 1998). uses the total energy removed from the draw, and if so, which methods are most Issue B.13: DOE requests feedback on tank when more than one draw occurs whether the temperature correction during the first recovery period. 8 For example, the first two temperature readings scaling calculation should be Issue B.17: DOE requests feedback on would reflect 8 seconds of water flow, in comparison to total water draw durations ranging maintained for the final draw in whether the equation for recovery from 1 minute to over 8 minutes, according to the calculation of FHR for the case in which efficiency for water heaters with a rated water draw patterns defined in Tables III.1, III.2, a draw is not in progress at one hour storage volume greater than or equal to III.3, and III.4 of Appendix E.

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appropriate for doing so while regulator, sections 2.7.2 and 2.7.3 the term ‘‘storage-type water heaters’’ is maintaining accuracy and repeatability. require the regulator outlet pressure to used. However, the FHR applies to all Section 2.2 of Appendix E specifies be within ±10 percent of the water heaters that are not flow- maintaining ambient air temperature manufacturer’s specified manifold activated, which could include non- between 65.0 °F and 70.0 °F (18.3 °C pressure. From a review of product flow-activated instantaneous water and 21.1 °C) on a continuous basis for literature, DOE has found that many gas- heaters with storage volumes above 2 all types of consumer water heaters (and fired water heaters with variable input gallons. residential-duty commercial water burners have a factory preset manifold Issue B.24: DOE requests feedback on heaters) other than heat pump water pressure that is computer-controlled whether to update the phrase ‘‘storage- heaters. For heat pump water heaters, and cannot be adjusted directly. type water heaters’’ in section 5.3.3 to ambient air temperature must be Further, the manufacturer-specified ‘‘non-flow-activated water heaters.’’ maintained between 67.5 °F ±1 °F (19.7 manifold pressure typically refers to °C ± 0.6 °C), and the relative humidity when the water heater is operating at c. Test Set-up must be maintained at 50% ± 2% the maximum firing rate. DOE is considering whether it should throughout the test. For all water Issue B.22: DOE requests comment on update the test set-up requirement for heaters, section 2.7.1 of Appendix E whether sections 2.7.2 and 2.7.3 should the location of a flow meter (when specifies maintaining the electrical be amended to account for models used), and/or specifications regarding supply voltage within ± 1% of the where the manifold pressure cannot be how to determine the water density for center of the voltage range specified by adjusted directly and whether the ±10% the purpose of calculating the water the manufacturer. Similar to the supply tolerance should apply only when firing mass removed from the water heater water temperature discussed above, a to the manufacturer specified firing rate. when volume is measured using a flow brief measurement of air temperature, In addition to the gas pressure meter. In sections 6.3.2 and 6.4.1 of relative humidity, or electrical supply requirements, section 5.2.3 requires Appendix E, both titled, ‘‘Recovery voltage that is slightly outside of the test maintaining an hourly Btu rating (i.e., Efficiency,’’ the total mass of water ± tolerance would invalidate a test, but power input rate) that is within 2% of removed (i.e., mass of water that flows likely has a negligible effect on the the value specified by the manufacturer through the outlet) from the start of the results of the test. (i.e., the nameplate value). DOE has 24-hour simulated-use test to the end of Issue B.20: DOE requests feedback on observed during testing that for some the first recovery period (M1) is used to whether the tolerances for ambient air gas-fired water heaters, a power input ± calculate recovery efficiency. The test temperature, relative humidity, and rate cannot be achieved that is within procedure accommodates determining electrical supply voltage are difficult to 2% of the nameplate value while the total mass either directly (e.g., maintain at the start of a draw, and if maintaining the gas supply pressure and through the use of a weighing scale), or so, whether DOE should consider manifold pressure within the required indirectly by multiplying the total relaxing these requirements at the start ranges. In such instances, it is common volume removed (V1) (i.e., total volume of a draw. If DOE should consider practice for the testing laboratory to of hot water flow through the outlet) by relaxing these requirements, what modify the size of the orifice that is the density of water (r1), which is should the tolerances be? shipped with the water heater; for required to be determined based on the DOE has conducted exploratory example, the testing laboratory may water temperature at the point where testing to investigate the effect of enlarge the orifice to allow enough gas the flow volume is measured.9 The test relative humidity (RH) on the measured flow to achieve the nameplate input procedure does not specify where in the UEF values of consumer gas-fired rating within the specified tolerance, if flow path the flow volume and density instantaneous water heaters. Two the power input rate is too low with the must be measured, which allows for models, one non-condensing and the orifice as supplied. For commercial laboratory test set-ups that measure the other condensing, were each tested water heating equipment, DOE flow volume either on the cold inlet twice at an RH of 50 percent and an RH addressed this issue by specifying in the side of the water heater or on the hot of 80 percent (i.e., each model was product-specific enforcement provisions outlet side. DOE is concerned that tested four times, with two tests at an that, after adjusting the manifold and allowing the flow meter to be located on RH of 50 percent and two tests at an RH supply pressures to their specified either the inlet or outlet side, and of 80 percent). The increase in relative limits, if the fuel input rate is still not calculating the mass of the water that is humidity from 50 percent to 80 percent ± within 2 percent of the rated input, heated during the test based on the resulted in a maximum change in UEF DOE will attempt to modify the gas inlet density of the water where the flow for the non-condensing and condensing orifice. 10 CFR 429.134(n)(ii). meter is located, could result in models of 0.011 and 0.015, respectively. Issue B.23: DOE requests comment differences in the mass of water that is Issue B.21: DOE requests feedback on regarding whether provisions should be calculated depending on whether the whether test conditions for relative added to the test procedure at Appendix flow meter is in the inlet water line or humidity should extend to other E to address water heaters that cannot the outlet water line. Because the inlet consumer water heater types besides operate within ± 2 percent of the water is colder than at the outlet, it is heat pump water heaters. nameplate rated input as shipped from also denser, meaning that the same For gas-fired water heaters, sections the factory. If so, DOE requests comment volume of water has more mass at the 2.7.2 and 2.7.3 of Appendix E require on how to address this issue, and inlet than the outlet. In addition, some maintaining the gas supply pressure in whether it is appropriate to physically of the mass of inlet water could, after accordance with the manufacturer’s modify the orifice, similar to the being heated, expand out of the water specifications; or, if the supply pressure direction for commercial water heaters. is not specified, a supply pressure of 7– heater into the expansion tank and be 10 inches of water column (1.7–2.5 kPa) b. Terminology for natural gas and 11–13 inches of In sections 5.3.3.1 and 5.3.3.2 of 9 Although the DOE test procedure does not specify how to measure and/or calculate density, it water column (2.7–3.2 kPa) for propane Appendix E, which describe general is typically calculated using either a regression gas must be maintained. In addition, for requirements and draw initiation equation or density tables based on a specific gas-fired water heaters with a pressure criteria, respectively, for the FHR test, temperature and pressure.

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purged prior to a draw.10 Any case where the standby period occurs Issue B.30: Additionally, DOE ‘‘expanded’’ volume of water that is lost after the last draw of the test. requests feedback on whether there is an through the purge line could be Issue B.27: DOE requests feedback on industry standard that would allow for included in a volume measurement whether DOE should revise the testing of recirculating gas-fired taken at the inlet, but not be included descriptions of Qsu,0, Qsu,f, T¯ su,0, su,f, instantaneous water heaters that would in a volume measurement taken at the tstby,1, T¯ t,stby,1, and T¯ a,stby,1 to provide results representative of the outlet. To alleviate the potential for a accommodate cases where the standby energy use of these products for an mismatch between the mass of water period occurs after the last draw of the average use cycle or period of use. measured at the inlet and outlet, DOE is test, in addition to cases where the DOE has identified flow-activated considering whether to specify the standby period occurs after the first water heaters that are designed to location of the flow meter when one is draw cluster. deliver water at a temperature below the used to determine the amount of water set point temperature of 125 °F ± 5 °F d. Specific Considerations for Certain removed. Alternatively, if the volume of (51.7 °C ± 2.8 °C) that is required by water going into the water heater will Consumer Water Heaters section 2.5 of Appendix E. These water always be equivalent to the volume DOE has found that several heating products are typically marketed withdrawn, DOE could consider using manufacturers produce consumer gas- as handwashing or point-of-use water the density at the hot outlet side for the fired instantaneous water heaters that heaters. These units typically have low purpose of calculating total mass of are designed to be used with a volume heating rates, which requires the testing water removed in sections 6.3.2 and of stored water (usually in a tank, but agency to reduce the flow rate in order 6.4.1 of Appendix E, regardless of where sometimes in a recirculating hot water to be able to achieve the outlet flow volume is measured. system of sufficient volume, such as a temperature within the set point Issue B.25: DOE requests feedback on hydronic space heating or designated temperature range. However, these units whether the consumer water heater test hot water system) where the water have a minimum activation flow rate, procedure should require measurement heater does not directly provide hot below which the unit shuts off. of flow in the outlet water line to ensure water to fixtures, such as a faucet or Therefore, when the flow rate is too low, that the mass of water removed from the shower head, but rather replenishes heat the unit will stop heating water, so there tank is accurate. Alternatively, DOE is lost from the tank or system through hot is no flow rate at which the unit will interested in comment on whether water draws or standby losses by operate and deliver water at the requiring density, r1, to be determined circulating water to and from the tank required outlet temperature. based on the outlet temperature, rather or other system. These recirculating Issue B.31: DOE requests feedback on than the temperature where the flow consumer gas-fired instantaneous water whether language should be added to volume is measured, would alleviate heaters are typically activated by an section 5.2.2.1 of Appendix E, titled, this issue. aquastat 11 installed in a storage tank ‘‘Flow-Activated Water Heaters, In sections 6.3.5 and 6.4.2 of that is sold separately or by an inlet including certain instantaneous water Appendix E, the mass withdrawn from water temperature sensor. While the heaters and certain storage-type water each draw (Mi) is used to calculate the products identified by DOE are within heaters,’’ to allow for water heaters not ° ± ° daily energy consumption of the heated the statutory and regulatory definition designed to deliver water at 125 F 5 F ° ± ° water at the measured average of a consumer ‘‘water heater’’ as a (51.7 C 2.8 C) to be tested at a lower temperature rise across the water heater covered product, the design and set point temperature, or whether other (QHW). However, neither section application of recirculating gas-fired changes to the test method need to be includes a description of how to instantaneous water heaters makes made to accommodate these types of calculate the mass withdrawn for tests testing to the consumer water heater test models (e.g., an additional draw pattern, in which the mass is indirectly procedure difficult, if not impossible, as product definition). determined using density and volume these products are not capable of DOE has identified water heating measurements (as described above). delivering water at the temperatures and products with storage volumes less than Issue B.26: DOE requests feedback on flow rates specified in the UEF test 20 gallons and with input rates near or whether to update the consumer water method. Modifications to the consumer at the maximum input rate and considers them to be consumer water heater test procedure to include a water heater test procedure may be heaters. These products are sold in the description of how to calculate the mass required to be more representative of consumer market and can be tested to withdrawn from each draw in cases typical use for these products. These the consumer water heater test where mass is indirectly determined modifications could include changes to procedure. Section 5.3.3 titled, ‘‘First- using density and volume inlet and/or outlet water temperature Hour Rating’’ of the consumer water measurements. requirements or draw patterns (flow rate heater test procedure at Appendix E In section 6.3.3 of Appendix E titled, and timing). In addition, use of a requires that water heaters with storage ‘‘Hourly Standby Losses,’’ the representative storage tank may be volume less than 20 gallons be tested at descriptions for cumulative energy considered. 1.0 ± 0.25 gpm (3.8 ± 0.95 L/min), as consumption (Qsu,0 and Qsu,f) and mean Issue B.28: DOE requests feedback on ¯ opposed to 3.0 ± 0.25 gpm (11.4 ± 0.95 tank temperature (Tsu,0 and su,f) at the the typical application(s) in which L/min) required for water heaters with start and end of the standby period, recirculating gas-fired instantaneous rated storage volumes greater than or along with the elapsed time, average water heaters are used. equal to 20 gallons. Water heaters with storage tank and average ambient Issue B.29: DOE requests feedback on low volume and high input rates can temperatures over the standby period what changes to the consumer water ¯ ¯ ¯ potentially operate indefinitely at the (Tstby,1, Tt,stby,1 and Ta,stby,1, respectively) heater test procedure may be necessary 3.0 ± 0.25 gpm (11.4 ± 0.95 L/min) flow specifically refer to the standby period to appropriately test recirculating gas- rate. When tested as currently required that would occur after the first draw fired instantaneous water heaters. cluster, but do not explicitly address the by Appendix E, such products would 11 An ‘‘aquastat’’ is a temperature measuring have a measured FHR around 60 gallons 10 The change in volume occurs because water device typically used to control the water (227 L) and, therefore, would be expands and increases in volume as it is heated. temperature in a separate hot water storage tank. required to use the medium draw

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pattern, although such models could be inaccurate comparative data. 10 CFR test procedure update. If commenters used in applications similar to other 430.27(a)(1). If a waiver is granted, as believe that any such amendments types of water heaters that fall into the soon as practicable, DOE will publish in would result in a procedure that is, in high draw pattern (e.g., flow-activated the Federal Register a NOPR that fact, unduly burdensome to conduct, instantaneous water heaters with high proposes to amend its regulations so as DOE seeks information on whether an input rates and storage water heaters to eliminate any need for the existing private sector-developed test with greater than 20 gallons stored continuation of such waiver. As soon procedure would be more appropriate or water and high input rates and/or thereafter as practicable, DOE will other avenues for reducing the volumes). publish in the Federal Register a final identified burdens while advancing Issue B.32: DOE requests feedback on rule. 10 CFR 430.27(l). Currently, DOE improvements to the water heaters test the consumer water heater test has granted one finalized waiver from procedure. procedure with respect to testing the the current consumer water heater test DOE also requests comment on the delivery capacity of non-flow-activated procedure. benefits and burdens of adopting any water heaters with low volume and high On January 31, 2020, DOE published industry/voluntary consensus-based or input rate. If amendments are a Notice of Decision and Order in the other appropriate test procedure, warranted, DOE requests comment on Federal Register granting Bradford without modification. DOE notes that what method(s) would be appropriate White Corporation a waiver for a ANSI/ASHRAE Standard 118.2–2006 for determining the delivery capacity of specified basic model that experiences (RA 2015), ‘‘Method of Testing for such models and what attributes can be the first cut-out of the 24-hour Rating Residential Water Heaters,’’ is simulated use test during a draw. 85 FR used to distinguish these water heaters effectively the same as the DOE test 5648. The Decision and Order requires from non-flow-activated water heaters procedures formerly used to measure Bradford White Corporation to use an more appropriately tested by the FHR EF. Further, as discussed earlier in this alternate test procedure that DOE has test. document, ASHRAE 118.2–2006 (RA determined more accurately calculates Section 4.5 of Appendix E requires 2015) is currently under revision with the recovery efficiency when the first water heaters with a rated storage major changes being considered to cut-out occurs during a draw.12 Id. volume at or above 2 gallons must have update that test method so as to be their internal storage tank temperature DOE has determined that the alternate test procedure is representative of real- similar to the DOE UEF test procedure measured. Typically, a thermocouple currently in Appendix E. tree is inserted into the storage tank of world use conditions for the basic Additionally, DOE requests comment a water heater through either the anode model specified in the Decision and on whether the existing test procedures rod hole, the outlet water line, or the Order. DOE requests feedback on limit a manufacturer’s ability to provide temperature and pressure relief valve. whether the test procedure waiver additional features to purchasers of DOE has identified consumer water approach is generally appropriate for consumer water heaters. DOE heaters with physical attributes that testing basic models with these features. particularly seeks information on how make measuring mean tank temperature D. Other Test Procedure Topics the test procedures could be amended to difficult, such as water heaters that have In addition to the issues identified reduce the cost of new or additional a built-in mixing valve and no anode earlier in this document, DOE welcomes features and make it more likely that rod, or have a large heat exchanger that comment on any other aspect of the such features are included on consumer does not allow a thermocouple tree to be existing test procedures for consumer water heaters, while still meeting the inserted. water heaters and residential-duty requirements of EPCA. Issue B.33: DOE requests feedback on commercial water heaters. As noted, DOE also requests comments on any whether amendments to the water DOE recently issued an RFI to seek more heater test procedure are needed to potential amendments to the existing information on whether its test test procedures that would address address water heaters that cannot have procedures are reasonably designed, as their internal storage tank temperatures impacts on manufacturers, including required by EPCA, to produce results small businesses. measured as required by the test that measure the energy use or Finally, DOE recently published an procedure. If so, DOE requests comment efficiency of a product during a RFI on the emerging smart technology on what updates to the test procedure representative average use cycle or appliance and equipment market. 83 FR would be necessary that would still period of use. 84 FR 9721 (March 18, 46886 (Sept. 17, 2018). In that RFI, DOE allow for accurate measurement of 2019). DOE seeks comment on this issue sought information to better understand temperature. as it specifically pertains to the test market trends and issues in the procedures for consumer water heaters C. Test Procedure Waivers emerging market for appliances and and residential-duty commercial water A person may seek a waiver from the commercial equipment that incorporate heaters that are the subject of this test procedure requirements for a smart technology. DOE’s intent in current RFI. particular basic model of a type of issuing the RFI was to ensure that DOE As noted previously, DOE also covered product when the basic model did not inadvertently impede such requests comments on whether potential for which the petition for waiver is innovation in fulfilling its statutory amendments based on the issues submitted contains one or more design obligations in setting efficiency discussed would result in a test characteristics that: (1) Prevent testing standards for covered products and procedure that is unduly burdensome to according to the prescribed test equipment. DOE seeks comments, data, conduct, particularly in light of any new procedure, or (2) cause the prescribed and information on the issues presented products on the market since the last test procedures to evaluate the basic in the RFI as they may be applicable to model in a manner so unrepresentative 12 Docket number EERE–2019–BT–WAV–0020, the consumer water heaters and of its true energy consumption see: https://www.regulations.gov/docket?D=EERE- residential-duty commercial water characteristics as to provide materially 2019-BT–WAV-0020. heaters that are the subject of this RFI.

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III. Submission of Comments DOE processes submissions made ‘‘non-confidential’’ with the information through http://www.regulations.gov believed to be confidential deleted. DOE invites all interested parties to before posting. Normally, comments Submit these documents via email or on submit in writing by June 1, 2020, will be posted within a few days of a CD, if feasible. DOE will make its own comments and information on matters being submitted. However, if large determination about the confidential addressed in this document and on volumes of comments are being status of the information and treat it other matters relevant to DOE’s processed simultaneously, your according to its determination. consideration of amended test comment may not be viewable for up to It is DOE’s policy that all comments procedures for consumer water heaters several weeks. Please keep the comment may be included in the public docket, and residential-duty commercial water tracking number that http:// without change and as received, heaters. These comments and www.regulations.gov provides after you including any personal information information will aid in the development have successfully uploaded your provided in the comments (except of a test procedure NOPR for consumer comment. information deemed to be exempt from water heaters, if DOE determines that Submitting comments via email, hand public disclosure). amended test procedures may be delivery/courier, or postal mail. DOE considers public participation to appropriate for these products. After the Comments and documents submitted be a very important part of the process close of the comment period, DOE will via email, hand delivery/courier, or for developing test procedures and review the public comments received postal mail also will be posted to http:// energy conservation standards. DOE and may begin collecting data and www.regulations.gov. If you do not want actively encourages the participation conducting the analyses discussed in your personal contact information to be and interaction of the public during the this RFI. publicly viewable, do not include it in comment period in each stage of this Submitting comments via http:// your comment or any accompanying process. Interactions with and between www.regulations.gov. The http:// documents. Instead, provide your members of the public provide a www.regulations.gov web page requires contact information in a cover letter. balanced discussion of the issues and you to provide your name and contact Include your first and last names, email assist DOE in the process. Anyone who information. Your contact information address, telephone number, and wishes to be added to the DOE mailing will be viewable to DOE Building optional mailing address. The cover list to receive future notices and Technologies staff only. Your contact letter will not be publicly viewable as information about this process should information will not be publicly long as it does not include any contact Appliance and Equipment viewable except for your first and last comments. Standards Program staff at (202) 287– names, organization name (if any), and Include contact information each time 1445 or via email at submitter representative name (if any). you submit comments, data, documents, ApplianceStandardsQuestions@ If your comment is not processed and other information to DOE. If you ee.doe.gov. submit via postal mail or hand delivery/ properly because of technical Signed in Washington, DC, on February 21, difficulties, DOE will use this courier, please provide all items on a CD, if feasible, in which case it is not 2020. information to contact you. If DOE Alexander N. Fitzsimmons, cannot read your comment due to necessary to submit printed copies. No Deputy Assistant Secretary for Energy technical difficulties and cannot contact telefacsimiles (faxes) will be accepted. Comments, data, and other Efficiency,Energy Efficiency and Renewable you for clarification, DOE may not be Energy. able to consider your comment. information submitted to DOE electronically should be provided in [FR Doc. 2020–07732 Filed 4–15–20; 8:45 am] However, your contact information PDF (preferred), Microsoft Word or BILLING CODE 6450–01–P will be publicly viewable if you include Excel, WordPerfect, or text (ASCII) file it in the comment or in any documents format. Provide documents that are not attached to your comment. Any secured, written in English, and free of DEPARTMENT OF TRANSPORTATION information that you do not want to be any defects or viruses. Documents publicly viewable should not be should not contain special characters or Federal Aviation Administration included in your comment, nor in any any form of encryption and, if possible, document attached to your comment. they should carry the electronic 14 CFR Part 39 Persons viewing comments will see only signature of the author. first and last names, organization [Docket No. FAA–2020–0330; Product Campaign form letters. Please submit Identifier 2020–NM–031–AD] names, correspondence containing campaign form letters by the originating comments, and any documents organization in batches of between 50 to RIN 2120–AA64 submitted with the comments. 500 form letters per PDF or as one form Airworthiness Directives; Airbus SAS Do not submit to http:// letter with a list of supporters’ names Airplanes www.regulations.gov information for compiled into one or more PDFs. This which disclosure is restricted by statute, reduces comment processing and AGENCY: Federal Aviation such as trade secrets and commercial or posting time. Administration (FAA), DOT. financial information (hereinafter Confidential Business Information. ACTION: Notice of proposed rulemaking referred to as Confidential Business Pursuant to 10 CFR 1004.11, any person (NPRM). Information (CBI)). Comments submitting information that he or she submitted through http:// believes to be confidential and exempt SUMMARY: The FAA proposes to adopt a www.regulations.gov cannot be claimed by law from public disclosure should new airworthiness directive (AD) for as CBI. Comments received through the submit via email, postal mail, or hand certain Airbus SAS Model A350–941 website will waive any CBI claims for delivery/courier two well-marked and –1041 airplanes. This proposed AD the information submitted. For copies: one copy of the document was prompted by a report indicating information on submitting CBI, see the marked ‘‘confidential’’ including all the that when the number 2 engine thrust Confidential Business Information information believed to be confidential, reverser (T/R) was opened, the right- section. and one copy of the document marked hand T/R hinge nut located at position

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4 was found detached; investigation available in the AD docket shortly after Related IBR Material Under 1 CFR part revealed that certain nuts could have receipt. 51 been installed with noncompliant FOR FURTHER INFORMATION CONTACT: EASA AD 2020–0028 describes locking features, or with locking procedures for a general visual features that could degrade quicker than Kathleen Arrigotti, Aerospace Engineer, International Section, Transport inspection of each T/R hinge for the anticipated. This proposed AD would presence of a nut and washer, replacing require inspecting each T/R hinge for Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; any existing nut with a new nut, the presence of a nut and washer, installing a new nut and washer if installing a new nut and washer if telephone and fax 206–231–3218; email [email protected]. neither is installed, and applying a necessary, and applying a torque stripe torque stripe at each location. This at each T/R hinge location, as specified SUPPLEMENTARY INFORMATION: material is reasonably available because in a European Union Aviation Safety the interested parties have access to it Agency (EASA) AD, which will be Comments Invited through their normal course of business incorporated by reference. The FAA is The FAA invites you to send any or by the means identified in the proposing this AD to address the unsafe written relevant data, views, or ADDRESSES section. condition on these products. arguments about this proposal. Send FAA’s Determination and Requirements DATES: The FAA must receive comments your comments to an address listed of This Proposed AD on this proposed AD by June 1, 2020. under the ADDRESSES section. Include ADDRESSES: You may send comments, This product has been approved by ‘‘Docket No. FAA–2020–0330; Product the aviation authority of another using the procedures found in 14 CFR Identifier 2020–NM–031–AD’’ at the 11.43 and 11.45, by any of the following country, and is approved for operation beginning of your comments. The FAA in the United States. Pursuant to the methods: specifically invites comments on the • Federal eRulemaking Portal: Go to FAA’s bilateral agreement with the State overall regulatory, economic, of Design Authority, the FAA has been https://www.regulations.gov. Follow the environmental, and energy aspects of instructions for submitting comments. notified of the unsafe condition • this NPRM. The agency will consider all described in the MCAI referenced Fax: 202–493–2251. comments received by the closing date • Mail: U.S. Department of above. The FAA is proposing this AD and may amend this NPRM based on because the FAA evaluated all the Transportation, Docket Operations, M– those comments. 30, West Building Ground Floor, Room relevant information and determined the unsafe condition described W12–140, 1200 New Jersey Avenue SE, The FAA will post all comments previously is likely to exist or develop Washington, DC 20590. received, without change, to https:// in other products of the same type • Hand Delivery: Deliver to Mail www.regulations.gov, including any design. address above between 9 a.m. and 5 personal information you provide. The p.m., Monday through Friday, except FAA will also post a report Proposed AD Requirements summarizing each substantive verbal Federal holidays. This proposed AD would require For the material identified in this contact received about this NPRM. accomplishing the actions specified in proposed AD that will be incorporated Discussion EASA AD 2020–0028 described by reference (IBR), contact the EASA, previously, as incorporated by Konrad-Adenauer-Ufer 3, 50668 The EASA, which is the Technical reference, except for any differences Cologne, Germany; telephone +49 221 Agent for the Member States of the identified as exceptions in the 89990 1000; email [email protected]; European Union, has issued EASA AD regulatory text of this AD. internet www.easa.europa.eu. You may 2020–0028, dated February 14, 2020 Explanation of Required Compliance find this IBR material on the EASA (‘‘EASA AD 2020–0028’’) (also referred Information website at https://ad.easa.europa. You to as the Mandatory Continuing may view this IBR material at the FAA, Airworthiness Information, or ‘‘the In the FAA’s ongoing efforts to Transport Standards Branch, 2200 MCAI’’), to correct an unsafe condition improve the efficiency of the AD South 216th St., Des Moines, WA. For for certain Airbus SAS Model A350–941 process, the FAA initially worked with information on the availability of this and -1041 airplanes. Airbus and EASA to develop a process material at the FAA, call 206–231–3195. to use certain EASA ADs as the primary It is also available in the AD docket on This proposed AD was prompted by source of information for compliance the internet at https:// a report indicating that when the with requirements for corresponding www.regulations.gov by searching for number 2 engine T/R was opened, the FAA ADs. The FAA has since and locating Docket No. FAA–2020– right-hand T/R hinge nut located at coordinated with other manufacturers 0330. position 4 was found detached; and civil aviation authorities (CAAs) to investigation revealed that certain nuts use this process. As a result, EASA AD Examining the AD Docket could have been installed with 2020–0028 will be incorporated by You may examine the AD docket on noncompliant locking features, or with reference in the FAA final rule. This the internet at https:// locking features that could degrade proposed AD would, therefore, require www.regulations.gov by searching for quicker than anticipated. A similar nut compliance with EASA AD 2020–0028 and locating Docket No. FAA–2020– installation on T/R hinge positions 2 in its entirety, through that 0330; or in person at Docket Operations and 3 can be affected by the same issue. incorporation, except for any differences between 9 a.m. and 5 p.m., Monday This condition, if not addressed on identified as exceptions in the through Friday, except Federal holidays. multiple hinge attachments, could lead regulatory text of this proposed AD. The AD docket contains this NPRM, the to in-flight loss of a T/R, consequent Using common terms that are the same regulatory evaluation, any comments structural damage to the airplane, and as the heading of a particular section in received, and other information. The possible injury to persons on the the EASA AD does not mean that street address for Docket Operations is ground. See the MCAI for additional operators need comply only with that listed above. Comments will be background information. section. For example, where the AD

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requirement refers to ‘‘all required 2020–0028 that is required for Costs of Compliance actions and compliance times,’’ compliance with EASA AD 2020–0028 compliance with this AD requirement is will be available on the internet at The FAA estimates that this proposed not limited to the section titled https://www.regulations.gov by AD would affect 13 airplanes of U.S. ‘‘Required Action(s) and Compliance searching for and locating Docket No. registry. The FAA estimates the Time(s)’’ in the EASA AD. Service FAA–2020–0330 after the FAA final following costs to comply with this information specified in EASA AD rule is published. proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Up to 4 work-hours × $85 per hour = Up to $340 ...... $984 $1,324 Up to $17,212.

According to the manufacturer, some (3) Will not have a significant noncompliant locking features, or with or all of the costs of this proposed AD economic impact, positive or negative, locking features that could degrade quicker may be covered under warranty, thereby on a substantial number of small entities than anticipated. The FAA is issuing this AD to address this condition, which, if occurring reducing the cost impact on affected under the criteria of the Regulatory on multiple hinge attachments, could lead to individuals. The FAA does not control Flexibility Act. in-flight loss of a T/R, consequent structural warranty coverage for affected List of Subjects in 14 CFR Part 39 damage to the airplane, and possible injury individuals. As a result, the FAA has to persons on the ground. included all known costs in our cost Air transportation, Aircraft, Aviation (f) Compliance estimate. safety, Incorporation by reference, Safety. Comply with this AD within the Authority for This Rulemaking compliance times specified, unless already The Proposed Amendment done. Title 49 of the United States Code Accordingly, under the authority specifies the FAA’s authority to issue (g) Requirements delegated to me by the Administrator, rules on aviation safety. Subtitle I, Except as specified in paragraph (h) of this the FAA proposes to amend 14 CFR part section 106, describes the authority of AD: Comply with all required actions, 39 as follows: the FAA Administrator. Subtitle VII: including inspecting each T/R hinge for the presence of a nut and washer, and Aviation Programs, describes in more PART 39—AIRWORTHINESS compliance times specified in, and in detail the scope of the Agency’s DIRECTIVES accordance with, EASA AD 2020–0028. authority. (h) Exceptions to EASA AD 2020–0028 The FAA is issuing this rulemaking ■ 1. The authority citation for part 39 under the authority described in continues to read as follows: (1) Where EASA AD 2020–0028 refers to its Subtitle VII, Part A, Subpart III, Section effective date, this AD requires using the Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of this AD. 44701: ‘‘General requirements.’’ Under § 39.13 [Amended] (2) The ‘‘Remarks’’ section of EASA AD that section, Congress charges the FAA 2020–0028 does not apply to this AD. with promoting safe flight of civil ■ 2. The FAA amends § 39.13 by adding aircraft in air commerce by prescribing the following new airworthiness (i) No Reporting Requirement regulations for practices, methods, and directive (AD): Although the service information referenced in EASA AD 2020–0028 specifies procedures the Administrator finds Airbus SAS: Docket No. FAA–2020–0330; necessary for safety in air commerce. to submit certain information to the Product Identifier 2020–NM–031–AD. manufacturer, this AD does not include that This regulation is within the scope of (a) Comments Due Date requirement. that authority because it addresses an unsafe condition that is likely to exist or The FAA must receive comments by June (j) Other FAA AD Provisions 1, 2020. develop on products identified in this The following provisions also apply to this rulemaking action. (b) Affected ADs AD: None. (1) Alternative Methods of Compliance Regulatory Findings (AMOCs): The Manager, International (c) Applicability Section, Transport Standards Branch, FAA, The FAA determined that this has the authority to approve AMOCs for this proposed AD would not have federalism This AD applies to Airbus SAS Model A350–941 and –1041 airplanes, certificated AD, if requested using the procedures found implications under Executive Order in any category, as identified in European in 14 CFR 39.19. In accordance with 14 CFR 13132. This proposed AD would not Union Aviation Safety Agency (EASA) AD 39.19, send your request to your principal have a substantial direct effect on the 2020–0028, dated February 14, 2020 (‘‘EASA inspector or local Flight Standards District States, on the relationship between the AD 2020–0028’’). Office, as appropriate. If sending information national Government and the States, or directly to the International Section, send it (d) Subject to the attention of the person identified in on the distribution of power and Air Transport Association (ATA) of paragraph (k)(2) of this AD. Information may responsibilities among the various America Code 78, Exhaust. be emailed to: 9-ANM-116-AMOC- levels of government. [email protected]. Before using any For the reasons discussed above, I (e) Reason approved AMOC, notify your appropriate certify this proposed regulation: This AD was prompted by a report principal inspector, or lacking a principal (1) Is not a ‘‘significant regulatory indicating that when the number 2 engine inspector, the manager of the local flight thrust reverser (T/R) was opened, the right- standards district office/certificate holding action’’ under Executive Order 12866, hand T/R hinge nut located at position 4 was district office. (2) Will not affect intrastate aviation found detached; investigation revealed that (2) Contacting the Manufacturer: For any in Alaska, and certain nuts could have been installed with requirement in this AD to obtain instructions

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from a manufacturer, the instructions must Product Safety Commission (CPSC) may docket number, CPSC–2020–0011, into be accomplished using a method approved charge certain fees to recover the direct the ‘‘Search’’ box, and follow the by the Manager, International Section, costs of providing specific FOIA prompts. Transport Standards Branch, FAA; or EASA; services, such as duplication and or Airbus SAS’s EASA Design Organization FOR FURTHER INFORMATION CONTACT: Approval (DOA). If approved by the DOA, searching for responsive records. The the approval must include the DOA- CPSC is proposing to amend its FOIA Abioye Ella Mosheim, Chief FOIA authorized signature. fee regulations to reflect more accurately Officer, U.S. Consumer Product Safety (3) Required for Compliance (RC): For any the CPSC’s direct costs of providing Commission, Room 820, 4330 East West service information referenced in EASA AD FOIA services, as well as to conform to Highway, Bethesda, MD 20814; email: 2020–0028 that contains RC procedures and the Office of Management and Budget’s [email protected]; telephone: (301) tests: RC procedures and tests must be done (OMB’s) Uniform Freedom of 504–7454. to comply with this AD; any procedures or tests that are not identified as RC are Information Act Fee Schedule and SUPPLEMENTARY INFORMATION: recommended. Those procedures and tests Guidelines and to omit the fee category that are not identified as RC may be deviated for the production of records on I. Background and Statutory Authority from using accepted methods in accordance microfiche, an obsolete format. The with the operator’s maintenance or CPSC also is proposing to amend other On June 30, 2016, the President inspection program without obtaining sections of its FOIA regulations to signed into law the FOIA Improvement approval of an AMOC, provided the reflect organizational changes in the Act of 2016, Public Law 114–185 (2016). procedures and tests identified as RC can be agency’s FOIA Office; to codify the The FOIA Improvement Act of 2016 done and the airplane can be put back in an amends the Freedom of Information Act, airworthy condition. Any substitutions or existing practice of the General Counsel changes to procedures or tests identified as remanding cases to the Chief FOIA 5 U.S.C. 552, requiring, inter alia, the RC require approval of an AMOC. Officer; and to allow for any relevant Chief FOIA Officer of every agency to review its FOIA fee regulations (k) Related Information FOIA exemptions to be applied. DATES: Submit comments by June 30, annually. See 5 U.S.C. 552(j)(3)(C). (1) For information about EASA AD 2020– 0028, contact EASA, Konrad-Adenauer-Ufer 2020. OMB’s Uniform Freedom of 3, 50668 Cologne, Germany; telephone +49 ADDRESSES: Comments, identified by Information Act Fee Schedule and 221 89990 6017; email [email protected]; Docket No. CPSC–2020–0011, may be Guidelines (OMB Fee Guidelines) internet www.easa.europa.eu. You may find submitted electronically or in writing: provides federal agencies with guidance this EASA AD on the EASA website at Electronic Submissions: Submit on reviewing and assessing FOIA fees. https://ad.easa.europa.eu. You may view this 52 FR 10012 (Mar. 27, 1987). Following EASA AD at the FAA, Transport Standards electronic comments to the Federal Branch, 2200 South 216th St., Des Moines, eRulemaking Portal at: http:// OMB’s issuance of its Fee Guidelines in WA. For information on the availability of www.regulations.gov. Follow the March 1987, CPSC proposed this material at the FAA, call 206–231–3195. instructions for submitting comments. amendments to its FOIA fee regulations. EASA AD 2020–0028 may be found in the CPSC does not accept comments 52 FR 17767 (May 12, 1987). The CPSC AD docket on the internet at https:// submitted by electronic mail (email), finalized its amendments on fees to www.regulations.gov by searching for and except through www.regulations.gov. reflect the agency’s direct costs, and the locating Docket No. FAA–2020–0330. CPSC encourages you to submit amendments became effective on (2) For more information about this AD, contact Kathleen Arrigotti, Aerospace electronic comments by using the September 4, 1987. 52 FR 28979(Aug. 5, Engineer, International Section, Transport Federal eRulemaking Portal, described 1987). In 1997, CPSC updated one Standards Branch, FAA, 2200 South 216th above. portion of its FOIA fee regulations St., Des Moines, WA 98198; telephone and Written Submissions: Submit written regarding computerized records and fax 206–231–3218; email kathleen.arrigotti@ submissions by Mail/Hand delivery/ interest to be charged on fees owed. 62 faa.gov. Courier (for paper, disk, or CD–ROM FR 46198 (Sept. 2, 1997). In 2017, CPSC Issued on April 9, 2020. submissions) to: Division of the also updated portions of its FOIA fee Lance T. Gant, Secretariat, Consumer Product Safety regulations to revise the definition of Director, Compliance & Airworthiness Commission, Room 820, 4330 East West ‘‘representative of the news media’’ and Division, Aircraft Certification Service. Highway, Bethesda, MD 20814; to make other clarifications and telephone (800) 638–2772. [FR Doc. 2020–07920 Filed 4–15–20; 8:45 am] corrections. 82 FR 37004 (Aug. 8, 2017). Instructions: All submissions received BILLING CODE 4910–13–P must include the agency name and The CPSC is proposing additional docket number for this rulemaking. All amendments to its FOIA fee regulations comments received will be posted to ensure that the agency’s fees CONSUMER PRODUCT SAFETY without change to: http:// accurately reflect its direct costs of COMMISSION www.regulations.gov, including any providing FOIA services, consistent with the OMB Fee Guidelines. CPSC 16 CFR Part 1015 personal information provided. Do not submit electronically any confidential staff estimated the CPSC’s direct costs of [Docket No. CPSC–2020–0011] business information, trade secret providing FOIA services by reviewing information, or other sensitive or and assessing certain known costs of Fees for Production of Records; Other protected information that you do not providing records under the FOIA in Amendments to Procedures for want to be available to the public. If you Fiscal Year 2019, as described in detail Disclosure of Information Under the wish to provide such information, below. CPSC staff also examined Freedom of Information Act please submit your comment it in whether there were any discrepancies AGENCY: Consumer Product Safety writing following the instructions for between the OMB Fee Guidelines and Commission. Written Submissions provided above. CPSC’s existing regulations, as well as ACTION: Notice of proposed rulemaking. Docket: For access to the docket to between CPSC’s general FOIA read background documents or regulations and existing practices. The SUMMARY: Under the Freedom of comments received, go to http:// proposed amendments are summarized Information Act (FOIA), the Consumer www.regulations.gov and insert the in five categories below.

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II. Proposed Amendments Concerning for FOIA projects in Fiscal Year 2019 searches, and $4.90 per quarter hour for Fees (GS 12/4, or $33.52/staff hour), plus 16 non-clerical searches. Direct Costs. The FOIA authorizes percent for the allowable OMB benefit Proposed § 1015.9(e)(2) would remove agencies to charge certain fees to recover rate; multiplying that amount by the the set dollar figures for search fees the direct costs of providing FOIA total staff hours within the GCOS that enumerated within the regulation itself, and in their place, state that search fees services. 5 U.S.C. 552(a)(4)(A). Fee are estimated to be attributable to FOIA are based on the average grade and step schedules must provide for the recovery duplication in Fiscal Year 2019 (486.45 of certain employees who charged hours of only the direct costs of search, staff hours); adding the estimated cost of in this category. CPSC staff believes that duplication, or review. 5 U.S.C. paper and toner used by the GCOS staff this avoids the need continuously to 552(a)(4)(A)(iv). Under the FOIA, for computer printouts in Fiscal Year update the CPSC’s FOIA fee regulations agencies must promulgate regulations, 2019 ($9,826); and dividing that number to be consistent with General Schedule pursuant to notice and public comment, by the corresponding number of pages printed (196,820 pages). CPSC staff pay adjustments. This approach is specifying the schedule of fees estimated the total hours spent by GCOS similar to the FOIA fee regulations at applicable to processing FOIA requests; staff attributable to FOIA duplication in several other agencies. must establish procedures and Fiscal Year 2019, by taking a poll of the Additionally, due to organizational guidelines for determining when such FOIA specialists, whose most common changes in the CPSC’s FOIA Office and fees should be waived or reduced; and response was that they spent 5 percent how requests are processed, clerical must conform their fee schedules to the of their time on duplication. staff rarely performs searches. OMB Fee Guidelines. 5 U.S.C. Proposed § 1015.9(e) also would Therefore, CPSC proposes to eliminate 552(a)(4)(A)(i). Pursuant to the OMB Fee clarify that there is no duplication fee the category of clerical search fees. Guidelines, agencies should charge fees for producing records provided to Consistent with this recommendation, that ‘‘recoup the full allowable direct requesters in electronic format. Because and consistent with the OMB Fee costs they incur’’ and ‘‘shall use the converting and sending an electronic Guidelines, the proposed regulations most efficient and least costly methods file, such as a file in portable document would distinguish between manual and to comply with requests for documents format (PDF), to requesters via computer-based searches. made under the FOIA.’’ 52 FR 10018. electronic mail or the FOIA online The proposed manual search fee Duplication Fees. Proposed portal requires minimal operator time would be charged on a per-quarter-hour § 1015.9(e)(1) would amend the current and computer and software costs, the basis, and the exact rate would be regulations on fees the agency charges agency’s actual costs of duplicating calculated and published annually, for the reproduction of documents to these records are de minimis. The using the basic hourly pay rate of the reflect CPSC staff’s review and the proposed rule also clarifies how the fees average grade and step of CPSC program assessment of certain known costs of for costs will be assessed where records staff who worked outside of the FOIA producing FOIA records for Fiscal Year are available only in paper format and Office and who charged hours for FOIA 2019 and based on current CPSC must be scanned to comply with a projects in Fiscal Year 2019 (GS 14/7), practices. The OMB Fee Guidelines requester’s preference to receive records plus 16 percent for the allowable OMB require agencies to ‘‘establish an average in an electronic format. benefit rate. agency-wide, per-page charge for paper Search Fees. Proposed § 1015.9(e)(2) The proposed computer search fee copy reproduction of documents,’’ would amend the current regulations on would be charged on a per-quarter-hour which ‘‘shall represent the reasonable fees the agency charges for searches. basis, and the exact rate would be direct costs of making such copies, Pursuant to the OMB Fee Guidelines, for calculated and published annually, taking into account the salary of the manual searches, whenever feasible, using the basic hourly pay rate of the operator as well as the cost of the agencies should charge at the salary rate average grade and step of GCOS staff reproduction machinery.’’ 52 FR 10018. of the employee making the search, who charged hours for FOIA projects in For copies prepared by computer, the consisting of basic pay, plus 16 percent Fiscal Year 2019 (GS 12/4), plus 16 OMB Fee Guidelines require agencies to for the allowable OMB benefit rate; percent for the allowable OMB benefit charge the actual cost, including however, where a ‘‘homogenous class of rate. CPSC program staff who work operator time, of production of the personnel’’ is used exclusively, agencies outside of the FOIA Office often printout. Id. For other methods of may establish an average rate for the conduct FOIA computer searches. duplication, the OMB Fee Guidelines range of grades typically involved in However, CPSC staff has determined require agencies to charge the actual searching for records. 52 FR 10018. For that the average grade and step of GCOS direct costs of producing the computer searches, agencies should staff who charged hours for FOIA documents. Id. charge the actual direct cost of projects represents a reasonable agency- Current 16 CFR 1015.9(e)(1) sets forth providing the service, plus central wide rate for operator costs in this the amount charged for reproducing processing unit (CPU) time that is category. The proposed computer search documents on a standard photocopying directly attributable to searching for fee would not include CPU costs machine at $0.10 per page. Proposed responsive records to a FOIA request. because any agency software or § 1015.9(e) would change the regulation Alternatively, if agencies can do so, they hardware costs directly attributable to to specify a charge of $0.15 per page for may establish a reasonable agency-wide searching for responsive records would manual photocopies and for computer rate for operator, programmer, and CPU be difficult to quantify and likely would printouts that are sent from a computer costs involved in FOIA searches and be de minimis. to a printer or photocopier machine. charge accordingly. Id. Review Fees. Proposed § 1015.9(e)(3) The proposed fee for manual Current §§ 1015.9(e)(2)–(3) divide would amend the current regulations on photocopies and computer printouts searches into two categories: (1) fees the agency charges for the initial was calculated using the 2019 basic Searches conducted by clerical staff; review of documents to determine hourly pay rate of the average grade and and (2) searches conducted by non- whether any portion of any document step of staff members from the Office of clerical, professional, or managerial may be withheld. The OMB Fee the General Counsel, Division of the staff. The current regulations charge Guidelines permit agencies to establish Secretariat (GCOS), who charged hours $3.00 per quarter hour for clerical a reasonable agency-wide average for

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such costs, where a single class of the OMB Fee Guidelines. 52 FR 10016. payment ‘‘of an amount up [to] the full reviewers is typically involved in the Proposed § 1015.9(g)(2) would specify estimated charges in the case of review process. 52 FR 10018. that the first 100 pages of duplication requesters with no history of payment’’; Current § 1015.9(4) sets forth the will be waived for all non-commercial or (2) a requester has previously failed amount charged for review at $4.90 per requesters, consistent with the FOIA to pay a fee charged in a timely fashion, quarter hour. Similar to the proposed and the OMB Fee Guidelines. in which case the agency may require search fees, the proposed regulation Proposed § 1015.9(g)(3) would specify the requester to pay the full amount would remove the set dollar figure that the first 2 hours of search time will owed, plus any applicable interest, and review fee enumerated within the be waived for all requesters to whom to make an advance payment of the full regulation itself. Instead, the review fee search fees apply, except commercial amount of the estimated fee before the would be charged on a per-quarter-hour requesters. agency begins to process a new or basis, and the exact rate would be Notice of Anticipated Fees. The OMB pending request. 59 FR 10020. Current calculated and published annually, Fee Guidelines require agencies to § 1015.9(g)(3) states: ‘‘Before the using the basic hourly pay rate of the implement procedures for notifying Commission begins processing a request average grade and step of GCOS staff requesters when fees are estimated or or discloses any information, it will who charged hours for FOIA review in determined to exceed $25 and provide require advance payment if charges are Fiscal Year 2019 (GS 12/9), plus 16 those requesters an opportunity to estimated to exceed $250.00 and the percent for the allowable OMB benefit confer with agency staff with the requester has no history of payment and rate. objective of reformulating their request cannot provide satisfactory assurance Obsolete Formats. The FOIA requires to meet their needs at a lower cost. 52 that payment will be made; or a agencies to provide records in any FR 10018. The CPSC’s current FOIA fee requester failed to pay the Commission format requested, if the record is readily regulations lack procedures for for a previous Freedom of Information reproducible by the agency in that form providing requesters with notice of Act request within 30 days of the billing or format. 5 U.S.C. 552(a)(3)(B). anticipated fees in excess of $25 and an date.’’ The proposed amendments Currently, CPSC routinely produces opportunity to confer with agency staff. would reflect the language used in the records in one of three formats: (1) Proposed § 1015.9(f) would provide for OMB Fee Guidelines. See 59 FR 10020. Computer printout, if under 250 pages; notice of anticipated fees greater than The proposed amendments also would (2) compact disc (CD), if more than 250 $25 and the opportunity to confer with codify the CPSC’s current practices of pages; and (3) electronic files, such as staff on costs. The proposed regulations tolling the processing of the request PDF. The proposed amendments would also would provide that requesters must while notifying the requester that clarify that requesters may request commit in writing to pay the actual or advance payment is due, 5 U.S.C. records in paper, CD, or electronic estimated fees or designate in writing 552(a)(6)(A)(ii)(II), and closing the format. The proposed amendments also the amount of fees the requester is request if, after 30 days of receipt, the would remove the fee for producing willing to pay before the FOIA Office requester does not respond to the fee records on microfiche because this will do further work on a FOIA request. notice. format is obsolete and not routinely Restrictions on Assessing Fees. The produced by the CPSC. FOIA and the OMB Fee Guidelines III. Proposed Amendments To Reflect Annual Publication of Fees. Under the prohibit agencies from charging a fee if Organizational Changes at CPSC proposed regulations, the exact per- the costs of collecting and processing FOIA Office. The organizational quarter-hour rates for searching and that fee are likely to equal or exceed the structure of the CPSC’s FOIA Office has reviewing records would be calculated fee. 5 U.S.C. 552(a)(4)(A)(iv); 52 FR changed since the FOIA regulations and published annually, using the most 10018–19. Current § 1015.9(g)(5) states were last amended in 2017. See 82 FR recent General Schedule table published that the CPSC will not request payment 37010. The CPSC’s FOIA Office is now by the Office of Personnel Management if the requester’s total bill is less than housed within the Office of the General (OPM). In addition, the actual cost of $9.00. CPSC staff estimates that the Counsel, rather than the Office of the CDs, DVDs, and other similar media current cost to the agency of collecting Secretary, and the Commission’s would be calculated and published and processing a fee is $25. Assistant General Counsel for the Office annually. These exact rates and costs Accordingly, the proposed amendments of the General Counsel, Division of the would be made available to the public would delete § 1015.9(g)(5), and add Secretariat, holds the position of Chief on the CPSC’s FOIA web page and proposed § 1015.9(g)(7), which would FOIA Officer, rather than the Secretary would be available by request from provide that no fee will be charged of the Commission. The NPR proposes GCOS. The CPSC also would annually when the total fee is equal to or less to amend 16 CFR 1015.1, 1015.2, publish on its FOIA web page the than $25. 1015.3, 1015.4, 1015.5, 1015.6, 1015.7, salaries of CPSC employees associated Advance Payment of Fees. The NPR and 1015.9 to replace the designations with FOIA searches and reviews, proposes to add § 1015.9(i), which ‘‘Secretary of the Commission,’’ consistent with the FOIA fee-posting would set forth provisions for requiring ‘‘Secretary,’’ or ‘‘Secretariat,’’ with the practice observed at several other advance payment before the production title, ‘‘Chief FOIA Officer,’’ and replace agencies. of records in certain cases. The OMB ‘‘Office of the Secretary’’ with ‘‘Office of Fee Waivers. The FOIA requires Fee Guidelines instruct agencies that the General Counsel, Division of the agencies to provide a fee waiver for they may not require a requester to Secretariat’’ or ‘‘Division of the search and duplication fees for certain make an advance payment unless: (1) Secretariat.’’ categories of requesters in increments of The agency estimates that the allowable the first 100 pages of duplication and charges the requester may be required to IV. Proposed Amendment Concerning the first 2 hours of search, rather than pay are likely to exceed $250, in which Appeals in dollar amounts. 5 U.S.C. case they should notify the requester of Delegation of Authority. The current 552(a)(4)(A)(iv). This proposed the likely cost and obtain satisfactory regulations are inconsistent regarding rulemaking would incorporate more assurance of full payment where the the delegation of authority to review clearly this statutory requirement into requester has a history of prompt and respond to FOIA appeals. This NPR proposed § 1015.9(g), consistent with payment of FOIA fees, or require proposes changes to §§ 1015.1(d),

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1015.4, and 1015.7(e), to clarify that the VI. Miscellaneous Amendments Staff’s analysis compared the number of Chairman delegates to the CPSC’s To ensure proper routing of new FOIA fiscal year (FY) 2018 FOIA requesters to General Counsel the responsibility of requests and appeals, CPSC’s FOIA the number of small entities in the reviewing and responding to FOIA Office created a separate email address relevant North American Industrial appeals. Previously, the Commission for the submission of new FOIA Classification System (NAICS) sectors, and staff found there is unlikely to be issued this delegation by final rule in requests and appeals. That address is a substantial number of small entities 1985, 50 FR 7753 (February 26, 1985), [email protected]. impacted by the proposed rule. but did not codify the change in other Accordingly, the proposed rule would Moreover, the impact on relevant FOIA provisions. update §§ 1015.3(a) and 1015.7(a) to noncommercial entities would remain specify the proper email addresses to Remands. Proposed § 1015.7(c) essentially unchanged, unless submit new requests and appeals. codifies the existing practice of the noncommercial requesters opt to receive General Counsel remanding FOIA VII. Environmental Considerations their documents in paper format, rather appeals to the Chief FOIA Officer, if the than electronically. The costs for General Counsel decides to grant the The CPSC’s regulations address whether the agency is required to commercial firms has increased more appeal in whole or in part, and upon than for other entities. However, prepare an environmental assessment or remand, the existing practice of the requesters would be alerted if costs were an environmental impact statement. 16 Chief FOIA Officer providing the expected to be greater than $25, and CFR part 1021. These regulations records to the requester in accordance commercial firms would be expected to provide a categorical exclusion for with the General Counsel’s decision. proceed with the request (in whole or in certain CPSC actions that normally have part), only if the perceived benefit at V. Broadening the Scope of FOIA ‘‘little or no potential for affecting the least balanced the cost. Additionally, human environment.’’ 16 CFR Exemptions Under 16 CFR 1015.20. requesting firms can avoid duplication 1021.5(c)(1). This proposed rule falls costs by electing to receive the Currently, 16 CFR 1015.5(h) states within the categorical exclusion. that the CPSC ‘‘may be unable to requested documents electronically. comply with the time limits set forth in VIII. Regulatory Flexibility Act CPSC solicits comments on any economic impact of the proposed rule § 1015.5 when disclosure of documents Under section 603 of the Regulatory and any possible regulatory alternatives responsive to a request under this part Flexibility Act (RFA), when the to reduce the economic impact, if any, is subject to the requirements of section Administrative Procedure Act (APA) or while fully implementing the FOIA and 6(b) of the Consumer Product Safety another law requires an agency to the CPSC’s statutory mandate. The Act.’’ However, the regulation does not publish a general notice of proposed CPSC will consider any such comments take into account that, due to statutory rulemaking, the agency must prepare an before promulgating the proposed rule initial regulatory flexibility analysis obligations, the CPSC also may be in final form. unable to comply with the time limits (IFRA), assessing the economic impact set forth in 16 CFR 1015.5, when of the proposed rule on small entities, IX. Paperwork Reduction Act disclosure of documents responsive to a or certify that the rule will not have a The Paperwork Reduction Act (PRA) request is subject to section 6(a) of the significant economic impact on a establishes certain requirements when Consumer Product Safety Act. As such, substantial number of small entities. 5 an agency conducts or sponsors a the CPSC proposes to amend 16 CFR U.S.C. 603(a), 605. The APA does not ‘‘collection of information.’’ 44 U.S.C. 1015.5(h) to conform to the statute, by require a general notice of proposed 3501–3520. The proposed rule would replacing the phrase, ‘‘section 6(b) of the rulemaking in this case because the amend CPSC’s rule to make additional Consumer Product Safety Act, 15 U.S.C. proposed rule is ‘‘a rule of agency changes to conform to the FOIA 2055(b),’’ with ‘‘section 6 of the organization, procedure or practice.’’ 5 Improvement Act of 2016, update Consumer Product Safety Act, 15 U.S.C. U.S.C. 553. Nor does CPSC believe that certain CPSC’s procedures by codifying 2055.’’ a general notice of proposed rulemaking them, and make other technical changes is required by the FOIA statute in this Additionally, current 16 CFR 1015.20, and corrections. The proposed rule case. The 1976 FOIA statute originally would not impose any information- which addresses the release of accident required each agency to ‘‘promulgate or investigation reports, only allows for collection requirements. The existing regulations, pursuant to notice and rule and the proposed revisions do not the application of the investigatory file receipt of comment, specifying the require or request information from FOIA exemption, and the redaction of schedule of fees applicable to the firms; but rather, they explain CPSC’s the names of injured persons and the processing of requests under [FOIA] and FOIA procedures. Thus, the PRA is not persons who treated the injured, establishing procedures and guidelines implicated in this proposed rulemaking. pursuant to CPSA Section 25(c). Current for determining when such fees should CPSC practice, however, is to redact all be waived or reduced.’’ 5 U.S.C. X. Executive Order 12988 (Preemption) personally identifiable information, 552(a)(4)(A)(i). However, the FOIA According to Executive Order 12988 including the names of injured persons statute does not require that subsequent (February 5, 1996), agencies must state and the persons who treated them, as amendments to the fee schedules or in clear language the preemptive effect, well as the names of other persons waiver rules be issued pursuant to if any, of new regulations. Section 26 of incidental to a consumer complaint, notice and comment. Therefore, the the CPSA explains the preemptive effect pursuant to FOIA exemption (b)(6). See RFA does not appear to be triggered, of consumer product safety standards 5 U.S.C. 552(b)(b)(6). Rather than limit either under the APA or the FOIA law, issued under the CPSA. 15 U.S.C. 2075. the applicable FOIA exemptions to the even though CPSC is voluntarily The proposed rule is not a consumer investigatory file exemption only, this following notice-and-comment product safety standard, but rather, the NPR proposes to amend § 1015.20(a) to procedures in this instance. proposed rule would revise a rule of clarify that accident and investigation Nevertheless, CPSC staff reviewed the agency practice and procedure by reports are subject to all applicable potential impact of the proposed making revisions and corrections to the FOIA exemptions. changes in this rule on small entities. agency’s FOIA fee regulations.

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Therefore, section 26 of the CPSA PART 1015—PROCEDURES FOR (2) Because of the nature of their would not apply to this rulemaking. DISCLOSURE OR PRODUCTION OF subject matter, the FOIA Office determines have become or are likely to XI. Effective Date INFORMATION UNDER THE FREEDOM OF INFORMATION ACT become the subject of subsequent In accordance with the APA’s general requests for substantially the same requirement that the effective date of a ■ 1. The authority citation for part 1015 records; or rule be at least 30 days after publication continues to read as follows: (3) That have been requested three or of the final rule, the Commission Authority: 15 U.S.C. 2051–2084; 15 U.S.C. more times. proposes that the effective date be 30 1261–1278; 15 U.S.C. 1471–1476; 15 U.S.C. § 1015.3 [Amended] days after the date of publication of a 1211–1214; 15 U.S.C. 1191–1204; 15 U.S.C. ■ final rule in the Federal Register. 5 8001–8008; Pub. L. 110–278, 122 Stat. 2602; 4. Amend § 1015.3 by: ■ U.S.C. 553(d). 5 U.S.C. 552. a. Removing the word ‘‘Secretariat’’ and adding in its place the words ‘‘Chief XII. Request for Comments ■ 2. Amend § 1015.1 by: ■ FOIA Officer’’ in paragraph (a); a. Removing the words ‘‘Secretariat of ■ b. Removing the designation ‘‘cpsc- The Commission requests comments the Commission’’ and adding in their on all aspects of the proposed rule. The [email protected]’’ and adding in its place place ‘‘Assistant General Counsel, Office the designation ‘‘cpscfoiarequests@ Commission specifically solicits of the General Counsel, Division of the comments on the following questions: cpsc.gov’’ in paragraph (a) ; and Æ Secretariat’’ in paragraph (c); and ■ c. Removing the word ‘‘Secretariat’’ How would the proposed rule ■ b. Adding paragraph (d) to read as improve or impede the agency’s and adding in its place the words ‘‘Chief follows: FOIA Officer’’ in paragraphs (d) and (e). efficiency and transparency in ■ providing information to the public? § 1051.1 Purpose and scope. 5. Revise § 1015.4 to read as follows: Æ How can the agency improve its * * * * * § 1015.4 Responses to requests for FOIA fee practices and procedures, (d) The General Counsel is the records; responsibility. consistent with the FOIA and the OMB designated head of the Commission’s The ultimate responsibility for Fee Guidelines? FOIA Appeals Office who, subject to the responding to requests for records is Æ Is the CPSC using the most efficient authority of the Chairman, is vested in the Chief FOIA Officer of the and least costly methods to comply with responsible for reviewing and Consumer Product Safety Commission. requests for documents made under the responding to appeals from denials or The Chief FOIA Officer, or delegate of FOIA? partial denials of requests for records Æ the Chief FOIA Officer, may respond Are there more accurate methods under this chapter. directly, or forward the request to any for calculating the CPSC’s direct costs of ■ 3. Revise § 1015.2 to read as follows: other office of the CPSC for response. providing FOIA services, consistent § 1015.2 Public inspection. The Chief FOIA Officer’s response shall with the FOIA and the OMB Fee be in the form set forth in § 1015.7(d), Guidelines? If so, what are they? (a) The Consumer Product Safety Æ for action on appeal. If no response is Does the proposed rule, including Commission (CPSC) will maintain in a made by the FOIA Office within 20 the proposed fee structure, provide public reference room or area the working days, or any extension of the sufficient transparency to the public to materials relating to the CPSC that are 20-day period, the requester and the understand the procedures and costs required by 5 U.S.C. 552(a)(2) and General Counsel or delegate of the associated with making FOIA requests? 552(a)(5) to be made available for public General Counsel may take the action Æ Does the proposed rule sufficiently inspection in an electronic format. The specified in § 1015.7(e). address the process that will be used to principal location will be in the Office ■ 6. Amend § 1015.5 by revising determine, document, and notify a of the General Counsel, Division of the paragraphs (a) through (d), (f), (g) requester of a waiver or reduction of Secretariat. The address of this office is: introductory text, (g)(1) introductory fees, including, but not limited to, the Office of the General Counsel, Division text, (g) (3) through (5), and (h) to read public interest waiver in of the Secretariat, Consumer Product as follows: §§ 1015.9(g)(4)–(5)? Safety Commission, Room 820, 4330 Æ Is the proposed rule, including the East West Highway, Bethesda, MD § 1015.5 Time limitation on responses to proposed fee structure, compliant with 20814. requests for records and requests for the FOIA, the OMB Fee Guidelines, and (b) The CPSC will maintain an expedited processing. all other applicable laws and electronic reading room on the internet (a) The Chief FOIA Officer, or regulations? at https://www.cpsc.gov for records that delegate of the Chief FOIA Officer, shall Comments should be submitted in are required by 5 U.S.C. 552(a)(2) to be respond to all written requests for accordance with the instructions in the available by computer records within twenty (20) working days ADDRESSES section at the beginning of telecommunications. Records that the (excepting Saturdays, Sundays, and this document. Written comments must FOIA requires CPSC to make available legal public holidays). The time be received by June 30, 2020. for public inspection in an electronic limitations on responses to requests for records submitted by mail shall begin to List of Subjects in 16 CFR 1015 format may be accessed through the CPSC’s FOIA web page, which is run at the time a request for records is Administrative practice and accessible by visiting: https:// received and date-stamped by the Office procedure, Consumer protection, www.cpsc.gov. of the General Counsel, Division of the Disclosure of information, Freedom of (c) Subject to the requirements of Secretariat. The Office of the General information. Section 6 of the CPSA, the CPSC will Counsel, Division of the Secretariat In accordance with the provisions of make available for public inspection in shall date-stamp the request the same 5 U.S.C. 553 and the authority in the an electronic format copies of all day that it receives the request. The time Consumer Product Safety Act, 15 U.S.C. records, regardless of form or format, limitations on responses to requests for 2051 et seq., CPSC proposes to amend which: records submitted electronically during part 1015 of Title 16, Chapter II, of the (1) Have been released to any person working hours (8 a.m. to 4:30 p.m. EST) Code of Federal Regulations, as follows: under 5 U.S.C. 552(a)(3); shall begin to run at the time the request

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was electronically received, and the (g) The Chief FOIA Officer, or § 1015.7 Appeals from initial denials. time limitations on responses to delegate of the Chief FOIA Officer, will (a) When the Chief FOIA Officer, or requests for records submitted provide expedited processing of delegate of the Chief FOIA Officer, has electronically during non-working hours requests in cases where the requester denied a request for records in whole or will begin to run when working hours requests expedited processing and in part, the requester may, within 90 resume. demonstrates a compelling need for calendar days after the date of the denial (b) The time for responding to such processing. or partial denial, appeal the denial to requests for records may be extended by (1) The term ‘‘compelling need’’ the Office of the General Counsel of the the Chief FOIA Officer at the initial means: Consumer Product Safety Commission, stage, or by the General Counsel, at the * * * * * attention: Division of the Secretariat. appellate stage, up to an additional ten Appeals may be submitted through any (3) The Chief FOIA Officer or delegate (10) working days under the following of the following methods: the e-FOIA of the Chief FOIA Officer will determine unusual circumstances: Public Access Link at https:// whether to grant a request for expedited (1) The need to search for and collect www.cpsc.gov; email to processing and will notify the requester the requested records from field [email protected]; U.S. mail to of such determination within ten (10) facilities or other establishments that are 4330 East West Highway, Room 820, calendar days of receipt of the request. separate from the Office of the General Bethesda, MD 20814; or by facsimile to Counsel, Division of the Secretariat; (4) Denials of requests for expedited 301–504–0127. To facilitate handling, (2) The need to search for, collect, and processing may be appealed to the the requester should mark both the appropriately examine a voluminous Office of the General Counsel, as set appeal letter and envelope, or subject amount of separate and distinct records forth in § 1015.7 of this part. The line of the electronic transmission, that are demanded in a single request; General Counsel will expeditiously ‘‘Freedom of Information Act Appeal.’’ or determine any such appeal. (b) The General Counsel will act upon (3) The need to consult, which shall (5) The Chief FOIA Officer, or an appeal within 20 working days of its be conducted with all practicable speed, delegate of the Chief FOIA Officer, will receipt. The time limitations on an with another agency having a process, as soon as is practicable, the appeal submitted by mail shall begin to substantial interest in the determination documents responsive to a request for run at the time an appeal is received of the request, or among two or more which expedited processing is granted. and date-stamped by the Division of the components of the CPSC having (h) The Chief FOIA Officer may be Secretariat. The Division of the substantial subject matter interest. unable to comply with the time limits Secretariat will date-stamp the appeal (c) Any extension of time must be set forth in paragraphs (a) through (d) of the same day that it receives the appeal. accompanied by written notice to the this section when disclosure of The time limitations on an appeal person making the request, setting forth documents responsive to a request submitted electronically during working the reason(s) for such extension, and the under this part is subject to the hours (8 a.m. to 4:30 p.m. EST) shall time within which a response is requirements of section 6 of the begin to run at the time the appeal is expected. Consumer Product Safety Act, 15 U.S.C. received electronically; and the time (d) If the Chief FOIA Officer at the 2055, and the regulations implementing limitations on appeals submitted initial stage, or the General Counsel at that section, 16 CFR part 1101. The electronically during non-working hours the appellate stage, determines that an Chief FOIA Officer, or delegate of the will begin to run when working hours extension of time greater than ten (10) Chief FOIA Officer, will notify resume. (c) After reviewing the appeal, the working days is necessary to respond to requesters whose requests will be General Counsel will issue a decision to a request satisfying the ‘‘unusual delayed for this reason. either grant or deny the appeal, in circumstances’’ specified in paragraph ■ 7. Amend § 1015.6 by: whole or in part. If the General Counsel (b) of this section, the Chief FOIA ■ a. Removing the word ‘‘Secretariat’’ decides to grant the appeal in whole or Officer, or the General Counsel, shall and adding in its place the words ‘‘Chief in part, the General Counsel will inform notify the requester and give the FOIA Officer’’ in paragraphs (a) and (b) the requester and submitter of the requester the opportunity to: introductory text; information, in accordance with (1) Limit the scope of the request so ■ b. Revising paragraph (b)(4); and §§ 1015.6(a) and 1015.18(b). Thereafter, that it may be processed within the time ■ c. Removing the word ‘‘Secretariat’’ the Chief FOIA Officer will provide the limit prescribed in paragraph (b) of this records in accordance with the General section; or and adding in its place the words ‘‘Chief FOIA Officer’’ in paragraph (c). Counsel’s decision. (2) Arrange with the Chief FOIA (d) The General Counsel shall have The revision reads as follows: Officer, or the General Counsel, an the authority to grant or deny all alternative time frame for processing the § 1015.6 Responses: Form and content. appeals and, as an exercise of request or a modified request. * * * * * discretion, to disclose records exempt * * * * * (b) * * * from mandatory disclosure under 5 (f) The Chief FOIA Officer, or delegate U.S.C. 552(b). In unusual or difficult of the Chief FOIA Officer, may aggregate (4) A statement that the denial may be cases, the General Counsel may, in his/ and process as a single request, requests appealed to the General Counsel, as her discretion, refer an appeal to the by the same requester, or a group of specified in § 1015.1(d). Any such Chairman for determination. requesters acting in concert, if the Chief appeal must be made within 90 calendar (e) The General Counsel’s action on FOIA Officer, or delegate, reasonably days after the date of the Chief FOIA appeal shall be in writing, shall be believes that the requests actually Officer, or delegate of the Chief FOIA signed by the General Counsel, and constitute a single request that would Officer’s, denial or partial denial. shall constitute final agency action. A otherwise satisfy the ‘‘unusual * * * * * denial in whole or in part of a request circumstances’’ specified in paragraph ■ 8. Amend § 1015.7 by revising the on appeal shall set forth the exemption (b) of this section, and the requests section heading, and paragraphs (a) relied upon; a brief explanation, involve clearly related matters. through (e) and (g), to read as follows: consistent with the purpose of the

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exemption, of how the exemption assessed on a quarter-hour basis, be be assessed will exceed $25, the FOIA applies to the records withheld; and the calculated and published annually, and Office shall promptly notify the reasons for asserting it. The decision are available to the public on the CPSC’s requester of the actual or estimated will inform the requester of the right to FOIA web page at https://www.cpsc.gov amount of the fees, including a seek dispute resolution services from and from the Office of the General breakdown of the fees for search, CPSC’s FOIA Liaison or the Office of Counsel, Division of the Secretariat, review, and duplication, if applicable, Government Information Services. A Consumer Product Safety Commission, and any applicable fee waivers that denial in whole or in part shall also Room 820, 4330 East West Highway, would apply to the request, unless the inform the requester of his/her right to Bethesda, MD 20814. requester has indicated a willingness to seek judicial review of the General (2) Searches. Fees for searches are pay fees as high as those anticipated. Counsel’s final determination in a assessed on a quarter-hour basis. The The notice shall specify that the United States district court, as specified exact fees for searches are calculated requester may confer with agency staff in 5 U.S.C. 552(a)(4)(B). and published annually and are with the objective of reformulating the (f) * * * available to the public on the CPSC’s request to meet the requester’s needs at (g) Copies of all appeals and copies of FOIA web page at https://www.cpsc.gov a lower cost. If only a portion of the fee all actions on appeal shall be furnished and from the Office of the General can be estimated readily, the FOIA to and maintained in a public file by the Counsel, Division of the Secretariat, Office will advise the requester Office of the General Counsel, Division Consumer Product Safety Commission, accordingly. If the request is not from a of the Secretariat. Room 820, 4330 East West Highway, commercial use requester, the notice ■ 9. Amend § 1015.9 by: Bethesda, MD 20814. shall specify that the requester is ■ b. Revising paragraphs (a) and (e) (i) Manual file searches: Manual entitled to the statutory waivers of 100 through (g); and search fees are calculated using the pages of duplication at no charge and, ■ c. Adding paragraphs (h) and (i). basic hourly pay rate of the average if the requester is charged search fees, The revisions and additions read as grade and step of employees who two hours of search time at no charge. follows: charged hours in this category (GS 14/ (2) When a requester has been 7), plus 16 percent to account for the provided notice of anticipated fees in § 1015.9 Fees for production of records. cost of benefits. excess of $25, the FOIA Office shall toll (a) The CPSC will provide, at no (ii) Computer searches. Computer processing of the request and further charge, certain routine information. For search fees are calculated using the work will not be completed until the other CPSC responses to information basic hourly pay rate of the average requester commits in writing to pay the requests, the Chief FOIA Officer, or the grade and step of employees who actual or estimated total fee, or delegate of the Chief FOIA Officer, shall charged hours in this category (GS 12/ designates the amount of fees the determine and levy fees for duplication, 4), plus 16 percent to account for the requester is willing to pay. In the case search, review, and other services, in cost of benefits,. of a requester who is not a commercial accordance with this section. (3) Review. Fees for review are requester, the requester may designate * * * * * assessed on a quarter-hour basis. The that the requester seeks only those (e) The following fee schedule will exact fee for review is calculated and services that can be provided in apply: published annually and is available to paragraphs (g)(2) and (3) of this section, (1) Duplication. (i) Manual the public on the CPSC’s FOIA web without charge. The CPSC is not photocopies: $0.15 per page. page at https://www.cpsc.gov and from required to accept payment in (ii) Computer printouts that are sent the Office of the General Counsel, installments. from a computer to a printer or Division of the Secretariat, Consumer (3) If the requester has committed to photocopier machine: $0.15 per page. Product Safety Commission, Room 820, pay a designated amount of fees, but the (iii) Compact discs, DVDs, or other 4330 East West Highway, Bethesda, MD FOIA Office determines or estimates similar media duplications: direct-cost 20814. The review fee is calculated that the total fee will exceed that basis. The exact fees for duplication of using the basic hourly pay rate of the amount, the FOIA Office shall toll records on these forms of media will be average grade and step of employees processing of the request and notify the calculated and published annually and who charged hours in this category (GS requester of the actual or estimated fees are available to the public on the CPSC’s 12/9), plus 16 percent to account for the in excess of the requester’s commitment. FOIA web page at https://www.cpsc.gov cost of benefits. Fees for reviewing The FOIA Office shall inquire whether and from the Office of the General records will only be charged to the requester wishes to revise the Counsel, Division of the Secretariat, commercial requesters. amount of fees the requester is willing Consumer Product Safety Commission, (4) Postage. If the requester wants to pay or modify the request. Once the Room 820, 4330 East West Highway, special handling or if the volume or requester responds, the administrative Bethesda, MD 20814. dimensions of the materials requires time limits in § 1015.5 will resume. (iv) There is no duplication fee for special handling, the FOIA Office will (4) The Chief FOIA Officer shall make producing records provided to charge the direct cost of mailing such available the FOIA Public Liaison to requesters in electronic format. requested materials. assist requesters in reformulating a (v) Requesters may request and be (5) Other charges. (i) Materials request to meet the requester’s needs at provided records in any format that is requiring special reproducing or a lower cost. readily reproducible by the agency, handling, such as photographs, slides, (5) If a requester does not commit in including electronic format. blueprints, video and audio tape writing to pay the actual or estimated (vi) When records available only in recordings, or other similar media: total fee or designate in writing the paper format must be scanned to direct-cost basis. amount of fees the requester is willing comply with a requester’s preference to (ii) Any other service: direct-cost to pay within 30 working days from the receive records in an electronic format, basis. date of the notification letter, the the requester must pay the direct costs (f) Notice of anticipated fees in excess request shall be closed. The FOIA Office of scanning those materials. The exact of $25. (1) When the FOIA Office shall notify the requester that the fees for scanning these materials will be determines or estimates that the fees to request has been closed.

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(6) Any adverse determination made requester to the General Counsel, in the scientific institutions, and by the Chief FOIA Officer, or the manner described at § 1015.7. representatives of the news media; and designee of the Chief FOIA Officer, (g) Fee waivers: There are three all other requesters, including members concerning a dispute over actual or categories of requesters: Commercial; of the general public. estimated fees may be appealed by the educational institutions, noncommercial

Requester category Search Review Duplication

Commercial (including law firms) ...... Fee ...... Fee ...... Fee. Educational, noncommercial scientific in- No Fee ...... No Fee ...... Fee after first 100 pages. stitutions, or news media. All other requesters (including members Fee After First 2 Hours ...... No Fee ...... Fee after first 100 pages. of the general public).

Fees shall be waived as follows: would be furthered by the requested (8) Any determination made by the (1) No automatic fee waiver shall disclosure; and, if so Chief FOIA Officer, or the designee of apply to commercial-use requests. (vi) The primary interest in the Chief FOIA Officer, concerning fee (2) The first 100 pages of duplication disclosure: Whether the magnitude of waivers may be appealed by the shall be waived for requests from the the identified commercial interest of the requester to the General Counsel, in the categories of educational institutions, requester is sufficiently large, in manner described at § 1015.7. noncommercial scientific institutions, comparison with the public interest in (h) Collection of fees. Collection of representatives of the news media, and disclosure, that disclosure is primarily fees shall be in accordance with the all other requesters (including members in the commercial interest of the following: of the general public). requester. (1) Interest will be charged on (3) The first 2 hours of search time (6) Search fees shall be waived for all amounts billed, starting on the 31st day shall be waived for the category of all requests and duplication fees shall be following the day on which the other requesters (including members of waived for requests from educational requester receives the bill. Interest will the general public). institutions, noncommercial scientific be charged at the rate prescribed in 31 (4) The Chief FOIA Officer, or a institutions, and representatives of the U.S.C. 3717. designee of the Chief FOIA Officer, shall news media, if the FOIA Office fails to (2) Search fees may be charged, even waive or reduce fees whenever comply with any time limit under if no responsive documents are located, disclosure of the requested information §§ 1015.5(a), (g)(3), 1015.7(b), and 5 or if the search leads to responsive is in the public interest because it is U.S.C. 552(a)(6), other than the documents that are withheld under an likely to contribute significantly to exceptions stated in 5 U.S.C. exemption to the Freedom of public understanding of the operations 552(a)(4)(A)(viii)(ll). Those exceptions Information Act. or activities of the government, and include: (3) The FOIA Office may aggregate disclosure of the requested information (i) If the FOIA Office has determined requests, for the purposes of billing, is not primarily in the commercial that unusual circumstances, as defined whenever it reasonably believes that a interest of the requester. in § 1015.5(b) apply, and the FOIA requester, or, on rare occasions, a group (5) In making a determination under Office provided timely written notice to of requesters, is attempting to separate paragraph (g)(4) of this section, the the requester, as required by § 1015.5(c) a request into more than one request to Chief FOIA Officer, or designee of the or § 1015.7(f), then failure to comply evade fees. The FOIA Office shall not Chief FOIA Officer, shall consider the with the time limit in §§ 1015.5(a), aggregate multiple requests on unrelated following factors: (g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6) subjects from one requester. (i) The subject of the request: whether is excused for 10 additional working (i) Advance payment of fees. (1) For the subject of the requested records days; or requests other than those described in concerns the operations or activities of (ii) If the FOIA Office has determined paragraphs (i)(2) and (3) of this section, the government. that ‘‘unusual circumstances,’’ as the FOIA Office shall not require a (ii) The informative value of the defined in § 1015.5(b) apply, and more requester to make advance payment information to be disclosed: whether the than 5,000 pages are necessary to (i.e., payment made before the FOIA disclosure is likely to contribute to an respond to the request, and the FOIA Office commences or continues work on understanding of government operations Office has provided timely written a request). Payment owed for work or activities. notice in accordance with §§ 1015.5(c) already completed (i.e., payment before (iii) The contribution to an and (e), and the FOIA Office has copies are sent to a requester) does not understanding of the subject by the discussed with the requester via written constitute an advance payment for general public likely to result from mail, email, or telephone (or made not purposes of this rule. disclosure: whether disclosure of the less than three good-faith efforts to do (2) When the FOIA Office determines requested information will contribute to so), how the requester could effectively or estimates that a total fee to be charged public understanding. limit the scope of the request; or under this section will exceed $250, and (iv) The significance of the (iii) If a court has determined that the requester has no history of payment, contribution to public understanding: exceptional circumstances exist, as the FOIA Office shall notify the Whether the disclosure is likely to defined in 5 U.S.C. 552(a)(6)(C), then requester of the actual or estimated fee contribute significantly to public failure to comply with §§ 1015.5(a), and may require the requester to make understanding of government operations (g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6) an advance payment of the entire or activities. shall be excused for the length of time anticipated fee before beginning to (v) The existence and magnitude of a provided by the court order. process the request. A notice under this commercial interest: Whether the (7) No fee will be charged when the paragraph shall offer the requester an requester has a commercial interest that total fee is equal to or less than $25. opportunity to discuss the matter with

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FOIA Office staff to modify the request renew a preparer tax identification A. User Fee Authority to meet the requester’s needs at a lower number (PTIN) and affect individuals The Independent Offices cost. who apply for or renew a PTIN. The Appropriations Act of 1952 (IOAA), (3) When a requester has previously Independent Offices Appropriations Act which is codified at 31 U.S.C. 9701, failed to pay a properly charged FOIA of 1952 authorizes the charging of user authorizes agencies to prescribe fee to the CPSC within 30 calendar days fees. regulations that establish user fees for of the date of billing, the FOIA Office DATES: Written or electronic comments services provided by the agency. The may notify the requester that the and requests for a public hearing must IOAA provides that regulations requester is required to pay the full be received by May 18, 2020. Requests implementing user fees are subject to amount owed, plus any applicable for a public hearing must be submitted policies prescribed by the President; interest, and to make an advance as prescribed in the ‘‘Comments and these policies are set forth in the Office payment of the full amount of any Requests for a Public Hearing’’ section. of Management and Budget (OMB) anticipated fee, before the FOIA Office ADDRESSES: Commenters are strongly Circular A–25, 58 FR 38142 (July 15, begins to process a new request or encouraged to submit public comments 1993) (OMB Circular A–25). continues processing a pending request electronically. Submit electronic Under OMB Circular A–25, Federal from that requester. submissions via the Federal agencies that provide services that (4) When the CPSC FOIA Office eRulemaking Portal at confer benefits on identifiable recipients requires advance payment, the FOIA www.regulations.gov (indicate IRS and are to establish user fees that recover the Office will not further process the REG–117138–17) by following the full cost of providing the service. An request until the required payment is online instructions for submitting agency that seeks to impose a user fee made. The FOIA Office will toll the comments. Once submitted to the for government-provided services must processing of the request while it Federal eRulemaking Portal, comments calculate the full cost of providing those notifies the requester of the advanced cannot be edited or withdrawn. The IRS services. In general, a user fee should be payment due, and the administrative expects to have limited personnel set at an amount that allows the agency time limits in § 1015.5 will begin only available to process public comments to recover the direct and indirect costs after the agency has received the that are submitted on paper through of providing the service, unless the advance payments. If the requester does mail. Until further notice, any OMB grants an exception. OMB Circular not pay the advance payment within 30 comments submitted on paper will be A–25 provides that agencies are to calendar days from the date of the FOIA considered to the extent practicable. review user fees biennially and update Office’s fee notice, the FOIA Office will The Department of the Treasury them as necessary. presume that the requester is no longer (Treasury Department) and the IRS will interested in the records and notify the publish for public availability any B. PTIN Requirement requester that the request has been comment submitted electronically, and Section 6109(a)(4) of the Internal closed. to the extent practicable on paper, to its Revenue Code authorizes the Secretary § 1015.20 [Amended] public docket. of the Treasury or his delegate to ■ Send paper submissions to: prescribe regulations for the inclusion of 10. Amend § 1015.20 by removing the CC:PA:LPD:PR (REG–117138–17), room phrase ‘‘the investigatory file a tax return preparer’s identifying 5203, Internal Revenue Service, P.O. number on a return, statement, or other exemption’’ and adding in its place the Box 7604, Ben Franklin Station, word ‘‘exemptions’’ in paragraph (a). document required to be filed with the Washington, DC 20044. IRS. On September 30, 2010, the Alberta E. Mills FOR FURTHER INFORMATION CONTACT: Treasury Department and the IRS Secretary, Consumer Product Safety Concerning the proposed regulations, published final regulations under Commission. Michael A. Franklin at (202) 317–6844; section 6109 (REG–134235–08) in the [FR Doc. 2020–07558 Filed 4–15–20; 8:45 am] concerning cost methodology, Michael Federal Register (TD 9501) (75 FR BILLING CODE 6355–01–P A. Weber at (202) 803–9738; concerning 60315) (PTIN regulations) to provide submissions of comments and/or that, for returns or claims for refund requests for a public hearing, Regina filed after December 31, 2010, the DEPARTMENT OF THE TREASURY Johnson, (202) 317–5177 (not toll-free identifying number of a tax return numbers). preparer is the individual’s PTIN or Internal Revenue Service SUPPLEMENTARY INFORMATION: such other number prescribed by the IRS in forms, instructions, or other 26 CFR Part 300 Background and Explanation of appropriate guidance. The PTIN Provisions [REG–117138–17] regulations require a tax return preparer This document contains proposed who prepares or who assists in RIN 1545–BP43 amendments to 26 CFR part 300 preparing all or substantially all of a tax regarding user fees. return or claim for refund after Preparer Tax Identification Number Regulations require a tax return December 31, 2010 to have a PTIN. (PTIN) User Fee Update preparer who prepares all or The PTIN regulations also state that AGENCY: Internal Revenue Service (IRS), substantially all of a tax return or claim the IRS will set forth in forms, Treasury. for refund to provide a PTIN as their instructions, or other appropriate ACTION: Notice of proposed rulemaking. identifying number on any tax return or guidance PTIN application and renewal claim for refund prepared for procedures, including the requirement SUMMARY: This document contains compensation. To account for its costs to pay a user fee to obtain or renew a proposed amendments to the of providing PTIN application and PTIN. Pursuant to the authority granted regulations relating to the imposition of renewal services, the IRS charges a user in section 6109(c) and in accordance certain user fees on tax return preparers. fee to apply for or renew a PTIN. This with § 1.6109–2(d) of the PTIN The proposed regulations reduce the proposal would reduce the user fee from regulations, the IRS has set forth amount of the user fee to apply for or $33 per application or renewal to $21. application and renewal procedures in

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Form W–12, IRS Paid Preparer Tax established a $50 user fee to apply for years of the program; and the fact that Identification Number (PTIN) or renew a PTIN, in addition to a certain activities that would have been Application and Renewal, and the Form portion payable directly to the conducted in relation to registered tax W–12 Instructions. Individuals may also contractor, which was $14.25 for new return preparers would not be apply for or renew a PTIN and pay the applications and $13 for renewal performed. In particular, the user fee online at irs.gov/ptin. The applications. The $50 user fee was determination of the user fee no longer annual PTIN application and renewal based on an annual PTIN renewal included expenses for personnel who period generally begins in the fall of the period and an estimate that 1.2 million performed functions primarily related to year preceding the filing season to individuals would be applying for or continuing education and testing for which the PTIN relates. renewing a PTIN each year. registered tax return preparers. Section 1.6109–2(d) states that only The Treasury Department and the IRS Additionally, expenses related to individuals authorized to practice determined that a $50 user fee to apply personnel who performed continuing before the IRS under 31 U.S.C. 330 are for or renew a PTIN would recover the education and testing for enrolled eligible to obtain a PTIN. Under full direct and indirect costs that the agents and enrolled retirement plan § 1.6109–2(h), the IRS may prescribe in government would incur to administer agents were removed from the user fee. forms, instructions, or other appropriate the PTIN application and renewal In 2017, the IRS again conducted a guidance exceptions to the requirements process. As explained in the preamble biennial review of the PTIN user fee and of the PTIN regulations, including the to the initial PTIN user fee regulations, determined that the amount of the fee requirement that an individual must be the projected costs included the going forward should be reduced to $31 authorized to practice before the IRS to development and maintenance of the per application or renewal, plus an be eligible to receive a PTIN. On IRS information technology system that amount payable directly to a third-party December 30, 2010, the Treasury would interface with a third-party contractor. The reduction was primarily Department and the IRS released Notice contractor, the development and attributable to reductions in contract 2011–6 (2011–3 IRB 315 (Jan. 17, 2011)), maintenance of internal applications support costs and salary and benefits. which stated that, until December 31, that would have the capacity to process On June 1, 2017, before a notice of 2013, a provisional PTIN could be and administer the anticipated increase proposed rulemaking proposing to renewed upon proper application and in PTIN applications, and customer reduce the amount of the fee was issued, payment of the applicable user fee, even service support activities, which the IRS was enjoined from charging a if the individual holding the provisional included website development and PTIN user fee. In Steele v. United States, PTIN was not authorized to practice maintenance and call center staffing to 260 F. Supp. 3d 52 (D.D.C. 2017), the before the IRS. respond to questions regarding PTIN United States District Court for the On June 3, 2011, the Treasury usage and renewal. The $50 user fee was District of Columbia concluded that the Department and the IRS published in also determined to recover costs for Treasury Department and the IRS lacked the Federal Register (76 FR 32286) personnel, administrative, and the statutory authority to charge a PTIN amendments to Treasury Department management support needed to evaluate user fee and enjoined the IRS from Circular No. 230 (31 CFR part 10), to and address tax compliance issues of charging a PTIN user fee. The regulate all tax return preparers under individuals applying for and renewing a government filed an appeal and on 31 U.S.C. 330. In Loving v. IRS, 917 PTIN, to investigate and address March 1, 2019, the United States Court F.Supp.2d 67 (D.D.C. 2013), the district conduct and suitability issues, and of Appeals for the District of Columbia court concluded that the Treasury otherwise support and enforce the Circuit reversed the district court’s Department and the IRS lacked statutory programs that required an individual to decision and lifted the injunction authority to regulate tax return apply for and renew a PTIN. against charging the PTIN user fee. See preparation as practice before the IRS Pursuant to the guidelines in OMB Montrois v. United States, 916 F.3d under 31 U.S.C. 330 and enjoined the Circular A–25, the IRS re-calculated its 1056 (D.C. Cir. 2019) (holding that a Treasury Department and the IRS from costs associated with providing PTINs PTIN provides tax return preparers a enforcing the regulations issued under in 2015. The IRS determined that the specific benefit by allowing them to that section. The district court full cost of administering the PTIN provide an identifying number that is subsequently modified its order to program going forward was reduced not a social security number on returns clarify that the IRS’s authority to require from $50 to $33 per application or they prepare and stating that the that tax return preparers obtain a PTIN renewal, plus a $17 fee per application permissible amount of the fee would be is unaffected by the injunction. Loving or renewal payable directly to a third- the same regardless of whether the v. IRS, 920 F.Supp.2d 108, 109 (D.D.C. party contractor. Final regulations specific benefit was instead the ability 2013) (stating ‘‘Congress has specifically (REG–121496–15) published in the to prepare tax returns for authorized the PTIN scheme by statute Federal Register (TD 9781) (81 FR compensation). . . . [and that] scheme, therefore, does 52766) (2016 PTIN user fee regulations) The case is currently on remand in not fall within the scope of the on August 10, 2016, superseded and the United States District Court for the injunction and may proceed as adopted temporary regulations (TD District of Columbia regarding the promulgated.’’). The United States Court 9742) (80 FR 66794) and established the amount of the fee. Id. at 1068. of Appeals for the District of Columbia $33 annual user fee to apply for or Pursuant to the guidelines in OMB Circuit affirmed the district court’s renew a PTIN, plus $17 per application Circular A–25, the IRS has re-calculated decision and order for injunction. or renewal payable directly to a third- its cost of providing PTINs. The IRS has Loving v. IRS, 742 F.3d 1013 (D.C. Cir. party contractor. The reduction in the determined that the full cost of 2014). fee amount was attributable to several administering the PTIN program going factors, which included the reduced forward has been reduced to $21 per C. PTIN User Fee number of PTIN holders (approximately application or renewal, plus $14.95 Final regulations (REG–139343–08) 700,000) from the number originally payable directly to a third-party published in the Federal Register (TD projected (1.2 million) in 2010, which contractor. The government is 9503) (75 FR 60316) (initial PTIN user reduced associated costs; the absorption authorized to charge a PTIN user fee fee regulations) on September 30, 2010, of certain development costs in the early under the IOAA because, in exchange

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for the fee, it provides a service by activities related to the costs of issuing The rate was calculated based on the FY issuing and maintaining PTINs, which and renewing PTINs. The number of 2019 Statement of Net Cost as follows: provide tax return preparers a specific full-time employees is based on both benefit by allowing them to provide an current employment numbers and Total Indirect Costs ...... $4,006,706,430 identifying number that is not a social future hiring estimates. Other direct Total Direct Costs ...... ÷ $6,957,940,668 security number on returns and to costs associated with administering the prepare returns for compensation. PTIN program include contract costs Overhead Rate ...... 57.58% D. Calculation of User Fees Generally and travel, training, supplies, printing, E. Calculation of PTIN User Fee and other miscellaneous costs. The IRS follows generally accepted The IRS projected the direct costs accounting principles (GAAP) in 3. Overhead associated with the PTIN program for fiscal years 2020 through 2022. Direct calculating the full cost of administering When the indirect cost of a service or costs are incurred by the Return PTIN applications and renewals. The activity is not specifically identified Preparer Office (RPO) and include Federal Accounting Standards Advisory from the cost-accounting system, an staffing and other direct costs related to Board (FASAB) is the body that overhead rate is added to the administering the PTIN program. establishes GAAP that apply for Federal identifiable direct cost to arrive at full Staffing costs relate to conducting reporting entities, such as the IRS. cost. Overhead is an indirect cost of certain suitability checks, foreign FASAB publishes the FASAB Handbook operating an organization that is not preparer processing, handling of Accounting Standards and Other specifically identifiable with an activity. compliance and complaint activities, Pronouncements, as Amended (Current Overhead includes costs of resources information technology and contract- Handbook), available at https:// that are jointly or commonly consumed _ related support, communications, files.fasab.gov/pdffiles/2019 fasab- by one or more organizational unit’s budgeting and finance, and program handbook.pdf. Current Handbook activities but are not specifically oversight and support. The labor and includes the Statement of Federal identifiable to a single activity. benefits for the work performed related Financial Accounting Standards These costs can include: to the PTIN program is projected to be (SFFAS) No. 4: Managerial Cost • General management and $30,816,935 in total over fiscal years Accounting Concepts and Standards for administrative services of sustaining 2020 through 2022. Other direct costs the Federal Government. SFFAS No. 4 and supporting organizations. associated with administering the PTIN establishes internal costing standards to • Facilities management and ground accurately measure and manage the full program include contract costs and maintenance services (security, rent, travel, training, supplies, printing, and cost of Federal programs, and the utilities, and building maintenance). methodology below is in accordance • other miscellaneous costs. The total Procurement and contracting amount of these other direct costs over with SFFAS No. 4. services. • fiscal years 2020 through 2022 is 1. Cost Center Allocation Financial management and projected to be $463,750. Total direct The IRS determines the cost of its accounting services. costs for fiscal years 2020 through 2022 • Information technology services. services and the activities involved in • are therefore projected to be producing them through a cost- Services to acquire and operate $31,280,685. Adding overhead expenses accounting system that tracks costs to property, plants, and equipment. • to the total direct costs results in total organizational units. The lowest Publication, reproduction, and costs of $49,292,103 as shown below: organizational unit in the IRS’s cost- graphics and video services. • accounting system is a cost center. Cost Research, analytical, and statistical Total Direct Costs ...... $31,280,685 centers are usually separate offices that services. Overhead (57.58%) ...... $18,011,418 • are distinguished by subject-matter area Human resources/personnel of responsibility or geographic region. services. Total Direct Costs and • Overhead ...... $49,292,103 All costs of operating a cost center are Library and legal services. recorded in the IRS’s cost-accounting To calculate the overhead allocable to The number of users annually is system. The costs charged to a cost a service, the IRS multiplies an estimated to be 800,000, based on center are the direct costs for the cost overhead rate by the estimated direct numbers of PTIN holders in prior fiscal center’s activities in addition to costs. The IRS calculates the overhead years. Dividing the total cost by the allocated overhead. Some cost centers rate annually based on the Statement of projected population of users for fiscal work on different services across the IRS Net Cost included in the IRS annual years 2020 through 2022 results in a and are not fully devoted to the services financial statements. The financial cost per application of $21 as shown for which the IRS charges user fees. statements are audited by the below: Government Accountability Office. The 2. Cost Estimation of Direct Costs overhead rate is the ratio of the IRS’s Total Costs ...... $49,292,103 The IRS uses various cost- indirect costs divided by direct costs of Number of Applications .... ÷2,400,000 measurement techniques to estimate the its organizational units. Indirect costs cost attributable to the program. These are labor, benefits, and non-labor costs Cost Per Application ...... $21 techniques include using various (excluding IT related to taxpayer Taking into account the full amount timekeeping systems to measure the services, enforcement, and business of these costs, the amount of the PTIN time required to accomplish activities, system modernization) from the user fee per application or renewal is or using information provided by supporting and sustaining $21. The revised amount takes into subject-matter experts on the time organizational units. Direct costs are account a reduction in contract support devoted to a program. To determine the labor, benefits, and non-labor costs for costs, a reduction in the cost of salary labor and benefits cost incurred to the IRS’s organizational units that and benefits, and the current fiscal year provide the service of providing a PTIN, interact directly with taxpayers. overhead rate. the IRS estimated the number of full- For the PTIN user fee review, an A third-party contractor performs time employees required to conduct overhead rate of 57.58 percent was used. certain functions, including processing

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applications to obtain or renew a PTIN to the IRS as prescribed in the preamble final regulations in the Federal and operating a call center, and charges under the ADDRESSES section. The Register]. a reasonable fee, which will be set at Treasury Department and the IRS Sunita Lough, $14.95 per application or renewal, in request comments on all aspects of the addition to the amount charged by the proposed regulations. Any electronic Deputy Commissioner for Services and Enforcement. government. The third-party contractor comments submitted, and to the extent was chosen through a competitive practicable any paper comments [FR Doc. 2020–08055 Filed 4–15–20; 8:45 am] bidding process. The amount of the submitted, will be made available at BILLING CODE 4830–01–P contractor portion may change in 2021 www.regulations.gov or upon request. when the contract expires and will be A public hearing will be scheduled if DEPARTMENT OF THE TREASURY re-computed. requested in writing by any person who Special Analyses timely submits electronic or written Internal Revenue Service The OMB’s Office of Information and comments. Requests for a public hearing Regultory Analysis has determined that are also encouraged to be made 26 CFR Parts 1 and 301 electronically. If a public hearing is this regulation is significant and subject [REG–132529–17] to review under section 6(b) of scheduled, notice of the date and time Executive Order 12866. for the public hearing will be published RIN 1545–BO13 Pursuant to the Regulatory Flexibility in the Federal Register. Announcement Act (5 U.S.C. chapter 6), it is hereby 2020–4, 2020–17 IRB 1, provides that Computation and Reporting of certified that these proposed regulations until further notice, public hearings Reserves for Life Insurance will not have a significant economic conducted by the IRS will be held Companies; Correction telephonically. Any telephonic hearing impact on a substantial number of small AGENCY: will be made accessible to people with Internal Revenue Service (IRS), entities. The proposed regulations affect Treasury. all individuals who prepare or assist in disabilities. ACTION: Notice of proposed rulemaking; preparing all or substantially all of a tax Drafting Information return or claim for refund for correction. compensation. Only individuals, not The principal author of these SUMMARY: This document contains a businesses, can have a PTIN. Thus, the regulations is Michael A. Franklin, correction to the notice of proposed economic impact of these regulations on Office of the Associate Chief Counsel rulemaking that was published in the any small entity generally will be a (Procedure and Administration). Other Federal Register on Thursday, April 2, result of an individual tax return personnel from the Treasury 2020. The proposed regulations in the preparer who is required to have a PTIN Department and the IRS participated in notice of proposed rulemaking provide owning a small business or a small the development of the regulations. guidance on the computation of life business otherwise employing an List of Subjects in 26 CFR Part 300 insurance reserves and the change in individual tax return preparer who is basis of computing certain reserves of required to have a PTIN. The Treasury Reporting and recordkeeping insurance companies. Department and the IRS estimate that requirements, User fees. DATES: Written or electronic comments approximately 800,000 individuals will and requests for a public hearing are apply annually for an initial or renewal Proposed Amendments to the still being accepted and must be PTIN. Although the final regulations Regulations received by June 1, 2020. This will likely affect a substantial number of Accordingly, 26 CFR part 300 is correction is applicable on and after small entities, the economic impact on proposed to be amended as follows: April 2, 2020. those entities is not significant. The ADDRESSES: final regulations will establish a $21 fee PART 300—USER FEES Commenters are strongly per application or renewal (plus $14.95 encouraged to submit public comments electronically. Submit electronic payable directly to the contractor), ■ Paragraph 1. The authority citation which is a reduction from the submissions via the Federal for part 300 continues to read as eRulemaking Portal at previously established fee of $33 (plus follows: $17 payable directly to the contractor) www.regulations.gov (indicate IRS and per application or renewal and will not Authority: 31 U.S.C. 9701. REG–132529–17) by following the online instructions for submitting have a significant economic impact on ■ Par. 2. Section 300.12 is amended by comments. Once submitted to the a small entity. Accordingly, the revising paragraphs (b) and (d) to read Federal eRulemaking Portal, comments Secretary certifies that the rule will not as follows: have a significant economic impact on cannot be edited or withdrawn. The IRS a substantial number of small entities. § 300.12 Fee for obtaining a preparer tax expects to have limited personnel Pursuant to section 7805(f), this identification number. available to process public comments notice of proposed rulemaking has been * * * * * that are submitted on paper by mail. Until further notice, any comments submitted to the Chief Counsel of the (b) Fee. The fee to apply for or renew submitted on paper will be considered Office of Advocacy of the Small a preparer tax identification number is to the extent practicable. The Business Administration for comment $21 per year and is in addition to the Department of the Treasury (Treasury on its impact on small business. fee charged by the contractor. Department) and the IRS will publish Comments and Requests for a Public * * * * * for public availability any comment Hearing (d) Applicability date. This section submitted electronically, and to the Before these proposed amendments to applies to applications for or renewal of extent practicable on paper, to its public the regulations are adopted as final a preparer tax identification number docket. regulations, consideration will be given filed on or after [date that is 30 days Send paper submissions to: to comments that are submitted timely after these regulations are published as CC:PA:LPD:PR (REG–132529–17), Room

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5203, Internal Revenue Service, P.O. FOR FURTHER INFORMATION CONTACT: high calculated unit costs. Id. at 2–3. Box 7604, Ben Franklin Station, David A. Trissell, General Counsel, at The Postal Service explains that Washington, DC 20044. 202–789–6820. ‘‘[c]hanges in the relative volumes of FOR FURTHER INFORMATION CONTACT: Dan SUPPLEMENTARY INFORMATION: letter and flat mail create the need for a process of updating the regular Phillips, (202) 317–6995 (not a toll-free Table of Contents number). delivery activity cost pools.’’ Id. at 3. I. Introduction SUPPLEMENTARY INFORMATION: Proposal. Proposal Two would II. Proposal Two ‘‘introduce a methodology for updating Background III. Notice and Comment IV. Ordering Paragraphs the delivery time variabilities for city The proposed regulations in the carrier regular delivery time, so that notice of proposed rulemaking, which is I. Introduction they reflect changes in relative the subject of this correction, were On April 7, 2020, the Postal Service volumes.’’ 2 City carrier delivery activity issued primarily under section 807 of filed a petition pursuant to 39 CFR cost pools are found by multiplying city the Internal Revenue Code. 3050.11 requesting that the Commission carrier street time variabilities by accrued regular delivery time. Id. at 4. Need for Correction initiate a rulemaking proceeding to consider changes to analytical Each street time variability has three As published, the notice of proposed principles relating to periodic reports.1 parts: The marginal time for the type of rulemaking (REG–132529–17) contains The Petition identifies the proposed mail, the volume for the type of mail, an error that needs to be corrected. analytical changes filed in this docket as and the total regular delivery time. Id. Correction of Publication Proposal Two. Any of the three parts can change when volume changes. Id. In updating II. Proposal Two Accordingly, the notice of proposed variability, the approach underlying rulemaking (REG–132529–17) that is the Background. The Postal Service Proposal Two ‘‘allows for responses in subject of FR Doc. 2020–05701, currently calculates unit delivery costs all three parts due to a volume change.’’ published on April 2, 2020 (85 FR by rate category to provide insight into Id. 18496), is corrected as follows: the nature of those costs at a detailed The Postal Service states that while On page 18504, in the third column, level. Petition, Proposal Two at 1. A the mean volumes used to calculate the second paragraph is deleted in its review of those costs revealed large regular delivery time elasticities are entirety. differences between the street time unit typically calculated directly from the FY delivery costs for flats in Flats Martin V. Franks, Sequencing System (FSS) and non-FSS 2013 CCSTS data, to facilitate an update Chief, Publications and Regulations Branch, zones. Id. This gap was surprising of the calculated variabilities, it is Legal Processing Division, Associate Chief because it did not exist for the marginal possible to ‘‘derive the mean volumes as Counsel (Procedure and Administration). times on which the costs were based. Id. proportions of the total average letter [FR Doc. 2020–07562 Filed 4–15–20; 8:45 am] The Postal Service states that upon and flat delivered volume.’’ Id. The BILLING CODE 4830–01–P investigation, it uncovered the source of Postal Service clarifies that letter and the discrepancy between relative costs flat delivered volume is the sum of the and volumes: Volume proportions from volumes of four components (mail POSTAL REGULATORY COMMISSION the City Carrier Street Time Study shapes) for which delivery variabilities (CCSTS) data collected in FY 2013, and are calculated: delivery point sequence 39 CFR Part 3050 used in the established model, do not (DPS) mail, cased mail, FSS mail, and sequenced mail. Id. at 3–5. [Docket No. RM2020–7; Order No. 5478] match the current volume proportions. Id. at 2. Consequently, the average volume for Periodic Reporting The shift in volume proportions has any component can be calculated ‘‘by implications for calculated unit delivery multiplying the component’s proportion AGENCY: Postal Regulatory Commission. costs because city carrier street time of total letter and flat delivery volume ACTION: Notice of proposed rulemaking. variabilities depend upon the volumes by the overall average volume.’’ Id. at 4. used to calculate them. Id. Failure to The Postal Service asserts that its SUMMARY: The Commission is account for volume changes can lead to proposed version of the mean acknowledging a recent filing requesting the calculation of inappropriate formulation ‘‘makes it easy to update the Commission initiate a rulemaking variabilities. Id. The Postal Service the regular delivery time variabilities proceeding to consider changes to states that if a particular type of mail using more recent volume means . . . analytical principles relating to periodic experiences a volume decline and the [which are] . . . calculated by forming reports (Proposal Two). This document current variability calculation does not the needed volume proportions with the informs the public of the filing, invites account for that decline, the volume more recent data, here the FY 2019 [City public comment, and takes other variable cost for this type of mail will Carrier Cost System] volumes.’’ 3 The administrative steps. be higher than it should be, leading to Postal Service states that ‘‘the proposed DATES: Comments are due: May 22, new methodology would be applied 2020. 1 Petition of the United States Postal Service for again each year to achieve annual the Initiation of a Proceeding to Consider Proposed updates.’’ Id. at 1. ADDRESSES: Submit comments Changes in Analytical Principles (Proposal Two), electronically via the Commission’s April 7, 2020 (Petition). The Petition was accompanied by a study supporting its proposal. 2 Id. at 1. A ‘‘full discussion of the research Filing Online system at http:// See Professor Michael D. Bradley A Methodology supporting the proposal’’ is provided in the Bradley www.prc.gov. Those who cannot submit for Updating the City Carrier Regular Delivery Report, attached to the Petition electronically as a comments electronically should contact Variabilities*, April 7, 2020 (Bradley Report). The separate PDF file. See id. at 3. the person identified in the FOR FURTHER Postal Service also filed a notice of filing of public 3 Id. at 5 (footnote omitted). In a footnote, the INFORMATION CONTACT and non-public materials relating to Proposal Two. Postal Service explains that the regular delivery section by Notice of Filing of USPS–RM2020–7–1 and USPS– time equation includes volumes from customers’ telephone for advice on filing RM2020–7–NP1 and Application for Nonpublic receptacles, but that it lacks recent data that would alternatives. Treatment, April 7, 2020. permit it to update that volume. Id. n.1.

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Impact. To see if a recalculation of 3. Pursuant to 39 U.S.C. 505, the ADDRESSES: You may submit comments, variabilities using current volumes Commission appoints Lawrence Fenster identified by MB Docket Nos. 20–70, mitigates the gap between FSS and non- to serve as an officer of the Commission 17–105, 11–131, by any of the following FSS unit city carrier street time flats (Public Representative) to represent the methods: costs, the Postal Service compares these interests of the general public in this D Federal Communications costs for FY 2019 using the old docket. Commission’s website: http:// variabilities and the new variabilities. 4. The Secretary shall arrange for apps.fcc.gov/ecfs/. Follow the Id. at 6–7. It concludes that the updated publication of this order in the Federal instructions for submitting comments. variabilities reduce the gap between FSS Register. D People with Disabilities: Contact the and non-FSS unit street time costs for By the Commission. FCC to request reasonable accommodations (accessible format flats. Id. at 7. The reduction is in the Erica A. Barker, range between 2.5 cents and 4.0 cents, documents, sign language interpreters, Secretary. depending on the mail category. Id. at CART, etc.) by email: [email protected] 7–8. [FR Doc. 2020–07974 Filed 4–15–20; 8:45 am] or phone: 202–418–0530 or TTY: 202– The updated variabilities also result BILLING CODE 7710–FW–P 418–0432. in some changes in the unit volume For detailed instructions for variable city carrier costs for nearly all submitting comments and additional products.4 Id. at 8. For all but one FEDERAL COMMUNICATIONS information on the rulemaking process, domestic market dominant mail COMMISSION see the SUPPLEMENTARY INFORMATION products, the change in unit volume section of this document. variable costs is in the range between 47 CFR Part 76 FOR FURTHER INFORMATION CONTACT: For -0.9 cents and 0.2 cents. Id. at 10. The additional information on this [MB Docket Nos. 20–70, 17–105, 11–131; largest impact of Proposal Two on unit FCC 20–39; FRS 16644] proceeding, contact John Cobb, volume variable costs is observed for [email protected] of the Policy High Density and Saturation Flats/ Modernization of Media Regulation Division, Media Bureau, (202) 418– Parcels, which has the unit costs fall by Initiative; Program Carriage 2120. 1.2 cents. Id. at 9–10. For domestic SUPPLEMENTARY INFORMATION: This is a competitive mail products and services, AGENCY: Federal Communications Commission. summary of the Commission’s Further Proposal Two results in a decrease of Notice of Proposed Rulemaking and unit volume variable costs by 0.2 cents ACTION: Proposed rule. Notice of Proposed Rulemaking on average. Id. at 10. SUMMARY: In this document, the (FNPRM), MB Docket Nos. 20–70, 17– III. Notice and Comment Commission seeks comment on whether 105, 11–131; FCC 20–39, adopted on March 31, 2020 and released on April 1, The Commission establishes Docket to adopt changes to our rules governing 2020. The full text of this document is No. RM2020–7 for consideration of the resolution of program carriage available for public inspection and matters raised by the Petition. More disputes between video programming copying during regular business hours information on the Petition may be vendors and multichannel video in the FCC Reference Center, Federal accessed via the Commission’s website programming distributors (MVPDs) to Communications Commission, 445 12th at http://www.prc.gov. Interested ensure an expeditious dispute Street SW, CY–A257, Washington, DC, persons may submit comments on the resolution process. Specifically, we 20554. The full text of this document Petition and Proposal Two no later than propose to modify one of the time limit will also be available via ECFS (http:// May 22, 2020. Pursuant to 39 U.S.C. requirements for filing program carriage www.fcc.gov/cgb/ecfs/). (Documents 505, Lawrence Fenster is designated as complaints in order to make it will be available electronically in ASCII, an officer of the Commission (Public consistent with the time limits for other Word, and/or Adobe Acrobat.) The Representative) to represent the types of complaints. For consistency, we complete text may be purchased from interests of the general public in this also propose to revise the parallel time the Commission’s copy contractor, 445 proceeding. limit requirements for filing program access, open video system (OVS), and 12th Street SW, Room CY–B402, IV. Ordering Paragraphs good-faith retransmission consent Washington, DC 20554. To request these It is ordered: complaints. We also propose to revise documents in accessible formats 1. The Commission establishes Docket the effective date and review procedures (computer diskettes, large print, audio No. RM2020–7 for consideration of the of initial decisions issued by an recording, and Braille), send an email to matters raised by the Petition of the administrative law judge (ALJ) in [email protected] or call the Commission’s United States Postal Service for the program carriage proceedings so they Consumer and Governmental Affairs Initiation of a Proceeding to Consider comport with the Commission’s Bureau at (202) 418–0530 (voice), (202) Proposed Changes in Analytical generally applicable procedures for 418–0432 (TTY). Principles (Proposal Two), filed April 7, review of ALJ initial decisions. We Synopsis 2020. propose to extend this change to This Further Notice of Proposed 2. Comments by interested persons in program access and OVS proceedings as Rulemaking and Notice of Proposed this proceeding are due no later than well. May 22, 2020.5 Rulemaking (FNPRM) proposes changes DATES: Comments due on or before May to the Commission’s rules governing the 18, 2020; reply comments due on or 4 These costs include both office and street time resolution of program carriage disputes cost, as well as related indirect cost. Id. at 9. before June 1, 2020. between video programming vendors 5 The Commission reminds interested persons and multichannel video programming that its revised and reorganized Rules of Practice the meantime, the new rules can be found in Order distributors (MVPDs). Specifically, we and Procedure become effective April 20, 2020, and No. 5407, which was issued on January 16, 2020. should be used in filings with the Commission after Docket No. RM2019–13, Order Reorganizing propose to modify one of the time limit April 20, 2020. Beginning on that date, the rules Commission Regulations and Amending Rules of requirements for filing program carriage will be available on the Commission’s website. In Practice, January 16, 2020 (Order No. 5407). complaints in order to make it

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consistent with the time limits for other a carriage offer that a party alleges violated the rules occurred. The types of complaints. For consistency, we violates the program carriage rules. The Commission recognized that an also propose to revise the parallel time third prong of the statute of limitations interpretation of the program carriage limit requirements for filing program for program carriage complaints statute of limitations that allows filing access, open video system (OVS), and provides that a complaint ‘‘must be filed within one year of notice of intent to good-faith retransmission consent within one year of the date on which file, regardless of when the allegedly complaints. We also propose to revise . . . [a] party has notified [an MVPD] unlawful conduct occurred, the effective date and review procedures that it intends to file a complaint with ‘‘undermines the fundamental purpose of initial decisions issued by an the Commission based on violations of of a statute of limitations.’’ Thus, the administrative law judge (ALJ) in one or more of the rules contained in Commission proposed to revise the rule program carriage proceedings so they this section.’’ As originally adopted in in the 2011 Program Carriage NPRM by comport with the Commission’s the 1993 Program Carriage Order, this replacing the three-pronged statute of generally applicable procedures for third prong included additional limiting limitations with a single provision review of ALJ initial decisions. We language. In particular, it provided that providing ‘‘that a complaint must be propose to extend this change to a complaint would be timely if it was filed within one year of the act that program access and OVS proceedings as filed within one year of the date on allegedly violated the program carriage well. We believe that these changes will which ‘‘the complainant has notified [an rules.’’ help ensure an expeditious program MVPD] that it intends to file a The program carriage procedural rules access, program carriage, retransmission complaint with the Commission based also provide that the Chief of the Media consent, and OVS complaint process on a request for carriage or to negotiate Bureau may refer a carriage dispute case and provide additional clarity to both for carriage of its programming on to an ALJ after determining that the potential complainants and defendants, defendant’s distribution system that has complainant has established a prima as well as adjudicators, consistent with been denied or unacknowledged, facie violation of § 76.1301. Section the Communications Act of 1934, as allegedly in violation of one or more of 76.1302(j) then specifies that a decision amended (the Act). With this the rules contained in this subpart.’’ In issued by an ALJ on the merits shall proceeding, we continue our efforts to the 1994 Program Carriage Order, become effective upon release, except in modernize our media regulations. however, the Commission removed this limited circumstances. If review of an Background. Congress passed the limiting language without providing a ALJ decision is sought, the rules require Cable Television Consumer Protection rationale for this specific modification. that the decision remain in effect and Competition Act of 1992 (1992 Subsequently, in 1999, while discussing pending review, unlike the generally Cable Act) to, among other goals, an amendment made to the second applicable procedures of § 1.276(d), that ‘‘ensure that cable television operators prong of the statutes of limitations for automatically stay an ALJ’s initial do not have undue market power vis-a`- program access, program carriage, and decision pending review. We note that vis video programmers and consumers.’’ OVS complaints, the Commission while Congress instructed the Congress was concerned that the local suggested that the third prong of these Commission to adopt procedures for market power then held by cable statutes of limitations is triggered when expedited review of program carriage operators along with increasing vertical a ‘‘defendant unreasonably refuses to complaints, there is no specific statutory integration in the industry would hinder negotiate with [the] complainant.’’ We requirement mandating that ALJ initial decisions take immediate effect, nor that diversity and competition in the video note that these three statutes of programming market. To address these they remain in effect pending review. limitations were functionally identical concerns, Congress instructed the These rules governing when an ALJ’s when originally adopted by the Commission in section 616 of the Act to initial decision in a program carriage Commission. But while the 1994 adopt regulations governing program matter takes effect and whether it amendment to § 76.1302 removed any carriage agreements between MVPDs remains in effect pending review have reference to a denial or non- and video programming vendors. caused confusion for both parties and acknowledgement of a request to Specifically, section 616 directed the adjudicators, and ultimately can create negotiate from the text of the provision, Commission to prohibit several anti- inconsistent outcomes pending appeal. the third prong of the other statutes of competitive practices, and to adopt In this FNPRM, we propose rule changes limitation was not similarly modified. procedures for expedited review of to eliminate this confusion. program carriage complaints. In this And although the Commission The procedural rules for program FNPRM, we propose changes to two of suggested in 1999 that the third prong access complaints and OVS complaints these procedural provisions: First, the of the program carriage statute of contain parallel provisions requiring statute of limitations, and second, the limitations should be interpreted that orders take immediate effect and rule governing the effective date of consistent with the statutes of limitation remain in effect pending review. Section program carriage decisions. for program access and OVS complaints, 628 of the 1992 Cable Act instructed the For a program carriage complaint to in a series of decisions beginning in Commission to adopt procedures for the be considered timely, a complainant 2008, the Media Bureau and expedited review of program access must satisfy one of the three prongs of Commission applied the third prong in complaints. Accordingly, in the 1993 the statute of limitations set forth in a manner consistent with the language Program Access Order, the Commission § 76.1302(h) of the Commission’s rules. of the rule. adopted regulations providing for the The first prong provides that a Most recently, in the 2011 Program expedited review of program access complaint is timely if it is filed within Carriage NPRM, the Commission complaints, including a provision that one year of the date that the defendant expressed concern that the third prong ALJ initial decisions would take effect MVPD enters into a program carriage of the statute of limitations could be upon release. The Commission contract that a party alleges to violate read to mean that a complaint is timely subsequently adopted nearly identical the program carriage rules. The second if filed within one year of when the procedures for the filing of OVS prong provides that a complaint is complainant notified the defendant complaints pursuant to section 653 of timely if it is filed within one year of the MVPD of its intention to file, regardless the Act, including the rule providing date that the defendant MVPD presents of when the actual act alleged to have that ALJ initial decisions would take

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immediate effect. In 1999, the defendant MVPD has denied or failed to complainants regarding when their Commission consolidated review acknowledge either a request for claims expire? How should we procedures from the program carriage, program carriage or a request to determine when a potential defendant program access, and OVS rules into a negotiate for program carriage. The has failed to acknowledge a request? newly created section, which provides revised rule will provide that, ‘‘in Should we specify a set number of days that review of an initial decision on the instances where there is no existing (e.g., 30 or 60) after the initial request merits by an ALJ in any part 76 contract or an offer for carriage,’’ for program carriage is made by which proceeding will be handled in program carriage complaints relying on the MVPD must acknowledge the accordance with the Commission’s the third triggering event must be filed request or else the statute of limitations general procedures, except that orders within one year of the date on which begins to run? If we specify a time issued pursuant to the program carriage, ‘‘[an MVPD] has denied or failed to period, should that time period instead program access, and OVS rules will acknowledge a request by a video run from the date that the initial request remain in effect pending review. programming vendor for carriage or to is received by the MVPD? What In May 2017, the Commission negotiate for carriage of that video evidence should the Commission rely launched a proceeding to review its programming vendor’s programming on on in determining when that request is media regulations to eliminate or defendant’s distribution system, made or received? What are other ways modify regulations that are outdated, allegedly in violation of one or more of that we could determine whether an unnecessary, or unduly burdensome. the [program carriage rules].’’ With this MVPD has failed to acknowledge a Commenters in that proceeding proposed revision, we intend to ensure request? Are there other objective means suggested that the program carriage that parties file program carriage by which we can make this rules should be reviewed and updated complaints on a timely basis and determination or is it inherently fact as part of this initiative. provide certainty to both MVPDs and specific and thus better determined on Discussion. This FNPRM seeks prospective complainants. We seek a case-by-case basis? How, if at all, comment on two different proposals to comment on the potential effects of this would making the changes discussed amend the part 76 procedural rules. proposal on the program carriage above affect the ability of MVPDs to file First, we propose to revise the program complaint process and the parties program carriage complaints? What carriage statute of limitations provision involved. would the effect of this revision be on in § 76.1302(h) to modify subsection (3) the expeditious resolution of program We tentatively find persuasive of that provision. As explained below, carriage complaints by Commission staff comments responding to the 2011 this proposal differs from the proposal or an ALJ, an explicit goal of section Program Carriage NPRM suggesting that in the 2011 Program Carriage NPRM to 616? We encourage commenters to the Commission should reincorporate revise this same provision. Second, we provide specific examples where limiting language that would make clear propose to amend §§ 76.10(c)(2), possible of how this proposed revision, that the third prong applies only in 76.1003(h)(1), 76.1302(j)(1), and if adopted, would affect the resolution instances where an MVPD denies or 76.1513(h)(1) to provide that review of of program carriage complaints. all initial decisions issued by an ALJ fails to acknowledge either a request for We note that the statutes of pursuant to the program access, program carriage or a request to negotiate for limitations for program access, OVS, carriage, and OVS complaint rules will carriage, similar to the language of the and good-faith retransmission consent be handled in accordance with the rule as originally adopted in 1993, complaints contain a similar triggering Commission’s generally applicable rather than adopt the single statute of event that runs from the moment that a procedures for review of ALJ initial limitations provision proposed in that potential complainant notifies a decisions. We believe that amending item. We tentatively agree with defendant that it intends to file a these provisions as proposed will make commenters that this revision would complaint based on a denial or failure the Commission’s procedures more provide clarity as to when an MVPD’s to acknowledge a request. For consistent and encourage the timely alleged violation occurred and eliminate consistency, we propose to revise those resolution of program carriage disputes. the possibility of an open-ended provisions so that the triggering event Program Carriage Statute of interpretation of the program carriage for each would be the denial or failure Limitations. The third prong of the statute of limitations, a concern raised to acknowledge a request, rather than program carriage statute of limitations by the Commission itself and by notice of intent to file a complaint on provides that a complaint is timely as multiple commenters in the 2011 that basis. We seek comment on this long as it is filed within one year of the proceeding. Commenters in the 2011 proposal. We propose to determine complainant notifying the defendant of proceeding argued that the proposal to when a potential defendant has failed to its intent to file a complaint with the replace the three-pronged statute of acknowledge a request with regard to Commission, regardless of when the limitations with a single provision program access, OVS, and good-faith actual act alleged to have violated the would not alleviate the problems caused retransmission consent complaints in rules occurred. As discussed above, the by the current statute of limitations, as the same way we would make this Commission has previously expressed it would ‘‘effectively eliminate any time determination in the context of program concern that this undermines ‘‘the limitation by allowing complaints to be carriage complaints. Or are there fundamental purpose of a statute of filed within one year of any ‘alleged reasons why these determinations limitations ‘to protect a potential violation’ of the rules without any should differ in the context of these defendant against stale and vexatious limitation on what ‘alleged violations’ different types of substantive disputes? claims by ending the possibility of program carriage claims may be based We note that the Commission or litigation after a reasonable period of on.’’ We seek comment on this analysis. Bureau has previously entertained time has elapsed.’ ’’ We propose to Would the revision proposed herein several program carriage complaints revise the third prong of the program better fulfill the general aim of a statute which involved a contract that provided carriage statute of limitations to clarify of limitations by protecting potential a defendant MVPD with the discretion that it applies only in circumstances MVPD defendants against ‘‘stale and to re-tier a complainant programmer or where there is not an existing program vexatious’’ claims? Relatedly, would it to carry the complainant programmer on carriage contract or contract offer and a provide greater certainty for potential additional systems. In those

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proceedings, the complainant program carriage rules, it must be ‘‘on procedures consistent with the programmer had alleged that the the basis of affiliation or non-affiliation Commission’s generally applicable defendant MVPD exercised its of’’ programmers and it must procedures in part 1 of our rules for discretion in a way that violated the ‘‘unreasonably restrain the ability of an review of ALJ initial decisions. We seek program carriage statute and rules. The unaffiliated video programming vendor comment on this proposal. Are there Commission or Bureau found that such to compete fairly.’’ If an MVPD makes valid reasons for requiring that ALJ complaints were timely filed under the an offer or the parties enter into a initial decisions in program access, third prong of the program carriage contract that discriminates ‘‘on the basis program carriage, and OVS proceedings statute of limitations. Would similar of affiliation or non-affiliation of’’ take effect upon release, but delaying complaints be timely filed under any of programmers and to an extent that it the effectiveness of ALJ initial decisions the three prongs of the program carriage unreasonably restrains the ability of an in other contexts? Further, what are the statute of limitations if we were to adopt unaffiliated video programming vendor reasons, if any, for allowing ALJ initial the rule revisions proposed herein? If to compete fairly, then the video decisions in program access, program not, how would complainant programming vendor has one year from carriage, and OVS proceedings to programmers be impacted? We propose the date on which that offer was made remain in effect while the parties seek to add language to the third prong to or that contract was executed to file a review? Would there be any potential clarify that it applies only in complaint with the Commission. Does negative effects for consumers from circumstances where there is not an this preclude video programming making this change? Are there any existing program carriage contract or vendors from being eligible to file potential negative effects for contract offer. Having agreed to a meritorious program carriage complainants? Would there be any contractual provision that provides an complaints because of their alleged harms to complainants from staying the MVPD with the discretion to take future information disadvantage? Other effect of ALJ initial decisions during carriage actions unilaterally, what basis, commenters alleged that MVPDs ‘‘have review that could not be alleviated by if any, would there be for allowing such historically strung out negotiations with extending the effect of the remedial programmer to file a program carriage unaffiliated programmers, permitting order commensurate with the length of complaint when an MVPD exercises that them to discriminate against unaffiliated the stay? Would any potential costs to discretion? vendors without ever having to issue a complainants resulting from our We recognize that determining when formal denial.’’ We seek comment on proposed rule revisions outweigh the an MVPD has denied or failed to this argument. Are there alternative benefits? Commenters are encouraged to acknowledge a request for carriage or a proposals that would address these provide specific examples where request to negotiate for carriage may issues, while still foreclosing stale and possible. What, if any, other technical require a fact-specific analysis and that vexatious claims? rule revisions would reduce confusion parties may view circumstances giving Review of Initial ALJ Decisions. The in the application of these ALJ review rise to the dispute differently. To the differences between the part 1 and part procedures and aid in the efficient extent necessary, we expect that the 76 review procedures for ALJ initial resolution of program access, program adjudicator will be able to resolve such decisions have caused confusion for carriage, and OVS complaints by ALJs? issues on a case-by-case basis. Relatedly, both adjudicators and parties in We also propose a simple technical we tentatively disagree with suggestions program carriage proceedings. The part edit in the respective program access, from comments to the 2011 Program 76 review procedures for ALJ initial program carriage, and OVS provisions to Carriage NPRM that complainants decisions contain two major differences make clear that decisions under those would manufacture triggering events, from the part 1 procedures. First, ALJ rules may be issued by the Commission, resulting in a statute of limitations that decisions following the part 1 Commission staff, or an ALJ. This lacks any clarity for defendant MVPDs. procedures do not take effect for at least revision does not reflect a substantive We tentatively conclude that Pprt 76’s 50 days following release, while part 76 change to the rules and would merely general pleading requirements, which provides that they take immediate increase the clarity of the program prohibit the filing of false or frivolous effect. Second, part 1 provides that ALJ access, program carriage and OVS rules. claims and provide for sanctions against decisions are stayed automatically upon Are there any additional proposals parties doing so, would sufficiently the filing of exceptions, while part 76 related to the effective date of program dissuade parties from filing vexatious provides that ALJ decisions will remain access, program carriage, and OVS claims in the program carriage context. in effect pending review. To address complaint decisions issued by ALJs that We seek comment on this tentative this confusion, we propose to amend the we should consider as a part of this conclusion. program access, program carriage, and proceeding? Some commenters responding to the OVS procedural rules so that review of Other Program Carriage Proposals. 2011 Program Carriage NPRM argued initial decisions issued by an ALJ is The 2011 Program Carriage NPRM that the statute of limitations should not handled in accordance with the sought comment on a number of begin to run until discriminatory Commission’s generally applicable additional issues related to the conduct that is alleged to violate the procedures in part 1 of our rules for Commission’s program carriage rules, program carriage rules has become review of ALJ initial decisions. In including: Revising the discovery apparent to video programming practice, this will mean that decisions procedures; permitting the award of vendors. Video programming vendors on the merits issued by an ALJ in damages; adopting a best ‘‘final offer’’ suggested that they are at an information program access, program carriage, and dispute resolution model; heightening disadvantage because they do not have OVS proceedings will not take effect the evidentiary showing to obtain a access to all of the terms offered by before 50 days after issuance and mandatory carriage remedy; explicitly MVPDs to comparably situated vendors decisions will be automatically stayed prohibiting retaliation for filing a making it difficult to determine whether upon the filing of exceptions by an complaint; adopting a good-faith they have a meritorious claim of aggrieved party. negotiation rule; clarifying what discrimination. We seek additional We tentatively conclude that this constitutes discrimination; and comment on this argument. For revision would reduce the potential for codifying the burden of proof discriminatory conduct to violate the confusion by making the part 76 requirements for discrimination cases.

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Given the significant amount of time consisted in whole or in part of the delivered filings. This is a temporary that has passed since the 2011 Program presentation of data or arguments measure taken to help protect the health Carriage NPRM and the vast changes in already reflected in the presenter’s and safety of individuals, and to the media marketplace in the written comments, memoranda or other mitigate the transmission of COVID–19. intervening years, we seek comment on filings in the proceeding, the presenter See FCC Announces Closure of FCC whether those proposals are necessary may provide citations to such data or Headquarters Open Window and to ensure an efficient program carriage arguments in his or her prior comments, Change in Hand-Delivery Policy, Public marketplace. memoranda, or other filings (specifying Notice, DA 20–304 (Mar. 19, 2020) Initial Regulatory Flexibility Act the relevant page and/or paragraph available https://www.fcc.gov/ Analysis. As required by the Regulatory numbers where such data or arguments document/fcc-closes-headquarters- Flexibility Act of 1980, as amended can be found) in lieu of summarizing open-window-and-changes-hand- (RFA), the Commission has prepared an them in the memorandum. Documents delivery-policy. Initial Regulatory Flexibility Analysis shown or given to Commission staff During the time the Commission’s (IRFA) relating to this NPRM. The IRFA during ex parte meetings are deemed to building is closed to the general public is set forth below. be written ex parte presentations and and until further notice, if more than Paperwork Reduction Act. This NPRM must be filed consistent with § 1.1206(b) one docket or rulemaking number may result in new or revised of the rules. In proceedings governed by appears in the caption of a proceeding, information collection requirements § 1.49(f) of the rules or for which the paper filers need not submit two subject to the Paperwork Reduction Act Commission has made available a additional copies for each additional of 1995, Public Law 104–13 (44 U.S.C. method of electronic filing, written ex docket or rulemaking number; an 3501 through 3520). If the Commission parte presentations and memoranda original and one copy are sufficient. adopts any new or revised information summarizing oral ex parte People with Disabilities. To request collection requirement, the Commission presentations, and all attachments materials in accessible formats for will publish a notice in the Federal thereto, must be filed through the people with disabilities (Braille, large Register inviting the public to comment electronic comment filing system print, electronic files, audio format), on the requirement, as required by the available for that proceeding, and must send an email to [email protected] or call Paperwork Reduction Act of 1995, be filed in their native format (e.g., .doc, the FCC’s Consumer and Governmental Public Law 104–13 (44 U.S.C. 3501– .xml, .ppt, searchable .pdf). Participants Affairs Bureau at (202) 418–0530 3520). In addition, pursuant to the in this proceeding should familiarize (voice), (202) 418–0432 (TTY). Small Business Paperwork Relief Act of themselves with the Commission’s ex Availability of Documents. Comments 2002, Public Law 107–198, see 44 U.S.C. parte rules. and reply comments will be publicly 3506(c)(4), the Commission seeks Filing Requirements—Comments and available online via ECFS. These specific comment on how it might Replies. Pursuant to §§ 1.415 and 1.419 documents will also be available for ‘‘further reduce the information of the Commission’s rules, 47 CFR public inspection during regular collection burden for small business 1.415, 1.419, interested parties may file business hours in the FCC Reference concerns with fewer than 25 comments and reply comments on or Information Center, which is located in employees.’’ before the dates indicated on the first Room CY–A257 at FCC Headquarters, Ex Parte Rules—Permit-But-Disclose. page of this document. Comments may 445 12th Street SW, Washington, DC This proceeding shall be treated as a be filed using the Commission’s 20554. The Reference Information ‘‘permit-but-disclose’’ proceeding in Electronic Comment Filing System Center is open to the public Monday accordance with the Commission’s ex (ECFS). See Electronic Filing of through Thursday from 8:00 a.m. to 4:30 parte rules. Ex parte presentations are Documents in Rulemaking Proceedings, p.m. and Friday from 8:00 a.m. to 11:30 permissible if disclosed in accordance 63 FR 24121 (1998). a.m. with Commission rules, except during • Electronic Filers: Comments may be Initial Regulatory Flexibility Analysis. the Sunshine Agenda period when filed electronically using the internet by As required by the Regulatory presentations, ex parte or otherwise, are accessing the ECFS: http:// Flexibility Act of 1980, as amended generally prohibited. Persons making ex fjallfoss.fcc.gov/ecfs2/. (RFA), the Commission has prepared parte presentations must file a copy of • Paper Filers: Parties who choose to this present Initial Regulatory any written presentation or a file by paper must file an original and Flexibility Analysis (IRFA) concerning memorandum summarizing any oral one copy of each filing. the possible significant economic presentation within two business days Filings can be sent by commercial impact on small entities by the policies after the presentation (unless a different overnight courier, or by first-class or and rules proposed in the Further deadline applicable to the Sunshine overnight U.S. Postal Service mail. All Notice of Proposed Rulemaking and period applies). Persons making oral ex filings must be addressed to the Notice of Proposed Rulemaking parte presentations are reminded that Commission’s Secretary, Office of the (FNPRM). Written public comments are memoranda summarizing the Secretary, Federal Communications requested on this IRFA. Comments must presentation must (1) list all persons Commission. be identified as responses to the IRFA attending or otherwise participating in • Commercial overnight mail (other and must be filed by the deadlines for the meeting at which the ex parte than U.S. Postal Service Express Mail comments provided on the first page of presentation was made, and (2) and Priority Mail) must be sent to 9050 the FNPRM. The Commission will send summarize all data presented and Junction Drive, Annapolis Junction, MD a copy of the FNPRM, including this arguments made during the 20701. IRFA, to the Chief Counsel for Advocacy presentation. Memoranda must contain • U.S. Postal Service first-class, of the Small Business Administration a summary of the substance of the ex Express, and Priority mail must be (SBA). In addition, the FNPRM and parte presentation and not merely a addressed to 445 12th Street SW, IRFA (or summaries thereof) will be listing of the subjects discussed. More Washington, DC 20554. published in the Federal Register. than a one or two sentence description Effective March 19, 2020, and until Need for, and Objectives of, the of the views and arguments presented is further notice, the Commission no Proposed Rules. Congress passed the generally required. If the presentation longer accepts any hand or messenger Cable Television Consumer Protection

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and Competition Act of 1992 (1992 628, and 653 of the Communications Although it seems certain that some of Cable Act) to, among other goals, Act of 1934, as amended, 47 U.S.C. 151, these cable system operators are ‘‘ensure that cable television operators 154(i), 154(j), 536, 548, and 573. affiliated with entities whose gross do not have undue market power vis-a`- Description and Estimate of the annual revenues exceed $250 million, vis video programmers and consumers.’’ Number of Small Entities to Which the we note that the Commission neither Congress was concerned that the local Proposed Rules Will Apply. The RFA requests nor collects information on market power held by cable operators directs agencies to provide a description whether cable system operators are along with increased vertical integration of, and where feasible, an estimate of affiliated with entities whose gross in the industry would hinder diversity the number of small entities that may be annual revenues exceed $250 million, and competition in the video affected by the proposed rules, if and therefore we are unable to estimate programming market. To address these adopted. The RFA generally defines the more accurately the number of cable concerns, Congress instructed the term ‘‘small entity’’ as having the same system operators that would qualify as Commission in section 616 of the 1992 meaning as the terms ‘‘small business,’’ small under the definition in the Cable Act to adopt regulations ‘‘small organization,’’ and ‘‘small Communications Act. governing program carriage agreements governmental jurisdiction.’’ In addition, Direct Broadcast Satellite (DBS) between MVPDs and video the term ‘‘small business’’ has the same Service. DBS service is a nationally programming vendors. Section 616 meaning as the term ‘‘small business distributed subscription service that directed the Commission to adopt concern’’ under the Small Business Act. delivers video and audio programming procedures for expedited review for A small business concern is one which: via satellite to a small parabolic dish complaints filed pursuant to section 616 (1) Is independently owned and antenna at the subscriber’s location. and provide for penalties and remedies operated; (2) is not dominant in its field DBS is now included in SBA’s for violations of the same. of operation; and (3) satisfies any economic census category ‘‘Wired This FNPRM seeks comment on two additional criteria established by the Telecommunications Carriers.’’ The different proposals to amend the part 76 SBA. Below, we provide a description of Wired Telecommunications Carriers procedural rules. First, we propose to such small entities, as well as an industry comprises establishments revise the program carriage statute of estimate of the number of such small primarily engaged in operating and/or limitations provision in § 76.1302(h) to entities, where feasible. providing access to transmission revise subsection (3) to clarify that it Cable Companies and Systems (Rate facilities and infrastructure that they applies only in circumstances where Regulation Standard). The Commission own and/or lease for the transmission of there is not an existing program carriage has developed its own small business voice, data, text, sound, and video using contract or contract offer and a size standards, for the purpose of cable wired telecommunications networks. defendant MVPD has denied or failed to rate regulation. Under the Commission’s Transmission facilities may be based on acknowledge either a request for rules, a ‘‘small cable company’’ is one a single technology or combination of program carriage or a request to serving 400,000 or fewer subscribers, technologies. Establishments in this negotiate for program carriage. For nationwide. Industry data indicate that, industry use the wired consistency, we propose to revise the of 4,200 cable operators nationwide, all telecommunications network facilities parallel program access, OVS, and good- but 9 are small under this size standard. that they operate to provide a variety of faith retransmission consent rules, so In addition, under the Commission’s services, such as wired telephony that the triggering event for each would rules, a ‘‘small system’’ is a cable system services, including VoIP services, wired be the denial or failure to acknowledge serving 15,000 or fewer subscribers. (cable) audio and video programming a request, rather than notice of intent to Industry data indicate that, of 4,200 distribution; and wired broadband file a complaint on that basis, as we systems nationwide, 3,900 have fewer internet services. By exception, propose to do with the program carriage than 15,000 subscribers, based on the establishments providing satellite rules here. Second, we propose to same records. Thus, under this second television distribution services using amend §§ 76.10(c)(2), 76.1003(h)(1), size standard, the Commission believes facilities and infrastructure that they 76.1302(j)(1), and 76.1513(h)(1) to that most cable systems are small. operate are included in this industry. provide that all initial decisions issued Cable System Operators The SBA determines that a wireline by an administrative law judge (ALJ) (Telecommunications Act Standard). business is small if it has fewer than pursuant to the program access, program The Act also contains a size standard for 1,500 employees. Economic census data carriage, and OVS rules will not take small cable system operators, which is for 2012 indicate that 3,117 wireline effect before 50 days after issuance and ‘‘a cable operator that, directly or companies were operational during that decisions will be automatically stayed through an affiliate, serves in the year. Of that number, 3,083 operated upon the filing of exceptions by an aggregate fewer than 1 percent of all with fewer than 1,000 employees. Based aggrieved party in accordance with the subscribers in the United States and is on that data, we conclude that the Commission’s generally applicable not affiliated with any entity or entities majority of wireline firms are small procedures for review of ALJ decisions. whose gross annual revenues in the under the applicable standard. We believe that amending these aggregate exceed $250,000,000.’’ There Currently, however, only two entities provisions as proposed will better are approximately 49,011,210 cable provide DBS service, which requires a ensure that program access, program subscribers in the United States today. great deal of capital for operation: carriage, OVS, and good-faith Accordingly, an operator serving fewer DIRECTV (owned by AT&T) and DISH retransmission consent complaints are than 490,112 subscribers shall be Network. DIRECTV and DISH Network addressed expeditiously by providing deemed a small operator, if its annual each report annual revenues that are in additional clarity to both potential revenues, when combined with the total excess of the threshold for a small complainants and defendants, revenues of all its affiliates, do not business. Accordingly, we conclude consistent with Congress’s intent in the exceed $250 million in the aggregate. that, in general, DBS service is provided Act, and will apply existing Based on the available data, we find that only by large firms. Commission procedures uniformly. all but five independent cable operators Motion Picture and Video Production. Legal Basis. The proposed action is are affiliated with entities whose gross The Census Bureau defines this category authorized pursuant to 1, 4(i), 4(j), 616, annual revenues exceed $250 million. as follows: ‘‘This industry comprises

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establishments primarily engaged in broadcasting images together with basis and is therefore possibly over- producing, or producing and sound.’’ These establishments operate inclusive. distributing motion pictures, videos, television broadcast studios and There are also 387 Class A stations. television programs, or television facilities for the programming and Given the nature of these services, the commercials.’’ We notes that firms in transmission of programs to the public. Commission presumes that all of these this category may be engaged in various These establishments also produce or stations qualify as small entities under industries, including cable transmit visual programming to the applicable SBA size standard. In programming. Specific figures are not affiliated broadcast television stations, addition, there are 1,892 LPTV stations available regarding how many of these which in turn broadcast the programs to and 3,621 TV translator stations. Given firms produce and/or distribute the public on a predetermined schedule. the nature of these services as secondary programming for cable television. The Programming may originate in their own and in some cases purely a ‘‘fill-in’’ SBA has developed a small business studio, from an affiliated network, or service, we will presume that all of size standard for this category, which is: from external sources. The SBA has these entities qualify as small entities All such firms having $35,000,000 or created the following small business under the above SBA small business less in annual revenue. To gauge small size standard for such businesses: Those size standard. business prevalence in the Motion having $41.5 million or less in annual Description of Projected Reporting, Picture and Video Production receipts. The 2012 Economic Census Recordkeeping, and Other Compliance industries, the Commission relies on reports that 751 firms in this category Requirements. As discussed above, this data currently available from the U.S. operated in that year. Of this number, FNPRM proposes two revisions to the Census Bureau for the year 2012. Census 656 had annual receipts of less than $25 part 76 procedural rules. The first Bureau data for 2012 show that there million, 25 had annual receipts ranging revision concerns the statute of were 8,203 firms in this category that from $25 million to $49,999,999, and 70 limitations provision contained in operated for the entire year. Of these, had annual receipts of $50 million or § 76.1302(h) and would insert limiting 8075 firms had annual receipts of more. Based on this data we therefore language to clarify that it applies only $24,999,999 or less, and 61 firms had estimate that the majority of commercial in circumstances where there is not an annual receipts exceeding $50,000,000. television broadcasters are small entities existing program carriage contract or 67 firms had annual receipts between under the applicable SBA size standard. contract offer and a defendant MVPD has denied or failed to acknowledge $25,000,000 and $49,000,000. Thus, Additionally, the Commission has either a request for program carriage or under this category and associated small estimated the number of licensed a request to negotiate for program business size standard, the majority of commercial television stations to be carriage. For consistency, we propose to firms can be considered small. 1,374. Of this total, 1,282 stations (or Motion Picture and Video revise the parallel program access, OVS, 94.2%) had revenues of $41.5 million or Distribution. The Census Bureau defines and good-faith retransmission consent less in 2018, according to Commission this category as follows: ‘‘This industry rules, so that the triggering event for staff review of the BIA Kelsey Inc. comprises establishments primarily each would be the denial or failure to Media Access Pro Television Database engaged in acquiring distribution rights acknowledge a request, rather than (BIA) on April 15, 2019, and therefore and distributing film and video notice of intent to file a complaint on these licensees qualify as small entities productions to motion picture theaters, that basis, as we propose to do with the under the SBA definition. In addition, television networks and stations, and program carriage rules here. The second exhibitors.’’ We note that firms in this the Commission estimates the number would amend § 76.1302(j)(1) to provide category may be engaged in various of licensed noncommercial educational that initial decisions by an industries, including cable (NCE) television stations to be 388. The administrative law judge are programming. Specific figures are not Commission does not compile and does automatically stayed upon the filing of available regarding how many of these not have access to information on the exceptions by an aggrieved party, rather firms produce and/or distribute revenue of NCE stations that would than only in the event of an order programming for cable television. The permit it to determine how many such mandating carriage of a video SBA has developed a small business stations would qualify as small entities. programming vendor’s content that size standard for this category which is: We note, however, that in assessing requires a defendant MVPD to delete All such firms having $34,500,000 whether a business concern qualifies as existing programming from its system to million or less in annual revenue. To ‘‘small’’ under the above definition, accommodate carriage. For consistency, gauge small business prevalence in the business (control) affiliations must be we propose to extend this change to Motion Picture and Video Distribution included. Our estimate, therefore, likely parallel provisions in program access, industries, the Commission relies on overstates the number of small entities § 76.1003(h)(1), and OVS, data currently available from the U.S. that might be affected by our action, § 76.1513(h)(1), proceedings as well. Census Bureau for the year 2012. Census because the revenue figure on which it These revisions should result in a more Bureau data for 2012 show that there is based does not include or aggregate streamlined and clear part 76 complaint were 307 firms in this category that revenues from affiliated companies. In process, which would ultimately reduce operated for the entire year. Of these, addition, another element of the the burden on entities potentially 294 firms had annual receipts of definition of ‘‘small business’’ requires involved in part 76 complaints. $24,999,999 or less, and 8 firms had that an entity not be dominant in its Steps Taken to Minimize Significant annual receipts exceeding $50,000,000. field of operation. We are unable at this Economic Impact on Small Entities and 5 firms had annual receipts between time to define or quantify the criteria Significant Alternatives Considered. The $25,000,000 and $49,000,000. Thus, that would establish whether a specific RFA requires an agency to describe any under this category and associated small television broadcast station is dominant significant alternatives that it has business size standard, the majority of in its field of operation. Accordingly, considered in reaching its proposed firms can be considered small. the estimate of small businesses to approach, which may include the Television Broadcasting. This which rules may apply does not exclude following four alternatives (among Economic Census category ‘‘comprises any television station from the others): (1) The establishment of establishments primarily engaged in definition of a small business on this differing compliance or reporting

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requirements or timetables that take into List of Subjects in 47 CFR Part 76 contract pertaining to such account the resources available to small Administrative practice and programming pursuant to § 76.1002(f), entities; (2) the clarification, procedure, Cable Television. allegedly in violation of one or more of consolidation, or simplification of the rules contained in this subpart. compliance or reporting requirements Federal Communications Commission. (h) Remedies for violations— (1) under the rule for small entities; (3) the Cecilia Sigmund, Remedies authorized. Upon completion use of performance, rather than design, Federal Register Liaison Officer, Office of the of such adjudicatory proceeding, the standard; and (4) an exemption from Secretary. Commission, Commission staff, or coverage of the rule, or any part thereof, Proposed Rules Administrative Law Judge shall order for small entities. appropriate remedies, including, if Through this FNPRM, the For the reasons discussed in the necessary, the imposition of damages, Commission seeks to minimize the preamble, the Federal Communications and/or the establishment of prices, burdens associated with the resolution Commission proposes to amend 47 CFR terms, and conditions for the sale of of program carriage, program access, part 76 as follows: programming to the aggrieved OVS, and good-faith retransmission PART 76—MULTICHANNEL VIDEO multichannel video programming consent complaints, by clarifying that AND CABLE TELEVISION SERVICE distributor. Such order shall set forth a the third triggering for all four types of timetable for compliance. Such order complaints is the denial or failure to ■ 1. The authority citation for part 76 issued by the Commission or acknowledged a request and providing continues to read as follows: Commission staff shall be effective upon for automatic stays of initial decisions Authority: 47 U.S.C. 151, 152, 153, 154, release. See 47 CFR 1.102(b); 1.103. The by an ALJ pending review for program effective date of such order issued by carriage, program access, and OVS 301, 302, 302a, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 338, 339, 340, 341, 503, 521, the Administrative Law Judge is set complaints. It is our hope that these 522, 531, 532, 534, 535, 536, 537, 543, 544, forth in 47 CFR 1.276(d). revisions will aid in the expeditious 544a, 545, 548, 549, 552, 554, 556, 558, 560, * * * * * resolution of program access, program 561, 571, 572, 573. ■ 5. Amend § 76.1302 by revising carriage, OVS, good-faith retransmission ■ paragraphs (h)(1) and (3) and (j)(1) to consent complaints consistent with the 2. Amend § 76.10 by revising read as follows: Act. These changes would reduce the paragraph (c)(2) to read as follows: costs associated with litigating program § 76.10 Review. § 76.1302 Carriage agreement access, program carriage, OVS, good- * * * * * proceedings. faith retransmission consent complaints (c) * * * * * * * * before the Commission by eliminating (2) Any party to a part 76 proceeding (h) * * * any confusion surrounding the statute of aggrieved by any decision on the merits (1) The multichannel video limitations in all four contexts and by an administrative law judge may file programming distributor enters into a eliminating the need to seek a stay of an an appeal of the decision directly with contract with a video programming initial decision issued by an ALJ the Commission, in accordance with vendor that a party alleges to violate one pending review for program carriage, §§ 1.276(a) and 1.277(a) through (c) of or more of the rules contained in this program access, and OVS complaints. this chapter. section; or The Commission invites comment on ■ 3. Amend § 76.65 by revising * * * * * alternative proposals that we should paragraph (e)(3) to read as follows: (3) In instances where there is no consider that would better minimize existing contract or an offer for carriage, any adverse impact on small businesses, § 76.65 Good faith and exclusive the multichannel video programming while still furthering the goal of retransmission consent complaints. distributor has denied or failed to reducing the costs associated with the * * * * * acknowledge a request by a video efficient resolution of part 76 (e) * * * programming vendor for carriage or to complaints. (3) The television broadcast station or Federal Rules that May Duplicate, multichannel video programming negotiate for carriage of that video Overlap or Conflict With the Proposed distributor has denied, unreasonably programming vendor’s programming on Rule. None. delayed, or failed to acknowledge a defendant’s distribution system, It is ordered that, pursuant to the request to negotiate retransmission allegedly in violation of one or more of authority found in sections 1, 4(i), 4(j), consent in violation of one or more of the rules contained in this section. 303(r), 616, 628, and 653 of the the rules contained in this subpart. * * * * * Communications Act of 1934, as * * * * * (j) Remedies for violations—(1) amended, 47 U.S.C. 151, 154(i), 154(j), ■ 4. Amend § 76.1003 by revising Remedies authorized. Upon completion 303(r), 536, 548, and 573, this Further paragraphs (g)(3) and (h)(1) to read as of such adjudicatory proceeding, the Notice of Proposed Rulemaking in MB follows: Commission, Commission staff, or Docket No. 11–131 and Notice of Administrative Law Judge shall order Proposed Rulemaking in MB Docket No. § 76.1003 Program access proceedings. appropriate remedies, including, if 20–70 is adopted. It is further ordered * * * * * necessary, mandatory carriage of a video that the Commission’s Consumer and (g) * * * programming vendor’s programming on Governmental Affairs Bureau, Reference (3) A cable operator, or a satellite defendant’s video distribution system, Information Center, shall send a copy of cable programming vendor or a satellite or the establishment of prices, terms, this Further Notice of Proposed broadcast programming vendor has and conditions for the carriage of a Rulemaking in MB Docket No. 11–131 denied or failed to acknowledge a video programming vendor’s and Notice of Proposed Rulemaking in request to purchase or negotiate to programming. Such order shall set forth MB Docket No. 20–70, including the purchase satellite cable programming, a timetable for compliance. The Initial Regulatory Flexibility Analysis, satellite broadcast programming, or effective date of such order issued by to the Chief Counsel for Advocacy of the terrestrial cable programming, or has the Administrative Law Judge is set Small Business Administration. made a request to amend an existing forth in 47 CFR 1.276(d). Such order

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issued by the Commission or DEPARTMENT OF DEFENSE receipt of your comment(s), please Commission staff shall become effective check www.regulations.gov, upon release, see 47 CFR 1.102(b), GENERAL SERVICES approximately two to three days after 1.103, unless any order of mandatory ADMINISTRATION submission to verify posting (except carriage issued by the staff would allow 30 days for posting of comments require the defendant multichannel NATIONAL AERONAUTICS AND submitted by mail). video programming distributor to delete SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Ms. existing programming from its system to 48 CFR Part 10 Camara Francis, Procurement Analyst, accommodate carriage of a video at 202–550–0935 for clarification of programming vendor’s programming. In [FAR Case 2017–011; Docket No. FAR– content. For information pertaining to such instances, if the defendant seeks 2017–0011, Sequence No. 1] status or publication schedules, contact review of the staff decision, the order for RIN 9000–AN46 the Regulatory Secretariat Division at carriage of a video programming 202–501–4755. Please cite FAR Case vendor’s programming will not become Federal Acquisition Regulation: 2017–011. effective unless and until the decision of Section 508-Based Standards in the staff is upheld by the Commission. Information and Communication SUPPLEMENTARY INFORMATION: If the Commission upholds the remedy Technology; Correction. Correction ordered by the staff or administrative AGENCY: Department of Defense (DoD), law judge in its entirety, the defendant General Services Administration (GSA), In the rule, FR Doc. 2020–05867 MVPD will be required to carry the and National Aeronautics and Space published in the Federal Register at 85 video programming vendor’s Administration (NASA). FR 17831, March 31, 2020, make the programming for an additional period ACTION: Proposed rule; correction. following correction: equal to the time elapsed between the On page 17832, third column, line 31, staff or administrative law judge SUMMARY: On March 31, 2020, DoD, remove ‘‘(https://www.access- decision and the Commission’s ruling, GSA, and NASA published a rule board.gov/guidelines-andstandards/ proposing to amend the Federal on the terms and conditions approved communications-and-it/about-the-ict- Acquisition Regulation (FAR) to by the Commission. refresh/final-regulatoryimpact- incorporate recent revisions and * * * * * analysis)’’ and add ‘‘https:// updates to accessibility standards issued ■ 6. Amend § 76.1513 by revising by the U.S. Access Board pursuant to www.regulations.gov/docket?D=ATBCB- paragraphs (g)(3) and (h)(1) to read as section 508 of the Rehabilitation Act of 2015-0002’’ in its place. follows: 1973. DoD, GSA, and NASA are making 10.001 [Corrected] editorial changes to correct amendatory § 76.1513 Open video dispute resolution. instructions. ■ On page 17834, in the first column, * * * * * DATES: Comments for the proposed rule PART 10—MARKET RESEARCH, revise (g) * * * published March 31, 2020, at 85 FR amendatory instruction number 5 to (3) An open video system operator has 17831, continue to be accepted on or read as follows: denied or failed to acknowledge a before June 1, 2020, to be considered in PART 10—MARKET RESEARCH request for such operator to carry the the formation of a final rule. ADDRESSES: Submit comments complainant’s programming on its open ■ identified by FAR case 2017–011 by any 5. Amend section 10.001 by revising video system, allegedly in violation of paragraph (a)(3)(ix) to read as follows: one or more of the rules contained in of the following methods: • this part. Regulations.gov: http:// 10.001 Policy. www.regulations.gov. (a) * * * (h) Remedies for violations—(1) Submit comments via the Federal Remedies authorized. Upon completion eRulemaking portal by searching for (3) * * * of such adjudicatory proceeding, the ‘‘FAR Case 2017–011’’. Select the link (ix) Assess the availability of supplies Commission, Commission staff, or ‘‘Comment Now’’ that corresponds with or services that meet all or part of the Administrative Law Judge shall order ‘‘FAR Case 2017–011.’’ Follow the applicable information and appropriate remedies, including, if instructions provided on the screen. communication technology accessibility necessary, the requiring carriage, Please include your name, company standards at 36 CFR 1194.1 (see subpart awarding damages to any person denied name (if any), and ‘‘FAR Case 2017– 39.2). carriage, or any combination of such 011’’ on your attached document. * * * * * sanctions. Such order shall set forth a • Mail: General Services timetable for compliance. Such order Administration, Regulatory Secretariat William F. Clark, issued by the Commission or Division (MVCB), ATTN: Lois Mandell, Director,Office of Government-wide Commission staff shall be effective upon 1800 F Street, NW, 2nd floor, Acquisition Policy, Office of Acquisition release. See 47 CFR 1.102(b); 1.103. The Washington, DC 20405. Policy, Office of Government-wide Policy. effective date of such order issued by Instructions: Please submit comments [FR Doc. 2020–07737 Filed 4–15–20; 8:45 am] the Administrative Law Judge is set only and cite ‘‘FAR case 2017– BILLING CODE 6820–EP–P forth in 47 CFR 1.276(d). 011(proposed rule)’’ in all correspondence related to this case. All * * * * * comments received will be posted [FR Doc. 2020–07822 Filed 4–15–20; 8:45 am] without change to http:// BILLING CODE 6712–01–P www.regulations.gov, including any personal and/or business confidential information provided. To confirm

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DEPARTMENT OF TRANSPORTATION Confidential business Information: actions identified by internal agency Confidential Business Information (CBI) review, petitions for rulemaking, and Pipeline and Hazardous Materials is commercial or financial information public comments on DOT’s regulatory Safety Administration that is both customarily and actually reform and infrastructure notifications treated as private by its owner. Under titled, ‘‘Transportation Infrastructure: 49 CFR Parts 190, 194, and 195 the Freedom of Information Act (FOIA) Notice of Review of Policy, Guidance, [Docket No. PHMSA–2018–0047] (5 U.S.C. 552), CBI is exempt from and Regulation’’ (82 FR 26734; June 8, public disclosure. If your comments 2017), and ‘‘Notification of Regulatory RIN 2137–AF37 responsive to this notice contain Review’’ (82 FR 45750; Oct. 2, 2017). commercial or financial information PHMSA is requesting comment on the Pipeline Safety: Regulatory Reform for that is customarily treated as private, proposed amendments. Hazardous Liquid Pipelines that you actually treat as private, and B. Summary of the Proposed AGENCY: Pipeline and Hazardous that is relevant or responsive to this Amendments Materials Safety Administration notice, it is important that you clearly PHMSA is proposing to repeal, (PHMSA), DOT. designate the submitted comments as replace, or revise sections in parts 190, ACTION: Notice of proposed rulemaking. CBI. Pursuant to 49 CFR 190.343, you may ask PHMSA to give confidential 194, and 195 to reduce regulatory SUMMARY: PHMSA is soliciting public treatment to information you give to the burdens. Part 190 specifies procedures comment on proposed amendments to agency by taking the following steps: (1) during inspections and investigations, the Federal Pipeline Safety Regulations Mark each page of the original part 194 contains the requirements for for the safety of hazardous liquid document submission containing CBI as preparing and submitting oil spill pipelines that would revise the ‘‘Confidential’’; (2) send PHMSA, along response plans, and part 195 prescribes requirements for facility response plans, with the original document, a second the safety and reporting requirements revise the definition for accidents, and copy of the original document with the for pipelines transporting hazardous consider repealing, replacing, or CBI deleted; and (3) explain why the liquids or carbon dioxide. In part 190, modifying other specific regulations. information you are submitting is CBI. PHMSA is proposing to clarify the The intent of these changes is to reduce Unless you are notified otherwise, requirements for producing records regulatory burdens and improve PHMSA will treat such marked during an inspection or investigation regulatory clarity without compromising submissions as confidential under the and reduce the burden required to safety and environmental protection. FOIA, and they will not be placed in the submit confidential commercial information under most circumstances. DATES: Comments on this notice are due public docket of this notice of proposed In part 194, PHMSA is proposing by June 15, 2020. rulemaking (NPRM). Submissions amendments that would streamline the ADDRESSES: Submit comments, containing CBI should be sent to Sayler Palabrica at [email protected] or oil spill response plan requirements and identified by Docket No. PHMSA–2018– clarify or eliminate requirements that 0047, using any of the following 1200 New Jersey Ave SE, E24–447, Washington, DC 20590. Any may be confusing or redundant. In part methods: 195, PHMSA is proposing amendments • Federal eRulemaking Portal: commentary that PHMSA receives which is not specifically designated as that would relieve accident reporting https://www.regulations.gov. Follow the burdens, allow remote monitoring of online instructions for submitting CBI will be placed in the public docket for this rulemaking. rectifier stations, and clarify integrity comments. management (IM) guidance. • Fax: 1–202–493–2251. FOR FURTHER INFORMATION CONTACT: For • Mail: U.S. DOT Docket Management technical information, contact Chris C. Costs and Benefits System, West Building Ground Floor, Hoidal, Senior Technical Advisor, by PHMSA projects that, if promulgated, Room W12–140, 1200 New Jersey telephone at 303–807–8833 or by email the amendments in this proposed rule Avenue SE, Washington, DC 20590– at [email protected]. would result in estimated annualized 0001. For general information, contact net cost savings of $273,242 for • Hand-deliver/courier: Available Sayler Palabrica, Transportation regulated entities based on a 7 percent between 9 a.m. and 5 p.m., Monday Specialist, by telephone at 202–366– discount rate. PHMSA has determined through Friday, except Federal holidays. 0559 or by email at sayler.palabrica@ that the proposed changes would not Instructions: All submissions must dot.gov. increase risks to public safety or the include the agency name and docket SUPPLEMENTARY INFORMATION: environment. number for this proposed rule. If you I. Executive Summary In accordance with 49 U.S.C. 60102, submit your comments by mail, submit II. Background Executive Order (E.O.) 12866, and DOT two copies. If you wish to receive III. Request for Input policy, PHMSA has prepared an initial confirmation that PHMSA has received IV. Proposed Amendments assessment of the costs and benefits of your comments by mail, include a self- V. Availability of Standards Incorporated by these proposed changes as well as addressed stamped postcard. Reference VI. Regulatory Analyses and Notices reasonable alternatives. PHMSA has Privacy Act: In accordance with 5 released the preliminary regulatory U.S.C. 553(c), DOT solicits comments I. EXECUTIVE SUMMARY impact analysis (RIA) concurrent with from the public to better inform its A. Purpose of This Rulemaking Action this NPRM for public review and rulemaking process. DOT posts these comment, and it is available in the comments, without edit, including any PHMSA is proposing to amend the docket. personal information the commenter Federal Pipeline Safety Regulations at provides, to http://www.regulations.gov, 49 CFR parts 190, 194, and 195 to II. Background as described in the system of records reduce the regulatory burden on In response to E.O. 13771, ‘‘Reducing notice (DOT/ALL–14 FDMS), which can pipeline systems transporting hazardous Regulation and Controlling Regulatory be reviewed at https:// liquids. The proposed amendments in Costs,’’ E.O. 13783, ‘‘Promoting Energy www.transportation.gov/privacy. this rulemaking include regulatory relief Independence and Economic Growth,’’

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and E.O. 13777, ‘‘Enforcing the risks and cost burdens; and (3) provide and inspectors when PHMSA requests Regulatory Reform Agenda,’’ DOT specific alternatives if appropriate. operators manually re-submit records issued two notices soliciting regulatory that were provided in an unusable IV. Proposed Amendments reform ideas from the public. The first format. notification (82 FR 26734; June 8, 2017) A. Part 190 Pipeline Safety Historically, pipeline operators requested public comment on existing Enforcement and Regulatory Procedures provided PHMSA with paper copies of regulations that may be obstacles to records during the agency’s routine The Pipeline Safety Laws (49 U.S.C. transportation infrastructure projects. inspections and accident investigations. 60101 et seq.) require pipeline operators DOT received more than 200 comments As technology has evolved, operators to maintain records, make reports, and in the transportation infrastructure have provided electronic and hard provide certain information to PHMSA docket, including six comments that are copies of company records to PHMSA. upon request. PHMSA is proposing to relevant to the Federal Pipeline Safety Recently, some operators have requested amend its regulations under part 190 to Regulations.1 The second notification that PHMSA access and review clarify the requirements for producing (82 FR 45750; Oct. 2, 2017) requested documents related to incidents or records during an agency inspection or comment on existing rules and other investigations through an operator- investigation in a way that recognizes agency actions that may be eligible for controlled electronic record delivery repeal, replacement, suspension, or technological innovation. The proposed system (often referred to as a ‘‘portal’’). modification without compromising changes would clarify that new PHMSA recognizes that electronic safety. DOT asked the public to identify technology is permitted while ensuring systems present an opportunity to agency actions that eliminate jobs or that PHMSA can effectively enforce the deliver operator records to PHMSA in a inhibit job creation; are outdated, Federal Pipeline Safety Regulations. cost-effective manner. However, some unnecessary, or ineffective; impose Section 190.203 Inspections and electronic systems alter the usability of costs that exceed benefits; create a investigations documents in a way that limits serious inconsistency or otherwise PHMSA’s ability to carry out its The Pipeline Safety Laws require interfere with regulatory reform statutory responsibilities under the operators to make records, reports and initiatives and policies; could be revised Pipeline Safety Laws. For example, to use performance standards in lieu of information available to PHMSA upon some portals are ‘‘view only’’ and do not design standards; or potentially request and provide the information that allow PHMSA the ability to download, is required in order to decide whether print, or search important operator unnecessarily encumber energy 3 production. After a 30-day comment or not an operator is in compliance. records; many of these documents must period, DOT re-opened the comment PHMSA is proposing to clarify that be analyzed and compared with other period until December 1, 2017 (82 FR operators may submit records documents, and cannot be adequately 51178; Nov. 3, 2017). Of the nearly electronically, provided that the method reviewed by viewing on a computer 3,000 public comments received, used to submit information allows screen one page at a time. Other features approximately 30 were related to the PHMSA to download and print non- that have impeded PHMSA’s review of Federal Pipeline Safety Regulations.2 redacted copies of records in their documents include automatic To support DOT’s regulatory reform original format (the file format used by watermarking, intrusive monitoring efforts, PHMSA’s Office of Pipeline the application that created the systems, and systems that convert Safety (OPS) reviewed, considered, and electronic document) and does not documents to un-searchable PDFs. identified existing regulations that impose limitations that impede In order to maintain consistency could be improved, revised, repealed, or PHMSA’s ability to enforce the Pipeline between operator-submitted paper and streamlined. OPS also considered the Safety Laws. PHMSA recognizes that electronic records, PHMSA proposes to public comments submitted in response record production technology will place certain minimum standards on the to DOT’s June 8, 2017 notice soliciting continue to evolve and intends to define capabilities of an operator’s record comments about transportation document production standards in this production and delivery systems. infrastructure, DOT’s October 2, 2017 proposed rule in a way does not create Specifically, PHMSA proposes to public notice soliciting comments on a barrier to innovation in record require that, for any records that an regulatory reform, and petitions for production technology. Thus, PHMSA’s operator chooses to submit to PHMSA rulemakings. These amendments to proposed change would set consistent using an electronic record delivery PHMSA regulations are being proposed minimum standards for providing system or similar technology, the based on the input received in response records to PHMSA and give operators electronic record delivery system or to those notifications. the choice to select the best method to technology must: (1) Allow PHMSA to deliver the information that PHMSA download and print all records on the III. Request for Input needs to enforce the Pipeline Safety portal from any U.S.-based internet PHMSA is seeking public comments Laws. This change does not have direct access point without redacting or on the regulatory reform actions safety effects but will improve the altering the document (e.g., proposed in this NPRM. PHMSA will efficiency of inspections and watermarking, date and time-stamping consider all relevant and substantive investigations. with username/access date information); comments but encourages interested PHMSA encourages the use of (2) not remove or restrict document parties to submit comments that: (1) technology that makes sending and functionality that is available to the Identify the proposed amendments receiving records more convenient; operator for each document, meaning being commented on and the however, that goal is undermined by a that if the original format of a document appropriate section numbers; (2) lack of clear expectations for the quality allows for the ability to magnify a provide justification for their support or and usability of information submitted document while maintaining legibility; opposition to the proposed to the agency. This lack of clear search a record for text; or search for amendments, especially data on safety expectations leads to unnecessary specific records by name, date, or file delays and burdens on both operators type, then those same capabilities must 1 Docket No. DOT–OST–2017–0057. be available to PHMSA personnel; and 2 Docket No. DOT–OST–2017–0069. 3 49 U.S.C. 60117(b). (3) provide PHMSA with a point of

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contact who is responsible for proposed rule ensures that operators do with a second copy that has confidential addressing reported problems with the not spend time creating systems that are commercial information redacted. system or any record displayed on the unusable by PHMSA and allows the In addition to the changes to system. If the point of contact is not a agency to efficiently access and use redaction requirements, PHMSA also site administrator, then PHMSA would electronic records. proposes to clarify what is required to expect the point of contact to have assert that information is confidential Section 190.343 Information made direct access to a site administrator commercial information. Simply available to the public and request for responsible for fixing problems as marking records ‘‘confidential’’ under a protection of confidential commercial expeditiously as possible. general claim of confidentiality is not information For any electronic record delivery sufficient for the purposes of claiming system that PHMSA accesses for the Section 190.343 establishes the confidential commercial information. purposes of enforcing the Pipeline procedures for operators to request PHMSA proposes to require operators Safety Laws, operators must: (1) Disable confidential treatment of commercial provide a specific explanation of why the use of activation codes that must be information they submit to PHMSA, the information is confidential entered to begin any individual session; including a requirement for operators to commercial information. The proposed (2) disable any unnecessary internet provide PHMSA with a redacted copy of rule also clarifies § 190.343 by connectivity requirements to view the records being submitted and an eliminating superfluous language in downloaded documents; (3) disable any explanation as to why the information is paragraph (b) that indicates under what document tracking features; (4) ensure confidential commercial information. conditions PHMSA will treat that any ‘‘time-out’’ feature be set to a PHMSA is proposing to revise these information as confidential. reasonable amount of time, but no requirements to reduce the burden shorter than one hour; and (5) not associated with redacting documents B. Part 194 Response Plans for impose any pre-access conditions (e.g., containing confidential information. Onshore Oil Pipelines through log-in agreements or This change has no direct safety effects PHMSA promulgated part 194 in notifications) that hinder PHMSA’s but may improve the efficiency of response to the mandates in the Oil ability to use records displayed on the inspections and investigations. Pollution Act of 1990 (OPA 90).4 OPA portal. If PHMSA determines that an In response to DOT’s notification of 90 requires any operator of a ship or operator’s electronic record delivery regulatory reform (82 FR 45750; Oct. 2, facility, including pipeline facilities, system would impede or otherwise 2017), the American Petroleum Institute that could cause substantial prevent PHMSA’s efficient review of (API) and the Association of Oil environmental harm by discharging oil records in an inspection or Pipelines (AOPL) expressed concerns into or on the navigable waters or investigation, or if the system is about the need to provide a copy of adjoining shorelines of the United otherwise in conflict with PHMSA redacted records under § 190.343(a), States, to prepare and submit a facility regulations, PHMSA may order an especially records that are requested response plan (FRP) for a worst-case oil operator to deliver records via an during inspections and investigations. discharge. Part 194 requires operators of alternative method or in an alternative API and AOPL stated, ‘‘the process of onshore oil pipeline facilities to prepare format. redacting information from voluminous an FRP and establishes the minimum The proposed rule gives operators the documents is very burdensome and requirements for what the operators choice to select the best method to costly, and if a Freedom of Information must include in their FRPs. In all FRPs, deliver information to PHMSA and does Act (FOIA) request is not made for the the operator must describe a ‘‘worst- not require operators to modify records documents, then dedicating significant case’’ scenario as well as the appropriate to meet these requirements. PHMSA resources to such an effort is response to that discharge, including proposes to require operators submit unwarranted.’’ Pipeline operators have details regarding the equipment and electronic records in their original expressed similar concerns to PHMSA personnel that will be made available format unless PHMSA allows an staff. during the specified timeframe PHMSA understands this concern and alternative format. Operators must not following the discharge to appropriately also has observed that redaction alter documents in a way that impedes contain and clean up the spill. Part 194 requirements can lead to delays during PHMSA’s ability to effectively or also requires operators to run drills and investigations. For these reasons, efficiently review the documents. For exercises based on their FRPs to prepare PHMSA proposes to provide operators example, if a particular report is in PDF for an acutal release. format, PHMSA would not expect an the option, but not the obligation, to PHMSA is proposing several changes operator to convert it to a word submit a redacted copy of records to part 194 to streamline how operators document before submitting it to containing confidential commercial of onshore oil pipelines must plan, PHMSA through an electronic system. information submitted for purposes prepare, and submit FRPs as required by On the other hand, an electronic system other than rulemaking or special permit OPA 90. The proposed changes are that converts all submitted documents, proceedings, such as in response to a intended to improve the clarity of the including searchable spreadsheets or PHMSA inspection or investigation. requirements and applicability of part word processor documents, to PDF form PHMSA proposes to continue to require 194, codify current policy, ensure would not be acceptable. operators to submit a redacted copy of consistency with other federal Clear requirements for electronic records submitted in rulemaking requirements and terminology, and record delivery systems will reduce proceedings and in applications for reduce regulatory burdens without delays for both operators and PHMSA. special permits and renewals, since compromising safety. Notably, this The Pipeline Safety Laws require those documents must be placed in a NPRM would clarify the applicability of operators to make records, reports, and public docket. The proposed revision part 194 by removing a list of information available upon request in results in cost savings in situations in exemptions that are incorrectly defined order to assist PHMSA’s determination which it may be burdensome and costly regarding whether an operator is in for operators to redact records prior to 4 The Oil Pollution Act of 1990 (OPA 90) (33 compliance with the Pipeline Safety submission. In other situations, U.S.C. 1321) amended the Federal Water Pollution Laws (49 U.S.C. 60117(b)). The operators may prefer to provide PHMSA Control Act (FWPCA).

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as ‘‘exceptions’’ in § 194.101. Section consistent with the authorizing affect navigable waters within 4 hours of 194.101(b)(1) lists ‘‘exceptions’’ to the legislation, OPA 90, and does not a release. The proposed changes will requirements of part 194. However, compromise safety since the distinction provide increased clarity regarding the these ‘‘exceptions’’ are not applicable if between ‘‘substantial harm’’ and applicability of part 194 without the pipeline facility could cause ‘‘significant and substantial harm’’ has affecting safety. ‘‘substantial’’ or ‘‘significant and no effect on the plan requirements. These proposed amendments will also substantial harm’’ to navigable waters or PHMSA is also proposing additional clarify that part 194 is not applicable to adjoining shorelines. Since part 194 provisions to make it easier for an operators of onshore oil pipeline only applies to pipeline facilities that operator to prepare and submit response facilities that are 65⁄8 inches or less in could affect navigable waterways or plans. These changes would include: (1) diameter and greater than 10 miles in adjoining shorelines, these are not true Allowing operators to use spill length or greater than 65⁄8 inches in exceptions. Partially removing the modeling for estimating WCDs; (2) diameter and 10 miles or less in length ‘‘exceptions’’ as currently written would requiring operators to submit plans that do not affect navigable waters or clarify the applicability of part 194 in a electronically; (3) allowing operators to adjoining shorelines. The existing manner consistent with OPA 90. submit DOT annexes to existing exceptions omit the possible PHMSA is proposing to move the response plans prepared for state combinations of small diameter ‘‘exception’’ currently listed in regulators; and (4) clarifying that an pipelines longer than 10 miles in length § 194.101(b)(2)(ii) to § 194.3(b). This operator must submit plans before and larger diameter pipelines 10 miles exemption applies to pipelines 65⁄8 putting a pipeline facility in service or less in length. This incorrectly inches or less in diameter, ten miles or rather than prior to beginning implies that operators of those onshore less in length, and where the operator construction. PHMSA is also proposing oil pipelines must submit response determines that it is unlikely that the technical and editorial changes for plans even if they would not affect worst-case discharge (WCD) from any consistency and clarity. The following is navigable waters or adjoining point on the line section would a section by section discussion of the shorelines. Given that OPA applies to adversely affect, within 4 hours after the proposed changes. facilities that could affect navigable initiation of the discharge, any Section 194.3 Applicability. waters and adjoining shorelines, an FRP navigable waters, public drinking water is not required for such facilities. intake, or environmentally sensitive Section 194.3 defines the applicability areas. Due to the lower risk presented by of part 194. Part 194 applies to onshore Section 194.5 Definitions these low-capacity pipelines that are oil pipeline facilities that, because of its Section 194.5 provides definitions removed from protected resources, location, the operator determines that specific to part 194. PHMSA is PHMSA wishes to explicitly recognize oil discharged from any point on the proposing to add, revise, and remove the possibility that these pipelines may pipeline facility could reasonably be several definitions from this section to not require a plan. expected to adversely affect any ensure the terms used throughout part Additionally, PHMSA is proposing to navigable waters in the U.S. or adjoining 194 are clear and accurate. PHMSA also remove the terms ‘‘substantial harm’’ shorelines. PHMSA is proposing to believes that amending certain and ‘‘significant and substantial harm’’ revise this section to clarify that part definitions in part 194 will help from the regulations and remove 194 applies to pipeline facilities that improve the readability of the part. § 194.103 in its entirety. Currently, part could affect the navigable waters of the 194 requires an operator to make a U.S. or adjoining shorelines within 12 Area Contingency Plan (ACP) and distinction between the types of hours, with an exception for smaller- National Contingency Plan (NCP) potential harm an oil spill could cause, diameter or shorter pipelines that PHMSA proposes to add definitions include a statement in its FRP if certain cannot adversely affect navigable waters for National Contingency Plan (NCP) 5 conditions are met, and submit a plan within 4 hours. and Area Contingency Plan (ACP) in accordingly. OPA 90 requires These changes would preserve the part 194. The proposed rule defines the submission of plans for facilities that current exceptions in § 194.101(b) for: NCP as the National Oil and Hazardous could cause ‘‘substantial harm’’ or (1) Pipeline facilities where a discharge Substances Pollution Contingency Plan ‘‘significant and substantial harm,’’ but would not affect water within 12 hours codified in 40 CFR part 300. The NCP does not expressly require approval of of the release, and (2) pipeline facilities 5 provides the national-level plans for ‘‘substantial harm’’ facilities. 6 ⁄8 inches or less in diameter and 10 organizational structure and procedures PHMSA has historically reviewed plans miles or less in length where a discharge for preparing for and responding to oil for both types of facilities for accuracy would not be able to affect water within spills and other hazardous releases. and completeness, communicated those 4 hours of the discharge. The current PHMSA also proposes to define ACP as findings to the operators, and required exception in § 194.101(b)(1) is not a regional response plan prepared in correction where needed. Furthermore, explicitly retained because that accordance with OPA 90 and the NCP. the requirements in part 194 for exception only applies if the pipeline is Various environmental laws and pipeline facilities that could cause not in proximity to navigable waters. regulations, primarily the ‘‘substantial harm’’ are the same as the Since part 194 does not apply to Comprehensive Environmental requirements for pipeline facilities that pipelines that cannot affect navigable Response, Compensation and Liability could cause ‘‘significant and substantial waters, the exception in § 194.101(b)(1) Act (CERCLA) 6, OPA 90, and the NCP harm.’’ Distinguishing between the two is meaningless. This change will, establish tiered classifications of creates unnecessary categories and some therefore, not have an effect on the response plans to ensure that the degree of burden to operators and number of operators subject to the part government and other entities have PHMSA. PHMSA proposes to remove 194 requirements since all FRPs adequate protocols and resources in these terms, clarify the applicability of currently submitted to PHMSA are for place to respond to an oil spill part 194 in § 192.3, and thus eliminate pipelines that are greater than 65⁄8 in a minor regulatory burden associated diameter and could affect navigable 5 40 CFR part 300, National Contingency Plan, with justifying the appropriate waters within 12 hours of a release or NCP. determination. This change would be are less than 65⁄8 in diameter and can 6 Pub. L. 95–510, aka Superfund.

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regardless of the scope of the spill. The and Combustible Liquids Code,’’ which authority over ‘‘transportation-related’’ broadest response plan is the PHMSA would also incorporate by facilities to the Secretary of nationwide NCP, which was created by reference into part 194. PHMSA Transportation to the extent those CERCLA and is codified by the proposes to codify this term, consistent facilities are ‘‘located landward of the Environmental Protection Agency in 40 with PHMSA’s previous interpretation, coast line.’’ The MOU provides that CFR part 300. ACPs are regional as a dike, berm, or other physical ‘‘[t]he term ‘coast line’ shall be defined response plans required by OPA 90 containment outside of the secondary as in the Submerged Lands Act (43 which cover smaller geographical areas containment. NFPA 30 defines U.S.C. 1301(c)) to mean ‘the line of defined in the NCP. The most detailed secondary containment for piping ordinary low water along that portion of plans are facility-specific response systems as containment that is external the coast which is in direct contact with plans, which must be consistent with to and separate from the primary piping the open sea and the line marking the the applicable ACPs and the NCP. Since system; a secondary containment tank is seaward limit of inland waters.’’’ 40 PHMSA uses the terms ACP and NCP defined as one that has an inner wall CFR part 112, appendix B. To the extent throughout part 194, the regulations and an outer wall with a means for the MOU re-delegates authority over would benefit from spelling out and monitoring the space between the walls pipelines from the Secretary of the defining these terms. for leaks. Interior to the Secretary of Transportation, the Secretary of Worst-case Discharge Contract or Other PHMSA-approved Means Transportation has delegated that Part 194 requires an operator to authority to PHMSA. See Memorandum determine a ‘‘worst-case discharge’’ PHMSA is proposing to revise the from the Secretary to the Administrator, (WCD) volume to account for in its FRP. definition of ‘‘contract or other PHMSA, re: Ratification of Research and The WCD is the largest of three approved means’’ to clearly define Special Programs (‘‘RSPA’’) and PHMSA elements: (1) Largest discharge from a which methods for documenting the Approvals of Oil Spill Response Plans, line section calculated by adding the availability of adequate response and Delegation of Authority to PHMSA possible amount released following a resources, other than a signed contract (Aug. 18, 2016). with an oil spill removal organization pipeline failure before a pipeline is Thus, PHMSA has been delegated (OSRO), are approved. PHMSA also shutdown with the line section drain authority to review and approve proposes to clarify that documentation down after shutdown; (2) volume of response plans for pipelines located of active membership in cooperative or largest breakout tank or battery of tanks landward of the coast line, regardless of mutual aid agreements is also approved. with credits for preventative measures; whether those pipelines are considered The proposed revisions add clarity and or (3) largest historic discharge. under the CWA’s definitions to be transparency to PHMSA’s review and Currently, the WCD is defined as the ‘‘onshore facilities,’’ ‘‘offshore approval of plan documentation. largest foreseeable discharge of oil, facilities,’’ or both. including discharge from fire or Onshore Oil Pipeline Facilities Beginning with the promulgation of explosion, in adverse weather PHMSA proposes amending the 49 CFR part 194 in 1993, PHMSA has conditions. PHMSA is proposing to definition of ‘‘onshore oil pipeline implemented its authority under the remove the phrase ‘‘in adverse weather facilities’’ to clarify the scope of the part CWA by treating the entirety of every conditions’’ from the definition of WCD 194 regulations in light of potential pipeline located landward of the coast and instead require operators consider ambiguity regarding the proper line as an ‘‘onshore facility’’ for adverse weather in § 194.107 when classification of pipelines under the purposes of the CWA, even if some developing the plan. Potential weather CWA. segments cross navigable waters. In conditions have no effect on calculation The CWA defines ‘‘onshore facility’’ other words, for the purposes of part for the volume of oil discharged from a as ‘‘any facility . . . of any kind located 194, PHMSA does not consider that pipeline facility, but is an important in, on, or under any land within the there are any ‘‘offshore’’ pipeline consideration for planning the spill United States other than submerged facilities landward of the coast line. response itself. This change may land.’’ 33 U.S.C. 1321(a)(10). The Thus, the current version of § 194.5 therefore improve the quality of FRPs. President has delegated to the Secretary defines ‘‘onshore oil pipeline facilities’’ Specified Minimum Yield Strength of Transportation the authority to to include only those facilities ‘‘in, on, review and approve response plans for or under, any land within the United PHMSA is proposing to remove the ‘‘transportation-related’’ onshore States other than submerged land,’’ definition of ‘‘specified minimum yield facilities, including pipelines. See E.O. while defining ‘‘high volume area’’ in a strength’’ since the term only appears in 12777, section 2(d)(2) (Oct. 18, 1991). way that recognizes that an ‘‘onshore oil § 194.101, which is a section PHMSA is With respect to pipelines, the Secretary pipeline facility’’ may ‘‘cross a major proposing to remove. This definition, of Transportation has delegated that river or other navigable waters.’’ therefore, would no longer be necessary. authority to PHMSA. See 49 CFR In recent litigation, a plaintiff asserted Tertiary Containment 1.97(c)(2). that every segment of a pipeline The CWA defines ‘‘offshore facility’’ landward of the coast line that crosses PHMSA is proposing to add a to include ‘‘any facility of any kind navigable waters is an ‘‘offshore definition for ‘‘tertiary containment,’’ located in, on, or under, any of the facility,’’ and that PHMSA acted which appears in § 194.105 but is not navigable waters of the United States.’’ unlawfully in approving response plans defined. PHMSA’s interpretation 7 of Id. section 1321(a)(11). The President covering such segments pursuant to ‘‘tertiary containment’’ is based on the has delegated to the Secretary of the regulations that only apply to facilities definition of secondary containment in Interior the authority to review and ‘‘in, on, or under, any land.’’ The court the National Fire Protection Association approve response plans for ‘‘offshore disagreed, holding that ‘‘PHMSA’s (NFPA) standard NFPA 30, ‘‘Flammable facilities.’’ See E.O. 12777, section interpretation of oil pipelines that cross navigable waters as single onshore 7 PHMSA. Interpretation Response #PI–14–0010, 2(d)(3). Under a Memorandum of 10/6/2014. https://www.phmsa.dot.gov/regulations/ Understanding (MOU), the Secretary of facilities is reasonable within the title49/interp/PI–14-0010. the Interior has re-delegated his meaning of the CWA.’’ Nat’l Wildlife

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Fed. v. Sec’y of the Dep’t of Transp., 374 editions of the standards were IBR into other liquids used in the petrochemical F. Supp. 3d 634, 647 (E.D. Mich. 2019). part 194. These are the same editions industry. Tanks designed, constructed, PHMSA continues to implement its that are currently incorporated by and tested in accordance with API Std authority under the CWA consistent reference in part 195. 620 are rated to operate with a vapor with its long-held interpretation that the API Recommended Practice 651, pressure up to 15 psig and a metal entirety of every pipeline located temperature below 250 °F. Section landward of the coast line is an Cathodic Protection of Aboveground Petroleum Storage Tanks, Third Edition 194.105(b)(4) allows an operator to ‘‘onshore facility’’ for purposes of the reduce the calculated WCD from a CWA, even if some segments cross API Recommended Practice (RP) 651, breakout tank by 10% if the tank is built navigable waters. To provide additional Third Edition (2007) specifies and repaired in accordance with API certainty, however, PHMSA proposes procedures and practices for applying amending the definition of ‘‘onshore oil cathodic protection, a method of Std 620. pipeline facilities’’ to make clear that protecting metallic facilities from API Standard 650, Welded Steel Tanks the part 194 regulations cover all corrosion, to aboveground petroleum for Oil Storage, 11th Edition (Including pipelines landward of the coast line, storage tanks. This RP contains: (1) Addendum 1, Addendum 2, Addendum regardless of whether those pipelines Procedures and practices for effective 3, and Errata) are considered under the CWA’s corrosion control on aboveground definitions to be ‘‘onshore facilities,’’ storage tank bottoms through the use of API Std 650, Eleventh Edition (2007), ‘‘offshore facilities,’’ or both. This cathodic protection; (2) provisions for along with Addendum 1 (2008), change would maintain the status quo the application of cathodic protection to Addendum 2 (2009), Addendum 3 and have no impact on the substance of existing and new aboveground storage (2011), and Errata (2011) establishes the response plans submitted by tanks; and (3) information and guidance minimum requirements for material, operators. Operators could continue to for cathodic protection specific to design, fabrication, erection, and testing aboveground metallic storage tanks in submit response plans covering a for vertical, cylindrical, aboveground, hydrocarbon service. Section 8 of the RP response zone made up of multiple closed- and open-top, welded storage sets forth cathodic protection criteria to facilities, and the requirements for those tanks in various sizes and capacities for plans would remain unchanged. determine whether adequate cathodic protection has been achieved on internal pressures approximating Major River aboveground breakout tanks. atmospheric pressure. This standard PHMSA is proposing to remove the Compliance with the cathodic applies only to tanks whose entire definition for ‘‘major river.’’ This change protection procedures and practices in bottom is uniformly supported and to would not affect the requirements of API RP 651, API Std 650, and API Std tanks in non-refrigerated service that part 194 as the meaningful portions of 653, as applicable, allows an operator to have a maximum design temperature of the definition are repeated elsewhere. claim a 5% prevention credit to reduce 93°C (200 °F) or less. In § 194.105, The term ‘‘major river’’ only appears in the calculated WCD of a breakout tank. operators may claim a 10% prevention the definition for ‘‘high volume area,’’ credit to reduce the calculated WCD of API Recommended Practice 2350, which includes the first part of the a breakout tank if the tank is built and Overfill Protection for Storage Tanks in ‘‘major river’’ definition regarding repaired in accordance with API Std 650 Petroleum Facilities, Third Edition waterways with high flow volumes and and API Std 653, if applicable. vessel traffic. The second part of the API RP 2350 Third Edition (2005) is Additionally, operators may claim a 5% major river definition is adequately specifically limited to tanks associated prevention credit if the breakout tank is covered by the high-volume area with marketing, refining, pipeline and cathodically protected and tested in definition and appendix B and is similar facilities containing Class I or accordance with API Std 650 and API unnecessary. Additionally, the book that Class II petroleum liquids. It addresses 651, if applicable. is referenced is outdated, out of print, minimum overfill and damage and not readily available to the public. prevention practices for aboveground API Standard 653, Tank Inspection, storage tanks in petroleum facilities, Repair, Alteration, and Reconstruction, Section 194.7 Operating Restrictions including refineries, marketing Third Edition (Including Addendum 1, and Interim Operating Authorization terminals, bulk plants, and pipeline Addendum 2, Addendum 3, and Errata) PHMSA is proposing technical and terminals that receive flammable and editorial amendments to § 194.7 to combustible liquids. In § 194.105, API Std 653, Third Edition (2001), account for the removal of §§ 194.101 operators may claim a 5% prevention along with Addendum 1 (2003), and 194.103. credit to reduce the calculated WCD of Addendum 2 (2005), Addendum 3 a breakout tank if the tank has an (2008), and Errata (2008), provides Section 194.9 Incorporation by overfill protection system that complies minimum requirements for maintenance Reference with API RP 2350. inspection, repair, alteration, relocation, PHMSA is proposing to add a new and reconstruction of aboveground steel section to part 194 to list standards and API Standard 620, Design and Construction of Large, Welded, Low- oil storage tanks once they have been documents from the American placed in service, manufactured in Petroleum Institute (API), the National Pressure Storage Tanks, 11th Edition (including Addendum 1, Addendum 2, accordance with API Std 650 or its Fire Protection Association (NFPA), and predecessor API 12C. In § 194.105, the United States Coast Guard (USCG) and Addendum 3) operators may claim a 10% prevention that are incorporated by reference (IBR) API Standard (Std) 620, 11th Edition credit to reduce the calculated WCD of in this part. While the API and NFPA (2008), along with Addendum 1 (2009), documents were already listed in the Addendum 2 (2010), and Addendum 3 a breakout tank if the tank is repaired existing § 194.105 for the purposes of (2012) specifies design, construction, in accordance with API Std 653 and determining the worst-case discharge of and testing requirements for large, field- built and repaired in accordance with breakout tanks, part 194 lacked a assembled, welded steel tanks used to API Std 650, as applicable. specific IBR section identifying which store petroleum, petroleum products, or

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NFPA–30, Flammable and Combustible Pursuant to 33 CFR parts 154 and 155, Section 194.103 Significant and Liquids Code, 2012 Edition (Including OSROs are classified into three tiers Substantial Harm; Operator’s Statement Errata 30–12–1 and Errata 30–12–2) based on their response time PHMSA is proposing to remove this NFPA 30, 2012 Edition, provides capabilities. Tier 1 OSROs have the section and all references to ‘‘significant fundamental safeguards for the storage, most stringent response time and substantial harm’’ and ‘‘substantial handling, and use of flammable and requirements and must be able to harm.’’ Section 194.103 defines combustible liquids. It is a relatively deploy the specified quantity of initial conditions where a pipeline facility can broad document covering general fire resources on-site within 12 hours of be expected to cause ‘‘significant and safety considerations for facilities where notification (6 hours within a higher- substantial harm to the environment in flammable and combustible liquids are volume port area). These response time the event of a discharge of oil.’’ If these present and specific requirements for a requirements are further discussed in conditions are not met, then a WCD can number of different types of situations Chapter 4 of the USCG’s OSRO be assumed to cause ‘‘substantial harm.’’ and facilities. In § 194.105(b)(4), NFPA Classification Program Guidelines. The There is no functional difference 30 is referenced to determine whether document also addresses personnel between the requirements for facilities prevention credits can be applied for training, equipment maintenance, and that could cause ‘‘significant and breakout tanks for secondary other requirements OSROs must meet to substantial harm’’ and facilities that containment or drainage/treatment. could cause ‘‘substantial harm.’’ be classified. OSROs are periodically Most breakout tanks are aboveground Currently, the requirements for inspected by the USCG to confirm that storage tanks covered under Chapter 22 preparing a ‘‘significant and substantial of NFPA 30. Section 22.11 covers the they still meet the readiness harm’’ or ‘‘substantial harm plans’’ are spill control specifications for dikes, requirements described in this nearly the same, as shown in the table berms, secondary containment tanks, document. below. impoundment, and drainage. If a A contract with a USCG-classified breakout tank is provided secondary OSRO is not required to comply with A ‘‘significant and substantial harm’’ A ‘‘substantial harm’’ plan: containment in accordance with the part 194; however, it is a convenient plan: applicable provisions of NFPA 30, then way of providing and documenting the operator may reduce the calculated adequate response resources in an Oil (1) includes a (1) does not require a WCD of the tank by 50% as a prevention Spill Response Plan (OSRP). PHMSA statement for statement of harm; credit. proposes to revise § 194.115 to adopt the why the pipe- line could Guidelines for the U.S. Coast Guard Oil response resources requirements from cause signifi- Spill Removal Organization the USCG oil facilities regulations in cant and sub- Classification Program appendix C to part 154, Guidelines for stantial harm PHMSA proposes to IBR the United Determining and Evaluating Required according to States Department of Homeland Response Resources for Facility the conditions at 49 CFR Security, United States Coast Guard Response Plans, and the existing response time requirements identical to 194.103;. (USCG) ‘‘Guidelines for the U.S. Coast (2) must be ap- (2) must be reviewed by Guard Oil Spill Removal Organization the WCD Tier 1 requirements in the proved by PHMSA; and Classification Program,’’ June 2019.8 ‘‘Guidelines for the U.S. Coast Guard Oil PHMSA; and. This document describes the Spill Removal Organization (3) must be up- (3) must be updated and requirements for OSROs to be classified Classification Program.’’ Therefore, a dated and re- resubmitted to PHMSA by the USCG to respond to and recover contract with an OSRO classified by the submitted to within 5 years of sub- oil spills of various sizes at various USCG as a WCD Tier 1 for facilities PHMSA within mission. locations. The USCG classifies OSROs 5 years of each meets the response resources approval. based on the location of their response requirements in §§ 194.115 and resources and an assessment of their 194.107(b)(1)(vi). PHMSA reviews all ‘‘significant and ability to mobilize those resources. An substantial harm’’ and ‘‘substantial OSRO’s response resources (e.g., booms, Section 194.101 Operators Required to harm’’ plans equally and requires skimmers, vessels, storage, and Submit Plans operators to correct any deficiencies the personnel) and response times must agency identifies. Operators with meet or exceed the response capability PHMSA is proposing to remove ‘‘significant and substantial harm’’ plans caps needed by a facility, tank vessel, § 194.101 and incorporate the most in compliance with part 194 receive a and non-tank vessel plan holder.9 relevant exceptions found in this section into the applicability section at letter from PHMSA stating the agency approves the plan. Operators with 8 Available at https://homeport.uscg.mil/Lists/ § 194.3. Including these conditions into Content/Attachments/55022/2019%20Guidelines the applicability statement serves the ‘‘substantial harm’’ plans in compliance %20for%20the%20US%20Coast%20Guard same purpose. with part 194 receive a letter from %20OSRO%20Classification%20Program.pdf. PHMSA stating the agency reviewed the 9 Section 311(j) of the Federal Water Pollution plan for compliance. The differentiation Control Act (FWPCA), amended by section 4202 of ensures, by contract or other approved means, the the Oil Pollution Act of 1990 (OPA 90), requires the availability of response resources (personnel and in plan types appears to cause confusion preparation and submission of response plans by equipment) necessary to remove, to the maximum as evidenced by submission of the owners or operators of certain oil-handling extent practicable, a WCD, including a discharge ‘‘significant and substantial harm’’ facilities and for all vessels defined as ‘‘tank and resulting from fire or explosion, and to mitigate or statements for pipelines that do not non-tank vessels’’ (hereafter referred to as plan prevent a substantial threat of such a discharge. To holders). Plan holders, through their response meet the criteria. PHMSA has also plans, must address the complex system for relieve the burden upon plan holders to provide received ‘‘substantial harm’’ plans that assembling, mobilizing, and controlling response detailed lists of response resources, the USCG include resubmittal requirements for created the OSRO classification program, so that resources to maintain statutory compliance as well ‘‘significant and substantial harm’’ as being prepared to respond to oil spills within plan holders would be required to identify the their area of operation. Plan holders must submit OSROs only by name in their response plans, if the plans. For this reason, PHMSA is a response plan to the USCG that identifies and OSRO meets a plan holder’s planning requirements. proposing to remove § 194.103. In

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§ 194.119, PHMSA proposes to review 7000.1, which includes the volume of and substantial harm.’’ PHMSA is also all facility response plans for product spilled. PHMSA can use the proposing to remove the reference to the compliance and issue letters of approval data from accident reports to evaluate term ‘‘substantial threat.’’ Operators to acceptable plans, which is consistent the historic WCD volume of a facility must consider WCDs regardless of with how PHMSA currently manages instead of requiring the operator to whether they are a result of abnormal both types of plans it receives. provide the information separately. operating conditions, so including the Similarly, in § 194.121, PHMSA Removing the requirement to report term substantial threat is redundant of proposes to require operators to review historic discharge in § 194.105(b)(2) will the WCD requirement. In addition, and resubmit all response plans within provide some cost savings to operators PHMSA proposes to move the phrase five years of the date of the last when preparing their plans without ‘‘in adverse weather conditions’’ from approval. This administrative change impacting the quality of FRPs or the definition of WCD to § 194.107(a). will not impact safety since the majority reducing the data available for analysis While weather conditions do not change of plans are updated before the five-year by PHMSA. The revised requirements at the calculations for WCD values, resubmission timeframe due to other § 194.105 would require calculations adverse weather or climate conditions changes affecting a plan. for: (1) The maximum release from a can affect how to plan for and respond pipeline section, and (2) capacity of the Section 194.105 Worst Case Discharge to spills. Adding a reference to adverse single largest breakout tank or battery of weather in the plan requirements would Each operator must determine the tanks within a single secondary clarify that response planning must WCD of oil possible from its pipeline containment with applicable prevention consider the operating environment that facility. PHMSA is proposing to remove credits applied. may be present during a spill. These the requirement to include historical PHMSA is also proposing to clarify changes codify PHMSA’s current discharge volumes in the WCD that an operator may use oil spill practices. calculation and allow the use of spill modeling programs to calculate the Additionally, PHMSA is proposing to models. Currently, the regulations WCDs. These programs calculate the revise § 194.107(b) to codify current define a WCD as the largest volume of likelihood of a spill, as well as the PHMSA practices and streamline plan oil discharged when comparing: (1) The magnitude and environmental impacts submission requirements for maximum release from a pipeline line that might occur. An adequate spill consistency with other Federal section; (2) the capacity of the single model could also provide more accurate programs. For example, PHMSA largest breakout tank, or capacity of a predictions of potential spill volumes. currently lists a requirement to identify battery of tanks within a single Several operators use spill models to procedures for obtaining permission for secondary containment, with applicable calculate WCD for State-required in-situ burning or the use of dispersants prevention credits applied and; (3) the response plans or to assist them with under the section for complying with largest historic discharge. An operator managing the integrity of their pipeline the NCP. However, in-situ burning and must provide documentation showing facilities. PHMSA is aware of several dispersants are not permitted in all that it considered and correctly models that use the same variables as areas, especially onshore. PHMSA calculated the potential discharge the current regulatory requirements, therefore proposes to move this volume for each scenario. PHMSA then such as pipeline diameter, line section requirement to the section on complying compares the operator’s historical and length, detection and shutdown times, with ACPs and clarifying that operators calculated discharge volumes during its and maximum product flow rates. only need to provide procedures for review of the operator’s entire FRP. If Certain oil spill modeling programs may those activities if they are allowed in the the historical volume is greater than the also consider terrain, proximity to applicable ACP. calculated volume, PHMSA considers navigable waters, mechanical Section 194.107(c) specifies what the calculation incorrect, and the capabilities of valves, and other each response plan must include. operator must recalculate the volume or variables. These models can also PHMSA is proposing changes to align explain the anomaly. provide valuable information if a spill the regulations with current PHMSA PHMSA has determined that requiring were to occur anywhere along the practices. PHMSA is proposing to revise operators to submit historical discharge pipeline facility, not just at the location § 194.107(c) by adding a requirement to volumes in their FRPs is unnecessary of the WCD. and duplicative of other reporting include procedures for providing requirements in the Federal Pipeline Section 194.107 General response plan applicable Safety Data Sheets to Safety Regulations. Removing the requirements emergency responders and the Federal requirement for operators to submit this Section 194.107(a) describes the On-Scene Coordinator (FOSC) within information should have no effect on general content, such as procedures and six hours of a spill and clarify that the safety. The largest historical discharge is resources, an operator must include in immediate notification procedures in almost never the WCD and PHMSA has a response plan. An operator’s response § 194.107(c)(1)(ii) must include access to historical spill volumes plan must prove that the operator can notifications to the National Response through accident reports. Only the adequately respond to a WCD. PHMSA Center (NRC). The requirement to largest of the listed estimates is the is proposing a number of revisions to provide Safety Data Sheets to first WCD, and in the past five years, codify PHMSA policy, eliminate responders codifies a self-executing PHMSA has found only one instance in redundant reporting, and make requirement in section 14 of the which a plan noted a historic spill clarifications consistent with Federal Protecting our Infrastructure of volume that exceeded the calculated policy and terminology. Together, these Pipelines and Enhancing Safety (PIPES) WCD volume, and in that instance, the revisions will result in higher quality Act of 2016 (Pub. L. 114–183) and NRC difference was less than 50 barrels of FRPs, improved regulatory clarity, and notification is already required at hazardous liquid. reduced burden. § 195.52. PHMSA is also proposing to PHMSA will still have access to Consistent with the revisions to eliminate the requirement to provide a historical spill information. Section § 194.103 discussed earlier, PHMSA is list of response resources if an operator 195.50 requires operators to report proposing to amend § 194.107(a) to contracts with an OSRO classified by accidents to PHMSA via DOT Form remove any discussion of ‘‘significant the U.S. Coast Guard (USCG) as a WCD

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Tier 1 10 organization for the operating meet a State requirement if the operator submissions, PHMSA can use the NPMS environments (‘‘River/Canal,’’ ‘‘Inland,’’ also submits a DOT-specific appendix to quickly and accurately identify that or ‘‘Great Lakes,’’) that the pipeline addressing any additional Federal FRP for a FOSC during a spill or other facility could affect. This is consistent requirements under part 194 that are not type of emergency. Finally, PHMSA with other Federal requirements, addressed in the State plan. This will proposes eliminating the requirement codifies PHMSA’s current practices, and reduce the burden on operators to for operators to provide a basis for eliminates an unnecessary burden on prepare separate plans for both PHMSA determining if a WCD would cause the operator. OSROs provide lists of and a State. ‘‘significant and substantial harm,’’ as response resources to the expert agency Section 194.113 Information summary PHMSA is proposing to remove that USCG as a part of the classification term from part 194. These changes program, therefore requiring this The required elements of an result in a minor reduction in burden information from an operator is ‘‘Information Summary’’ are provided in with no impact on the quality of redundant. PHMSA also proposes to § 194.113. Currently, the information operators’ FRPs. clarify that procedures for testing summary for a core plan must provide equipment are only necessary if an a listing and description of each Section 194.115 Response resources operator controls response equipment; response zone covered by that plan. PHMSA is proposing to harmonize its procedures for maintaining equipment Operators have the option to subdivide oil pipeline response planning are inapplicable to operators that rely their response plans into ‘‘response requirements in § 194.115 with those of solely on OSROs and that do not own zones’’ in order to have different the USCG to ensure that pipeline response equipment. procedures for specific geographical operators have the necessary personnel Finally, PHMSA is proposing editorial areas. However, currently, any change and equipment available to remove to revisions throughout this section and in the configuration of response zones the maximum extent practicable, a changes to make these requirements requires amending the core plan. WCD. This proposed amendment is more consistent with current response PHMSA proposes to instead require that based on recommendations from the practices. The most notable of these the core plan list the applicable National Transportation Safety Board’s changes include: (1) Amending the term response zone appendices and move the (NTSB) accident report on the Enbridge ‘‘drill program’’ to read ‘‘drill and requirement to list the response zones to oil spill near Marshall, Michigan, in exercise program’’; (2) specifying that those appendices. This will slightly 2010.14 The NTSB recommended a DOT operators can satisfy the requirement for reduce the burden to preparing and audit of PHMSA’s FRP program (NTSB a drill and exercise program by updating plans because it will allow Recommendation P–12–1) and following the current National operators to only modify response zone recommended PHMSA amend part 194 Preparedness for Response Exercise appendices without having to also to harmonize onshore oil pipeline Program 11 (PREP) guidelines; and (3) change the core plan for changes to response plan requirements with those changing the term ‘‘response response zone configuration. PHMSA is of the USCG and the U.S. management system’’ to ‘‘incident also removing all references to Environmental Protection Agency to command system’’ in § 194.107(c)(3). ‘‘significant and substantial harm’’ ensure that operators have adequate These changes ensure drill and exercise consistent with the removal of resources available to respond to worst- programs are consistent nationally and § 194.103. case discharges (NTSB that PHMSA’s terminology is consistent PHMSA also proposes to revise Recommendation P–12–9). with the NCP and the National § 194.113 to clarify that maps, including Response Framework.12 current National Pipeline Mapping In response to these System (NPMS) 13 submissions, are an recommendations, DOT initiated an Section 194.109 Submissions of state audit of the onshore pipeline facility response plans acceptable method of describing the location of the response zone and response plan program, including an Section 194.109 allows operators to pipeline facilities. Clarifying that maps addendum from PHMSA. The DOT prepare and submit a response plan are an acceptable alternative to a listing audit found that PHMSA’s current prepared to comply with a State law or of line segment locations codifies regulations do not adequately specify regulation instead of creating a separate current PHMSA policy. The proposed the appropriate quantity or type of plan to comply with part 194, so long rule would also allow operators to response resources needed to respond to 15 as the plan prepared for a State law or satisfy the requirements at § 194.113 by a spill. To address these issues, the regulations meets or exceeds the referencing the NPMS, provided that audit recommended PHMSA amend requirements of part 194. PHMSA is their NPMS submission is current and § 194.115(a) to reference the USCG’s proposing to allow operators to submit includes the PHMSA-issued FRP ‘‘Guidelines for Determining and to PHMSA a plan that was prepared to identification number. Currently, the Evaluating Required Response NPMS allows, but does not require, an Resources for Facility Response 10 16 WCD Tier 1, or W1 is a USCG classification for operator to include the FRP Plans’’ and to define the meaning of OSROs. WCD tier 1 has the most stringent the response tiers in § 194.115(b). requirements for deployment and response times identification number in their geospatial among the WCD tiers. For more information, see the data. Allowing operators to reference Guidelines for the U.S. Coast Guard Oil Spill NPMS submissions eliminates the 14 Enbridge Incorporated Hazardous Liquid Removal Organization Classification Program. April Pipeline Rupture and Release, Marshall, Michigan, 2013. https://homeport.uscg.mil/Lists/Content/ burden for operators to provide July 25, 2010, Pipeline Accident Report NTSB/ Attachments/1286/Guidelines%20for%20the additional maps or a list of line PAR–12/01 (Washington, DC: National %20USCG%20OSRO%20Classification segments in addition to information Transportation Safety Board, 2012). %20Program.pdf. they already submit for the NPMS. 15 Audit Report: An Assessment of the Office of 11 https://www.regulations.gov/document?D= Additionally, if an operator identifies Pipeline Safety’s Onshore Pipeline Facility USCG-2011-1178-0110. Response Plan Program, U.S. Department of 12 U.S. Department of Homeland Security, Federal the applicable FRPs on their NPMS Transportation, June 19, 2017. https:// Emergency Management Agency. 2013. National www.transportation.gov/sites/dot.gov/files/docs/ Response Framework. https://www.fema.gov/ 13 Section 195.61 requires operators to provide mission/administrations/office-policy/300246/osrp- media-library-data/20130726-1914-25045-8516/ geospatial data regarding hazardous liquid pipeline audit-report-final-dotp-12-1and2.pdf. final_national_response_framework_20130501.pdf. facilities to PHMSA. 16 33 CFR part 154, appendix C.

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PHMSA is proposing both of these that provides evidence of a signed, § 194.121 to require operators to review amendments in this rulemaking. In current contract with an OSRO that has and resubmit all response plans at least § 194.115(a), PHMSA is proposing to received a WCD1 classification from the every five years from the date of the last require that operators have adequate USCG. The USCG has determined that approval. Consistent with its proposal to response resources as defined in USCG’s an OSRO that has received this remove references and requirements ‘‘Guidelines for Determining and classification is capable of deploying the based on the terms ‘‘substantial harm’’ Evaluating Required Response maximum resources that can reasonably and ‘‘significant and substantial harm,’’ Resources for Facility Response Plans.’’ respond to any size spill. In this PHMSA is removing instances of those Those guidelines define how to identify situation, PHMSA determines terms in this section as well. adequate response resources to remove, compliance with § 194.115 by checking Additionally, PHMSA proposes to to the maximum extent practicable, a whether sufficient WCD1-classified clarify that an operator must submit an WCD. The proposed changes will not OSRO facilities are located within 6 FRP before a new oil pipeline facility or affect the cost of operators’ compliance hours of all high-volume areas within a an extension of an existing pipeline with part 194, as PHMSA uses the response zone, or 12 hours of all other facility becomes operational. As USCG’s ‘‘Guidelines for Determining areas. An operator that satisfies this currently written, one could interpret and Evaluating Required Response requirement has shown that it has the regulations to require that operators Resources for Facility Response Plans’’ ensured the availability of the highest submit an FRP for a pipeline facility and the USCG Response Resource possible amount of resources within the that is under construction. OPA 90 Inventory to assess and verify the shortest, Tier 1 timeframes, and thus applies to a transportation-related adequacy of operator’s response generally will greatly exceed the pipeline facility that could discharge resources in FRPs.17 requirements of § 194.115. oil; a plan is not required during In § 194.115(b), PHMSA is proposing construction because during to include additional guidance on the Section 194.119 Submission and construction there is no oil in the meaning of the response tiers. The approval procedures pipeline that can be discharged. USCG’s ‘‘Guidelines for Determining PHMSA is proposing minor Consistent with allowing operators to and Evaluating Required Response clarifications to § 194.119 to require reference the NPMS to satisfy the Resources for Facility Response Plans,’’ operators submit FRPs electronically in requirement in § 194.113 to provide the which PHMSA is proposing to reference a PDF or HTML format. The current location of response zones and pipeline in paragraph (a), require an operator to regulations require operators submit two facilities, PHMSA proposes to revise the ensure the availability of certain copies of each FRP; this is duplicative instructions for updating line section resources within certain response times and has led some operators to believe information to include newly for each of three tiers. Tier 1 resources that PHMSA requires them to submit constructed or extended pipelines that are local resources that are available for both electronic and paper copies of each are not yet available in NPMS. the initial response. Tier 2 resources are FRP. PHMSA prefers that operators Operators with new segments may regional resources available within a submit FRPs electronically. Clarifying continue to reference the NPMS for the longer time period and Tier 3 resources that operators only need to submit an existing segments, but must include a are national level resources available electronic copy of each FRP eliminates list and description of any segments that within an even longer period. PHMSA unnecessary costs associated with are not currently available in the NPMS. is proposing, consistent with its current printing, shipping, scanning, and This change ensures operators practice, to clarify that the response storing those documents. referencing the NPMS do not have to times that operators must use differ than PHMSA is also proposing to require create and submit new maps of existing the times referenced in the Guidelines. operators respond to PHMSA’s pipelines whenever pipelines are Specifically, PHMSA clarifies that a notification of any alleged deficiency in extended or added. response plans within 30 days, more rapid response to a WCD is Appendix A to Part 194 required in ‘‘high-volume areas’’ as consistent with the timeframe given for defined in § 194.5, rather than in operators to submit a petition for Appendix A to part 194 provides a ‘‘higher volume port areas’’ defined by reconsideration of PHMSA’s recommended format for preparing and the USCG in 33 CFR 154.1020. determination of the adequacy of their submitting response plans required by PHMSA’s definition includes plan. Additionally, the proposed rule part 194. PHMSA is proposing to amend substantially more inland waterways requires PHMSA approval for all plans this appendix to reflect the changes to than the USCG definition, which is and removes the reference to the terms part 194 set forth in this proposed rule limited to 5 ports and 2 rivers. For ‘‘substantial harm’’ and ‘‘significant and and to add further guidance. For example, while the Guidelines require substantial harm plans’’ in this section example, in ‘‘Section 5. List of Tier 1 resources capable of responding since PHMSA proposes to remove those Contacts,’’ PHMSA is proposing to to a WCD arrive within 12 hours at a terms from all of part 194. Finally, clarify that an operator must include 10- Great Lakes location, PHMSA requires PHMSA is proposing to revise § 194.119 digit telephone numbers in their that Tier 1 resources arrive within 6 to state that PHMSA may send a copy response plans as opposed to just ‘‘a hours at any high-volume area, which of a response plan to the FOSC when telephone number.’’ At ‘‘Section 9. includes the Great Lakes. requested instead of requiring an Response Zone Appendices,’’ PHMSA is As discussed above in the discussion operator to provide a plan to the FOSC. proposing additional guidelines for of § 194.107, an operator need not PHMSA can provide FRPs to FOSCs operators to include procedures to provide a list of response resources if when necessary and relieve operators of obtain permission to use applicable this burden since PHMSA maintains alternative response strategies, such as 17 At the recommendation of NTSB, PHMSA electronic copies of the FRPs. in-situ burning or dispersants, harmonized its procedures for reviewing oil spill consistent with applicable ACPs, which response plans with those of the USCG and the Section 194.121 Response plan review was omitted in the initial publication of EPA. More information can be found at https:// and update procedures www.ntsb.gov/safety/safety-recs/_layouts/ part 194. Also in Section 9, PHMSA ntsb.recsearch/Recommendation.aspx?Rec=P-12- PHMSA is proposing revisions to the proposes to include procedures for 009. response plan and review procedures in operators to provide applicable Safety

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Data Sheets to emergency responders On May 3, 1984, PHMSA’s Based on a review of previous accident and the FOSC within six hours of a predecessor agency, the Research and reports, adjusting the figure for inflation spill, consistent with the revisions to Special Programs Administration, would decrease the total number of § 194.107(c) and section 14 of the PIPES promulgated a definition for an events reportable as accidents by Act of 2016 (Pub. L. 114–183). ‘‘incident’’ at § 191.3 to establish criteria approximately 1%, and reduce those that would trigger requirements to reportable due to only the property- Appendix B to Part 194 report specific events on gas pipeline damage criterion by approximately a PHMSA is proposing to add the Great facilities to PHMSA.18 The 1984 third. This rulemaking assumes the Lakes to the list of ‘‘Other Navigable definition of an incident included a threshold set 35 years ago is still Waters’’ in appendix B to part 194. This property damage threshold of $50,000. appropriate for today once it is adjusted change will affect one operator whose In 1994, PHMSA adopted the same for inflation; however, since the original pipeline currently crosses the Great value for hazardous liquid pipeline rulemaking 35 years ago an improved Lakes, but PHMSA does not anticipate accidents.19 Today, the property damage safety record has decreased the number this change will affect that operator’s criteria that triggers incident and of significant events, and the safety plan. accident reporting requirements are the information needs may have changed. same as they were in 1984 and 1994. PHMSA seeks comment on whether the C. Part 195 Transportation of PHMSA is basing the proposed inflation level of safety information needed from Hazardous Liquids by Pipeline adjustment in this rulemaking on the property damage only accident Part 195 contains the Federal safety 1984 date that established the $50,000 reporting should be updated to align regulations for pipeline facilities used to value for gas pipelines so that the with inflation, and the extent to which transport hazardous liquids and carbon property damage criteria remain retaining a de facto lower threshold after dioxide. Those regulations include consistent between gas and hazardous inflation would provide beneficial reporting requirements and standards liquid pipelines. PHMSA intends to information on contributing risk factors for the safe design, construction, testing, propose a similar change for reporting and accident trends. operation, and maintenance of incidents on gas pipeline facilities in a PHMSA intends to periodically update the monetary damage threshold hazardous liquid pipeline facilities. separate regulatory action. on a regular basis in the future, PHMSA is proposing amendments to One of the issues raised most potentially biennially. Future updates part 195 to adjust the monetary damage frequently in comments submitted in would be based on the same formula criterion for reporting pipeline response to the notification of regulatory used for this adjustment: accidents for inflation, clarifying that reform (82 FR 45750; Oct. 2, 2017) was operators may monitor cathodic the $50,000 property damage threshold protection rectifiers remotely, and for reporting gas pipeline incidents and correcting the organization of the IM hazardous liquid pipeline accidents. guidance in appendix C of part 195. Comments submitted in response to the Where Tn is the revised damage PHMSA also proposes editorial notice of regulatory reform from API, threshold, Tp is the previous damage amendments to § 195.3 to meet AOPL, and GPA Midstream threshold, CPIn is the average CPI–U for Association 20 supported an increase in requirements from the Office of the the past calendar year, and CPIP is the Federal Register and update the address the property damage threshold for average CPI–U used for the previous for API. reporting gas pipeline incidents and damage threshold. PHMSA could hazardous liquid pipeline accidents. Section 195.50 Reporting accidents subsequently update the monetary Based on the average annual Consumer damage threshold in accordance with and § 195.52 Immediate notice of Price Index (CPI) from the Bureau of certain accidents. this formula either through notice and Labor Statistics, $50,000 in 1984 is comment rulemaking, a direct final rule, PHMSA is proposing to revise the approximately $118,000 in 2017 notice on the PHMSA public website, or 21 definition of an ‘‘accident’’ at §§ 195.50 dollars. At $50,000, the current other means. This method is similar to and 195.52 to adjust the monetary criterion requires operators report the method that the Federal Railroad damage threshold criterion for inflation. relatively minor accidents that would Administration uses to update the This proposed amendment changes the not have been reported in 1984 due to criteria for reporting accidents/incidents criteria for submitting accident reports inflation in property, equipment, and at 49 CFR 225.19 and appendix B to part and giving immediate telephonic repair costs. 225. PHMSA seeks comments on the notification to the NRC. PHMSA is The proposed revision to the property appropriate method and frequency for proposing adjusting the value of the damage threshold brings the accident future updates to the monetary damage property damage threshold from reporting criteria in-line with the 1984 threshold. PHMSA intends to base any $50,000 to $118,000. In part 195, threshold in inflation-adjusted terms. finalized version of this provision on property damage includes the cost of the price level at the time of publication 18 cleanup and recovery, value of lost Transportation of Natural and Other Gas by of the final rule. Pipeline: Annual Reports and Incident Reports, 49 product, and damage to the property of FR 18960, (May 3, 1984). The revised accident reporting criteria the operator or others, or both. 19 Regulatory Review: Hazardous Liquid and will result in fewer accident reports Operators would still be required to Carbon Dioxide Pipeline Safety Standards, 59 FR being submitted to PHMSA and fewer report any accident that caused a death 33388, (June 28, 1994). telephonic notifications to the NRC, or a personal injury requiring 20 Formerly the Gas Processors Association. resulting in cost savings to industry and 21 Calculated by multiplying the original property hospitalization; that resulted in either a damage criteria ($50,000) by the average CPI in reduced burden on government. While fire or explosion not intentionally set by 2017 divided by the average CPI in 1984. ($50,000 accident reporting does not directly the operator; that resulted in pollution * (245.139/103.933) = $117,931, or approximately affect safety, PHMSA acknowledges that of any stream, river, lake, reservoir, or $118,000). This analysis is based on the CPI for all the collection and analysis of accident urban consumers (CPIAUCSL) from the Bureau of other similar body of water; or that is Labor Statistics, accessed via the Federal Reserve data has indirect safety benefits to both otherwise significant in the judgment of Bank of St. Louis. https://fred.stlouisfed.org/series/ operators and regulators. However, the operator. CPIAUCSL#0. reporting accidents with relatively

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minor damage provides comparatively drainage tiles as possible could-affect practices. ASTM International (ASTM) less information value than reports with HCAs is not feasible. While PHMSA often updates some of its more widely greater damage. provides geographical information used standards every year. Sometimes system (GIS) maps of other HCAs to multiple editions are published in a Section 195.573 What must I do to hazardous liquid pipeline operators given year. monitor external corrosion control? through the National Pipeline Mapping The National Technology Transfer PHMSA is proposing to revise System (49 U.S.C. 60132(d)), API and and Advancement Act of 1995 § 195.573(c) to clarify that operators AOPL commented that drainage tiles are (NTTAA), Public Law 104–113, directs may monitor rectifier stations remotely. difficult to identify as they are neither Federal agencies to use standards Rectifiers are devices that direct an mapped by PHMSA nor available from developed by voluntary consensus electrical current on a pipeline to any other national-level data source. standards bodies in lieu of government- prevent external corrosion. Section They also identified other items under written standards whenever possible. 195.573(c) currently requires operators the guidance for identifying HCAs that Voluntary consensus standards bodies to regularly inspect rectifiers on are more accurately categorized as develop, establish, or coordinate hazardous liquid pipelines to ensure guidance for identifying integrity risk technical standards using agreed-upon that they are working correctly. factors elsewhere in the appendix. procedures. In addition, OMB issued Advances in technology make it In consideration of those comments, Circular A–119 to implement section possible for operators to monitor these PHMSA has reviewed the guidance for 12(d) of the NTTAA relative to the electrical systems remotely, but it is implementing a liquid IM program utilization of consensus technical unclear in the regulations if this is outlined in appendix C of part 195 and standards by Federal agencies. This permissible. In this rulemaking, PHMSA is proposing revisions to address these circular provides guidance for agencies is proposing to make it clear that issues. PHMSA proposes revised participating in voluntary consensus operators may inspect rectifier stations guidance for considering spills in fields standards bodies and describes directly onsite or by way of remote and is moving details for considering procedures for satisfying the reporting monitoring technologies. This the physical support of pipelines, requirements in the NTTAA. rulemaking also proposes to specify that maximum operating pressure (MOP) Accordingly, PHMSA has the such an inspection will consist of exceedances, and natural force damage responsibility for determining, via amperage and voltage measures in order caused by earth movement or seismicity petitions or otherwise, which currently to clarify the requirements of this from the guidance for identifying referenced standards should be updated, section for operators and PHMSA and segments that could-affect HCAs to the revised, or removed, and which State inspectors. guidance on identifying threats. standards should be added to the Remote monitoring is a safe and PHMSA also proposes to leave the Federal Pipeline Safety Regulations. efficient alternative to in-person checks requirement to consider operating Revisions to materials incorporated by in the field; however, monitoring conditions (other than MOP reference in the Federal Pipeline Safety equipment and the rectifier itself must exceedances) and flood zones where it Regulations are handled via the be properly maintained to function currently is in the regulations and in the rulemaking process, which allows for safely and as intended. PHMSA’s HCA identification guidance. API the public and regulated entities to experience has shown that rectifiers, commented that it was not clear why provide input. During the rulemaking often located in remote areas, can be overpressure conditions and natural process, PHMSA must also obtain subject to damage from a variety of force damage were relevant to approval from the Office of the Federal sources, including natural forces and identifying HCAs. PHMSA agrees that Register to incorporate by reference any vandalism. If an operator chooses to past exceedances of MOP are more new materials. monitor a rectifier remotely, PHMSA relevant to threat identification; Pursuant to 49 U.S.C. 60102(p), proposes to require operators to however, other pipeline operating PHMSA may not issue a regulation that physically inspect rectifier stations characteristics such as pressure, flow, incorporates by reference any whenever they conduct a cathodic and mode of operation can influence the documents or portions thereof unless protection test under § 195.573. In predicted spill volume, and therefore the documents or portions thereof are accordance with that section, this will whether it could affect an HCA. made available to the public, free of typically occur once every calendar Likewise, potential flood conditions charge. year, not to exceed 15 months. may influence whether a release could Further, the Office of the Federal Register issued a rulemaking on Appendix C Guidance for affect an HCA. These are primarily editorial revisions November 7, 2014, that revised 1 CFR Implementation of an Integrity to non-binding guidance, therefore there 51.5 to require that agencies detail in Management Program are neither direct costs nor benefits. the preamble of an NPRM the ways the PHMSA is proposing to make minor However, clearer and more practicable materials it proposes to incorporate by corrections to the guidance in part 195 guidance may improve operators’ reference are reasonably available to for implementing Integrity Management implementation of the IM requirements. interested parties, or how the agency (IM) programs on hazardous liquid worked to make those materials pipelines. API and AOPL submitted V. Availability of Standards reasonably available to interested comments in response to the Incorporated by Reference parties (79 FR 66278). notification of regulatory reform (82 FR PHMSA currently incorporates by To meet its statutory obligation for 45750; Oct. 2, 2017) concerning reference into 49 CFR parts 192, 193, this rulemaking, PHMSA negotiated appendix C of part 195, noting that and 195 all or parts of more than 80 agreements with various SDOs to portions of the guidance for hazardous standards and specifications developed provide free online access to standards liquid IM programs, with regard to the and published by standard development that are incorporated by reference or identification of High Consequence organizations (SDO). In general, SDOs proposed to be incorporated by Areas (HCA), are either impracticable or update and revise their published reference. The standards in the misplaced. They commented that the standards every 2 to 5 years to reflect proposed rule are available for view at guidance for identifying agricultural modern technology and best technical the following locations during the

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comment period; API standards are and Budget (OMB). This NPRM is not a otherwise covered by PHMSA available at http://publications.api.org/, significant regulatory action under regulations. In this instance, the and NFPA standards are available at section 3(f) of E.O. 12866 and was preemptive effect of the proposed rule is https://www.nfpa.org/Codes-and- therefore not reviewed by OMB. This limited to the minimum level necessary Standards/All-Codes-and-Standards/ NPRM also is not significant under the to achieve the objectives of the pipeline Free-access, and the ‘‘Guidelines for the Department of Transportation’s Policies safety laws under which the proposed U.S. Coast Guard Oil Spill Removal and Procedures for Rulemaking (49 CFR rule is promulgated. Therefore, the Organization Classification Program’’ is part 5). consultation and funding requirements available at https://homeport.uscg.mil/ E.O. 12866 requires agencies to design of E.O. 13132 do not apply. Lists/Content/Attachments/55022/ regulations ‘‘in the most cost-effective E. Executive Order 13175— 2019%20Guidelines%20for%20 manner,’’ to make a ‘‘reasoned ‘‘Consultation and Coordination With the%20US%20Coast%20Guard% determination that the benefits of the Indian Tribal Governments’’ 20OSRO%20Classification% intended regulation justify its costs,’’ 20Program.pdf. and to develop regulations that ‘‘impose E.O. 13175, (65 FR 67249, Nov. 6, In addition, PHMSA will provide the least burden on society.’’ PHMSA 2000), requires agencies to consider and individual members of the public anticipates that, if promulgated, this consult with Tribal governments when temporary access to any standard that is NPRM, would have economic benefits formulating policies. PHMSA does not incorporated by reference. Requests for to the public and the regulated anticipate that this NPRM will access can be sent to the following email community by reducing unnecessary significantly or uniquely affect Tribal address: [email protected]. cost burdens without increasing risks to governments or impose substantial public safety or the environment. direct compliance costs, so the funding VI. Regulatory Analyses and Notices PHMSA estimates the proposed rule and consultation requirements of E.O. A. Legal Authority for This Rulemaking will result in annualized cost savings of 13175 do not apply. PHMSA invites approximately $273,242 per year, based Tribal communities and governments to This proposed rule is published under on a 7 percent discount rate. In support comment on this NPRM. the authority of the Federal pipeline of this NPRM, PHMSA prepared an safety statutes (49 U.S.C. 60101 et seq.); initial regulatory impact analysis (RIA) F. Executive Order 13211—‘‘Actions Section 311 of the Clean Water Act; 33 with estimated costs and benefits, Concerning Regulations That U.S.C. 1321, as amended by the Oil which is available in the public docket. Significantly Affect Energy Supply, Pollution Act (CWA); and E.O. 12777. Distribution, or Use’’ E.O. 12777 delegated authority to the C. Executive Order 13771—‘‘Reducing E.O. 13211 (66 FR 28355, May 22, Secretary of Transportation, pursuant to Regulation and Controlling Regulatory 2001) requires agencies to submit 311(j)(5) of the CWA, to promulgate Costs’’ ‘‘significant energy actions’’ to OMB for regulations requiring the owners and This proposed rule is expected to be review. This NPRM is not a ‘‘significant operators of transportation-related an E.O. 13771 deregulatory action. energy action’’ under E.O. 13211 onshore facilities to prepare and submit Details on the estimated cost savings of because it is unlikely to have a FRPs. E.O 12777 also ordered the this proposed rule can be found in the significant adverse effect on the supply, Secretary of Transportation to review rule’s Preliminary RIA, which is distribution, or use of energy. Therefore, and approve the FRPs, in accordance available in the docket. no additional analysis is necessary with the CWA and promulgated under E.O. 13211. regulations. The Secretary has delegated D. Executive Order 13132— this authority under E.O. 12777 to the ‘‘Federalism’’ G. Executive Order 13272—‘‘Regulatory Administrator of PHMSA (49 CFR 1.97). E.O. 13132 (64 FR 43255; Aug. 10, Flexibility Act’’ Section 60102(a) authorizes the 1999) imposes certain requirements on The Regulatory Flexibility Act of 1980 Secretary of Transportation to issue Federal agencies formulating or (5 U.S.C. 601 et seq.), as amended, regulations governing the design, implementing policies or regulations requires Federal agencies to consider installation, inspection, emergency that preempt State law or that have the impact of their regulatory proposals plans and procedures, testing, federalism implications. This NPRM on small entities’ concerns into account construction, extension, operation, does not impose a substantial, direct when developing, writing, publicizing, replacement, and maintenance of effect on the States, the relationship promulgating, and enforcing pipeline facilities. Further, section between the National Government and regulations. PHMSA determined that, if 60102(l) of the Federal pipeline safety the States, or the distribution of power finalized, the regulations in this NPRM statutes states that the Secretary shall, to and responsibilities among the various would not have a significant economic the extent appropriate and practicable, levels of government. This NPRM also impact on a substantial number of small update incorporated industry standards does not impose substantial direct entities. An analysis of the potential that have been adopted as a part of the compliance costs on State and local economic impacts of the proposed rule pipeline safety regulations. The governments. on small entities is included in the Secretary has delegated the authority in The proposed rule could have Initial Regulatory Flexibility Analysis, section 60102 to the Administrator of preemptive effect because the pipeline which is available for public review and PHMSA (49 CFR 1.97). safety laws, specifically 49 U.S.C. comment in the docket for this 60104(c), prohibit State safety regulation rulemaking. B. Executive Order 12866 and DOT of interstate pipelines. Under the Regulatory Policies and Procedures pipeline safety law, States have the H. Paperwork Reduction Act of 1995 E.O. 12866, ‘‘Regulatory Planning and ability to augment pipeline safety The Paperwork Reduction Act of 1995 Review’’ (58 FR 51735; Oct. 4, 1993), requirements for intrastate pipelines but (44 U.S.C. 3501 et seq.) requires Federal and DOT’s regulatory policies and may not approve safety requirements agencies to minimize paperwork burden procedures require that PHMSA submit less stringent than those required by imposed on the American public by for review ‘‘significant regulatory Federal law. A State may also regulate ensuring maximum utility and quality actions’’ to the Office of Management an intrastate pipeline facility not of information collected by the Federal

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government. PHMSA estimates that the state mandated response plans. by reference, Oil pollution, Petroleum, proposals in this rulemaking will Eliminating the expectation to submit Pipeline safety, Pipelines, Reporting and impact the information collections paper copies of facility response plans recordkeeping requirements, described below. will reduce reporting costs but not Transportation, Water pollution control. Based on the proposals in this rule, paperwork burden hours. 49 CFR Part 195 PHMSA will submit an information Affected Public: Onshore Hazardous collection revision request to OMB for Liquid Pipeline Operators. Hazardous materials transportation, approval based on the requirements in Annual Reporting and Recordkeeping Incorporation by reference, Integrity this proposed rule. The information Burden: management, Pipeline safety, Pipelines. collection is contained in the pipeline Total Annual Responses: 540. For the reasons provided in the safety regulations, 49 CFR parts 190 Total Annual Burden Hours: 70,416 preamble, PHMSA proposes to amend ¥ through 199. The following information (73,980 3,564). 49 CFR parts 190, 194, and 195 as is provided for each information Frequency of Collection: On occasion. follows: collection: (1) Title of the information I. Unfunded Mandates Reform Act of PART 190—PIPELINE SAFETY collection; (2) OMB control number; (3) 1995 Current expiration date; (4) Type of ENFORCEMENT AND REGULATORY The Unfunded Mandates Reform Act request; (5) Abstract of the information PROCEDURES of 1995 (2 U.S.C. 1501 et seq.) requires collection activity; (6) Description of Federal agencies to prepare and ■ 1. The authority citation for 49 CFR affected public; (7) Estimate of total consider estimates of the budgetary part 190 is revised to read as follows: annual reporting and recordkeeping impact of regulations containing Federal burden; and (8) Frequency of collection. Authority: 33 U.S.C. 1321(b); 49 U.S.C. mandates upon State, local, and Tribal The information collection burden for 60101 et seq.; and 49 CFR 1.97 governments before adopting such the following information collections ■ 2. In § 190.203, revise paragraph (e) regulations. This NPRM imposes no are estimated to be revised as follows: and add paragraph (g) to read as follows: unfunded mandates. If promulgated, 1. Title: Transportation of Hazardous this rule would not result in costs of § 190.203 Inspections and investigations. Liquids by Pipeline: Record keeping and $100 million, adjusted for inflation, or Accident Reporting. * * * * * OMB Control Number: 2137–0047. more in any one year to either State, (e) If a representative of the U.S. Current Expiration Date: 01/31/2023. local, or Tribal governments, in the Department of Transportation inspects a Abstract: This information collection aggregate, or to the private sector. pipeline facility or investigates an accident or incident involving a covers general recordkeeping and the J. National Environmental Policy Act collection of information from pipeline facility, the operator must The National Environmental Policy hazardous liquid pipeline operators for make available to the representative, Act (42 U.S.C. 4321 et. seq.) requires accident reports. PHMSA estimates that pursuant to paragraph (g) of this section, Federal agencies to analyze the impacts due to the revised monetary damage all records and information that pertain to the environment. PHMSA analyzed threshold for reporting accidents to the event in any way, including but this NPRM in accordance with Section operators will submit 40 fewer not limited to integrity management 102(2)(c) of the Council on hazardous liquid accident reports per plans and test results. The operator Environmental Quality regulations (40 year. Therefore, PHMSA expects to must provide all reasonable assistance CFR parts 1500 through 1508), and DOT eliminate 40 responses and 40 hours to in the inspection or investigation. Any Order 5610.1C. PHMSA has prepared a this information collection per year as a person who obstructs an inspection or draft Environmental Assessment (EA) result of the provisions in the proposed investigation by taking actions that were and has preliminarily determined this rule. known or reasonably should have been Affected Public: All hazardous liquid action will not significantly affect the known to prevent, hinder, or impede an pipeline operators. quality of the human environment. A investigation, without good cause will Annual Reporting and Recordkeeping copy of the EA for this action is be subject to administrative civil Burden: available in the docket. PHMSA invites penalties under this subpart. Total Annual Responses: 1,192 comment on the environmental impacts * * * * * (1,232¥40). of this proposed rulemaking. (g) When an operator submits records Total Annual Burden Hours: 52,029 K. Regulation Identifier Number (RIN) in response to a PHMSA inspection or (52,429¥400). investigation under this section, the Frequency of Collection: Regular. A regulation identifier number (RIN) operator must provide the records via 2. Title: Response Plans for Onshore is assigned to each regulatory action hard copy or use an electronic or digital Oil Pipelines. listed in the Unified Agenda of Federal method such as email, data-storage OMB Control Number: 2137–0589. Regulations. The Regulatory Information device, or other means that comply with Current Expiration Date: 06/30/2022. Service Center publishes the Unified this section. Abstract: This information collection Agenda in the spring and fall of each (1) Any electronic system must permit covers operators’ submission of facility year. The RIN contained in the heading PHMSA to download and print a copy response plans for onshore hazardous of this document is a cross-reference for of each record free of redactions, liquid pipeline facilities. While the this action to the Unified Agenda. watermarks, or other alterations, from proposed rule would not reduce the List of Subjects any U.S.-based internet access point. number of required plan submissions, it Any electronic system for delivering would streamline some of the plan 49 CFR Part 190 records to PHMSA must not include requirements, thereby reducing the Administrative practices and activation codes to begin an individual burden hours per response. The procedures, Penalties. session, internet connectivity proposed rule would reduce burden requirements to view downloaded hours associated with justifying harm 49 CFR Part 194 documents, document tracking features, categories or preparing duplicate federal Environmental protection, Hazardous login time-out intervals shorter than one facility response plans in addition to materials transportation, Incorporation hour, or pre-access conditions.

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(2) Where an operator submits (ii) Information provided for any other ■ c. Revise the definition of ‘‘Contract or electronic records to PHMSA, the reason. When information is submitted other approved means;’’ documents must be submitted in their for any reason other than that described ■ d. Add the definition for ‘‘Federal On- original format unless PHMSA allows in paragraph (a)(3)(i) of this section, the scene Coordinator (FOSC)’’ in an alternative format. If the original submitter may send to PHMSA, along alphabetical order; format allows an operator to magnify a with the original document, a second ■ e. Remove the definitions of ‘‘Major document while maintaining legibility; copy of the original document with the river;’’ search a record for text; or search for confidential commercial information ■ f. Add the definition for ‘‘National specific records by name, date, or file redacted. Contingency Plan (NCP)’’ in type, then the operator may not alter the (b) PHMSA decision. If PHMSA alphabetical order; format of the record prior to submission decides to disclose the information, ■ g. Remove the definition of ‘‘On-Scene in a way that limits the ability of PHMSA will review your request to Coordinator (OSC);’’ PHMSA to use the same capabilities. protect confidential commercial ■ h. Revise the definition of ‘‘Onshore (3) If an operator uses an electronic information under the criteria set forth oil pipeline facilities;’’ portal or other system to provide in the Freedom of Information Act ■ i. Remove the definitions of records to PHMSA, the operator must (FOIA), 5 U.S.C. 552, including ‘‘Specified minimum yield strength’’ provide the PHMSA personnel following the consultation procedures and ‘‘Stress level;’’ conducting the inspection or set out in the Departmental FOIA ■ j. Add the definition for ‘‘Tertiary investigation with a point of contact regulations. 49 CFR 7.29. If PHMSA Containment’’ in alphabetical order; and who is responsible for addressing decides to disclose the information over ■ k. Remove the definition for ‘‘Worst reported problems with accessing the your objections, we will notify you in case discharge’’ and add the definition system or obtaining records using the writing at least five business days before for ‘‘Worst-case discharge’’ in its place. system. the intended disclosure date. The additions and revisions read as (4) If PHMSA determines the form in follows: which the records are provided would PART 194—RESPONSE PLANS FOR impede or otherwise prevent the ONSHORE OIL PIPELINES § 194.5 Definitions. efficient review of records in an * * * * * inspection or investigation, or if the ■ 4. The authority citation for 49 CFR Area Contingency Plan (ACP) means system is otherwise in conflict with part 194 continues to read as follows: an Area Contingency Plan prepared in PHMSA regulations, PHMSA may order Authority: 33 U.S.C. 1231, 1321(j)(1)(C), accordance with 33 U.S.C. 1321 (j)(4) an operator to deliver records in an (j)(5) and (j)(6); sec. 2, E.O. 12777, 56 FR and 40 CFR 300.210(c). This is a alternative way. If PHMSA finds that an 54757, 3 CFR, 1991 Comp., p. 351; and 49 reference document prepared for the use operator or a system alters records to CFR 1.53. of all agencies engaged in responding to remove functionality in a way that ■ 5. Revise § 194.3 to read as follows: environmental emergencies within a impedes the agency’s review, PHMSA defined geographic area. may require the operator to resubmit § 194.3 Applicability. Barrel (bbl) means a unit of volume records in their original form. (a) Except for the pipelines listed in equivalent to 42 United States gallons ■ 3. In § 190.343, revise paragraphs (a) paragraph (b) of this section, this part (159 liters) at 60 °Fahrenheit (15.6° and (b) to read as follows: applies to an onshore oil pipeline that, Celsius). because of its location, the operator § 190.343 Information made available to * * * * * the public and request for protection of determines that oil discharged from any Contract or other PHMSA-approved confidential commercial information. point in the pipeline facility can be means is: expected to adversely affect, within 12 * * * * * (1) A signed, active contract with an (a) Asking for protection of hours after the initiation of the oil spill removal organization (OSRO) confidential commercial information. discharge, any navigable waters of the identifying and ensuring the availability You may ask PHMSA to give United States or adjoining shorelines, of the necessary personnel or equipment confidential treatment to information public drinking water intakes, or within the stipulated response time in you give to the agency by taking the environmentally sensitive areas. § 194.115; following steps: (b) This part does not apply to an (2) A written certification by the (1) Mark ‘‘CONFIDENTIAL’’ on each onsore oil pipeline whose line section is owner or operator that the necessary 5 page of the original document 6 ⁄8 inches (168 millimeters) or less in personnel or equipment can and will be containing information that you would outside nominal diameter and is 10 made available by the owner or operator like to keep confidential; and miles (16 kilometers) or less in length, within the stipulated response times (2) Explain in detail why the where the operator determines that it is with supporting documentation to information you are submitting is unlikely that the worst-case discharge include a summary of any OSRO confidential commercial information. from any point on the line section contracts, if applicable, with contract General claims of confidentiality are not would adversely affect, within 4 hours name, identifier and effective dates; or sufficient. after the initiation of the discharge, any (3) Documentation of active (3)(i) Information submitted during a navigable waters, public drinking water membership in an OSRO, cooperative, rulemaking proceeding or application intake, or environmentally sensitive or mutual aid agreement that ensures for special permit or renewal. When areas. the owner or operator’s access to the submitting information for a rulemaking ■ 6. Amend § 194.5 as follows: necessary response personnel or proceeding or application for special ■ a. Add the definition for ‘‘Area equipment within the stipulated times. permit or renewal, the submitter must Contingency Plan (ACP)’’ in * * * * * send to PHMSA, along with the original alphabetical order; Federal On-Scene Coordinator (FOSC) document, a second copy of the original ■ b. Remove the definition of ‘‘Barrel’’ means the Federal official designated by document with the confidential and add the definition for ‘‘Barrel (bbl)’’ the Administrator of the Environmental commercial information redacted. in its place; Protection Agency (EPA) or by the

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Commandant of the United States Coast available for inspection at Office of (c) United States Coast Guard (USCG), Guard (USCG) to coordinate and direct Pipeline Safety, Pipeline and Hazardous 2703 Martin Luther King Jr. Ave. SE, Federal response under subpart D of 40 Materials Safety Administration, 1200 Washington, DC 20593, phone: 202– CFR part 300. New Jersey Avenue SE, Washington, DC 372–2231, and website: https:// * * * * * 20590, 202–366–4046 https:// www.uscg.mil. National Contingency Plan (NCP) www.phmsa.dot.gov/pipeline/regs, and (1) ‘‘Guidelines for the U.S. Coast means the National Oil and Hazardous is available from the sources listed in Guard Oil Spill Removal Organization Substances Pollution Contingency Plan paragraphs (a) through (c) of this Classification Program’’ June 2019, IBR codified in 40 CFR part 300. The NCP section. It is also available for approved for § 194.107(c). provides the national-level organization inspection at the National Archives and (2) [Reserved] structures and procedures for preparing Records Administration (NARA). For § 194.101 [REMOVED AND RESERVED] information on the availability of this for and responding to discharges of oil ■ 9. Section 194.101 is removed and material at NARA, email fedreg.legal@ and other pollutants. reserved. * * * * * nara.gov or go to www.archives.gov/ Onshore oil pipeline facilities mean federal-register/cfr/ibr-locations.html. § 194.103 [REMOVED AND RESERVED] new and existing pipe, rights-of-way (a) American Petroleum Institute ■ 10. Section 194.103 is removed and and any equipment, facility, or building (API), 200 Massachusetts Avenue NW, reserved. used in the transportation of oil located Suite 1100, Washington, DC 20001, and ■ 11. Revise § 194.105 to read as landward of the ‘‘coast line,’’ as defined phone: 202–682–8000, website: https:// follows: www.api.org/. under the Submerged Lands Act of 1953 § 194.105 Worst-case discharge. (43 U.S.C. 1301(c)). (1) ANSI/API Recommended Practice 651, ‘‘Cathodic Protection of (a) Each operator must determine the * * * * * worst-case discharge (WCD) for each of Tertiary Containment means a dike, Aboveground Petroleum Storage Tanks,’’ 3rd edition, January 2007, its response zones and provide the berm or another physical barrier that is methodology, including all calculations, outside of a ‘‘secondary containment’’ (ANSI/API RP 651), IBR approved for § 194.105(b). used to arrive at the volume. barrier. (b) The WCD of each response zone is Worst-case discharge means the (2) API Recommended Practice 2350, ‘‘Overfill Protection for Storage Tanks in the largest of the volumes calculated in largest foreseeable discharge of oil, paragraphs (b)(1) and (2) of this section, Petroleum Facilities,’’ 3rd edition, including discharge from fire or as applicable. If a response zone January 2005, (API RP 2350), IBR explosion. This volume will be contains both tanks and pipelines, approved for § 194.105(b). determined by each pipeline operator operators must perform and provide the (3) API Standard 620, ‘‘Design and for each response zone and is calculated calculations for both, but the WCD Construction of Large, Welded, Low- according to § 194.105. remains the largest of the two. ■ 7. Revise § 194.7 to read as follows: Pressure Storage Tanks,’’ 11th edition (1) The WCD from a pipeline is February 2008 (including addendum 1 calculated using one of the following § 194.7 Operating restrictions and interim (March 2009), addendum 2 (August operating authorization. methods: 2010), and addendum 3 (March 2012)), (i) The pipeline’s maximum release (a) Each operator of a pipeline subject (API Std 620), IBR approved for time in hours, plus the maximum to this part must prepare and submit a § 194.105(b). shutdown response time in hours (based response plan to PHMSA as provided in (4) API Standard 650, ‘‘Welded Steel on historic discharge data or in the § 194.119. Tanks for Oil Storage,’’ 11th edition, (b) An operator of a pipeline for absence of such historic data, the June 2007, effective February 1, 2012, operator’s best estimate), multiplied by which a response plan is required under (including addendum 1 (November this part may not handle, store, or the maximum flow rate expressed in 2008), addendum 2 (November 2009), barrels per hour (based on the maximum transport oil in that pipeline unless the addendum 3 (August 2011), and errata operator has submitted a response plan daily capacity of the pipeline), plus the (October 2011)), (API Std 650), IBR largest line drainage volume after meeting the requirements of this part. approved for § 194.105(b). (c) An operator must operate its shutdown of the line section(s) in the (5) API Standard 653, ‘‘Tank response zone expressed in barrels onshore pipeline facilities subject to this Inspection, Repair, Alteration, and part in accordance with the response (cubic meters); or Reconstruction,’’ 3rd edition, December (ii) A spill model that provides a plan submitted to PHMSA. 2001, (including addendum 1 (d) The operator of a pipeline facility description of the model in the (September 2003), addendum 2 subject to this part may continue to methodology along with inputs and (November 2005), addendum 3 operate the pipeline for two years after variables used by the model (to include, (February 2008), and errata (April the date of submission of a response at a minimum: Pipe diameter, length, 2008)), (API Std 653), IBR approved for plan, pending approval of a plan or maximum flow rates, and detection and § 194.105(b). finding that a plan does not meet all of shutdown times). An operator must (b) National Fire Protection the requirements of this part, only if the provide model outputs such as graphs Association (NFPA), 1 Batterymarch operator has submitted the certification or diagrams. Park, Quincy, MA 02169, phone: 617– required by § 194.119(e). (2) The capacity of the single largest ■ 8. Add § 194.9 to read as follows: 984–7275, website: https:// tank or battery of tanks within a single www.nfpa.org/. secondary containment system, adjusted § 194.9 What documents are incorporated (1) NFPA 30 (2012), ‘‘Flammable and for the capacity or size of the secondary by reference partly or wholly in this part? Combustible Liquids Code,’’ including containment system, expressed in Certain material is incorporated by Errata 30–12–1 (9/27/11), and Errata 30– barrels. Operators may claim up to 75 reference into this part with the 12–2 (11/14/11), 2012 edition, copyright percent prevention credits for breakout approval of the Director of the Federal 2011, (NFPA 30), IBR approved for tank secondary containment and other Register under 5 U.S.C. 552(a) and 1 § 194.105(b). specific spill prevention measures as CFR part 51. All approved material is (2) [Reserved] follows:

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Standard (incorporated by reference, Credit Prevention measure see § 194.9) (percent)

(i) Secondary containment >100% ...... NFPA 30 ...... 50 (ii) Built/repaired to API standards ...... API Std 620, API Std 650, API Std 653 ...... 10 (iii) Overfill protection standards ...... API RP 2350 ...... 5 (iv) Testing/cathodic protection ...... API Std 650, ANSI/API RP 651, API Std 653 ...... 5 (v) Tertiary containment or drainage/treatment ...... NFPA 30 (Drainage/Treatment) ...... 5

■ 12. Revise § 194.107 to read as (v) Response activities; operator’s incident command system follows: (vi) A list of response resources, uses common terminology and has a unless the operator provides evidence of manageable span of control, a clearly § 194.107 General response plan a signed, current contract with an OSRO defined chain of command, and requirements. classified by the U.S. Coast Guard as a sufficient trained personnel to fill each (a) Each response plan must include WCD Tier 1 organization, as defined and position. procedures and identify resources for described in 33 CFR part 154 and ■ 13. Revise § 194.109 to read as responding to and mitigating a worst- ‘‘Guidelines for the U.S. Coast Guard Oil follows: case discharge from an onshore oil Spill Removal Organization pipeline, including in adverse weather Classification Program,’’ for the § 194.109 Submission of state response plans. conditions. The operator must operating environments (‘‘River/Canal,’’ immediately carry out the provisions of ‘‘Inland,’’ or ‘‘Great Lakes,’’) applicable (a) An operator may submit a the response plan whenever there is an to the location of the pipeline; response plan that complies with State oil discharge from the facility. (vii) Names and telephone numbers of law or regulation, if the State law or (b) Each response plan must be Federal, State, and local agencies which regulation requires a plan that provides consistent with the National Oil and the operator expects to have pollution equivalent or greater spill protection Hazardous Substance Pollution control responsibilities or support; than a plan required under this part. Contingency Plan (NCP) and the (viii) Training procedures; (b) A plan submitted under this appropriate Area Contingency Plan(s) (ix) Equipment testing, if an operator section must: (ACPs). The requirements for owns its response equipment; (1) Have an information summary consistency with the NCP and (x) Description of a drill and exercise required by § 194.113; and appropriate ACPs include the following: program. An operator will satisfy the (2) Ensure through contract or other (1) To be consistent with the NCP, a requirement for a drill and exercise PHMSA-approved means the necessary facility response plan must: program by following the current private personnel and equipment to (i) Demonstrate an operator’s clear National Preparedness for Response respond to a worst-case discharge or a understanding of the function of the Exercise Program (PREP) guidelines. An substantial threat of such a discharge. Federal response structure, by providing operator choosing not to follow PREP (c) An operator may submit a procedures to notify the National guidelines must have a drill and response plan prepared to comply with Response Center that reflect the lead exercise program that is equivalent to State law or regulation if the operator role of the Federal On-Scene current PREP guidelines. The operator adds a DOT annex to the plan that meets Coordinator in pollution response; and must describe the drill program in the all additional requirements of this part (ii) Establish provisions to ensure the response plan and PHMSA’s Office of not addressed in the State plan. protection of safety at the response site; Pipeline Safety (OPS) will determine if ■ 14. In § 194.113: and the program is equivalent to PREP; ■ a. Revise paragraphs (a)(2), (b) (2) To be consistent with the (xi) Procedures to provide Safety Data introductory text, and (b)(3) and (4); applicable ACP the plan must: Sheets meeting 29 CFR 1910.1200 to ■ b. Remove paragraph (b)(5); (i) Identify and list the applicable emergency responders and the FOSC ■ c. Redesignate paragraph (b)(6) as ACPs; paragraph (b)(5); and (ii) Identify environmentally sensitive within 6 hours of notice of a spill to the ■ d. Revise newly redesignated areas; National Response Center; and paragraph (b)(5). (iii) Establish procedures for obtaining (xii) Plan review and update The revisions read as follows: permission for in-situ burning from the procedures; (2) An appendix for each response appropriate State or Federal authorities; zone that includes the information § 194.113 Information summary. and (a) * * * (iv) If applicable, establish the required in paragraphs (c)(1)(i) through (ix) of this section and the worst-case (2) A list of the response zone procedures for obtaining an expedited appendices for which the core plan is decision on the use of dispersants or discharge calculations that are specific to that response zone. An operator applicable. other chemicals. (b) The information summary for each (c) Each response plan must include: submitting a response plan for a single response zone appendix or for plans (1) A core plan consisting of— response zone does not need to have a (i) An information summary as core plan and a response zone with a single response zone, required in required in § 194.113; appendix. The operator of a single § 194.107, must include: (ii) Immediate notification response zone must have a single * * * * * procedures, including notification to the summary in the plan that contains the (3) The description or map of the National Response Center in accordance required information in § 194.113; and response zone, including county(s) and with § 195.52; (3) A description of the operator’s state(s), for each response zone; (iii) Spill detection and mitigation incident command system including the (4) A list or map of line sections for procedures; functional areas of finance, logistics, each pipeline contained in the response (iv) The name, address, and telephone operations, planning, and command. zone, identified by milepost or survey number of the OSRO, if appropriate; The plan must demonstrate that the station number, or other operator

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designation. If an operator has § 194.115 Response resources. response times specified in paragraphs submitted the PHMSA issued Facility (a) Each operator must identify and (b)(1) and (2) of this section, rather than Response Plan (FRP) identification ensure the resources necessary to the times referenced in 33 CFR part 154, number in its submission to the remove or mitigate to the maximum appendix C. Tier 1, Tier 2, and Tier 3 National Pipeline Mapping System extent practicable, a worst-case are different levels of response (NPMS) in accordance with § 191.29 of discharge in accordance with 33 CFR resources; Tier 1 represents the this chapter, they may reference the part 154, appendix C. Each operator resources available within 12 hours (6 NPMS to satisfy this requirement; and must provide documentation of these hours in a high-volume area) for an resources by contract or other PHMSA- (5) The type of oil and volume of the initial local response, while Tier 3 approved means. represents national-level resources worst-case discharge. (b) When determining the necessary available within 60 hours (54 hours in ■ 15. Revise § 194.115 to read as resources for each response tier in a high-volume area) that may be needed follows: accordance with paragraph (a) of this section, an operator must use the for spills with extensive impacts.

Tier 1— Tier 2— Tier 3— initial local regional national response response response

(1) High-volume area ...... 6 hrs. 30 hrs. 54 hrs. (2) All other areas ...... 12 hrs. 36 hrs. 60 hrs.

■ 16. Revise § 194.119 to read as approved means, the necessary equipment appropriate for response follows: personnel and equipment to respond to activities; and a worst-case discharge or a substantial (8) Any other information relating to § 194.119 Submission and approval procedures. threat of such a discharge to the circumstances that may affect the full maximum extent practicable. The implementation of the plan. (a) Each operator must submit an certificate must be signed by the electronic copy of the response plan (c) If PHMSA determines that a qualified individual or an appropriate change to a response plan does not meet required by this part. The response plan corporate officer. must be submitted to PHMSA.OPA90@ the requirements of this part, PHMSA DOT.GOV or other PHMSA-approved (f) If PHMSA receives a request from will notify the operator of any alleged electronic means. an FOSC to review a response plan, deficiencies, and provide the operator (b) If PHMSA determines that a PHMSA may provide a copy of the an opportunity to respond to PHMSA’s response plan does not meet all the response plan to the FOSC. PHMSA notice within 30 days, including an requirements of this part, PHMSA will may consider FOSC comments on opportunity for an informal conference, notify the operator of any alleged response techniques, protecting fish, to any proposed plan revisions and an deficiencies. The operator has an wildlife, and sensitive environments, opportunity to correct any deficiencies. opportunity to respond to PHMSA’s and on consistency with the ACP. * * * * * notice within 30 days of issuance, PHMSA remains the approving ■ 18. Amend appendix A to part 194 as including the opportunity for an authority for the response plan. follows: informal conference, on any proposed ■ 17. In § 194.121, revise paragraphs (a), ■ a. In ‘‘Response Plan: Section 1. plan revisions and an opportunity to (b)(1), (7), and (8), and (c) to read as Information Summary,’’ revise correct any deficiencies. follows: paragraphs (a)(2) and (b)(3) and (4), (c) An operator who disagrees with remove paragraph (b)(5), redesignate PHMSA’s determination that a plan § 194.121 Response plan review and update procedures. paragraph (b)(6) as paragraph (b)(5), and contains alleged deficiencies may revise newly redesignated paragraph petition PHMSA for reconsideration (a) Each operator must update its (b)(5); within 30 days from the date of receipt response plan to address new or ■ b. In ‘‘Response Plan: Section 2. of PHMSA’s notice. After considering different operating conditions or Notification Procedures,’’ revise all relevant material presented in information. In addition, each operator paragraph (a); writing or at an informal conference, must review and resubmit its response ■ c. In ‘‘Response Plan: Section 4. PHMSA will notify the operator of its plan in full at least every 5 years from Response Activities,’’ revise paragraph final decision. The operator must the date of the last approval. comply with the final decision within (d); (b) * * * ■ 30 days of issuance unless PHMSA d. In ‘‘Response Plan: Section 5. List (1) A new oil pipeline or an extension of Contacts,’’ revise the introductory allows additional time. of an existing pipeline in a response (d) PHMSA will approve the response text; zone where the new or extended plan if PHMSA determines that the ■ e. In ‘‘Response Plan: Section 7,’’ pipeline is not covered by a previously response plan meets all requirements of revise the heading and paragraphs (a) approved plan prior to filling the this part. PHMSA may consult with the and (b)(2); and pipeline with oil. An operator must EPA or the USCG if a FOSC has ■ f. In ‘‘Response plan: Section 9. include a list or map of the new oil concerns about the operator’s ability to Response Zone Appendices,’’ revise pipeline or extension if the information respond to a worst-case discharge. paragraphs (a), (d), (e), and (k)(2). is not available in NPMS per (e) If PHMSA has not approved a The revisions read as follows: response plan for a pipeline described § 194.113(b)(4); in this part, the operator may submit a * * * * * Appendix A to Part 194—Guidelines for certification to PHMSA that the operator (7) A change in the NCP or an ACP the Preparation of Response Plans has obtained, through contract or other that has a significant impact on the * * * * *

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Response Plan: Section 1. Information (3) Procedures to obtain permission to use (3) Caused estimated property Summary applicable alternative response strategies, damage, including cost of cleanup and * * * * * such as in-situ burning or dispersants, recovery, value of lost product, and (a) * * * consistent with applicable ACPs; damage to the property of the operator (2) A list of response zone appendices * * * * * or others, or both, exceeding $118,000; applicable to the core plan. (k) * * * * * * * * (b) * * * (2) Procedures to provide Safety Data ■ (3) A description or map of the response Sheets meeting 29 CFR 1910.1200 to 24. In § 195.573, revise paragraph (c) zone, including county(s) and state(s); emergency responders and the FOSC within to read as follows: (4) A list of line sections contained in the 6 hours of a spill. § 195.573 What must I do to monitor response zone, identified by milepost or external corrosion control? survey station number or other operator Appendix B to Part 194 [Amended] designation or statement that the PHMSA ■ 19. In appendix B to part 194, add * * * * * assigned FRP identification is provided in ‘‘The Great Lakes’’ to the list of ‘‘Other (c) Rectifiers and other devices. Any the National Pipeline Mapping System; and Navigable Waters’’ in alphabetical order. device listed in table 2 to this paragraph (5) The type of oil and volume of the worst- (c) must be periodically electrically case discharge. PART 195—TRANSPORTATION OF checked to ensure that adequate * * * * * HAZARDOUS LIQUIDS BY PIPELINE amperage and voltage levels needed to provide cathodic protection are Response Plan: Section 2. Notification ■ 20. Revise the authority citation for Procedures maintained. An operator may perform part 195 to read as follows: checks at the equipment’s physical * * * * * location or by remote monitoring. The (a) Notification requirements that apply in Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq., and 49 CFR 1.97. each area of operation of pipelines covered second column of table 2 to this by the plan, including notification to the ■ 21. In § 195.3, revise paragraphs (a) paragraph (c) prescribes minimum National Response Center and applicable and (b) introductory text to read as frequencies for checks required for State or local requirements; follows: devices listed in the first column. * * * * * § 195.3 What documents are incorporated TABLE 2 TO PARAGRAPH (C) Response Plan: Section 4. Response Activities by reference partly or wholly in this part? * * * * * (a) Certain material is incorporated by Device Minimum frequency for (d) Oil spill removal organizations reference into this part with the checks available, through contract or other approved approval of the Director of the Federal Rectifier Reverse At least six times each means, to respond to a worst-case discharge Register under 5 U.S.C. 552(a) and 1 to the maximum extent practicable; and current switch calendar year, but with CFR part 51. All approved material is Diode. intervals not exceeding * * * * * available for inspection at Office of 21⁄2 months between in- Response Plan: Section 5. List of Contacts Pipeline Safety, Pipeline and Hazardous spections. Section 5 would include the names and Materials Safety Administration, 1200 Interference bond addresses of the following individuals or New Jersey Avenue SE, Washington, DC whose failure organizations, with 10-digit telephone 20590, 202–366–4046, https:// would jeop- numbers at which they can be contacted on www.phmsa.dot.gov/pipeline/regs, and ardize struc- a 24-hour basis: tural protection. is available from the sources listed in Other inter- At least once each cal- * * * * * this section. It is also available for ference bond. endar year, but with in- inspection at the National Archives and Response Plan: Section 7. Drill and Exercise tervals not exceeding Procedures Records Administration (NARA). For 15 months between in- information on the availability of this spections. * * * * * material at NARA, email fedreg.legal@ (a) Announced and unannounced (1) Inspections may be done through exercises; nara.gov or go to www.archives.gov/ (b) * * * federal-register/cfr/ibr-locations.html. remote measurement or through an (2) Exercises involving emergency actions (b) American Petroleum Institute onsite inspection of the device. by assigned operating or maintenance (API), 200 Massachusetts Ave NW, Suite (2) Each remotely monitored rectifier personnel and notification of the qualified 1100, Washington, DC 20001, and must be physically inspected for individual on pipeline facilities that are phone: 202–682–8000, website: https:// continued safe and reliable operation normally unattended conducted quarterly. www.api.org/. whenever cathodic protection tests * * * * * * * * * * occur pursuant to paragraph (a)(1) of ■ this section. Response Plan: Section 9. Response Zone 22. In § 195.50, revise paragraph (e) to Appendices. read as follows: * * * * * ■ 25. Amend appendix C to part 195 as * * * * * § 195.50 Reporting accidents. follows: (a) The names and 10-digit telephone ■ numbers of the qualified individuals; * * * * * a. Revise the introductory text and (e) Estimated property damage, paragraphs I.B(3) and (6) through (11); * * * * * including the cost of clean-up and ■ b. Remove paragraph I.B(12); and (d) Name, address, and telephone number ■ c. Revise paragraphs II.A(11), (15), of the OSRO; recovery, value of lost product, and damage to the property of the operator and (17). (e) Response activities and response The revisions read as follows: resources including— or others, or both, exceeding $118,000. (1) Equipment and supplies necessary to ■ 23. In § 195.52, revise paragraph (a)(3) Appendix C to Part 195—Guidance for meet § 194.115; to read as follows: Implementation of an Integrity (2) The trained personnel necessary to Management Program sustain operation of the equipment and to § 195.52 Immediate notice of certain staff the OSRO and incident management accidents. This appendix gives guidance to help an team for the first 7 days of the response; and (a) * * * operator implement integrity management

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program requirements in §§ 195.450 and corrosion, vandalism, and other obvious • Hearing 2: May 5, 2020, from 6 p.m. 195.452. This appendix is intended to give signs of improper maintenance. (EDT) to 10 p.m. (EDT). advice to operators on how to implement the * * * * * • Hearing 3: May 6, 2020, from 6 p.m. requirements of the integrity management (EDT) to 10 p.m. (EDT). requirements. This appendix is not legally Issued in Washington, DC on March 13, binding and conformity with this appendix is 2020, under authority delegated in 49 CFR ADDRESSES: Written comments in voluntary only. However, if an operator 1.97. response to views or information incorporates parts of this appendix into its Alan K. Mayberry, provided at the public hearings may be integrity management program, the operator Associate Administrator for Pipeline Safety. submitted by any of the methods listed must then comply with those provisions. [FR Doc. 2020–05721 Filed 4–15–20; 8:45 am] in the NPRM. See 85 FR 14036. Guidance is provided on: The public hearings will be held BILLING CODE 4910–60–P (1) Information an operator may use to telephonically. For more logistical identify a high consequence area and factors an operator can use to consider the potential information on the public hearings impacts of a release on an area; DEPARTMENT OF TRANSPORTATION please visit https://railroads.dot.gov/ (2) Risk factors an operator can use to legislation-regulations/TCRR-NPRM. determine an integrity assessment schedule; Federal Railroad Administration Please note that participation in each (3) Safety risk indicator tables for leak hearing will be limited to the first 300 history, volume or line size, age of pipeline, 49 CFR Part 299 callers. and product transported, an operator may use Dial-in phone numbers and to determine if a pipeline segment falls into [Docket No. FRA–2019–0068, Notice No. 4] participant access codes for each a high, medium or low risk category; hearing are as follows: (4) Types of internal inspection tools an RIN 2130–AC84 • operator could use to find pipeline Hearing 1: Phone number: 844– anomalies; Texas Central Railroad High-Speed 721–7241; participant access code: (5) Measures an operator could use to Rail Safety Standards 6322460. measure an integrity management program’s • Hearing 2: Phone number: 844– performance; and AGENCY: Federal Railroad 721–7241; participant access code: (6) Types of records an operator will have Administration (FRA), Department of 6441451. to maintain. Transportation (DOT). • Hearing 3: Phone number: 844– (7) Types of conditions that an integrity ACTION: Proposed rule; announcement of 291–5491; participant access code: assessment may identify that an operator 8976262. should include in its required schedule for telephonic public hearings and evaluation and remediation. comment period extension. FOR FURTHER INFORMATION CONTACT: Mr. I. * * * Kenton Kilgore, Program Analyst, B. * * * SUMMARY: On March 10, 2020, FRA Federal Railroad Administration, Office (3) Crossing of farm tile fields. Using published a notice of proposed of Railroad Safety (telephone: (202) available information and knowledge, an rulemaking (NPRM) that would 493–6286; email: Kenton.Kilgore@ operator should consider the possibility of establish safety standards for the Texas dot.gov); or Mr. Michael Hunter, spillage in a field following a drain tile into Central Railroad (TCRR) high speed rail a waterway. Attorney Adviser, Federal Railroad system. On March 12, 2020, FRA Administration, Office of Chief Counsel, * * * * * announced three public hearings to (telephone: (202) 493–0368; email: (6) Operating conditions of the pipeline provide members of the public an [email protected]). (pressure, flow, mode of operation, etc.). opportunity to provide oral comments SUPPLEMENTARY INFORMATION: (7) The hydraulic gradient of the pipeline. on the proposed safety requirements, (8) The diameter of the pipeline, the Prior Public Engagement as Part of the potential release volume, and the distance which were subsequently postponed on between the isolation points. March 30, 2020. FRA is now Environmental Review Process (9) Potential physical pathways between announcing the rescheduling of the In its March 12, 2020, announcement the pipeline and the high-consequence area. public hearings. Additionally, FRA is of the public hearings, FRA briefly (10) Response capability (time to respond, extending the comment period to May discussed prior public engagement that nature of response). 26, 2020, to afford members of the was part of the environmental review (11) Potential of terrain and waterways to public time to comment on opinions be flooded and serve as a conduit to a high process. See 84 FR 14449. While not and views expressed during these repeating that discussion here, FRA still consequence area. hearings, that will be captured in a II. * * * wishes to draw attention to those prior A. * * * transcript of the proceedings and placed opportunities, reiterate that it is (11) Location related to potential flooding in the rulemaking docket. considering all comments received, and or ground movement (e.g., flood zones, DATES: The comment period for the make clear that it will provide responses seismic faults, rock quarries, and coal mines); proposed rule published on March 10, to the comments submitted during the climatic (permafrost causes settlement— 2020 (85 FR 14036), is extended and public comment period for the draft Alaska); geologic (earthquakes, landslides or now closes on May 26, 2020. Written environmental impact statement (EIS) in subsidence areas). comments in response to views or the final EIS. FRA anticipates releasing * * * * * information provided at the public the final EIS in late Spring of this year. (15) Operating conditions of the pipeline hearings must be received by May 26, (pressure, stress levels, flow rate, etc.). 2020. Public Hearings To Receive Oral Consider if the pipeline has been exposed to The public hearings will be Comment on the NPRM—Purpose and an operating pressure exceeding the Scope established maximum operating pressure. conducted on the following dates at the following times (members of the public As stated above, FRA published the * * * * * (17) Physical support of the pipeline will be able to call into each telephonic NPRM proposing safety requirements segment such as by a cable suspension hearing 30 minutes prior to the start of specific to the TCRR high-speed rail bridge. An operator should look for stress each hearing): system, and opened the public comment indicators on the pipeline (strained supports, • Hearing 1: May 4, 2020, from 5 p.m. period on March 10, 2020. See 85 FR inadequate support at towers), atmospheric (EDT) to 10 p.m. (EDT). 14036. On March 12, 2020, FRA

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announced it had scheduled three the merits of the project as a whole, or or other proceedings outside of the public hearings to be conducted in to provide comment on proceedings rulemaking. Dallas, Navasota, and Houston, Texas, outside of the NPRM, such as the In its rulemaking petition, submitted between March 31 and April 2, 2020. environmental review process. Rather, April 16, 2016, TCRR requested FRA See 85 FR 14449. the NPRM hearings are meant to help exercise its authority under 49 U.S.C. However, in light of the President’s inform FRA’s decisions regarding the 20306 to exempt its high-speed March 13, 2020, Proclamation on technical safety requirements proposed passenger rail trainsets from the Declaring a National Emergency in the NPRM and its associated requirements of 49 U.S.C. 20302, concerning the Novel Coronavirus economic analysis. The hearings on the mandating that railroad vehicles be Disease 2019 (COVID–19) public health NPRM will be conducted by equipped with (1) secure sill steps and emergency, and the Centers for Disease representatives of FRA designated under efficient hand brakes; (2) secure grab Control and Prevention (CDC) guidance FRA’s Rules of Practice (49 CFR 211.25). irons or handholds on vehicle ends and to cancel mass gatherings of people,1 The rules of evidence will not apply. sides for greater security to individuals FRA postponed the three public The hearings will be informal, which coupling and uncoupling vehicles; and hearings in a March 30, 2020 Federal means that they are non-adversarial (3) the standard height of drawbars. See Register publication (85 FR 17527). FRA proceedings and there will be no cross 49 U.S.C. 20302(a)(1)(B), (a)(2), and is now announcing the rescheduling of examination of persons presenting (a)(3). those hearings to provide an statements or offering evidence. These In support of its request for an opportunity for additional public hearings are an opportunity to provide exemption, TCRR noted in its petition participation. Consistent with CDC relevant technical information to FRA that safety appliances such as sill steps guidelines advising against in-person regarding the proposed requirements or end or side handholds are typically gatherings,2 FRA has decided to and associated economic analysis, and a used in conventional North American convene three telephonic public mechanism to place that information in practice by maintenance personnel who hearings. The choice to conduct these the record for review and consideration ride the side of trainsets in yards or hearings telephonically represents by FRA. maintenance facilities for marshalling operations. The N700 series trainset, as merely a change in the manner of public Exemption for Technological engagement. As the medium of these proposed in the NPRM, is a fixed- Improvements—Proceedings Under 49 consist trainset where trainset make-up hearings is telephonic (there is no web- U.S.C. 20306 based application being used as part of only occurs in defined locations where these hearings), members of the public, As a part of only Hearing 1, FRA will maintenance personnel can safely climb regardless of phone technology used, conduct proceedings under 49 U.S.C. on, under, or between the equipment, will be able to participate.3 FRA 20306 to determine whether to invoke consistent with the protections afforded anticipates being able to accommodate its discretionary authority to provide under 49 CFR part 218. Additionally, the same number of participants at each relief to TCRR from certain the leading and trailing ends of the telephonic hearing as during the in- requirements of 49 U.S.C. ch. 203 for its N700 series trainset are equipped with person hearings, and does not believe planned operation of new high-speed an automatic coupler located behind a trainsets built to the proposed there will be any degradation in the removable shroud. These couplers, as requirements contained in the NPRM. quality of the opinions and views proposed by TCRR, will only be used for FRA will conduct these proceedings expressed during a telephonic hearing, rescue operations in accordance with during the first hour of the hearing. TCRR’s operating rules, and provide for as compared to an in-person hearing. Under 49 U.S.C. 20306, FRA may the safe coupling of one trainset to Further, FRA will consider all exempt TCRR from the above-identified another (i.e., each end will have comments received during these statutory requirements based on automatic self-centering couplers that telephonic hearings just as it would if evidence received and findings couple to other trainsets on impact and the comments were received at an in- developed at a hearing demonstrating uncouple by mechanisms that do not person hearing. that the statutory requirements As with the in-persons hearings, require a person to go between trainsets ‘‘preclude the development or or the activation of a traditional members of the public are invited to implementation of more efficient uncoupling lever). Further, as proposed, present oral statements, and to offer railroad transportation equipment or level boarding will be provided at all information and views about the other transportation innovations under locations in trainset maintenance technical safety requirements proposed existing law.’’ Accordingly, to receive facilities where crew and maintenance in the NPRM at the upcoming hearings. such evidence and develop findings to personnel are normally required to Unlike the public hearings conducted determine whether FRA should invoke access or disembark trainsets. Moreover, for the environmental review, the its discretionary authority under 49 because the equipment is a fixed-consist purpose and scope of these hearings is U.S.C. 20306 in this instance, trainset in which individual vehicles are to receive oral comments only on the proceedings will be conducted as part of semi-permanently coupled and, as technical safety requirements proposed Hearing 1 scheduled for Monday, May noted above, individual vehicles can in the NPRM and its associated 4, 2020 at 5:00 p.m. (EDT). Interested only be disconnected in repair facilities economic analysis. The NPRM public parties are invited to present oral where personnel can work on, under, or hearings are not a forum for debate on statements at the hearing regarding the between units under protections technical information presented in the consistent with 49 CFR part 218, TCRR 1 See https://www.cdc.gov/coronavirus/2019- ncov/community/large-events/mass-gatherings- NPRM addressing the application of 49 asserts that having drawbars at the ready-for-covid-19.html. U.S.C. ch. 203. Again, as mentioned statutorily prescribed height is 2 Id. above, this part of the proceedings will unnecessary. 3 Please note that FRA is not making any be an informal hearing limited in scope As such, TCRR believes there is not a representations about the connection of any one to the technical information presented functional need to equip the ends of the member of the public’s individual phone. Technical issues that arise between a member of the public regarding the proposed requirements trainsets with sill steps, end or side and their individual phone provider are outside of concerning safety appliances, and is not handholds, or uncoupling levers. As FRA’s control. a forum to generally debate the project this technology is intended to operate at

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high-speeds, the inclusion of these announced at the hearings to indicate a time to review and provide written appurtenances would have a significant desire to make a statement. comments on the transcripts of the three and detrimental impact on the FRA will generally limit the duration public hearings conducted. All written aerodynamics of the trainset. This of individual presentations, as comments must now be submitted by increase in the aerodynamic footprint necessary, to afford all persons who May 26, 2020. Written comments would negatively impact both efficiency wish to speak the opportunity to do so. submitted after that date will be and aerodynamic noise emissions However, during the proceedings under considered to the extent practicable. 49 U.S.C. 20306, conducted as part of according to TCRR. FRA notes that it received numerous TCRR also noted that trainset Hearing 1, TCRR may be afforded requests not to hold ‘‘virtual hearings,’’ securement will be provided using additional time to present information due to concerns over the lack of reliable wheel chocks in addition to stringent to support its request for FRA to invoke high-speed internet access, and/or to operating rules and procedures, which its discretionary authority under 49 indefinitely postpone hearings until will be consistent with the service- U.S.C. 20306. proven procedures utilized on the At each hearing, FRA will announce they can be safely held in person. In Tokaido Shinkansen. Additionally, as additional procedures that may be response, FRA has shifted these proposed in the NPRM, TCRR will be necessary for the conduct of the hearing, hearings to telephone-only hearings, required to demonstrate, as part of its including the specific time limit for which will be able to accommodate the vehicle qualification procedures, that individual presentations. FRA reserves same number of participants as the the procedures effectively secure the the right to limit participation in the previously scheduled in-person trainset (see proposed § 299.607). hearing of persons who exceed their hearings, in a manner that is consistent In sum, TCRR asserted that requiring allotted time, or who discuss topics or with ensuring public health, and that compliance with the identified statutory issues outside the scope of the proposed does not require any technology beyond requirements would serve to preclude rulemaking. a telephone. We have also extended the the development or implementation of The proceedings will be recorded, comment period to ensure the more efficient railroad transportation with transcripts prepared. FRA will add opportunity to comment on any safety equipment or other transportation the transcripts of the hearings to the issues raised in the hearing. However, innovations under existing law. public docket in this rulemaking given the extensive public outreach already conducted related to this Procedures for Public Participation in proceeding. For information on services for proposed rule, and the supplementary the Hearings on the NPRM persons with disabilities, please contact nature of the public hearings as related At each NPRM hearing, FRA FRA Program Analyst, Mr. Kenton to the opportunity to provide detailed representatives will make opening Kilgore, at least 5 working days before written comments on the proposed rule, statements reiterating the scope of the the date of the hearing by one of the in consultation with Office of hearing as described above, and any means listed in the FOR FURTHER Information and Regulatory Affairs, FRA relevant procedures to be followed at INFORMATION CONTACT section. has determined that there is no need to the hearing. Following FRA’s opening further postpone the public hearings or statements, there will be an opportunity Extension of Comment Period further extend the comment period. for members of the public to present a As the comment period for the NPRM Issued in Washington, DC, on April 13, brief oral comment on the record. Time published on March 10, 2020, closes on 2020. permitting, FRA will allow everyone May 11, 2020, and the public hearings who desires to provide an oral comment are scheduled for May 4–6, 2020, FRA John Karl Alexy, at a hearing the opportunity to do so. is extending the comment period so that Associate Administrator for Railroad Safety, Those members of the public wishing to it now closes on May 26, 2020. FRA is Chief Safety Officer. make a statement at the hearing will be extending the comment period so that [FR Doc. 2020–08015 Filed 4–13–20; 4:15 pm] required to follow those procedures members of the public have adequate BILLING CODE 4910–06–P

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Notices Federal Register Vol. 85, No. 74

Thursday, April 16, 2020

This section of the FEDERAL REGISTER Estimates Act (7 U.S.C. 471–476) and serve as a basis for market prices and contains documents other than rules or the U.S. Cotton Standards Act (7 U.S.C. reflect the value of agricultural proposed rules that are applicable to the 51–65) provide for classification of commodities to both producers and public. Notices of hearings and investigations, cotton and development of cotton consumers. AMS’ grading and committee meetings, agency decisions and standards materials necessary for cotton certification, audit and accreditation, rulings, delegations of authority, filing of petitions and applications and agency classification. The Cotton Futures Act (7 plant process and equipment statements of organization and functions are U.S.C. 15b) provides for futures verification, and laboratory approval examples of documents appearing in this certification services and the Tobacco services are voluntary tools paid for by section. Inspection Act (7 U.S.C. 511–511s) the users on a fee-for-service basis. The provides for tobacco inspection and agriculture industry can use these tools grading. These Acts also provide for the to promote and communicate the DEPARTMENT OF AGRICULTURE recovery of costs associated with these quality of agricultural commodities to services. consumers. Laboratory services are Agricultural Marketing Service On November 13, 2014, the provided for analytic testing, including [Document No. AMS–LRRS–20–0033] Department of Agriculture (Department) but not limited to chemical, published in the Federal Register a final microbiological, biomolecular, and 2020/2021 Rates Charged for AMS rule that established standardized physical analyses. AMS is required by Services formulas for calculating the fees charged statute to recover the costs associated by AMS user-funded programs (79 FR with these services. AGENCY: Agricultural Marketing Service, 67313). Every year since then, the As required by the Cotton Statistics USDA. Department has published in the and Estimates Act (7 U.S.C. 471–476), ACTION: Notice. Federal Register a notice announcing consultations regarding the the rates for its user-funded programs. establishment of the fee for cotton SUMMARY: The Agricultural Marketing This notice announces the 2020/2021 classification with U.S. cotton industry Service (AMS) is announcing the 2020/ fee rates for voluntary grading, representatives are held in the 2021 rates it will charge for voluntary inspection, certification, auditing, and beginning of the year when most grading, inspection, certification, laboratory services for a variety of industry stakeholder meetings take auditing, and laboratory services for a agricultural commodities including place. Representatives of all segments of variety of agricultural commodities meat and poultry, fruits and vegetables, the cotton industry, including including meat and poultry, fruits and eggs, dairy products, and cotton and producers, ginners, bale storage facility vegetables, eggs, dairy products, and tobacco on a per-hour rate and, in some operators, merchants, cooperatives, and cotton and tobacco. The 2020/2021 instances, the equivalent per-unit cost. textile manufacturers were informed of regular, overtime, holiday, and The per-unit cost is provided to the fees during various industry- laboratory services rates will be applied facilitate understanding of the costs sponsored forums. at the beginning of the crop year, fiscal associated with the service to the year or as required by law depending on Rates Calculations industries that historically used unit- the commodity. Other starting dates are AMS calculated the rate for services, cost basis for payment. The fee rates added to this notice based on cotton per hour per program employee, using will be effective at the beginning of the industry practices. This action the following formulas (a per-unit base fiscal year, crop year, or as required by establishes the rates for user-funded is included for programs that charge for specific laws. programs based on costs incurred by services on a per-unit basis): The rates reflect direct and indirect AMS. This year, all AMS user fee rates (1) Regular rate. The total AMS costs of providing services. Direct costs will remain unchanged. grading, inspection, certification, include the cost of salaries, employee DATES: April 17, 2020. classification, audit, or laboratory benefits, and, if applicable, travel and service program personnel direct pay FOR FURTHER INFORMATION CONTACT: some operating costs. Indirect or divided by direct hours for the previous Charles Parrott, AMS, U.S. Department overhead costs include the cost of year, which is then multiplied by the of Agriculture, Room 3070–S, 1400 Program and Agency activities next year’s percentage of cost of living Independence Ave. SW, Washington, supporting the services provided to the increase, plus the benefits rate, plus the DC 20250; telephone (202) 260–9144, industry. The formula used to calculate operating rate, plus the allowance for fax (202) 692–0313, email these rates also includes operating bad debt rate. If applicable, travel [email protected]. reserve, which may add to or draw upon expenses may also be added to the cost SUPPLEMENTARY INFORMATION: The the existing operating reserves. of providing the service. Agricultural Marketing Act of 1946, as These services include the grading, (2) Overtime rate. The total AMS amended, (AMA) (7 U.S.C. 1621–1627), inspection or certification of quality grading, inspection, certification, provides for the collection of fees to factors in accordance with established classification, audit, or laboratory cover costs of various inspection, U.S. Grade Standards or other service program personnel direct pay grading, certification or auditing specifications; audits or accreditation divided by direct hours, which is then services covering many agricultural according to International Organization multiplied by the next year’s percentage commodities and products. The AMA for Standardization (ISO) standards and/ of cost of living increase and then also provides for the recovery of costs or Hazard Analysis and Critical Control multiplied by 1.5, plus the benefits rate, incurred in providing laboratory Point (HACCP) principles; and other plus the operating rate, plus an services. The Cotton Statistics and marketing claims. The quality grades allowance for bad debt. If applicable,

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travel expenses may also be added to multiplied by the next year’s percentage All rates are per-hour except when a the cost of providing the service. of cost of living increase and then per-unit cost is noted. The specific (3) Holiday rate. The total AMS multiplied by 2, plus the benefits rate, amounts in each rate calculation are grading, inspection, certification, plus the operating rate, plus an available upon request from the specific classification, audit, or laboratory allowance for bad debt. If applicable, AMS program. service program personnel direct pay travel expenses may also be added to divided by direct hours, which is then the cost of providing the service.

2020/2021 RATES

Includes travel Regular Overtime Holiday costs in rate Start date

Cotton Fees

7 CFR Part 27—Cotton Classification Under Cotton Futures Legislation Subpart A—Regulations; §§ 27.80–27.90 Costs of Classifications and Micronaire

Cotton Standardization

Certification for Futures Contract (Grading services $4.25/bale X August 1, 2020. for samples submitted by CCC-licensed samplers).

Transfer of Certification Data to New Owner or Cer- $0.20/bale X August 1, 2020. tified Warehouse (Electronic transfer performed).

7 CFR Part 28—Cotton Classing, Testing, and Standards Subpart A—Regulations Under the United States Cotton Standards Act; §§ 28.115–28.126 Fees and Costs Subpart D—Cotton Classification and Market News Service for Producers; § 28.909 Costs; § 28.910 Classification of Samples and Issuance of Classification Data; § 28.911 Review Classification.

Cotton Grading

Form 1: Grading Services for Producers (submitted $2.30/bale X July 1, 2020. by licensed sampler).

Form 1 Review (new sample submitted by licensed $2.30/bale X July 1, 2020. sampler).

Form A Determinations (sample submitted by li- $2.30/bale X July 1, 2020. censed warehouse).

Form C Determinations (sample submitted by non-li- $2.30/bale ...... July 1, 2020. censed entity; bale sampled under USDA super- vision).

Form D Determination (sample submitted by owner or $2.30/bale X July 1, 2020. agent; classification represents sample only).

Foreign Growth Classification (sample of foreign $6.00/sample X August 1, 2020. growth cotton submitted by owner or agent; classi- fication represents sample only).

Arbitration (comparison of a sample to the official $6.00/sample X August 1, 2020. standards or a sample type).

Practical Cotton Classing Exam (for non-USDA em- Exam: $150/applicant Reexamination: $130/ X July 1, 2020. ployees). applicant

Special Sample Handling (return of samples per re- $0.50/sample X July 1, 2020. quest).

Electronic Copy of Classification Record ...... $0.05/bale ($5.00/month minimum with any X July 1, 2020. records received)

Form A Rewrite (reissuance of Form 1, Form A, or $0.15/bale or $5.00/page minimum X August 1, 2020. Futures Certification data or combination).

Form R (reissuance of Form 1 classification only) ...... $0.15/bale or $5.00/page minimum X July 1, 2020.

International Instrument Level Assessment ...... $4.00/sample X July 1, 2020.

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2020/2021 RATES—Continued

Includes travel Regular Overtime Holiday costs in rate Start date

Dairy Fees

7 CFR Part 58—Grading and Inspection, General Specifications for Approved Plants and Standards for Grades of Dairy Products Subpart A—Regulations Governing the Inspection and Grading Services of Manufactured or Processed Dairy Products; §§ 58.38–58.46 Fees and Charges

Continuous Resident Grading Service ...... $76.00 $90.92 $107.24 X October 1, 2020.

Non-resident and Intermittent Grading Service; State $82.00 $96.76 $116.64 X October 1, 2020. Graders; Equipment Review.

Non-resident Services 6pm-6am (10 percent night dif- $90.20 $106.44 $128.32 X October 1, 2020. ferential).

Export Certificate Services ...... $82.00 N/A N/A ...... October 1, 2020.

Special Handling ...... $41.00 N/A N/A ...... October 1, 2020.

Fax Charge ...... $4.00 N/A N/A ...... October 1, 2020.

Derogation Application ...... $123.00 N/A N/A ...... October 1, 2020.

Specialty Crops Fees

7 CFR Part 51—Fresh Fruits, Vegetables and Other Products (Inspection, Certification, and Standards) Subpart A—Regulations; §§ 51.37–51.44 Schedule of Fees and Charges at Destination Markets § 51.45 Schedule of Fees and Charges at Shipping Point Areas

Quality and Condition Inspections for Whole Lots ...... $210.00 per lot ...... October 1, 2020.

Quality and Condition Half Lot or Condition-Only In- $174.00 per lot ...... October 1, 2020. spections for Whole Lots.

Condition—Half Lot ...... $161.00 per lot ...... October 1, 2020.

Quality and Condition or Condition-Only Inspections $96.00 per lot ...... October 1, 2020. for Additional Lots of the Same Product.

Dockside Inspections—Each package weighing < 30 $0.044 per pkg...... October 1, 2020. lbs..

Dockside Inspections—Each package weighing > 30 $0.068 per pkg...... October 1, 2020. lbs..

Charge per Individual Product for Dockside Inspection $210.00 per lot ...... October 1, 2020.

Charge per Each Additional Lot of the Same Product $96.00 per lot ...... October 1, 2020.

Inspections for All Hourly Work ...... $93.00 $125.00 $157.00 ...... October 1, 2020.

Audit Services—Federal ...... $115.00 ...... October 1, 2020.

Audit Services—State ...... $115.00 ...... October 1, 2020.

GFSI Certification Fee ...... $250 per audit ...... October 1, 2020.

7 CFR Part 52—Processed Fruits and Vegetables, Processed Products Thereof, and Other Processed Food Products Subpart—Regulations Governing Inspection and Certification; §§ 52.41–52.51 Fees and Charges

Lot Inspections ...... $75.00 $104.00 $133.00 ...... October 1, 2020.

In-plant Inspections Under Annual Contract (year- $75.00 $103.00 $130.00 ...... October 1, 2020. round).

Additional Graders (in-plant) or Less Than Year- $85.00 $114.00 $142.00 ...... October 1, 2020. Round.

Audit Services—Federal ...... $115.00 ...... October 1, 2020.

Audit Services—State ...... $115.00 ...... October 1, 2020.

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2020/2021 RATES—Continued

Includes travel Regular Overtime Holiday costs in rate Start date

GFSI Certification Fee ...... $250 per audit ...... October 1, 2020.

Meat Fees

7 CFR Part 54—Meats, Prepared Meats, and Meat Products (Grading, Certification, and Standards) Subpart A—Regulations; §§ 54.27–54.28 Charges for Service

Scheduled Grading ...... $84.00 $103.00 $121.00 X October 1, 2020.

Unscheduled Grading ...... $114.00 $132.00 $154.00 ...... October 1, 2020.

Scheduled Night Differential (6 p.m.–6 a.m.) ...... $93.00 $113.00 $121.00 X October 1, 2020.

7 CFR Part 62—Livestock, Meat and Other Agri- cultural Commodities (Quality Systems Verification Programs) Subpart A—Quality Systems Verification Definitions § 62.300 Fees and Other Costs for Service

Auditing Activities ...... $115.00 ...... October 1, 2020.

Poultry Fees

7 CFR Part 56—Voluntary Grading of Shell Eggs Subpart A—Grading of Shell Eggs; §§ 56.45–56.54 Fees and Charges

7 CFR Part 70—Voluntary Grading of Poultry and Rabbit Products Subpart A—Grading of Poultry and Rabbit Products; §§ 70.70–70.78 Fees and Charges

Scheduled Grading ...... $62.00 $80.00 $97.00 X October 1, 2020.

Scheduled, Night Differential (6 p.m.–6 a.m.) ...... $68.00 $89.00 $97.00 X October 1, 2020.

Scheduled, Sunday Differential ...... $79.00 $103.00 N/A X October 1, 2020.

Scheduled, Sunday and Night Differential ...... $88.00 $114.00 N/A X October 1, 2020.

Unscheduled Grading ...... $99.00 $122.00 $147.00 ...... October 1, 2020.

Audit Service ...... $115.00 ...... October 1, 2020.

Science and Technology Fees

7 CFR Part 91—Services and General Information (Science and Technology) Subpart I—Fees and Charges; §§ 91.37–91.45

Laboratory Testing Services ...... $98.00 $115.00 $131.00 ...... October 1, 2020.

Laboratory Approval Services 1 ...... $188.00 $212.00 $237.00 X January 1, 2021.

7 CFR Part 75—Regulations for Inspection and Certification of Quality of Agricultural and Vegetable Seeds

§ 75.41 General

Laboratory Testing ...... $58.00 $86.00 $115.00 X October 1, 2020.

Administrative Fee ...... $14.50 per certificate ...... October 1, 2020.

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2020/2021 RATES—Continued

Includes travel Regular Overtime Holiday costs in rate Start date

Tobacco Fees

7 CFR Part 29—Tobacco Inspection Subpart A—Policy Statement and Regulations Governing the Extension of Tobacco Inspection and Price Support Services to New Markets and to Additional Sales on Designated Markets; Subpart B—Regulations; §§ 29.123–29.129 Fees and Charges; § 29.500 Fees and charges for inspection and acceptance of imported tobacco Subpart F—Policy Statement and Regulations Governing the Identification and Certification of Non-quota Tobacco Produced and Marketed in Quota Area; § 29.9251 Fees and Charges

Domestic Permissive Inspection and Certification (re- $55.00 $64.00 $72.00 ...... July 1, 2020. grading of domestic tobacco for processing plants, retesting of imported tobacco, and grading tobacco for research stations.).

Export Permissive Inspection and Certification (grad- $0.0025/pound X July 1, 2020. ing of domestic tobacco for manufacturers and dealers for duty drawback consideration).

Grading for Risk Management Agency (for Tobacco $0.015/pound X July 1, 2020. Crop Insurance Quality Adjustment determinations).

Pesticide Test Sampling (collection of certified to- $0.0065/kg or $0.0029/pound X July 1, 2020. bacco sample and shipment to AMS National Science Laboratory for testing).

Pesticide Retest Sampling (collection of certified to- $115.00/sample and $55.00/hour X July 1, 2020. bacco sample from a previously sampled lot for re- testing at the AMS National Science Laboratory; fee includes shipping).

Standards Course (training by USDA-certified instruc- $1,250.00/person ...... July 1, 2020. tor on tobacco grading procedures).

Import Inspection and Certification (grading of im- $0.0170/kg or $0.0080/pound X July 1, 2020 ported tobacco for manufacturers and. dealers) ...... 1 Travel costs outside the United States will be added to the fee, if applicable.

Authority: 7 U.S.C. 15b; 7 U.S.C. 473a–b; the validity of the methodology and number and the agency informs 7 U.S.C. 55 and 61; 7 U.S.C. 51–65; 7 U.S.C. assumptions used; ways to enhance the potential persons who are to respond to 471–476; 7 U.S.C. 511, 511s; and 7 U.S.C. quality, utility and clarity of the the collection of information that such 1621–1627. information to be collected; and ways to persons are not required to respond to Bruce Summers, minimize the burden of the collection of the collection of information unless it Administrator. information on those who are to displays a currently valid OMB control [FR Doc. 2020–08106 Filed 4–15–20; 8:45 am] respond, including through the use of number. appropriate automated, electronic, BILLING CODE P Farm Service Agency mechanical, or other technological collection techniques or other forms of Title: Farm Loan Program—Inventory DEPARTMENT OF AGRICULTURE information technology. Property Management. Comments regarding this information OMB Control Number: 0560–0234. Submission for OMB Review; collection received by May 18, 2020 will Summary of Collection: The Farm Comment Request be considered. Written comments and Loan Program provides supervised recommendations for the proposed credit in the form of loans to family April 13, 2020. information collection should be farmers to purchase real estate and The Department of Agriculture has submitted within 30 days of the equipment and finance agricultural submitted the following information publication of this notice on the production. Authority to establish the collection requirement(s) to OMB for following website www.reginfo.gov/ regulatory requirements contained in 7 review and clearance under the public/do/PRAMain. Find this CFR 767 is provided under section 302 Paperwork Reduction Act of 1995. particular information collection by of the Act (7 U.S.C. 1922) which Comments are required regarding; selecting ‘‘Currently under 30-day provides that ‘‘the Secretary is whether the collection of information is Review—Open for Public Comments’’ or authorized to make and insure under necessary for the proper performance of by using the search function this title to farmers . . .’’ Section 339 of the functions of the agency, including An agency may not conduct or the Act (7 U.S.C. 1989) further provides whether the information will have sponsor a collection of information that ‘‘the Secretary is authorized to practical utility; the accuracy of the unless the collection of information make such rules and regulations, agency’s estimate of burden including displays a currently valid OMB control prescribe the terms and conditions for

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making . . . loans, security instruments measures will be sufficient to mitigate States and to authorize their importation and agreements, except as otherwise the risks of introducing or disseminating from all prefectures of Japan (excluding specified herein, and to make such plant pests or noxious weeds via the the Amami, Bonin, Ryukyu, Tokara, and delegations of authority as he deems importation of fresh sand pears from all Volcano Islands) rather than from necessary to carry out this title.’’ The production areas of Japan. certain authorized areas of production. Secretary delegated authority to DATES: The articles covered by this We noted in the CIED that no quarantine administer the provisions of the Act notice may be authorized for pests have been intercepted on sand applicable to FLP to the Under Secretary importation after April 16, 2020. pear at the ports of entry into the United for Farm and Foreign Agricultural FOR FURTHER INFORMATION CONTACT: Mr. States since market access was granted Services (FFAS) in section 2.16 of 7 CFR Tony Roman, Senior Regulatory Policy to Japan in 1985. part 2. FFAS further delegated this Specialist, RCC, IRM, PHP, PPQ, APHIS, We solicited comments on the pest authority to the FSA Administrator in 4700 River Road Unit 133, Riverdale, list and CIED for 60 days ending on section 2.42 of 7 CFR part 2. MD 20737–1236; (301) 851–2242. November 22, 2019. We received five comments by that date. They were from Need and Use of the Information: SUPPLEMENTARY INFORMATION: Information collections are submitted by Under the regulations in ‘‘Subpart L— State departments of agriculture, an applicants to the local agency office Fruits and Vegetables’’ (7 CFR 319.56– organization representing tree fruit serving the country in which their 1 through 319.56–12, referred to below growers, and the public. The comments business is headquartered. The as the regulations), the Animal and that we received are discussed below by information is necessary to thoroughly Plant Health Inspection Service (APHIS) topic. evaluate an applicant’s request to prohibits or restricts the importation of General Comments purchase inventory property and is used fruits and vegetables into the United by the agency to determine an One commenter representing a State States from certain parts of the world to government expressed concern that applicant’s eligibility to lease or prevent plant pests from being there were no mitigations in the revised purchase inventory property and to introduced into and spread within the requirements for importation of sand ensure payment of the lease or purchase United States. pears from Japan other than amount. Failure to collect the Section 319.56–4 of the regulations phytosanitary inspection. information would result in the agency contains a notice-based process based We have determined, for the reasons not complying with congressional on established performance standards described in the CIED that accompanied mandates. for authorizing the importation of fruits the notice, that the conditions in place Description of Respondents: Business and vegetables. Paragraph (c) of that will effectively mitigate the pest risk or other for-profit; Farms. section provides that the name and associated with the importation of fresh Number of Respondents: 239. origin of all fruits and vegetables sand pear from Japan. The commenter Frequency of Responses: Reporting: authorized importation into the United did not provide any evidence suggesting On occasion; Annually. States, as well as the requirements for that the mitigations are not effective. Total Burden Hours: 136. their importation, are listed in APHIS’ Therefore, we are not taking the action Fruits and Vegetables Import requested by the commenter. Ruth Brown, Requirements database (FAVIR) on the Departmental Information Collection A commenter recommended that internet at https:// APHIS deregulate the importation of Clearance Officer. epermits.aphis.usda.gov/manual. It also [FR Doc. 2020–08044 Filed 4–15–20; 8:45 am] sand pear from Japan to a greater extent provides that, if the Administrator of than as currently proposed, adding that BILLING CODE 3410–05–P APHIS determines that any of the many studies on which we have based phytosanitary measures required for the our import requirements are outdated importation of a particular fruit or DEPARTMENT OF AGRICULTURE and do not account for advancements in vegetable are no longer necessary to selective breeding by the National Animal and Plant Health Inspection reasonably mitigate the plant pest risk Agriculture and Food Research Service posed by the fruit or vegetable, APHIS Organization of Japan. The commenter will publish a notice in the Federal noted that, with respect to future [Docket No. APHIS–2019–0057] Register making its pest risk analysis breeding, marker-assisted selection for and determination available for public each trait, genome-wide association Decision To Authorize the Importation comment. of Fresh Sand Pears From Japan Into studies, and genomic selection analyses In accordance with that process, we are currently in progress. The the United States 1 published a notice in the Federal commenter also noted that experimental Register on September 23, 2019 (84 FR AGENCY: Animal and Plant Health breeding is underway in Japan to Inspection Service, USDA. 49709–49710, Docket No. APHIS–2019– produce disease-resistant cultivars, 0057) announcing the availability, for ACTION: Notice. some of which are being harvested for review and comment, of a pest list and consumption. SUMMARY: We are advising the public of a commodity import evaluation We acknowledge the work underway our decision to authorize importation of document (CIED) prepared relative to in Japan to develop disease-resistant sand pears from all production areas of revising the conditions for the varieties of sand pear. However, as the Japan into the United States and to importation of fresh sand pears (Pyrus commenter noted, much of this work is revise the conditions under which they pyrifolia) from Japan into the United experimental or at the research stage may be imported. Based on the findings States. The notice proposed both to and the commenter did not indicate of a commodity import evaluation revise the conditions for the importation how widely it had been adopted within document, which we made available to of sand pears from Japan into the United the Japanese sand pear industry. As the the public for review and comment possibility still exists of pests following 1 To view the notice, pest list, CIED, economic through a previous notice, we have evaluation assessment, and the comments that we the pathway of sand pears from Japan to concluded that the application of one or received, go to http://www.regulations.gov/ the United States, APHIS will continue more designated phytosanitary #!docketDetail;D=APHIS-2019-0057. to require phytosanitary inspections and

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other mitigations as necessary to reduce we therefore determined that these pests As indicated in the CABI Invasive pest risk. Regarding the commenter’s are not likely to follow the pathway of Species Compendium,2 B. dorsalis has interest in relieving import restrictions, sand pears imported from Japan into the been eradicated from Japan. we note that the changes we are making United States. For this reason, we see no Consequently, we have no scientific to the import conditions lift restrictions reason to make changes in response to reason to conclude that the pest is likely on areas of production in Japan and the comment. to enter the export pathway of sand remove the additional declaration The same commenter also raised a pears shipped to the United States from currently required for the phytosanitary concern about the pear blister canker, a Japan under the revised conditions. certificate. These changes relieve viroid, noting that if it can be The same commenter noted that regulatory burden by facilitating market transmitted mechanically, as we Botryosphaeria kuwatsukai (Hara) has access for consumers of sand pear in the indicate in the pest list, then it could be been reported to cause ring rot of fruit United States while adequately transferred by that means to other Pyrus in China and Japan and can be observed managing plant pest risk. species. The commenter concluded that on harvested parts. Another commenter stated that the expansion of the export area in Japan As we noted above, our conclusions pests we determined to be reasonably should not be undertaken before this do not indicate that B. kuwatsukai is likely to follow the pathway should be concern is addressed. likely to enter the export pathway of detected through a phytosanitary We are making no changes in sand pears imported from Japan. While inspection upon leaving Japan or response to the comment. Mechanical the pathogen has been found on apples entering the United States, and asked if transmission refers to transmission by in China, as noted by the commenter, 100 percent of sand pears imported from the use of tools contaminated by crop we have no evidence to support the Japan would receive a phytosanitary production or grafting. For transmission contention that this disease could affect inspection upon arrival in the United to occur, a consumer would first have to sand pear fruit in the field. Moreover, States. cut an infected fruit and then cut a pear no harvested parts of Pyrus pyrifolia Among the import requirements, all tree with the same instrument, and do other than the fruit are authorized for consignments of sand pears from Japan so during a time when optimal import into the United States from must be accompanied by a environmental conditions are present. Japan. phytosanitary certificate issued by the We conclude that such a scenario is The commenter also stated that national plant protection organization highly unlikely. Monilinia polystroma is reported on (NPPO) of Japan and are subject to Another commenter stated that four Pyrus spp. in Japan and provided a inspection at the port of entry into the additional pests—Bactrocera dorsalis citation as evidence (van Leewen et al. United States. These are current (Hendel), Botryosphaeria kuwatsukai 2002). The commenter asked if APHIS requirements that have not changed. As (Hara) (syn. Guignardia pyricola), reviewed this citation as part of the pest we noted above, no quarantine pests Monilinia polystroma, and Venturia risk assessment. have been intercepted on sand pear at naschicola—are likely to enter the While APHIS has reviewed the the ports of entry into the United States export pathway of sand pears from citation noted by the commenter, we since 1985. As to the commenter’s Japan and should be named in the found no evidence that this fungus is question about whether 100 percent of operational workplan and inspection associated with the particular species of sand pears would receive an inspection, protocols so that growers and packers in pear (Pyrus pyrifolia) that is the subject we are unsure as to whether the Japan, inspectors in Japan, and APHIS of the pest list. commenter is asking if all sand pears inspection personnel can identify and The commenter disagreed with our would receive an inspection, as opposed remove them accordingly. statement that V. nashicola and M. to all shipments of sand pears. We note APHIS developed the pest list based fructigena can be found visually during that all shipments of sand pear from on the scientific literature, port-of-entry the phytosanitary certification Japan receive a phytosanitary inspection pest interception data, and information inspection when seasonal growing and that we have determined this provided by the Government of Japan. It conditions are conducive for infection. practice to be a sufficient mitigation. also follows the International Plant The commenter noted that fruit infected Protection Convention (IPPC) guidance with these fungi can appear normal, as Comments Regarding the Pest List for conducting pest risk analyses for latent infections under the calices of The pest list identified nine insects quarantine pests. Our conclusions do fruit and on stems are not easily visible and two plant pathogens associated not indicate that the four additional upon inspection and must be identified with the commodity that could pests named by the commenter are microscopically. The commenter added potentially follow the pathway of sand likely to enter the export pathway of that these latent infections can be pears imported from Japan into the sand pears imported from Japan, and prevalent depending upon climate and United States. accordingly we are not adding the pests growing season and expressed concern Two commenters expressed concerns to the pest list. However, we have that they may escape detection by about the risk potential of several pests responded to the commenter’s concerns, packers and government inspectors. not included in the list of pests that included below, for each of the four Another commenter concurred with have a reasonable likelihood of pests. respect to M. fructigena, noting that we following the pathway. The commenter stated that as the prescribed no treatment for the One commenter stated that eriophyid oriental fruit fly, Bactrocera dorsalis pathogen and that symptomatic fruit mites require microscopy for their (Hendel), is a pest of concern for would not be easily visible at the time identification and could be missed in a movement of apples in international of packing. visual inspection of fruit. trade, it should be considered in pear as While the possibility exists that latent Although we agree that such mites well. The commenter advised that infections of these fungi may escape can only be identified through mitigation measures included in the detection during inspections, we have magnification, workplan requirements 1998 operational workplan should be determined that the likelihood of for orchard fruit bagging and maintained against oriental fruit fly and establishment of the disease via fruit is postharvest washing and brushing are that it should be added to the list of effective mitigations for these pests, and quarantine pests. 2 https://www.cabi.org/isc/datasheet/17685.

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low. Should commercial shipments of pear from Japan, citing evidence of its to assess weather potential for fungi sand pear latently infected with these interception in imports to the United (including scab) in a given season and fungi escape detection, the fruit would States and Australia. The commenter to assess the fruit for fungi and scab still need to be deposited in an orchard noted that this fungal disease invades symptoms after an appropriate with conditions adequate to allow the young fruit via lenticels and shows as a incubation period has passed. The fungus to grow and sporulate. We black speck on brown fruit, making it commenter stated that APHIS could consider such a confluence of hard to detect visually. decide at that time whether to allow the conditions to be highly unlikely to While it is possible that signs of block to be part of an export program occur. Moreover, under the systems Alternaria gaisen may go undetected rather than using inspection of packed approach already in place for export of during inspections, the likelihood of the fruit. sand pears from Japan there have been disease becoming established in the Scab was not reported as of no significant pest interceptions; the United States through the movement of quarantine concern for sand pears from same measures will be in place for fruit sand pear fruit is low. As with M. Japan in the updated pests list. The from the approved new growing areas in fructigena and V. nashicola, discussed mitigation measures already in place Japan. above, shipped fruit infected with A. show efficacy in mitigating fungi Commenters also noted potential risks gaisen would have to be exposed to an (including scab) diseases throughout all regarding pests that we included in the orchard under conditions optimal for seasons of sand pear production in list of pests likely to follow the export fungal growth and sporulation, which as Japan and should continue to be equally pathway and suggested that additional we noted with the other fungi is an efficacious with respect to our proposal mitigations are warranted. unlikely situation. Moreover, under the to allow export of sand pears from A commenter expressed concern systems approach already in place for additional growing areas in Japan. For about two pseudococcidae included in export of sand pears from Japan, there this reason, we are making no changes the pest list, Crisicoccus matsumotoi have been no interceptions of this in response to the commenter. (Siraiwa) and Planococcus kraunhiae fungus, and the same fungus mitigation (Kuwana). The commenter stated that measures will be in place for the new Site Visits pseudococcidae, or mealybugs, are growing areas in Japan approved to One commenter stated that after strictly regulated in foreign agricultural export sand pear to the United States. completion of the operational workplan, trade, and that a potential risk exists of Workplan APHIS should conduct a site visit to mealybug eggs, nymphs, or adult regions in Japan to confirm the One commenter noted that the 1998 females going undetected in sheltered operational viability of the mitigation workplan measures for sand pear areas on imported fruit. The commenter measures. exports from Japan to the United States noted that because mealybugs have a We are making no changes in continue to be followed, even though an protective coating, routine response to the commenter. In export conditions document for fresh packinghouse procedures may not December 2019, APHIS reached an sand pear dated August 2007 omits remove all mealybugs from fruit and agreement with the NPPO of Japan cited a study showing that infested many of the mitigations in the workplan. The commenter regarding details of the systems apples can retain mealybugs, approach in an operational workplan. particularly eggs, on stems after washing recommended that we continue to use the workplan measures with the The NPPO of Japan is obligated to fulfill and brushing. Finally, the commenter its responsibilities under the systems added that mealybugs can survive cold addition of seasonal assessment for fungi and scab. approach as a signatory to the IPPC. We storage and transport. have determined that it is not necessary We note that, in addition to visual The operational workplan for exports for us to monitor program activities on inspection, orchard fruit bagging is an of sand pears from Japan to the United site unless we have reason to believe effective mitigation for mealybugs and is States has been revised to include the that such activities may not be a requirement in the current operational revised pest list. We have also ensured adequately mitigating pest risks. Thus, workplan for sand pear from Japan. that the necessary mitigations listed in Another commenter reviewed the list the 1998 workplan are included in the we do not plan to make periodic site of pests that we determined to have a revised workplan to address quarantine visits. This is consistent with our reasonable likelihood of following the pests and diseases of concern. The 2007 practice in other import programs. We pathway of sand pears imported from export conditions document cited by the will, however, provide program Japan to the United States. The commenter was used by exporters, oversight by conducting audits if commenter stated that three of these packinghouses, and NPPO officials of quarantine pests are intercepted or as pests—peach fruit moth, yellow peach Japan as a reference document only. otherwise warranted. By conducting moth, and Manchurian fruit moth—are Growers, inspectors, and other involved joint orchard audit inspections with the of special concern because they are parties are required to implement NPPO of Japan, APHIS reserves the right fruit-borers, allowing them to move in requirements in the operational to verify if the growing conditions of the fruit consignments and making them workplan and meet the conditions production areas have been satisfied. hard to detect. One commenter described before sand pears can be Therefore, in accordance with recommended that APHIS require fruit shipped. § 319.56–4(c)(4)(ii) of the regulations, bagging as a mitigation measure against The same commenter recommended we are announcing our decision to fruit-borers. that specific weather and seasonal revise the requirements for the As noted above, we require orchard guidelines be considered with respect to importation of fresh sand pears from fruit bagging in the operational mitigating fungi (including scab) Japan into the United States. The workplan for sand pear from Japan. infections of fruit. The commenter noted revised conditions are as follows: • Fruit bagging effectively prevents boring that such infections vary year-to-year All sand pears must be bagged on insects from boring into the fruit. and are affected by seasonal rainfall and trees to exclude pests in accordance A commenter raised a concern about humidity. Accordingly, the commenter with the operational workplan. the introduction into the United States suggested that APHIS add requirements • The sand pears must be of Alternaria gaisen via imports of sand to the operational workplan for orchards accompanied by a phytosanitary

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certificate (PC) issued by the NPPO of DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Ms. Japan.3 Cindy Eck, Biotechnology Regulatory • The sand pears are subject to Animal and Plant Health Inspection Services, APHIS, 4700 River Road Unit inspection at the port of entry into the Service 147, Riverdale, MD 20737–1236; (301) United States. [Docket No. APHIS–2019–0084] 851–3892, email: cynthia.a.eck@ • Only commercial consignments of aphis.usda.gov. Japanese sand pears may be imported Agrivida, Inc.; Availability of a Petition SUPPLEMENTARY INFORMATION: Under the into the United States. for Determination of Nonregulated authority of the plant pest provisions of • The sand pears must be imported Status for Maize Genetically the Plant Protection Act (7 U.S.C. 7701 under permit. Engineered for the Production of et seq.), the regulations in 7 CFR part Phytase Enzyme These revised conditions will be 340, ‘‘Introduction of Organisms and listed in the Fruits and Vegetables AGENCY: Animal and Plant Health Products Altered or Produced Through Import Requirements Inspection Service, USDA. Genetic Engineering Which Are Plant Pests or Which There Is Reason to database (available at https:// ACTION: Notice. Believe Are Plant Pests,’’ regulate, epermits.aphis.usda.gov/manual). In among other things, the introduction addition to these specific measures, SUMMARY: We are advising the public (importation, interstate movement, or fresh sand pears from Japan will be that the Animal and Plant Health release into the environment) of subject to the general requirements Inspection Service (APHIS) has received organisms and products altered or listed in § 319.56–3 that are applicable a petition from Agrivida, Inc. (Agrivida) produced through genetic engineering to the importation of all fruits and seeking a determination of nonregulated that are plant pests or that there is vegetables. status for maize designated as Maize Event PY203, which has been reason to believe are plant pests. Such Paperwork Reduction Act genetically engineered for the genetically engineered (GE) organisms and products are considered ‘‘regulated In accordance with the Paperwork production of phytase enzyme. The petition has been submitted in articles.’’ Reduction Act of 1995 (44 U.S.C. 3501 The regulations in § 340.6(a) provide et seq.), the reporting and recordkeeping accordance with our regulations concerning the introduction of certain that any person may submit a petition requirements included in this notice are to the Animal and Plant Health covered under the Office of genetically engineered organisms and products. We are making the Agrivida Inspection Service (APHIS) seeking a Management and Budget control determination that an article should not number 0579–0049. petition available for review and comment to help us identify potential be regulated under 7 CFR part 340. E-Government Act Compliance issues and impacts that APHIS should Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a The Animal and Plant Health be considering in our evaluation of the petition. determination of nonregulated status Inspection Service is committed to must take and the information that must DATES: We will consider all comments compliance with the E-Government Act be included in the petition. to promote the use of the internet and that we receive on or before June 15, APHIS has received a petition (APHIS other information technologies, to 2020. Petition Number 19–176–01p) from provide increased opportunities for ADDRESSES: You may submit comments Agrivida, Inc. (Agrivida) seeking a citizen access to Government by either of the following methods: determination of nonregulated status for information and services, and for other • Federal eRulemaking Portal: Go to maize designated as Maize Event PY203, purposes. For information pertinent to http://www.regulations.gov/ which has been genetically engineered E-Government Act compliance related #!docketDetail;D=APHIS-2019-0084. for the production of phytase enzyme. to this notice, please contact Mr. Joseph • Postal Mail/Commercial Delivery: The Agrivida petition states that this Moxey, APHIS’ Information Collection Send your comment to Docket No. maize is unlikely to pose a plant pest Coordinator, at (301) 851–2483. APHIS–2019–0084, Regulatory Analysis risk and, therefore, should not be a Congressional Review Act and Development, PPD, APHIS, Station regulated article under APHIS’ 3A–03.8, 4700 River Road Unit 118, regulations in 7 CFR part 340. Pursuant to the Congressional Review Riverdale, MD 20737–1238. As described in the petition, Maize Act (5 U.S.C. 801 et seq.), the Office of The petition and any comments we Event PY203 was grown at six locations Information and Regulatory Affairs receive on this docket may be viewed at across the Midwestern United States designated this action as not a major http://www.regulations.gov/ including sites in Ohio, Indiana, Iowa, rule, as defined by 5 U.S.C. 804(2). #!docketDetail;D=APHIS-2019-0084 or and Nebraska and at two locations in Authority: 7 U.S.C. 1633, 7701–7772, and in our reading room, which is located in Argentina. Agronomic characteristics of 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR room 1141 of the USDA South Building, Maize Event PY203 and near isogenic 2.22, 2.80, and 371.3. 14th Street and Independence Avenue non-transgenic control plants grown at Done in Washington, DC, this 1st day of SW, Washington, DC. Normal reading these locations were assessed April 2020. room hours are 8 a.m. to 4:30 p.m., throughout the life cycle of the plants. Michael Watson, Monday through Friday, except These and other data are used by APHIS Acting Administrator, Animal and Plant holidays. To be sure someone is there to to determine if the new variety poses a Health Inspection Service. help you, please call (202) 7997039 plant pest risk. before coming. The agronomic performance and [FR Doc. 2020–08030 Filed 4–15–20; 8:45 am] The petition is also available on the phenotypic data generated demonstrate BILLING CODE 3410–34–P APHIS website at: https:// that the genetic modifications www.aphis.usda.gov/aphis/ourfocus/ introduced into Maize Event PY203 did 3 We note that sand pears from Japan may continue to be imported into Hawaii under permit, biotechnology/permits-notifications- not have any unintended effects on seed and subject to inspection in Hawaii, without any petitions/petitions/petition-status under germination, agronomic characteristics, further phytosanitary requirements. APHIS petition 19–176–01p. or yield. These data support the

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conclusion that Maize Event PY203 is environmental assessment (EA) or an to type short comments directly into the unlikely to develop into feral persistent environmental impact statement (EIS)— comment field on the web page or to populations or to be more weedy or in accordance with the National attach a file for lengthier comments. Go invasive in the environment compared Environmental Policy Act (NEPA), to to http://www.regulations.gov. Follow to conventional maize varieties. provide the Agency with a review and the on-line instructions at that site for Paragraph (d) of § 340.6 provides that analysis of any potential environmental submitting comments. APHIS will publish a notice in the impacts associated with the petition • Mail, including CD–ROMs, etc.: Federal Register providing 60 days for request. For petitions for which APHIS Send to Docket Clerk, U.S. Department public comment for petitions for a prepares an EA, APHIS will follow our of Agriculture, Food Safety and determination of nonregulated status. published process for soliciting public Inspection Service, 1400 Independence On March 6, 2012, we published in the comment (see footnote 1) and publish a Avenue SW, Mailstop 3758, Room 6065, Federal Register (77 FR 13258–13260, separate notice in the Federal Register Washington, DC 20250–3700. Docket No. APHIS–2011–0129) a announcing the availability of APHIS’ • Hand- or courier-delivered notice 1 describing our process for EA and plant pest risk assessment. submittals: Deliver to 1400 soliciting public comment when Should APHIS determine that an EIS Independence Avenue SW, Room 6065, considering petitions for determinations is necessary, APHIS will complete the Washington, DC 20250–3700. of nonregulated status for GE organisms. NEPA EIS process in accordance with Instructions: All items submitted by In that notice we indicated that APHIS Council on Environmental Quality mail or electronic mail must include the would accept written comments regulations (40 CFR part 1500–1508) Agency name and docket number FSIS– regarding a petition once APHIS and APHIS’ NEPA implementing 2020–0014. Comments received in deemed it complete. regulations (7 CFR part 372). response to this docket will be made In accordance with § 340.6(d) of the (Authority: 7 U.S.C. 7701–7772 and 7781– available for public inspection and regulations and our process for 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and posted without change, including any soliciting public input when 371.3) personal information, to http:// considering petitions for determinations Done in Washington, DC, this 8th day of www.regulations.gov. of nonregulated status for GE organisms, April 2020. Docket: For access to background we are publishing this notice to inform Michael Watson, documents or comments received, call the public that APHIS will accept Acting Administrator, Animal and Plant (202) 720–5627 to schedule a time to written comments regarding the petition Health Inspection Service. visit the FSIS Docket Room at 1400 for a determination of nonregulated [FR Doc. 2020–08065 Filed 4–15–20; 8:45 am] Independence Avenue SW, Room 6065, status from interested or affected BILLING CODE 3410–34–P Washington, DC 20250–3700. persons for a period of 60 days from the FOR FURTHER INFORMATION CONTACT: Gina date of this notice. The petition is Kouba, Office of Policy and Program available for public review and DEPARTMENT OF AGRICULTURE Development, Food Safety and comment, and copies are available as Inspection Service, USDA, 1400 indicated under ADDRESSES and FOR Food Safety and Inspection Service Independence Avenue SW, Room 6065, FURTHER INFORMATION CONTACT above. [Docket No. FSIS–2020–0014] South Building, Washington, DC 20250– We are interested in receiving 3700; (202) 720–5627. comments regarding potential Notice of Request for Renewal of an SUPPLEMENTARY INFORMATION: environmental and interrelated Approved Information Collection Title: Modernization of Poultry economic issues and impacts that (Modernization of Poultry Slaughter Slaughter Inspection. APHIS may determine should be Inspection) OMB Number: 0583–0156. considered in our evaluation of the Expiration Date of Approval: 9/30/ petition. We are particularly interested AGENCY: Food Safety and Inspection 2020. in receiving comments regarding Service, USDA. Type of Request: Renewal of an biological, cultural, or ecological issues, ACTION: Notice and request for approved information collection. and we encourage the submission of comments. Abstract: FSIS has been delegated the scientific data, studies, or research to SUMMARY: In accordance with the authority to exercise the functions of the support your comments. Paperwork Reduction Act of 1995 and After the comment period closes, Secretary as specified in the Poultry the Office of Management and Budget APHIS will review all written comments Products Inspection Act (PPIA) (21 (OMB) regulations, the Food Safety and received during the comment period U.S.C. 451, et seq.). This statute Inspection Service (FSIS) is announcing and any other relevant information. Any provides that FSIS is to protect the its intention to request renewal of the substantive issues identified by APHIS public by verifying that poultry approved information collection based on our review of the petition and products are safe, wholesome, not regarding poultry slaughter inspection. our evaluation and analysis of adulterated, and properly labeled and There are no changes to the existing comments will be considered in the packaged. information collection. The approval for development of our decision-making FSIS is requesting renewal of the this information collection will expire approved information collection documents. As part of our decision- on September 30, 2020. making process regarding a GE regarding poultry slaughter inspection. DATES: organism’s regulatory status, APHIS Submit comments on or before The approval for this information June 15, 2020. prepares a plant pest risk assessment to collection will expire on September 30, assess its plant pest risk and the ADDRESSES: FSIS invites interested 2020. There are no changes to the appropriate environmental persons to submit comments on this existing information collection. documentation—either an Federal Register notice. Comments may FSIS requires that all official poultry be submitted by one of the following slaughter establishments, other than

1 methods: establishments that slaughter ratites, To view the notice, go to http:// • www.regulations.gov/#!docketDetail;D=APHIS- Federal eRulemaking Portal: This maintain as part of their HACCP plan, 2011-0129. website provides commenters the ability sanitation SOP, or other prerequisite

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program, written procedures addressing: collection techniques, or other forms of docs/2012/Complain_combined_6_8_ (1) The prevention throughout the entire information technology. Comments may 12.pdf, or write a letter signed by you slaughter and dressing operation of be sent to both FSIS, at the addresses or your authorized representative. contamination of carcasses and parts by provided above, and the Desk Officer for Send your completed complaint form enteric pathogens (e.g., Salmonella and Agriculture, Office of Information and or letter to USDA by mail, fax, or email: Campylobacter) and by fecal material, Regulatory Affairs, Office of Mail: U.S. Department of Agriculture, including microbial test results; and (2) Management and Budget (OMB), Director, Office of Adjudication, 1400 the prevention of carcasses and parts Washington, DC 20253. Independence Avenue SW, Washington, contaminated by visible fecal material Responses to this notice will be DC 20250–9410. from entering the chiller. summarized and included in the request Fax: (202) 690–7442. Each establishment operating under for OMB approval. All comments will Email: [email protected]. the New Poultry Inspection System also become a matter of public record. Persons with disabilities who require alternative means for communication (NPIS) is required to collect and Additional Public Notification maintain additional information (Braille, large print, audiotape, etc.), concerning poultry slaughter. As part of Public awareness of all segments of should contact USDA’s TARGET Center the HACCP system, establishments rulemaking and policy development is at (202) 720–2600 (voice and TDD). important. Consequently, FSIS will operating under NPIS maintain written Paul Kiecker, announce this Federal Register procedures to prevent carcasses afflicted Administrator. with septicemia and toxemia from publication on-line through the FSIS [FR Doc. 2020–08018 Filed 4–15–20; 8:45 am] entering the chiller, as well as records web page located at: http:// that document that the products www.fsis.usda.gov/federal-register. BILLING CODE 3410–DM–P resulting from slaughter operations meet FSIS will also announce and provide a link to this Federal Register the definition of ready-to-cook poultry. DEPARTMENT OF AGRICULTURE Additionally, each establishment publication through the FSIS Constituent Update, which is used to operating under the NPIS also needs to Food and Nutrition Service submit on an annual basis an attestation provide information regarding FSIS to the management member of the local policies, procedures, regulations, Request for Information: WIC National FSIS circuit safety committee stating Federal Register notices, FSIS public Universal Product Code Database Next that it maintains a program to monitor meetings, and other types of information Steps and document any work-related that could affect or would be of interest conditions of establishment workers. to our constituents and stakeholders. AGENCY: Food and Nutrition Service FSIS has made the following The Constituent Update is available on (FNS), USDA. estimates based upon an information the FSIS web page. Through the web ACTION: Notice; Reopening of Comment collection assessment: page, FSIS can provide information to a Period. Estimate of Burden: FSIS estimates much broader, more diverse audience. SUMMARY: that it will take respondents an average In addition, FSIS offers an email The U.S. Department of of .125 hours to record results and subscription service which provides Agriculture (USDA), Food and Nutrition maintain necessary documentation. automatic and customized access to Service (FNS), Special Supplemental Respondents: Official poultry selected food safety news and Nutrition Program for Women, Infants establishments. information. This service is available at: and Children (WIC Program or WIC) is Estimated No. of Respondents: 289. http://www.fsis.usda.gov/subscribe. issuing this Request for Information to Estimated No. of Annual Responses Options range from recalls to export obtain input from WIC State agencies, per Respondent: 5,291.3. information, regulations, directives, and authorized vendors, food manufacturers, Estimated Total Annual Burden on notices. Customers can add or delete technology partners, and other Respondents: 19,204 hours. subscriptions themselves and have the interested stakeholders regarding the Copies of this information collection option to password protect their direction of the National Universal assessment can be obtained from Gina accounts. Product Code (NUPC) database. The Kouba, Office of Policy and Program NUPC database can be used by WIC Development, Food Safety and USDA Non-Discrimination Statement State agencies delivering benefits via Inspection Service, USDA, 1400 No agency, officer, or employee of the Electronic Benefit Transfer (EBT) to Independence Avenue SW, Room 6065, USDA shall, on the grounds of race, develop, update and maintain their South Building, Washington, DC 20250– color, national origin, religion, sex, Authorized Product Lists (APLs). FNS is 3700; (202) 720–5627. gender identity, sexual orientation, specifically interested in obtaining Comments are invited on: (a) Whether disability, age, marital status, family/ stakeholder perspectives on the role of the proposed collection of information parental status, income derived from a the NUPC database to the program is necessary for the proper performance public assistance program, or political community, and different options for of FSIS’s functions, including whether beliefs, exclude from participation in, operating, maintaining, and/or the information will have practical deny the benefits of, or subject to enhancing the database. FNS welcomes utility; (b) the accuracy of FSIS’s discrimination any person in the United comments from all interested estimate of the burden of the proposed States under any program or activity stakeholders. collection of information, including the conducted by the USDA. As a background, on January 30, 2020, validity of the method and assumptions FNS issued the initial Request for used; (c) ways to enhance the quality, How To File a Complaint of Information, beginning a 60-day public utility, and clarity of the information to Discrimination comment period. Public involvement be collected; and (d) ways to minimize To file a complaint of discrimination, opportunities including public the burden of the collection of complete the USDA Program meetings, are now being modified based information, including through the use Discrimination Complaint Form, which on considerations for employee and of appropriate automated, electronic, may be accessed online at http:// public health and safety. We recognize mechanical, or other technological www.ocio.usda.gov/sites/default/files/ that there is a need to reopen the

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comment period to accommodate State agencies in implementing EBT. optional free form comments field is meaningful public involvement. FNS is HHFKA provides $1 million each fiscal available to State agencies. For fresh reopening the comment period to year, to remain available until fruits and vegetables, a State agency provide additional time for interested expended, for NUPC database may submit PLUs or UPCs. Appendix A parties to review this Request for development, hosting, hardware and lists current NUPC database elements. Information. software configuration, and database WIC State agencies may optionally support. Program regulations at 7 CFR DATES: The comment period for the choose to submit pricing data into the 246.12(cc) require WIC State agencies Request for Information that was NUPC database, but this data is for with EBT to use the NUPC database. published on January 30, 2020 (82 FR individual State agency use only. Most The NUPC database is intended to be 5368) ended March 30, 2020. To be State agencies do not enter pricing data, used by WIC State agencies with EBT as assured of consideration, comments due to the significant effort required to a tool to help create and manage their must be received on or before May 18, enter and maintain it given pricing APLs. Only State agencies have access 2020. fluctuations, coupled with the limited to the NUPC database. The database benefit of use. Most prices are sensitive ADDRESSES: Comments are accepted provides a source of information about to local market conditions. through the Federal eRulemaking Portal. WIC-authorized foods which other State A WIC State agency can use the NUPC Go to http://www.regulations.gov, and agencies may use in creating their APLs. database to obtain product information follow the online instructions for Each WIC State agency is responsible helpful in developing or modifying its submitting comments electronically. for developing a list of food items APL. The NUPC database reduces the Comments may also be submitted via available for WIC participants for need to separately gather this same email to [email protected]. purchase consistent with Program information from manufacturers, food Please enter ‘‘NUPC Database Public requirements defined in 7 CFR 246.10. retailers, food distributors or industry Comment’’ in the subject line to the WIC State agencies determine the types, food databases. email. brands, and physical forms of WIC- NUPC does not: (1) represent a FOR FURTHER INFORMATION CONTACT: eligible foods. State agencies may also complete/combined listing of all State- Dana Rasmussen, Senior Technical consider State-specific nutrition criteria specific APLs, but rather contains Advisor, Supplemental Food Programs (e.g., only low sodium canned individual APL-related data submitted Division, at (703) 305–1628. vegetables), packaging methods (e.g., by WIC EBT States (and supplemented pouch, can, jar) and packaging sizes SUPPLEMENTARY INFORMATION: The WIC with other nutrition-related (e.g., single container, multi-pack case). information); (2) set forth a Federal or Program, authorized under the Child For WIC State agencies using EBT, the national WIC APL; or (3) include up-to- Nutrition Act of 1966, as amended (P.L. State agency-approved foods are set date pricing information. 89–642), provides low-income pregnant, forth on an electronic APL, which lists breastfeeding, and postpartum women, the WIC food item, food category, size, The original intent of the NUPC infants, and children up to age five with Universal Product Code (UPC), and database was to support statewide nutritious supplemental foods, nutrition other technical details. The APL is implementation of EBT. As more WIC education, including breastfeeding unique to each State agency. There is no State agencies achieve statewide EBT, promotion and support, and referrals to Federal or national APL. FNS seeks input regarding the use of the health and social services. The program WIC State agencies update their APLs NUPC database by the program is administered by USDA FNS. FNS on a regular basis. Consistent with 7 community and different options for provides grant funds which are used by CFR 246.12 and per WIC EBT operating operating, maintaining, and/or WIC State agencies to operate the WIC rules, WIC-authorized vendors are enhancing the database. FNS poses the Program and distribute benefits through required to retrieve a State agency’s APL questions below to prompt stakeholder local WIC clinics. The program operates and apply it to their cash register responses. throughout the 50 States, the District of systems at least every 48 hours, but USDA FNS is seeking information Columbia, Guam, Puerto Rico, American most do so on a nightly basis. from stakeholders on the following Samoa, the Commonwealth of the WIC State agencies send a copy of questions: Northern Mariana Islands, the U.S. their individual APLs to the NUPC 1. For WIC State agency input only, is Virgin Islands, and through 33 Indian database. After passing a screening and the current NUPC database useful in its Tribal Organizations. once additional nutritional product current form in creating and managing The Healthy, Hunger-Free Kids Act of information is gathered, the individual APLs and implementing EBT? Please 2010 (HHFKA, P.L. 111–296) requires products on the State agency’s APL are explain. all WIC State agencies to implement added to the NUPC database. A State 2. Within HHFKA statutory EBT systems by October 1, 2020, or seek agency’s raw APL file is not available requirements, should USDA FNS re- an exemption. To implement EBT, some for download via the NUPC database. envision its approach to the NUPC State agencies must update their The NUPC database currently database to the benefit of program management information systems to includes but is not limited to the stakeholders? Please explain. issue benefits via EBT and must ensure following information by food item from 3. Given currently available NUPC the necessary EBT infrastructure is in WIC EBT State agencies, as applicable: database information, what are the place for clinics and vendors. To date, UPC or Price Lookup Code (PLU), the advantages and disadvantages of over half of all WIC State agencies have latter for fresh fruits and vegetables; providing NUPC database access to, or implemented EBT statewide, with the product category (e.g., Bread/Whole sharing WIC State agency NUPC-related remaining State agencies engaged in the Grains) and subcategory (e.g., 100% information with, other entities such as EBT planning and implementation Whole Wheat); nutrition information food manufacturers and/or WIC processes pursuant to the statutory and ingredients; package images authorized vendors? mandate. including product labels; the 4. Although current statute requires Section 352(e) of the HHFKA directed manufacturer name; manufacturer data USDA to operate an NUPC database for the Secretary of Agriculture to establish sheets when needed; and the State use by WIC EBT States, do WIC State an NUPC database for use by all WIC agency authorizing the product. An agencies prefer to create and manage

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their APLs without the use of the DEPARTMENT OF AGRICULTURE Arapaho and Roosevelt National Federal NUPC database? Please explain. Forests and Pawnee National Grassland Forest Service FNS appreciates your thoughtful and Forest Supervisor decisions: Coloradoan responsive replies to all questions. Your Newspapers Used for Publication of Canyon Lakes District Ranger decisions: feedback is essential to help FNS ensure Legal Notices by the Rocky Mountain Coloradoan administration of the WIC Program is Region, Which Includes Colorado, Pawnee District Ranger decisions: effective and efficient as possible. Kansas, Nebraska, and Parts of South Greeley Tribune Together, we can strive to improve Dakota and Wyoming Boulder District Ranger decisions: Daily operations and outcomes to best serve Camera participants, stakeholders, and AGENCY: Forest Service, USDA. Clear Creek District Ranger decisions: American taxpayers. ACTION: Notice. Clear Creek Courant Sulphur District Ranger decisions: Pamilyn Miller, SUMMARY: This notice lists the Middle Park Times Administrator, Food and Nutrition Service. newspapers that will be used by the Ranger Districts, Forests, and Regional Bighorn National Forest Appendix A: Office of the Rocky Mountain Region to Forest Supervisor and District Ranger Current NUPC Database Elements publish legal notices. The intended decisions: Casper Star-Tribune effect of this action is to inform 1. National UPC Database Core Fields interested members of the public which Black Hills National Forest The Core Fields contain information that is newspapers the Forest Service will use Forest Supervisor and District Ranger set on the National level and cannot be to publish notices of proposed actions decisions: The Rapid City Journal edited at the WIC State Agency level. Only and notices of decision. This will FNS staff or the FNS contractor may edit provide the public with constructive Grand Mesa, Uncompahgre, and these fields. notice of Forest Service proposals and Gunnison National Forests National Core Fields decisions, provide information on the Forest Supervisor decisions: Grand UPC/PLU Number procedures to comment, object or Junction Daily Sentinel Manufacturer Code appeal, and establish the date that the Grand Valley District Ranger decisions: Manufacturer Name Forest Service will use to determine if Grand Junction Daily Sentinel [Food] Category comments or appeals/objections were Paonia District Ranger decisions: Delta [Food] Subcategory timely. County Independent Gunnison District Ranger decisions: Default Filtered DATES: Publication of legal notices in Comments the listed newspapers will begin on the Gunnison Country Times Norwood District Ranger decisions: 2. WIC State Agency Fields, including date of this publication and continue Telluride Daily Planet Editable Fields until further notice. Ouray District Ranger decisions: These fields are generally specific to each FOR FURTHER INFORMATION CONTACT: Montrose Daily Press WIC State Agency and can only be edited by Lucy Maldonado, Regional that State agency. Some of these fields Administrative Review Coordinator Medicine Bow-Routt National Forests (Product Size through Benefit Unit (Acting), Rocky Mountain Region, 1617 and Thunder Basin National Grassland Description Type) may be adopted from a Cole Blvd., Bldg. 17, Lakewood, CO national entry or an entry by another State Forest Supervisor decisions: Laramie 80401; or by phone at (303) 275–5188 or Daily Boomerang agency and then edited to reflect current email at [email protected]. State-specific authorized foods. These fields Laramie District Ranger decisions: generally do not have any national SUPPLEMENTARY INFORMATION: The Laramie Daily Boomerang attributes—they are specific to each State administrative procedures at 36 CFR Douglas District Ranger decisions: agency. The only State agency field that 214, 218, and 219 require the Forest Casper Star-Tribune cannot be edited by the WIC State agency is Service to publish notices in a Brush Creek—Hayden District Ranger the Product Unit of Measure (UOM). Most newspaper of general circulation. The decisions: Rawlins Daily-Times fields, e.g., price, are optional. content of the notices is specified in 36 District Ranger decisions for Hahns CFR 214, 218, and 219. In general, the WIC State Agency Fields Peak-Bears Ears and Yampa: notices will identify: The decision or Steamboat Pilot Product Size project, by title or subject matter; the Parks District Ranger decisions: Jackson Product UOM * name and title of the official making the County Star Product Name decision; how to obtain additional Benefit Unit Description Type Nebraska National Forest, Nebraska information; and where and how to file Short Product Name and South Dakota Benefit Unit Description comments or appeals/objections. The Container Size date the notice is published will be used Forest Supervisor decisions: The Rapid Container Type to establish the official date for the City Journal Price beginning of the comment or appeal/ Bessey District/Charles E. Bessey Tree Price Type objection period. The newspapers to be Nursery District Ranger decisions: Broadband Flag used are as follows: The North Platte Telegraph Agency Effective Date Pine Ridge District Ranger decisions: Agency End Date Regional Forester, Rocky Mountain The Rapid City Journal Package Size Region District Ranger decisions for Samuel R. Rebate Flag Regional Forester decisions affecting McKelvie National Forest: The North Manual Voucher Indicator National Forests in Colorado, Kansas, Platte Telegraph Filter for State Agency Search Nebraska and those portions of South District Ranger decisions for Fall River * Cannot be edited by State agency Dakota and Wyoming within the and Wall Districts, Buffalo Gap [FR Doc. 2020–08041 Filed 4–15–20; 8:45 am] Rocky Mountain Region: The Denver National Grassland: The Rapid City BILLING CODE 3410–30–P Post Journal

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District Ranger decisions for Fort Pierre Rifle District Ranger decisions: Citizen comprise 99% of the Chugach National National Grassland: The Capital Telegram Forest. Glaciers cover 30% of the Journal Chugach National Forest and 20% is Allen Rowley, forested. From its largely intact Pike and San Isabel National Forests Associate Deputy Chief, National Forest ecosystems, the Chugach National and Cimarron and Comanche National System. Forest plays a key role in supporting Grasslands [FR Doc. 2020–07963 Filed 4–15–20; 8:45 am] local economies with abundant Forest Supervisor decisions: Pueblo BILLING CODE 3411–15–P populations of Pacific salmon and Chieftain wildlife, forest products, fuelwood, diverse recreation opportunities, San Carlos District Ranger decisions: DEPARTMENT OF AGRICULTURE Pueblo Chieftain mining, subsistence, and clean air and Comanche District—Carrizo Unit Forest Service water. Between its contributions to District Ranger decisions: Plainsman commercial salmon harvests, recreation Herald Revision of the Land Management Plan opportunities, fishing, hunting, and Comanche District—Timpas Unit for the Chugach National Forest special use authorizations, the Forest District Ranger decisions: Tribune generates over 4,000 jobs, worth AGENCY: Forest Service, USDA. Democrat approximately $36 million to local Cimarron District Ranger decisions: Tri- ACTION: Notice of approval of the economies annually. Since 2012, the Chugach National State News Revised Land Management Plan for Chugach National Forest. Forest has worked with Alaska Native South Platte District Ranger decisions: Tribes, Alaska Native Corporations, the Douglas County News Press SUMMARY: Jeff E. Schramm, the Forest State of Alaska, local communities, and Leadville District Ranger decisions: Supervisor for the Chugach National the public to develop a plan that Herald Democrat Forest, Alaska Region, has signed the supports local economies, reduces Salida District Ranger decisions: The Record of Decision (ROD) for the community wildfire risk, supports Mountain Mail Revised Land Management Plan (Land adaptive management, and prioritizes South Park District Ranger decisions: Management Plan) for the Chugach ecosystem health and resilience to Fairplay Flume National Forest. The ROD documents stressors such as drought and climate Pikes Peak District Ranger decisions: the rationale for approving the Land variability. The Land Management Plan The Gazette Management Plan and is consistent with fosters collaborative relationships, the Objection Review Official’s response facilitates special use permitting, Rio Grande National Forest to objections and instructions. assures access, emphasizes hazardous Forest Supervisor and District Ranger DATES: The Revised Land Management fuels management, maintains properly decisions: Valley Courier Plan for the Chugach National Forest functioning watersheds, supports subsistence and traditional uses, San Juan National Forest will become applicable May 18, 2020 (36 CFR 219.17(a)(1)). To view the final identifies 1.4 million acres to Forest Supervisor decisions: Durango ROD, final environmental impact recommend for inclusion in the Herald statement (FEIS), the Revised Land National Wilderness Preservation Columbine District Ranger decisions: Management Plan, and other related System within the WSA, carries forward Durango Herald documents, please visit the Chugach the 2002 National Wild and Scenic Pagosa District Ranger decisions: Pagosa National Forest Revision project website Rivers System recommendation, and Sun at: https://www.fs.usda.gov/project/ provides for the viability and Dolores District Ranger decisions: ?project=40816. A legal notice of persistence of two species of Cortez Journal approval is also being published in conservation concern within the planning area. Shoshone National Forest Chugach National Forest’s newspaper of record, the Anchorage Daily News. A The Chugach National Forest released Forest Supervisor decisions: Cody copy of this legal notice will be posted its FEIS, 2019 Land Management Plan, Enterprise on the website listed above. and draft ROD on August 30, 2019. The 60-day objection period ended on Clarks Fork District Ranger decisions: FOR FURTHER INFORMATION CONTACT: Powell Tribune October 29, 2019. The Forest Service David Fitz-Enz, Forest Planner, Chugach received 43 eligible objections. The Wapiti and Greybull Districts Ranger National Forest at 907–743–9595 or Objection Review Official issued his decisions: Cody Enterprise [email protected]. Individuals written responses to the objection issues Wind River District Ranger decisions: who use telecommunication devices for on January 27, 2020. The Regional The Dubois Frontier the deaf (TDD) may call the Federal Forester (Objection Review Official) Washakie District Ranger decisions: Information Relay Service (FIRS) at 1– provided the Forest Supervisor with Lander Journal 800–877–8339 between 8:00 a.m. and instruction to add rationale in errata to 8:00 p.m., Eastern Time, Monday White River National Forest the FEIS or final ROD, define and through Friday. Written requests for describe actions more clearly in the Forest Supervisor decisions: The information may be sent to the Chugach Land Management Plan and ROD, and Glenwood Springs Post Independent National Forest, ATTN. David Fitz-Enz, remove and modify some plan Aspen-Sopris District Ranger decisions: Chugach National Forest Supervisor’s components in the Land Management Aspen Times Office, 161 E 1st Ave., Door 8, Plan. Blanco District Ranger decisions: Rio Anchorage, AK 99501. As instructed by the Objection Review Blanco Herald Times SUPPLEMENTARY INFORMATION: The Forest Official, the Forest modified the FEIS Dillon District Ranger decisions: encompasses 5.4 million acres in (through errata in the ROD), the Land Summit Daily Southcentral Alaska and includes a 1.9- Management Plan, the ROD, and the Eagle-Holy Cross District Ranger million-acre Wilderness Study Area planning record. All modifications are decisions: Vail Daily (WSA). Inventoried roadless areas completed and are responsive to issues

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the public identified, particularly issues Avenue SW, Washington, DC 20250– consumers or to retail outlets that in identified by the State of Alaska, Alaska 2024. turn sold directly to consumers. NASS Native Tribes, and Alaska Native • Hand Delivery/Courier: Hand intends to use mandatory reporting Corporations. Modifications include deliver to: David Hancock, NASS authority (Title 7 U.S. Code § 2204g) for deleting, editing, and adding plan Clearance Officer, U.S. Department of the 2020 Local Food Marketing Practices components and clarifying language in Agriculture, Room 5336 South Building, Survey. the FEIS, Land Management Plan, and 1400 Independence Avenue SW, Authority: The data will be collected ROD. Washington, DC 20250–2024. under the authority of 7 U.S.C. 2204(a). The final ROD to approve the Revised FOR FURTHER INFORMATION CONTACT: Individually identifiable data collected Land Management Plan for Chugach Kevin L. Barnes, Associate under this authority are governed by National Forest has now been signed by Administrator, National Agricultural Section 1770 of the Food Security Act the Responsible Official and is available Statistics Service, U.S. Department of of 1985 as amended, 7 U.S.C. 2276, at the website listed above. Agriculture, (202) 720–2707. Copies of which requires USDA to afford strict confidentiality to non-aggregated data Responsible Official this information collection and related instructions can be obtained without provided by respondents. This Notice is The responsible official for the charge from David Hancock, NASS— submitted in accordance with the revision of the Land Management Plan OMB Clearance Officer, at (202) 690– Paperwork Reduction Act of 1995, for the Chugach National Forest is Jeff 2388 or at [email protected]. Public Law 104–13 (44 U.S.C. 3501, et E. Schramm, the Forest Supervisor, SUPPLEMENTARY INFORMATION: seq.), and Office of Management and Chugach National Forest, 161 E 1st Title: Local Foods Survey. Budget regulations at 5 CFR part 1320. Ave., Door 8, Anchorage, AK 99501. OMB Control Number: 0535–0259. NASS also complies with OMB Allen Rowley, Type of Request: Intent to seek Implementation Guidance, ‘‘Implementation Guidance for Title V Associate Deputy Chief, National Forest approval to reinstate an information System. collection for a period of three years. of the E-Government Act, Confidential Information Protection and Statistical [FR Doc. 2020–07965 Filed 4–15–20; 8:45 am] Abstract: Interest continues to grow in support of local agricultural economies Efficiency Act of 2002 (CIPSEA),’’ BILLING CODE 3411–15–P through the purchase of foods from Federal Register, Vol. 72, No. 115, June sources that are geographically close to 15, 2007, p. 33362. DEPARTMENT OF AGRICULTURE the consuming areas, via channels that Estimate of Burden: Public reporting are direct from farm to consumer or at burden for this collection of information National Agricultural Statistics Service most one step removed. Significant is estimated to average 30 minutes per policy support for local food systems response. NASS plans to mail out Notice of Intent To Request To began with the institution of the USDA publicity materials with the Reinstate an Information Collection Know Your Farmer, Know Your Food questionnaires to inform producers of Initiative (KYF2) in September 2009. the importance of this survey. NASS AGENCY: National Agricultural Statistics The KYF2 Initiative was designed to will also use multiple mailings, Service, USDA. eliminate organizational barriers to followed up with phone and limited ACTION: Notice and request for improve coordination and availability of personal enumeration to increase comments. resources for the promotion of local response rates and to minimize data food systems. This initiative is in collection costs. SUMMARY: In accordance with the response to the consumer and producer Respondents: Farmers and Ranchers. Paperwork Reduction Act of 1995, this interests. Many community and farm Estimated Number of Respondents: notice announces the intention of the advocacy groups are requesting changes 31,000. National Agricultural Statistics Service in the next major agricultural program Estimated Total Annual Burden on (NASS) to seek approval to reinstate an legislation (the Farm Bill) that will Respondents: 17,500 hours. information collection to gather data directly target local foods producers, Comments: Comments are invited on: related to the production and marketing consumers, and markets. The Local (a) Whether the proposed collection of of foods directly from farm producers to Food Marketing Practices Survey was information is necessary for the proper consumers or retailers. In addition initially conducted in 2015. This performance of the functions of the NASS will collect some whole-farm data reinstatement will allow NASS to agency, including whether the to be used to classify and group collect data to measure changes and information will have practical utility; operations for summarizing and growth within the local food industry (b) the accuracy of the agency’s estimate publication of results. on a national basis. The results of the of the burden of the proposed collection DATES: Comments on this notice must be initial survey can be found at the of information, including the validity of received by June 15, 2020 to be assured following link https:// the methodology and assumptions used; of consideration. www.nass.usda.gov/Publications/ (c) ways to enhance the quality, utility, ADDRESSES: You may submit comments, AgCensus/2012/Online_Resources/ and clarity of the information to be identified by docket number 0535–0259, Local_Food/index.php. collected; and (d) ways to minimize the by any of the following methods: In preparation for this next round of burden of the collection of information • Email: [email protected]. data collection, NASS included a on those who are to respond, through Include docket number above in the question in the 2017 Census of the use of appropriate automated, subject line of the message. Agriculture to capture data needed to electronic, mechanical, technological, or • E-fax: (855) 838–6382. identify farm operators who sold other forms of information technology • Mail: Mail any paper, disk, or CD– products through direct marketing collection methods. ROM submissions to: David Hancock, channels. As a follow-on survey to the All responses to this notice will NASS Clearance Officer, U.S. 2017 Census of Agriculture, the target become a matter of public record and be Department of Agriculture, Room 5336 population will focus on respondents summarized in the request for OMB South Building, 1400 Independence who reported product sales directly to approval.

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Signed at Washington, DC, April 8, 2020. SUPPLEMENTARY INFORMATION: ACTION: Notice and opportunity for Kevin L. Barnes, Correction public comment. Associate Administrator. In the Federal Register of Tuesday, [FR Doc. 2020–08003 Filed 4–15–20; 8:45 am] SUMMARY: The Economic Development March 17, 2020, in FR Doc. 2020–05510, BILLING CODE 3410–20–P Administration (EDA) has received on page 15111–15112, third column of petitions for certification of eligibility to 15111 and first column of 15112, correct apply for Trade Adjustment Assistance the time to read: 11:30 a.m. Central COMMISSION ON CIVIL RIGHTS Time from the firms listed below. Accordingly, EDA has initiated Dated: April 13, 2020. Notice of Public Meeting of the investigations to determine whether Mississippi Advisory Committee; David Mussatt, increased imports into the United States Correction Supervisory Chief, Regional Programs Unit. of articles like or directly competitive [FR Doc. 2020–08060 Filed 4–15–20; 8:45 am] with those produced by each of the AGENCY: Commission on Civil Rights. BILLING CODE P firms contributed importantly to the ACTION: Notice; revision to meeting time. total or partial separation of the firms’ workers, or threat thereof, and to a SUMMARY: The Commission on Civil DEPARTMENT OF COMMERCE decrease in sales or production of each Rights published a notice in the Federal petitioning firm. Register of Tuesday March 17, 2020, Economic Development Administration concerning a meeting of the Mississippi SUPPLEMENTARY INFORMATION: Advisory Committee. The document Notice of Petitions by Firms for contained a meeting time that is now Determination of Eligibility To Apply changed. for Trade Adjustment Assistance FOR FURTHER INFORMATION CONTACT: AGENCY: Economic Development Corrine Sanders, (202) 780–1042, Administration, U.S. Department of [email protected]. Commerce.

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE [3/25/2020 through 4/7/2020]

Date Firm name Firm address accepted for Product(s) investigation

DJ Fabricators, Inc ...... 94 Turnpike Road, Ipswich, MA 01938 ...... 3/26/2020 The firm manufactures sheet metal compo- nents from aluminum and steel. Rogan Corporation ...... 3455 Woodhead Drive, Northbrook, IL 60062 3/27/2020 The firm manufactures plastic knobs, levers, and pull handles. Victor Insulators, Inc ...... 280 Maple Avenue, Victor, NY 14564 ...... 4/2/2020 The firm manufactures high-voltage electrical insulators, primarily of porcelain and rub- ber.

Any party having a substantial these petitions are submitted is 11.313, Waters Technologies Corporation, in interest in these proceedings may Trade Adjustment Assistance for Firms. Milford, Massachusetts. The application was processed in request a public hearing on the matter. Irette Patterson, A written request for a hearing must be accordance with the FTZ Act and Program Analyst. submitted to the Trade Adjustment Regulations, including notice in the [FR Doc. 2020–07979 Filed 4–15–20; 8:45 am] Assistance Division, Room 71030, Federal Register inviting public Economic Development Administration, BILLING CODE 3510–WH–P comment (85 FR 11048–11049, February U.S. Department of Commerce, 26, 2020). The FTZ staff examiner reviewed the application and Washington, DC 20230, no later than ten DEPARTMENT OF COMMERCE (10) calendar days following publication determined that it meets the criteria for approval. Pursuant to the authority of this notice. These petitions are Foreign-Trade Zones Board delegated to the FTZ Board Executive received pursuant to section 251 of the [S–32–2020] Secretary (15 CFR Sec. 400.36(f)), the Trade Act of 1974, as amended. application to establish Subzone 27P Please follow the requirements set Approval of Subzone Status; Waters was approved on April 13, 2020, subject forth in EDA’s regulations at 13 CFR Technologies Corporation; Milford, to the FTZ Act and the Board’s 315.9 for procedures to request a public Massachusetts regulations, including Section 400.13, hearing. The Catalog of Federal and further subject to FTZ 27’s 129-acre Domestic Assistance official number On February 18, 2020, the Executive activation limit. and title for the program under which Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application Dated: April 13, 2020. submitted by the Massachusetts Port Andrew McGilvray, Authority, grantee of FTZ 27, requesting Executive Secretary. subzone status subject to the existing [FR Doc. 2020–08012 Filed 4–15–20; 8:45 am] activation limit of FTZ 27, on behalf of BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE https://attendee.gotowebinar.com/ DEPARTMENT OF COMMERCE register/26431566132608012. Foreign-Trade Zones Board National Oceanic and Atmospheric ADDRESSES: Council address: New Administration [B–76–2019] England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, [RTID 0648–XA100] Foreign-Trade Zone (FTZ) 27—Boston, Massachusetts; Authorization of MA 01950. South Atlantic Fishery Management Production Activity; Waters FOR FURTHER INFORMATION CONTACT: Council; Public Hearings Technologies Corporation Thomas A. Nies, Executive Director, AGENCY: National Marine Fisheries (Chromatography Tubing Assemblies), New England Fishery Management Milford, Massachusetts Service (NMFS), National Oceanic and Council; telephone: (978) 465–0492. Atmospheric Administration (NOAA), On December 13, 2019, Waters SUPPLEMENTARY INFORMATION: Commerce. Technologies Corporation submitted a ACTION: Notice of public hearings. notification of proposed production Agenda SUMMARY: The South Atlantic Fishery activity to the FTZ Board for its facility The Ecosystem-Based Fishery within FTZ 27, in Milford, Management Council (Council) will Management (EBFM) Committee will Massachusetts. hold public hearings via webinar receive from GreenFinStudio and The notification was processed in pertaining to Regulatory Amendment 34 provide feedback on draft public accordance with the regulations of the to the Snapper Grouper Fishery FTZ Board (15 CFR part 400), including outreach communication products for Management Plan for the South Atlantic notice in the Federal Register inviting the Georges Bank example Fishery Region. The amendment would public comment (84 FR 70932, Ecosystem Plan (eFEP). From the EBFM designate artificial reefs in the federal December 26, 2019). On April 13, 2020, Plan Development Team, the committee waters off the coasts of North Carolina the applicant was notified of the FTZ will also receive an update on tangible and South Carolina as Special Board’s decision that no further review worked example development. Other Management Zones (SMZs) and of the activity is warranted at this time. business will be discussed as necessary implement fishing gear restrictions The production activity described in the Although non-emergency issues not within the SMZs. notification was authorized, subject to contained on the agenda may come DATES: The public hearings will be held the FTZ Act and the FTZ Board’s before this Council for discussion, those via webinar on May 4 and 5, 2020. regulations, including Section 400.14. issues may not be the subject of formal ADDRESSES: Council address: South Dated: April 13, 2020. action during this meeting. Council Atlantic Fishery Management Council, Andrew McGilvray, action will be restricted to those issues 4055 Faber Place Drive, Suite 201, N Executive Secretary. specifically listed in this notice and any Charleston, SC 29405. [FR Doc. 2020–08013 Filed 4–15–20; 8:45 am] issues arising after publication of this FOR FURTHER INFORMATION CONTACT: Kim BILLING CODE 3510–DS–P notice that require emergency action Iverson, Public Information Officer, under section 305(c) of the Magnuson- SAFMC; phone: (843) 571–4366 or toll Stevens Act, provided the public has free (866) SAFMC–10; fax: (843) 769– DEPARTMENT OF COMMERCE been notified of the Council’s intent to 4520; email: [email protected]. take final action to address the SUPPLEMENTARY INFORMATION: The National Oceanic and Atmospheric emergency. The public also should be public hearings will be conducted via Administration aware that the meeting will be recorded. webinar beginning at 6 p.m. Registration [RTID 0648–XA124] Consistent with 16 U.S.C. 1852, a copy for the webinars is required. of the recording is available upon Registration information will be posted New England Fishery Management request. on the Council’s website at https:// Council; Public Meeting safmc.net/safmc-meetings/public- Special Accommodations hearings-scoping-meetings/ as it AGENCY: National Marine Fisheries becomes available. Service (NMFS), National Oceanic and This meeting is physically accessible Atmospheric Administration (NOAA), to people with disabilities. Requests for Regulatory Amendment 34 to the Commerce. sign language interpretation or other Snapper Grouper Fishery Management ACTION: Notice of public meeting via auxiliary aids should be directed to Plan webinar. Thomas A. Nies, Executive Director, at The draft regulatory amendment (978) 465–0492, at least 5 days prior to contains proposed actions to: Designate SUMMARY: The New England Fishery the meeting date. 30 artificial reefs in federal waters off Management Council (Council) is Authority: 16 U.S.C. 1801 et seq. North Carolina as Special Management scheduling a joint public meeting of its Zones. Within the SMZs, harvest of Ecosystem-Based Fishery Management Dated: April 13, 2020. snapper grouper species would be (EBFM) Committee via webinar to Tracey L. Thompson, allowed with handline, rod and reel, consider actions affecting New England Acting Deputy Director, Office of Sustainable and spear. All harvest by spear would fisheries in the exclusive economic zone Fisheries, National Marine Fisheries Service. be limited to the applicable recreational (EEZ). Recommendations from this [FR Doc. 2020–08050 Filed 4–15–20; 8:45 am] bag limit. group will be brought to the full Council BILLING CODE 3510–22–P Designate four additional artificial for formal consideration and action, if reefs in federal waters off South appropriate. Carolina as SMZs. Within the SMZs, DATES: This webinar will be held on harvest of snapper grouper species Monday, May 4, 2020 at 9.30 a.m. would only be allowed with handline, Webinar registration URL information: rod and reel, and spear (without

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powerheads) and all harvest would be incidentally take marine mammals request, the incidental, but not limited to the applicable recreational during the specified activities. NMFS is intentional, taking of small numbers of bag limit. also requesting comments on a possible marine mammals by U.S. citizens who During the public hearings, Council one-year renewal that could be issued engage in a specified activity (other than staff will present an overview of the under certain circumstances and if all commercial fishing) within a specified draft amendment and will be available requirements are met, as described in geographical region if certain findings for informal discussions and to answer Request for Public Comments at the end are made and either regulations are questions via webinar. A public of this notice. NMFS will consider issued or, if the taking is limited to comment form will also be available public comments prior to making any harassment, a notice of a proposed online. The comment form, a copy of final decision on the issuance of the incidental take authorization may be the Regulatory Amendment 34 Public requested MMPA authorizations and provided to the public for review. Hearing Document, and additional agency responses will be summarized in Authorization for incidental takings information will be posted on the the final notice of our decision. shall be granted if NMFS finds that the Council’s website as it becomes DATES: Comments and information must taking will have a negligible impact on available at: https://safmc.net/safmc- be received no later than May 18, 2020. the species or stock(s) and will not have an unmitigable adverse impact on the meetings/public-hearings-scoping- ADDRESSES: Comments should be availability of the species or stock(s) for meetings/. addressed to Jolie Harrison, Chief, taking for subsistence uses (where Permits and Conservation Division, Special Accommodations relevant). Further, NMFS must prescribe Office of Protected Resources, National the permissible methods of taking and These hearings are physically Marine Fisheries Service. Physical other ‘‘means of effecting the least accessible to people with disabilities. comments should be sent to 1315 East- practicable adverse impact’’ on the Requests for auxiliary aids should be West Highway, Silver Spring, MD 20910 affected species or stocks and their directed to the Council office (see and electronic comments should be sent ADDRESSES) 3 days prior to the public habitat, paying particular attention to to [email protected]. rookeries, mating grounds, and areas of hearings. Instructions: NMFS is not responsible similar significance, and on the Note: The times and sequence for comments sent by any other method, availability of the species or stocks for specified in this agenda are subject to to any other address or individual, or taking for certain subsistence uses change. received after the end of the comment (referred to in shorthand as period. Comments received Authority: 16 U.S.C. 1801 et seq. ‘‘mitigation’’); and requirements electronically, including all Dated: April 13, 2020. pertaining to the mitigation, monitoring attachments, must not exceed a 25- Tracey L. Thompson, and reporting of the takings are set forth. megabyte file size. Attachments to The definitions of all applicable MMPA Acting Deputy Director, Office of Sustainable electronic comments will be accepted in Fisheries, National Marine Fisheries Service. statutory terms cited above are included Microsoft Word or Excel or Adobe PDF in the relevant sections below. [FR Doc. 2020–08047 Filed 4–15–20; 8:45 am] file formats only. All comments BILLING CODE 3510–22–P received are a part of the public record National Environmental Policy Act and will generally be posted online at To comply with the National DEPARTMENT OF COMMERCE https://www.fisheries.noaa.gov/permit/ Environmental Policy Act of 1969 incidental-take-authorizations-under- (NEPA; 42 U.S.C. 4321 et seq.) and National Oceanic and Atmospheric marine-mammal-protection-act without NOAA Administrative Order (NAO) Administration change. All personal identifying 216–6A, NMFS must review our information (e.g., name, address) proposed action (i.e., the issuance of an [RTID 0648–XR106] voluntarily submitted by the commenter incidental harassment authorization) may be publicly accessible. Do not Takes of Marine Mammals Incidental to with respect to potential impacts on the submit confidential business Specified Activities; Taking Marine human environment. information or otherwise sensitive or Mammals Incidental to the Floating Dry This action is consistent with protected information. Dock Project at Naval Base San Diego categories of activities identified in in San Diego, California FOR FURTHER INFORMATION CONTACT: Categorical Exclusion B4 (incidental Wendy Piniak, Office of Protected harassment authorizations with no AGENCY: National Marine Fisheries Resources, NMFS, (301) 427–8401. anticipated serious injury or mortality) Service (NMFS), National Oceanic and Electronic copies of the application and of the Companion Manual for NOAA Atmospheric Administration (NOAA), supporting documents, as well as a list Administrative Order 216–6A, which do Commerce. of the references cited in this document, not individually or cumulatively have ACTION: Notice; proposed incidental may be obtained online at: https:// the potential for significant impacts on harassment authorization; request for www.fisheries.noaa.gov/permit/ the quality of the human environment comments on proposed authorization incidental-take-authorizations-under- and for which we have not identified and possible renewal. marine-mammal-protection-act. In case any extraordinary circumstances that of problems accessing these documents, would preclude this categorical SUMMARY: NMFS has received a request please call the contact listed above. exclusion. Accordingly, NMFS has from the U.S. Navy (Navy) for SUPPLEMENTARY INFORMATION: preliminarily determined that the authorization to take marine mammals issuance of the proposed IHA qualifies incidental to the Floating Dry Dock Background to be categorically excluded from Project at Naval Base San Diego in San The MMPA prohibits the ‘‘take’’ of further NEPA review. Diego, California. Pursuant to the marine mammals, with certain We will review all comments Marine Mammal Protection Act exceptions. Sections 101(a)(5)(A) and submitted in response to this notice (MMPA), NMFS is requesting comments (D) of the MMPA (16 U.S.C. 1361 et prior to concluding our NEPA process on its proposal to issue an incidental seq.) direct the Secretary of Commerce or making a final decision on the IHA harassment authorization (IHA) to (as delegated to NMFS) to allow, upon request.

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Summary of Request proposed floating dry dock location. In- Mean Lower Low Water (MLLW) near On November 26, 2019, NMFS water construction will include the tip of Ballast Point to less than 1.2 received a request from the Navy for an installation of a maximum of 56 24-inch m (4 ft) at the southern end (Merkel and IHA to take marine mammals incidental concrete piles using impact pile driving Associates, Inc., 2009). Approximately to the Floating Dry Dock Project at and high-pressure water jetting and a half of the Bay is less than 4.5 meters Naval Base San Diego in San Diego, maximum of 10 24-inch steel pipe piles (m) (15 feet (ft)) deep and much of it is California. We received a revised using impact and vibratory pile driving. less than 15 m (50 ft) deep (Merkel and application on February 10, 2020. The Sounds produced by these activities Associates, Inc., 2009). The northern application was deemed adequate and may result in take, by Level B and central portions of the Bay have harassment, of marine mammals located complete on March 17, 2020. The been shaped by historical dredging and in San Diego Bay, California. In-water Navy’s request is for take of a small filling to support large ship navigation number of California sea lions by Level pile-driving activities are anticipated to occur for 50 days during the period from and shoreline development. The United B harassment only. Neither the Navy States Army Corps of Engineers dredges nor NMFS expects serious injury or September 15, 2020 to September 14, 2021. the main navigation channel in the Bay mortality to result from this activity to maintain a depth of 14 m (47 ft) and, therefore, an IHA is appropriate. Dates and Duration MLLW and is responsible for providing Description of Proposed Activity In-water activities (pile installation) safe transit for private, commercial, and associated with the project are military vessels within the bay (NOAA Overview anticipated to begin September 15, 2012). Outside of the navigation Navy has requested authorization for 2020, and be completed by September channel, the bay floor consists of take of marine mammals incidental to 14, 2021. Pile driving activities would platforms at depths that vary slightly in-water activities associated with the occur for 50 days during the proposed (Merkel and Associates, Inc., 2009). Floating Dry Dock Project at Naval Base project dates. In-water activities will Within the Central Bay, typical depths San Diego in San Diego, California. The occur during daylight hours only. range from 10.7–11.6 m (35–38 ft) Navy proposes to construct a floating dry dock and associated pier-side access Specific Geographic Region MLLW to support large ship turning and in the south-central portion of San The activities would occur in the anchorage, and small vessel marinas are Diego Bay. The floating dry dock is south-central portion of San Diego Bay typically dredged to depths of 4.6 m (15 needed to ensure the Base’s capability to (Figure 1). San Diego Bay is a narrow, ft) MLLW (Merkel and Associates, Inc., conduct berth-side repair and crescent-shaped natural embayment 2009). The area around the proposed maintenance of vessels. Implementation oriented northwest-southeast with an project site is approximately 0.01 km2 of the proposed project requires approximate length of 24 kilometers (2.72 acres) with bathymetry ranging installation of two mooring dolphins, (km) (15 miles (mi)) and a total area of from 2.5–4 m (8–13 ft) MLLW (Triton including vertical and angled structural roughly 4 km2 (11,000 acres; Port of San Engineers 2019). Proposed dredging in piles, as well as fender piles, Diego, 2007). The width of the Bay the project area in preparation for the installation of a concrete ramp wharf ranges from 0.3 to 5.8 km (0.2 to 3.6 mi), floating dry dock would increase this and vehicle bridge, and dredging at the and depths range from 23 m (74 ft) depth at the project site to 12 m (39 ft).

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Benthic substrate in San Diego Bay is year (approximately 225 vessel transits Detailed Description of Specific Activity largely sand (Naval Facilities per day), a majority of which are The Navy proposes to construct a Engineering Command, Southwest and presumed to occur during daylight Port of San Diego Bay, 2013) as tidal floating dry dock and associated pier- hours. This number of transits does not side access in the south-central portion currents tend to keep the finer silt and include recreational boaters that use San clay fractions in suspension, except in of San Diego Bay. The floating dry dock Diego Bay, estimated to number 200,000 is needed in order to address current harbors and elsewhere in the lee of annually (San Diego Harbor Safety structures where water movement is and projected shortfall of dry dock Committee 2009). Background (ambient) space required for maintenance of the diminished. Much of the shoreline noise in the south-central San Diego Bay consists of riprap and manmade Pacific Fleet, and ensure the Naval Base was an average of 126 decibels (dB) structures. The project site is a shallow San Diego’s capability to conduct berth- (L50) in 2019 (Dahl and Dall’Osto 2019). subtidal area and contains an eelgrass side repair and maintenance of vessels. bed less 1-acre in size (Triton Engineers, This is similar to ambient noise levels The proposed activities will allow for 2019; Merkel and Associates, Inc., measured in the northern San Diego Bay the emplacement and operation of a 2018). Over-water structures such as the which ranged from 126 to 137 dB (L50) floating dry dock and associated pier- existing MGBW piles and dock in 2014, 2015, and 2016 (Naval side access at MGBW Commercial Out structures provide substrates for the Facilities Engineering Command, Lease (COL) in the southern edge of growth of algae and invertebrates off the Southwest, 2018). Sound levels in the Naval Base San Diego. The proposed bottom and support abundant fish south-central San Diego Bay are likely project site is located immediately populations. Eelgrass present within the lower due to the reduced ship traffic adjacent to the MGBW National City project site is important habitat for relative to the north San Diego Bay. Boatyard, a full-service facility that invertebrates, fish, and birds (Naval Noise from non-impulsive sources specializes in refits, repairs, and new Facilities Engineering Command, associated with the proposed activities construction. Southwest and Port of San Diego Bay, is, therefore assumed to become Implementation of the proposed 2013). indistinguishable from background project requires in-water activities that San Diego Bay is heavily used by noise as it diminishes to 126 dB re: 1 will produce sounds that may result in commercial, recreational, and military micropascal (mPa) with distance from take of marine mammals located in the vessels, with an average of 82,413 vessel the source (Dahl and Dall’Osto, 2019). San Diego Bay including dredging, movements (in or out of the Bay) per installation of two mooring dolphins,

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including vertical and angled structural COL floating dry dock. The ramp wharf website (https://www.fisheries.noaa. piles, as well as fender piles, and would also support the starboard gov/find-species). installation of a concrete ramp wharf pedestrian bridge, which would provide Table 1 lists all species or stocks for and vehicle bridge. Two mooring access to the starboard wing deck. The which take is expected and proposed to dolphins would be located forward and concrete ramp wharf and vehicle bridge be authorized for this action, and aft of the proposed dry dock. The would cover approximately 0.12 acres summarizes information related to the mooring dolphins would each be (5,360 ft2) and would be supported by population or stock, including supported by up to 16 vertical 24-inch 24 24-inch octagonal concrete piles regulatory status under the MMPA and octagonal concrete piles (32 total) installed using vibratory pile driving ESA and potential biological removal installed using impact pile driving and and high-pressure water jetting. These (PBR), where known. For taxonomy, we high-pressure water jetting. The aft access structures, which would be follow Committee on Taxonomy (2019). mooring dolphin would also require similar to those currently provided at PBR is defined by the MMPA as the approximately 2 24-inch angled steel the south berth of the Mole Pier and maximum number of animals, not pipe piles. Up to 8 additional 24-inch other Navy piers in the vicinity, would including natural mortalities, that may steel pipe piles are anticipated to be allow for construction vehicles and be removed from a marine mammal required for the forward and aft mooring heavy equipment to be used during stock while allowing that stock to reach dolphins. Cast-in-place reinforced maintenance of Navy vessels. or maintain its optimum sustainable concrete caps, 9.1 by 9.1 m (30 by 30 ft), Proposed pile driving activities are population (as described in NMFS’s would be installed at each mooring planned to occur from September 15, SARs). While no mortality is anticipated dolphin location. Grippers would be 2020 through September 14, 2021. The or authorized here, PBR and annual secured to the dolphins’ concrete pile total number of pile driving days would serious injury and mortality from caps and used to hold the floating dry not exceed 50 days during this time anthropogenic sources are included here dock in position. Construction materials period. as gross indicators of the status of the would be delivered by truck and the species and other threats. piles would be installed using a floating Proposed mitigation, monitoring, and Marine mammal abundance estimates crane and an impact or vibratory pile reporting measures are described in presented in this document represent driver aided by jetting methods. Fender detail later in this document (please see the total number of individuals that piles associated with the aft mooring Proposed Mitigation and Proposed make up a given stock or the total dolphin would consist of 2 steel pipe Monitoring and Reporting). number estimated within a particular piles, 24-inches in diameter or less. All Description of Marine Mammals in the study or survey area. NMFS’ stock steel pipe piles would initially be Area of Specified Activities abundance estimates for most species installed using vibratory pile driving, represent the total estimate of followed by the use of an impact pile Sections 3 and 4 of the application individuals within the geographic area, driver. summarize available information if known, that comprises that stock. For Two pedestrian bridges and a vehicle regarding status and trends, distribution some species, this geographic area may bridge would be constructed to provide and habitat preferences, and behavior extend beyond U.S. waters. All managed landside access and servicing to the and life history, of the potentially stocks in this region are assessed in proposed floating dry dock. The port- affected species. Additional information NMFS’ U.S. Pacific Stock Assessment side pedestrian bridge, which would regarding population trends and threats Reports (e.g., Carretta et al., 2019). All provide access to the port wing deck, may be found in NMFS’s Stock values presented in Table 1 are the most would be 35 m (115 ft) long and Assessment Reports (SARs; https:// recent available at the time of supported by a landside concrete www.fisheries.noaa.gov/national/ publication and are available in the abutment. The proposed ramp wharf marine-mammal-protection/marine- 2018 Final SARs (Carretta et al., 2019) would be approximately 17 by 24 m (80 mammal-stock-assessments) and more (available online at: https:// by 55 ft) long and would support an 18- general information about these species www.fisheries.noaa.gov/national/ m (60-ft) long vehicle bridge that would (e.g., physical and behavioral marine-mammal-protection/marine- provide vehicle access to the MGBW descriptions) may be found on NMFS’s mammal-stock-assessments).

TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT WITHIN CENTRAL SAN DIEGO, CALIFORNIA, DURING THE SPECIFIED ACTIVITY

ESA/ MMPA Stock abundance (CV, Nmin, most Annual Common name Scientific name Stock status; PBR 3 strategic recent abundance M/SI survey) 2 (Y/N) 1

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): California sea lion Zalophus californianus U.S...... -, -, N ...... 257,606 (N/A, 14,011 >321 233,515, 2014) 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mam- mal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. California sea lion population size was estimated from a 1975–2014 time series of pup counts (Lowry et al. 2017), combined with mark-recapture estimates of survival rates (DeLong et al. 2017, Laake et al. 2018).

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3 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. NOTE—Italicized species are not expected to be taken or proposed for authorization.

As indicated above, one species (with out on marina docks, jetties, and buoys. disease processes detected. The primary one managed stock) in Table 1 Pupping and breeding occur from May cause of the UME was malnutrition of temporally and spatially co-occurs with through July outside of the proposed sea lion pups and yearlings due to the activity to the degree that take is project timeframe. Rookery sites in ecological factors. These factors reasonably likely to occur, and we have Southern California include San Miguel included shifts in distribution, proposed authorizing it. The most Island and to the more southerly abundance and/or quality of sea lion frequently observed marine mammal Channel Islands of San Nicolas, Santa prey items around the Channel Island species in San Diego Bay are the Barbara, and San Clemente (Lowry et al. rookeries during critical sea lion life California sea lion (Zalophus 2017). California sea lions commonly history events (nursing by adult females, californianus), which often rests on forage on a variety of prey including fish and transitioning from milk to prey by buoys and other structures and occurs and squid, and exhibit annual migratory young sea lions). Threats to the U.S. throughout the North to North-Central movements between breeding and stock include interactions with Bay; coastal bottlenose dolphin foraging habitats. From August to fisheries, entanglement in marine (Tursiops truncatus), which is regularly December, adult and sub-adult males debris, entrainment in power plant seen in the North Bay; Pacific harbor migrate north along the U.S. west coast intakes, oil exposure, vessel strikes, dog seal (Phoca vitulina), which frequently to foraging areas along the coasts of attacks, and human interactions/ enters the North Bay; and common California, Oregon, Washington, British harassment (shootings, direct removals) dolphins (Delphinus spp.), which are Columbia, Canada, and southeast (Carretta et al., 2019). rare visitors in the North Bay. Gray Alaska. In the spring, males migrate In San Diego Bay, in general, whales (Eschrichtius robustus) are southward to breeding rookeries in the California sea lions regularly occur on occasionally sighted near the mouth of Channel Islands and Mexico. Females rocks, buoys and other structures, and San Diego Bay during their winter and pups/juveniles commonly stay near especially on bait barges, although migration (Naval Facilities Engineering breeding areas (Lowry et al. 2017), but numbers vary greatly. California sea lion Command, Southwest and Port of San some females may migrate as far north occurrence in the project area is Diego Bay, 2013). Based on many years as San Francisco Bay in winter, and expected to be rare based on sighting of of observations and numerous Navy- during El Nin˜ o events, have been only two individuals in the water off of funded surveys in San Diego Bay observed as far north as central Oregon. Navy Base San Diego during one 2010 (Merkel and Associates, Inc., 2008; The California sea lion molts gradually survey (Sorensen and Swope, 2010). Sorensen and Swope, 2010; Graham and over several months during late summer The Sorenson and Swope (2010) survey Saunders, 2014; Tierra Data Inc., 2016), and fall. is the only known survey to provide marine mammal observation data below marine mammals rarely occur south of As with most sea lions, a complete the San Diego Coronado Bridge (in mid the Coronado Bay Bridge, are not known population count of all harbor seals in San Diego Bay). The single survey was to occur near Naval Base San Diego with California is not possible as all members on February 16, 2010. During this any regularity, and any occurrence in of the population are not ashore survey one single sea lion was observed the project area would be very rare. simultaneously. Population estimates off Pier 3 and one single sea lion was Therefore, while coastal bottlenose for the U.S. stock have increased since observed ∼600m from the proposed dolphins, Pacific harbor seals, common the 1970s and are derived from 3 project site. dolphins, and gray whales have been primary data sources: 1) annual pup reported in San Diego Bay, they are not counts (Lowry et al. 2017); 2) annual Habitat anticipated to occur in the project area survivorship estimates from mark- No ESA-designated critical habitat or and no take of these species is recapture data (DeLong et al. 2017); and Biologically Important Areas overlap anticipated. The only species that is 3) estimates of human-caused serious with the project area. anticipated to occur south of the injuries, mortalities, and bycatch Coronado Bridge with any regularity is (Carretta and Enriquez 2012a, 2012b, Marine Mammal Hearing the California sea lion, based on the Carretta et al. 2016, Carretta et al. 2018a, Hearing is the most important sensory sighting of two individuals during 2010 2018b). Using a logistic growth model modality for marine mammals surveys (Sorensen and Swope, 2010). and reconstructed population size underwater, and exposure to Therefore, only impacts to the California estimates from 1975–2014, Laake et al. anthropogenic sound can have sea lion are evaluated in this IHA. (2018) estimated a net productivity rate deleterious effects. To appropriately Pinnipeds of 7 percent per year. The population is assess the potential effects of exposure considered within the range of its to sound, it is necessary to understand California Sea Lion optimum sustainable population (OSP) the frequency ranges marine mammals California sea lions inhabit the eastern size (Laake et al. 2018). are able to hear. Current data indicate North Pacific Ocean from Islas Marias From January 2013 through that not all marine mammal species north of Puerto Vallarta, Mexico, north September 2016, a greater than expected have equal hearing capabilities (e.g., throughout the Gulf of California, and number of young malnourished Richardson et al., 1995; Wartzok and along the Baja California Peninsula California sea lions stranded along the Ketten, 1999; Au and Hastings, 2008). north to the Gulf of Alaska. The U.S. coast of California and NMFS declared To reflect this, Southall et al. (2007) stock ranges from the U.S./Mexico this an Unusual Mortality Event. Sea recommended that marine mammals be border to Canada. They occupy shallow lions stranding from an early age (6–8 divided into functional hearing groups ocean waters and prefer sandy beaches months old) through two years of age based on directly measured or estimated or rocky coves for breeding and haul-out (hereafter referred to as juveniles) were hearing ranges on the basis of available sites, however they also commonly haul consistently underweight without other behavioral response data, audiograms

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derived using auditory evoked potential described generalized hearing ranges for frequency cetaceans where the lower techniques, anatomical modeling, and these marine mammal hearing groups. bound was deemed to be biologically other data. Note that no direct Generalized hearing ranges were chosen implausible and the lower bound from measurements of hearing ability have based on the approximately 65 dB Southall et al. (2007) retained. Marine been successfully completed for threshold from the normalized mammal hearing groups and their mysticetes (i.e., low-frequency composite audiograms, with the associated hearing ranges are provided cetaceans). Subsequently, NMFS (2018) exception for lower limits for low- in Table 2.

TABLE 2—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]

Generalized hearing Hearing group range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger & L. 275 Hz to 160 kHz. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).

The pinniped functional hearing the all-encompassing sound in a given pile driving, and high pressure water group was modified from Southall et al. place and is usually a composite of jetting. The sounds produced by these (2007) on the basis of data indicating sound from many sources both near and activities fall into one of two general that phocid species have consistently far (ANSI, 1995). The sound level of an sound types: Impulsive and non- demonstrated an extended frequency area is defined by the total acoustical impulsive. Impulsive sounds (e.g., range of hearing compared to otariids, energy being generated by known and explosions, gunshots, sonic booms, especially in the higher frequency range unknown sources. These sources may impact pile driving) are typically (Hemila¨ et al., 2006; Kastelein et al., include physical (e.g., waves, wind, transient, brief (less than 1 second), 2009; Reichmuth and Holt, 2013). precipitation, earthquakes, ice, broadband, and consist of high peak For more detail concerning these atmospheric sound), biological (e.g., sound pressure with rapid rise time and groups and associated frequency ranges, sounds produced by marine mammals, rapid decay (ANSI, 1986; NIOSH, 1998; please see NMFS (2018) for a review of fish, and invertebrates), and ANSI, 2005; NMFS, 2018). Non- available information. One marine anthropogenic sound (e.g., vessels, impulsive sounds (e.g. aircraft, vessels, mammal species (otariid pinniped dredging, aircraft, construction). machinery operations such as drilling or species) has the reasonable potential to The sum of the various natural and dredging, vibratory pile driving, and co-occur with the proposed activities. anthropogenic sound sources at any active sonar systems) can be broadband, Please refer to Table 1. given location and time—which narrowband or tonal, brief or prolonged comprise ‘‘ambient’’ or ‘‘background’’ (continuous or intermittent), and Potential Effects of Specified Activities sound—depends not only on the source on Marine Mammals and Their Habitat typically do not have the high peak levels (as determined by current sound pressure with raid rise/decay This section includes a summary and weather conditions and levels of time that impulsive sounds do (ANSI, discussion of the ways that components biological and shipping activity) but 1995; NIOSH, 1998; NMFS, 2018). The of the specified activity may impact also on the ability of sound to propagate distinction between these two sound marine mammals and their habitat. The through the environment. In turn, sound types is important because they have Estimated Take by Incidental propagation is dependent on the differing potential to cause physical Harassment section later in this spatially and temporally varying effects, particularly with regard to document includes a quantitative properties of the water column and sea hearing (e.g., Ward, 1997 in Southall et analysis of the number of individuals floor, and is frequency-dependent. As a al., 2007). that are expected to be taken by this result of the dependence on a large activity. The Negligible Impact Analysis number of varying factors, ambient Two types of pile hammers would be and Determination section considers the sound levels can be expected to vary used on this project: Impact and content of this section, the Estimated widely over both coarse and fine spatial vibratory. Impact hammers operate by Take by Incidental Harassment section, and temporal scales. Sound levels at a repeatedly dropping a heavy piston onto and the Proposed Mitigation section, to given frequency and location can vary a pile to drive the pile into the substrate. draw conclusions regarding the likely by 10–20 dB from day to day Sound generated by impact hammers is impacts of these activities on the (Richardson et al., 1995). The result is characterized by rapid rise times and reproductive success or survivorship of that, depending on the source type and high peak levels, a potentially injurious individuals and how those impacts on its intensity, sound from the specified combination (Hastings and Popper individuals are likely to impact marine activity may be a negligible addition to 2005). Vibratory hammers install piles mammal species or stocks. the local environment or could form a by vibrating them and allowing the distinctive signal that may affect marine weight of the hammer to push the pile Description of Sound Sources mammals. into the sediment. Vibratory hammers The marine soundscape is comprised In-water construction activities produce significantly less sound than of both ambient and anthropogenic associated with the project would impact hammers. Peak sound pressure sounds. Ambient sound is defined as include impact pile driving, vibratory level (SPL) may be 180 dB or greater,

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but are generally 10 to 20 dB lower than animal’s hearing range. First is the area al., 1958, 1959; Ward, 1960; Kryter et SPLs generated during impact pile within which the acoustic signal would al., 1966; Miller, 1974; Ahroon et al., driving of the same-sized pile (Oestman be audible (potentially perceived) to the 1996; Henderson et al., 2008). PTS et al., 2009). Rise time is slower, animal, but not strong enough to elicit levels for marine mammals are reducing the probability and severity of any overt behavioral or physiological estimates, as with the exception of a injury, and sound energy is distributed response. The next zone corresponds single study unintentionally inducing over a greater amount of time (Nedwell with the area where the signal is audible PTS in a harbor seal (Kastak et al. 2008), and Edwards, 2002; Carlson et al., to the animal and of sufficient intensity there are no empirical data measuring 2005). to elicit behavioral or physiological PTS in marine mammals largely due to The likely or possible impacts of responsiveness. Third is a zone within the fact that, for various ethical reasons, Navy’s proposed activity on marine which, for signals of high intensity, the experiments involving anthropogenic mammals could involve both non- received level is sufficient to potentially noise exposure at levels inducing PTS acoustic and acoustic stressors. cause discomfort or tissue damage to are not typically pursued or authorized Potential non-acoustic stressors could auditory or other systems. Overlaying (NMFS 2018). result from the physical presence of the these zones to a certain extent is the Temporary Threshold Shift (TTS)—A equipment and personnel; however, any area within which masking (i.e., when a temporary, reversible increase in the impacts to marine mammals are sound interferes with or masks the threshold of audibility at a specified expected to primarily be acoustic in ability of an animal to detect a signal of frequency or portion of an individual’s nature. Acoustic stressors include interest that is above the absolute hearing range above a previously effects of heavy equipment operation hearing threshold) may occur; the established reference level (NMFS, during pile installation. masking zone may be highly variable in 2018). Based on data from cetacean TTS measurements (see Southall et al., Acoustic Impacts size. We describe the more severe effects 2007), a TTS of 6 dB is considered the The introduction of anthropogenic (i.e., permanent hearing impairment, minimum threshold shift clearly larger noise into the aquatic environment from certain non-auditory physical or than any day-to-day or session-to- pile driving is the primary means by physiological effects) only briefly as we session variation in a subject’s normal which marine mammals may be do not expect that there is a reasonable hearing ability (Schlundt et al. 2000; harassed from Navy’s specified activity. likelihood that Navy’s activities would Finneran et al. 2000, 2002). As In general, animals exposed to natural result in such effects (see below for described in Finneran (2016), marine or anthropogenic sound may experience further discussion). NMFS defines a mammal studies have shown the physical and psychological effects, noise-induced threshold shift (TS) as a amount of TTS increases with ranging in magnitude from none to change, usually an increase, in the cumulative sound exposure level severe (Southall et al., 2007). Exposure threshold of audibility at a specified (SELcum) in an accelerating fashion: At to in-water construction noise has the frequency or portion of an individual’s low exposures with lower SELcum, the potential to result in auditory threshold hearing range above a previously amount of TTS is typically small and shifts and behavioral reactions (e.g., established reference level (NMFS, the growth curves have shallow slopes. avoidance, temporary cessation of 2018). The amount of threshold shift is At exposures with higher higher foraging and vocalizing, changes in dive customarily expressed in dB. A TS can SELcum, the growth curves become behavior) and/or lead to non-observable be permanent or temporary. As steeper and approach linear physiological responses such an described in NMFS (2018), there are relationships with the noise SEL. increase in stress hormones (Richardson numerous factors to consider when Depending on the degree (elevation of et al., 1995; Gordon et al., 2004; examining the consequence of TS, threshold in dB), duration (i.e., recovery Nowacek et al., 2007; Southall et al., including, but not limited to, the signal time), and frequency range of TTS, and 2007; Gotz et al., 2009). Additional temporal pattern (e.g., impulsive or non- the context in which it is experienced, noise in a marine mammal’s habitat can impulsive), likelihood an individual TTS can have effects on marine mask acoustic cues used by marine would be exposed for a long enough mammals ranging from discountable to mammals to carry out daily functions duration or to a high enough level to serious (similar to those discussed in such as communication and predator induce a TS, the magnitude of the TS, auditory masking, below). For example, and prey detection. The effects of pile time to recovery (seconds to minutes or a marine mammal may be able to readily driving on marine mammals are hours to days), the frequency range of compensate for a brief, relatively small dependent on several factors, including, the exposure (i.e., spectral content), the amount of TTS in a non-critical but not limited to, sound type (e.g., hearing and vocalization frequency frequency range that takes place during impulsive vs. non-impulsive), the range of the exposed species relative to a time when the animal is traveling species, age and sex class (e.g., adult the signal’s frequency spectrum (i.e., through the open ocean, where ambient male vs. mom with calf), duration of how animal uses sound within the noise is lower and there are not as many exposure, the distance between the pile frequency band of the signal; e.g., competing sounds present. and the animal, received levels, Kastelein et al., 2014b), and the overlap Alternatively, a larger amount and behavior at time of exposure, and between the animal and the source (e.g., longer duration of TTS sustained during previous history with exposure spatial, temporal, and spectral). time when communication is critical for (Wartzok et al., 2004; Southall et al., Permanent Threshold Shift (PTS)— successful mother/calf interactions 2007). Here we discuss physical NMFS defines PTS as a permanent, could have more serious impacts. We auditory effects (threshold shifts), irreversible increase in the threshold of note that reduced hearing sensitivity as followed by behavioral effects and audibility at a specified frequency or a simple function of aging has been potential impacts on habitat. portion of an individual’s hearing range observed in marine mammals, as well as Richardson et al. (1995) described above a previously established reference humans and other taxa (Southall et al., zones of increasing intensity of effect level (NMFS 2018). Available data from 2007), so we can infer that strategies that might be expected to occur, in humans and other terrestrial mammals exist for coping with this condition to relation to distance from a source and indicate that a 40 dB threshold shift some degree, though likely not without assuming that the signal is within an approximates PTS onset (see Ward et cost.

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Currently, TTS data only exist for four intrinsic and extrinsic factors (e.g., Available studies show wide variation species of cetaceans (bottlenose species, state of maturity, experience, in response to underwater sound; dolphin, beluga whale (Delphinapterus current activity, reproductive state, therefore, it is difficult to predict leucas), harbor porpoise (Phocoena auditory sensitivity, time of day), as specifically how any given sound in a phocoena), and Yangtze finless porpoise well as the interplay between factors particular instance might affect marine (Neophocoena asiaeorientalis)) and five (e.g., Richardson et al., 1995; Wartzok et mammals perceiving the signal. If a species of pinnipeds exposed to a al., 2003; Southall et al., 2007; Weilgart, marine mammal does react briefly to an limited number of sound sources (i.e., 2007; Archer et al., 2010). Behavioral underwater sound by changing its mostly tones and octave-band noise) in reactions can vary not only among behavior or moving a small distance, the laboratory settings (Finneran, 2015). individuals but also within an impacts of the change are unlikely to be TTS was not observed in trained spotted individual, depending on previous significant to the individual, let alone (Phoca largha) and ringed (Pusa experience with a sound source, the stock or population. However, if a hispida) seals exposed to impulsive context, and numerous other factors sound source displaces marine noise at levels matching previous (Ellison et al., 2012), and can vary mammals from an important feeding or predictions of TTS onset (Reichmuth et depending on characteristics associated breeding area for a prolonged period, al. 2016). In general, harbor seals and with the sound source (e.g., whether it impacts on individuals and populations harbor porpoises have a lower TTS is moving or stationary, number of could be significant (e.g., Lusseau and onset than other measured pinniped or sources, distance from the source). In Bejder, 2007; Weilgart, 2007; NRC, cetacean species (Finneran, 2015). general, pinnipeds seem more tolerant 2005). However, there are broad Additionally, the existing marine of, or at least habituate more quickly to, categories of potential response, which mammal TTS data come from a limited potentially disturbing underwater sound we describe in greater detail here, that number of individuals within these than do cetaceans, and generally seem include alteration of dive behavior, species. No data are available on noise- to be less responsive to exposure to alteration of foraging behavior, effects to induced hearing loss for mysticetes. For industrial sound than most cetaceans. breathing, interference with or alteration summaries of data on TTS in marine Please see Appendices B–C of Southall of vocalization, avoidance, and flight. mammals or for further discussion of et al. (2007) for a review of studies Changes in dive behavior can vary TTS onset thresholds, please see involving marine mammal behavioral widely, and may consist of increased or Southall et al. (2007), Finneran and responses to sound. decreased dive times and surface Jenkins (2012), Finneran (2015), and Habituation can occur when an intervals as well as changes in the rates Table 5 in NMFS (2018). Installing piles animal’s response to a stimulus wanes of ascent and descent during a dive (e.g., requires a combination of impact pile with repeated exposure, usually in the Frankel and Clark 2000; Costa et al., driving and vibratory pile driving. For absence of unpleasant associated events 2003; Ng and Leung 2003; Nowacek et the project, these activities would not (Wartzok et al., 2003). Animals are most al., 2004; Goldbogen et al., 2013a,b). occur at the same time and there would likely to habituate to sounds that are Variations in dive behavior may reflect likely be pauses in activities producing predictable and unvarying. It is interruptions in biologically significant the sound during each day. Given these important to note that habituation is activities (e.g., foraging) or they may be pauses and that many marine mammals appropriately considered as a of little biological significance. The are likely moving through the action ‘‘progressive reduction in response to impact of an alteration to dive behavior stimuli that are perceived as neither resulting from an acoustic exposure area and not remaining for extended aversive nor beneficial,’’ rather than as, depends on what the animal is doing at periods of time, the potential for TS more generally, moderation in response the time of the exposure and the type declines. to human disturbance (Bejder et al., and magnitude of the response. Behavioral Harassment—Behavioral 2009). The opposite process is Disruption of feeding behavior can be disturbance may include a variety of sensitization, when an unpleasant difficult to correlate with anthropogenic effects, including subtle changes in experience leads to subsequent sound exposure, so it is usually inferred behavior (e.g., minor or brief avoidance responses, often in the form of by observed displacement from known of an area or changes in vocalizations), avoidance, at a lower level of exposure. foraging areas, the appearance of more conspicuous changes in similar As noted above, behavioral state may secondary indicators (e.g., bubble nets behavioral activities, and more affect the type of response. For example, or sediment plumes), or changes in dive sustained and/or potentially severe animals that are resting may show behavior. As for other types of reactions, such as displacement from or greater behavioral change in response to behavioral response, the frequency, abandonment of high-quality habitat. disturbing sound levels than animals duration, and temporal pattern of signal Disturbance may result in changing that are highly motivated to remain in presentation, as well as differences in durations of surfacing and dives, an area for feeding (Richardson et al., species sensitivity, are likely number of blows per surfacing, or 1995; NRC, 2003; Wartzok et al., 2003). contributing factors to differences in moving direction and/or speed; Controlled experiments with captive response in any given circumstance reduced/increased vocal activities; marine mammals have showed (e.g., Croll et al., 2001; Nowacek et al., changing/cessation of certain behavioral pronounced behavioral reactions, 2004; Madsen et al., 2006; Yazvenko et activities (such as socializing or including avoidance of loud sound al., 2007). A determination of whether feeding); visible startle response or sources (Ridgway et al., 1997; Finneran foraging disruptions incur fitness aggressive behavior (such as tail/fluke et al., 2003). Observed responses of wild consequences would require slapping or jaw clapping); avoidance of marine mammals to loud pulsed sound information on or estimates of the areas where sound sources are located. sources (typically seismic airguns or energetic requirements of the affected Pinnipeds may increase their haul out acoustic harassment devices) have been individuals and the relationship time, possibly to avoid in-water varied but often consist of avoidance between prey availability, foraging effort disturbance (Thorson and Reyff 2006). behavior or other behavioral changes and success, and the life history stage of Behavioral responses to sound are suggesting discomfort (Morton and the animal. highly variable and context-specific and Symonds 2002; see also Richardson et Variations in respiration naturally any reactions depend on numerous al., 1995; Nowacek et al., 2007). vary with different behaviors and

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alterations to breathing rate as a A flight response is a dramatic change substantive behavioral reactions and function of acoustic exposure can be in normal movement to a directed and multi-day anthropogenic activities. For expected to co-occur with other rapid movement away from the example, just because an activity lasts behavioral reactions, such as a flight perceived location of a sound source. for multiple days does not necessarily response or an alteration in diving. The flight response differs from other mean that individual animals are either However, respiration rates in and of avoidance responses in the intensity of exposed to activity-related stressors for themselves may be representative of the response (e.g., directed movement, multiple days or, further, exposed in a annoyance or an acute stress response. rate of travel). Relatively little manner resulting in sustained multi-day Various studies have shown that information on flight responses of substantive behavioral responses. respiration rates may either be marine mammals to anthropogenic Stress responses—An animal’s unaffected or could increase, depending signals exist, although observations of perception of a threat may be sufficient on the species and signal characteristics, flight responses to the presence of to trigger stress responses consisting of again highlighting the importance in predators have occurred (Connor and some combination of behavioral understanding species differences in the Heithaus, 1996). The result of a flight responses, autonomic nervous system tolerance of underwater noise when response could range from brief, responses, neuroendocrine responses, or determining the potential for impacts temporary exertion and displacement immune responses (e.g., Seyle, 1950; resulting from anthropogenic sound from the area where the signal provokes Moberg, 2000). In many cases, an exposure (e.g., Kastelein et al., 2001, flight to, in extreme cases, marine animal’s first and sometimes most 2005b, 2006; Gailey et al., 2007). mammal strandings (Evans and economical (in terms of energetic costs) Marine mammals vocalize for England, 2001). However, it should be response is behavioral avoidance of the different purposes and across multiple noted that response to a perceived potential stressor. Autonomic nervous modes, such as whistling, echolocation predator does not necessarily invoke system responses to stress typically click production, calling, and singing. flight (Ford and Reeves 2008), and involve changes in heart rate, blood Changes in vocalization behavior in whether individuals are solitary or in pressure, and gastrointestinal activity. response to anthropogenic noise can groups may influence the response. These responses have a relatively short occur for any of these modes and may Behavioral disturbance can also duration and may or may not have a result from a need to compete with an impact marine mammals in more subtle significant long-term effect on an increase in background noise or may ways. Increased vigilance may result in animal’s fitness. reflect increased vigilance or a startle costs related to diversion of focus and Neuroendocrine stress responses often response. For example, in the presence attention (i.e., when a response consists involve the hypothalamus-pituitary- of potentially masking signals, of increased vigilance, it may come at adrenal system. Virtually all humpback whales and killer whales the cost of decreased attention to other neuroendocrine functions that are have been observed to increase the critical behaviors such as foraging or affected by stress—including immune length of their songs (Miller et al., 2000; resting). These effects have generally not competence, reproduction, metabolism, Fristrup et al., 2003; Foote et al., 2004), been demonstrated for marine and behavior—are regulated by pituitary while right whales (Eubalaena glacialis) mammals, but studies involving fish hormones. Stress-induced changes in have been observed to shift the and terrestrial animals have shown that the secretion of pituitary hormones have frequency content of their calls upward increased vigilance may substantially been implicated in failed reproduction, while reducing the rate of calling in reduce feeding rates (e.g., Beauchamp altered metabolism, reduced immune areas of increased anthropogenic noise and Livoreil 1997; Fritz et al,, 2002; competence, and behavioral disturbance (Parks et al., 2007b). In some cases, Purser and Radford 2011). In addition, (e.g., Moberg, 1987; Blecha, 2000). animals may cease sound production chronic disturbance can cause Increases in the circulation of during production of aversive signals population declines through reduction glucocorticoids are also equated with (Bowles et al., 1994). of fitness (e.g., decline in body stress (Romano et al., 2004). Avoidance is the displacement of an condition) and subsequent reduction in The primary distinction between individual from an area or migration reproductive success, survival, or both stress (which is adaptive and does not path as a result of the presence of a (e.g., Harrington and Veitch, 1992; Daan normally place an animal at risk) and sound or other stressors, and is one of et al., 1996; Bradshaw et al., 1998). ‘‘distress’’ is the cost of the response. the most obvious manifestations of However, Ridgway et al. (2006) reported During a stress response, an animal uses disturbance in marine mammals that increased vigilance in bottlenose glycogen stores that can be quickly (Richardson et al., 1995). For example, dolphins exposed to sound over a five- replenished once the stress is alleviated. gray whales (Eschrictius robustus) are day period did not cause any sleep In such circumstances, the cost of the known to change direction—deflecting deprivation or stress effects. stress response would not pose serious from customary migratory paths—in Many animals perform vital functions, fitness consequences. However, when order to avoid noise from seismic such as feeding, resting, traveling, and an animal does not have sufficient surveys (Malme et al., 1984). Avoidance socializing, on a diel cycle (24-hour energy reserves to satisfy the energetic may be short-term, with animals cycle). Disruption of such functions costs of a stress response, energy returning to the area once the noise has resulting from reactions to stressors resources must be diverted from other ceased (e.g., Bowles et al., 1994; Goold such as sound exposure are more likely functions. This state of distress will last 1996; Stone et al., 2000; Morton and to be significant if they last more than until the animal replenishes its Symonds, 2002; Gailey et al., 2007). one diel cycle or recur on subsequent energetic reserves sufficient to restore Longer-term displacement is possible, days (Southall et al., 2007). normal function. however, which may lead to changes in Consequently, a behavioral response Relationships between these abundance or distribution patterns of lasting less than one day and not physiological mechanisms, animal the affected species in the affected recurring on subsequent days is not behavior, and the costs of stress region if habituation to the presence of considered particularly severe unless it responses are well-studied through the sound does not occur (e.g., could directly affect reproduction or controlled experiments and for both Blackwell et al., 2004; Bejder et al., survival (Southall et al., 2007). Note that laboratory and free-ranging animals 2006; Teilmann et al., 2006). there is a difference between multi-day (e.g., Holberton et al., 1996; Hood et al.,

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1998; Jessop et al., 2003; Krausman et levels in the San Diego Bay are already pressure jetting used on 16-inch round al., 2004; Lankford et al., 2005). Stress elevated by these activities. and 24x30-inch concrete piles. As responses due to exposure to The frequency range of the potentially previously described, San Diego Bay is anthropogenic sounds or other stressors masking sound is important in an industrialized harbor and hosts and their effects on marine mammals determining any potential behavioral numerous recreational and commercial have also been reviewed (Fair and impacts. For example, low-frequency vessels; therefore, background sound Becker 2000; Romano et al., 2002b) and, signals may have less effect on high- levels in the San Diego Bay are elevated more rarely, studied in wild populations frequency echolocation sounds by sounds produced by these vessels. (e.g., Romano et al., 2002a). For produced by odontocetes but are more The sounds produced by this activity example, Rolland et al. (2012) found likely to affect detection of mysticete are of similar frequencies to the sounds that noise reduction from reduced ship communication calls and other produced by vessels, and are anticipated traffic in the Bay of Fundy was potentially important natural sounds to diminish to background noise levels associated with decreased stress in such as those produced by surf and (or be masked by background noise North Atlantic right whales. These and some prey species. The masking of levels) in the Bay relatively close to the other studies lead to a reasonable communication signals by project site. Further, these activities are expectation that some marine mammals anthropogenic noise may be considered anticipated to occur on the same day as will experience physiological stress as a reduction in the communication other installation methods. These responses upon exposure to acoustic space of animals (e.g., Clark et al., 2009) animals would previously have been stressors and that it is possible that and may result in energetic or other ‘taken’ because of exposure to some of these would be classified as costs as animals change their underwater sounds produced by pile ‘‘distress.’’ In addition, any animal vocalization behavior (e.g., Miller et al., driving. Thus, in these cases, behavioral experiencing TTS would likely also 2000; Foote et al., 2004; Parks et al., harassment of these animals would experience stress responses (NRC, 2007b; Di Iorio and Clark, 2009; Holt et already accounted for in these estimates 2003). al., 2009). Masking can be reduced in of potential take. Therefore, for the Masking—Sound can disrupt behavior situations where the signal and noise reasons described above, we do not through masking, or interfering with, an come from different directions believe that authorization of incidental animal’s ability to detect, recognize, or (Richardson et al., 1995), through take resulting from high-pressure water discriminate between acoustic signals of amplitude modulation of the signal, or jetting is warranted, and impacts of interest (e.g., those used for intraspecific through other compensatory behaviors water jetting are not discussed further. communication and social interactions, (Houser and Moore, 2014). Masking can Potential Effects of Pile Driving Sound be tested directly in captive species prey detection, predator avoidance, The effects of sounds from pile navigation) (Richardson et al., 1995). (e.g., Erbe 2008), but in wild populations it must be either modeled driving might include one or more of Masking occurs when the receipt of a the following: Temporary or permanent sound is interfered with by another or inferred from evidence of masking compensation. There are few studies hearing impairment, non-auditory coincident sound at similar frequencies physical or physiological effects, addressing real-world masking sounds and at similar or higher intensity, and behavioral disturbance, and masking likely to be experienced by marine may occur whether the sound is natural (Richardson et al., 1995; Gordon et al., mammals in the wild (e.g., Branstetter et (e.g., snapping shrimp, wind, waves, 2003; Nowacek et al., 2007; Southall et precipitation) or anthropogenic (e.g., al., 2013). Masking affects both senders and al., 2007). The effects of pile driving on pile driving, shipping, sonar, seismic marine mammals are dependent on exploration) in origin. The ability of a receivers of acoustic signals and can potentially have long-term chronic several factors, including the type and noise source to mask biologically depth of the animal; the pile size and effects on marine mammals at the important sounds depends on the type, and the intensity and duration of population level as well as at the characteristics of both the noise source the pile driving sound; the substrate; the individual level. Low-frequency and the signal of interest (e.g., signal-to- standoff distance between the pile and ambient sound levels have increased by noise ratio, temporal variability, the animal; and the sound propagation as much as 20 dB (more than three times direction), in relation to each other and properties of the environment. Impacts in terms of SPL) in the world’s ocean to an animal’s hearing abilities (e.g., to marine mammals from pile driving from pre-industrial periods, with most sensitivity, frequency range, critical activities are expected to result of the increase from distant commercial ratios, frequency discrimination, primarily from acoustic pathways. As shipping (Hildebrand, 2009). All directional discrimination, age or TTS such, the degree of effect is intrinsically anthropogenic sound sources, but hearing loss), and existing ambient related to the frequency, received level, noise and propagation conditions. especially chronic and lower-frequency and duration of the sound exposure, Masking of natural sounds can result signals (e.g., from vessel traffic), which are in turn influenced by the when human activities produce high contribute to elevated ambient sound distance between the animal and the levels of background sound at levels, thus intensifying masking. source. The further away from the frequencies important to marine Underwater Acoustic Effects source, the less intense the exposure mammals. Conversely, if the should be. The substrate and depth of background level of underwater sound Potential Effects of High-Pressure Water the habitat affect the sound propagation is high (e.g. on a day with strong wind Jetting Sound properties of the environment. In and high waves), an anthropogenic High-pressure water jetting may be addition, substrates that are soft (e.g., sound source would not be detectable as used to assist with installation of sand) would absorb or attenuate the far away as would be possible under concrete piles. Based on existing sound more readily than hard substrates quieter conditions and would itself be reference values, high-pressure water (e.g., rock), which may reflect the masked. San Diego Bay is an active, jetting noise was estimated to be 158 dB acoustic wave. Soft porous substrates industrialized harbor and hosts re: 1 mPa (rms) at 10 m based on Naval would also likely require less time to numerous recreational and commercial Facilities Engineering Command, drive the pile, and possibly less forceful vessels; therefore, background sound Southwest (2018) measures of high equipment, which would ultimately

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decrease the intensity of the acoustic may include (Richardson et al., 1995): impacts. The most intense underwater source. Changing durations of surfacing and sounds in the proposed action are those In the absence of mitigation, impacts dives, number of blows per surfacing, or produced by impact pile driving. Given to marine species could be expected to moving direction and/or speed; that the energy distribution of pile include physiological and behavioral reduced/increased vocal activities; driving covers a broad frequency responses to the acoustic signature changing/cessation of certain behavioral spectrum, sound from these sources (Viada et al., 2008). Potential effects activities (such as socializing or would likely be within the audible from impulsive sound sources like pile feeding); visible startle response or range of marine mammals present in the driving can range in severity from aggressive behavior (such as tail/fluke project area. Impact pile driving activity effects such as behavioral disturbance to slapping or jaw clapping); avoidance of is relatively short-term, with rapid temporary or permanent hearing areas where sound sources are located; pulses occurring for less than fifteen impairment (Yelverton et al., 1973). Due and/or flight responses (e.g., pinnipeds minutes per pile. The probability for to the nature of the pile driving sounds flushing into water from haul-outs or impact pile driving resulting from this in the project, behavioral disturbance is rookeries). Pinnipeds may increase their proposed action masking acoustic the most likely effect from the proposed haul out time, possibly to avoid in-water signals important to the behavior and activity. Marine mammals exposed to disturbance (Thorson and Reyff, 2006). survival of marine mammal species is high intensity sound repeatedly or for If a marine mammal responds to a low. Vibratory pile driving is also prolonged periods can experience stimulus by changing its behavior (e.g., relatively short-term, with rapid hearing threshold shifts. PTS constitutes through relatively minor changes in oscillations occurring for approximately injury, but TTS does not (Southall et al., locomotion direction/speed or 10 minutes per pile. It is possible that 2007). vocalization behavior), the response vibratory pile driving resulting from this Non-Auditory Physiological Effects may or may not constitute taking at the proposed action may mask acoustic individual level, and is unlikely to signals important to the behavior and Non-auditory physiological effects or affect the stock or the species as a survival of marine mammal species, but injuries that theoretically might occur in whole. However, if a sound source the short-term duration and limited marine mammals exposed to strong displaces marine mammals from an affected area would result in underwater sound include stress, important feeding or breeding area for a insignificant impacts from masking. neurological effects, bubble formation, prolonged period, impacts on animals, Any masking event that could possibly resonance effects, and other types of and if so potentially on the stock or rise to Level B harassment under the organ or tissue damage (Cox et al., 2006; species, could potentially be significant MMPA would occur concurrently Southall et al., 2007). Studies examining (e.g., Lusseau and Bejder, 2007; within the zones of behavioral such effects are limited. In general, little Weilgart, 2007). harassment already estimated for is known about the potential for pile The biological significance of many of vibratory and impact pile driving, and driving to cause non-auditory physical these behavioral disturbances is difficult which have already been taken into effects in marine mammals. Available to predict, especially if the detected account in the exposure analysis. Active data suggest that such effects, if they disturbances appear minor. However, pile driving is anticipated to occur for occur at all, would presumably be the consequences of behavioral less than two hours per day and for 50 limited to short distances from the modification could be expected to be days between September 15, 2020 and sound source and to activities that biologically significant if the change September 14, 2021, so we do not extend over a prolonged period. The affects growth, survival, or anticipate masking to significantly affect available data do not allow reproduction. Significant behavioral marine mammals. identification of a specific exposure modifications that could potentially Airborne Acoustic Effects level above which non-auditory effects lead to effects on growth, survival, or can be expected (Southall et al., 2007) reproduction include: Pinnipeds that occur near the project or any meaningful quantitative • Drastic changes in diving/surfacing site could be exposed to airborne predictions of the numbers (if any) of patterns (such as those thought to cause sounds associated with pile driving that marine mammals that might be affected beaked whale stranding due to exposure have the potential to cause behavioral in those ways. We do not expect any to military mid-frequency tactical harassment, depending on their distance non-auditory physiological effects sonar); from pile driving activities. because of mitigation that prevents • Longer-term habitat abandonment Airborne noise would primarily be an animals from approach the source too due to loss of desirable acoustic issue for pinnipeds that are swimming closely, as well as source levels with environment; and or hauled out near the project site very small Level A harassment • Longer-term cessation of feeding or within the range of noise levels elevated isopleths. Marine mammals that show social interaction. above the acoustic criteria. Based on the behavioral avoidance of pile driving, The onset of behavioral disturbance lack of any pinniped haul-outs in the including some odontocetes and some from anthropogenic sound depends on immediate vicinity of the project site, pinnipeds, are especially unlikely to both external factors (characteristics of airborne noise associated with incur on-auditory physical effects. sound sources and their paths) and the construction are not expected to have specific characteristics of the receiving any impact on pinnipeds. We recognize Disturbance Reactions animals (hearing, motivation, that pinnipeds in the water could be Responses to continuous sound, such experience, demography) and is difficult exposed to airborne sound that may as vibratory pile installation, have not to predict (Southall et al., 2007). result in behavioral harassment when been documented as well as responses looking with their heads above water. to pulsed sounds. With both types of Auditory Masking Most likely, airborne sound would pile driving, it is likely that the onset of Natural and artificial sounds can cause behavioral responses similar to pile driving could result in temporary, disrupt behavior by masking. The those discussed above in relation to short term changes in an animal’s frequency range of the potentially underwater sound. For instance, typical behavior and/or avoidance of the masking sound is important in anthropogenic sound could cause affected area. These behavioral changes determining any potential behavioral hauled out pinnipeds to exhibit changes

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in their normal behavior, such as sediment that remains suspended would Popper and Hastings, 2009). Hastings reduction in vocalizations, or cause be rapidly dispersed by tidal currents; and Popper (2005) reviewed several them to temporarily abandon the area and (3) tidal currents would tend to studies that suggest fish may relocate to and move further from the source. collapse the silt curtains and make them avoid certain areas of sound energy. However, these animals would ineffective. The waters of San Diego Bay Additional studies have documented previously have been ‘taken’ because of are degraded and turbidity levels vary physical and behavioral effects of pile exposure to underwater sound above the greatly depending on location, season, driving on fish, although several are behavioral harassment thresholds, and tidal state. Navy would employ based on studies in support of large, which are in all cases larger than those standard construction best management multiyear bridge construction projects associated with airborne sound. Thus, practices (BMPs; see Section 11 of the (e.g., Scholik and Yan, 2001, 2002; the behavioral harassment of these application), thereby reducing any Popper and Hastings, 2009). Sound animals would already accounted for in potential impacts. Therefore, the impact pulses at received levels of 160 dB may these estimates of potential take. from increased turbidity levels is cause subtle changes in fish behavior. Therefore, we do not believe that expected to be discountable. SPLs of 180 dB may cause noticeable authorization of incidental take changes in behavior (Pearson et al., In-water Construction Effects on resulting from airborne sound for 1992; Skalski et al., 1992). SPLs of Potential Foraging Habitat pinnipeds is warranted, and airborne sufficient strength have been known to sound is not discussed further here. Pile installation may temporarily cause injury to fish and fish mortality increase turbidity resulting from (summarized in Popper et al., 2014). Marine Mammal Habitat Effects suspended sediments. Any increases The most likely impact to fish from The area likely impacted by the would be temporary, localized, and pile driving activities at the project area project is relatively small compared to minimal. In general, turbidity associated would be temporary behavioral the available habitat for California sea with pile installation is localized to avoidance of the area. The duration of lions, and does not include any known about a 25-foot (7.6 m) radius around fish avoidance of this area after pile areas of important habitat. Navy’s the pile (Everitt et al. 1980). Pinnipeds driving stops is unknown, but a rapid proposed construction activities in San could avoid these localized areas of return to normal recruitment, Diego Bay are of short duration and turbidity. Therefore, the impact from distribution and behavior is anticipated. would not result in permanent negative increased turbidity levels is expected to In general, impacts to marine mammal impacts to habitats used directly by be discountable to marine mammals. prey species are expected to be minor marine mammals, but could have Essential Fish Habitat (EFH) for and temporary due to the short localized, temporary impacts on marine several species or groups of species timeframe for the project. mammal habitat and their prey by overlaps with the project area including: In summary, given the short daily increasing underwater and airborne Groundfish, coastal pelagic species, duration of sound associated with SPLs and slightly decreasing water krill, finfish, dorado, and common individual pile driving events and the quality. Increased noise levels may thresher shark. NMFS (West Coast relatively small and currently affect acoustic habitat (see masking Region) is currently reviewing the industrialized areas being affected, pile discussion above) and adversely affect proposed action for potential effects to driving activities associated with the marine mammal prey in the vicinity of EFH pursuant to the Magnuson-Stevens proposed action are not likely to have a the project area (see discussion below). Fishery Conservation and Management permanent, adverse effect on any fish During pile driving, elevated levels of Act. habitat, or populations of fish species. underwater noise would ensonify the Avoidance by potential prey (i.e., fish) Thus, we conclude that impacts of the San Diego Bay where both fish and of the immediate area due to the specified activity are not likely to have mammals occur and could affect temporary loss of this foraging habitat is more than short-term adverse effects on foraging success. also possible. The duration of fish any prey habitat or populations of prey There are no known foraging hotspots avoidance of this area after pile driving species. Further, any impacts to marine or other ocean bottom structure of stops is unknown, but a rapid return to mammal habitat are not expected to significant biological importance to normal recruitment, distribution and result in significant or long-term marine mammals present in the marine behavior is anticipated. Any behavioral consequences for individual marine waters of the project area. Therefore, the avoidance by fish of the disturbed area mammals, or to contribute to adverse main impact issue associated with the would still leave significantly large impacts on their populations. proposed activity would be temporarily areas of fish and marine mammal elevated sound levels and the associated foraging habitat in the nearby vicinity. Estimated Take direct effects on marine mammals, as The duration of the construction This section provides an estimate of discussed previously in this document. activities is relatively short. Pile driving the number of incidental takes proposed The primary potential acoustic impacts activities would occur for 50 days for authorization through this IHA, to marine mammal habitat are during the proposed project dates. which will inform both NMFS’ associated with elevated sound levels Impacts to habitat and prey are expected consideration of ‘‘small numbers’’ and produced by vibratory and impact pile to be minimal based on the short the negligible impact determination. driving in the area. Physical impacts to duration of activities. Harassment is the only type of take the environment such as construction In-water Construction Effects on expected to result from these activities. debris are unlikely. Potential Prey (Fish)—Construction Except with respect to certain activities In-water pile driving activities would activities would produce continuous not pertinent here, section 3(18) of the also cause short-term effects on water (i.e., vibratory pile driving) and pulsed MMPA defines ‘‘harassment’’ as any act quality due to increased turbidity. Silt (i.e. impact driving) sounds. Fish react of pursuit, torment, or annoyance, curtains were considered but not to sounds that are especially strong and/ which (i) has the potential to injure a included as a mitigation measure for or intermittent low-frequency sounds. marine mammal or marine mammal turbidity because: (1) The sediments of Short duration, sharp sounds can cause stock in the wild (Level A harassment); the project site are sandy and will settle overt or subtle changes in fish behavior or (ii) has the potential to disturb a out rapidly when disturbed; (2) fine and local distribution (summarized in marine mammal or marine mammal

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stock in the wild by causing disruption more detail and present the proposed explosive impulsive (e.g., seismic of behavioral patterns, including, but take estimate. airguns) or intermittent (e.g., scientific not limited to, migration, breathing, sonar) sources. Acoustic Thresholds nursing, breeding, feeding, or sheltering Navy’s proposed activity includes the (Level B harassment). Using the best available science, use of continuous (vibratory pile Authorized takes would be by Level B NMFS has developed acoustic driving) and impulsive (impact pile harassment only, in the form of thresholds that identify the received driving) sources, and therefore the 120 disruption of behavioral patterns for level of underwater sound above which and 160 dB re: 1 mPa (rms) thresholds individual California sea lions resulting exposed marine mammals would be are applicable. As previously discussed, from exposure to pile driving activities. reasonably expected to be behaviorally background (ambient) noise in the Based on the nature of the activity and harassed (equated to Level B south-central San Diego Bay was the anticipated effectiveness of the harassment) or to incur PTS of some measured at 126 dB re: 1 mPa (L50) in mitigation measures (i.e., shutdown)— degree (equated to Level A harassment). 2019 (Dahl and Dall’Osto 2019), discussed in detail below in Proposed Level B Harassment for non-explosive therefore, 126 dB re: 1 mPa was used to Mitigation section, Level A harassment sources—Though significantly driven by calculate the Level B harassment is neither anticipated nor proposed to be received level, the onset of behavioral isopleth. authorized. disturbance from anthropogenic noise Level A harassment for non-explosive As described previously, no mortality exposure is also informed to varying sources—NMFS’ Technical Guidance is anticipated or proposed to be degrees by other factors related to the for Assessing the Effects of authorized for this activity. Below we source (e.g., frequency, predictability, Anthropogenic Sound on Marine describe how the take is estimated. duty cycle), the environment (e.g., Mammal Hearing (Version 2.0) Generally speaking, we estimate take bathymetry), and the receiving animals (Technical Guidance, 2018) identifies by considering: (1) Acoustic thresholds (hearing, motivation, experience, dual criteria to assess auditory injury above which NMFS believes the best demography, behavioral context) and (Level A harassment) to five different available science indicates marine can be difficult to predict (Southall et marine mammal groups (based on mammals will be behaviorally harassed al., 2007, Ellison et al., 2012). Based on hearing sensitivity) as a result of or incur some degree of permanent what the available science indicates and exposure to noise from two different hearing impairment; (2) the area or the practical need to use a threshold types of sources (impulsive or non- volume of water that will be ensonified based on a factor that is both predictable impulsive). Navy’s proposed activity above these levels in a day; (3) the and measurable for most activities, includes the use includes the use of density or occurrence of marine NMFS uses a generalized acoustic continuous (vibratory pile driving) and mammals within these ensonified areas; threshold based on received level to impulsive (impact pile driving) sources. and, (4) and the number of days of estimate the onset of behavioral These thresholds are provided in the activities. We note that while these harassment. NMFS predicts that marine table below. The references, analysis, basic factors can contribute to a basic mammals are likely to be behaviorally and methodology used in the calculation to provide an initial harassed in a manner we consider Level development of the thresholds are prediction of takes, additional B harassment when exposed to described in NMFS 2018 Technical information that can qualitatively underwater anthropogenic noise above Guidance, which may be accessed at inform take estimates is also sometimes received levels of 120 dB re: 1 mPa root https://www.fisheries.noaa.gov/ available (e.g., previous monitoring mean square (rms) for continuous (e.g., national/marine-mammal-protection/ results or average group size). Below, we vibratory pile-driving, drilling) and marine-mammal-acoustic-technical- describe the factors considered here in above 160 dB re: 1 mPa (rms) for non- guidance.

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

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

Low-Frequency (LF) Cetaceans ...... Lp,0-pk,flat: 219 dB; LE,p,LF,24h: 183 dB ...... LE,p,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Lp,0-pk,flat: 230 dB; LE,pMF,24h: 185 dB ...... LE,p,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Lp,0-pk,flat: 202 dB; LE,p,HF,24h: 155 dB ...... LE,p,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Lp,0-pk.flat: 218 dB; LE,p,PW,24h: 185 dB ...... LE,p,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Lp,0-pk,flat: 232 dB; LE,p,OW,24h: 203 dB ...... LE,p,OW,24h: 219 dB. * Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds are recommended for consideration. Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1 μPa, and weighted cumulative sound exposure level (LE,p) has a ref- erence value of 1μPa2s. In this table, thresholds are abbreviated to be more reflective of International Organization for Standardization standards (ISO 2017). The subscript ‘‘flat’’ is being included to indicate peak sound pressure are flat weighted or unweighted within the generalized hearing range of marine mammals (i.e., 7 Hz to 160 kHz). The subscript associated with cumulative sound exposure level thresholds indicates the des- ignated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accu- mulation period is 24 hours. The weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these thresholds will be exceeded.

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Ensonified Area occurs in an environment in which associated with the Pier 12 replacement Here, we describe operational and sound propagation is bounded by the required between 500 and 600 blows per environmental parameters of the activity water surface and sea bottom, resulting pile (Alberto Sanchez 2019, personal that will feed into identifying the area in a reduction of 3 dB in sound level for communication). To be conservative, ensonified above the acoustic each doubling of distance from the 600 strikes per pile is estimated for thresholds, which include source levels source (10*log[range]). A practical impact pile driving. spreading value of fifteen is often used and transmission loss coefficient. Navy used NMFS’ Optional User under conditions, such as the project The sound field in the project area is Spreadsheet, available at https:// site where water increases with depth as the existing background noise plus www.fisheries.noaa.gov/national/ the receiver moves away from the additional construction noise from the marine-mammal-protection/marine- proposed project. Pile driving generates shoreline, resulting in an expected propagation environment that would lie mammal-acoustic-technical-guidance, underwater noise that can potentially to input project-specific parameters and result in disturbance to marine between spherical and cylindrical spreading loss conditions. Practical calculate the isopleths for the Level A mammals in the project area. The harassment zones for impact and maximum (underwater) area ensonified spreading loss is assumed here. The intensity of pile driving sounds is vibratory pile driving. When the NMFS is determined by the topography of the Technical Guidance (2018) was San Diego Bay including hard structures greatly influenced by factors such as the type of piles, hammers, and the physical published, in recognition of the fact that directly to the south of the project site. ensonified area/volume could be more Additionally, vessel traffic and other environment in which the activity takes technically challenging to predict commercial and industrial activities in place. In order to calculate distances to because of the duration component in the project area may contribute to the Level A harassment and Level B the new thresholds, we developed a elevated background noise levels which harassment thresholds for the 24-inch User Spreadsheet that includes tools to may mask sounds produced by the octagonal concrete piles and the 24-inch help predict a simple isopleth that can project. steel pipe piles proposed in this project, Transmission loss (TL) is the decrease acoustic monitoring data from other be used in conjunction with marine in acoustic intensity as an acoustic locations were used. Empirical data mammal density or occurrence to help pressure wave propagates out from a from recent sound source verification predict takes. We note that because of source. TL parameters vary with (SSV) studies reported in CALTRANS some of the assumptions included in the frequency, temperature, sea conditions, (2015) were used to estimate sound methods used for these tools, we current, source and receiver depth, source levels (SSLs) for impact pile anticipate that isopleths produced are water depth, water chemistry, and driving. For impact pile driving of 24- typically going to be overestimates of bottom composition and topography. inch octagonal concrete piles some degree, which may result in some The general formula for underwater TL measurements from San Francisco Bay, degree of overestimate of Level A California were used (SELs-s: 166 dB re: is: harassment take. However, these tools 1 mPa2s; SPLrms: 176 dB re: 1 mPa; offer the best way to predict appropriate TL = B * Log10 (R 1/R 2), SPLpeak: 188 dB re: 1 mPa) isopleths when more sophisticated 3D Where (CALTRANS, 2015). For impact pile modeling methods are not available, and TL = transmission loss in dB driving of 24-inch steel pipe piles NMFS continues to develop ways to B = transmission loss coefficient; for practical measurements from Carquinez Bay, quantitatively refine these tools, and spreading equals 15 California were used (SELs-s: 178 dB re: will qualitatively address the output R 1= the distance of the modeled SPL from 1 mPa2s; SPLrms: 194 dB re: 1 mPa; the driven pile, and where appropriate. For stationary SPLpeak: 207 dB re: 1 mPa) sources pile driving, the NMFS User R 2= the distance from the driven pile of the (CALTRANS, 2015). For vibratory pile initial measurement Spreadsheet predicts the distance at driving of 24-inch steel pipe piles which, if a marine mammal remained at This formula neglects loss due to measurements, average data collected that distance the whole duration of the scattering and absorption, which is from four projects (3 in Washington and activity, it would incur PTS. assumed to be zero here. The degree to 1 in California) reported by United which underwater sound propagates States Navy (2015) were used. The Table 4 provides the sound source away from a sound source is dependent highest project average SPLrms of 162 values and input used in the User on a variety of factors, most notably the dB re: 1 mPa was selected as the most Spreadsheet to calculate harassment water bathymetry and presence or reasonable proxy for 24-inch steel pipe isopleths for each source type. For absence of reflective or absorptive piles. impact pile driving, isopleths calculated conditions including in-water structures For piles requiring use of vibratory using the cumulative SEL metric (SELs- and sediments. Spherical spreading pile driving, it is anticipated that 10 s) will be used as it produces larger occurs in a perfectly unobstructed (free- minutes (min) per pile will be required. isopleths than SPLpeak. Isopleths for field) environment not limited by depth The number of final strikes via impact Level B harassment associated with or water surface, resulting in a 6 dB pile driving for each pile installed impact pile driving (160 dB) and reduction in sound level for each would be dependent on the underlying vibratory pile driving (126 dB) were also doubling of distance from the source geology and the exact placement of the calculated and are can be found in Table (20*log[range]). Cylindrical spreading pile. For example, pile-driving activities 5.

TABLE 4—USER SPREADSHEET INPUT PARAMETERS USED FOR CALCULATING HARASSMENT ISOPLETHS

Impact pile driving User Spreadsheet parameter 24-inch octagonal concrete Impact pile driving Vibratory pile driving piles 24-inch steel pipe piles 24-inch steel pipe piles

Spreadsheet Tab Used ...... (E.1) Impact pile driving .... (E.1) Impact pile driving .... (A.1) Vibratory pile driving. Source Level (SELs-s or SPL rms) ...... 166 SELs-sa ...... 178 SELs-sa ...... 162 dB SPL rmsb. Source Level (SPLpeak) ...... 188 ...... 207 ...... N/A.

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TABLE 4—USER SPREADSHEET INPUT PARAMETERS USED FOR CALCULATING HARASSMENT ISOPLETHS—Continued

Impact pile driving User Spreadsheet parameter 24-inch octagonal concrete Impact pile driving Vibratory pile driving piles 24-inch steel pipe piles 24-inch steel pipe piles

Weighting Factor Adjustment (kHz) ...... 2 ...... 2 ...... 2.5. Number of piles per day ...... 3 ...... 1 ...... 1. Number of strikes per pile ...... 600 ...... 600 ...... N/A. Number of strikes per day ...... 1,800 ...... 600 ...... N/A. Estimate driving duration (min) per pile ...... N/A ...... N/A ...... 10. Activity Duration (h) within 24-h period ...... N/A ...... N/A ...... 0.167. Propagation (xLogR) ...... 15 Log R ...... 15 Log R ...... 15 Log R. Distance of source level measurement (meters) ...... 10 ...... 10 ...... 10. a CATRANS, 2015. b United States Navy, 2015.

TABLE 5—CALCULATED DISTANCES TO LEVEL A HARASSMENT AND LEVEL B HARASSMENT ISOPLETHS DURING PILE DRIVING

Level A Level B Level B harassment zone harassment zone harassment zone Source (meters) (meters) ensonified area (km2) Otariid pinnipeds Pinnipeds Pinnipeds

Impact Pile Driving 24-inch octagonal concrete piles ...... 4 117 0.043

Impact Pile Driving 24-inch steel pipe piles ...... 13 1,848 3.68

Vibratory Pile Driving 24-inch steel pipe piles ...... <1 2,512 6.94

Source PTS onset Isopleth—peak (meters)

Impact Pile Driving 24-inch octagonal concrete piles ...... N/A

Impact Pile Driving 24-inch steel pipe piles ...... N/A

Marine Mammal Occurrence and Take Level B harassment Calculations no take by Level A harassment is Calculation and Estimation The estimation of takes by Level B anticipated or proposed for authorization. In this section we provide the harassment uses the following information about the presence, density, calculation: Proposed Mitigation or group dynamics of marine mammals Level B harassment estimate = N In order to issue an IHA under that will inform the take calculations, (number of animals in the ensonified Section 101(a)(5)(D) of the MMPA, and how this information is brought area) * Number of days of noise NMFS must set forth the permissible together to produce a quantitative take generating activities. methods of taking pursuant to the estimate. The available survey data suggests activity, and other means of effecting from Sorenson and Swope (2010) the least practicable impact on the No California sea lion density suggests 2 California sea lions could be species or stock and its habitat, paying information is available for south San present each day in the project area, particular attention to rookeries, mating Diego Bay. Potential exposures to however given the limited data grounds, and areas of similar impact and vibratory pile driving noise available, to be conservative we have significance, and on the availability of for each threshold for California sea estimated 4 California sea lions could be the species or stock for taking for certain lions were estimated using data present each day. subsistence uses (latter not applicable collected during a 2010 survey as Level B harassment estimate = 4 for this action). NMFS regulations reported in Sorensen and Swope (2010). (number of animals in the ensonified require applicants for incidental take The Sorenson and Swope (2010) survey area) * 50 (Number of days of noise authorizations to include information is the only known survey to provide generating activities) = 200. about the availability and feasibility marine mammal observation data below (economic and technological) of the San Diego Coronado Bridge (in mid Level A Harassment Calculations equipment, methods, and manner of San Diego Bay). The single survey was Navy intends to avoid Level A conducting the activity or other means on February 16, 2010. During this harassment take by shutting down of effecting the least practicable adverse survey one single sea lion was observed activities if a California sea lion impact upon the affected species or off Pier 3 and one single sea lion was approaches with 25 m of the project site, stocks and their habitat (50 CFR observed ∼600m from the proposed which encompasses all Level A 216.104(a)(11)). project site. harassment (PTS onset) ensonification In evaluating how mitigation may or zones described in Table 5. Therefore, may not be appropriate to ensure the

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least practicable adverse impact on prior to the start of all pile driving The following measures would apply species or stocks and their habitat, as activity, and when new personnel join to Navy’s mitigation requirements: well as subsistence uses where the work, to explain responsibilities, Establishment of Shutdown Zone for applicable, we carefully consider two communication procedures, marine Level A Harassment—For all pile primary factors: mammal monitoring protocol, and driving activities, Navy would establish (1) The manner in which, and the operational procedures; a shutdown zone. The purpose of a degree to which, the successful • For in-water heavy machinery work shutdown zone is generally to define an implementation of the measure(s) is other than pile driving (e.g., standard area within which shutdown of activity expected to reduce impacts to marine barges, etc.), if a marine mammal comes would occur upon sighting of a marine mammals, marine mammal species or within 10 m, operations shall cease and mammal (or in anticipation of an animal stocks, and their habitat. This considers vessels shall reduce speed to the entering the defined area). Conservative the nature of the potential adverse minimum level required to maintain shutdown zones of 25 m for impact and impact being mitigated (likelihood, steerage and safe working conditions. vibratory pile driving activities would scope, range). It further considers the This type of work could include the be implemented for California sea lions. likelihood that the measure will be following activities: (1) Movement of the The placement of PSOs during all pile effective if implemented (probability of barge to the pile location; or (2) driving activities (described in detail in accomplishing the mitigating result if positioning of the pile on the substrate the Monitoring and Reporting Section) implemented as planned), the via a crane (i.e., stabbing the pile); will ensure shutdown zones are visible. likelihood of effective implementation • Though not required, Navy has Establishment of Monitoring Zones for (probability implemented as planned), indicated that in-water pile driving will Level B Harassment—Navy would and; only be conducted at least 30 minutes establish monitoring zones to correlate (2) the practicability of the measures after sunrise and up to 30 minutes with Level B harassment zones which for applicant implementation, which before sunset, when visual monitoring are areas where SPLs are equal to or may consider such things as cost, of marine mammals can be conducted; exceed the 160 dB re: 1 mPa (rms) impact on operations, and, in the case • For those marine mammals for threshold for impact pile driving and of a military readiness activity, which Level B harassment take has not the 126 dB re: 1 mPa (rms) threshold personnel safety, practicality of been requested, in-water pile driving during vibratory pile driving (Table 6). implementation, and impact on the will shut down immediately if such Monitoring zones provide utility for effectiveness of the military readiness species are observed within or entering observing by establishing monitoring activity. the monitoring zone (i.e., Level B protocols for areas adjacent to the In addition to the measures described harassment zone); and shutdown zones. Monitoring zones later in this section, Navy will employ • If take reaches the authorized limit enable observers to be aware of and the following standard mitigation for an authorized species, pile communicate the presence of marine measures: installation will be stopped as these mammals in the project area outside the • Conduct briefings between species approach the Level B shutdown zone and thus prepare for a construction supervisors and crews and harassment zone to avoid additional potential cease of activity should the the marine mammal monitoring team take. animal enter the shutdown zone.

TABLE 6—MONITORING AND SHUTDOWN ZONES FOR EACH PROJECT ACTIVITY

Monitoring Shutdown Source zone zone (m) (m)

Impact pile driving 24-inch octagonal concrete piles ...... 120 25 Impact Pile Driving 24-inch steel pipe piles ...... 1,850 25 Vibratory Pile Driving 24-inch steel pipe piles ...... 2,515 25

Soft Start—The use of soft-start is not required during vibratory pile work can continue even if visibility procedures are believed to provide driving activities. becomes impaired within the Level B additional protection to marine Pre-Activity Monitoring—Prior to the harassment monitoring zone. When a mammals by providing warning and/or start of daily in-water construction marine mammal permitted for take by giving marine mammals a chance to activity, or whenever a break in pile Level B harassment is present in the leave the area prior to the hammer driving of 30 minutes or longer occurs, Level B harassment zone, activities may operating at full capacity. For impact PSOs will observe the shutdown and begin and Level B harassment take will pile driving, contractors would be monitoring zones for a period of 30 be recorded. If work ceases for more required to provide an initial set of minutes. The shutdown zone will be than 30 minutes, the pre-activity strikes from the hammer at reduced cleared when a marine mammal has not monitoring of both the Level B energy, with each strike followed by a been observed within the zone for that harassment and shutdown zone will 30-second waiting period. This 30-minute period. If a marine mammal commence again. procedure would be conducted a total of is observed within the shutdown zone, Due to strong tidal fluctuations and associated currents in San Diego Bay, three times before impact pile driving a soft-start cannot proceed until the animal has left the zone or has not been bubble curtains would not be begins. Soft start would be implemented observed for 15 minutes. If the Level B implemented as they would not be at the start of each day’s impact pile harassment zone has been observed for effective in this environment. driving and at any time following 30 minutes and non-permitted species Based on our evaluation of the cessation of impact pile driving for a are not present within the zone, soft applicant’s proposed measures, NMFS period of 30 minutes or longer. Soft start start procedures can commence and has preliminarily determined that the

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proposed mitigation measures provide Marine Mammal Visual Monitoring (ii) At least one observer must have the means effecting the least practicable prior experience working as an observer; Monitoring shall be conducted by impact on the affected species or stocks (iii) Other observers may substitute NMFS-approved observers. Trained and their habitat, paying particular education (degree in biological science observers shall be placed from the best attention to rookeries, mating grounds, or related field) or training for vantage point(s) practicable to monitor and areas of similar significance. experience; for marine mammals and implement (iv) Where a team of three or more Proposed Monitoring and Reporting shutdown or delay procedures when observers are required, one observer applicable through communication with In order to issue an IHA for an shall be designated as lead observer or the equipment operator. Observer activity, Section 101(a)(5)(D) of the monitoring coordinator. The lead training must be provided prior to MMPA states that NMFS must set forth observer must have prior experience project start, and shall include requirements pertaining to the working as an observer; and instruction on species identification monitoring and reporting of such taking. (v) Navy shall submit observer CVs for (sufficient to distinguish the species in The MMPA implementing regulations at approval by NMFS. the project area), description and 50 CFR 216.104(a)(13) indicate that Additional standard observer categorization of observed behaviors requests for authorizations must include qualifications include: and interpretation of behaviors that may the suggested means of accomplishing • Ability to conduct field be construed as being reactions to the the necessary monitoring and reporting observations and collect data according specified activity, proper completion of that will result in increased knowledge to assigned protocols; data forms, and other basic components of the species and of the level of taking • of biological monitoring, including Experience or training in the field or impacts on populations of marine tracking of observed animals or groups identification of marine mammals, mammals that are expected to be of animals such that repeat sound including the identification of present in the proposed action area. exposures may be attributed to behaviors; Effective reporting is critical both to • individuals (to the extent possible). Sufficient training, orientation, or compliance as well as ensuring that the experience with the construction most value is obtained from the required Monitoring would be conducted 30 operation to provide for personal safety monitoring. minutes before, during, and 30 minutes during observations; after pile driving activities. In addition, Monitoring and reporting • Writing skills sufficient to prepare a observers shall record all incidents of requirements prescribed by NMFS report of observations including but not marine mammal occurrence, regardless should contribute to improved limited to the number and species of of distance from activity, and shall understanding of one or more of the marine mammals observed; dates and document any behavioral reactions in following: times when in-water construction concert with distance from piles being • Occurrence of marine mammal activities were conducted; dates and driven. Pile driving activities include times when in-water construction species or stocks in the area in which the time to install a single pile or series take is anticipated (e.g., presence, activities were suspended to avoid of piles, as long as the time elapsed potential incidental injury from abundance, distribution, density); between uses of the pile driving • Nature, scope, or context of likely construction sound of marine mammals equipment is no more than 30 minutes. observed within a defined shutdown marine mammal exposure to potential At least 1 land-based PSO will be stressors/impacts (individual or zone; and marine mammal behavior; located at the project site, and for the and cumulative, acute or chronic), through Navy has indicated that when possible • better understanding of: (1) Action or Ability to communicate orally, by and appropriate during vibratory pile radio or in person, with project environment (e.g., source driving activities, 1 additional boat- characterization, propagation, ambient personnel to provide real-time based PSO would be located at the edge information on marine mammals noise); (2) affected species (e.g., life of the Level B harassment isopleth (see history, dive patterns); (3) co-occurrence observed in the area as necessary. Figure 1–2 of the Marine Mammal Observers will be required to use of marine mammal species with the Monitoring Plan dated March, 2020). action; or (4) biological or behavioral approved data forms (see proposed data PSOs would scan the waters using context of exposure (e.g., age, calving or collection forms in the applicant’s binoculars, and/or spotting scopes, and feeding areas); Marine Mammal Mitigation and would use a handheld GPS or range- • Monitoring Plan). Among other pieces Individual marine mammal finder device to verify the distance to of information, Navy will record responses (behavioral or physiological) each sighting from the project site. All detailed information about any to acoustic stressors (acute, chronic, or PSOs would be trained in marine implementation of shutdowns, cumulative), other stressors, or mammal identification and behaviors including the distance of animals to the cumulative impacts from multiple and are required to have no other pile and description of specific actions stressors; project-related tasks while conducting that ensued and resulting behavior of • How anticipated responses to monitoring. In addition, monitoring will the animal, if any. In addition, Navy stressors impact either: (1) Long-term be conducted by qualified observers, will attempt to distinguish between the fitness and survival of individual who will be placed at the best vantage number of individual animals taken and marine mammals; or (2) populations, point(s) practicable to monitor for the number of incidences of take. We species, or stocks; marine mammals and implement require that, at a minimum, the • Effects on marine mammal habitat shutdown/delay procedures when following information be collected on (e.g., marine mammal prey species, applicable by calling for the shutdown the sighting forms: acoustic habitat, or other important to the hammer operator. Navy would • Dates and times (begin and end) of physical components of marine adhere to the following PSO all marine mammal monitoring; mammal habitat); and qualifications: • Construction activities occurring • Mitigation and monitoring (i) Independent observers (i.e., not during each daily observation period, effectiveness. construction personnel) are required; including how many and what type of

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piles were driven or removed and by all mitigation shutdowns and the results estimated takes by evaluating this what method (i.e., impact or vibratory); of those actions and an extrapolated information relative to population • Weather parameters and water total take estimate based on the number status. Consistent with the 1989 conditions during each monitoring of marine mammals observed during the preamble for NMFS’s implementing period (e.g., wind speed, percent cover, course of construction. A final report regulations (54 FR 40338; September 29, visibility, sea state); must be submitted within 30 days 1989), the impacts from other past and • The number of marine mammals following resolution of comments on the ongoing anthropogenic activities are observed, by species, relative to the pile draft report. incorporated into this analysis via their location and if pile driving or removal In the event that personnel involved impacts on the environmental baseline was occurring at time of sighting; in the construction activities discover (e.g., as reflected in the regulatory status • Age and sex class, if possible, of all an injured or dead marine mammal, the of the species, population size and marine mammals observed; IHA-holder shall report the incident to growth rate where known, ongoing • PSO locations during marine the Office of Protected Resources (OPR) sources of human-caused mortality, or mammal monitoring; (301–427–8401), NMFS and to the West ambient noise levels). • Distances and bearings of each Coast Region Stranding Coordinator Pile driving activities associated with marine mammal observed to the pile (562–980–3230) as soon as feasible. The the Floating Dry Dock Project, as being driven or removed for each report must include the following outlined previously, have the potential sighting (if pile driving or removal was information: to disturb or displace marine mammals. occurring at time of sighting); • Time, date, and location (latitude/ Specifically, the specified activities may • Description of any marine mammal longitude) of the first discovery (and result in take, in the form of Level B behavior patterns during observation, updated location information if known harassment (behavioral disturbance) including direction of travel and and applicable); from underwater sounds generated from estimated time spent within the Level A • Species identification (if known) or impact and vibratory pile driving. and Level B harassment zones while the description of the animal(s) involved; Potential takes could occur if source was active; • Condition of the animal(s) individuals of California sea lions are • Number of individuals of each (including carcass condition if the present in the ensonified zone when species (differentiated by month as animal is dead); these activities are underway. appropriate) detected within the • Observed behaviors of the No mortality or Level A harassment is monitoring zone, and estimates of animal(s), if alive; anticipated given the nature of the number of marine mammals taken, by • If available, photographs or video activity and measures designed to species (a correction factor may be footage of the animal(s); and minimize the possibility of injury to applied to total take numbers, as • General circumstances under which marine mammals. The potential for appropriate); the animal was discovered. harassment is minimized through the • Detailed information about any NMFS will work with Navy to construction method and the implementation of any mitigation determine what, if anything, is implementation of the planned triggered (e.g., shutdowns and delays), a necessary to minimize the likelihood of mitigation measures (see Proposed description of specific actions that further prohibited take and ensure Mitigation section). ensued, and resulting behavior of the MMPA compliance. Navy must not Navy’s proposed activities are animal, if any; resume their activities until notified by localized and of relatively short • Description of attempts to NMFS. duration (a maximum of 50 days of pile distinguish between the number of driving for 66 piles). The project area is Negligible Impact Analysis and individual animals taken and the also very limited in scope spatially, as Determination number of incidences of take, such as all work is concentrated on a single pier. ability to track groups or individuals; NMFS has defined negligible impact Localized and short-term noise • An extrapolation of the estimated as an impact resulting from the exposures produced by project activities takes by Level B harassment based on specified activity that cannot be may cause short-term behavioral the number of observed exposures reasonably expected to, and is not modifications in pinnipeds. Moreover, within the Level B harassment zone and reasonably likely to, adversely affect the the proposed mitigation and monitoring the percentage of the Level B species or stock through effects on measures are expected to further reduce harassment zone that was not visible; annual rates of recruitment or survival the likelihood of injury, as it is unlikely and (50 CFR 216.103). A negligible impact an animal would remain in close • Submit all PSO datasheets and/or finding is based on the lack of likely proximity to the sound source, as well raw sighting data (in a separate file from adverse effects on annual rates of as reduce behavioral disturbances. the Final Report referenced immediately recruitment or survival (i.e., population- Effects on individuals that are taken above). level effects). An estimate of the number by Level B harassment, on the basis of A draft report would be submitted to of takes alone is not enough information reports in the literature as well as NMFS within 90 days of the completion on which to base an impact monitoring from other similar activities, of marine mammal monitoring, or 60 determination. In addition to will likely be limited to reactions such days prior to the requested date of considering estimates of the number of as increased swimming speeds, issuance of any future IHA for projects marine mammals that might be ‘‘taken’’ increased surfacing time, or decreased at the same location, whichever comes through harassment, NMFS considers foraging (if such activity were occurring) first. The report will include marine other factors, such as the likely nature (e.g., Thorson and Reyff, 2006; HDR, mammal observations pre-activity, of any responses (e.g., intensity, Inc., 2012; Lerma, 2014; ABR, 2016). during-activity, and post-activity during duration), the context of any responses Most likely, individuals will move away pile driving days (and associated PSO (e.g., critical reproductive time or from the sound source and be data sheets), and will also provide location, migration), as well as effects temporarily displaced from the areas of descriptions of any behavioral responses on habitat, and the likely effectiveness pile driving, although even this reaction to construction activities by marine of the mitigation. We also assess the has been observed primarily only in mammals and a complete description of number, intensity, and context of association with impact pile driving.

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The pile driving activities analyzed here • The presumed efficacy of the such species or stocks for taking for are similar to, or less impactful than, proposed mitigation measures in subsistence purposes. numerous other construction activities reducing the effects of the specified Endangered Species Act (ESA) conducted in California, which have activity to the level of least practicable taken place with no known long-term adverse impact. Section 7(a)(2) of the Endangered adverse consequences from behavioral Based on the analysis contained Species Act of 1973 (ESA: 16 U.S.C. harassment. Level B harassment will be herein of the likely effects of the 1531 et seq.) requires that each Federal reduced to the level of least practicable specified activity on marine mammals agency insure that any action it adverse impact through use of and their habitat, and taking into authorizes, funds, or carries out is not mitigation measures described herein consideration the implementation of the likely to jeopardize the continued and, if sound produced by project proposed monitoring and mitigation existence of any endangered or activities is sufficiently disturbing, measures, NMFS preliminarily finds threatened species or result in the animals are likely to simply avoid the that the total marine mammal take from destruction or adverse modification of area while the activity is occurring. the proposed activity will have a designated critical habitat. To ensure While vibratory pile driving associated negligible impact on all affected marine ESA compliance for the issuance of with the proposed project may produce mammal species or stocks. IHAs, NMFS consults internally sounds above ambient at distances of Small Numbers whenever we propose to authorize take several kilometers from the project site, for endangered or threatened species. As noted above, only small numbers thus intruding on some habitat, the No incidental take of ESA-listed of incidental take may be authorized project site itself is located in an species is proposed for authorization or under Sections 101(a)(5)(A) and (D) of industrialized bay, and sounds expected to result from this activity. the MMPA for specified activities other produced by the proposed activities are Therefore, NMFS has determined that than military readiness activities. The anticipated to quickly become formal consultation under section 7 of MMPA does not define small numbers indistinguishable from other the ESA is not required for this action. background noise in Bay as they and so, in practice, where estimated attenuate to near ambient SPLs moving numbers are available, NMFS compares Proposed Authorization the number of individuals taken to the away from the project site. Therefore, As a result of these preliminary most appropriate estimation of we expect that animals annoyed by determinations, NMFS proposes to issue abundance of the relevant species or project sound would simply avoid the an IHA to the Navy for conducting the stock in our determination of whether area and use more-preferred habitats. Floating Dry Dock Project at Naval Base an authorization is limited to small The project also is not expected to San Diego in San Diego, California from numbers of marine mammals. have significant adverse effects on September 15, 2020 to September 14, Additionally, other qualitative factors affected marine mammal habitat. The 2021, provided the previously may be considered in the analysis, such project activities would not modify mentioned mitigation, monitoring, and as the temporal or spatial scale of the existing marine mammal habitat for a reporting requirements are incorporated. activities. significant amount of time. The The Marine Mammal Occurrence and A draft of the proposed IHA can be activities may cause some fish to leave Take Calculation and Estimation found at https:// the area of disturbance, thus temporarily section describes the number of www.fisheries.noaa.gov/permit/ impacting marine mammal foraging California sea lions that could be incidental-take-authorizations-under- opportunities in a limited portion of the exposed to received noise levels that marine-mammal-protection-act. foraging range. However, because of the could cause Level B harassment for the Request for Public Comments short duration of the activities, the Navy’s proposed activities in the project relatively small area of the habitat that area site relative to the total stock We request comment on our analyses, may be affected, the impacts to marine abundance. Based on the estimated the proposed authorization, and any mammal habitat are not expected to stock abundance presented in the 2018 other aspect of this Notice of Proposed cause significant or long-term negative Final SARs (257,606), our analysis IHA for the proposed [action]. We also consequences. shows that less than 1 percent of the request at this time comment on the In summary and as described above, affected stock could be taken by potential Renewal of this proposed IHA the following factors primarily support harassment. as described in the paragraph below. our preliminary determination that the Based on the analysis contained Please include with your comments any impacts resulting from this activity are herein of the proposed activity supporting data or literature citations to not expected to adversely affect the (including the proposed mitigation and help inform decisions on the request for species or stock through effects on monitoring measures) and the this IHA or a subsequent Renewal IHA. annual rates of recruitment or survival: anticipated take of marine mammals, On a case-by-case basis, NMFS may • No mortality or Level A harassment NMFS preliminarily finds that small issue a one-year Renewal IHA following is anticipated or proposed for numbers of marine mammals will be notice to the public providing an authorization; taken relative to the population size of additional 15 days for public comments • The anticipated incidents of Level B the affected species or stocks. when (1) up to another year of identical harassment consist of, at worst, or nearly identical, or nearly identical, temporary modifications in behavior Unmitigable Adverse Impact Analysis activities as described in the Specified that would not result in fitness impacts and Determination Activities section of this notice is to individuals; There are no relevant subsistence uses planned or (2) the activities as described • The specified activity and of the affected marine mammal stocks or in the Specified Activities section of ensonification area is very small relative species implicated by this action. this notice would not be completed by to the overall habitat ranges of Therefore, NMFS has determined that the time the IHA expires and a Renewal California sea lions and does not the total taking of affected species or would allow for completion of the include habitat areas of special stocks would not have an unmitigable activities beyond that described in the significance (BIAs); and adverse impact on the availability of Dates and Duration section of this

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notice, provided all of the following amended, notification is hereby given ‘‘mitigation’’); and requirements conditions are met: that NMFS has issued an incidental pertaining to the mitigation, monitoring • A request for renewal is received no harassment authorization (IHA) to and reporting of such takings are set later than 60 days prior to the needed Atlantic Shores Offshore Wind, LLC forth. Renewal IHA effective date (recognizing (Atlantic Shores) to incidentally harass, The definitions of all applicable that the Renewal IHA expiration date by Level B harassment only, marine MMPA statutory terms cited above are cannot extend beyond one year from mammals during marine site included in the relevant sections below. expiration of the initial IHA); characterization surveys off the coasts of Summary of Request • The request for renewal must New York and New Jersey in the area of include the following: the Commercial Lease of Submerged On November 5, 2019, NMFS received (1) An explanation that the activities Lands for Renewable Energy a request from Atlantic Shores for an to be conducted under the requested Development on the Outer Continental IHA to take marine mammals incidental Renewal IHA are identical to the Shelf (OCS–A 0499) and along potential to marine site characterization surveys activities analyzed under the initial submarine cable routes to a landfall off the coast of New York and New IHA, are a subset of the activities, or location in New York or New Jersey. Jersey in the area of the Commercial Lease of Submerged Lands for include changes so minor (e.g., DATES: This authorization is valid from Renewable Energy Development on the reduction in pile size) that the changes April 20, 2020 through April 19, 2021. do not affect the previous analyses, Outer Continental Shelf (OCS–A 0499) FOR FURTHER INFORMATION CONTACT: mitigation and monitoring and along potential submarine cable Jordan Carduner, Office of Protected requirements, or take estimates (with routes to a landfall location in either Resources, NMFS, (301) 427–8401. the exception of reducing the type or New York or New Jersey. A revised Electronic copies of the applications amount of take); and application was received on December (2) A preliminary monitoring report and supporting documents, as well as a 30, 2019. NMFS deemed that request to showing the results of the required list of the references cited in this be adequate and complete. Atlantic monitoring to date and an explanation document, may be obtained by visiting Shores’ request is for the take of 12 showing that the monitoring results do the internet at: www.fisheries.noaa.gov/ marine mammal species by Level B not indicate impacts of a scale or nature national/marine-mammal-protection/ harassment. Neither Atlantic Shores nor not previously analyzed or authorized; incidental-take-authorizations-other- NMFS expects serious injury or and energy-activities-renewable. In case of mortality to result from this activity and • Upon review of the request for problems accessing these documents, the activity is expected to last no more Renewal, the status of the affected please call the contact listed above. than one year, therefore, an IHA is species or stocks, and any other SUPPLEMENTARY INFORMATION: appropriate. pertinent information, NMFS Background Description of the Proposed Activity determines that there are no more than minor changes in the activities, the The MMPA prohibits the ‘‘take’’ of Atlantic Shores proposes to conduct mitigation and monitoring measures marine mammals, with certain marine site characterization surveys, will remain the same and appropriate, exceptions. Sections 101(a)(5)(A) and including high-resolution geophysical and the findings in the initial IHA (D) of the MMPA (16 U.S.C. 1361 et (HRG) and geotechnical surveys, in the remain valid. seq.) direct the Secretary of Commerce area of Commercial Lease of Submerged (as delegated to NMFS) to allow, upon Lands for Renewable Energy Dated: April 10, 2020. request, the incidental, but not Development on the Outer Continental Donna S. Wieting, intentional, taking of small numbers of Shelf #OCS–A 0499 (Lease Area) and Director, Office of Protected Resources, marine mammals by U.S. citizens who along potential submarine cable routes National Marine Fisheries Service. engage in a specified activity (other than to landfall locations in either New York [FR Doc. 2020–08006 Filed 4–15–20; 8:45 am] commercial fishing) within a specified or New Jersey. BILLING CODE 3510–22–P geographical region if certain findings The purpose of the planned surveys is are made and either regulations are to support the preliminary site issued or, if the taking is limited to characterization, siting, and engineering DEPARTMENT OF COMMERCE harassment, a notice of a proposed design of offshore wind project facilities including wind turbine generators, National Oceanic and Atmospheric incidental take authorization may be offshore substations, and submarine Administration provided to the public for review. Authorization for incidental takings cables within the Lease Area and along [RTID 0648–XR010] shall be granted if NMFS finds that the export cable routes (ECRs). As many as taking will have a negligible impact on three survey vessels may operate Takes of Marine Mammals Incidental to the species or stock(s) and will not have concurrently as part of the planned Specified Activities; Taking Marine an unmitigable adverse impact on the surveys. Underwater sound resulting Mammals Incidental to Marine Site availability of the species or stock(s) for from Atlantic Shores’ planned site Characterization Surveys Off of New taking for subsistence uses (where characterization surveys has the York and New Jersey relevant). Further, NMFS must prescribe potential to result in incidental take of AGENCY: National Marine Fisheries the permissible methods of taking and marine mammals in the form of Service (NMFS), National Oceanic and other ‘‘means of effecting the least behavioral harassment (i.e., Level B Atmospheric Administration (NOAA), practicable adverse impact’’ on the harassment only). The estimated Commerce. affected species or stocks and their duration of the surveys is expected to be ACTION: Notice; issuance of an incidental habitat, paying particular attention to up to 350 total days (including 210 harassment authorization. rookeries, mating grounds, and areas of survey days within the Lease Area and similar significance, and on the 140 survey days within the ECR areas; SUMMARY: In accordance with the availability of such species or stocks for see Table 1) between April 2020 and regulations implementing the Marine taking for certain subsistence uses April 2021. This schedule is based on Mammal Protection Act (MMPA) as (referred to in shorthand as 24-hour operations and includes

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potential down time due to inclement TABLE 1—SUMMARY OF PROPOSED notice, the geotechnical survey activities weather. HRG SURVEY SEGMENTS—Continued not expected to result in the take of marine mammals and are therefore not TABLE 1—SUMMARY OF PROPOSED Duration analyzed further in this document. The HRG SURVEY SEGMENTS Survey segment (survey HRG survey activities planned by days) Atlantic Shores are also described in detail in the notice of proposed IHA (85 Duration All areas combined ...... 350 Survey segment (survey FR 7926; February 12, 2020). The HRG days) equipment that may be used by Atlantic Atlantic Shores’ geotechnical survey Shores are shown in Table 2. The Lease Area ...... 210 activities are described in detail in the literature sources for the sound source Northern ECR ...... 80 notice of proposed IHA (85 FR 7926; levels shown in Table 2 are in Table 2– Southern ECR ...... 60 February 12, 2020). As described in that 2 in the IHA application.

TABLE 2—SUMMARY OF HRG SURVEY EQUIPMENT PROPOSED FOR USE BY ATLANTIC SHORES

Operating Typical frequency Source Beamwidth pulse Pulse HRG equipment category Specific HRG equipment range level (degrees) duration repetition (kHz) (dB rms) (ms) rate

Single Beam Echosounders Kongsberg EA 400 ...... 38 to 200 222.8 31 0.3 10 Teledyne ODOM Echotrac 24 224.6 20 0.3 10 CVM. Sparker ...... Applied Acoustics Dura- 0.25 to 5 211.4 180 2.5 1.6 Spark 240. Sub-Bottom Profiler ...... Edgetech 2000–DSS ...... 2 to 16 178 24 6.3 10 Edgetech 216 ...... 2 to 16 179 17, 20, or 24 10 10 Edgetech 424 ...... 4 to 24 180 71 4 2 Edgetech 512i ...... 0.5 to 12 180 80 10 10 Teledyne Benthos Chirp III 2 to 7 197 100 15 10 10 to 20 205 30 15 10 Kongsberg GeoPulse ...... 2 to 12 214 30, 40, or 55 16 10 Innomar SES–2000 Me- 85 to 115 241 2 2 40 dium-100 Parametric. Boomer ...... Applied Acoustics S-Boom 0.01 to 20 203 80 0.8 3 Triple Plate. Applied Acoustics S-Boom 0.01 to 20 195 98 0.8 3

As described above, detailed Comment 1: The Commission consideration for future ITAs for similar description of Atlantic Shores’ planned recommends that NMFS incorporate the activities and sources. surveys is provided in the notice of actual beamwidth of 100° rather than Comment 2: The Commission proposed IHA (85 FR 7926; February 12, 180° for the Teledyne Benthos Chirp III recommends that NMFS use the out-of- 2020). Since that time, no changes have and 98° rather than 180° for the Applied beam source level of 187 dB re 1 mPa at been made to the activities. Therefore, a Acoustics S-Boom and re-estimate the 1 m from Subacoustech (2018) for the detailed description is not provided Level A and B harassment zones Innomar SES–2000 Medium-100 here. Please refer to that notice for the accordingly. parametric SBP and re-estimate the detailed description of the specified Response: None of the HRG sources Level A and B harassment zones activity. Mitigation, monitoring, and specified by the Commission’s comment accordingly. Otherwise, the Commission reporting measures are described in were determined to be the dominant states that NMFS should use the in- detail later in this document (please see source in terms of Level A/B harassment beam source level and beamwidth to Mitigation and Monitoring and zones and therefore were not used for revise the harassment zones accordingly Reporting below). estimating relevant ensonified zones. for the parametric SBP. Additionally, the Commission’s Response: With respect to the Comments and Responses recommendations would result in Innomar SES–2000 Medium-100 A notice of proposed IHA was harassment zone sizes for these parametric SBP, NMFS has determined published in the Federal Register on particular sources that would be equal that, based on the very narrow beam February 12, 2020 (85 FR 7926). During to, or lesser than, those described in the width of this source (i.e., 2 degrees), it the 30-day public comment period, proposed IHA, and therefore would not is extremely unlikely that a marine NMFS received comment letters from result in a change to the dominant mammal would be exposed to sound the Marine Mammal Commission source used to estimate marine mammal emitted from this particular source. In (Commission) and the New Jersey exposures. As re-modeling these addition, baleen whales are unlikely to Council of Diving Clubs. NMFS has specific sources would not result in any hear signals from this source, which posted the comments online at: changes to marine mammal exposure operates at 85–115 kHz. Therefore, we www.fisheries.noaa.gov/national/ estimates, Level A or Level B have determined the potential for this marine-mammal-protection/incidental- harassment take numbers, or our source to result in take of marine take-authorizations-other-energy- determinations, we have determined mammals is so low as to be activities-renewable. Please see the that taking these steps is not warranted discountable, and re-modeling Commission’s letter for full details for this authorization. NMFS will take harassment isopleths for this source is regarding their recommendations. the Commission’s comments into therefore not warranted.

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Comment 3: The Commission incorporated in future IHAs issued for Response: NMFS appreciates the recommends that NMFS incorporate HRG surveys. Commission’s comments and concurs water depth when considering the beam Comment 4: The Commission with this recommendation. However, width for all sources, including in this recommends that NMFS and BOEM the current Level A harassment User instance single-beam echosounders, expedite efforts to develop and finalize, Spreadsheet does not incorporate shallow-penetration SBPs and boomers, in the next six months, methodological operating frequency or beam width as and revise the Level A and B and signal processing standards for HRG inputs for assessing Level A harassment harassment zones accordingly. sources. Those standards should be zones. The tool referenced by the Response: NMFS agrees with the used by action proponents that conduct Commission is in development and will Commission that water depth should be HRG surveys and that either choose to not be available for use prior to making incorporated in acoustic modeling for conduct in-situ measurements to inform a decision regarding the issuance of this HRG sources and acknowledges that an authorization application or are IHA. In addition, re-estimating the depth was not incorporated in the required to conduct measurements to isopleth distances for Level A modeling of HRG sources that was used fulfill a lease condition set forth by harassment with the incorporation of for modeling exposure estimates in the BOEM. operating frequency and beam width Response: NMFS agrees with the notice of proposed IHA (85 FR 7926; would result in smaller Level A zones Commission that methodological and February 12, 2020). However, NMFS has and would therefore not result in any signal processing standards for HRG confirmed using a recently-developed change in our determination as to sources is warranted and is working on spreadsheet tool that accompanies our whether Level A harassment is a likely developing such standards. However, interim HRG guidance (NMFS, outcome of the activity. Therefore, the NMFS cannot ensure such standards 2019),which incorporates water depth, Level A harassment zones will not be will be developed within the recalculated. Note that the current User that the incorporation of water depth in Commission’s preferred time frame. modeling the HRG sources planned for Spreadsheet is available on our website. Comment 5: The Commission The current interim guidance for use by Atlantic Shores would result recommends that NMFS (1) prohibit only in smaller harassment zones for determining Level B harassment zones Atlantic Shores and other action does incorporate operating frequency some sources, and would not result in proponents from using the impulsive and beam width. We strongly larger zones for any sources. In addition, Level A harassment thresholds for recommend that applicants employ for the source that was determined to be estimating the extents of the Level A these tools, as we believe they are best the dominant source in terms of the harassment zones for non-impulsive currently available methodologies. Level B harassment zone and was sources (i.e., echosounders, shallow- However, applicants are free to develop therefore used to model acoustic penetration SBPs, pingers, etc.) and (2) additional models or use different tools exposures (the AA DuraSpark 240), require action proponents to use the if they believe they are more using our interim guidance (NMFS, correct Level A harassment thresholds representative of real-world conditions. 2019) we determined incorporation of in all future applications. Comment 7: The Commission depth resulted in no change to the Response: NMFS concurs with the recommends that NMFS (1) continue to modeled Level B harassment isopleth. Commission’s recommendation. As prohibit action proponents, including As a result, NMFS will take the described in the notice of proposed IHA, Atlantic Shores, from using a 100-msec Commission’s comments into NMFS does not agree with Atlantic integration time to adjust the SPLrms- consideration for future ITAs for similar Shores’ characterization of certain HRG based source levels when estimating the activities and sources to ensure action sources as impulsive sources. However, Level B harassment zones, (2) ensure proponents incorporate depth into this characterization results in more that the Federal Register notice for the acoustic modeling (as we agree is conservative modeling results. Thus, we final authorization does not incorrectly appropriate). However, as taking this have assessed the potential for Level A state that pulse duration was considered step would not change the modeled harassment to result from the proposed in the estimation of the Level B distances to relevant isopleths for activities based on the modeled Level A harassment zones, and (3) require action dominant sources, and therefore would harassment zones with the proponents to omit any related result in no change to exposure acknowledgement that these zones are discussions regarding integration time estimates, authorized take numbers, or likely conservative. This approach from all future applications to avoid our determinations, NMFS has allows us to assess the impacts of the unnecessary confusion and errors in determined that taking this step for this proposed activity conservatively and is future Federal Register notices. particular authorization is not appropriate in this case. Therefore, it is Response: As the Commission is warranted. We note that the recently- unnecessary to make any changes to the aware, NMFS does not have the developed spreadsheet tool that analysis for this proposed activity. authority to require action proponents accompanies the NMFS interim HRG However, we will proactively work with to omit the discussion of particular guidance, referred to above, was not action proponents to require use of the topics in ITA applications. We will, publicly available at the time the correct Level A harassment thresholds however, continue to prohibit Atlantic Shores IHA application was in all future applications. applicants from using a 100-msec submitted, but is now available to the Comment 6: The Commission integration time to adjust the SPLrms- public upon request. We also note that recommends that NMFS (1) re-estimate based source levels when estimating the the NMFS interim HRG guidance did all of the Level A and B harassment Level B harassment zones, as we have not previously incorporate water depth, zones using its user spreadsheet that done in this IHA. NMFS has removed but a revised version has been incorporates the operating frequency references to the use of pulse duration developed since the notice of proposed and beam width and (2) provide the for the estimation of Level B harassment IHA (85 FR 7926; February 12, 2020) spreadsheet to all action proponents zones. was published, and this version will be that conduct HRG surveys, post it on Comment 8: The Commission shared with applicants from this point NMFS’s website, and require all action recommends that NMFS evaluate the onward. These recent developments proponents to use it for all future HRG- impacts of sound sources consistently will ensure water depth will be related authorizations. across all action proponents and deem

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sources de minimis in a consistent Reports of Comprehensive Assessments cease all activities immediately based manner for all proposed incidental of Marine Mammal, Marine Turtle, and on a vessel strike and will exercise that harassment authorizations and Seabird Abundance and Spatial authority if warranted. rulemakings. This has the potential to Distribution in U.S. waters of the Comment 13: The Commission reduce burdens on both action Western North Atlantic Ocean recommends that NMFS refrain from proponents and NMFS. (AMAPPS), published by the NOAA issuing renewals for any authorization Response: NMFS concurs with the Fisheries Northeast and Southeast and instead use its abbreviated Federal Commission’s recommendation and Fisheries Science Centers, the mean Register notice process. That process is agrees that sound sources should be group size for sei whales was similarly expeditious and fulfills analyzed in a consistent manner and determined to be 1.3 whales (NOAA NMFS’s intent to maximize efficiencies, agrees that sources determined to result Fisheries Northeast and Southeast and that NMFS (1) stipulate that a in de minimis impact should generally Fisheries Science Centers, 2019, 2018, renewal is a one-time opportunity (a) in be considered unlikely to result in take 2017, 2016, 2015, 2014, 2013, 2012, all Federal Register notices requesting under the MMPA. As an example, 2011). However, to be conservative, we comments on the possibility of a NMFS has determined that most types have authorized two takes of sei whales renewal, (b) on its web page detailing of geotechnical survey equipment are to account for the fact that sei whales the renewal process, and (c) in all draft generally unlikely to result in the may be encountered in pairs. and final authorizations that include a incidental take of marine mammals (in Comment 11: The Commission term and condition for a renewal and, the absence of site-specific or species- recommends that NMFS authorize up to (2) if NMFS refuses to stipulate a specific circumstances that may warrant 30 Level B harassment takes of Risso’s renewal being a one-time opportunity, additional analysis). NMFS has not dolphins for Atlantic Shores based on explain why it will not do so in its made such a determination with respect group size. Federal Register notices, on its web to all HRG sources. As NMFS has not Response: Based on AMAPPS survey page, and in all draft and final made a determination that sound from data from 2010 through 2018, the mean authorizations. all HRG sources would be considered de group size for Risso’s dolphins was Response: NMFS does not agree with minimis we cannot rule out the determined to be 5.9 dolphins (NOAA the Commission and, therefore, does not potential for these sources to result in Fisheries Northeast and Southeast adopt the Commission’s the incidental take of marine mammals. Fisheries Science Centers, 2019, 2018, recommendations. NMFS believes IHA Comment 9: The Commission 2017, 2016, 2015, 2014, 2013, 2012, renewals can be appropriate in certain recommends that NMFS consider 2011). We have therefore not followed limited circumstances. NMFS will whether, in such situations involving the recommendation of the Commission provide a more detailed response within HRG surveys, incidental harassment and have authorized 6 takes of Risso’s 120 days, as required by section 202(d) authorizations are necessary given the dolphins based on group size as of the MMPA. small size of the Level B harassment proposed in our notice of proposed IHA Comment 14: The Commission zones, the proposed shut-down (85 FR 7926; February 12, 2020). recommends that, for all authorizations requirements, and the added protection Comment 12: The Commission and rulemakings, NMFS provide afforded by the lease-stipulated recommends that NMFS require separate, detailed explanations for not exclusion zones. Specifically, the Atlantic Shores to report as soon as following or adopting any Commission Commission states that NMFS should possible and cease project activities recommendation. evaluate whether taking needs to be immediately in the event of an Response: NMFS agrees that section authorized for those sources that are not unauthorized injury or mortality of a 202(d) of the MMPA requires that any considered de minimis, including marine mammal from a vessel strike recommendations made by the sparkers and boomers, and for which until the NMFS Office of Protected Commission be responded to within 120 implementation of the various Resources and the NMFS New England/ days of receipt, and that response to mitigation measures should be sufficient Mid-Atlantic Regional Stranding recommendations that are not followed to avoid Level B harassment takes. Coordinator determine whether or adopted must be accompanied by a Response: NMFS has evaluated additional measures are necessary to detailed explanation of the reasons why. whether taking needs to be authorized minimize the potential for additional Therefore, NMFS concurs with the for those sources that are not considered unauthorized takes. Commission’s recommendation that de minimis, including sparkers and Response: NMFS has imposed a suite NMFS provide detailed explanations for boomers, factoring into consideration of measures in this IHA to reduce the not following or adopting any the effectiveness of mitigation and risk of vessel strikes and has not Commission recommendation. monitoring measures, and we have authorized any takes associated with However, NMFS disagrees with the determined that implementation of vessel strikes. However, NMFS does not Commission’s underlying allegation that mitigation and monitoring measures concur and does not adopt the we have not provided the necessary cannot ensure that all take can be recommendation. NMFS does not agree responses, as required by the MMPA. avoided during all HRG survey activities that a blanket requirement for project Section 202(d) requires NMFS to under all circumstances at this time. If activities to cease would be practicable provide detailed explanations of the and when we are able to reach such a for a vessel that is operating on the open reasons why recommendations are not conclusion, we will re-evaluate our water, and it is unclear what mitigation adopted within 120 days, however it determination that incidental take benefit would result from such a does not provide the Commission with authorization is warranted for these requirement in relation to vessel strike. the authority to assess the adequacy of activities. The Commission does not suggest what NMFS’ response, and NMFS believes Comment 10: The Commission measures other than those prescribed in that the explanations provided are recommends that NMFS authorize up to this IHA would potentially prove more sufficient. Regarding certain examples two Level B harassment takes of sei effective in reducing the risk of strike. where NMFS does acknowledge having whales based on group size. Therefore, we have not included this yet to provide the requisite detailed Response: Based on survey data from requirement in the authorization. NMFS explanation, the Commission notes that 2010 through 2018 from the Annual retains authority to modify the IHA and it has been ‘‘over a month’’ with no

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response. However, as noted accurately • Authorized Level B harassment marine mammal stock while allowing by the Commission, the statute requires takes of sei whales has been revised that stock to reach or maintain its only that the explanation be provided from one to two. optimum sustainable population (as within 120 days. described in NMFS’ SARs). While no Comment 15: The New Jersey Council Description of Marine Mammals in the Area of Specified Activity mortality is anticipated or authorized of Diving Clubs recommended that here, PBR is included here as a gross Sections 3 and 4 of the IHA Atlantic Shores take steps to safeguard indicator of the status of the species and application summarize available sport divers that are in the area of other threats. proposed surveys. information regarding status and trends, Response: The commenter’s letter distribution and habitat preferences, Marine mammal abundance estimates focused on specific issues that are not and behavior and life history, of the presented in this document represent germane to our consideration of potentially affected species. Additional the total number of individuals that requested action under the MMPA, and information regarding population trends make up a given stock or the total provided recommendations relating to and threats may be found in NMFS’ number estimated within a particular mitigation of potential impacts to Stock Assessment Reports (SARs; study or survey area. NMFS’ stock recreational divers. NMFS’s proposed www.fisheries.noaa.gov/national/ abundance estimates for most species action—the issuance of an IHA marine-mammal-protection/marine- represent the total estimate of authorizing incidental take of marine mammal-stock-assessments) and more individuals within the geographic area, mammals—necessarily results in general information about these species if known, that comprises that stock. For impacts only to marine mammals and (e.g., physical and behavioral some species, this geographic area may marine mammal habitat. Therefore, the descriptions) may be found on NMFS’ extend beyond U.S. waters. All managed website (www.fisheries.noaa.gov/find- comments are not relevant to NMFS’s stocks in this region are assessed in proposed action. Although NMFS does species). NMFS’ U.S. Atlantic SARs. All values not have the authority to require Table 3 summarizes information presented in Table 3 are the most recent measures specific to diver safety, we related to the population or stock, available at the time of publication and have provided the commenter’s letter to including regulatory status under the Atlantic Shores for their consideration. MMPA and ESA and potential are available in the 2019 draft Atlantic biological removal (PBR), where known. SARs (Hayes et al., 2019), available Changes From the Proposed IHA to For taxonomy, we follow Committee on online at: www.fisheries.noaa.gov/ Final IHA Taxonomy (2019). PBR is defined by the national/marine-mammal-protection/ As described above, the following MMPA as the maximum number of marine-mammal-stock-assessment- revision has been made to authorized animals, not including natural reports-region. take numbers: mortalities, that may be removed from a

TABLE 3—MARINE MAMMALS KNOWN TO OCCUR IN THE SURVEY AREA THAT MAY BE AFFECTED BY ATLANTIC SHORES’ ACTIVITY

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

Toothed whales (Odontoceti)

Sperm whale North Atlantic ...... E; Y 4,349 (0.28; 5,353 (0.12) 6.9 0.0 Rare. (Physeter 3,451; n/a) macrocephalus). Long-finned pilot W North Atlantic ... -; N 39,215 (0.3; 5 18,977 (0.11) 306 21 Rare. whale 30,627; n/a) (Globicephala melas). Atlantic white-sided W North Atlantic ... -; N 93,233 (0.71; 37,180 (0.07) 544 26 Common. dolphin 54,443; n/a) (Lagenorhynchus acutus). Bottlenose dolphin W North Atlantic, -;N 62,851 (0.23; 5 97,476 (0.06) 519 28 Common off- (Tursiops Offshore. 51,914; 2011) shore. truncatus). W North Atlantic, -;N 6,639 (0.41; 48 6.1–13.2 Common near- Northern Coastal 4,759; 2015) shore. Migratory. Common dolphin W North Atlantic ... -;N 172,825 86,098 (0.12) 1,452 419 Common. (Delphinus del- (0.21; phis). 145,216; 2011) Atlantic spotted W North Atlantic ... -;N 39,921 (0.27; 55,436 (0.32) 320 0 Common. dolphin (Stenella 32,032; 2012) frontalis). Risso’s dolphin W North Atlantic ... -;N 35,493 (0.19; 7,732 (0.09) 303 54.3 Rare. (Grampus 30,289; 2011) griseus).

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TABLE 3—MARINE MAMMALS KNOWN TO OCCUR IN THE SURVEY AREA THAT MAY BE AFFECTED BY ATLANTIC SHORES’ ACTIVITY—Continued

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

Harbor porpoise Gulf of Maine/Bay -;N 95,543 (0.31; * 45,089 (0.12) 851 217 Common. (Phocoena of Fundy. 74,034; 2011) phocoena).

Baleen whales (Mysticeti)

North Atlantic right W North Atlantic ... E; Y 428 (0; 418; n/ * 535 (0.45) 0.8 6.85 Occur season- whale a) ally. (Eubalaena glacialis). Humpback whale Gulf of Maine ...... -;N 1,396 (0; * 1,637 (0.07) 22 12.15 Common year (Megaptera 1,380; n/a) round. novaeangliae). Fin whale W North Atlantic ... E; Y 7,418 (0.25; 4,633 (0.08) 12 2.35 Year round in (Balaenoptera 6,025; n/a) continental physalus). shelf and slope waters. Sei whale Nova Scotia ...... E; Y 6,292 (1.015; * 717 (0.30) 6.2 1.0 Year round in (Balaenoptera 3,098; n/a) continental borealis). shelf and slope waters. Minke whale Canadian East -;N 24,202 (0.3; * 2,112 (0.05) 8.0 7.0 Year round in (Balaenoptera Coast. 18,902; n/a) continental acutorostrata). shelf and slope waters.

Earless seals (Phocidae)

Gray seal 6 W North Atlantic ... -;N 27,131 (0.19; ...... 1,389 5,410 Common. (Halichoerus 23,158; n/a) grypus). Harbor seal (Phoca W North Atlantic ... -;N 75,834 (0.15; ...... 2,006 350 Common. vitulina). 66,884; 2012) 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality ex- ceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any spe- cies or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 Stock abundance as reported in NMFS marine mammal stock assessment reports (SAR) except where otherwise noted. SARs available on- line at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks, abundance estimates are actual counts of ani- mals and there is no associated CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate. All values presented here are from the 2019 draft Atlantic SARs (Hayes et al., 2019). 3 This information represents species- or guild-specific abundance predicted by recent habitat-based cetacean density models (Roberts et al., 2016, 2017, 2018). These models provide the best available scientific information regarding predicted density patterns of cetaceans in the U.S. Atlantic Ocean, and we provide the corresponding abundance predictions as a point of reference. Total abundance estimates were produced by computing the mean density of all pixels in the modeled area and multiplying by its area. For those species marked with an asterisk, the avail- able information supported development of either two or four seasonal models; each model has an associated abundance prediction. Here, we report the maximum predicted abundance. 4 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re- moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). Annual M/SI, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, subsistence hunting, ship strike). Annual M/SI values often cannot be determined precisely and is in some cases presented as a minimum value. All M/SI values are as presented in the draft 2019 SARs (Hayes et al., 2019). 5 Abundance estimates are in some cases reported for a guild or group of species when those species are difficult to differentiate at sea. Simi- larly, the habitat-based cetacean density models produced by Roberts et al. (2016, 2017, 2018) are based in part on available observational data which, in some cases, is limited to genus or guild in terms of taxonomic definition. Roberts et al. (2016, 2017, 2018) produced density models to genus level for Globicephala spp. and produced a density model for bottlenose dolphins that does not differentiate between offshore and coastal stocks. 6 NMFS stock abundance estimate applies to U.S. population only, actual stock abundance is approximately 505,000.

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Four marine mammal species that are stock in the wild (Level A harassment); the receiving animals (hearing, listed under the Endangered Species Act or (ii) has the potential to disturb a motivation, experience, demography, (ESA) may be present in the survey area marine mammal or marine mammal behavioral context) and can be difficult and are included in the take request: stock in the wild by causing disruption to predict (Southall et al., 2007, Ellison The North Atlantic right whale, fin of behavioral patterns, including, but et al., 2012). Based on what the whale, sei whale, and sperm whale. We not limited to, migration, breathing, available science indicates and the consulted under section 7 of the ESA nursing, breeding, feeding, or sheltering practical need to use a threshold based with the NMFS Greater Atlantic (Level B harassment). on a factor that is both predictable and Regional Fisheries Office (GARFO) on Authorized takes would be by Level B measurable for most activities, NMFS our authorization of take for these harassment only, in the form of uses a generalized acoustic threshold species; please see the Endangered disruption of behavioral patterns for based on received level to estimate the Species Act section below. individual marine mammals resulting onset of behavioral harassment. NMFS A detailed description of the species from exposure to HRG sources. Based on predicts that marine mammals are likely likely to be affected by Atlantic Shores’ the nature of the activity and the to be behaviorally harassed in a manner surveys, including brief introductions to anticipated effectiveness of the we consider Level B harassment when the species and relevant stocks as well mitigation measures (i.e., exclusion exposed to underwater anthropogenic as available information regarding zones and shutdown measures), noise above received levels of 160 dB re population trends and threats, and discussed in detail below in the 1 mPa (rms) for impulsive and/or information regarding local occurrence, Mitigation section, Level A harassment intermittent sources (e.g., impact pile were provided in the notice of proposed is neither anticipated nor authorized. driving) and 120 dB rms for continuous IHA (85 FR 7926; February 12, 2020). As described previously, no mortality sources (e.g., vibratory driving). Atlantic Since that time, we are not aware of any is anticipated or authorized for this Shores’ proposed activity includes the changes in the status of these species activity. Below we describe how the use of impulsive and intermittent and stocks; therefore, detailed take is estimated. sources (geophysical survey equipment) descriptions are not provided here. Generally speaking, we estimate take therefore use of the 160 dB re 1 mPa Please refer to that notice for these by considering: (1) Acoustic thresholds (rms) threshold is applicable. above which NMFS believes the best descriptions. Please also refer to NMFS’ Level A harassment—NMFS’ available science indicates marine website (www.fisheries.noaa.gov/find- Technical Guidance for Assessing the mammals will be behaviorally harassed species) for generalized species Effects of Anthropogenic Sound on or incur some degree of permanent accounts. Marine Mammal Hearing (Version 2.0) hearing impairment; (2) the area or (Technical Guidance, 2018) identifies Potential Effects of Specified Activities volume of water that will be ensonified dual criteria to assess auditory injury on Marine Mammals and Their Habitat above these levels in a day; (3) the (Level A harassment) to five different The effects of underwater noise from density or occurrence of marine marine mammal groups (based on Atlantic Shores’ survey activities have mammals within these ensonified areas; hearing sensitivity) as a result of the potential to result in behavioral and, (4) and the number of days of exposure to noise from two different harassment of marine mammals in the activities. We note that while these types of sources (impulsive or non- vicinity of the survey area. The notice basic factors can contribute to a basic impulsive). The components of Atlantic of proposed IHA (85 FR 7926; February calculation to provide an initial Shores’ proposed activity that may 12, 2020) included a discussion of the prediction of takes, additional result in the take of marine mammals effects of anthropogenic noise on marine information that can qualitatively include the use of impulsive sources. mammals and the potential effects of inform take estimates is also sometimes We note that sources that operate with underwater noise from Atlantic Shores’ available (e.g., previous monitoring a repetition rate greater than 10 Hz were survey activities on marine mammals results or average group size). Below, we assessed by Atlantic Shores with the and their habitat. That information and describe the factors considered here in non-impulsive (intermittent) source analysis is incorporated by reference more detail and present the take criteria and sources with a repetition into this final IHA determination and is estimate. rate equal to or less than 10 Hz were not repeated here; please refer to the Acoustic Thresholds assessed with the impulsive source notice of proposed IHA (85 FR 7926; criteria. This resulted in all February 12, 2020). Using the best available science, NMFS has developed acoustic echosounders, sparkers, boomers and Estimated Take thresholds that identify the received sub-bottom profilers (with the exception This section provides an estimate of level of underwater sound above which of one: The Innomar SES–2000 the number of incidental takes exposed marine mammals would be Medium-100 parametric sub-bottom authorized through this IHA, which will reasonably expected to be behaviorally profiler) being categorized as impulsive inform both NMFS’ consideration of harassed (equated to Level B for purposes of modeling Level A ‘‘small numbers’’ and the negligible harassment) or to incur PTS of some harassment zones. impact determination. degree (equated to Level A harassment). These thresholds are provided in Harassment is the only type of take Level B Harassment—Though Table 4 below. The references, analysis, expected to result from these activities. significantly driven by received level, and methodology used in the Except with respect to certain activities the onset of behavioral disturbance from development of the thresholds are not pertinent here, section 3(18) of the anthropogenic noise exposure is also described in NMFS 2018 Technical MMPA defines ‘‘harassment’’ as any act informed to varying degrees by other Guidance, which may be accessed at: of pursuit, torment, or annoyance, factors related to the source (e.g., www.fisheries.noaa.gov/national/ which (i) has the potential to injure a frequency, predictability, duty cycle), marine-mammal-protection/marine- marine mammal or marine mammal the environment (e.g., bathymetry), and mammal-acoustic-technical-guidance.

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TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

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

Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area HRG sources but was not incorporated shown in Table 2 and that were in the modeling of HRG sources in the incorporated into the modeling of Here, we describe operational and notice of proposed IHA (85 FR 7926; isopleth distances to the Level B environmental parameters of the activity February 12, 2020). However, also as harassment threshold. that will feed into identifying the area noted above, NMFS has confirmed using ensonified above the acoustic Results of modeling using the a recently-developed spreadsheet tool thresholds, which include source levels methodology described above indicated that accompanies the NMFS interim and transmission loss coefficient. that, of the HRG survey equipment HRG guidance (NMFS, 2019), which planned for use by Atlantic Shores that The proposed survey would entail the incorporates water depth, that the has the potential to result in harassment use of HRG equipment. The distance to incorporation of water depth in of marine mammals, sound produced by the isopleth corresponding to the modeling the HRG sources proposed for the Applied Acoustics Dura-Spark 240 threshold for Level B harassment was use by Atlantic Shores would result sparker would propagate furthest to the calculated for all HRG equipment with only in smaller harassment zones for the potential to result in harassment of some sources, and would not result in Level B harassment threshold (Table 5); marine mammals. NMFS has developed larger zones for any sources. therefore, for the purposes of the an interim methodology for determining NMFS considers the data provided by exposure analysis, it was assumed the the rms sound pressure level (SPLrms) at Crocker and Fratantonio (2016) to Applied Acoustics Dura-Spark 240 the 160-dB isopleth for the purposes of represent the best available information would be active during the entire estimating take by Level B harassment on source levels associated with HRG duration of the surveys. Thus the resulting from exposure to HRG survey equipment and therefore recommends distance to the isopleth corresponding equipment (NMFS, 2019). This that source levels provided by Crocker to the threshold for Level B harassment methodology incorporates frequency and Fratantonio (2016) be incorporated for the Applied Acoustics Dura-Spark and some directionality to refine in the method described above to 240 (estimated at 372 m; Table 5) was estimated ensonified zones. Atlantic estimate isopleth distances to the Level used as the basis of the take calculation Shores used the methods specified in B harassment threshold. In cases when for all marine mammals. Note that this the interim methodology (NMFS, 2019) the source level for a specific type of results in a conservative estimate of the with additional modifications to HRG equipment is not provided in total ensonified area resulting from the incorporate a seawater absorption Crocker and Fratantonio (2016), NMFS proposed activities as Atlantic Shores formula and a method to account for recommends that either the source may not operate the Applied Acoustics energy emitted outside of the primary levels provided by the manufacturer be Dura-Spark 240 during the entire beam of the source. For sources that used, or, in instances where source survey, and for any survey segments in operate with different beam widths, the levels provided by the manufacturer are which it is not ultimately operated the maximum beam width was used. The unavailable or unreliable, a proxy from distance to the Level B harassment lowest frequency of the source was used Crocker and Fratantonio (2016) be used threshold would be less than 372 m when calculating the absorption instead. Table 1 shows the HRG (Table 5). However, as Atlantic Shores coefficient. The formulas used to apply equipment types that may be used cannot predict the precise number of the methodology are described in detail during the planned surveys and the survey days that will require the use of in Appendix B of the IHA application. sound levels associated with those HRG the Applied Acoustics Dura-Spark 240, As described above, NMFS equipment types. Table 2–2 in the IHA it was assumed that it would operated acknowledges that water depth should application shows the literature sources during the entire duration of the also be incorporated in modeling of for the sound source levels that are planned surveys.

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TABLE 5—MODELED RADIAL DISTANCES FROM HRG SURVEY EQUIPMENT TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT AND LEVEL B HARASSMENT THRESHOLDS

Radial distance to Level A harassment threshold Radial (m) * distance to Level B harassment Sound source threshold Low frequency Mid frequency High Phocid (m) cetaceans cetaceans frequency pinnipeds cetaceans (underwater) All marine mammals

Kongsberg EA 400 ...... <1 2 213 <1 172 Teledyne ODOM Echotrac CVM ...... <1 1 220 <1 173 Applied Acoustics Dura-Spark 240 ...... 1 <1 9 1 372 Edgetech 2000–DSS ...... <1 <1 <1 <1 4 Edgetech 216 ...... <1 <1 <1 <1 5 Edgetech 424 ...... <1 <1 <1 <1 6 Edgetech 512i ...... <1 <1 <1 <1 7 Teledyne Benthos Chirp III ...... n/a n/a n/a n/a 71 Kongsberg GeoPulse ...... n/a n/a n/a n/a 231 Innomar SES–2000 Medium-100 Parametric ...... <1 <1 60 <1 116 Applied Acoustics S-Boom Triple Plate ...... <1 <1 38 <1 97 Applied Acoustics S-Boom ...... <1 <1 13 <1 56

* Distances to the Level A harassment threshold based on the larger of the dual criteria (peak SPL and SELcum) are shown. For the Applied Acoustics Dura-Spark 240 the peak SPL metric resulted in larger isopleth distances; for all other sources the SELcum metric resulted in larger isopleth distances.

Predicted distances to Level A SELcum metrics are provided in sub-bottom profilers (with the exception harassment isopleths, which vary based Appendix A of the IHA application. of one: The Innomar SES–2000 on marine mammal functional hearing This model entails the following steps: Medium-100 parametric sub-bottom groups (Table 4), were also calculated. 1. Weighted broadband source levels profiler) being categorized as impulsive The updated acoustic thresholds for were calculated by assuming a flat for purposes of modeling Level A impulsive sounds (such as HRG survey spectrum between the source minimum harassment zones. As noted above, equipment) contained in the Technical and maximum frequency, weighted the NMFS does not agree with this step in Guidance (NMFS, 2018) were presented spectrum according to the marine the modeling assessment, which results as dual metric acoustic thresholds using mammal hearing group weighting in nearly all HRG sources being both cumulative sound exposure level function (NMFS 2018), and summed classified as impulsive. However, we (SELcum) and peak sound pressure level across frequency. note that the classification of the metrics. As dual metrics, NMFS 2. Propagation loss was modeled as a majority of HRG sources as impulsive considers onset of PTS (Level A function of oblique range. results in more conservative modeling harassment) to have occurred when 3. Per-pulse SEL was modeled for a results. Therefore, we are retaining the either one of the two metrics is stationary receiver at a fixed distance off analysis of Level A harassment zones exceeded (i.e., the metric resulting in a straight survey line, using a vessel from the notice of proposed IHA (85 FR the largest isopleth). The SELcum metric transit speed of 3.5 knots and source- 7926; February 12, 2020), though this considers both level and duration of specific pulse length and repetition rate. analysis does incorporate a 10 Hz exposure, as well as auditory weighting The off-line distance is referred to as the repetition rate as a cutoff between functions by marine mammal hearing closest point of approach (CPA) and was impulsive and non-impulse sources. We group. performed for CPA distances between 1 acknowledge that this modeling Modeling of distances to isopleths m and 10 km. The survey line length approach results in zones are likely corresponding to the Level A was modeled as 10 km long (analysis conservative for some sources. harassment threshold was performed for showed longer survey lines increased all types of HRG equipment proposed SEL by a negligible amount). SEL is Modeled isopleth distances to Level A for use with the potential to result in calculated as SPL + 10 log10 T/15 dB, harassment thresholds for all types of harassment of marine mammals. where T is the pulse duration. HRG equipment and all marine mammal Atlantic Shores used a new model 4. The SEL for each survey line was functional hearing groups are shown in developed by JASCO to calculate calculated to produce curves of Table 5. The dual criteria (peak SPL and distances to Level A harassment weighted SEL as a function of CPA SELcum) were applied to all HRG sources isopleths based on both the peak SPL distance. using the modeling methodology as and the SELcum metric. For the peak SPL 5. The curves from Step 4 above were described above, and the largest isopleth metric, the model is a series of used to estimate the CPA distance to the distances for each functional hearing equations that accounts for both impact criteria. group were then carried forward in the seawater absorption and HRG We note that in the modeling methods exposure analysis to be conservative. equipment beam patterns (for all HRG described above and in Appendix A of For the Applied Acoustics Dura-Spark sources with beam widths larger than the IHA application, sources that 240 the peak SPL metric resulted in 90°, it was assumed these sources were operate with a repetition rate greater larger isopleth distances; for all HRG omnidirectional). For the SELcum metric, than 10 Hz were assessed with the non- sources other than the Applied a model was developed that accounts impulsive (intermittent) source criteria Acoustics Dura-Spark 240, the SELcum for the hearing sensitivity of the marine while sources with a repetition rate metric resulted in larger isopleth mammal group, seawater absorption, equal to or less than 10 Hz were distances. Distances to the Level A and beam width for downwards-facing assessed with the impulsive source harassment threshold based on the transducers. Details of the modeling criteria. This resulted in all larger of the dual criteria (peak SPL and methodology for both the peak SPL and echosounders, sparkers, boomers and SELcum) are shown in Table 5.

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Modeled distances to isopleths propose to authorize the take by Level season; thus, a density was calculated corresponding to the Level A A harassment of any marine mammals. for each species for spring, summer, fall harassment threshold are very small and winter. To be conservative, the Marine Mammal Occurrence (< 3 m) for three of the four marine greatest seasonal density calculated for mammal functional hearing groups that In this section we provide the each species was then carried forward may be impacted by the proposed information about the presence, density, in the exposure analysis. Estimated activities (i.e., low frequency and mid or group dynamics of marine mammals seasonal densities (animals per km2) of frequency cetaceans, and phocid that will inform the take calculations. all marine mammal species that may be pinnipeds; see Table 5). Based on the The habitat-based density models taken by the planned survey, for all very small Level A harassment zones for produced by the Duke University survey areas are shown in Tables B–1, these functional hearing groups, the Marine Geospatial Ecology Laboratory B–2 and B–3 in Appendix C of the IHA potential for species within these (Roberts et al., 2016, 2017, 2018) application. The maximum seasonal functional hearing groups to be taken by represent the best available information density values used to estimate take Level A harassment is considered so regarding marine mammal densities in numbers are shown in Table 6 below. low as to be discountable. These three the proposed survey area. The density functional hearing groups encompass all data presented by Roberts et al. (2016, For bottlenose dolphin densities, but one of the marine mammal species 2017, 2018) incorporates aerial and Roberts et al. (2016, 2017, 2018) does listed in Table 3 that may be impacted shipboard line-transect survey data from not differentiate by stock. The Western by the proposed activities. There is one NMFS and other organizations and North Atlantic northern migratory species (harbor porpoise) within the incorporates data from 8 physiographic coastal stock only occurs in coastal high frequency functional hearing group and 16 dynamic oceanographic and waters from the shoreline to that may be impacted by the proposed biological covariates, and controls for approximately the 20-m isobath (Hayes activities. The largest modeled distance the influence of sea state, group size, et al. 2018). As the Lease Area is located to the Level A harassment threshold for availability bias, and perception bias on within depths exceeding 20-m, where the high frequency functional hearing the probability of making a sighting. the offshore stock would typically be group was 220 m (Table 5). However, as These density models were originally expected to occur, all calculated noted above, modeled distances to developed for all cetacean taxa in the bottlenose dolphin exposures within the isopleths corresponding to the Level A U.S. Atlantic (Roberts et al., 2016). In Lease Area were assigned to the offshore harassment threshold are assumed to be subsequent years, certain models have stock. However, both stocks have the conservative. Level A harassment would been updated on the basis of additional potential to occur in the ECR North and also be more likely to occur at close data as well as certain methodological ECR South survey areas. To account for approach to the sound source or as a improvements. Our evaluation of the the potential for mixed stocks within result of longer duration exposure to the changes leads to a conclusion that these ECR North and South, the survey areas sound source, and mitigation represent the best scientific evidence ECR North and South were divided measures—including a 100-m exclusion available. More information is available approximately along the 20-m depth zone for harbor porpoises—are expected online at seamap.env.duke.edu/models/ isobath, which roughly corresponds to to minimize the potential for close Duke-EC-GOM-2015/. Marine mammal the 10-fathom contour on NOAA approach or longer duration exposure to density estimates in the project area navigation charts. As approximately 33 active HRG sources. In addition, the two (animals/km2) were obtained using percent of ECR North and ECR South are HRG sources with the large calculated these model results (Roberts et al., 2016, 20-m or less in depth, 33 percent of the Level A zones are highly directional 2017, 2018). The updated models estimated take calculation for bottlenose (Table 5), which lessens significantly incorporate additional sighting data, dolphins was applied to the Western the likelihood of exposure. Finally, including sightings from the NOAA North Atlantic northern migratory harbor porpoises are a notoriously shy Atlantic Marine Assessment Program for coastal stock and the remaining 67 species which is known to avoid Protected Species (AMAPPS) surveys percent was applied to the offshore vessels, and would also be expected to from 2010–2014 (NEFSC & SEFSC, stock. Similarly, Roberts et al. (2018) avoid a sound source prior to that 2011, 2012, 2014a, 2014b, 2015, 2016). produced density models for all seals source reaching a level that would result For the exposure analysis, density and did not differentiate by seal species. in injury (Level A harassment). data from Roberts et al. (2016, 2017, Because the seasonality and habitat use Therefore, we have determined that the 2018) were mapped using a geographic by gray seals roughly overlaps with that potential for take by Level A harassment information system (GIS). The density of harbor seals in the survey areas, it of harbor porpoises is so low as to be coverages that included any portion of was assumed that modeled takes of seals discountable. As NMFS has determined the survey areas were selected for all could occur to either of the respective that the likelihood of take of any marine potential survey months. For each of the species, thus the total number of mammals in the form of Level A survey areas (i.e., Lease Area, CER North modeled takes for seals was applied to harassment occurring as a result of the and ECR South), the densities of each each species. This approach represents planned surveys is so low as to be species as reported by Roberts et al. a double-counting of expected total seal discountable, we therefore do not (2016, 2017, 2018) were averaged by takes and is therefore conservative.

TABLE 6—MAXIMUM SEASONAL MARINE MAMMAL DENSITIES (NUMBER OF ANIMALS PER 100 KM2) IN THE SURVEY AREAS

Species Lease area ECR North ECR South

North Atlantic right whale ...... 0.087 0.068 0.073 Humpback whale ...... 0.076 0.082 0.103 Fin whale ...... 0.100 0.080 0.057 Sei whale ...... 0.004 0.004 0.002 Minke whale ...... 0.055 0.017 0.019 Sperm Whale ...... 0.013 0.005 0.003

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TABLE 6—MAXIMUM SEASONAL MARINE MAMMAL DENSITIES (NUMBER OF ANIMALS PER 100 KM2) IN THE SURVEY AREAS—Continued

Species Lease area ECR North ECR South

Long-finned pilot whale ...... 0.036 0.012 0.009 Bottlenose dolphin (W. N. Atlantic Coastal Migratory) ...... 21.675 58.524 Bottlenose dolphin (W. N. Atlantic Offshore) ...... 21.752 21.675 58.524 Common dolphin ...... 3.120 1.644 1.114 Atlantic white-sided dolphin ...... 0.487 0.213 0.152 Atlantic spotted dolphin ...... 0.076 0.059 0.021 Risso’s dolphin ...... 0.010 0.001 0.002 Harbor porpoise ...... 2.904 7.357 2.209 Gray seal ...... 4.918 9.737 6.539 Harbor seal ...... 4.918 9.737 6.539 Note: All density values derived from Roberts et al. (2016, 2017, 2018). Densities shown represent the maximum seasonal density values calculated.

Take Calculation and Estimation Atlantic Shores estimates that The number of marine mammals Here we describe how the information planned surveys will achieve a expected to be incidentally taken per provided above is brought together to maximum daily track line distance of 85 day is then calculated by estimating the produce a quantitative take estimate. km per day. This distance accounts for number of each species predicted to In order to estimate the number of the vessel traveling at approximately 3.5 occur within the daily ensonified area marine mammals predicted to be kn and accounts for non-active survey (animals/km2), incorporating the exposed to sound levels that would periods. Based on the maximum estimated marine mammal densities as result in harassment, radial distances to estimated distance to the Level B described above. Estimated numbers of predicted isopleths corresponding to harassment threshold of 372 m (Table 5) each species taken per day are then harassment thresholds are calculated, as and the maximum estimated daily track multiplied by the total number of survey described above. Those distances are line distance of 85 km, an area of 63.675 days (i.e., 350). The product is then then used to calculate the area(s) around km2 would be ensonified to the Level B rounded, to generate an estimate of the the HRG survey equipment predicted to harassment threshold per day during total number of instances of harassment be ensonified to sound levels that Atlantic Shores’ planned surveys. As expected for each species over the exceed harassment thresholds. The area described above, this is a conservative duration of the survey. A summary of estimated to be ensonified to relevant estimate as it assumes the HRG source this method is illustrated in the thresholds in a single day is then that results in the greatest isopleth following formula: calculated, based on areas predicted to Estimated Take = D × ZOI × # of days be ensonified around the HRG survey distance to the Level B harassment equipment and the estimated trackline threshold would be operated at all times Where: D = average species density (per distance traveled per day by the survey during the entire survey, which may not km2) and ZOI = maximum daily vessel. ultimately occur. ensonified area to relevant thresholds.

TABLE 7—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED AND TAKES AS A PERCENTAGE OF POPULATION

Takes by Estimated Takes by Total Level A takes by Level B Total takes instances of Species harassment Level B harassment authorized take as a authorized harassment authorized percentage of population 1

North Atlantic right whale ...... 0 18 9 9 2.2 Humpback whale ...... 0 18 18 18 1.1 Fin whale ...... 0 20 20 20 0.4 Sei whale 2 ...... 0 1 2 2 0.3 Minke whale ...... 0 9 9 9 0.4 Sperm whale 2 ...... 0 2 3 3 0.1 Long-finned pilot whale ...... 0 6 6 6 0.0 Bottlenose dolphin (W.N. Atlantic Coastal Migratory) ...... 0 1,102 1,102 1,102 16.6 Bottlenose dolphin (W.N. Atlantic Offshore) ...... 0 5,113 5,113 5,113 8.1 Common dolphin ...... 0 544 544 544 0.6 Atlantic white-sided dolphin ...... 0 82 82 82 0.2 Atlantic spotted dolphin 2 ...... 0 14 100 100 0.2 Risso’s Dolphin 2 ...... 0 2 6 6 0.1 Harbor porpoise ...... 0 115 115 115 0.3 Harbor seal...... 0 1,404 1,404 1,404 1.9

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TABLE 7—NUMBERS OF POTENTIAL INCIDENTAL TAKE OF MARINE MAMMALS AUTHORIZED AND TAKES AS A PERCENTAGE OF POPULATION—Continued

Takes by Estimated Takes by Total Level A takes by Level B Total takes instances of Species harassment Level B harassment authorized take as a authorized harassment authorized percentage of population 1

Gray seal ...... 0 1,404 1,404 1,404 0.3 1 Calculations of percentage of stock taken are based on the best available abundance estimate as shown in Table 3. In most cases the best available abundance estimate is provided by Roberts et al. (2016, 2017, 2018), when available, to maintain consistency with density estimates derived from Roberts et al. (2016, 2017, 2018). For North Atlantic right whales the best available abundance estimate is derived from the North Atlantic Right Whale Consortium 2019 Annual Report Card (Pettis et al., 2019). For bottlenose dolphins and seals, Roberts et al. (2016, 2017, 2018) provides only a single abundance estimate and does not provide abundance estimates at the stock or species level (respectively), so abundance estimates used to estimate percentage of stock taken for bottlenose dolphins, gray and harbor seals are derived from NMFS SARs (Hayes et al., 2019). 2 The number of authorized takes (Level B harassment only) for these species has been increased from the estimated take number to mean group size (i.e., Risso’s dolphin, sperm whale and Atlantic spotted dolphin) or to account for the fact that the species may be encountered in pairs despite estimated mean group size being less than two (i.e., sei whale). Sources for mean group size estimates are as follows: Risso’s dol- phin: (NOAA Fisheries Northeast and Southeast Fisheries Science Centers, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011); Atlantic spotted dolphin: Herzing and Perrin (2018); sperm whale: Barkaszi and Kelly (2019).

The numbers of takes authorized are could occur to either of the respective Mitigation shown in Table 7. Atlantic Shores did species. Although this is a conservative In order to issue an IHA under not request take authorization for four approach, we authorize the requested Section 101(a)(5)(D) of the MMPA, marine mammal species for which takes take numbers for seals as shown in NMFS must set forth the permissible by Level B harassment were calculated Table 7. methods of taking pursuant to such based on the modeling approach Using the take methodology approach activity, and other means of effecting described above: North Atlantic right, described above, the take estimates for the least practicable impact on such fin, sei, and sperm whale. Though the Risso’s dolphin, spotted dolphin and species or stock and its habitat, paying modeling resulted in estimates of take sperm whale were less than the average particular attention to rookeries, mating for these species as shown in Table 7, group sizes estimated for these species grounds, and areas of similar Atlantic Shores determined that take of (Table 7). However, information on the significance, and on the availability of these species could be avoided due to social structures of these species such species or stock for taking for mitigation. However, given the size of indicates these species are likely to be certain subsistence uses (latter not the modeled Level B harassment zone, encountered in groups. Therefore it is applicable for this action). NMFS the duration of the planned surveys, and reasonable to conservatively assume regulations require applicants for the fact that surveys will occur 24 hours that one group of each of these species incidental take authorizations to include per day, NMFS is not confident that all will be taken during the planned survey. information about the availability and takes of these species could be avoided We therefore authorize the take of the feasibility (economic and technological) due to mitigation, and we therefore average group size for these species to of equipment, methods, and manner of authorize the number of Level B account for the possibility that the conducting such activity or other means harassment takes shown in Table 7. For planned survey encounters a group of of effecting the least practicable adverse fin whales we authorize the number of either of these species (Table 7). impact upon the affected species or takes modeled. For sei and sperm Using the take methodology approach stocks and their habitat (50 CFR whales we authorize takes based on the described above, the take estimate for 216.104(a)(11)). numbers modeled but increased the sei whale resulted in an estimate of one In evaluating how mitigation may or numbers based on mean group size for take. While the mean group size may not be appropriate to ensure the the species (described further below). estimate from AMAPPS survey data least practicable adverse impact on For North Atlantic right whale, we from 2010 through 2018 was 1.3 whales species or stocks and their habitat, as authorize one half of the takes modeled, (NOAA Fisheries Northeast and well as subsistence uses where as we expect that mitigation measures, Southeast Fisheries Science Centers, applicable, we carefully consider two including a 500-m exclusion zone for 2019, 2018, 2017, 2016, 2015, 2014, primary factors: right whales (which exceeds the Level B 2013, 2012, 2011), to be conservative we (1) The manner in which, and the harassment zone by over 100-m and will have authorized the take of two sei degree to which, the successful be implemented during daylight hours) whales to account for the fact that the implementation of the measure(s) is will be at least that effective in reducing species may be encountered in pairs expected to reduce impacts to marine the potential for takes by Level B (NOAA Fisheries Northeast and mammals, marine mammal species or harassment. Southeast Fisheries Science Centers, stocks, and their habitat. This considers As described above, Roberts et al. 2019, 2018, 2017, 2016, 2015, 2014, the nature of the potential adverse (2018) produced density models for all 2013, 2012, 2011) (Table 7). impact being mitigated (likelihood, seals and did not differentiate by seal As described above, NMFS has scope, range). It further considers the species. The take calculation determined that the likelihood of take of likelihood that the measure will be methodology as described above any marine mammals in the form of effective if implemented (probability of resulted in an estimate of 1,404 total Level A harassment occurring as a result accomplishing the mitigating result if seal takes. Based on this estimate, of the planned surveys is so low as to implemented as planned), the Atlantic Shores requested 1,404 takes be discountable; therefore, we do not likelihood of effective implementation each of harbor and gray seals, based on authorize the take of any marine (probability implemented as planned), an assumption that the modeled takes mammals by Level A harassment. and;

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(2) The practicability of the measures 30 minutes past sunset. PSOs would clearance requirement would include for applicant implementation, which establish and monitor the applicable small delphinoids that approach the may consider such things as cost, EZs, Buffer Zone and Monitoring Zone vessel (e.g., bow ride). PSOs would also impact on operations, and, in the case as described above. Visual PSOs must continue to monitor the zone for 30 of a military readiness activity, ensure 360° visual coverage around the minutes after survey equipment is shut personnel safety, practicality of vessel from the most appropriate down or survey activity has concluded. observation posts, and would conduct implementation, and impact on the Ramp-Up of Survey Equipment effectiveness of the military readiness visual observations using binoculars activity. and the naked eye while free from When technically feasible, a ramp-up distractions and in a consistent, procedure would be used for Mitigation Measures systematic, and diligent manner. PSOs geophysical survey equipment capable NMFS has required that the following would estimate distances to marine of adjusting energy levels at the start or mitigation measures be implemented mammals located in proximity to the re-start of survey activities. The ramp- during Atlantic Shores’ planned marine vessel and/or relevant using range up procedure would be used at the site characterization surveys. finders. It would be the responsibility of beginning of HRG survey activities in the Lead PSO on duty to communicate order to provide additional protection to Marine Mammal Exclusion Zones, the presence of marine mammals as well marine mammals near the survey area Buffer Zone and Monitoring Zone as to communicate and enforce the by allowing them to detect the presence Marine mammal exclusion zones (EZ) action(s) that are necessary to ensure of the survey and vacate the area prior would be established around the HRG mitigation and monitoring requirements to the commencement of survey survey equipment and monitored by are implemented as appropriate. equipment operation at full power. protected species observers (PSO) Position data would be recorded using Ramp-up of the survey equipment during HRG surveys as follows: hand-held or vessel global positioning would not begin until the relevant EZs • A 500-m EZ would be required for system (GPS) units for each confirmed and Buffer Zone has been cleared by the North Atlantic right whales; and marine mammal sighting. PSOs, as described above. HRG • A 100-m EZ would be required for equipment would be initiated at their all other marine mammals. Pre-Clearance of the Exclusion Zones lowest power output and would be If a marine mammal is detected Prior to initiating HRG survey incrementally increased to full power. If approaching or entering the EZs during activities, Atlantic Shores would any marine mammals are detected the survey, the vessel operator would implement a 30-minute pre-clearance within the EZs or Buffer Zone prior to adhere to the shutdown procedures period. During pre-clearance monitoring or during ramp-up, the HRG equipment described below. In addition to the EZs (i.e., before ramp-up of HRG equipment would be shut down (as described described above, PSOs would visually begins), the Buffer Zone would also act below). monitor a 200 m Buffer Zone. During as an extension of the 100 m EZ in that Shutdown Procedures use of acoustic sources with the observations of marine mammals within potential to result in marine mammal the 200 m Buffer Zone would also If an HRG source is active and a harassment (i.e., anytime the acoustic preclude HRG operations from marine mammal is observed within or source is active, including ramp-up), beginning. During this period, PSOs entering a relevant EZ (as described occurrences of marine mammals within would ensure that no marine mammals above) an immediate shutdown of the the Buffer Zone (but outside the EZs) are observed within 200 m of the survey HRG survey equipment would be would be communicated to the vessel equipment (500 m in the case of North required. When shutdown is called for operator to prepare for potential Atlantic right whales). HRG equipment by a PSO, the acoustic source would be shutdown of the acoustic source. The would not start up until this 200 m zone immediately deactivated and any Buffer Zone is not applicable when the (or, 500 m zone in the case of North dispute resolved only following EZ is greater than 100 meters. PSOs Atlantic right whales) is clear of marine deactivation. Any PSO on duty would would also be required to observe a 500- mammals for at least 30 minutes. The have the authority to delay the start of m Monitoring Zone and record the vessel operator would notify a survey operations or to call for presence of all marine mammals within designated PSO of the planned start of shutdown of the acoustic source if a this zone. In addition, observation of HRG survey equipment as agreed upon marine mammal is detected within the any marine mammals within the Level with the lead PSO; the notification time applicable EZ. The vessel operator B harassment zone will be documented. should not be less than 30 minutes prior would establish and maintain clear lines The zones described above would be to the planned initiation of HRG of communication directly between based upon the radial distance from the equipment order to allow the PSOs time PSOs on duty and crew controlling the active equipment (rather than being to monitor the EZs and Buffer Zone for HRG source(s) to ensure that shutdown based on distance from the vessel itself). the 30 minutes of pre-clearance. A PSO commands are conveyed swiftly while conducting pre-clearance observations allowing PSOs to maintain watch. Visual Monitoring would be notified again immediately Subsequent restart of the HRG A minimum of one NMFS-approved prior to initiating active HRG sources. equipment would only occur after the PSO must be on duty and conducting If a marine mammal were observed marine mammal has either been visual observations at all times during within the relevant EZs or Buffer Zone observed exiting the relevant EZ, or, daylight hours (i.e., from 30 minutes during the pre-clearance period, until an additional time period has prior to sunrise through 30 minutes initiation of HRG survey equipment elapsed with no further sighting of the following sunset) and 30 minutes prior would not begin until the animal(s) has animal within the relevant EZ (i.e., 15 to and during nighttime ramp-ups of been observed exiting the respective EZ minutes for small odontocetes and seals, HRG equipment. Visual monitoring or Buffer Zone, or, until an additional and 30 minutes for large whales). would begin no less than 30 minutes time period has elapsed with no further Upon implementation of shutdown, prior to ramp-up of HRG equipment and sighting (i.e., minimum 15 minutes for the HRG source may be reactivated after would continue until 30 minutes after small odontocetes and seals, and 30 the marine mammal that triggered the use of the acoustic source ceases or until minutes for all other species). The pre- shutdown has been observed exiting the

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applicable EZ (i.e., the animal is not Areas (DMA) when in effect, and the underway will avoid excessive speed or required to fully exit the Buffer Zone Mid-Atlantic Seasonal Management abrupt changes in direction to avoid where applicable), or, following a Area (SMA) off the entrance to New injury to the sighted cetacean or clearance period of 15 minutes for small York harbor (from November 1 through pinniped. odontocetes and seals and 30 minutes April 30); Atlantic Shores will ensure that vessel for all other species with no further • All vessel operators will reduce operators and crew maintain a vigilant observation of the marine mammal(s) vessel speed to 10 knots (18.5 km/hr) or watch for marine mammals by slowing within the relevant EZ. If the HRG less when any large whale, any mother/ down or stopping the vessel to avoid equipment shuts down for brief periods calf pairs, large assemblages of non- striking marine mammals. Project- (i.e., less than 30 minutes) for reasons delphinoid cetaceans are observed near specific training will be conducted for other than mitigation (e.g., mechanical (within 100 m (330 ft)) an underway all vessel crew prior to the start of or electronic failure) the equipment may vessel; survey activities. Confirmation of the be re-activated as soon as is practicable • All survey vessels will maintain a training and understanding of the at full operational level, without 30 separation distance of 500 m (1640 ft) or requirements will be documented on a minutes of pre-clearance, only if PSOs greater from any sighted North Atlantic training course log sheet. Signing the log have maintained constant visual right whale; sheet will certify that the crew members observation during the shutdown and • If underway, vessels must steer a understand and will comply with the no visual detections of marine mammals course away from any sighted North necessary requirements throughout the occurred within the applicable EZs and Atlantic right whale at 10 knots (18.5 survey activities. km/hr) or less until the 500 m (1640 ft) Buffer Zone during that time. For a Seasonal Operating Requirements shutdown of 30 minutes or longer, or if minimum separation distance has been visual observation was not continued established. If a North Atlantic right As described above, the section of the diligently during the pause, pre- whale is sighted in a vessel’s path, or survey area partially overlaps with a clearance observation is required, as within 100 m (330 ft) to an underway portion of a North Atlantic right whale described above. vessel, the underway vessel must reduce SMA off the port of New York/New The shutdown requirement would be speed and shift the engine to neutral. Jersey. This SMA is active from waived for certain genera of small Engines will not be engaged until the November 1 through April 30 of each delphinids (i.e., Delphinus, North Atlantic right whale has moved year. All survey vessels, regardless of Lagenorhynchus, Stenella, and outside of the vessel’s path and beyond length, would be required to adhere to Tursiops) under certain circumstances. 100 m. If stationary, the vessel must not vessel speed restrictions (<10 kn) when If a delphinid(s) from these genera is engage engines until the North Atlantic operating within the SMA during times visually detected approaching the vessel right whale has moved beyond 100 m; when the SMA is active. In addition, (i.e., to bow ride) or towed survey • All vessels will maintain a between watch shifts, members of the equipment, shutdown would not be separation distance of 100 m (330 ft) or monitoring team would consult NMFS’ required. If there is uncertainty greater from any sighted non-delphinoid North Atlantic right whale reporting regarding identification of a marine cetacean. If sighted, the vessel systems for the presence of North mammal species (i.e., whether the underway must reduce speed and shift Atlantic right whales throughout survey observed marine mammal(s) belongs to the engine to neutral, and must not operations. Members of the monitoring one of the delphinid genera for which engage the engines until the non- team would also monitor the NMFS shutdown is waived), PSOs would use delphinoid cetacean has moved outside North Atlantic right whale reporting best professional judgment in making of the vessel’s path and beyond 100 m. systems for the establishment of DMA. the decision to call for a shutdown. If a survey vessel is stationary, the If NMFS should establish a DMA in the If a species for which authorization vessel will not engage engines until the survey area while surveys are has not been granted, or, a species for non-delphinoid cetacean has moved out underway, Atlantic Shores would which authorization has been granted of the vessel’s path and beyond 100 m; contact NMFS within 24 hours of the but the authorized number of takes have • All vessels will maintain a establishment of the DMA to determine been met, approaches or is observed separation distance of 50 m (164 ft) or whether alteration of survey activities within the area encompassing the Level greater from any sighted delphinoid was warranted to avoid right whales to B harassment isopleth (372 m), cetacean. Any vessel underway remain the extent possible. shutdown would occur. parallel to a sighted delphinoid The mitigation measures are designed cetacean’s course whenever possible, to avoid some instances of Level B Vessel Strike Avoidance and avoid excessive speed or abrupt harassment, and to minimize the Vessel strike avoidance measures changes in direction. Any vessel potential for vessel strikes. Further, we would include, but would not be underway reduces vessel speed to 10 believe the mitigation measures are limited to, the following, except under knots (18.5 km/hr) or less when pods practicable for the applicant to circumstances when complying with (including mother/calf pairs) or large implement. Atlantic Shores plans to these requirements would put the safety assemblages of delphinoid cetaceans are implement mitigation measures in of the vessel or crew at risk: observed. Vessels may not adjust course addition to the measures described • All vessel operators and crew will and speed until the delphinoid above; for information on these maintain vigilant watch for cetaceans cetaceans have moved beyond 50 m additional measures, see Section 11 of and pinnipeds, and slow down or stop and/or the abeam of the underway the IHA application. their vessel to avoid striking these vessel; There are no known marine mammal protected species; • All vessels will maintain a rookeries or mating or calving grounds • All survey vessels, regardless of separation distance of 50 m (164 ft) or in the survey area that would otherwise size, must observe a 10-knot speed greater from any sighted pinniped; and potentially warrant increased mitigation restriction in specific areas designated • All vessels underway will not measures for marine mammals or their by NMFS for the protection of North divert or alter course in order to habitat (or both). The survey would Atlantic right whales from vessel approach any whale, delphinoid occur in an area that has been identified strikes: Any Dynamic Management cetacean, or pinniped. Any vessel as a biologically important area for

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migration for North Atlantic right cumulative), other stressors, or PSOs would be equipped with whales. However, given the small cumulative impacts from multiple binoculars and have the ability to spatial extent of the survey area relative stressors. estimate distances to marine mammals to the substantially larger spatial extent • How anticipated responses to located in proximity to the vessel and/ of the right whale migratory area, the stressors impact either: (1) Long-term or exclusion zone using range finders. survey is not expected to appreciably fitness and survival of individual Reticulated binoculars will also be reduce migratory habitat nor to marine mammals; or (2) populations, available to PSOs for use as appropriate negatively impact the migration of species, or stocks. based on conditions and visibility to North Atlantic right whales, thus • Effects on marine mammal habitat support the monitoring of marine mitigation to address the survey’s (e.g., marine mammal prey species, mammals. Position data would be occurrence in North Atlantic right acoustic habitat, or other important recorded using hand-held or vessel GPS whale migratory habitat is not physical components of marine units for each sighting. Observations warranted. mammal habitat). would take place from the highest Based on our evaluation of the • Mitigation and monitoring available vantage point on the survey required measures, as well as other effectiveness. vessel. General 360-degree scanning measures considered by NMFS, NMFS Monitoring Measures would occur during the monitoring has determined that the mitigation periods, and target scanning by the PSO measures provide the means effecting As described above, visual monitoring would occur when alerted of a marine the least practicable impact on the would be performed by qualified and mammal presence. affected species or stocks and their NMFS-approved PSOs. Atlantic Shores During good conditions (e.g., daylight habitat, paying particular attention to would use independent, dedicated, hours; Beaufort sea state (BSS) 3 or less), rookeries, mating grounds, and areas of trained PSOs, meaning that the PSOs to the maximum extent practicable, similar significance. must be employed by a third-party PSOs would conduct observations when observer provider, must have no tasks the acoustic source is not operating for Monitoring and Reporting other than to conduct observational comparison of sighting rates and In order to issue an IHA for an effort, collect data, and communicate behavior with and without use of the activity, Section 101(a)(5)(D) of the with and instruct relevant vessel crew acoustic source and between acquisition MMPA states that NMFS must set forth with regard to the presence of marine periods. Any observations of marine requirements pertaining to the mammals and mitigation requirements mammals by crew members aboard any monitoring and reporting of such taking. (including brief alerts regarding vessel associated with the survey would The MMPA implementing regulations at maritime hazards), and must have be relayed to the PSO team. 50 CFR 216.104 (a)(13) indicate that successfully completed an approved Data on all PSO observations would requests for authorizations must include PSO training course appropriate for be recorded based on standard PSO the suggested means of accomplishing their designated task. Atlantic Shores collection requirements. This would the necessary monitoring and reporting would provide resumes of all proposed include dates, times, and locations of that will result in increased knowledge PSOs (including alternates) to NMFS for survey operations; dates and times of of the species and of the level of taking review and approval. observations, location and weather; or impacts on populations of marine During survey operations (e.g., any details of marine mammal sightings mammals that are expected to be day on which use of an HRG source is (e.g., species, numbers, behavior); and present in the action area. Effective planned to occur), a minimum of one details of any observed marine mammal reporting is critical both to compliance PSO must be on duty and conducting take that occurs (e.g., noted behavioral as well as ensuring that the most value visual observations at all times on all disturbances). active survey vessels during daylight is obtained from the required Reporting Measures monitoring. hours (i.e., from 30 minutes prior to Monitoring and reporting sunrise through 30 minutes following Within 90 days after completion of requirements prescribed by NMFS sunset) and nighttime ramp-ups of HRG survey activities, a final technical report should contribute to improved equipment. Visual monitoring would will be provided to NMFS that fully understanding of one or more of the begin no less than 30 minutes prior to documents the methods and monitoring following: initiation of HRG survey equipment and protocols, summarizes the data recorded • Occurrence of marine mammal would continue until one hour after use during monitoring, summarizes the species or stocks in the area in which of the acoustic source ceases or until 30 number of marine mammals estimated take is anticipated (e.g., presence, minutes past sunset. PSOs would to have been taken during survey abundance, distribution, density). coordinate to ensure 360° visual activities (by species, when known), • Nature, scope, or context of likely coverage around the vessel from the summarizes the mitigation actions taken marine mammal exposure to potential most appropriate observation posts, and during surveys (including what type of stressors/impacts (individual or would conduct visual observations mitigation and the species and number cumulative, acute or chronic), through using binoculars and the naked eye of animals that prompted the mitigation better understanding of: (1) Action or while free from distractions and in a action, when known), and provides an environment (e.g., source consistent, systematic, and diligent interpretation of the results and characterization, propagation, ambient manner. PSOs may be on watch for a effectiveness of all mitigation and noise); (2) affected species (e.g., life maximum of 4 consecutive hours monitoring. Any recommendations history, dive patterns); (3) co-occurrence followed by a break of at least 2 hours made by NMFS must be addressed in of marine mammal species with the between watches and may conduct a the final report prior to acceptance by action; or (4) biological or behavioral maximum of 12 hours of observation per NMFS. context of exposure (e.g., age, calving or 24-hour period. In cases where multiple In addition to the final technical feeding areas). vessels are surveying concurrently, any report, Atlantic Shores will provide the • Individual marine mammal observations of marine mammals would reports described below as necessary responses (behavioral or physiological) be communicated to PSOs on all survey during survey activities. In the to acoustic stressors (acute, chronic, or vessels. unanticipated event that Atlantic

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Shores’ activities lead to an injury New England/Mid-Atlantic Stranding estimated takes by evaluating this (Level A harassment) of a marine Coordinator as soon as feasible. The information relative to population mammal, Atlantic Shores would report would include the following status. Consistent with the 1989 immediately cease the specified information: preamble for NMFS’s implementing activities and report the incident to the • Time, date, and location (latitude/ regulations (54 FR 40338; September 29, NMFS Office of Protected Resources longitude) of the incident; 1989), the impacts from other past and (OPR) Permits and Conservation • Species identification (if known) or ongoing anthropogenic activities are Division and the NMFS New England/ description of the animal(s) involved; incorporated into this analysis via their Mid-Atlantic Stranding Coordinator. • Vessel’s speed during and leading impacts on the environmental baseline The report would include the following up to the incident; (e.g., as reflected in the regulatory status • information: Vessel’s course/heading and what of the species, population size and • Time, date, and location (latitude/ operations were being conducted (if growth rate where known, ongoing longitude) of the incident; applicable); sources of human-caused mortality, or • Name and type of vessel involved; • Status of all sound sources in use; • ambient noise levels). • Vessel’s speed during and leading Description of avoidance measures/ To avoid repetition, our analysis up to the incident; requirements that were in place at the applies to all the species listed in Table • Description of the incident; time of the strike and what additional 3, given that NMFS expects the • Status of all sound source use in the measures were taken, if any, to avoid anticipated effects of the planned survey 24 hours preceding the incident; strike; to be similar in nature. NMFS does not • • Environmental conditions (e.g., Water depth; anticipate that serious injury or • wind speed and direction, Beaufort sea Environmental conditions (e.g., mortality would occur as a result of state, cloud cover, visibility) wind speed and direction, Beaufort sea Atlantic Shores’ survey, even in the immediately preceding the strike; state, cloud cover, and visibility); absence of mitigation. Thus the • • Estimated size and length of animal Description of all marine mammal authorization does not authorize any observations in the 24 hours preceding that was struck; • Description of the behavior of the serious injury or mortality. As discussed the incident; in the Potential Effects of Specified • Species identification or marine mammal immediately preceding Activities on Marine Mammals and their description of the animal(s) involved; and following the strike; Habitat section, non-auditory physical • Fate of the animal(s); and • If available, description of the effects and vessel strike are not expected • Photographs or video footage of the presence and behavior of any other to occur. Additionally and as discussed animal(s) (if equipment is available). marine mammals immediately Activities would not resume until preceding the strike; previously, given the nature of activity NMFS is able to review the • Estimated fate of the animal (e.g., and sounds sources used and especially circumstances of the event. NMFS dead, injured but alive, injured and in consideration of the required would work with Atlantic Shores to moving, blood or tissue observed in the mitigation, Level A harassment is minimize reoccurrence of such an event water, status unknown, disappeared); neither anticipated nor authorized. We in the future. Atlantic Shores would not and expect that all potential takes would be resume activities until notified by • To the extent practicable, in the form of short-term Level B NMFS. photographs or video footage of the behavioral harassment in the form of In the event that Atlantic Shores animal(s). temporary avoidance of the area, personnel discover an injured or dead reactions that are considered to be of Negligible Impact Analysis and low severity and with no lasting marine mammal, Atlantic Shores would Determination report the incident to the OPR Permits biological consequences (e.g., Southall and Conservation Division and the NMFS has defined negligible impact et al., 2007). NMFS New England/Mid-Atlantic as an impact resulting from the Effects on individuals that are taken Stranding Coordinator as soon as specified activity that cannot be by Level B harassment, on the basis of feasible. The report would include the reasonably expected to, and is not reports in the literature as well as following information: reasonably likely to, adversely affect the monitoring from other similar activities, • Time, date, and location (latitude/ species or stock through effects on will likely be limited to reactions such longitude) of the first discovery (and annual rates of recruitment or survival as increased swimming speeds, updated location information if known (50 CFR 216.103). A negligible impact increased surfacing time, or decreased and applicable); finding is based on the lack of likely foraging (if such activity were • Species identification (if known) or adverse effects on annual rates of occurring). Most likely, individuals will description of the animal(s) involved; recruitment or survival (i.e., population- simply move away from the sound • Condition of the animal(s) level effects). An estimate of the number source and temporarily avoid the area (including carcass condition if the of takes alone is not enough information where the survey is occurring. We animal is dead); on which to base an impact expect that any avoidance of the survey • Observed behaviors of the determination. In addition to area by marine mammals would be animal(s), if alive; considering estimates of the number of temporary in nature and that any marine • If available, photographs or video marine mammals that might be ‘‘taken’’ mammals that avoid the survey area footage of the animal(s); and through harassment, NMFS considers during the survey activities would not • General circumstances under which other factors, such as the likely nature be permanently displaced. Even the animal was discovered. of any responses (e.g., intensity, repeated Level B harassment of some In the unanticipated event of a ship duration), the context of any responses small subset of an overall stock is strike of a marine mammal by any vessel (e.g., critical reproductive time or unlikely to result in any significant involved in the activities covered by the location, migration), as well as effects realized decrease in viability for the IHA, Atlantic Shores would report the on habitat, and the likely effectiveness affected individuals, and thus would incident to the NMFS OPR Permits and of the mitigation. We also assess the not result in any adverse impact to the Conservation Division and the NMFS number, intensity, and context of stock as a whole.

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In addition to being temporary and or authorized, and Level B harassment Canada of approximately 505,000, and short in overall duration, the acoustic of North Atlantic right whales will be abundance is likely increasing in the footprint of the survey is small relative reduced to the level of least practicable U.S. Atlantic EEZ as well as in Canada to the overall distribution of the animals adverse impact through use of (Hayes et al., 2019). in the area and their use of the area. mitigation measures, the authorized The mitigation measures are expected Potential impacts to marine mammal takes of right whales would not to reduce the number and/or severity of habitat were discussed in the notice of exacerbate or compound the ongoing takes by giving animals the opportunity proposed IHA (85 FR 7926; February 12, UME in any way. to move away from the sound source 2020). Marine mammal habitat may be Similarly, no injury or mortality is before HRG survey equipment reaches impacted by elevated sound levels, but expected or authorized for any of the full energy and by establishing zones these impacts would be temporary. other species with UMEs, Level B that will prevent animals from being There are no areas of notable biological harassment will be reduced to the level exposed to higher sound levels that may significance for marine mammal feeding of least practicable adverse impact otherwise result in injury or more severe known to exist in the project area. through use of mitigation measures, and behavioral responses. No Level A Feeding behavior is not likely to be the authorized takes would not harassment, which involves the significantly impacted, as prey species exacerbate or compound the ongoing potential for injury, has been are mobile and are broadly distributed UMEs. For minke whales, although the authorized. Additional vessel strike throughout the project area; therefore, ongoing UME is under investigation (as avoidance requirements will further marine mammals that may be occurs for all UMEs), this event does not mitigate potential impacts to marine temporarily displaced during survey provide cause for concern regarding mammals during vessel transit to and activities are expected to be able to population level impacts, as the likely within the survey area. resume foraging once they have moved population abundance is greater than NMFS concludes that exposures to away from areas with disturbing levels 20,000 whales. Even though the PBR marine mammal species and stocks due of underwater noise. Because of the value is based on an abundance for U.S. to Atlantic Shores’ survey would result temporary nature of the disturbance and waters that is negatively biased and a in only short-term (temporary and short the availability of similar habitat and small fraction of the true population in duration) effects to individuals resources in the surrounding area, the abundance, annual M/SI does not exposed. Marine mammals may impacts to marine mammals and the exceed the calculated PBR value for temporarily avoid the immediate area, food sources that they utilize are not minke whales. With regard to humpback but are not expected to permanently expected to cause significant or long- whales, the UME does not yet provide abandon the area. Major shifts in habitat term consequences for individual cause for concern regarding population- use, distribution, or foraging success are marine mammals or their populations. level impacts. Despite the UME, the not expected. NMFS does not anticipate There are no rookeries, mating areas the authorized takes to impact annual or calving areas known to be relevant population of humpback whales (the West Indies breeding rates of recruitment or survival. biologically important to marine In summary and as described above, population, or distinct population mammals within the survey area. The the following factors primarily support segment (DPS)) remains healthy. The survey area overlaps a portion of a our determination that the impacts West Indies DPS, which consists of the biologically important migratory area for resulting from this activity are not whales whose breeding range includes North Atlantic right whales (effective expected to adversely affect the species the Atlantic margin of the Antilles from March–April and November–December) or stock through effects on annual rates Cuba to northern Venezuela, and whose that extends from Massachusetts to of recruitment or survival: Florida (LaBrecque, et al., 2015). Off the feeding range primarily includes the • No mortality, serious injury, or coasts of New York and New Jersey, this Gulf of Maine, eastern Canada, and Level A harassment is anticipated or biologically important migratory area western Greenland, was delisted. The authorized; extends from the coast to beyond the status review identified harmful algal • The anticipated impacts of the shelf break. Due to the fact that that the blooms, vessel collisions, and fishing activity on marine mammals would survey is temporary and the spatial gear entanglements as relevant threats primarily be in the form of temporary extent of sound produced by the survey for this DPS, but noted that all other behavioral changes due to avoidance of would be very small relative to the threats are considered likely to have no the area around the survey vessel; spatial extent of the available migratory or minor impact on population size or • The availability of alternate areas of habitat in the area, right whale the growth rate of this DPS (Bettridge et similar habitat value (for foraging, etc.) migration is not expected to be al., 2015). As described in Bettridge et for marine mammals that may impacted by the survey. There is no al. (2015), the West Indies DPS has a temporarily vacate the survey area designated critical habitat for any ESA- substantial population size (i.e., during the survey to avoid exposure to listed marine mammals in the survey approximately 10,000; Stevick et al., sounds from the activity; area. 2003; Smith et al., 1999; Bettridge et al., • The survey area does not contain North Atlantic right, humpback, and 2015), and appears to be experiencing known areas of significance for mating minke whales, and gray and harbor seals consistent growth. With regard to gray or calving; are experiencing ongoing UMEs. For and harbor seals, although the ongoing • Effects on species that serve as prey North Atlantic right whales, as UME is under investigation, the UME species for marine mammals from the described above, no injury as a result of does not yet provide cause for concern survey would be minor and temporary the survey is expected or authorized, regarding population-level impacts to and would not be expected to reduce and Level B harassment takes of right any of these stocks. For harbor seals, the the availability of prey or to affect whales are expected to be in the form population abundance is over 75,000 marine mammal feeding; of avoidance of the immediate area of and annual M/SI (345) is well below • The mitigation measures, including the survey. In addition, the number of PBR (2,006) (Hayes et al., 2018). For visual and acoustic monitoring, takes authorized above the Level B gray seals, the population abundance in exclusion zones, and shutdown harassment threshold are minimal (i.e., the United States is over 27,000, with an measures, are expected to minimize 9). As no injury or mortality is expected estimated abundance including seals in potential impacts to marine mammals.

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Based on the analysis contained alternatives with respect to potential Authorization herein of the likely effects of the impacts on the human environment. NMFS has issued an IHA to Atlantic specified activity on marine mammals This action is consistent with Shores for conducting marine site and their habitat, and taking into categories of activities identified in characterization surveys offshore of consideration the implementation of the Categorical Exclusion B4 of the New Jersey and New York, for a period monitoring and mitigation measures, Companion Manual for NAO 216–6A, of one year, provided the previously NMFS finds that the total marine which do not individually or mentioned mitigation, monitoring, and mammal take from the proposed activity cumulatively have the potential for reporting requirements are incorporated. will have a negligible impact on all significant impacts on the quality of the affected marine mammal species or Dated: April 10, 2020. human environment and for which we Donna Wieting, stocks. have not identified any extraordinary Director, Office of Protected Resources, Small Numbers circumstances that would preclude this National Marine Fisheries Service. categorical exclusion. Accordingly, [FR Doc. 2020–07969 Filed 4–15–20; 8:45 am] As noted above, only small numbers NMFS has determined that the proposed of incidental take may be authorized action qualifies to be categorically BILLING CODE 3510–22–P under Sections 101(a)(5)(A) and (D) of excluded from further NEPA review. the MMPA for specified activities other than military readiness activities. The Endangered Species Act DEPARTMENT OF COMMERCE MMPA does not define small numbers and so, in practice, where estimated Section 7(a)(2) of the Endangered National Oceanic and Atmospheric numbers are available, NMFS compares Species Act of 1973 (16 U.S.C. 1531 et Administration seq.) requires that each Federal agency the number of individuals taken to the [RTID 0648–XA117] most appropriate estimation of insure that any action it authorizes, abundance of the relevant species or funds, or carries out is not likely to Mid-Atlantic Fishery Management stock in our determination of whether jeopardize the continued existence of Council (MAFMC); Public Meetings an authorization is limited to small any endangered or threatened species or numbers of marine mammals. result in the destruction or adverse AGENCY: National Marine Fisheries Additionally, other qualitative factors modification of designated critical Service (NMFS), National Oceanic and may be considered in the analysis, such habitat. To ensure ESA compliance for Atmospheric Administration (NOAA), as the temporal or spatial scale of the the issuance of IHAs, NMFS consults Commerce. activities. internally, in this case with the NMFS ACTION: Notice of public meetings. The numbers of marine mammals that GARFO, whenever we propose to we authorize to be taken, for all species authorize take for endangered or SUMMARY: The Mid-Atlantic Fishery and stocks, would be considered small threatened species. Management Council (Council) will relative to the relevant stocks or The NMFS OPR Permits and hold joint public meeting of the Council populations (less than one third of the Conservation Division is authorizing the and the Atlantic States Marine Fisheries best available population abundance for incidental take of four species of marine Commission (ASMFC). all species and stocks) (see Table 7). mammals which are listed under the DATES: The meeting will be held Based on the analysis contained herein ESA: The North Atlantic right, fin, sei Wednesday, May 6, 2020. For agenda of the activity (including the mitigation and sperm whale. We requested details, see SUPPLEMENTARY and monitoring measures) and the initiation of consultation under Section INFORMATION. anticipated take of marine mammals, 7 of the ESA with NMFS GARFO on ADDRESSES: The meeting will be held NMFS finds that small numbers of February 12, 2020, for the issuance of via webinar at the following registration marine mammals will be taken relative this IHA. BOEM consulted with NMFS URL: https://attendee.gotowebinar.com/ to the population size of the affected GARFO under section 7 of the ESA on register/6204543422027821581, species or stocks. commercial wind lease issuance and Webinar ID 918–539–707. site assessment activities on the Atlantic Unmitigable Adverse Impact Analysis Council address: Mid-Atlantic Fishery Outer Continental Shelf in and Determination Management Council, 800 N State St., Massachusetts, Rhode Island, New York Suite 201, Dover, DE 19901; telephone: There are no relevant subsistence uses and New Jersey Wind Energy Areas. The (302) 674–2331. of the affected marine mammal stocks or NMFS GARFO issued a Biological FOR FURTHER INFORMATION CONTACT: species implicated by this action. Opinion concluding that these activities Christopher M. Moore, Ph.D. Executive Therefore, NMFS has determined that may adversely affect but are not likely Director, Mid-Atlantic Fishery the total taking of affected species or to jeopardize the continued existence of Management Council; telephone: (302) stocks would not have an unmitigable the North Atlantic right, fin, and sperm 526–5255. The Council’s website, adverse impact on the availability of whale. The Biological Opinion can be www.mafmc.org also has details on the such species or stocks for taking for found online at: meeting location, proposed agenda, subsistence purposes. www.fisheries.noaa.gov/national/ webinar listen-in access, and briefing marine-mammal-protection/incidental- National Environmental Policy Act materials. take-authorizations-other-energy- To comply with the National activities-renewable. Upon request from SUPPLEMENTARY INFORMATION: The Environmental Policy Act of 1969 the NMFS Office of Protected Resources, proposed agenda is as follows, though (NEPA; 42 U.S.C. 4321 et seq.) and NMFS GARFO issued an amended time blocks are approximate based on NOAA Administrative Order (NAO) incidental take statement associated the pace of discussion, and agenda 216–6A, NMFS must evaluate our with this Biological Opinion to include items may be addressed out of order proposed action (i.e., the promulgation the takes of the ESA-listed marine (changes will be noted on the Council’s of regulations and subsequent issuance mammal species authorized through website when possible.) of incidental take authorization) and this IHA in April, 2020. Wednesday, May 6, 2020

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10 a.m.–12 p.m.: Bluefish Allocation DATES: The Steering Committee will or other auxiliary aids to Marlowe and Rebuilding Amendment (with meet from 1 to 4 p.m. on April 30, 2020. Sabater at (808) 522–8143 or ASMFC Bluefish Board) ADDRESSES: The meetings will be held [email protected], at least 5 • Review Public Comment Summary by web conference. Audio and visual days prior to the meeting date. on the Bluefish Allocation and portions of the web conference can be Authority: 16 U.S.C. 1801 et seq. Rebuilding Amendment Public accessed at: https://wprfmc.webex.com/ Dated: April 13, 2020. Information and Scoping Document join/info.wpcouncilnoaa.gov. Web Tracey L. Thompson, • Provide guidance to the Fishery conference access information will also Management Action Team for the be posted on the Council’s website at Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Bluefish Allocation and Rebuilding www.wpcouncil.org. For assistance with Amendment the web conference connection, contact [FR Doc. 2020–08049 Filed 4–15–20; 8:45 am] 12 p.m.–1:15 p.m.: Lunch the Council office at (808) 522–8220. BILLING CODE 3510–22–P 1:15–3:15 p.m.: Summer Flounder, FOR FURTHER INFORMATION CONTACT: Scup, and Black Sea Bass Marlowe Sabater, (808) 522–8143, or Commercial/Recreational [email protected]. BUREAU OF CONSUMER FINANCIAL PROTECTION Allocation Amendment (with SUPPLEMENTARY INFORMATION: The ASMFC Summer Flounder, Scup, WPSAR steering committee consists of Academic Research Council Meeting and Black Sea Bass Board) the Council’s Executive Director, the • Review Public Comment Summary Director of the NMFS Pacific Islands AGENCY: Bureau of Consumer Financial from the Summer Flounder, Scup, and Fisheries Science Center, and the Protection. Black Sea Bass Commercial/ Regional Administrator of the NMFS ACTION: Notice of public meeting. Recreational Allocation Amendment Pacific Islands Regional Office. You may SUMMARY: Under the Federal Advisory Public Information and Scoping read more about WPSAR at https:// Committee Act (FACA), this notice sets Document www.pifsc.noaa.gov/peer_reviews/ forth the announcement of a public • Provide guidance to the FMAT for wpsar/index.php. meeting of the Academic Research the Summer Flounder, Scup, and Black The public will have an opportunity Council (ARC or Council) of the Bureau Sea Bass Commercial/Recreational to comment during the meeting. The of Consumer Financial Protection Allocation Amendment agenda order may change. The meeting will run as late as necessary to complete (Bureau). The notice also describes the Special Accommodations scheduled business. functions of the Council. The meeting is physically accessible DATES: The meeting date is Friday, May Meeting Agenda to people with disabilities. Requests for 1, 2020, from approximately 2:00 p.m. sign language interpretation or other 1. Introductions. to 4:15 p.m. eastern daylight time. The auxiliary aid should be directed to M. 2. Stock assessment prioritization meeting will take place via conference Jan Saunders, (302) 526–5251, at least 5 process. call. days prior to the meeting date. 3. Modernizing Recreational Fisheries Access: This meeting will be conducted via conference call and is Authority: 16 U.S.C. 1801 et seq. Management Act of 2018, Section 201 process on data call out. open to the general public. Members of Dated: April 13, 2020. 4. Scheduling of data preparation the public will receive the agenda and Tracey L. Thompson, meetings. dial-in information when they RSVP. Acting Deputy Director, Office of Sustainable 5. Discuss and update 5-year stock FOR FURTHER INFORMATION CONTACT: Kim Fisheries, National Marine Fisheries Service. assessment review schedule, George, Outreach and Engagement [FR Doc. 2020–08048 Filed 4–15–20; 8:45 am] including any changes to the Associate, at 202–450–8617, or CFPB_ BILLING CODE 3510–22–P scheduling of reviews for stock [email protected]. If assessments already on the you require this document in an calendar, and any new additions to alternative electronic format, please DEPARTMENT OF COMMERCE the schedule. contact [email protected]. 6. Discuss and update review levels, i.e., SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric whether the stock assessments on I. Background Administration the calendar will be reviewed as benchmark assessments (new Section 2 of the of the ARC Charter [RTID 0648–XA118] assessments) or assessment updates provides that pursuant to the executive Western Pacific Fishery Management (updates of existing models with and administrative powers conferred on Council (Council); Public Meeting recent data). the Bureau by section 1012 of the Dodd- 7. Discuss EFH 5 year reviews and Frank Wall Street Reform and Consumer AGENCY: National Marine Fisheries inclusion of this review in the Protection Act (Dodd-Frank Act), the Service (NMFS), National Oceanic and WPSAR schedule. Director established the Academic Atmospheric Administration (NOAA), 8. Review the upcoming schedule and Research Council under agency Commerce. nominate additional products for authority. Section 3 of the ARC Charter ACTION: Notice; public meeting. review by the Center for states: The committee will (1) provide Independent Experts, if necessary. the Bureau with advice about its SUMMARY: The Western Pacific Stock 9. Other business. strategic research planning process and Assessment Review (WPSAR) Steering 10. Public comment. research agenda, including views on the Committee will convene a public research that the Bureau should conduct meeting to discuss and approve the 5- Special Accommodations relating to consumer financial products year calendar for stock assessments, and The meeting is physically accessible or services, consumer behavior, cost- to address any other concerns related to to people with disabilities. Make direct benefit analysis, or other topics to the WPSAR process. requests for sign language interpretation enable the agency to further its statutory

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purposes and objectives; and (2) provide SUMMARY: Under the Federal Advisory must identify the date, time, location, the Office of Research with technical Committee Act (FACA), this notice sets and title of the meeting or event, the advice and feedback on research forth the announcement of a public nature of the assistance requested, and methodologies, data collection meeting of the Consumer Advisory contact information for the requester. strategies, and methods of analysis, Board (CAB or Board) of the Bureau of The Bureau will strive to provide, but including methodologies and strategies Consumer Financial Protection cannot guarantee that accommodation for quantifying the costs and benefits of (Bureau). The notice also describes the will be provided for late requests. regulatory actions. functions of the Board. Written comments will be accepted from interested members of the public II. Agenda DATES: The meeting date is Friday, May 1, 2020, from approximately 2:00 p.m. and should be sent to CFPB_ The ARC will discuss impacts on to 4:15 p.m. eastern daylight time. This [email protected], a consumers related to the COVID–19 meeting will take place via conference minimum of seven (7) days in advance pandemic. call. of the meeting. The comments will be Persons who need a reasonable Access: This meeting will be provided to the CAB members for accommodation to participate should conducted via conference call and is consideration. Individuals who wish to _ contact CFPB [email protected], open to the general public. Members of join the Board must RSVP via this link 202–435–9EEO, l–855–233–0362, or the public will receive the agenda and https://surveys.consumerfinance.gov/ 202–435–9742 (TTY) at least ten (10) dial-in information when they RSVP. jfe/form/SV_9n9ID9YIWCehylL by noon, business days prior to the meeting or FOR FURTHER INFORMATION CONTACT: Kim April 30, 2020. Members of the public event to request assistance. The request George, Outreach and Engagement must RSVP by the due date. must identify the date, time, location, Associate, Advisory Board and Councils and title of the meeting or event, the III. Availability Office, External Affairs, at 202–450– nature of the assistance requested, and 8617, or email: CFPB_ The Board’s agenda will be made contact information for the requester. [email protected]. If available to the public on Thursday, The Bureau will strive to provide but you require this document in an April 16, 2020, via cannot guarantee that accommodation alternative electronic format, please consumerfinance.gov. Individuals will be provided for late requests. contact [email protected]. should express in their RSVP if they Written comments will be accepted require a paper copy of the agenda. SUPPLEMENTARY INFORMATION: from interested members of the public A recording and summary of this and should be sent to CFPB_ I. Background meeting will be available after the [email protected], a Section 3 of the Charter of the Board meeting on the Bureau’s website minimum of seven (7) days in advance states that: The purpose of the Board is consumerfinance.gov. of the meeting. The comments will be outlined in section 1014(a) of the Dodd- Dated: April, 2020. provided to the ARC members for Frank Wall Street Reform and Consumer consideration. Individuals who wish to Kirsten Sutton, Protection Act, which states that the join the ARC must RSVP via this link Chief of Staff, Bureau of Consumer Financial Board shall ‘‘advise and consult with https://surveys.consumerfinance.gov/ Protection. the Bureau in the exercise of its jfe/form/SV_9n9ID9YIWCehylL by noon, [FR Doc. 2020–07997 Filed 4–15–20; 8:45 am] functions under the Federal consumer April 30, 2020. Members of the public BILLING CODE 4810–AM–P financial laws’’ and ‘‘provide must RSVP by the due date. information on emerging practices in III. Availability the consumer financial products or BUREAU OF CONSUMER FINANCIAL The Council’s agenda will be made services industry, including regional PROTECTION available to the public on Thursday, trends, concerns, and other relevant Community Bank Advisory Council April 16, 2020, via information.’’ Meeting consumerfinance.gov. Individuals To carry out the Board’s purpose, the scope of its activities shall include should express in their RSVP if they AGENCY: providing information, analysis, and Bureau of Consumer Financial require a paper copy of the agenda. Protection. A recording and transcript of this recommendations to the Bureau. The ACTION: Notice of public meeting. meeting will be available after the Board will generally serve as a vehicle for market intelligence and expertise for meeting on the Bureau’s website SUMMARY: Under the Federal Advisory consumerfinance.gov. the Bureau. Its objectives will include identifying and assessing the impact on Committee Act (FACA), this notice sets Dated: April, 2020. consumers and other market forth the announcement of a public Kirsten Sutton, participants of new, emerging, and meeting of the Community Bank Chief of Staff, Bureau of Consumer Financial changing products, practices, or Advisory Council (CBAC or Council) of Protection. services. the Bureau of Consumer Financial [FR Doc. 2020–07993 Filed 4–15–20; 8:45 am] Protection (Bureau). The notice also II. Agenda BILLING CODE 4810–AM–P describes the functions of the Council. The Board will discuss impacts on DATES: The meeting date is Friday, May consumers related to the COVID–19 1, 2020, from approximately 2:00 p.m. CONSUMER FINANCIAL PROTECTION pandemic. to 4:15 p.m. eastern daylight time. This BUREAU Persons who need a reasonable meeting will take place via conference accommodation to participate should call. Consumer Advisory Board Meeting contact [email protected], Access: This meeting will be AGENCY: Bureau of Consumer Financial 202–435–9EEO, 1–855–233–0362, or conducted via conference call and is Protection. 202–435–9742 (TTY) at least ten (10) open to the general public. Members of business days prior to the meeting or the public will receive the agenda and ACTION: Notice of public meeting. event to request assistance. The request dial-in information when they RSVP.

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FOR FURTHER INFORMATION CONTACT: Kim meeting on the Bureau’s website Persons who need a reasonable George, Outreach and Engagement consumerfinance.gov. accommodation to participate should _ Associate, Consumer Advisory Board Dated: April, 2020. contact CFPB [email protected], and Councils Office, External Affairs, at Kirsten Sutton, 202–435–9EEO, 1–855–233–0362, or 202–450–8617, CFPB_CABandCouncils 202–435–9742 (TTY) at least ten (10) Chief of Staff, Bureau of Consumer Financial [email protected]. If you require this Protection. business days prior to the meeting or document in an alternative electronic event to request assistance. The request [FR Doc. 2020–08000 Filed 4–15–20; 8:45 am] format, please contact CFPB_ must identify the date, time, location, [email protected]. BILLING CODE 4810–AM–P and title of the meeting or event, the SUPPLEMENTARY INFORMATION: nature of the assistance requested, and contact information for the requester. I. Background BUREAU OF CONSUMER FINANCIAL PROTECTION The Bureau will strive to provide but Section 2 of the CBAC Charter cannot guarantee that accommodation provides that pursuant to the executive Credit Union Advisory Council Meeting will be provided for late requests. and administrative powers conferred on Written comments will be accepted the Bureau by section 1012 of the Dodd- AGENCY: Bureau of Consumer Financial from interested members of the public Frank Wall Street Reform and Consumer Protection. and should be sent to CFPB_ Protection Act, the Director established ACTION: Notice of public meeting. [email protected], a the Community Bank Advisory Council minimum of seven (7) days in advance SUMMARY: Under the Federal Advisory under agency authority. of the meeting. The comments will be Committee Act (FACA), this notice sets Section 3 of the CBAC Charter states: provided to the CUAC members for forth the announcement of a public ‘‘The purpose of the Advisory Council consideration. Individuals who wish to meeting of the Credit Union Advisory is to advise the Bureau in the exercise join the CUAC must RSVP via this link Council (CUAC or Council) of the of its functions under the Federal https://surveys.consumerfinance.gov/ Bureau of Consumer Financial consumer financial laws as they pertain jfe/form/SV_9n9ID9YIWCehylL by noon, Protection (Bureau). The notice also to community banks with total assets of April 30, 2020. Members of the public describes the functions of the Council. $10 billion or less.’’ must RSVP by the due date. DATES: The meeting date is Friday, May II. Agenda 1, 2020, from approximately 2:00 p.m. III. Availability The Council will discuss impacts on to 4:15 p.m. eastern daylight time. This The Council’s agenda will be made consumers related to the COVID–19 meeting will be held via conference call. available to the public on Thursday, pandemic. Access: This meeting will be April 16, 2020 via consumerfinance.gov. Persons who need a reasonable conducted via conference call and is Individuals should express in their accommodation to participate should open to the general public. Members of RSVP if they require a paper copy of the contact [email protected], the public will receive the agenda and agenda. 202–435–9EEO, 1–855–233–0362, or dial-in information when they RSVP. A recording and summary of this 202–435–9742 (TTY) at least ten (10) FOR FURTHER INFORMATION CONTACT: Kim meeting will be available after the business days prior to the meeting or George, Outreach and Engagement meeting on the Bureau’s website event to request assistance. The request Associate, Consumer Advisory Board consumerfinance.gov. must identify the date, time, location, and Councils Office, External Affairs, at and title of the meeting or event, the 202–450–8617, CFPB_ Kirsten Sutton, nature of the assistance requested, and [email protected]. If Chief of Staff, Bureau of Consumer Financial contact information for the requester. you require this document in an Protection. The Bureau will strive to provide but alternative electronic format, please [FR Doc. 2020–07996 Filed 4–15–20; 8:45 am] cannot guarantee that accommodation contact [email protected]. BILLING CODE 4810–AM–P will be provided for late requests. SUPPLEMENTARY INFORMATION: Written comments will be accepted from interested members of the public I. Background DEPARTMENT OF DEFENSE and should be sent to CFPB_ Section 2 of the CUAC Charter [email protected], a provides that pursuant to the executive Department of the Army, Army Corps minimum of seven (7) days in advance and administrative powers conferred on of Engineers of the meeting. The comments will be the Bureau by section 1012 of the Dodd- Notice of Intent To Prepare provided to the CBAC members for Frank Wall Street Reform and Consumer Supplemental Environmental Impact consideration. Individuals who wish to Protection Act (Dodd-Frank Act), the Statement for the Yazoo Area Pump join the Council must RSVP via this link Director established the Credit Union Project https://surveys.consumerfinance.gov/ Advisory Council under agency jfe/form/SV_9n9ID9YIWCehylL by noon, authority. AGENCY: U.S. Army Corps of Engineers, April 30, 2020. Members of the public Section 3 of the CUAC Charter states: DoD. must RSVP by the due date. ‘‘The purpose of the Advisory Council ACTION: Notice of Intent. is to advise the Bureau in the exercise III. Availability of its functions under the Federal SUMMARY: The U.S. Army Corps of The Council’s agenda will be made consumer financial laws as they pertain Engineers (‘‘USACE’’), Vicksburg available to the public on Thursday, to credit unions with total assets of $10 District, is announcing its intent to April 16, 2020, via billion or less.’’ prepare a Supplemental Environmental consumerfinance.gov. Individuals Impact Statement (SEIS) for the Yazoo should express in their RSVP if they II. Agenda Basin Reformulation Study, Yazoo require a paper copy of the agenda. The Council will discuss impacts on Backwater Area, 58 FR 52, 103 (October A recording and summary of this consumers related to the COVID–19 6, 1993). Recent floods and new data on meeting will be available after the pandemic. the environment in the Yazoo

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Backwater Area prompted this new risks from Mississippi River. Though it initiated in 1986 but was halted by project proposal. In 9 out of the last 10 prevents Mississippi River floodwaters WRDA 1986, which required years, the Yazoo Backwater Area has from entering the Yazoo Backwater construction and operation and experienced significant flooding. In Area, it also prevents water from leaving maintenance to be cost shared by a non- particular, the historic flood of 2019 the area, often trapping the water from federal sponsor. Guidance from OMB in caused two deaths, caused hundreds of the 4,093 square mile drainage area for fiscal year 1991 Budget Pass-backs millions of dollars in damages, flooded extended periods of time. This trapped directed the Corps to reformulate Yazoo over 600 homes, and significantly water effectively creates an artificial Basin Projects to provide: (1) Greater adversely affected the aquatic and lake that is uninhabitable by nearly all levels of flood protection to urban areas, terrestrial environment. The recurring species. The historic 2019 flood (2) reduce levels of agricultural flooding has demonstrated the need to inundated over a half million acres of intensification, and (3) reduced adverse complete the Yazoo Area Pump Project the Yazoo Backwater Area from impacts to the environment. In 1993 feature. New, previously unavailable February to August. The Yazoo USACE filed a Notice of Intent to file a data indicates that the environmental Backwater area also has experienced Supplemental EIS and initiated impacts to wetlands and other resources significant flooding 9 out of the last 10 reformulation of the project according to from a pumping plant would be far less years. Aquatic species are acutely the above guidelines. WRDA 1996 than calculated in the 2007 FSEIS. The affected by low dissolved oxygen changed the cost sharing requirements Supplemental Environmental Impact created by the stagnant conditions. back to those in the original Statement will tier from and update the Terrestrial species must flee or face authorization. In 2000 USACE released 2007 FSEIS with new data. It will not mortality by the significant depth of the the draft SEIS for comment. In 2007, reformulate the broad array of water and lack of food. The human after completing additional analyses and alternatives previously examined in the population of the Yazoo Backwater Area revisions in response to comments, 2007 FSEIS, but will analyze a new also suffers significantly. In 2019, USACE completed the Final Report, project proposal to build the pump hundreds were displaced from their which included the Reformulation project (the Proposed Action) in light of flooded homes for over six months and Study and FSEIS. In August 2008 it was the new data. The Supplemental the entire crop season was lost for vetoed by the EPA under 404(c) of the Environmental Impact Statement will farmers in the affected area. The effects Clean Water Act due to adverse also examine environmental measures on terrestrial and aquatic life were also environmental effects. to mitigate the low dissolved oxygen devastating. The event would have been 2. Proposed Action. The Proposed content in the Yazoo Backwater Area, several feet lower and lasted for fewer Action is a new project proposal to which is currently detrimental to months if the Yazoo Area Pump Project complete the Yazoo Area Pump Project aquatic species. feature had been completed, averting feature to alleviate the flood damage in ADDRESSES: U.S. Army Corps of impacts to both natural resources and the Yazoo Backwater Area. The Engineers, Vicksburg District, ATTN: reducing non-agricultural economic structural component consists of a CEMVK–PPMD, 4155 East Clay Street, damages by more than 50%, and 14,000 cubic feet per second (cfs) pump Room 248, Vicksburg, MS 39183. reducing damages to homes from activated at elevation 87 feet (ft). FOR FURTHER INFORMATION CONTACT: flooding. Other completed features of National Geodetic Vertical Datum Comments and questions regarding the the Yazoo Backwater Project include the (NGVD). The proposed location being Supplement should be submitted to Steele Bayou, Little Sunflower, and considered for the pumping station will USACE by email to YazooBackwater@ Muddy Bayou control structures along be near Deer Creek in Warren County, usace.army.mil; or by postal mail to the with a 15 mile long connecting channel MS. The Proposed Action’s above address; or by phone to Mr. between the Steel Bayou and Little nonstructural component is to purchase Kenneth Parrish at 601–631–5006. For Sunflower Control Structures. These easements from willing sellers on additional information, including but features were completed between 1969 cleared agricultural lands below not limited to a copy of the 2007 FSEIS, and 1978. The Yazoo Area Pump Project elevation 87 ft. NGVD and subsequent please visit the Project website at the is the only feature of the Yazoo reforestation. A new environmental following link: https:// Backwater Project that remains mitigation feature of the Proposed www.mvk.usace.army.mil/Missions/ unconstructed, and the Yazoo Action will be the installation of well Programs-and-Project-Management/ Backwater Area is the only major fields adjacent to the Mississippi River Project-Management/Yazoo-Backwater- backwater area in the Mississippi River levee upstream of the backwater area. Report/. and Tributaries Project (MR&T) that The augmented flow will improve SUPPLEMENTARY INFORMATION: does not have a pumping plant. The aquatic habitat, particularly for 1. Project Background and Yazoo Area Pump Project has been endangered mussel species. New data Authorization. The Yazoo Basin, Yazoo extensively reformulated over the past shows that previously calculated Backwater, Mississippi, Project, of six decades to balance flood risk adverse impacts to wetlands in the 2007 which the Yazoo Area Pump Project is reduction with environmental concerns. FSEIS overestimated the potential a part, was authorized by the Flood Previous recommended plans called for impacts of the proposed pumping plant Control Act (FCA) of 18 August 1941 pumping nearly double the amount of given available data at the time. For House Document (HD) 359/77/1, as water and activating the pumps at a further information refer to ‘‘Forested amended by the Acts of 22 December much lower elevations in the Yazoo Wetland Hydrology in a Large 1944 and 27 October 1965 (HD 308/88/ Backwater Area to address flooding. The Mississippi River Tributary System’’ by 2) and the Water Resources 2007 FSEIS Plan combined structural Berkowitz, J.F., D.R. Johnson, and J.J. Development Act (WRDA) of 1986 and and nonstructural means to strike a Price, published in the Wetlands Journal 1996. In 2020, Congress provided balance of flood risk reduction and in December 2019 and available at funding for environmental environmental effects. The following is https://link.springer.com/article/ documentation. One of the authorized a brief summary of the timeline: In 1982 10.1007/s13157-019-01249-5 or at the features, the Yazoo Backwater Levee, USACE filed an EIS for the Yazoo Area Project website. The Supplemental was completed in 1978 to reduce flood Pump Project. Construction was Environmental Impact Statement will

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include a new 404(b)1 evaluation under individuals. The public meeting date Impact Statement will analyze the Clean Water Act. will also be advertised in local environmental and adaptive 3. Alternatives. The 2007 FSEIS newspapers. Members of the public are management plans to reduce the spatial evaluated a broad array of alternatives, encouraged to submit written comments extent and duration of hypoxia and including the No-Action alternative, in accordance with established improve environmental flows, nonstructural alternatives, structural timeframes. particularly during the fall season. alternatives, and combinations of 6. Potentially Significant Issues. The Environmental Justice: Backwater structural and nonstructural Supplemental Environmental Impact flooding causes severe economic alternatives. Reformulation will not be Statement will provide updated data damages to all populations in the Yazoo included in the Supplemental and analyses on the following resources: Backwater Area by destroying homes, Environmental Impact Statement. The bottomland hardwoods, wetlands, farmland, and wildlife resources; the Supplemental Environmental Impact endangered species, waterfowl, harm was especially severe in 2019. As Statement will focus primarily on fisheries, water quality, downstream this Notice is published, the Yazoo updating the 2007 FSEIS where effects, cultural resources, Backwater is again experiencing another necessary and incorporating the new, environmental justice, recreation, and significant flood. In February of 2020 previously unavailable, scientific data to more. Wetlands, downstream effects, the water peaked only 2 feet lower than analyze the Proposed Action and aquatics and environmental justice are in 2019. After dropping slightly in compare it to the 2007 FSEIS. discussed briefly below. March, the Yazoo Backwater is expected 4. Scoping. USACE conducted Wetlands: Wetlands impacts were a to peak again at least 96 ft. NGVD, extensive scoping for the 2007 FSEIS so substantial source of concern among flooding over 450,000 acres of land. scoping will be comparatively limited commenters and the primary reason for 7. Availability. The schedule for the and there will not be any additional the EPA 404(c) veto in 2008. The 2019 Draft Supplemental Environmental public scoping meetings. However, the flood demonstrated that prolonged Impact Statement anticipates the release public is invited to provide scoping flooding can result in significant of the draft Supplemental comments at the project email address: adverse effects to wildlife populations Environmental Impact Statement by [email protected] (or and natural habitats associated with USACE for public review and comment via post mail). Please provide comments wetland areas. Unlike typical river in October 2020. After it is published, by June 15, 2020. Potential participating flooding, backwater floods in the Yazoo as described above, USACE will hold a local, state, and Federal agencies and Backwater Area consist of trapped virtual public comment meeting to affected Indian tribes that have an water, typically loaded with agricultural present the results of studies, to receive interest in the area are being contacted. runoff and organic matter from forested comments and to address questions The purpose of this Notice of Intent is areas. The backwater pool rises and falls concerning the proposed action. to provide public notice on the slowly and remains stagnant for long Vicksburg District’s intent to prepare a periods of time. The extended duration Edward E. Belk, Jr, Supplemental Environmental Impact and magnitude of the 2019 flood Director of Programs, Mississippi Valley Statement based on new data. The contributed to the degradation of Division, US Army Corps of Engineers. Supplement will also provide further aquatic habitats resulting from poor [FR Doc. 2020–07966 Filed 4–15–20; 8:45 am] information on the humanitarian and water quality conditions created by the BILLING CODE 3720–58–P ecological damage caused by backwater flooding. flooding in the Yazoo Backwater Area, Downstream Effects: Recent studies have shown that the downstream and analyze how the Proposed Action DEPARTMENT OF EDUCATION will lessen those impacts. impacts will be insignificant because 5. Public Meeting: During the COVID– the total load of nutrients and organic [Docket No.: ED–2020–SCC–0024] 19 public health emergency, USACE carbon that will be exported must consider the health and safety of downstream would not be altered as a Agency Information Collection employees, federal, state, and local result of pump operations. The Activities; Submission to the Office of stakeholders, and the general public. It additional water from 14,000 cfs pumps, Management and Budget for Review is anticipated that a virtual public operating at full capacity, is less than and Approval; Comment Request; meeting will be held in conjunction 1% of the Mississippi River highwater Grant Application Form for Project with publishing the Draft Supplemental flow, representing a nearly Objectives and Performance Measures Environmental Impact Statement for immeasurable contribution to the Information public comment, which is planned for outflow at the Vicksburg Gage. The October 2020. The exact date, time, and additional flow would only increase the AGENCY: Office of the Secretary (OS), location of the public meeting will be water surface at the Vicksburg Gage by Department of Education (ED). publicly announced in advance by less than a tenth of one foot, which has ACTION: Notice. USACE on the Project website and by no appreciable effect to downstream SUMMARY: In accordance with the any other means deemed appropriate. flooding. The public meeting will be streamed via Aquatics: New data shows severe Paperwork Reduction Act of 1995, ED is live video through official USACE social hypoxia occurs during major backwater proposing an extension of an existing media channels, which will allow flood events and this hypoxia negatively information collection. USACE to present information to a affects fish species and other aquatic DATES: Interested persons are invited to larger audience, and to receive organisms. Flood-induced hypoxia submit comments on or before May 18, additional comments. Notices of the during the spring and early summer 2020. public meeting will be sent by USACE likely impacts successful spawning and ADDRESSES: Written comments and through email distribution lists; posted rearing regardless of aquatic habitats. recommendations for proposed on the Project website and official The juvenile and adult life stages that information collection requests should USACE social media channels; and do survive through the flood season are be sent within 30 days of publication of mailed to public libraries, government faced with extreme low flows during the this notice to www.reginfo.gov/public/ agencies, and interested groups and fall. The Supplemental Environmental do/PRAMain. Find this particular

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information collection request by The Grant Application Form for The full agenda will be posted in selecting ‘‘Department of Education’’ Project Objectives and Performance advance on the EAC website: https:// under ‘‘Currently Under Review,’’ then Measures Information form and www.eac.gov. check ‘‘Only Show ICR for Public instructions are used by many ED Status: This hearing will be open to Comment’’ checkbox. discretionary grant programs to enable the public. FOR FURTHER INFORMATION CONTACT: For grantees to meet ED deadline dates for FOR FURTHER INFORMATION CONTACT: specific questions related to collection submission of performance reports to Kristen Muthig, Telephone: (202) 897– activities, please contact Alfreida the Department. 9285, Email: [email protected]. Pettiford, 202–245–6110. Dated: April 13, 2020. Amanda Joiner, SUPPLEMENTARY INFORMATION: The Stephanie Valentine, Associate Counsel, U.S. Election Assistance Department of Education (ED), in PRA Coordinator, Strategic Collections and Commission. accordance with the Paperwork Clearance, Governance and Strategy Division, [FR Doc. 2020–08027 Filed 4–15–20; 8:45 am] Reduction Act of 1995 (PRA) (44 U.S.C. Office of Chief Data Officer, Office of BILLING CODE P 3506(c)(2)(A)), provides the general Planning, Evaluation and Policy public and Federal agencies with an Development. opportunity to comment on proposed, [FR Doc. 2020–08066 Filed 4–15–20; 8:45 am] DEPARTMENT OF ENERGY revised, and continuing collections of BILLING CODE 4000–01–P information. This helps the Department [DOE Docket No. PP–362–1] assess the impact of its information collection requirements and minimize ELECTION ASSISTANCE COMMISSION Application To Rescind Presidential the public’s reporting burden. It also Permit; Application for Presidential helps the public understand the Public Hearing: Election Response to Permit; Champlain Hudson Power Department’s information collection COVID–19 Administering Elections Express, Inc. and CHPE, LLC During the Coronavirus Crisis requirements and provide the requested AGENCY: Office of Electricity, data in the desired format. ED is AGENCY: U.S. Election Assistance Department of Energy. soliciting comments on the proposed Commission. ACTION: Notice of application. information collection request (ICR) that ACTION: Sunshine Act Notice; Notice of is described below. The Department of SUMMARY: Champlain Hudson Power Public Hearing Agenda. Education is especially interested in Express, Inc. (CHPEI) and CHPE, LLC public comment addressing the DATES: Wednesday, April 22, 2020 1:00 (together, the Applicants) have filed a following issues: (1) Is this collection p.m.–3:00 p.m. Eastern. joint application to voluntarily transfer necessary to the proper functions of the ownership of the facilities owned by ADDRESSES: Department; (2) will this information be Virtual via Zoom. The CHPEI and authorized for cross-border processed and used in a timely manner; hearing is open to the public and will electric power transmission by (3) is the estimate of burden accurate; be available through Zoom. Call-in Presidential Permit No. PP–362, to (4) how might the Department enhance information will be available at https:// CHPE, LLC. The application requests the quality, utility, and clarity of the www.eac.gov and a recording will be that the Department of Energy (DOE) information to be collected; and (5) how available on the EAC website at a later rescind the Presidential permit held by might the Department minimize the date. CHPEI and simultaneously issue a burden of this collection on the SUPPLEMENTARY INFORMATION: permit to CHPE, LLC covering the same respondents, including through the use Purpose: In accordance with the international transmission facilities. of information technology. Please note Government in the Sunshine Act DATES: Comments, protests, or motions that written comments received in (Sunshine Act), Public Law 94–409, as to intervene must be submitted on or response to this notice will be amended (5 U.S.C. 552b), the U.S. before May 18, 2020. considered public records. Election Assistance Commission (EAC) Title of Collection: Grant Application will conduct a virtual hearing to discuss ADDRESSES: Comments or motions to Form for Project Objectives and issues facing state and local election intervene should be addressed to Performance Measures Information. officials regarding elections and the Christopher Lawrence, OMB Control Number: 1894–0017. COVID–19 pandemic, including [email protected]. Type of Review: An extension of an considerations regarding the expansion FOR FURTHER INFORMATION CONTACT: existing information collection. of voting by mail and absentee voting. Christopher Lawrence (Program Office) Respondents/Affected Public: Private Agenda: The U.S. Election Assistance at 202–586–5260 or by email to Sector. Commission (EAC) will host a virtual [email protected], or Total Estimated Number of Annual hearing to discuss the administration of Christopher Drake (Attorney-Adviser) at Responses: 5,976. federal elections during the COVID–19 202–586–2919 or by email to Total Estimated Number of Annual pandemic. During this hearing, EAC [email protected]. Burden Hours: 29,880. Commissioners will hear panelists SUPPLEMENTARY INFORMATION: The Abstract: The U.S. Department of present on major considerations for construction, operation, maintenance, Education Grant Application Form for expanding vote by mail options for the and connection of facilities at the Project Objectives and Performance remaining primaries and the general international border of the United States Measures Information serves as a election and considerations for in- for the transmission of electric energy precursor to the U.S. Department of person voting. Panelists will include between the United States and a foreign Education Grant Performance Report state and local election officials, and country is prohibited in the absence of Form (ED 524 B) in which project other representatives from the elections a Presidential permit issued pursuant to objectives, measures, and targets will be administration field. Other Executive Order (E.O.) 10485, as entered by applicants at the time that considerations such as accessibility for amended by E.O. 12038. grant applications are entered in voters with disabilities and ensuring On April 6, 2020, the Applicants filed Grants.gov. secure elections will also be discussed. an application with the Office of

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Electricity of the Department of Energy the public interest. In making that Standards: TPL–007–4, (Transmission (DOE), as required by regulations at 10 determination, DOE will consider the System Planned Performance for CFR 205.320 et seq., requesting DOE to environmental impacts of the proposed Geomagnetic Disturbance Events)). amend or, in the alternative, rescind and action (i.e., granting the Presidential DATES: Comments on the collection of reissue Presidential Permit No. PP–362 permit or amendment, with any information are due June 15, 2020. to enable the transfer of the permit from conditions and limitations, or denying ADDRESSES: You may submit comments CHPEI to its affiliate CHPE, LLC. the permit) pursuant to the National (identified by Docket No. RD20–3–000) On October 6, 2014, DOE issued Environmental Policy Act of 1969, as by either of the following methods: Presidential Permit No. PP–362, amended, and determine the project’s • eFiling at Commission’s website: authorizing CHPEI to construct, operate, impact on electric reliability by http://www.ferc.gov/docs-filing/ and maintain the Champlain Hudson ascertaining whether the proposed efiling.asp. Power Express Project (Project). As project would adversely affect the • Mail/Hand Delivery/Courier: described in PP–362, the Project is a operation of the U.S. electric power Federal Energy Regulatory Commission, 1,000 Megawatt (MW), high-voltage supply system under normal and Secretary of the Commission, at Health direct current (HVDC), underground and contingency conditions, and any other and Human Services, 12225 Wilkins underwater merchant transmission factors that DOE may also consider Avenue, Rockville, Maryland 20852. system that will cross the United States- relevant to the public interest. DOE also Instructions: All submissions must be Canada international border underwater must obtain the favorable formatted and filed in accordance with near the Town of Champlain, New York, recommendation of the Secretary of submission guidelines at: http:// extend approximately 336 miles south State and the Secretary of Defense www.ferc.gov/help/submission- through New York State, and before taking final action on a guide.asp. For user assistance, contact interconnect to facilities located in Presidential permit application. FERC Online Support by email at Queens County, New York owned by This application may be reviewed or [email protected], or by phone the Consolidated Edison Company of downloaded electronically at http:// at: (866) 208–3676 (toll-free). New York. The aquatic segments of the energy.gov/oe/services/electricity- Docket: Users interested in receiving transmission line will primarily be policy-coordination-and- automatic notification of activity in this submerged in Lake Champlain and the implementation/international- docket or in viewing/downloading Hudson, Harlem, and East rivers. The electricity-regulatio-2. Upon reaching comments and issuances in this docket terrestrial portions of the transmission the home page, select ‘‘Pending may do so at http://www.ferc.gov/docs- line will primarily be buried in existing Applications.’’ filing/docs-filing.asp. road and railroad rights-of-way (ROW). Since the issuance of PP–362 in 2014, Signed in Washington, DC, on April 10, FOR FURTHER INFORMATION CONTACT: 2020. the upstream owners of CHPEI have Ellen Brown may be reached by email created a new affiliated entity, CHPE, Christopher Lawrence, at [email protected], telephone LLC, that will —subject to regulatory Management and Program Analyst, at (202) 502–8663. approvals—construct, operate, and Transmission Permitting and Technical SUPPLEMENTARY INFORMATION: Assistance, Office of Electricity. maintain the Project. The Project’s Title: FERC–725N(1), Mandatory upstream owners intend that the assets [FR Doc. 2020–07971 Filed 4–15–20; 8:45 am] Reliability Standards TPL–007–4, of CHPEI will be transferred to CHPE, BILLING CODE 6450–01–P Transmission System Planned LLC. Performance for Geomagnetic Procedural Matters: Any person may Disturbance Events. DEPARTMENT OF ENERGY comment on this application by filing OMB Control No.: 1902–TBD. such comment at the address provided Federal Energy Regulatory Type of Request: Approval of FERC– above. Any person seeking to become a Commission 725N(1) which is a temporary party to this proceeding must file a placeholder for FERC–725N which is motion to intervene at the address [Docket No. RD20–3–000] currently at OMB for an unrelated provided above in accordance with Rule activity. There are no changes to the Commission Information Collection 214 of FERC’s Rules of Practice and current reporting and recordkeeping Activities FERC–725N(1) Comment Procedure (18 CFR 385.214). Two (2) requirements to FERC–725N. Request; Extension copies of each comment or motion to Abstract: The proposed Reliability intervene should be filed with DOE on AGENCY: Federal Energy Regulatory Standard TPL–007–4 requires owners or before the date listed above. Commission, Department of Energy. and operators of the Bulk-Power System Comments and other filings ACTION: Notice of information collection to conduct initial and on-going concerning this application should be and request for comments. vulnerability assessments of the clearly marked with OE Docket No. PP– potential impact of defined geomagnetic 362–1. Additional copies are to be SUMMARY: In compliance with the disturbance events on Bulk- Power provided directly to Mr. Donald requirements of the Paperwork System equipment and the Bulk-Power Jessome, Chief Executive Officer, Reduction Act of 1995, the Federal System as a whole. Specifically, the Transmission Developers Inc., Pieter Energy Regulatory Commission Reliability Standard requires entities to Schuyler Building, 600 Broadway, (Commission or FERC) is soliciting develop corrective action plans for Albany, New York 12207–2283, public comment on the vulnerabilities identified through donald.jessome@ proposedinformation collection FERC– supplemental geomagnetic disturbance transmissiondevelopers.com and 725N(1) 1 (Mandatory Reliability TPL vulnerability assessments and requires Jay Ryan, Baker Botts L.L.P., 700 K entities to seek approval from the Street, NW, Washington, DC 20001, 1 This temporary (placeholder) information Electric Reliability Organization of any [email protected]. collection number is being used for Docket No. extensions of time for the completion of RD20–3–000 because FERC–725N is currently Before a Presidential permit may be pending review at OMB on an unrelated matter. corrective action plan items. issued or amended, DOE must Only one item per OMB Control No. can be pending On August 8, 2005, Congress enacted determine that the proposed action is in review at OMB at the same time. into law the Electricity Modernization

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Act of 2005, which is Title XII, Subtitle as the ERO.5 The Reliability Standards Type of Respondents: Generator A, of the Energy Policy Act of 2005 developed by the ERO and approved by Owner, Planning Coordinator, (EPAct 2005).2 EPAct 2005 added a new the Commission apply to users, owners Distribution Provider and Transmission section 215 to the FPA, which required and operators of the Bulk-Power System Owners. a Commission-certified Electric as set forth in each Reliability Standard. Estimate of Annual Burden: 6 Our Reliability Organization (ERO) to On February 7, 2020, the North estimates are based on the NERC develop mandatory and enforceable American Electric Reliability Reliability Standards, which are subject Corporation filed a petition seeking Compliance Registry Summary of to Commission review and approval. approval of proposed Reliability Entities as of January 31, 2020. Once approved, the Reliability Standard TPL–007–4 (Transmission The individual burden estimates Standards may be enforced by the ERO System Planned Performance for include the time needed to gather data, subject to Commission oversight, or the Geomagnetic Disturbance Events). run studies, and analyze study results. Commission can independently enforce NERC’s filed petition was noticed on These are consistent with estimates for Reliability Standards.3 February 11, 2020, with interventions, similar tasks in other Commission- On February 3, 2006, the Commission comments and protests due on or before approved standards. Estimates for the issued Order No. 672, implementing March 9, 2020. No interventions or additional average annual burden and 4 section 215 of the FPA. Pursuant to comments were received. cost 7 as proposed in Docket No. RD20– Order No. 672, the Commission certified The DLO was issued on March 19, 3–000 follow: one organization, North American 2020. The standard goes in effect at Electric Reliability Corporation (NERC), NERC on October 1,2020.

FERC–725N(1), IN DOCKET NO. RD20–3–000

Annual Annual Total annual burden Cost per 1 number of Total number Average burden hrs. & number of responses per of responses cost) ($) per response hours & cost ($) respondent respondents respondent (rounded) ($)

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

GO 8 ...... 969 1 969 40 hours; $3,200 ...... 38,760 hours; $3,200 $3,100,800. PC 9 ...... 71 1 71 40 hours; $3,200 ...... 2,840 hours; $ 227,200 $3,200 DP 10 ...... 318 1 318 40 hours & $3,200 ...... 12,720 hours; $3,200 $1,017,600. TO 11 ...... 321 1 321 40 hours & $3,200 ...... 12,840 hours; $3,200 $1,027,200.

TOTAL ...... 1,679 ...... 67,160 hours; ...... $5,372,800 ......

Comments: Comments are invited on: Dated: April 10, 2020. DEPARTMENT OF ENERGY (1) Whether the collection of Kimberly D. Bose, information is necessary for the proper Secretary. Federal Energy Regulatory Commission performance of the functions of the [FR Doc. 2020–08033 Filed 4–15–20; 8:45 am] Commission, including whether the BILLING CODE 6717–01–P [Docket No. ER20–588–000] information will have practical utility; (2) the accuracy of the agency’s estimate Midcontinent Independent System of the burden and cost of the collection Operator, Inc.; Notice of Technical of information, including the validity of Conference the methodology and assumptions used; By order dated March 10, 2020,1 the (3) ways to enhance the quality, utility Commission directed staff to convene a and clarity of the information collection; technical conference regarding and (4) ways to minimize the burden of Midcontinent Independent System the collection of information on those Operator, Inc.’s (MISO) filing of who are to respond, including the use proposed revisions to its Open Access of automated collection techniques or Transmission, Energy and Operating other forms of information technology. Reserve Markets Tariff to allow for the

2 Energy Policy Act of 2005, Pub. L. 109–58, Title FERC ¶ 61,126 (2006), order on compliance, 118 725N(1) are approximately the same as the XII, Subtitle A, 119 Stat. 594, 941 (codified at 16 FERC ¶ 61,190, order on reh’g, 119 FERC ¶ 61,046 Commission’s average cost. The FERC 2019 average U.S.C. 824o). (2007), aff’d sub nom. Alcoa Inc. v. FERC, 564 F.3d salary plus benefits for one FERC full-time 3 16 U.S.C. 824o(e)(3). 1342 (DC Cir. 2009). equivalent (FTE) is $167,091/year (or $80.00/hour). 4 6 Burden is defined as the total time, effort, or Rules Concerning Certification of the Electric 8 Generator Owner. Reliability Organization; and Procedures for the financial resources expended by persons to 9 Establishment, Approval, and Enforcement of generate, maintain, retain, or disclose or provide Planning Coordinator. Electric Reliability Standards, Order No. 672, FERC information to or for a federal agency. See 5 CFR 10 Distribution Provider. Stats. & Regs. ¶ 31,204, order on reh’g, Order No. 1320 for additional information on the definition of 11 Transmission Owner. 672–A, FERC Stats. & Regs. ¶ 31,212 (2006). information collection burden. 1 Midcontinent Indep. Sys. Operator, Inc., 170 5 7 North American Electric Reliability Corp., 116 Commission staff estimates that the industry’s FERC ¶ 61,186 (2020). FERC ¶ 61,062, order on reh’g and compliance, 117 skill set and cost (for wages and benefits) for FERC–

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selection of a storage facility as a SATOA has unique characteristics or project representative of the type of transmission-only asset (SATOA) in the circumstances necessary to meet the explanation that MISO intends to MISO Transmission Expansion Plan identified transmission system provide in the future? What steps will (MTEP). The technical conference will performance requirements? How does MISO take if additional information is explore issues including, but not limited MISO intend to communicate these requested from participants in the to, MISO’s proposed evaluation and criteria to stakeholders and participants regional transmission planning process? selection criteria for SATOAs, the in the MTEP? What does MISO mean by MISO states that comparative SATOA’s market activities and any ‘‘other property considerations’’? evaluations of a proposed SATOA will potential wholesale market impacts of 3. What criteria will MISO consider include the minimum and maximum those activities, how MISO’s current when determining whether there is a capacity required to address the formula rate structure accommodates need for the storage facility to solve the transmission issue to ensure that excess cost recovery for SATOAs, a SATOA’s transmission issue through the storage storage capacity is not treated as a potential effects on the generator facility’s functioning as a SATOA transmission asset. MISO further states interconnection queue, and operating instead of as a resource that participates that cost recovery under transmission guides that will apply to a SATOA.2 in MISO’s markets? How does MISO rates is limited to the cost of the Take notice that the Commission will intend to communicate these criteria to maximum capacity to be determined hold this staff-led technical conference stakeholders and participants in the needed to address the transmission on Monday, May 4, 2020, between 9:00 MTEP? issue.5 a.m. and 5:00 p.m. (Eastern Time). This 4. With regard to MISO’s example of 9. How will MISO determine the conference will be held remotely, as a unique characteristic–i.e., a storage maximum capacity needed to address further described below. asset’s ability to rapidly inject and the transmission issue? Please explain. Participants should be prepared to withdraw real or reactive power in discuss, at minimum, the following: solving transmission issues–how can B. SATOA Market Activities and storage as transmission be distinguished Market Impacts A. Evaluation and Selection Criteria for from storage resources participating in SATOAs MISO states that the SATOA owner is markets that could have their dispatch responsible for maintaining the MISO proposes Tariff language stating schedules adjusted to rapidly inject or necessary state of charge to be ready to that, to be selected for inclusion in withdraw real or reactive power to solve serve the transmission function for Appendix A of the MTEP as a transmission issues if needed as part of which it was approved in the MTEP, transmission asset, a proposed SATOA the normal security constrained and MISO will exercise functional must demonstrate: dispatch of market resources? control of the SATOA for transmission a. Unique characteristics or 5. If a traditional transmission project purposes only, i.e., charging and circumstances of the proposed SATOA and a SATOA can both meet a discharging to meet the transmission necessary to meet the identified transmission system performance need will be done at the direction of Transmission System performance requirement equally well, how will MISO.6 requirements and not otherwise MISO determine which solution to 10. What does it mean for a SATOA available at comparable costs from other select in the regional transmission to be under MISO’s ‘‘functional proposed solutions, including speed of planning process? If multiple SATOA control,’’ while making the SATOA operation, lead-time to implement, proposals have unique characteristics or right-of-way, or other property owner responsible for maintaining state circumstances necessary to meet the of charge? Will MISO tell the SATOA considerations. identified transmission system b. A need to resolve the Transmission when to charge and discharge while the performance requirements, how will SATOA is performing to meet the Issue(s) through the storage facility’s MISO determine which solution to functioning as a SATOA instead of as a transmission need? What is the practical select in the regional transmission difference, if any, between charging/ Resource that participates in [MISO’s] planning process? 3 discharging to ‘‘meet’’ the transmission markets. 6. If the entity that proposes a SATOA MISO states that an example of a need and charging/discharging to be does not provide sufficient information ‘‘ready to serve’’ the transmission need? unique characteristic is the storage for MISO to determine whether the asset’s ability to rapidly inject and 11. How will MISO ensure that a SATOA meets the criteria outlined in SATOA under its ‘‘functional control’’ withdraw real or reactive power in the Tariff excerpted above, how will solving transmission issues that could is available (e.g., not fully charged when MISO proceed? For instance, will MISO needed to withdraw power and not fully not otherwise be resolved if the storage attempt to determine if the SATOA 4 discharged when needed to inject asset was participating in markets. meets the criteria using MISO’s own 1. What is an ‘‘identified power) to solve a transmission issue? independent analysis? Will that analysis Transmission System performance 12. Please explain your view on be available to other participants in the requirement?’’ How and where are they whether and, if so, how the charging/ regional transmission planning process? discharging activities of the SATOA identified? What is the difference 7. How will MISO’s evaluation directed under MISO’s functional between an identified Transmission criteria ensure that SATOAs are limited control or, in connection with the System performance requirement and a to only those electric storage resources Transmission Issue? What are examples SATOA owner’s responsibility to that are performing a transmission- of Transmission System performance maintain state of charge, impact the specific function? requirements that can be addressed by 8. Please explain how MISO will wholesale energy and capacity markets. a proposed SATOA? communicate its decision in approving For example, would these activities 2. What criteria will MISO consider a SATOA. For instance, MISO stated in impact transmission capacity, when determining whether a proposed its filing that there is currently a storage congestion, and/or other resources’ resource pending as a recommended 2 Id. P 56. 5 MISO Dec. 12 Filing, Tab A, proposed MISO 3 MISO Dec. 12 Filing, Tab A, proposed MISO project in MTEP19. Is the explanation Tariff Att. FF, § II.G.1.a.ii (71.0.0). Tariff Att. FF, § II.G.1.c.i (71.0.0). provided in the MTEP19 executive 6 MISO Dec. 12 Filing, Transmittal Letter at 6–7; 4 MISO Dec. 12 Filing, Transmittal Letter at 2 n.5. summary regarding this recommended MISO Answer at 15.

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ability to meet energy and ancillary be credited through the transmission generation resource is selected as the services needs, etc.? Please explain. revenue requirement? Will the net preferred transmission solution in the MISO proposes that the SATOA energy revenue be credited outside the MTEP will be included in the owner will need a registered market existing formulas, e.g., through a evaluation of the proposed SATOA. participant to receive energy net costs separate rider? Will such costs also be included in the when charging and discharging under 16. If the existing formulas will need total SATOA cost recovered through MISO’s functional control. MISO states to be modified to accommodate transmission rates and, if so, how? that the market participant for a SATOA SATOAs, what types of modifications E. Operating Guides will be credited the applicable Real- are needed and when will such Time Ex Post LMP for Non-Excessive modifications be filed to ensure that MISO states that it will coordinate Energy and will be charged for Non- they are effective before a SATOA with the SATOA owner, MISO Excessive Energy withdrawals. MISO becomes operational? Operations, and the transmission explains that the SATOA market operator to develop an operating guide participant then must provide the net D. Impact on the Generator that will establish (1) conditions for revenues back to the transmission Interconnection Queue which the SATOA should be discharged owner, and those net revenues will MISO proposes that, if it or a and charged to meet the anticipated offset the transmission revenue stakeholder identifies a potential impact planning objective and (2) boundaries requirement associated with the to newly-interconnecting generation for operation that will be consistent resource.7 MISO states that the SATOA resources in the interconnection study with this objective and will reflect the will be a price taker. process, MISO will assess whether the unique operating parameters of the 13. Does a SATOA’s direct proposed SATOA will have an impact. individual SATOA.10 participation in the wholesale energy If the assessment demonstrates that the 20. Please provide a summary and markets as a price-taker create potential necessary operating mode of the explanation of the information that may impacts on the wholesale energy and proposed SATOA will cause the need be contained in the operating guides. capacity markets by, for instance, for additional system mitigation, the Please provide specific examples of the displacing otherwise marginal or infra- cost of such mitigation will be included information to be contained in the marginal resources and possibly in the evaluation of the proposed operating guides. changing the energy market price? Why SATOA as compared with other F. Miscellaneous or why not? If energy market impacts potential transmission solutions. MISO occur, will they be minimal or might proposes that its impact assessment may 21. Are there any scenarios where a they be mitigated, and if so how? include targeted contingency analyses SATOA might be called upon under 14. Please provide further information applying NERC TPL and applicable emergency conditions to relieve an issue on: (1) What types of entity could serve regional and local planning criteria to outside of the specific transmission as the SATOA’s market participant; (2) evaluate the incremental impact.9 issue for which the SATOA was whether such market participant and/or 17. Please provide further details on selected? If so, how will MISO handle the SATOA owner would have market- how MISO would assess the impact of any out-of-market payments that the based rate authority; and (3) if the a proposed SATOA on newly- SATOA receives? market participant were affiliated interconnecting generation resources 22. Are SATOAs studied for merchant function staff, how the and compute costs if system mitigation reliability impacts in the same way as standards of conduct would be met. is needed. Would MISO account for storage as non-transmission alternatives, C. Cost Recovery for SATOAs changes due to restudies in the particularly regarding dynamic interconnection study process and, if so, stability? If not, why not? Please explain MISO proposes that costs resulting how? Could a SATOA be considered a in detail how SATOAs will be studied from a SATOA’s market activities contingent facility? Will MISO’s for reliability impact. directed under MISO’s functional interconnection procedures be modified The technical conference will be led control be collected through to include any of these details? Does by Commission staff, and is open to the transmission rates in a manner MISO intend to include any of these public. All people interested in consistent with the treatment of costs details in its Business Practice Manuals? participating in the conference must associated with the transmission project Will the analysis of the impact of the register at the following link: https:// type in which the SATOA is included proposed SATOA on the newly- www.ferc.gov/whats-new/registration/ in Appendix A to the MTEP. Any interconnecting generation resources be 05-04-20-form.asp by no later than noon revenues collected from the SATOA’s available to market participants in the on May 1, 2020. There is no registration market activities directed under MISO’s regional transmission planning process fee. Information on joining the technical functional control would be credited and/or interconnection customers in the conference will be posted on the Events through transmission rates in a manner interconnection queue? Calendar available at https:// consistent with the treatment of costs 18. Will MISO’s assessment of www.ferc.gov/EventCalendar/ associated with the transmission project impacts include assessment of delays in EventsList.aspx?View=listview. category in transmission rates.8 the interconnection queue, and if so, The conference will include 15. How does MISO’s current formula how would MISO mitigate those delays? discussions between Commission staff rate structure in Attachments O, GG, or If not, why is it not necessary to assess and MISO. If time permits, there may be MM accommodate cost recovery for potential delays to the interconnection an opportunity for parties that are SATOAs? Are any of those provisions queue as a result of a proposed SATOA? participating in the conference to ask sufficient to allow net market revenue to 19. MISO states that the cost of questions or provide comments. The additional mitigation if the SATOA proposed agenda for the technical 7 MISO Dec. 12 Filing, Transmittal Letter at 23, conference is described below. Tab A, proposed MISO Tariff, Module C, affecting newly-interconnecting § 40.3.3.3.a.i (44.0.0). Procedures to be followed at the 8 MISO Dec. 12 Filing, Transmittal Letter at 22, 9 MISO Dec. 12 Filing, Transmittal Letter at 20– Tab A, proposed MISO Tariff, Att. FF § II.G.6 21, Tab A, proposed MISO Tariff Att. FF, § II.G.1.d 10 MISO Dec. 12 Filing, Transmittal Letter at 21, (71.0.0). (71.0.0). proposed MISO Tariff, Att. FF, § II.G.2 (71.0.0).

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conference and any changes to the • Assessing the Impact of a SATOA electronically may mail similar proposed agenda will be announced by on Newly Interconnecting pleadings to the Federal Energy staff at the opening of the conference. Generating Resources Regulatory Commission, 888 First Street The technical conference will not be • Assessment of Delays and NE, Washington, DC 20426. Hand transcribed. Mitigation delivered submissions in docketed Commission conferences are 3:30 p.m.–3:45 p.m. Break proceedings should be delivered to accessible under section 508 of the 3:45 p.m.–4:15 p.m. Operating Guides Health and Human Services, 12225 Rehabilitation Act of 1973. For • Information in Operating Guides Wilkins Avenue, Rockville, Maryland accessibility accommodations, please 4:15 p.m.–5:00 p.m. Miscellaneous 20852. • send an email to [email protected] Emergency Conditions • In addition to publishing the full text or call toll free 1–866–208–3372 (voice) Reliability Impacts of this document in the Federal or 202–502 -8659 (TTY); or send a fax [FR Doc. 2020–08021 Filed 4–15–20; 8:45 am] Register, the Commission provides all to 202–208–2106 with the required BILLING CODE 6717–01–P interested persons an opportunity to accommodations. view and/or print the contents of this Following the technical conference, document via the internet through the the Commission will consider post- DEPARTMENT OF ENERGY Commission’s Home Page (http:// technical conference comments ferc.gov) using the ‘‘eLibrary’’ link. Federal Energy Regulatory submitted on or before May 25, 2020. Enter the docket number excluding the Commission The written comments will be included last three digits in the docket number in the formal record of the proceeding, [Docket No. EL20–41–000] field to access the document. At this which, together with the record time, the Commission has suspended developed to date, will form the basis XO Energy LLC, XO Energy MA, LP, XO access to the Commission’s Public for further Commission action. Energy MA2, LP v. PJM Reference Room, due to the For more information about this Interconnection, L.L.C.; Notice of proclamation declaring a National technical conference, please contact Complaint Emergency concerning the Novel Mark Byrd, 202–502–8071, mark.byrd@ Take notice that on April 8, 2020, Coronavirus Disease (COVID–19), issued ferc.gov. For information related to by the President on March 13, 2020. For logistics, please contact Sarah pursuant to sections 206 and 306 of the Federal Power Act, 16 U.S.C. 824e, 825e assistance, contact the Federal Energy McKinley, 202–502–8368, Regulatory Commission at [email protected]. and Rule 206 of the Federal Energy Regulatory Commission’s (Commission) [email protected], or call Dated: April 10, 2020. Rules of Practice and Procedure, 18 CFR toll-free, (886) 208–3676 or TYY, (202) Nathaniel J. Davis, Sr., 385.206, XO Energy LLC, XO Energy 502–8659. Deputy Secretary. MA, LP and XO Energy MA2, LP Comment Date: 5:00 p.m. Eastern Time on May 1, 2020. Storage as a Transmission-Only Asset (Complainants) filed a formal complaint (SATOA) in MISO Technical against PJM Interconnection, L.L.C., Dated: April 10, 2020. Conference—Webex Teleconference (PJM or Respondent), alleging that the Nathaniel J. Davis, Sr., PJM Financial Transmission Right Deputy Secretary. Monday, May 4, 2020, 9:00 a.m.–5:00 forfeiture rule, including its current [FR Doc. 2020–08020 Filed 4–15–20; 8:45 am] p.m. implementation, is unjust and BILLING CODE 6717–01–P 9:00 a.m.–10:30 a.m. Evaluation and unreasonable, all as more fully Selection Criteria for SATOA explained in the complaint. • Identified Transmission System The Complainants certifies that copies DEPARTMENT OF ENERGY performance requirement of the complaint were served on the • Unique Characteristics or contacts listed for Respondent in the Federal Energy Regulatory Circumstances Commission’s list of Corporate Officials. Commission • Functioning as SATOA Compared Any person desiring to intervene or to [Project No. 2934–029] to Market Participant protest this filing must file in 10:30 a.m.–10:45 a.m. Break accordance with Rules 211 and 214 of New York State Electric & Gas 10:45 a.m.–11:30 a.m. Evaluation and the Commission’s Rules of Practice and Corporation; Notice of Settlement Selection Criteria for SATOA Procedure (18 CFR 385.211, 385.214). Agreement (continued) Protests will be considered by the • Traditional Transmission Project Commission in determining the Take notice that the following compared to SATOA appropriate action to be taken, but will settlement agreement has been filed • SATOA Evaluation Criteria • not serve to make protestants parties to with the Commission and is available Communication of Decision the proceeding. Any person wishing to for public inspection. Approving a SATOA become a party must file a notice of a. Type of Application: Settlement 11:30 a.m.–12:45 p.m. SATOA Market intervention or motion to intervene, as Agreement. Activities and Market Impacts b. Project No.: 2934–029. • Meaning of ‘‘Functional Control’’ appropriate. The Respondent’s answer • Impact of SATOA Activity on and all interventions, or protests must c. Date Filed: April 8, 2020. Wholesale Market be filed on or before the comment date. d. Applicant: New York State Electric • Information Regarding Market The Respondent’s answer, motions to & Gas Corporation (NYSEG). Participant intervene, and protests must be served e. Name of Project: Upper 12:45 p.m.–1:30 p.m. Lunch on the Complainants. Mechanicville Hydroelectric Project 1:30 p.m.–2:15 p.m. Cost Recovery for The Commission strongly encourages (Project). SATOAs electronic filings of comments, protests f. Location: On the Hudson River, in • Formula Rate Structure and interventions in lieu of paper using Saratoga and Rensselaer Counties, New 2:15 p.m.–3:30 p.m. Impact on the the ‘‘eFiling’’ link at http:// York. The project does not occupy any Generator Interconnection Queue www.ferc.gov. Persons unable to file federal land.

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g. Filed Pursuant to: Rule 602 of the Commission’s website at http:// If a schedule change becomes Commission’s Rules of Practice and www.ferc.gov using the ‘‘eLibrary’’ link. necessary, additional notice will be Procedure, 18 CFR 385.602. Enter the docket number, excluding the provided so that the relevant agencies h. Applicant Contact: David W. Dick, last three digits, in the docket number are kept informed of the Project’s Manager, NYSEG and RG&E Hydro field to access the document. For progress. Engineering, 1300 Scottsville Road, assistance, contact FERC Online Project Description Rochester, NY 14624; (585) 724–8535; Support. [email protected]. Register online at http:// WBI Energy proposes to construct and i. FERC Contact: Jody Callihan, (202) www.ferc.gov/docs-filing/ operate five sections of new natural gas 502–8278 or [email protected]. esubscription.asp to be notified via pipeline, a new compressor station, and j. Deadline for filing comments: email of new filings and issuances modifications to an existing compressor Comments on the Settlement Agreement related to this or other pending projects. station (totaling 92.5 miles of pipeline are due on Thursday, April 30, 2020. For assistance, contact FERC Online and 26,250 horsepower of compression), Reply comments are due on Monday, Support. all in North Dakota. The Project would May 11, 2020. provide about 350 million standard The Commission strongly encourages Dated: April 10, 2020. cubic feet of natural gas per day to the electronic filing. Please file comments Nathaniel J. Davis, Sr., Midwest via Northern Border Pipeline using the Commission’s eFiling system Deputy Secretary. Company’s existing mainline. at http://www.ferc.gov/docs-filing/ [FR Doc. 2020–08023 Filed 4–15–20; 8:45 am] The Project includes: (i) 61.9 Miles of efiling.asp. Commenters can submit BILLING CODE 6717–01–P brief comments up to 6,000 characters, 24-inch-diameter pipeline from WBI without prior registration, using the Energy’s Tioga Compressor Station in eComment system at http:// DEPARTMENT OF ENERGY Williams County to the proposed www.ferc.gov/docs-filing/ Elkhorn Creek Compressor Station in ecomment.asp. You must include your Federal Energy Regulatory McKenzie County; (ii) 0.3 mile of 24- name and contact information at the end Commission inch-diameter pipeline from the proposed Elkhorn Creek Compressor of your comments. For assistance, [Docket No. CP20–52–000] please contact FERC Online Support at Station to a new interconnect with [email protected], (866) WBI Energy Transmission, Inc.; Notice Northern Border Pipeline Company; (iii) 208–3676 (toll free), or (202) 502–8659 of Schedule for Environmental Review 20.4 miles of 12-inch-diameter pipeline (TTY). of the North Bakken Expansion Project looping along WBI Energy’s Line The Commission’s Rules of Practice Section 25 in Mountrail and Burke require all intervenors filing documents On February 14, 2020, WBI Energy Counties- 1; (iv) 9.4 miles of 12-inch- with the Commission to serve a copy of Transmission, Inc. (WBI Energy) filed an diameter pipeline looping along WBI that document on each person on the application in Docket No. CP20–52–000 Energy’s Line Section 30 in Williams official service list for the project. requesting a Certificate of Public County; (v) 0.5 mile of 20-inch-diameter Further, if an intervenor files comments Convenience and Necessity pursuant to receipt lateral to the Tioga Compressor or documents with the Commission 7(c) of the Natural Gas Act to construct Station; (vi) uprating WBI Energy’s Line relating to the merits of an issue that and operate certain natural gas facilities Section 25; (vii) installing 22,500 may affect the responsibilities of a in Burke, McKenzie, Mountrail, and additional horsepower at the existing particular resource agency, they must Williams Counties, North Dakota. The Tioga Compressor Station; (viii) also serve a copy of the document on proposed project is known as the North constructing a new 3,750 horsepower that resource agency. Bakken Expansion Project (Project), and compressor station, the Elkhorn Creek k. NYSEG filed an Offer of Settlement would provide incremental firm Compressor Station, in McKenzie (Settlement Agreement) on behalf of transportation capacity from natural gas County; and (ix) and other associated itself, the New York State Department of processing plants to a proposed appurtenances. Environmental Conservation (New York interconnect with Northern Border Background DEC), U.S. Fish and Wildlife Service, Pipeline Company in McKenzie County, and New York State Council of Trout North Dakota. On July 3, 2019, the Commission staff Unlimited. The Settlement Agreement On February 26, 2020, the Federal granted WBI Energy’s request to use the includes protection, mitigation, and Energy Regulatory Commission FERC’s pre-filing environmental review enhancement measures addressing (Commission or FERC) issued its Notice process and assigned the Project Docket impoundment elevations and allowable of Application for the Project. Among No. PF19–7–000. On September 13, fluctuations, a seasonal minimum flow, other things, that notice alerted agencies 2019, the Commission issued a Notice of fish passage and protection for issuing federal authorizations of the Intent to Prepare an Environmental American eel, and by reference, requirement to complete all necessary Assessment for the Planned North management plans for northern long- reviews and to reach a final decision on Bakken Expansion Project, Request for eared bat (Appendix A), bald eagles a request for a federal authorization Comments on Environmental Issues, (Appendix B), and invasive species within 90 days of the date of issuance and Notice of Public Scoping Session (Appendix D). NYSEG requests that the of the Commission staff’s Environmental (NOI). The NOI was issued during the measures in the Settlement Agreement Assessment (EA) for the Project. This pre-filing review of the Project and was be incorporated as license conditions, instant notice identifies the FERC staff’s sent to affected landowners; federal, without modification, in any new planned schedule for the completion of state, and local government agencies; license issued for the project. The the EA for the Project. elected officials; environmental interest signatories to the Settlement Agreement groups; Native American tribes; other Schedule for Environmental Review also request a 50-year license term for interested parties; and local libraries. the project. Issuance of EA—September 4, 2020 l. A copy of the Settlement Agreement 90-day Federal Authorization Decision 1 A pipeline loop is a segment of pipe constructed is available for review on the Deadline—December 3, 2020 parallel to an existing pipeline to increase capacity.

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In response to the NOI, the DEPARTMENT OF ENERGY Docket Numbers: ER20–1536–000. Commission received comments from Applicants: Southwest Power Pool, the North Dakota Department of Federal Energy Regulatory Inc. Environmental Quality (DEQ) and two Commission Description: § 205(d) Rate Filing: landowners. The North Dakota DEQ Revisions to Implement Generator Combined Notice of Filings #1 recommended the Project avoid Source Replacement Process to be effective 7/1/ Water Protection Areas, section 303(d) Take notice that the Commission 2020. Waters, and surface and groundwater received the following exempt Filed Date: 4/10/20. drinking sources. The DEQ also stated wholesale generator filings: Accession Number: 20200410–5064. Comments Due: 5 p.m. ET 5/1/20. that WBI Energy should obtain a Docket Numbers: EG20–112–000. Stormwater Construction Permit and Applicants: Cedar Creek II, LLC. Docket Numbers: ER20–1537–000. implement proper monitoring for the Description: Notice of Self- Applicants: RE Mustang Two Barbaro early leak detection. The primary Certification of Exempt Wholesale LLC. environmental issues raised by the other Generator Status of Cedar Creek II, LLC. Description: Baseline eTariff Filing: commentors were project location, Filed Date: 4/10/20. RE Mustang Two Barbaro LLC MBR Tariff to be effective 4/11/2020. trespassing, impacts on water resources Accession Number: 20200410–5097. Filed Date: 4/10/20. and soils, seeding, and spreading of Comments Due: 5 p.m. ET 5/1/20. Take notice that the Commission Accession Number: 20200410–5074. weeds. All substantive comments will Comments Due: 5 p.m. ET 5/1/20. be addressed in the EA. received the following electric rate filings: Docket Numbers: ER20–1538–000. The Bureau of Land Management, the Applicants: RE Mustang Two Docket Numbers: ER20–595–001. U.S. Army Corps of Engineers, and the Whirlaway, LLC. U.S. Forest Service are cooperating Applicants: Midcontinent Independent System Operator, Inc. Description: Baseline eTariff Filing: agencies in the preparation of the EA. Description: Tariff Amendment: RE Mustang Two Whirlaway MBR Tariff to be effective 4/11/2020. Additional Information 2020–04–10_Deficiency response to Solar DIR Filing to be effective 3/15/ Filed Date: 4/10/20. In order to receive notification of the 2020. Accession Number: 20200410–5085. issuance of the EA and to keep track of Filed Date: 4/10/20. Comments Due: 5 p.m. ET 5/1/20. all formal issuances and submittals in Accession Number: 20200410–5020. Docket Numbers: ER20–1539–000. specific dockets, the Commission offers Comments Due: 5 p.m. ET 5/1/20. Applicants: Neighborhood Sun a free service called eSubscription. This Docket Numbers: ER20–1208–001. Benefit Corp. can reduce the amount of time you Applicants: David Energy Supply, Description: Compliance filing: spend researching proceedings by LLC. Market Based Rate Tariff—Baseline to automatically providing you with Description: Tariff Amendment: be effective 4/10/2020. notification of these filings, document Amendment to MBR Application Filing Filed Date: 4/10/20. summaries, and direct links to the to be effective 4/1/2020. Accession Number: 20200410–5108. Comments Due: 5 p.m. ET 5/1/20. documents. Go to www.ferc.gov/docs- Filed Date: 4/9/20. filing/esubscription.asp. Accession Number: 20200409–5188. Docket Numbers: ER20–1540–000. Comments Due: 5 p.m. ET 4/30/20. Applicants: San Diego Gas & Electric Additional information about the Docket Numbers: ER20–1533–000. Company. Project is available from the Description: Compliance filing: Order Commission’s Office of External Affairs Applicants: CenterPoint Energy Houston Electric, LLC. No. 864 Compliance Filing to be at (866) 208–FERC or on the FERC effective 1/27/2020. website (www.ferc.gov). Using the Description: § 205(d) Rate Filing: TFO Tariff Rate Revision to Conform with Filed Date: 4/10/20. ‘‘eLibrary’’ link, select ‘‘General Search’’ PUCT-Approved Rate to be effective Accession Number: 20200410–5110. from the eLibrary menu, enter the 4/23/2020. Comments Due: 5 p.m. ET 5/1/20. selected date range and ‘‘Docket Filed Date: 4/9/20. Docket Numbers: ER20–1541–000. Number’’ excluding the last three digits Accession Number: 20200409–5187. Applicants: Tri-State Generation and (i.e., CP20–52), and follow the Comments Due: 5 p.m. ET 4/30/20. Transmission Association, Inc. instructions. For assistance with access Docket Numbers: ER20–1534–000. Description: § 205(d) Rate Filing: Rate to eLibrary, the helpline can be reached Applicants: PacifiCorp. Schedule FERC No. 278 between Tri- at (866) 208–3676, TTY (202) 502–8659, Description: § 205(d) Rate Filing: ESM State and DMEA to be effective 12/31/ or at [email protected]. The Construction Agmt—Swift Troutdale to 9998. eLibrary link on the FERC website also be effective 4/10/2020. Filed Date: 4/10/20. provides access to the texts of formal Filed Date: 4/9/20. Accession Number: 20200410–5115. documents issued by the Commission, Accession Number: 20200409–5189. Comments Due: 5 p.m. ET 5/1/20. such as orders, notices, and rule Comments Due: 5 p.m. ET 4/30/20. Docket Numbers: ER20–1542–000. makings. Docket Numbers: ER20–1535–000. Applicants: Tri-State Generation and Dated: April 10, 2020. Applicants: PJM Interconnection, Transmission Association, Inc. Description: § 205(d) Rate Filing: Rate Kimberly D. Bose, L.L.C. Description: § 205(d) Rate Filing: Schedule FERC No. 262 between Tri- Secretary. Original WMPA, Service Agreement No. State and DMEA to be effective 6/10/ [FR Doc. 2020–08036 Filed 4–15–20; 8:45 am] 5626; Queue No. AE1–160 to be 2020. BILLING CODE 6717–01–P effective 3/16/2020. Filed Date: 4/10/20. Filed Date: 4/10/20. Accession Number: 20200410–5116. Accession Number: 20200410–5039. Comments Due: 5 p.m. ET 5/1/20. Comments Due: 5 p.m. ET 5/1/20. Docket Numbers: ER20–1543–000.

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Applicants: Tri-State Generation and No. 5489, Queue No. AB2–168 re: • Mail/Hand Delivery/Courier: Transmission Association, Inc. Withdrawal to be effective 3/11/2020. Federal Energy Regulatory Commission, Description: Tariff Cancellation: Filed Date: 4/10/20. Secretary of the Commission, 888 First Notice of Cancellation of Rate Schedule Accession Number: 20200410–5142. Street NE, Washington, DC 20426. FERC No. 7 to be effective 12/31/9998. Comments Due: 5 p.m. ET 5/1/20. Instructions: All submissions must be Filed Date: 4/10/20. The filings are accessible in the formatted and filed in accordance with Accession Number: 20200410–5119. Commission’s eLibrary system by submission guidelines at: http:// Comments Due: 5 p.m. ET 5/1/20. clicking on the links or querying the www.ferc.gov/help/submission- Docket Numbers: ER20–1545–000. docket number. guide.asp. For user assistance, contact Applicants: Tri-State Generation and Any person desiring to intervene or FERC Online Support by email at Transmission Association, Inc. protest in any of the above proceedings [email protected], or by phone Description: Tariff Cancellation: must file in accordance with Rules 211 at: (866) 208–3676 (toll-free), or (202) Notice of Cancellation of Rate Schedule and 214 of the Commission’s 502–8659 for TTY. FERC No. 49 to be effective 12/31/9998. Regulations (18 CFR 385.211 and Docket: Users interested in receiving Filed Date: 4/10/20. 385.214) on or before 5:00 p.m. Eastern automatic notification of activity in this Accession Number: 20200410–5122. time on the specified comment date. docket or in viewing/downloading Comments Due: 5 p.m. ET 5/1/20. Protests may be considered, but comments and issuances in this docket Docket Numbers: ER20–1546–000. intervention is necessary to become a may do so at http://www.ferc.gov/docs- Applicants: American Transmission party to the proceeding. filing/docs-filing.asp. eFiling is encouraged. More detailed Systems, Incorporated, PJM FOR FURTHER INFORMATION CONTACT: information relating to filing Interconnection, L.L.C. Ellen Brown may be reached by email requirements, interventions, protests, Description: § 205(d) Rate Filing: at [email protected], and service, and qualifying facilities filings ATSI submits Revised Service telephone at (202) 502–8663. can be found at: http://www.ferc.gov/ Agreement, SA No. 3992 with Ohio docs-filing/efiling/filing-req.pdf. For SUPPLEMENTARY INFORMATION: Edison Company to be effective 6/9/ other information, call (866) 208–3676 Title: FERC Form No. 73, Oil Pipeline 2020. (toll free). For TTY, call (202) 502–8659. Service Life Data. Filed Date: 4/10/20. OMB Control No.: 1902–0019. Accession Number: 20200410–5123. Dated: April 10, 2020. Comments Due: 5 p.m. ET 5/1/20. Nathaniel J. Davis, Sr., Type of Request: Three-year extension of the FERC Form No. 73 information Deputy Secretary. Docket Numbers: ER20–1547–000. collection requirements with no changes Applicants: Tri-State Generation and [FR Doc. 2020–08022 Filed 4–15–20; 8:45 am] to the current reporting requirements. Transmission Association, Inc. BILLING CODE 6717–01–P Abstract: The Commission collects Description: Tariff Cancellation: FERC Form No. 73 information as part Notice of Cancellation of Rate Schedules of its authority under the Interstate FERC No. 122 through No. 124 to be DEPARTMENT OF ENERGY Commerce Act, 49 U.S.C. 60501, et al. effective 12/31/9998. FERC Form No. 73 contains necessary Filed Date: 4/10/20. Federal Energy Regulatory information for the review of oil Accession Number: 20200410–5125. Commission pipeline companies’ proposed Comments Due: 5 p.m. ET 5/1/20. [Docket No. IC20–12–000] depreciation rates, as regulated entities Docket Numbers: ER20–1548–000. Commission Information Collection are required to provide service life data Applicants: Tri-State Generation and illustrating the remaining physical life Transmission Association, Inc. Activities (FERC–73); Comment Request; Extension of an oil pipeline’s properties, in order Description: Tariff Cancellation: to calculate the company’s cost of Notice of Cancellation of Rate Schedule AGENCY: Federal Energy Regulatory service and its transportation rates to FERC No. 199 to be effective 12/31/ Commission, Department of Energy. access customers. The Commission 9998. ACTION: Notice of information collection implements these filing reviews under Filed Date: 4/10/20. and request for comments. the purview of 18 CFR part 357.3, FERC Accession Number: 20200410–5132. Form No. 73, Oil Pipeline Data for Comments Due: 5 p.m. ET 5/1/20. SUMMARY: In compliance with the Depreciation Analysis, and 18 CFR part Docket Numbers: ER20–1549–000. requirements of the Paperwork 347. Parts 357.3 and 347 require an oil Applicants: California Independent Reduction Act of 1995, the Federal pipeline company to submit information System Operator Corporation. Energy Regulatory Commission under FERC Form No. 73 when: (1) Description: § 205(d) Rate Filing: (Commission or FERC) is soliciting Requesting approval for new or changed 2020–04–10 LGIA Among VEA, public comment on the currently depreciation rates of an oil pipeline; or GridLiance West, SVS and CAISO to be approved information collection, FERC– (2) being directed by the Commission to effective 6/10/2020. 73 (Oil Pipeline Service Life Data). file the service life data during an Filed Date: 4/10/20. DATES: Comments on the collection of investigation of its book depreciation Accession Number: 20200410–5139. information are due June 15, 2020. rates. Comments Due: 5 p.m. ET 5/1/20. ADDRESSES: You may submit comments Type of Respondent: Oil pipeline Docket Numbers: ER20–1550–000. (identified by Docket No. IC20–12–000) companies. Applicants: PJM Interconnection, by either of the following methods: Estimate of Annual Burden 1: The L.L.C. • eFiling at Commission’s website: Commission estimates the annual public Description: Tariff Cancellation: http://www.ferc.gov/docs-filing/ reporting burden for the information Notice of Cancellation of WMPA, SA efiling.asp. collection as below:

1 ‘‘Burden’’ is the total time, effort, or financial maintain, retain, or disclose or provide information of what is included in the information collection resources expended by persons to generate, to or for a Federal agency. For further explanation burden, refer to 5 CFR 1320.3.

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FERC FORM NO. 73, OIL PIPELINE SERVICE LIFE DATA

Annual number of Average Total annual Cost per Number of Total number burden & respondent respondents responses of responses burden & cost per per response 2 total annual cost ($) respondent

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

Oil Pipelines Undergoing In- 32 1 3 32 40 hrs.; $3,200 ..... 1,280 hrs.; $102,400 .... $3,200 vestigation or Review.

Comments: Comments are invited on: Procedure (18 CFR 385.211, 385.214). Dated: April 10, 2020. (1) Whether the collection of Protests will be considered by the Nathaniel J. Davis, Sr., information is necessary for the proper Commission in determining the Deputy Secretary. performance of the functions of the appropriate action to be taken, but will [FR Doc. 2020–08024 Filed 4–15–20; 8:45 am] Commission, including whether the not serve to make protestants parties to BILLING CODE 6717–01–P information will have practical utility; the proceeding. Any person wishing to (2) the accuracy of the agency’s estimate become a party must file a notice of of the burden and cost of the collection intervention or motion to intervene, as ENVIRONMENTAL PROTECTION of information, including the validity of appropriate. Such notices, motions, or AGENCY the methodology and assumptions used; protests must be filed on or before the (3) ways to enhance the quality, utility [EPA–HQ–OGC–2020–0140; FRL–10008–42– comment date. Anyone filing a motion OGC] and clarity of the information collection; to intervene or protest must serve a copy and (4) ways to minimize the burden of of that document on the Petitioner. Proposed Settlement Agreements, the collection of information on those Safe Drinking Water Act Claims who are to respond, including the use The Commission strongly encourages of automated collection techniques or electronic filings of comments, protests AGENCY: Environmental Protection other forms of information technology. and interventions in lieu of paper using Agency (EPA). the ‘‘eFiling’’ link at http:// Dated: April 10, 2020. ACTION: Notice; request for public Kimberly D. Bose, www.ferc.gov. Persons unable to file comment. electronically may mail similar Secretary. pleadings to the Federal Energy SUMMARY: In accordance with the [FR Doc. 2020–08035 Filed 4–15–20; 8:45 am] Regulatory Commission, 888 First Street Environmental Protection Agency (EPA) BILLING CODE 6717–01–P NE, Washington, DC 20426. Hand Administrator’s October 16, 2017, delivered submissions in docketed Directive Promoting Transparency and DEPARTMENT OF ENERGY proceedings should be delivered to Public Participation in Consent Decrees Health and Human Services, 12225 and Settlement Agreements, notice is Federal Energy Regulatory Wilkins Avenue, Rockville, Maryland hereby given of a proposed settlement Commission 20852. agreement to address several claims in a lawsuit filed by the Waterkeeper [Docket Nos. EL20–20–000; QF14–782–001] In addition to publishing the full text Alliance, Inc., Waterkeeper Chesapeake, of this document in the Federal Inc. and California Coastkeeper (d/b/a GRE 314 East Lyme LLC; Notice of Register, the Commission provides all Revised Refund Report California Coastkeeper interested persons an opportunity to Alliance)(‘‘Plaintiffs’’) in the United Take notice that on April 10, 2020, view and/or print the contents of this States District Court for the Southern GRE 314 East Lyme LLC (Petitioner), document via the internet through the District of New York. On January 30, submitted a Revised Refund Report Commission’s Home Page (http:// 2019, the Plaintiffs filed a complaint (Corrected Refund Calculation) to the ferc.gov) using the ‘‘eLibrary’’ link. pursuant to the Safe Drinking Water Act Petition for Declaratory Order filed on Enter the docket number excluding the and the Administrative Procedure Act February 3, 2020, seeking requirements last three digits in the docket number seeking declaratory and injunctive relief applicable to qualifying small power field to access the document. At this to resolve the claims regarding EPA’s production facilities set forth in section time, the Commission has suspended obligations to develop new and revised 292.203(a)(3) for the period June 6, 2014 access to the Commission’s Public National Primary Drinking Water to September 18, 2014. Reference Room, due to the Regulations. Under the proposed Any person desiring to intervene or to proclamation declaring a National settlement agreement, the EPA would protest this filing must file in Emergency concerning the Novel agree to deadlines with respect to accordance with Rules 211 and 214 of Coronavirus Disease (COVID–19), issued certain actions under the Safe Drinking the Commission’s Rules of Practice and by the President on March 13, 2020. For Water Act. assistance, contact the Federal Energy DATES: Written comments on the 2 The Commission staff estimates the average cost in salary and benefits for the average respondent Regulatory Commission at proposed settlement agreements must be based on the Commission’s 2019 average cost for [email protected] or call received by May 18, 2020. salary plus benefits at $80/hour. toll-free, (886) 208–3676 or TYY, (202) ADDRESSES: Submit your comments, 502–8659. identified by Docket ID number EPA– 3 The total number of responses entailing the HQ–OGC–2020–0140, online at submittal of a depreciation study in the past three Comment Date: 5:00 p.m. Eastern time years was 96. The average response from those three on May 1, 2020. www.regulations.gov (EPA’s preferred years is 96/3years = 32 responses per year. method). For comments submitted at

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www.regulations.gov, follow the online and therefore, the EPA failed to perform settlement agreement if the comments instructions for submitting comments. a mandatory duty to publish the fourth disclose facts or considerations that Once submitted, comments cannot be regulatory determination by August 6, indicate that such consent is edited or removed from 2016, and the EPA has unreasonably inappropriate, improper, inadequate, or www.regulations.gov. The EPA may delayed its publication. inconsistent with the requirements of publish any comment received to its Finally, the Plaintiffs’ complaint also the SDWA. Unless EPA or the public docket. Do not submit includes claims under the SDWA and Department of Justice determines that electronically any information you the APA with respect to EPA’s treatment consent to this proposed settlement consider to be Confidential Business of certain contaminants covered by the agreement should be withdrawn, the Information (CBI) or other information Six-Year Review process in Section settlement agreement will be signed, whose disclosure is restricted by statute. 1412(b)(9) of the SDWA: Chromium, and the parties will notify the Court of Multimedia submissions (audio, video, trichlorethylene (TCE), the settlement agreement and seek a etc.) must be accompanied by a written tetrachloroethylene (PCE), and a group court order dismissing with prejudice comment. The written comment is of microbial and disinfection all claims in this action. If the Court considered the official comment and byproducts (MDBPs). The Plaintiffs does not enter such an order, the should include discussion of all points allege that EPA unreasonably delayed settlement agreement will have no force you wish to make. The EPA generally and failed to perform a mandatory duty or effect. will not consider comments or comment to review the NPDWR for total II. Additional Information About contents located outside of the primary chromium and determine whether to Commenting on the Proposed submission (i.e. on the web, cloud, or revise it. The Plaintiffs also allege the Settlement Agreement other file sharing system). The EPA EPA violated the APA because the encourages the public to submit Agency has unreasonably delayed A. How can I get a copy of the proposed comments via www.Regulations.gov, as completion of the health assessment of settlement agreement? chromium. The Plaintiffs claim that the there will be a delay in processing mail The official public docket for this and no hand deliveries will be accepted. EPA unreasonably delayed and failed to perform an alleged mandatory duty to action (identified by EPA–HQ–OGC– For additional submission methods, 2020–0140) contains a copy of the please contact the person identified in revise the NPDWRs for TCE, PCE, and the MDBPs within the same six-year proposed settlement agreement. The the FOR FURTHER INFORMATION CONTACT official public docket is located at the section. For the full EPA public review period in which EPA identified the contaminants as appropriate for Office of Environmental Information comment policy, information about CBI (OEI) Docket in the EPA Docket Center, or multimedia submissions, and general revision, or to meet the deadlines for proposal and promulgation of NPDWRs EPA West, Room 3334, 1301 guidance on making effective Constitution Ave. NW, Washington, DC. comments, please visit http:// in Section 1412(b)(1)(E) of the SDWA. Under the proposed settlement The regular hours of the EPA Docket www2.epa.gov/dockets/commenting- agreement, the EPA would agree to Center Public Reading Room are from epa-dockets. deadlines for (1) publishing a proposed 8:30 a.m. to 4:30 p.m., Monday through FOR FURTHER INFORMATION CONTACT: regulatory determination for at least five Friday, excluding legal holidays; Leslie Darman, Water Law Office, Office contaminants that are listed on the however, due to the COVID–19 of General Counsel, U.S. Environmental Fourth CCL; (2) signing for publication pandemic, there may be limited or no Protection Agency, 1200 Pennsylvania in the Federal Register the Fifth and opportunity to enter the docket center. Ave. NW, Washington, DC 20460; Sixth CCLs; (3) making a determination At the time of this printing, the docket telephone: (202) 564–5452; email as to whether the existing NPDWR for center is closed to public visitors out of address: [email protected]. chromium is appropriate for revision; an abundance of caution for members of SUPPLEMENTARY INFORMATION: (4) signing for publication in the the public and EPA staff to reduce the Federal Register a proposal to revise the risk of transmitting COVID–19. During I. Additional Information About the the closure, Docket Center staff will Proposed Settlement Agreement NPDWRs for the MDBP contaminants identified as candidates for revision in continue to provide remote customer On January 30, 2019, the Plaintiffs the EPA’s Six-Year Review 3, published service via email, phone, and webform. filed a complaint pursuant to the Safe on January 11, 2017; and (5) signing for For further information on EPA Docket Drinking Water Act (SDWA) and the publication in the Federal Register a Center services, see https:// Administrative Procedure Act (APA) notice of final action on the proposal to www.epa.gov/dockets. The telephone seeking declaratory and injunctive relief revise the NPDWRs for the MDBPs. If number for the Public Reading Room is to resolve several claims regarding the EPA fails to meet any of these (202) 566–1744, and the telephone EPA’s obligations to develop new and deadlines, Plaintiffs’ sole remedy under number for the OEI Docket is (202) 566– revised National Primary Drinking this Agreement shall be to reopen this 1752. Water Regulations (NPDWRs). First, the lawsuit after undertaking the informal An electronic version of the public Plaintiffs allege that the deadlines in dispute-resolution procedures. docket is available on EPA’s website at Section 1412(b)(1)(B)(i) of the SDWA for For a period of thirty (30) days www.regulations.gov. You may use publishing the Contaminant Candidate following the date of publication of this www.regulations.gov to submit or view List (CCL) is based on fixed five-year document, the Agency will accept public comments, access the index intervals and therefore, the EPA failed written comments relating to the listing of the contents of the official to perform a mandatory duty to publish proposed settlement from persons who public docket, and access those the fifth CCL by February 6, 2018, and are not named as parties to the litigation documents in the public docket that are the EPA has unreasonably delayed in question. If so requested, EPA will available electronically. Once in the publication of the CCL. Second, the also consider holding a public hearing system, key in the appropriate docket Plaintiffs allege that the deadlines in on whether to enter into the proposed identification number then select Section 1412(b)(1)(B)(ii) of the SDWA settlement agreement. EPA or the ‘‘search.’’ It is important to note that for publishing regulatory determinations Department of Justice may withdraw or EPA’s policy is that public comments, are based on fixed five-year intervals withhold consent to the proposed whether submitted electronically or in

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paper, will be made available for public docket, EPA’s electronic mail (email) to a wholly electronic format due to the viewing online at www.regulations.gov system is not an ‘‘anonymous access’’ COVID–19 pandemic. The meeting can without change, unless the comment system. If you send an email comment be viewed live, by the public, at http:// contains copyrighted material, CBI, or directly to the Docket without going www.fcc.gov/live. The public may also other information whose disclosure is through www.regulations.gov, your follow the meeting on Twitter @fcc or restricted by statute. Information email address is automatically captured via the Commission’s Facebook page at claimed as CBI and other information and included as part of the comment www.facebook.com/fcc. Members of the whose disclosure is restricted by statute that is placed in the official public public may submit any questions that is not included in the official public docket, and made available in EPA’s arise during the meeting to docket or in the electronic public electronic public docket. [email protected]. docket. Dated: April 10, 2020. Open captioning will be provided for EPA’s policy is that copyrighted the live stream. Other reasonable Steven Neugeboren, material, including copyrighted material accommodations for people with contained in a public comment, will not Associate General Counsel. disabilities are available upon request. be placed in EPA’s electronic public [FR Doc. 2020–07980 Filed 4–15–20; 8:45 am] To request an accommodation, send an docket but will be available only in BILLING CODE 6560–50–P email to [email protected] or call the printed, paper form in the official public Consumer and Governmental Affairs docket. EPA has not included any Bureau at (202) 418–0530 (voice), (202) copyrighted material in the docket for FEDERAL COMMUNICATIONS 418–0432 (TTY). Such requests should this proposed settlement. If commenters COMMISSION include a detailed description of the submit copyrighted material in a public [DA 20–308] accommodation needed. In addition, comment, it will be placed in the please include a way for the official public docket and made Consumer Advisory Committee Commission to contact the requester if available for public viewing when the more information is needed to fulfill the EPA Docket Center is open. AGENCY: Federal Communications request. Please allow at least five days’ Commission. B. How and to whom do I submit advance notice; last-minute requests comments? ACTION: Notice. will be accepted but may not be possible to accommodate. You may submit comments as SUMMARY: In accordance with the To obtain further information about provided in the ADDRESSES section. Federal Advisory Committee Act, this the Committee, consult the Committee’s Please ensure that your comments are notice announces the next meeting date, web page at: www.fcc.gov/consumer- submitted within the specified comment time, and agenda of the Federal advisory-committee, or contact: Scott period. The EPA encourages the public Communications Commission’s (FCC or Marshall, Designated Federal Officer, to submit comments via Commission) Consumer Advisory Consumer and Governmental Affairs www.Regulations.gov. There will be a Committee (hereinafter the Bureau, Federal Communications delay in processing mail and no hand ‘‘Committee’’). The Committee will hold Commission, Room 3–A633, 445 12th deliveries will be accepted due to the this upcoming meeting remotely via live Street SW, Washington, DC 20554; COVID–19 pandemic. internet link on the Commission’s phone: 202–418–2809 (voice or Relay); EPA recommends that you include website. email: [email protected]; or your name, mailing address, and an DATES: April 27, 2020, 10:30 a.m. to email address or other contact Gregory V. Haledjian, Deputy 12:30 p.m. information in the body of your Designated Federal Officer, Consumer comment. This ensures that you can be ADDRESSES: The Meeting will be held and Governmental Affairs Bureau, identified as the submitter of the via conference call and available to the Federal Communications Commission, comment and allows EPA to contact you public at http://www.fcc.gov/live. Room 5–C736, 445 12th Street SW, in case EPA cannot read your comment FOR FURTHER INFORMATION CONTACT: Washington, DC 20554; phone: 202– due to technical difficulties or needs Scott Marshall, Designated Federal 418–7440; email: gregory.haledjian@ further information on the substance of Officer of the Committee, (202) 418– fcc.gov. Comments may also be your comment. Any identifying or 2809 (voice or Relay), email: submitted to the Designated Federal contact information provided in the [email protected]; or Gregory V. Officer or the Deputy or through the body of a comment will be included as Haledjian, Deputy Designated Federal Commission’s Electronic Comment part of the comment that is placed in the Officer of the Committee, (202) 418– Filing System, ECFS, at: www.fcc.gov/ official public docket, and made 7440 (voice or Relay) email: ecfs/. available in EPA’s electronic public [email protected]. U.S. Postal Federal Communications Commission. docket. If EPA cannot read your Service Mailing address: Federal Gregory Haledjian, comment due to technical difficulties Communications Commission, 445 12th Legal Advisor, Consumer and Governmental and cannot contact you for clarification, Street SW, Washington, DC 20554. Affairs Bureau. EPA may not be able to consider your SUPPLEMENTARY INFORMATION: This is a [FR Doc. 2020–08037 Filed 4–15–20; 8:45 am] comment. summary of the Commission’s Public BILLING CODE 6712–01–P Use of the www.regulations.gov Notice website to submit comments to EPA DA 20–308, released April 7, 2020, electronically is EPA’s preferred method announcing the Agenda, Date, and Time FEDERAL ELECTION COMMISSION for receiving comments. The electronic of the Committee’s next meeting. public docket system is an ‘‘anonymous Proposed Agenda: At its April 27, Sunshine Act Meeting access’’ system, which means EPA will 2020 meeting, the Committee will not know your identity, email address, consider a recommendation from its TIME AND DATE: Tuesday, April 21, 2020 or other contact information unless you Truth-in-Billing Working Group. at 10:00 a.m. provide it in the body of your comment. This meeting is open to members of PLACE: 1050 First Street NE, In contrast to EPA’s electronic public the general public and has been moved Washington, DC.

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STATUS: This meeting will be closed to FEDERAL MARITIME COMMISSION Information Collection Open for the public. Comment Agency Information Collection MATTERS TO BE CONSIDERED: Matters Title: 46 CFR Part 540—Application Activities: 60-Day Public Comment for Certificate of Financial relating to internal personnel decisions, Request or internal rules and practices. Responsibility/Form FMC–131. AGENCY: Federal Maritime Commission. OMB Approval Number: 3072–0012 Matters concerning participation in (Expires May 31, 2020). civil actions or proceedings or ACTION: Notice and request for comment. Abstract: Sections 2 and 3 of Public arbitration. Law 89–777 (46 U.S.C. 44101–44106) * * * * * SUMMARY: As part of our continuing require owners, charterers, or operators effort to reduce paperwork and of passenger vessels with 50 or more CONTACT PERSON FOR MORE INFORMATION: respondent burden, and as required by passenger berths or stateroom Judith Ingram, Press Officer, Telephone: the Paperwork Reduction Act of 1995, accommodations and embarking (202) 694–1220. the Federal Maritime Commission passengers at United States ports and (Commission) invites comments on the Vicktoria J. Allen, territories to establish their financial continuing information collection (an responsibility to meet liability incurred Acting Deputy Secretary of the Commission. extension with changes) listed below in for death or injury to passengers and [FR Doc. 2020–08197 Filed 4–14–20; 4:15 pm] this notice. other persons, and to indemnify BILLING CODE 6715–01–P DATES: Written comments must be passengers in the event of submitted on or before June 15, 2020. nonperformance of transportation. The ADDRESSES: Address all comments to: Commission’s regulations at 46 CFR part Karen V. Gregory, Managing Director, 540 implement Public Law 89–777 and FEDERAL FINANCIAL INSTITUTIONS specify financial responsibility coverage EXAMINATION COUNCIL Office of the Managing Director, Federal Maritime Commission, 800 North requirements for such owners, Capitol Street NW, Washington, DC charterers, or operators. Current Actions: There are changes to [Docket No. AS20–04] 20573, Phone: (202) 523–5800, Email: this information collection, and it is [email protected]. Appraisal Subcommittee Notice of being submitted for extension and Special Meeting FOR FURTHER INFORMATION CONTACT: A approval of changes. Twelve fields have copy of the information collection, or been eliminated due to being captured AGENCY: Appraisal Subcommittee of the copies of any comments received, may on the financial instrument and we have Federal Financial Institutions be obtained by contacting Donna Lee at reduced several questions regarding Examination Council. (202) 523–5800 or email at dlee@ financial responsibility into two fmc.gov. questions. Our intent is to make the ACTION: Notice of Special Meeting. SUPPLEMENTARY INFORMATION: form more intuitive and easier to use and understand. Additionally, Description: In accordance with Request for Comments information collected in a data format, Section 1104 (b) of Title XI of the The Commission, as part of its as opposed to receiving this information Financial Institutions Reform, Recovery, in a narrative format, will assist us in and Enforcement Act of 1989, as continuing effort to reduce paperwork and respondent burden, invites the analyzing the submissions. amended, notice is hereby given that the Type of Review: Extension with general public and other Federal Appraisal Subcommittee (ASC) met for changes. a Special Meeting on this date: agencies to comment on the continuing Needs and Uses: The information will information collection listed in this Location: Conference Call. be used by the Commission’s staff to notice, as required by the Paperwork ensure that passenger vessel owners, Date: April 9, 2020. Reduction Act of 1995 (44 U.S.C. 3501 charterers, and operators have Time: 1:30 p.m. et seq.). evidenced financial responsibility to Comments submitted in response to indemnify passengers and others in the Action and Discussion Item this notice will be included or event of nonperformance or casualty. Appraisal Foundation 2020 Grant summarized in our request for Office of Frequency: This information is Management and Budget (OMB) collected when applicants apply for a The ASC convened a Special Meeting approval of the relevant information certificate or when existing certificants to consider a revised grant proposal that collection. All comments received, change any information in their was sent to ASC members on March 26, including attachments, are part of the application forms. 2020, by the Appraisal Foundation public record and subject to disclosure. Affected Public Who Will Be Asked or (TAF). By unanimous vote, the ASC Please do not include any confidential Required to Respond: Respondents are declined to entertain the alternate grant material or material that you consider owners, charterers, or operators of proposal submitted to the ASC Board on inappropriate for public disclosure. We passenger vessels with 50 or more March 26th and directed the ASC staff invite comments on: (1) The necessity passenger berths that embark passengers to provide written notice to TAF of this and utility of the proposed information from U.S. ports or territories. fact. The ASC staff will re-issue the collection for the proper performance of Number of Annual Respondents: The Notice of Grant Award associated with the agency’s functions; (2) the accuracy Commission estimates the total number the previously issued award. of the estimated burden; (3) ways to of respondents at 52 annually. Estimated Time per Response: The Dated: April 13, 2020. enhance the quality, utility, and clarity of the information to be collected; and time per response ranges from 0.5 to 8 Lori Schuster, (4) the use of automated collection hours for reporting and recordkeeping Management and Program, Analyst. techniques or other forms of information requirements contained in the [FR Doc. 2020–08043 Filed 4–15–20; 8:45 am] technology to minimize the information regulations, and 8 hours for completing BILLING CODE 6700–01–P collection burden. Application Form FMC–131.

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Total Annual Burden: The Dated: April 10, 2020. FOR FURTHER INFORMATION CONTACT: To Commission estimates the total burden Sarah L. Stewart, request more information on the at 1,233 hours per year. Deputy General Counsel, Federal Mine Safety proposed project or to obtain a copy of and Health Review Commission. the information collection plan and Rachel Dickon, [FR Doc. 2020–07964 Filed 4–15–20; 8:45 am] instruments, contact Jeffrey M. Zirger, Secretary. BILLING CODE 6735–01–P Information Collection Review Office, [FR Doc. 2020–08025 Filed 4–15–20; 8:45 am] Centers for Disease Control and BILLING CODE 6730–02–P Prevention, 1600 Clifton Road NE, MS– DEPARTMENT OF HEALTH AND D74, Atlanta, Georgia 30329; phone: HUMAN SERVICES 404–639–7570; email: [email protected]. SUPPLEMENTARY INFORMATION: Under the FEDERAL MINE SAFETY AND HEALTH Centers for Disease Control and Paperwork Reduction Act of 1995 (PRA) REVIEW COMMISSION Prevention (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the Office of Temporary Suspension of In-Person [60Day–20–0214; Docket No. CDC–2020– 0037] Management and Budget (OMB) for each Hearings collection of information they conduct Proposed Data Collection Submitted or sponsor. In addition, the PRA also AGENCY: Federal Mine Safety and Health for Public Comment and requires Federal agencies to provide a Review Commission. Recommendations 60-day notice in the Federal Register ACTION: Notice. concerning each proposed collection of AGENCY: Centers for Disease Control and information, including each new Prevention (CDC), Department of Health proposed collection, each proposed SUMMARY: The Federal Mine Safety and and Human Services (HHS). extension of existing collection of Health Review Commission (the ACTION: Notice with comment period. information, and each reinstatement of ‘‘Commission’’) is suspending all in- previously approved information person hearings, settlement judge SUMMARY: The Centers for Disease collection before submitting the conferences, and mediations until May Control and Prevention (CDC), as part of collection to OMB for approval. To 31, 2020. its continuing effort to reduce public comply with this requirement, we are burden and maximize the utility of DATES: Applicable: April 10, 2020. publishing this notice of a proposed government information, invites the data collection as described below. FOR FURTHER INFORMATION CONTACT: general public and other Federal The OMB is particularly interested in Sarah Stewart, Deputy General Counsel, agencies to take this opportunity to comments that will help: Office of the General Counsel, Federal comment on proposed and/or 1. Evaluate whether the proposed Mine Safety and Health Review continuing information collections, as collection of information is necessary Commission, at (202) 434–9935. required by the Paperwork Reduction for the proper performance of the Act of 1995. This notice invites functions of the agency, including SUPPLEMENTARY INFORMATION: In view of comment on the National Health the risks presented by the novel whether the information will have Interview Survey (NHIS). The annual practical utility; coronavirus COVID–19, the National Health Interview Survey is a 2. Evaluate the accuracy of the Commission’s Office of the Chief major source of general statistics on the agency’s estimate of the burden of the Administrative Law Judges (‘‘OCALJ’’) health of the U.S. population. proposed collection of information, is, effective April 10, 2020, suspending DATES: Written comments must be including the validity of the all in-person hearings, settlement judge received on or before June 15, 2020. methodology and assumptions used; conferences, and mediations until May 3. Enhance the quality, utility, and 31, 2020. ADDRESSES: You may submit comments, identified by Docket No. CDC–2020– clarity of the information to be At the discretion of the presiding 0037 by any of the following methods: collected; and 4. Minimize the burden of the administrative law judge and in • Federal eRulemaking Portal: collection of information on those who coordination with the parties, hearings Regulations.gov. Follow the instructions are to respond, including through the may proceed by videoconference or by for submitting comments. use of appropriate automated, telephone. Similarly, settlement judge • Mail: Jeffrey M. Zirger, Information electronic, mechanical, or other conferences and mediations may be Collection Review Office, Centers for technological collection techniques or held by videoconference or by Disease Control and Prevention, 1600 other forms of information technology, telephone. If the parties agree that an Clifton Road NE, MS–D74, Atlanta, e.g., permitting electronic submissions evidentiary hearing is not needed, cases Georgia 30329. may also be presented for a decision on of responses. Instructions: All submissions received 5. Assess information collection costs. the record. must include the agency name and The parties will be notified if the Docket Number. All relevant comments Proposed Project hearing needs to be rescheduled. OCALJ received will be posted without change National Health Interview Survey will reassess the risks presented by in- to Regulations.gov, including any (NHIS) (OMB No. 0920–0214, Exp. 12/ person hearings prior to May 31, 2020, personal information provided. For 31/2020)—Revision—National Center and issue a subsequent order informing access to the docket to read background for Health Statistics (NCHS), Centers for the public as to whether the suspension documents or comments received, go to Disease Control and Prevention (CDC). of in-person hearings will continue. Regulations.gov. Please note: All public comment Background and Brief Description The presiding administrative law should be submitted through the Section 306 of the Public Health judge may be contacted with questions Federal eRulemaking portal Service (PHS) Act (42 U.S.C.), as regarding this notice. (regulations.gov) or by U.S. mail to the amended, authorizes that the Secretary Authority: 30 U.S.C. 823. address listed above. of Health and Human Services (HHS),

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acting through NCHS, shall collect off the 2021 NHIS includes dental and protection will not be on the 2021 statistics on the extent and nature of services, other provider services, and NHIS. New sponsored cancer control illness and disability of the population physical activity. Content on walking, content will focus on screenings for of the United States. The annual sleep, fatigue, smoking history and breast, cervical, prostate, and colon National Health Interview Survey cessation and alcohol use will also cancer using similar questions to what (NHIS) is a major source of general rotate off the sample adult core. were used in the 2019 NHIS. statistics on the health of the U.S. Questions on neighborhood Anticipated new sponsored content population and has been in the field characteristics, sleep, screen time, and include questions on epilepsy continuously since 1957. This voluntary height and weight will rotate off the (previously fielded in 2010, 2013, 2015, and confidential household-based sample child core. and 2017) and occupational health. survey collects demographic and health- The 2021 sample adult and sample Like in past years, and in accordance related information from a nationally- child rotating core will include representative sample of households questions about health conditions that with the 1995 initiative to increase the and noninstitutionalized, civilian were previously fielded in the 2018 integration of surveys within the DHHS, persons throughout the country. NHIS NHIS. The 2021 rotating sample adult respondents to the 2021 NHIS will serve data have long been used by core will include questions on hearing as the sampling frame for the Medical government, academic, and private and communication, psychological Expenditure Panel Survey conducted by researchers to evaluate both general distress, chronic pain, preventive the Agency for Healthcare Research and health and specific issues, such as screening, and aspirin use. The Quality. A subsample of NHIS smoking, diabetes, health care coverage, questions on chronic pain, preventive respondents and/or members of and access to health care. The survey is screening and aspirin use were all commercial survey panels may be also a leading source of data for the previously fielded as part of the 2019 identified to participate in short, web- Congressionally-mandated ‘‘Health US’’ rotating core. Questions on based methodological and cognitive and related publications, as well as the psychological distress and hearing and testing activities to evaluate the single most important source of communication were previously fielded questionnaire and/or inform the statistics to track progress toward HHS as part of the 2018 NHIS. The 2021 development of new rotating and health objectives. sample child rotating core will include sponsored content using web and/or The NHIS sample adult and sample items on stressful life events which mail survey tools. In addition, child questionnaires include annual were previously fielded in 2019. subsamples of NHIS respondents may core content that is scheduled to be Sponsored content on asthma will be be recontacted by web, phone, or mail fielded in the survey every year, rotating removed from both the sample adult to ask follow-up questions on topics that content that is fielded periodically, and sample child questionnaires. are already included in the NHIS. In the emerging content to address new topics Sponsored content on cancer control, future, a subsample of NHIS of growing interest, and sponsored immunizations, and diabetes will respondents may also be re-contacted content that is fielded when external remain, but the content will change. for a brief health exam. There is no cost funding is available. Rotating sample Sponsored cancer control content on to the respondents other than their time. adult and sample child core content that cigarette history, lung cancer screening, Clearance is sought for three years, to was on the NHIS in 2020 and will rotate environment for walking and sun care collect data for 2021–2023.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total Type of respondent Form name respondents responses per response burden hours respondent (in hours)

Adult Household Member ...... Household Roster ...... 36,000 1 5/60 3,000 Sample Adult ...... Adult Questionnaire ...... 30,000 1 40/60 20,600 Adult Family Member ...... Child Questionnaire ...... 10,000 1 20/60 3,334 Adult Family Member ...... Methodological Projects ...... 15,000 1 20/60 5,000 Child Family Member ...... NHIS Follow-up survey ...... 3,000 1 20/60 1,000 Adult Family Member ...... Health Exam ...... 10,000 1 45/60 7,500 Adult Family Member ...... Reinterview Survey ...... 5,500 1 5/60 458

Total ...... 40,892

Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND has submitted the information Lead, Information Collection Review Office HUMAN SERVICES collection request titled Airline and Office of Scientific Integrity Office of Science, Vessel Traveler Information Collection Centers for Disease Control and Prevention. Centers for Disease Control and (42 CFR part 71) to the Office of [FR Doc. 2020–07977 Filed 4–15–20; 8:45 am] Prevention Management and Budget (OMB) for BILLING CODE 4163–18–P review and approval. CDC previously [30-Day–20–1180] published a ‘‘Proposed Data Collection Submitted for Public Comment and Agency Forms Undergoing Paperwork Reduction Act Review Recommendations’’ notice on December 23, 2019 to obtain comments from the In accordance with the Paperwork public and affected agencies. CDC Reduction Act of 1995, the Centers for received two comments related to the Disease Control and Prevention (CDC) previous notice. This notice serves to

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allow an additional 30 days for public Background and Brief Description the information required by CDC to and affected agency comments. Under the Public Health Service Act conduct a contact investigation and to CDC will accept all comments for this (42 United States Code § 264), and provide general grammatical proposed information collection project. under 42 Code of Federal Regulations improvements to enhance clarity. The The Office of Management and Budget (CFR) §§ 71.4 and 71.5, CDC can order number of estimated international is particularly interested in comments air carriers and maritime vessels manifests ordered from the air carriers that: arriving from another country to submit in response to a confirmed case or (a) Evaluate whether the proposed a certain information related to suspected exposure after arrival is collection of information is necessary passengers and crew that CDC believes increased given CDC’s experience with for the proper performance of the were exposed to or infected with a the 2019 measles outbreak and the functions of the agency, including communicable disease that poses a risk current COVID–19 outbreak. whether the information will have of spread in the United States. Additionally, under the Interim Final practical utility; Stopping a communicable disease Rule published on February 7, 2020 outbreak—whether it is naturally adding 42 CFR 71.4(d),and the (b) Evaluate the accuracy of the occurring or intentionally caused— subsequent February 18, 2020 Order agencies estimate of the burden of the requires the use of the most rapid and under 42 CFR 71.31 and 71.4, CDC is proposed collection of information, effective public health tools available. seeking through this revision to update including the validity of the Basic public health practices, such as the estimated burden and outline the methodology and assumptions used; collaborating with airlines in the information collection process (c) Enhance the quality, utility, and identification and notification of associated with the requirement that clarity of the information to be potentially exposed contacts, are critical airlines collect contact information from collected; tools in the fight against the travelers and provide that information (d) Minimize the burden of the introduction, transmission, and spread to CDC via existing mechanisms, such collection of information on those who of communicable diseases in the United as PNR, APIS, and eAPIS, on a are to respond, including, through the States. continuous basis following an order use of appropriate automated, The collection of pertinent contact from the Director. electronic, mechanical, or other information enables Quarantine Public While CDC can require maritime technological collection techniques or Health Officers in CDC’s Division of vessels to submit traveler information other forms of information technology, Global Migration and Quarantine under 42 CFR 71.5, this happens very e.g., permitting electronic submission of (DGMQ) to notify state and local health rarely (less than 10 times on an annual responses; and departments in order for them to make basis) and so the burden is not (e) Assess information collection contact with individuals who may have accounted for in this Notice. been exposed to a communicable costs. The total estimated hourly burden to disease during travel and identify To request additional information on respondents as a result of this appropriate public health interventions. the proposed project or to obtain a copy In the event that there is a confirmed information collection is 1,835,134 of the information collection plan and case or suspected exposure of hours per year. While CDC has included instruments, call (404) 639–7570. communicable disease of public health maritime conveyance manifest orders in Comments and recommendations for the concern aboard an aircraft or maritime the public health rationale for this proposed information collection should vessel, or an outbreak in a geographic information collection, these orders be sent within 30 days of publication of location, CDC can require that airlines occur less than 10 times a year and are this notice to www.reginfo.gov/public/ provide certain traveler contact not included in the burden table. CDC do/PRAMain. Find this particular information at risk for exposure. The does not anticipate any cost burden to information collection by selecting information collection differs depending respondents under the manifest process ‘‘Currently under 30-day Review—Open on the communicable disease that is as outlined in 42 CFR 71.4(a) and (b), as for Public Comments’’ or by using the confirmed or suspected during air or this only requires airlines to provide the search function. Direct written maritime travel, or in a geographic information if it is available and comments and/or suggestions regarding location during an outbreak. CDC uses maintained. the items contained in this notice to the this passenger and crew manifest Under the February 7, 2020 IFR, CDC Attention: CDC Desk Officer, Office of information to coordinate with state and anticipates that some 12 US major Management and Budget, 725 17th local health departments so they can carriers and 61 major foreign carriers Street NW, Washington, DC 20503 or by follow-up with residents who live or are will modify their data systems, or fax to (202) 395–5806. Provide written currently located in their jurisdiction. In contract with third party reservation comments within 30 days of notice general, state and local health system providers, to ensure that the publication. departments are responsible for this information required under the IFR is Proposed Project public health follow-up. In rare cases, transmitted using existing mechanisms CDC may use the manifest data to to CBP (e.g., PNR, APIS, eAPIS). CDC Airline and Vessel Traveler perform the contact investigation estimates that these changes will cost Information Collection (42 CFR part 71) directly. In either case, CDC works with approximately $700,000 per carrier for a (OMB Control No. 0920–1180, Exp. 05/ state and local health departments so total cost of $51,100,000. Smaller 31/2020)—Revision—Division of Global that individuals can receive appropriate revenue airlines will also have access to Migration and Quarantine (DGMQ), public health follow-up. eAPIS to submit the information if they National Center for Emerging Zoonotic This revision is requesting minor do not plan to modify their data and Infectious Diseases (NCEZID), changes to the verbiage of the systems. That functionality is already Centers for Disease Control and international manifest order forms used available under the management of U.S. Prevention (CDC). under 42 CFR 71.4(a) and (b) to clarify Customs and Border Protection.

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Average Number of Number of burden per Type of respondent Form name respondents responses per response respondent (in hours)

Airline Medical Officer or Equivalent/Com- International TB Manifest Template ...... 51 1 360/60 puter and Information Systems Manager. Airline Medical Officer or Equivalent/Com- International Non-TB Manifest Template ...... 249 1 360/60 puter and Information Systems Manager. International Passengers (3rd party disclo- No Form ...... 110,000,000 1 .5/60 sure). Airline staff ...... No Form ...... 110,000,000 1 .5/60

Jeffrey M. Zirger, (d) Minimize the burden of the Department surveillance HIV registry Acting Lead, Information Collection Review collection of information on those who matching activities for patients Office, Office of Scientific Integrity, Office are to respond, including, through the presenting for care in STD clinical of Science, Centers for Disease Control and use of appropriate automated, facilities. This revision also includes revention. electronic, mechanical, or other changes to the number and identity of [FR Doc. 2020–07976 Filed 4–15–20; 8:45 am] technological collection techniques or collaborating jurisdictions from 10 to 11 BILLING CODE 4163–18–P other forms of information technology, sites as a result of a recent notice of e.g., permitting electronic submission of funding opportunity. The estimate of responses; and annualized burden hours for this data DEPARTMENT OF HEALTH AND (e) Assess information collection collection increases modestly from HUMAN SERVICES costs. 4,134 hours to 6,303 hours for the To request additional information on revised project as a result of revisions Centers for Disease Control and the proposed project or to obtain a copy and expanding the project from 10 to 11 Prevention of the information collection plan and awardees for the current data collection [30-Day–20–1072] instruments, call (404) 639–7570. cycle. Comments and recommendations for the The purpose of this project is to Agency Forms Undergoing Paperwork proposed information collection should enhance capacity for STD surveillance Reduction Act Review be sent within 30 days of publication of and better meet CDC’s disease this notice to www.reginfo.gov/public/ surveillance mandate by; (1) providing In accordance with the Paperwork do/PRAMain Find this particular Reduction Act of 1995, the Centers for more comprehensive information on information collection by selecting reported cases of notifiable STDs to Disease Control and Prevention (CDC) ‘‘Currently under 30-day Review—Open has submitted the information enhance the ability of public health for Public Comments’’ or by using the authorities to interpret trends in case collection request titled ‘‘The Enhanced search function. Direct written incidence, assess inequalities in the STD surveillance Network (SSuN)’’ to comments and/or suggestions regarding burden of disease by population the Office of Management and Budget the items contained in this notice to the characteristics and to monitor STD (OMB) for review and approval. CDC Attention: CDC Desk Officer, Office of treatment and selected adverse health previously published a ‘‘Proposed Data Management and Budget, 725 17th outcomes of STDs, and, (2) to monitor Collection Submitted for Public Street NW, Washington, DC 20503 or by STD and HIV co-infection, screening, Comment and Recommendations’’ fax to (202) 395–5806. Provide written uptake of high-impact HIV prevention notice on Friday, October 25, 2019, to comments within 30 days of notice and health care access trends among obtain comments from the public and publication. affected agencies. CDC did not receive patients seeking care and those comments related to the previous Proposed Project diagnosed with STDs in specific clinical notice. This notice serves to allow an The Enhanced STD surveillance settings. additional 30 days for public and Network (SSuN), (OMB Control No. Routine STD surveillance activities affected agency comments. 0920–1072 Exp. 09/30/2021)— are ongoing in all US states and CDC will accept all comments for this Revision—National Center for HIV/ jurisdictions, and cases are reported to proposed information collection project. AIDS, Viral Hepatitis, STD, and TB CDC through the National Notifiable The Office of Management and Budget Prevention (NCHHSTP), Centers for Disease Surveillance System (NNDSS). is particularly interested in comments Disease Control and Prevention (CDC). However, case reports are often missing that: critical patient demographics and are of (a) Evaluate whether the proposed Background and Brief Description limited scope with respect to risk collection of information is necessary The National Center for HIV/AIDS, behavior, provider and clinical for the proper performance of the Viral Hepatitis, STD and TB Prevention information, treatment, co-infection and functions of the agency, including (NCHHSTP) is requesting revision of the partner characteristics—data that are whether the information will have information collection entitled needed to appropriately direct disease practical utility; ‘‘Enhanced STD Surveillance Network control activities. Enhanced SSuN is the (b) Evaluate the accuracy of the (SSuN)’’. Revisions to this submission only current surveillance infrastructure agencies estimate of the burden of the include adding reported adult syphilis providing information on patient and proposed collection of information, cases to enhanced case-based partner characteristics, clinical including the validity of the surveillance records, addition of 87 new presentation, screening and uptake of methodology and assumptions used; data elements, removal of 115 data HIV testing, treatment patterns, provider (c) Enhance the quality, utility, and elements associated with a discontinued compliance with treatment clarity of the information to be neurosyphilis surveillance activity and recommendations, HIV co-infection collected; revision of methods to include Health among persons diagnosed with STDs

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and use of high impact STD-related HIV reflecting different sentinel and patients to complete these interviews is prevention interventions such as pre- enhanced population-based surveillance 10 minutes or less depending on skip exposure prophylaxis. methods. patterns. For these activities, The precursor to Enhanced SSuN was The first, Strategy A, includes sentinel jurisdictions follow consensus protocols the STD Surveillance Network (SSuN), surveillance in STD clinics to monitor for all data collection to provide which was established in 2005 as a patient care, screening and diagnostic uniformly coded data on demographic network of six collaborating state and practices, HIV co-infection, treatment characteristics, behavioral risk factors, local public health agencies providing and assess the delivery of high impact, clinical care, laboratory data and health more comprehensive STD case-level and STD-related HIV prevention services. care seeking behaviors. There were clinical facility information. In 2008, Participating local/state health 164,177 cases of gonorrhea diagnosed SSuN was expanded to 12 awardees to departments are implementing common and reported across the 10 participating add important geographic diversity and protocols to abstract demographic, enhanced SSuN jurisdictions funded in to include visit-level data on a full clinical, risk behaviors from existing 2018. Approximately 10.6%, or 17,512 census of patients being seen in health records for patients presenting cases were randomly sampled for categorical STD clinics. Activities of the for care in 15 selected local STD Clinics. enhanced investigation and full previously funded SSuN were Data for this strategy is abstracted from enhanced investigations were subsumed under the network’s scope in existing electronic medical records at completed for 7,132 (40.7%). The establishing enhanced SSuN in 2013, the participating STD clinics, leveraging remaining cases were lost to follow-up which funded 10 awardees to conduct information that is routinely collected due to insufficient contact information, core data collection activities. in the provision of clinical care. A brief or the patient failed to respond to The revised project, SSuN Cycle 4, 10-item de-identified survey will be multiple contact attempts. Similar comprises 11 U.S. local/state health administered at registration to 350 performance is anticipated in the departments, including Baltimore City patients presenting consecutively to the revised project, which includes 11 Health Department, California clinics once annually to assess jurisdictions which reported 173,605 Department of Public Health, City of demographics not collected in the gonorrhea cases in 2017. Approximately Columbus Public Health Department, course of routine patient care. All 17,360 cases will be sampled and 7,380 Florida Department of Health, Indiana survey and medical records are fully de- completed patient investigations are Department of Public Health, identified by collaborating health anticipated. Multnomah County Health Department, departments and transmitted to CDC New York City Department of Health & through secure file transport Data managers at each of the 11 local/ Mental Hygiene, Philadelphia mechanisms six times annually (every state health departments are responsible Department of Public Health, San two months). The estimated time for the for transmitting validated datasets to Francisco Department of Public Health, STD clinic data managers to abstract CDC every month, alternating between Utah Department of Public Health and data from electronic health records and strategies A and B each month. This Washington State Department of Health. process patient surveys is four hours reflects 3,168 burden hours for data management (11 respondents × 12 data Subsequent to reinstatement of OMB every two months. × approval in 2018, enhanced SSuN The second surveillance activity in transmissions 24 hours). Data continues to provide ongoing data SSuN Cycle 4, Strategy B, includes managers will also be responsible for addressing CDC’s Division of Sexually abstraction of all reported gonorrhea conducting HIV registry matching Transmitted Disease and Prevention and adult syphilis cases from the bimonthly; registry matches are priorities (DSTDP), including jurisdiction’s routine STD surveillance estimated to take 20 hours for matching, contributing to CDC’s annual STD data management system, recoding case cleaning and recoding records into surveillance report, CDC’s quarterly and data to conform with common protocols approved data formats. Across all 11 annual progress indicators, and has and performance of a registry match jurisdictions, this represents an informed policy discussions on with the jurisdictions HIV case additional data management burden of 1,320 hours (11 sites × 6 annual matches expedited partner therapy, pre-exposure surveillance system. A random sample × prophylaxis to prevent HIV infection of gonorrhea cases is selected, and 20 hours). (PrEP), documented critical clinical enhanced investigations conducted on The total estimated annual burden services provided by categorical STD the gonorrhea cases selected in the hours for data management staff in clinics, and provided information on the random sample. Enhanced funded jurisdiction is 4,488 hours proportion of cases treated with investigations include clinical data (3,168 + 1,320) for the revised appropriate antimicrobial regimens, collection from reporting providers, information collection. Respondents which is an essential indicator of searching existing health department from local/state health departments compliance with CDC treatment disease and laboratory registries for receive federal funds to participate in recommendations and critical for additional diagnostic and laboratory this project. Participation of patients addressing the emergence of data and attempting to obtain brief and of facility staff is voluntary. There antimicrobial resistance. The major data patient behavioral and demographic are no additional costs or benefits collection components of the network interviews on patients selected in the accrued to respondents other than their are grouped into two primary strategies, random sample. Estimated time for time.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

Data managers at sentinel STD clinics ...... Electronic Clinical Record Abstraction ...... 11 6 4

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

General Public—Adults (persons diagnosed Patient interviews for a random sample of 7,380 1 10/60 with gonorrhea). gonorrhea cases. Data Managers: 11 local/state health depart- Data cleaning/validation, HIV registry match- 11 12 44 ment. ing and data transmission for Strategy A and Strategy B. General Public—Adults (persons visiting STD Clinic Survey ...... 3,850 1 5/60 clinics and participating in the clinic survey).

Jeffrey M. Zirger, include the agency name (Centers for The Zadroga Act also requires that the Lead, Information Collection Review Office, Disease Control and Prevention, HHS) Program establish a research program on Office of Scientific Integrity, Office of Science, and docket number (CDC–2020–0035; health conditions resulting from the Centers for Disease Control and Prevention. NIOSH–334) for this action. All relevant September 11, 2001, terrorist attacks, [FR Doc. 2020–07975 Filed 4–15–20; 8:45 am] comments, including any personal addressing the following topics: BILLING CODE 4163–18–P information provided, will be posted • Physical and mental health without change to http:// conditions that may be related to the www.regulations.gov. DEPARTMENT OF HEALTH AND September 11, 2001, terrorist attacks; HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: • Diagnosing WTC-related health Rachel Weiss, Program Analyst, 1090 conditions for which there have been Centers for Disease Control and Tusculum Avenue, MS: C–48, diagnostic uncertainty; and Prevention Cincinnati, OH 45226; telephone (855) • Treating WTC-related health 818–1629 (this is a toll-free number); [Docket No. CDC–2020–0035; NIOSH–334] conditions for which there have been email [email protected]. treatment uncertainty. World Trade Center Health Program SUPPLEMENTARY INFORMATION: Title I of Research Agenda; Request for the James Zadroga 9/11 Health and Request for Information Information Compensation Act of 2010 (Pub. L. 111– To establish the scope of the next 5- AGENCY: Centers for Disease Control and 347, as amended by Pub. L. 114–113 year research project funding cycle of Prevention, HHS. and Pub. L. 116–59), added Title XXXIII the WTC Health Program, NIOSH is 1 ACTION: Request for information. to the Public Health Service (PHS) Act, soliciting public comments from any establishing the WTC Health Program interested party. Specifically, NIOSH SUMMARY: The National Institute for within the Department of Health and seeks input on research priorities Occupational Safety and Health Human Services (HHS). The WTC involving the WTC Health Program (NIOSH), within the Centers for Disease Health Program provides medical Control and Prevention (CDC), is monitoring and treatment benefits for population of responders and survivors opening a docket to solicit public health conditions on the List of WTC- on the following questions: comment on the scope of upcoming Related Health Conditions (List) 2 to (1) What are the most important funding announcements for the World eligible firefighters and related research gaps that need to be addressed Trade Center (WTC) Health Program personnel, law enforcement officers, within the scope of the research research funding cycle for FY2021. The and rescue, recovery, and cleanup solicitation? WTC Health Program’s research workers who responded to the (2) What are the most important areas program helps answer critical questions September 11, 2001, terrorist attacks in about potential 9/11-related physical of diagnostic and treatment uncertainty New York City, at the Pentagon, and in that could most benefit from and mental health conditions as well as Shanksville, Pennsylvania (responders). intervention research (information that diagnosing and treating health The Program also provides benefits to bridges the gap between science and conditions on the List of WTC-Related eligible persons who were present in the Health Conditions. dust or dust cloud on September 11, practice, care, or treatment by DATES: Comments must be received by 2001, or who worked, resided, or addressing the barriers, challenges, and June 1, 2020. attended school, childcare, or adult needs to advance implementation of new or improved treatment, care, or ADDRESSES: Comments may be daycare in the New York City disaster submitted through either of the area (survivors). practices)? following two methods: (3) What are the primary research • Federal eRulemaking Portal: http:// 1 Title XXXIII of the PHS Act is codified at 42 needs of responders and survivors? www.regulations.gov (follow the U.S.C. 300mm to 300mm–61. Those portions of the instructions for submitting comments), James Zadroga 9/11 Health and Compensation Act John J. Howard, of 2010 found in Titles II and III of Public Law 111– Administrator, World Trade Center Health or 347 do not pertain to the WTC Health Program and • By Mail: NIOSH Docket Office, are codified elsewhere. Program and Director, National Institute for Robert A. Taft Laboratories, MS C–34, 2 The List of WTC-Related Health Conditions is Occupational Safety and Health, Centers for 1090 Tusculum Avenue, Cincinnati, established in 42 U.S.C. 300mm–22(a)(3)–(4) and Disease Control and Prevention, Department Ohio 45226–1998. 300mm–32(b); additional conditions may be added of Health and Human Services. through rulemaking and the complete list is [FR Doc. 2020–07982 Filed 4–15–20; 8:45 am] Instructions: All written submissions provided in WTC Health Program regulations at 42 received in response to this notice must CFR 88.15. BILLING CODE 4163–18–P

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DEPARTMENT OF HEALTH AND Description: ACF is requesting that which there is an immediate threat to a HUMAN SERVICES OMB grant a 180-day approval for this child’s safety and well-being that request under procedures for expedited require instantaneous action. In some Administration for Children and processing. A request for review under cases, an Emergency SIR Addendum Families normal procedures will be incorporated may be required to provide additional into the submission under normal information obtained after the initial Expedited OMB Review and Public procedures. report. Comment; Proposed Information The components of this information 6. Significant Incident Report (SIR) Collection Activity; Administration and request include: and Addendum (Forms A–10C & A– Oversight of the Unaccompanied Alien 1. Care Provider Facility Tour Request 10D): This instrument is used by ORR Children Program (Form A–1A): This instrument is used care provider programs to inform ORR by advocacy groups, faith-based of situations that affect, but do not AGENCY: Office of Refugee Resettlement; organizations, researchers, government Administration for Children and immediately threaten, the safety and officials, and other stakeholders to well-being of a child. In some cases, an Families; U.S. Department of Health and request tours of ORR care provider Human Services. SIR Addendum may be required to facilities. After the request is received, provide additional information obtained ACTION: Request for public comment. ORR documents its decision and details after the initial report. regarding date and location of the tour, 7. Sexual Abuse Significant Incident SUMMARY: The Office of Refugee if applicable, and provides the Resettlement (ORR), Administration for Report (SA/SIR) and Addendum (Forms completed form to the requester. This A–10E & A–10F): This instrument is Children and Families (ACF), U.S. instrument was previously approved Department of Health and Human used by ORR care provider programs to under OMB No. 0970–0498. inform ORR of allegations of sexual Services (HHS), is requesting expedited 2. Notice to UAC for Flores Visits harassment, sexual abuse, and review of an information collection (Forms A–4 & A–4s): This instrument is inappropriate sexual behavior. In some request from the Office of Management used by care provider facilities to notify and Budget (OMB) and inviting public UAC of upcoming visits by Flores cases, an SA/SIR Addendum may be comments on the proposed collection. counsel (lawyers and volunteers from required to provide additional The request consists of several forms the organization that originally information obtained after the initial that allow the Unaccompanied Alien participated in the creation of the Flores report. Children (UAC) Program to monitor care Settlement Agreement) and allow UAC 8. UAC Satisfaction Survey (Forms A– provider facility compliance with to add their name to a sign-up sheet if 11 & A–11s): This instrument is used by federal laws and regulations, legal they are willing to speak with Flores ORR care provider programs to collect agreements, and ORR policies and counsel. information from UAC regarding their procedures; and perform other 3. Authorization for Release of experience while in ORR custody. administrative tasks. Records (Form A–5): This instrument is 9. UAC Satisfaction Survey Aggregate Data: This instrument is used by ORR DATES: Comments due within 60 days of used by attorneys, legal service care provider programs to report publication. In compliance with the providers, child advocates, government aggregate data from UAC Satisfaction requirements of Section 3506(c)(2)(A) of agencies, and other stakeholders to Survey forms submitted to ORR on a the Paperwork Reduction Act of 1995, request UAC case file records. In most quarterly and annual basis. ORR uses ACF is soliciting public comment on the cases, requesters are required to obtain this information to identify areas where specific aspects of the information the signature of the subject of the record it can make programmatic collection described in this notice. request (UAC or their parent/legal guardian or sponsor) and a witness. improvements. ADDRESSES: Copies of the proposed 4. Program Level Event (PLE) Report 10. Hotline Alert (A–12): This collection of information can be (Form A–9): This instrument is used by instrument is used by ORR’s National obtained and comments may be ORR care provider programs to inform Call Center to inform ORR of allegations forwarded by emailing infocollection@ ORR of events that may affect the entire sexual harassment, sexual abuse, acf.hhs.gov. Alternatively, copies can care provider facility, such as an active inappropriate sexual behavior, and also be obtained by writing to the shooter or natural disaster. An updated physical abuse that occurred while the Administration for Children and PLE Report is required for events that UAC was in ORR custody. Families, Office of Planning, Research occur over multiple days or if the Respondents: ORR grantee and and Evaluation (OPRE), 330 C Street situation changes regarding the event. contractor staff; advocacy groups, faith- SW, Washington, DC 20201, Attn: ACF 5. Emergency Significant Incident based organizations, researchers, and Reports Clearance Officer. All requests, Report (SIR) and Addendum (Forms A– government officials; attorneys, legal emailed or written, should be identified 10A & A–10B): This instrument is used service providers, child advocates, and by the title of the information collection. by ORR care provider programs to government agencies; and other SUPPLEMENTARY INFORMATION: inform ORR of urgent situations in stakeholders.

ANNUAL BURDEN ESTIMATES

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

Care Provider Facility Tour Request (Form A–1A) ...... 200 1 10 2,000 Notice to UAC for Flores Visits (Forms A–4 & A–4s) ...... 20 1 15 300 Authorization for Release of Records (Form A–5) ...... 4,000 1 10 40,000 Program Level Event Report (Form A–9) ...... 1,500 1 20 30,000 Emergency Significant Incident Report (Form A–10A) ...... 1,640 1 20 32,800

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ANNUAL BURDEN ESTIMATES—Continued

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

Emergency Significant Incident Report Addendum (Form A–10B) ...... 1,360 1 15 20,400 Significant Incident Report (Form A–10C) ...... 80,340 1 20 1,606,800 Significant Incident Report Addendum (Form A–10D) ...... 25,630 1 15 384,450 Sexual Abuse Significant Incident Report (Form A–10E) ...... 5,980 1 20 119,600 Sexual Abuse Significant Incident Report Addendum (Form A–10F) ...... 4,190 1 15 62,850 UAC Satisfaction Survey (Form A–11 & A–11s) ...... 72,840 1 20 1,456,800 UAC Satisfaction Survey Aggregate Data ...... 235 4 240 225,600 Hotline Alert (Form A–12) ...... 80 1 15 1,200

Estimated Annual Burden Total: DATES: Fax written comments on the pediatric patients. The information 3,982,800. collection of information by May 18, submitted will allow FDA to track the Comments: The Department 2020. number of approved devices for which specifically requests comments on (a) ADDRESSES: To ensure that comments on there is a pediatric subpopulation that whether the proposed collection of the information collection are received, suffers from the disease or condition information is necessary for the proper OMB recommends that written that the device is intended to treat, performance of the functions of the comments be submitted to https:// diagnose, or cure and the review time agency, including whether the www.reginfo.gov/public/do/PRAMain. for each such device application. These requirements apply to information shall have practical utility; Find this particular information applicants who submit humanitarian (b) the accuracy of the agency’s estimate collection by selecting ‘‘Currently under device exemption requests (HDEs), of the burden of the proposed collection Review—Open for Public Comments’’ or of information; (c) the quality, utility, premarket approval applications (PMAs) by using the search function. The OMB or PMA amendments or supplements, or and clarity of the information to be control number for this information collected; and (d) ways to minimize the a product development protocol (PDP). collection is 0910–0748. Also include FDA expects to receive approximately burden of the collection of information the FDA docket number found in on respondents, including through the 47 original PMA/PDP/HDE applications brackets in the heading of this each year, 1 of which FDA expects to be use of automated collection techniques document. or other forms of information HDEs. This estimate is based on the technology. FOR FURTHER INFORMATION CONTACT: average of FDA’s receipt of new PMA Amber Sanford, Office of Operations, applications. The Agency estimates that Authority: 6 U.S.C. 279; 8 U.S.C. 1232; Food and Drug Administration, Three 11 of the estimated 47 original PMA Flores v. Reno Settlement Agreement, No. submissions will fail to provide the CV85–4544–RJK (C.D. Cal. 1996). White Flint North, 10A–12M, 11601 Landsdown St., North Bethesda, MD required pediatric use information and Mary B. Jones, 20852, 301–796–8867, PRAStaff@ their sponsors will therefore be required ACF/OPRE Certifying Officer. fda.hhs.gov. to submit PMA amendments. The Agency also expects to receive [FR Doc. 2020–07995 Filed 4–15–20; 8:45 am] SUPPLEMENTARY INFORMATION: In approximately 928 supplements that BILLING CODE 4184–45–P compliance with 44 U.S.C. 3507, FDA will include the pediatric use has submitted the following proposed information required by section 515A(a) collection of information to OMB for of the FD&C Act and part 814 (21 CFR DEPARTMENT OF HEALTH AND review and clearance. HUMAN SERVICES part 814). Submission of Information on Pediatric All that is required is to gather, Food and Drug Administration Uses of Medical Devices; Requirement organize, and submit information that is for Submission of Information on readily available, using any approach [Docket No. FDA–2016–N–3995] Pediatric Subpopulations That Suffer that meets the requirements of section Agency Information Collection From a Disease or Condition That a 515A(a) of the FD&C Act and part 814. Activities; Submission for Office of Device Is Intended To Treat, Diagnose, We believe that because the applicant is Management and Budget Review; or Cure Under Section 515A of the required to organize and submit only Comment Request; Submission of Federal Food, Drug, and Cosmetic readily available information, no more Information on Pediatric Uses of Act—21 CFR 814 than 8 hours will be required to comply. Medical Devices Furthermore, because supplements may OMB Control Number 0910–0748— include readily available information on Extension AGENCY: Food and Drug Administration, pediatric populations by referencing a HHS. Section 515A(a) of the Food, Drug, previous submission, FDA estimates the ACTION: Notice. and Cosmetic Act (21 U.S.C. 360e-1) average time to obtain and submit the (FD&C Act) requires applicants who required information is a supplement to SUMMARY: The Food and Drug submit certain medical device be 2 hours. FDA estimates that the total Administration (FDA) is announcing applications to include readily available estimated burden is 2,392 hours. that a proposed collection of information providing a description of Additionally, the document entitled information has been submitted to the any pediatric subpopulations that suffer ‘‘Providing Information About Pediatric Office of Management and Budget from the disease or condition that the Uses of Medical Devices—Guidance for (OMB) for review and clearance under device is intended to treat, diagnose, or Industry and Food and Drug the Paperwork Reduction Act of 1995. cure, and the number of affected Administration Staff’’ describes how to

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compile and submit the readily acceptable sources of readily available 60-day notice requesting public available pediatric use information information. We estimate that 20 comment on the proposed collection of required under section 515A(a) of the percent of respondents submitting information. Although one comment FD&C Act. Respondents are permitted to information required by section 515A(a) was received, it was not responsive to submit information relating to uses of of the FD&C Act will choose to submit the four collection of information topics the device outside the approved or this information and that it will take 30 solicited. minutes for them to do so. proposed indication if such uses are FDA estimates the burden of this described or acknowledged in In the Federal Register of December 2, 2019 (84 FR 65986), FDA published a collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN

Number of Average Activity/21 CFR part Number of responses per Total annual burden per Total hours respondents respondent responses response

Pediatric information in an original PMA or PDP— 11 1 11 8...... 88 814.20(b)(13). Pediatric information in a PMA amendment— 5 1 5 8...... 40 814.37(b)(2). Pediatric information in a PMA supplement— 928 1 928 2...... 1,856 814.39(c)(2)(i). Pediatric information in an HDE—814.104(b)(6) ...... 1 1 1 8 ...... 8 Pediatric information for uses outside approved indi- 800 1 800 .5 (30 minutes) ...... 400 cation.

Total ...... 2,392 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Our estimated burden and Dated: April 6, 2020. solicits comments on the information corresponding responses reflect the Lowell J. Schiller, collection associated with establishing requirements under section 515A(a) of Principal Associate Commissioner for Policy. and maintaining a list of U.S. the FD&C Act, in addition to the [FR Doc. 2020–08010 Filed 4–15–20; 8:45 am] manufacturers and processors interested submission of data related to pediatric BILLING CODE 4164–01–P in exporting to the People’s Republic of uses outside an approved indication, as China. described in the document entitled DATES: Submit either electronic or ‘‘Providing Information About Pediatric DEPARTMENT OF HEALTH AND written comments on the collection of Uses of Medical Devices—Guidance for HUMAN SERVICES information by June 15, 2020. ADDRESSES: You may submit comments Industry and Food and Drug Food and Drug Administration Administration Staff.’’ OMB previously as follows. Please note that late, approved the information collection [Docket No. FDA–2020–N–1207] untimely filed comments will not be related to uses outside an approved considered. Electronic comments must Agency Information Collection indication under OMB control number be submitted on or before June 15, 2020. Activities; Proposed Collection; 0910–0762. As the information The https://www.regulations.gov Comment Request; Establishing and electronic filing system will accept collection uses the same data and relies Maintaining a List of U.S. upon the same legal authority as OMB comments until 11:59 p.m. Eastern Time Manufacturers/Processors of Feed at the end of June 15, 2020. Comments control number 0910–0748, we intend Additives, Premixes, Compound Feed, to discontinue OMB control number received by mail/hand delivery/courier Distillers’ Dried Grains, and Distillers’ (for written/paper submissions) will be 0910–0762 and consolidate the Dried Grains With Solubles for Use considered timely if they are information collection accordingly. Our With Animals With Interest in postmarked or the delivery service estimated burden for the information Exporting to The People’s Republic of acceptance receipt is on or before that collection reflects an overall increase of China date. 632 hours. Additionally, we have AGENCY: Food and Drug Administration, altered the title of the collection to Electronic Submissions HHS. reflect all collections of pediatric uses. Submit electronic comments in the ACTION: Notice. Our estimated burden for the following way: • information collection reflects an SUMMARY: The Food and Drug Federal eRulemaking Portal: overall increase of 632 hours and a Administration (FDA or Agency) is https://www.regulations.gov. Follow the corresponding increase of supplements announcing an opportunity for public instructions for submitting comments. and of uses outside of approved comment on the proposed collection of Comments submitted electronically, indications. We attribute this certain information by the Agency. including attachments, to https:// www.regulations.gov will be posted to adjustment to an increase in the number Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are the docket unchanged. Because your of supplements we received over the required to publish notice in the comment will be made public, you are last 5 years and merging data from Federal Register concerning each solely responsible for ensuring that your discontinued OMB control number proposed collection of information and comment does not include any 0910–0762. to allow 60 days for public comment in confidential information that you or a response to the notice. This notice third party may not wish to be posted,

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such as medical information, your or redacted/blacked out, will be available is necessary for the proper performance anyone else’s Social Security number, or for public viewing and posted on of FDA’s functions, including whether confidential business information, such https://www.regulations.gov. Submit the information will have practical as a manufacturing process. Please note both copies to the Dockets Management utility; (2) the accuracy of FDA’s that if you include your name, contact Staff. If you do not wish your name and estimate of the burden of the proposed information, or other information that contact information to be made publicly collection of information, including the identifies you in the body of your available, you can provide this validity of the methodology and comments, that information will be information on the cover sheet and not assumptions used; (3) ways to enhance posted on https://www.regulations.gov. in the body of your comments and you the quality, utility, and clarity of the • If you want to submit a comment must identify this information as information to be collected; and (4) with confidential information that you ‘‘confidential.’’ Any information marked ways to minimize the burden of the do not wish to be made available to the as ‘‘confidential’’ will not be disclosed collection of information on public, submit the comment as a except in accordance with 21 CFR 10.20 respondents, including through the use written/paper submission and in the and other applicable disclosure law. For of automated collection techniques, manner detailed (see ‘‘Written/Paper more information about FDA’s posting when appropriate, and other forms of Submissions’’ and ‘‘Instructions’’). of comments to public dockets, see 80 information technology. Written/Paper Submissions FR 56469, September 18, 2015, or access the information at: https:// Establishing and Maintaining a List of Submit written/paper submissions as www.govinfo.gov/content/pkg/FR-2015- U.S. Manufacturers/Processors of Feed follows: 09-18/pdf/2015-23389.pdf. • Additives, Premixes, Compound Feed, Mail/Hand Delivery/Courier (for Docket: For access to the docket to Distillers’ Dried Grains, and Distillers’ written/paper submissions): Dockets read background documents or the Dried Grains With Solubles for Use Management Staff (HFA–305), Food and electronic and written/paper comments With Animals With Interest in Drug Administration, 5630 Fishers received, go to https:// Exporting to The People’s Republic of Lane, Rm. 1061, Rockville, MD 20852. www.regulations.gov and insert the • China For written/paper comments docket number, found in brackets in the submitted to the Dockets Management heading of this document, into the OMB Control Number 0910–0884— Staff, FDA will post your comment, as ‘‘Search’’ box and follow the prompts Extension well as any attachments, except for and/or go to the Dockets Management information submitted, marked and Staff, 5630 Fishers Lane, Rm. 1061, This information collection request identified, as confidential, if submitted Rockville, MD 20852. allows FDA to include respondents who as detailed in ‘‘Instructions.’’ are U.S. manufacturers/processors of FOR FURTHER INFORMATION CONTACT: Instructions: All submissions received Amber Sanford, Office of Operations, feed additives, premixes, compound must include the Docket No. FDA– Food and Drug Administration, Three feed, distillers’ dried grains, and 2020–N–1207 for ‘‘Establishing and White Flint North, 10A–12M, 11601 distillers’ dried grains with solubles Maintaining a List of U.S. Landsdown St., North Bethesda, MD (hereinafter, ‘‘manufacturers/ Manufacturers/Processors of Feed 20852, 301–796–8867, PRAStaff@ processors’’ of ‘‘covered products’’) on a Additives, Premixes, Compound Feed, fda.hhs.gov. list of those who wish to export their Distillers’ Dried Grains, and Distillers’ products to The People’s Republic of Dried Grains with Solubles for Use with SUPPLEMENTARY INFORMATION: Under the China (China). On January 15, 2020, the Animals with Interest in Exporting to PRA (44 U.S.C. 3501–3521), Federal United States and China entered into an The People’s Republic of China.’’ Agencies must obtain approval from the Economic and Trade Agreement (the Received comments, those filed in a Office of Management and Budget Agreement) which, among other things, timely manner (see ADDRESSES), will be (OMB) for each collection of will streamline the procedures for, and placed in the docket and, except for information they conduct or sponsor. improve the efficiencies of, the those submitted as ‘‘Confidential ‘‘Collection of information’’ is defined exportation of U.S. covered products to Submissions,’’ publicly viewable at in 44 U.S.C. 3502(3) and 5 CFR China. These provisions of the https://www.regulations.gov or at the 1320.3(c) and includes Agency requests Agreement are intended to facilitate Dockets Management Staff between 9 or requirements that members of the trade between the two countries to a.m. and 4 p.m., Monday through public submit reports, keep records, or better meet the demand for U.S. animal Friday. provide information to a third party. feed products in China and to promote • Confidential Submissions—To Section 3506(c)(2)(A) of the PRA (44 the development of animal husbandry submit a comment with confidential U.S.C. 3506(c)(2)(A)) requires Federal in China. Since the timing of the information that you do not wish to be Agencies to provide a 60-day notice in Agreement did not allow for publication made publicly available, submit your the Federal Register concerning each of a 60-day notice under the PRA in comments only as a written/paper proposed collection of information, advance of its implementation, FDA submission. You should submit two including each proposed extension of an requested and the Office of Management copies total. One copy will include the existing collection of information, and Budget (OMB) granted emergency information you claim to be confidential before submitting the collection to OMB review under 5 CFR 1320.13 of a new with a heading or cover note that states for approval. To comply with this information collection request. ‘‘THIS DOCUMENT CONTAINS requirement, FDA is publishing notice Accordingly, we are now inviting CONFIDENTIAL INFORMATION.’’ The of the proposed collection of Agency will review this copy, including information set forth in this document. comment on the estimated burden we the claimed confidential information, in With respect to the following associate with the proposed information its consideration of comments. The collection of information, FDA invites collection. second copy, which will have the comments on these topics: (1) Whether We estimate the burden of this claimed confidential information the proposed collection of information collection of information as follows:

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Type of respondent Number of responses per Total annual burden per Total hours respondents respondent responses response

U.S. manufacturers/processors of covered products ...... 450 1 450 0.083 38 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

This information collection gathers by using the search function. The OMB into commercial distribution for the first the facility name, street address, city, control number for this information time by a person who is required to state, and zip code of U.S. collection is 0910–0120. Also include register; or (3) introducing or manufacturers and processors of the FDA docket number found in reintroducing a device that is covered products, who want to be brackets in the heading of this significantly changed or modified in included on the list sent to China. document. design, components, method of Because similar information is currently FOR FURTHER INFORMATION CONTACT: manufacturer, or the intended use that maintained by respondents in Amber Sanford, Office of Operations, could affect the safety and effectiveness conjunction with registration, we Food and Drug Administration, Three of the device. Section 807.87 lists the believe burden associated with this White Flint North, 10A–12M, 11601 information required in each 510(k). collection to be minimal. However, as a Landsdown St., North Bethesda, MD Form FDA 3514, a summary cover new information collection, we invite 20852, 301–796–8867, PRAStaff@ sheet form, assists respondents in comment specifically in this regard. fda.hhs.gov. categorizing administrative 510(k) This is a new information collection. information for submission to FDA. This SUPPLEMENTARY INFORMATION: In Our estimate is based on our experience form also assists respondents in compliance with 44 U.S.C. 3507, FDA with similar information collection. categorizing information for other FDA has submitted the following proposed Dated: April 7, 2020. medical device programs such as PMAs, collection of information to OMB for investigational device exemptions, De Lowell J. Schiller, review and clearance. Novo requests, HDEs, etc. Principal Associate Commissioner for Policy. Premarket Notification Procedures—21 Section 204 of the Food and Drug [FR Doc. 2020–08007 Filed 4–15–20; 8:45 am] CFR Part 807, Subpart E Administration Modernization Act of BILLING CODE 4164–01–P 1997 (FDAMA) (Pub. L. 105–115) OMB Control Number 0910–0120— amended section 514 of the FD&C Act Revision (21 U.S.C. 360d). Amended section 514 DEPARTMENT OF HEALTH AND Section 510(k) of the Federal Food, of the FD&C Act allows FDA to HUMAN SERVICES Drug, and Cosmetic Act (FD&C Act) (21 recognize consensus standards U.S.C. 360(k)) and implementing Food and Drug Administration developed by international and national regulations in part 807 (21 CFR part 807, organizations for use in satisfying [Docket No. FDA–2013–N–0804] subpart E) require a premarket portions of device premarket review notification submission (‘‘510(k)’’) at submissions including 510(k) or other Agency Information Collection least 90 days before the introduction, or requirements. FDA has published and Activities; Submission for Office of delivery for introduction into interstate updated regularly the list of recognized Management and Budget Review; commerce, for commercial distribution standards since enactment of FDAMA Comment Request; Premarket of a device intended for human use. and has allowed 510(k) submitters to Notification Procedures Based on the information provided in certify conformance to recognized the notification, FDA determines AGENCY: Food and Drug Administration, standards to meet the requirements of HHS. whether the new device is substantially § 807.87. equivalent to a legally marketed device, Under § 807.90(a)(3), inquiries ACTION: Notice. as defined in § 807.92(a)(3). If the device regarding a 510(k) submission should be SUMMARY: The Food and Drug is determined to be not substantially in writing and sent to one of the Administration (FDA) is announcing equivalent to a legally marketed device, addresses in § 807.90(a). that a proposed collection of it must have an approved premarket Under § 807.87(h), each 510(k) information has been submitted to the approval application (PMA), product submitter must include in the 510(k) Office of Management and Budget development protocol, humanitarian either a summary of the information in (OMB) for review and clearance under device exemption (HDE), request for an the 510(k) as required by § 807.92 the Paperwork Reduction Act of 1995. evaluation of automatic class III (510(k) summary) or a statement designation (De Novo request), or be certifying that the submitter will make DATES: Submit written comments reclassified into class I or class II before available upon request the information (including recommendations) on the being marketed (see OMB control in the 510(k) with certain exceptions as collection of information by May 18, numbers 0910–0231, 0910–0332, 0910– per § 807.93 (510(k) statement). 2020. 0844, and 0910–0138). FDA makes the Section 745A(b) of the FD&C Act (21 ADDRESSES: To ensure that comments on final decision of whether a device is U.S.C. 379k–1(b), amended by section the information collection are received, substantially equivalent or not 207 of the FDA Reauthorization Act of OMB recommends that written substantially equivalent. 2017 (FDARA) (Pub. L. 115–52), comments be submitted to https:// Section 807.81 governs when a 510(k) requires that submissions for devices www.reginfo.gov/public/do/PRAMain. is required. A 510(k) is required to be under section 510(k), among other Find this particular information submitted by a person who is: (1) submission types, be submitted in collection by selecting ‘‘Currently under Introducing a device to the market for electronic format specified by FDA. In Review—Open for Public Comments’’ or the first time; (2) introducing a device addition, in the Medical Device User

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Fee Amendments of 2017 (MDUFA IV) Health (CDRH) will follow when a knowledgeable of how these groups Commitment Letter from the Secretary request for recognition of a voluntary address the attributes outlined in OMB of Health and Human Services to consensus standard is received. The Circular A–119, ‘‘Federal Participation Congress,1 FDA committed to draft guidance outlines justifications for in the Development and Use of developing ‘‘electronic submission why a standard may be recognized Voluntary Consensus Standards and in templates that will serve as guided wholly, partly, or not at all, as well as Conformity Assessment Activities.’’ If submission preparation tools for reasons and rationales for withdrawing we have questions regarding how a industry to improve submission a standard. The draft guidance also specific standard was developed with consistency and enhance efficiency in discusses that any interested party may respect to the voluntary consensus the review process.’’ The Electronic request recognition of a standard and standards development process, we may Submission Template and Resource provides respondents with suggested followup with respondents for (eSTAR) is such an electronic information to include in a request for additional information on a case-by-case submission template for 510(k) recognition of a standard. basis (we believe these nonstandardized submissions to facilitate the preparation In the Federal Register of September followup questions designed to clarify of submissions in electronic format. 14, 2018 (83 FR 46740), we published a responses would be exempt from OMB In the Federal Register of December notice announcing the availability of the review and approval under 5 CFR 30, 2019 (84 FR 71958) we published a draft guidance, including a 60-day 1320.3(h)(9)). 60-day notice requesting public notice under the PRA, and invited As indicated in FDA’s guidance comment on the proposed collection of comment on proposed collection of entitled ‘‘Appropriate Use of Voluntary information. No comments were information. One comment was received Consensus Standards in Premarket received. stating, information ‘‘required’’ for a Upon further evaluation, however, in recommendation for recognition of a Submission for Medical Devices’’: ‘‘The addition to the revisions discussed in standard, a description of how the use of consensus standards is not our 60-day notice, we are also revising requirements in the final guidance have mandatory for medical device premarket the information collection to include the been satisfied should also be included submissions unless the consensus draft guidance document entitled along with information about the standard has been incorporated by ‘‘Recognition and Withdrawal of standard and that a copy of the standard reference into a regulation. A Voluntary Consensus Standards; needs to be available to the public at no manufacturer may choose to rely on Guidance for Industry and Food and charge. First, we note that the applicable consensus standards or Drug Administration Staff.’’ The commenter is incorrect; the draft address issues relevant to approval or guidance is being issued consistent with guidance document states that the clearance in another manner.’’ Note that our Good Guidance Practice Regulations information in section IV.B. should be the recognition process is separate from in 21 CFR 10.115, which provides for provided when requesting recognition, creation of regulations that incorporate comment at any time. but it is not required. We believe that standards by reference. Consistent with Incorporating burden that may be requiring a request to include (in OMB Circular A–119, FDA considers associated with recommendations addition to the list of recommended ‘‘reasonable availability’’ of a standard discussed in the draft guidance items) information regarding how each when determining whether to optimizes our operational efficiency attribute or element of the voluntary incorporate a standard by reference into with regard to requests to recognize consensus standards development regulation. voluntary consensus standards. The process was met would be unduly We intend to finalize the guidance draft guidance document is available at burdensome. We remain active in and and we are seeking OMB approval of the https://www.fda.gov/media/115964/ aware of many national and information collection provisions download and discusses procedures the international voluntary consensus discussed. We estimate the burden of Center for Devices and Radiological standards bodies and, therefore, are this collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Number of Total annual Average Activity and 21 CFR part; section Form number Total hours 2 respondents responses per responses burden per respondent response 2

510(k) submission (807 subpart FDA 3881 ...... 3,800 1 3,800 79.25 ...... 301,150 E). Summary cover sheet (807.87) ... FDA 3514 ...... 1,906 1 1,906 0.5 ...... 953 Status request (807.90(a)(3)) ...... 1 1 1 0.25 ...... 1 510(k) summary (807.92) ...... 2,725 1 2,725 4 ...... 10,900 510(k) statement (807.93) ...... 215 1 215 10 ...... 2,150 510(k) submission (807 subpart FDA 4062 ...... 100 1 100 40 ...... 4,000 E)—via eSTAR. eSTAR setup—(one-time burden) ...... 80 1 80 0.08 (5 minutes) ...... 6 Request for recognition of vol- ...... 9 1 9 1...... 9 untary consensus standard.

Total ...... 319,169 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Numbers have been rounded.

1 See 163 CONG. REC. S4729–S4736 (daily ed. User Fee Reauthorization), also available at https:// August 2, 2017) (Food and Drug Administration www.fda.gov/media/102699/download.

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Upon review of this information Additionally, we have updated the time burden). Under section 745A(b) of collection, we have made the following checklist to include combination FD&C Act, amended by section 207 of changes: products, as appropriate. The estimated FDARA, and consistent with the • We have updated the burden number of responses as updated with MDUFA IV Commitment Letter,2 FDA estimate consistent with new provisions current data in this submission, reflects has developed the eSTAR (eSTAR, Form in § 807.87(j) regarding ‘‘Human Subject the inclusion of combination products. FDA 4062) for 510(k) submissions to Protection; Acceptance of Data from • We revised and reformatted Form facilitate the preparation of submissions Clinical Investigations for Medical FDA 3514, ‘‘CDRH Premarket Review in electronic format. We expect to Devices’’ (83 FR 7366; February 21, Submission Cover Sheet,’’ to improve receive approximately 100 510(k) 2018) (approved under OMB control usability and to be inclusive of most submissions via eSTAR per year. We number 0910–0741). Section 807.87 was medical device product submission estimate that eSTAR submissions will amended to address requirements for types. Form FDA 3514, a summary take approximately 40 hours per 510(k) submissions supported by cover sheet form, assists respondents in submission. Additionally, we’ve clinical data. For clinical investigations categorizing 510(k) information for estimated a one-time setup burden of 5 conducted in the United States, submission to FDA. This form also minutes for approximately 80 new submitters are required to submit a assists respondents in categorizing eSTAR users annually. statement as described in § 807.87(j)(1). information for other FDA medical • We have also added Agency For clinical investigations conducted device programs. The total burden for guidance to assist respondents who outside the United States, submitters are Form FDA 3514 and for the 510(k) request recognition of a voluntary required to submit the information as program is estimated in this ICR. The consensus standard. The guidance described in § 807.87(j)(2). Consistent burden for the other medical device recommends that respondents provide with our estimate in OMB control programs listed on Form FDA 3514 are basic contact information to FDA along number 0910–0741, this revision approved under the corresponding with details about the specific standard increases our burden estimate for a product submission ICRs as follows: recognition request. Based on previous 510(k) submission by 15 minutes per Premarket approval applications (OMB requests for recognition of standards, we submission. control number 0910–0231), • estimate we will receive nine requests We corrected the burden table to investigational device exemptions (OMB annually and assume that each request include a line for the ‘‘510(k) Summary’’ control number 0910–0078), will take less than 1 hour to prepare. under § 807.92. This section was humanitarian device exemptions The adjustments and revisions result inadvertently removed from the (control number 0910–0332), CLIA in a 39,464-hour decrease in the total previous version of the information waivers (OMB control number 0910– hour burden estimate since the last collection request (ICR). 0598), Q-Submissions (OMB control OMB approval. • We are making available Form FDA number 0910–0756), De Novo requests 3881 ‘‘Indications for Use’’ that (OMB control number 0910–0844), Dated: April 9, 2020. respondents include as part of a medical Emergency Use Authorizations (OMB Lowell J. Schiller, device 510(k). The information provided control number 0910–0595), 513(g) Principal Associate Commissioner for Policy. via the form is already approved under requests (OMB control number 0910– [FR Doc. 2020–08011 Filed 4–15–20; 8:45 am] this ICR. The form does not ask for new 0705); and Appeals (OMB control BILLING CODE 4164–01–P information and does not bear on the number 0910–0738). underlying program or on the hour or • Certain revisions to Form FDA cost burden associated with the 3514, as previously described, eliminate DEPARTMENT OF HEALTH AND information collection, rather it the need for Form FDA 3654, HUMAN SERVICES provides a fillable, Section 508- ‘‘Standards Data Report for 510(k)s.’’ compliant format for respondents to use Additionally, the ability for Form FDA Food and Drug Administration for the ‘‘Indications for Use’’ portion of 3514 to be expandable for the number [Docket No. FDA–2009–N–0360] their 510(k) submission. of standards cited will increase • We updated the guidance ‘‘Refuse awareness of actual standards in a Agency Information Collection to Accept Policy for 510(k)s’’ to submission and how they were used on Activities; Proposed Collection; explicitly recommend providing an a single form (compared to including Comment Request; Food and Drug Acceptance Checklist in the 510(k) several Form FDA 3654 documents). In Administration Safety Communication submission. The guidance previously the rare occasions where the sponsor Readership Survey; Withdrawal of provided the checklist as an example of elects to not use Form FDA 3514 for Notice a tool that FDA staff use when standards, this would not have any reviewing a 510(k) submission. While it effect on the review outcome, with AGENCY: Food and Drug Administration, was not explicitly recommended, regard to standards, as the form serves HHS. respondents had used the example and as a means to identify what standards ACTION: Notice; withdrawal. had included it with their 510(k) are cited, how they are used, and where SUMMARY: submission. We believe the checklist in the submission they are located. The Food and Drug can be a helpful tool for both reviewers • We have removed Form FDA 3541, Administration (FDA) is announcing the and 510(k) submitters and have ‘‘Status Request.’’ In practice, Form FDA withdrawal of a notice that was therefore updated the guidance to 3541 is rarely used. We have adjusted published in the Federal Register of explicitly recommend inclusion of the the burden estimate to reflect this March 6, 2020. checklist in the 510(k) submission. removal. Under § 807.90(a)(3), all DATES: The notice is withdrawn on Because most submitters included the inquiries regarding a premarket April 16, 2020. checklist on their own initiative and notification submission should be in FOR FURTHER INFORMATION CONTACT: Ila because it may simplify preparation of writing and sent to one of the addresses S. Mizrachi, Office of Operations, Food the 510(k), we do not believe adding the listed in § 807.90(a). and Drug Administration, Three White checklist to this ICR affects the overall • We have added burden estimates burden for a 510(k) submission. for the eSTAR and eSTAR setup (one- 2 https://www.fda.gov/media/102699/download.

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Flint North, 10A63, 11601 Landsdown DEPARTMENT OF HEALTH AND confidential business information, such St., North Bethesda, MD 20852, 301– HUMAN SERVICES as a manufacturing process. Please note 796–7726, [email protected]. that if you include your name, contact Food and Drug Administration information, or other information that SUPPLEMENTARY INFORMATION: In a notice [Docket No. FDA–2011–N–0424] identifies you in the body of your published in the Federal Register of comments, that information will be March 6, 2020 (85 FR 13171), ‘‘Agency Agency Information Collection posted on https://www.regulations.gov. Information Collection Activities; Activities; Proposed Collection; • If you want to submit a comment Proposed Collection; Comment Request; Comment Request; Temporary with confidential information that you Food and Drug Administration Safety Marketing Permit Applications do not wish to be made available to the Communication Readership Survey,’’ public, submit the comment as a FDA requested comment on the AGENCY: Food and Drug Administration, written/paper submission and in the information collection associated with HHS. manner detailed (see ‘‘Written/Paper Safety Communication Readership ACTION: Notice. Submissions’’ and ‘‘Instructions’’). Surveys. SUMMARY: The Food and Drug Written/Paper Submissions Under the Paperwork Reduction Act Administration (FDA or Agency) is Submit written/paper submissions as of 1995 (the PRA), Federal Agencies are announcing an opportunity for public follows: required to publish notice in the comment on the proposed collection of • Mail/Hand Delivery/Courier (for Federal Register concerning each certain information by the Agency. written/paper submissions): Dockets proposed collection of information, Under the Paperwork Reduction Act of Management Staff (HFA–305), Food and including each proposed extension of an 1995 (PRA), Federal Agencies are Drug Administration, 5630 Fishers existing collection of information, and required to publish notice in the Lane, Rm. 1061, Rockville, MD 20852. to allow 60 days for public comment in Federal Register concerning each • For written/paper comments response to the notice. proposed collection of information, submitted to the Dockets Management including each proposed extension of an Staff, FDA will post your comment, as In the March 6, 2020, Federal Register existing collection of information, and well as any attachments, except for document, FDA proposed to extend the to allow 60 days for public comment in information submitted, marked and information collection related to the response to the notice. This notice identified, as confidential, if submitted Safety Communication Readership solicits comments on reporting as detailed in ‘‘Instructions.’’ Survey (OMB control number 0910– requirements contained in existing FDA Instructions: All submissions received 0341). However, we are withdrawing the regulations governing temporary must include the Docket No. FDA– notice because, upon further review of marketing permit applications. 2011–N–0424 for ‘‘Agency Information the information collection request (ICR), DATES: Submit either electronic or Collection Activities; Proposed we have determined that it is more written comments on the collection of Collection; Comment Request; appropriate to include the estimated information by June 15, 2020. Temporary Marketing Permit burden expressed in the Safety ADDRESSES: You may submit comments Applications.’’ Received comments, Communication Readership Survey ICR as follows. Please note that late, those filed in a timely manner (see in the ‘‘generic’’ ICR for ‘‘Testing untimely filed comments will not be ADDRESSES), will be placed in the docket Communications on Medical Devices considered. Electronic comments must and, except for those submitted as and Radiation-Emitting Products’’ (OMB be submitted on or before June 15, 2020. ‘‘Confidential Submissions,’’ publicly control number 0910–0678). The https://www.regulations.gov viewable at https://www.regulations.gov electronic filing system will accept or at the Dockets Management Staff Because we intend to submit between 9 a.m. and 4 p.m., Monday information collections for safety comments until 11:59 p.m. Eastern Time at the end of June 15, 2020. Comments through Friday. communication readership surveys • received by mail/hand delivery/courier Confidential Submissions—To under the generic information collection (for written/paper submissions) will be submit a comment with confidential approval, OMB control number 0910– considered timely if they are information that you do not wish to be 0678, we will discontinue the ICR for postmarked or the delivery service made publicly available, submit your OMB control number 0910–0341 and we acceptance receipt is on or before that comments only as a written/paper are withdrawing the March 6, 2020, date. submission. You should submit two document requesting comment on the copies total. One copy will include the information collection. Electronic Submissions information you claim to be confidential Dated: April 8, 2020. Submit electronic comments in the with a heading or cover note that states following way: ‘‘THIS DOCUMENT CONTAINS Lowell J. Schiller, • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The Principal Associate Commissioner for Policy. https://www.regulations.gov. Follow the Agency will review this copy, including [FR Doc. 2020–08004 Filed 4–15–20; 8:45 am] instructions for submitting comments. the claimed confidential information, in BILLING CODE 4164–01–P Comments submitted electronically, its consideration of comments. The including attachments, to https:// second copy, which will have the www.regulations.gov will be posted to claimed confidential information the docket unchanged. Because your redacted/blacked out, will be available comment will be made public, you are for public viewing and posted on solely responsible for ensuring that your https://www.regulations.gov. Submit comment does not include any both copies to the Dockets Management confidential information that you or a Staff. If you do not wish your name and third party may not wish to be posted, contact information to be made publicly such as medical information, your or available, you can provide this anyone else’s Social Security number, or information on the cover sheet and not

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in the body of your comments and you provide information to a third party. establishing definitions and standards of must identify this information as Section 3506(c)(2)(A) of the PRA (44 identity for food. Under section 403(g) ‘‘confidential.’’ Any information marked U.S.C. 3506(c)(2)(A)) requires Federal of the FD&C Act (21 U.S.C. 343(g)), a as ‘‘confidential’’ will not be disclosed Agencies to provide a 60-day notice in food that is subject to a definition and except in accordance with 21 CFR 10.20 the Federal Register concerning each standard of identity prescribed by and other applicable disclosure law. For proposed collection of information, regulation is misbranded if it does not more information about FDA’s posting including each proposed extension of an conform to such definition and standard of comments to public dockets, see 80 existing collection of information, of identity. Section 130.17 (21 CFR FR 56469, September 18, 2015, or access before submitting the collection to OMB 130.17) provides for the issuance by the information at: https:// for approval. To comply with this FDA of temporary marketing permits www.govinfo.gov/content/pkg/FR-2015- requirement, FDA is publishing notice that enable the food industry to test 09-18/pdf/2015-23389.pdf. of the proposed collection of consumer acceptance and measure the Docket: For access to the docket to information set forth in this document. technological and commercial feasibility read background documents or the With respect to the following in interstate commerce of experimental electronic and written/paper comments collection of information, FDA invites packs of food that deviate from received, go to https:// comments on these topics: (1) Whether applicable definitions and standards of www.regulations.gov and insert the the proposed collection of information identity. Section 130.17(c) enables the docket number, found in brackets in the is necessary for the proper performance Agency to monitor the manufacture, heading of this document, into the of FDA’s functions, including whether labeling, and distribution of ‘‘Search’’ box and follow the prompts the information will have practical experimental packs of food that deviate and/or go to the Dockets Management utility; (2) the accuracy of FDA’s from applicable definitions and Staff, 5630 Fishers Lane, Rm. 1061, estimate of the burden of the proposed standards of identity. The information Rockville, MD 20852. collection of information, including the so obtained can be used in support of FOR FURTHER INFORMATION CONTACT: validity of the methodology and a petition to establish or amend the Domini Bean, Office of Operations, assumptions used; (3) ways to enhance applicable definition or standard of Food and Drug Administration, Three the quality, utility, and clarity of the identity to provide for the variations. White Flint North, 10A–12M, 11601 information to be collected; and (4) Section 130.17(i) specifies the Landsdown St., North Bethesda, MD ways to minimize the burden of the information that a firm must submit to 20852, 301–796–5733, PRAStaff@ collection of information on FDA to obtain an extension of a fda.hhs.gov. respondents, including through the use temporary marketing permit. SUPPLEMENTARY INFORMATION: Under the of automated collection techniques, Description of Respondents: PRA (44 U.S.C. 3501–3521), Federal when appropriate, and other forms of Respondents to this collection of Agencies must obtain approval from the information technology. information include private sector Office of Management and Budget Temporary Marketing Permit businesses including institutional and/ (OMB) for each collection of Applications—21 CFR 130.17(c) and (i) or industrial customers and food information they conduct or sponsor. industry members such as ‘‘Collection of information’’ is defined OMB Control Number 0910–0133— manufacturers, packers, or distributors in 44 U.S.C. 3502(3) and 5 CFR Extension desiring to apply for a temporary 1320.3(c) and includes Agency requests Section 401 of the Federal Food, Drug, marketing permit or permit extension. or requirements that members of the and Cosmetic Act (21 U.S.C. 341) (FD&C We estimate the burden of this public submit reports, keep records, or Act) directs FDA to issue regulations collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Average Number of Number of Total burden per 21 CFR section; activity respondents responses per annual response Total hours respondent responses (in hours)

130.17(c); Request for temporary marketing permit ...... 13 2 26 25 650 130.17(i); Request to extend marketing permit ...... 1 2 2 2 4

Total ...... 654 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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Based on a review of the information FDA Advisory Committee Membership collected to assess the candidate’s collection since our last request for Nominations ability to represent all interested OMB approval, we have made no persons within the class which the OMB Control Number 0910–0833 adjustments to our burden estimate. member is selected to represent (21 CFR FDA chooses to select advisory Dated: April 3, 2020. 14.86). committee members through a Each nominee should be sure to Lowell J. Schiller, nomination process. (Appendix A to review the Agency website for Principal Associate Commissioner for Policy. Subpart C of 41 CFR 102–3, the Federal information on: [FR Doc. 2020–08009 Filed 4–15–20; 8:45 am] Advisory Committee Management • Vacancies, qualifications, and BILLING CODE 4164–01–P regulations note that the Federal experience for more details concerning Advisory Committee Act (FACA, 5 vacancies on each committee and the U.S.C. App. 2) does not specify the qualifications and experience common DEPARTMENT OF HEALTH AND manner in which advisory committee for nominees. Vacancies are updated HUMAN SERVICES members and staff must be appointed.) periodically; therefore, one or more A person can self-nominate or be vacancies listed may be in the Food and Drug Administration nominated by another individual. In nomination process or a final order to identify and select qualified appointment may have been made. [Docket No. FDA–2017–N–0366] individuals to serve on its advisory • Potential conflicts of interest such committees, FDA has established an as financial holdings, employment, and Agency Information Collection online portal, the FDA Advisory research grants and/or contracts in order Activities; Submission for Office of Committee Membership Application, to to permit evaluation of possible sources Management and Budget Review; accept nominations of potential of conflict of interest. Comment Request; Advisory advisory committee members. Also, FDA asks that prospective Committee Nomination Applications The FDA Advisory Committee nominees inform us of how they heard Membership Application accepts about the FDA Advisory Committees AGENCY: Food and Drug Administration, nominations for Academician/ (e.g., attendance at a professional HHS. Practitioner, Consumer Representative, meeting, an article in a publication, our ACTION: Notice. and Industry Representative website, while speaking with a friend or membership types. Nominees who are colleague). SUMMARY: The Food and Drug nominated as scientific members should To further the Agency’s goals of Administration (FDA) is announcing be technically qualified experts in the promoting transparency regarding the that a proposed collection of field (e.g., clinical medicine, advisory committee process, FDA will information has been submitted to the engineering, biological and physical also require that nominees to serve on Office of Management and Budget sciences, biostatistics, food sciences) advisory committees submit a consent (OMB) for review and clearance under and have experience interpreting form authorizing FDA to post, without the Paperwork Reduction Act of 1995 complex data. Candidates must be able removing or redacting any information, (PRA). to analyze detailed scientific data and to FDA’s public website (http:// DATES: Submit written comments understand its public health www.fda.gov/AdvisoryCommittees) the (including recommendations) on the significance. The nomination process CV submitted as part of their collection of information by May 18, has recently been made electronic and nomination materials if the nominee is 2020. is available at http:// selected to serve on an advisory accessdata.test.fda.gov/scripts/ committee. The consent form requires ADDRESSES: To ensure that comments on FACTRSPortal/FACTRS/index.cfm. To that the nominee affirm that the CV does the information collection are received, submit a nomination, nominators or not include any confidential OMB recommends that written prospective nominees should upload information, including information comments be submitted to https:// the following documents in PDF format pertaining to third parties, that the www.reginfo.gov/public/do/PRAMain. (see 21 CFR 14.82(c)): (1) Curriculum nominee is not permitted to disclose. A Find this particular information vitae (CV); (2) a written confirmation nominee will be required to submit a collection by selecting ‘‘Currently under that the nominee(s) is (are) aware of the signed consent form as a part of the Review—Open for Public Comments’’ or nomination (unless self-nominated); and nomination package for the nomination by using the search function. The OMB (3) letters of recommendation are also to be considered complete. control number for this information suggested. For Consumer Representative All nominations for new advisory collection is 0910–0833. Also include nominations, a cover letter that lists committee members will be required to the FDA docket number found in consumer or community organizations be submitted through FDA’s website at brackets in the heading of this for which the candidate can http://accessdata.test.fda.gov/scripts/ document. demonstrate active participation is also FACTRSPortal/FACTRS/index.cfm, or FOR FURTHER INFORMATION CONTACT: recommended. any successor system, and the These documents are collected in Amber Sanford, Office of Operations, submission will be required to be order to determine if the nominee has Food and Drug Administration, Three accompanied by the consent form, on or the expertise in the subject matter with White Flint North, 10A–12M, 11601 after the date of OMB approval for this which the committee is concerned and Landsdown St., North Bethesda, MD information collection. has diverse professional education, In the Federal Register of January 7, 20852, 301–796–8867, PRAStaff@ training, and experience so that the 2020 (85 FR 718), we published a 60- fda.hhs.gov. committee will reflect a balanced day notice requesting public comment SUPPLEMENTARY INFORMATION: In composition of sufficient scientific on the proposed collection of compliance with 44 U.S.C. 3507, FDA expertise to handle the problems that information. Two comments were has submitted the following proposed come before it (21 CFR 14.80(b)(1)(i)). In received but were not responsive to the collection of information to OMB for the case of Industry and Consumer information collection topics solicited review and clearance. Representatives, information is under the PRA.

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We therefore estimate the burden of the information collection as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Total Average 21 CFR part 14; subpart e—members of Number of responses per annual burden per Total hours advisory committees respondents respondent responses response

Advisory Committee Membership Nomina- tions ...... 391 1 391 0.25 98 (15 minutes) Representative Member Submission of Updated Information ...... 54 1 54 0.25 14 (15 minutes)

Total ...... 445 ...... 112 1 There are no capital costs or operating and maintenance costs associated with this information collection.

Based on a review of data, we Dated: April 3, 2020. be submitted on or before June 15, 2020. received 354 nominations for Lowell J. Schiller, The https://www.regulations.gov membership to FDA advisory Principal Associate Commissioner for Policy. electronic filing system will accept committees in fiscal year (FY) 2015; we [FR Doc. 2020–08008 Filed 4–15–20; 8:45 am] comments until 11:59 p.m. Eastern Time received 510 nominations in FY 2016; BILLING CODE 4164–01–P at the end of June 15, 2020. Comments we received 500 nominations in FY received by mail/hand delivery/courier 2017; we received 258 nominations in (for written/paper submissions) will be FY 2018; and we received 333 DEPARTMENT OF HEALTH AND considered timely if they are nominations in FY 2019. By averaging HUMAN SERVICES postmarked or the delivery service the number of nominations received acceptance receipt is on or before that Food and Drug Administration annually over the past 5 years, we date. estimate there are approximately 391 [Docket No. FDA–2010–N–0622] Electronic Submissions respondents to the information Submit electronic comments in the collection. We estimate it takes Agency Information Collection Activities; Proposed Collection; following way: respondents 15 minutes to complete an • Comment Request; Color Additive Federal eRulemaking Portal: initial nomination, where Certification Requests and https://www.regulations.gov. Follow the accompanying documentation is already Recordkeeping instructions for submitting comments. available or has been prepared in Comments submitted electronically, advance by respondents. Multiplying 15 AGENCY: Food and Drug Administration, including attachments, to https:// minutes (0.25) by the number of HHS. www.regulations.gov will be posted to respondents to the information ACTION: Notice. the docket unchanged. Because your collection (391) equals 97.75 (98 comment will be made public, you are SUMMARY: rounded) annual burden hours. The Food and Drug solely responsible for ensuring that your Administration (FDA, Agency, or we) is We have also included a burden comment does not include any announcing an opportunity for public confidential information that you or a estimate for members who currently comment on the proposed collection of serve on FDA advisory committees who third party may not wish to be posted, certain information by the Agency. such as medical information, your or are not Special Government and Regular Under the Paperwork Reduction Act of anyone else’s Social Security number, or Government Employees and who must 1995 (PRA), Federal Agencies are confidential business information, such submit an updated CV and an executed/ required to publish notice in the as a manufacturing process. Please note completed consent form annually. Federal Register concerning each that if you include your name, contact Currently there are 54 authorized proposed collection of information, information, or other information that positions for these Representative including each proposed extension of an identifies you in the body of your members, mostly Industry existing collection of information, and comments, that information will be Representatives. While some positions to allow 60 days for public comment in posted on https://www.regulations.gov. are vacant, we anticipate the positions response to the notice. This notice • If you want to submit a comment will be filled during the year. The solicits comments on the information with confidential information that you request for the updated CV and consent collection provisions of FDA’s do not wish to be made available to the form will be made through email regulations governing batch certification public, submit the comment as a communications by the Designated of color additives manufactured for use written/paper submission and in the Federal Officer of the committee. We in foods, drugs, cosmetics, or medical manner detailed (see ‘‘Written/Paper anticipate that the burden to the devices in the United States. Submissions’’ and ‘‘Instructions’’). DATES: Submit either electronic or respondent will be the same as that for Written/Paper Submissions new nominations. We estimate each written comments on the collection of response will require 15 minutes (0.25) information by June 15, 2020. Submit written/paper submissions as ADDRESSES: You may submit comments follows: for a total of 13.5 (14 rounded) annual • hours. as follows. Please note that late, Mail/Hand delivery/Courier (for untimely filed comments will not be written/paper submissions): Dockets considered. Electronic comments must Management Staff (HFA–305), Food and

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Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, accordance with the regulation. We list Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. color additives that have been shown to • For written/paper comments FOR FURTHER INFORMATION CONTACT: be safe for their intended uses in Title submitted to the Dockets Management Domini Bean, Office of Operations, 21 of the Code of Federal Regulations Staff, FDA will post your comment, as Food and Drug Administration, Three (CFR). We require batch certification for well as any attachments, except for White Flint North, 10A–12M, 11601 all color additives listed in 21 CFR part information submitted, marked and Landsdown St., North Bethesda, MD 74 and for all color additives identified, as confidential, if submitted 20852, 301–796–5733, PRAStaff@ provisionally listed in 21 CFR part 82. as detailed in ‘‘Instructions.’’ fda.hhs.gov. Color additives listed in 21 CFR part 73 Instructions: All submissions received are exempted from certification. SUPPLEMENTARY INFORMATION: Under the must include the Docket No. FDA– The requirements for color additive PRA (44 U.S.C. 3501–3521), Federal 2010–N–0622 for ‘‘Agency Information certification are described in 21 CFR Agencies must obtain approval from the Collection Activities; Proposed part 80. In the certification procedure, a Office of Management and Budget Collection; Comment Request; Color representative sample of a new batch of (OMB) for each collection of Additive Certification Requests and color additive, accompanied by a information they conduct or sponsor. Recordkeeping.’’ Received comments, ‘‘request for certification’’ that provides ‘‘Collection of information’’ is defined those filed in a timely manner (see information about the batch, must be in 44 U.S.C. 3502(3) and 5 CFR ADDRESSES), will be placed in the docket submitted to FDA’s Office of Cosmetics 1320.3(c) and includes Agency requests and, except for those submitted as and Colors. FDA personnel perform or requirements that members of the ‘‘Confidential Submissions,’’ publicly chemical and other analyses of the public submit reports, keep records, or viewable at https://www.regulations.gov representative sample and, providing provide information to a third party. or at the Dockets Management Staff the sample satisfies all certification Section 3506(c)(2)(A) of the PRA (44 between 9 a.m. and 4 p.m., Monday requirements, issue a certification lot U.S.C. 3506(c)(2)(A)) requires Federal through Friday. number for the batch. We charge a fee Agencies to provide a 60-day notice in • Confidential Submissions—To for certification based on the batch the Federal Register concerning each submit a comment with confidential weight and require manufacturers to proposed collection of information, information that you do not wish to be keep records of the batch pending and including each proposed extension of an made publicly available, submit your after certification. comments only as a written/paper existing collection of information, Under § 80.21 (21 CFR 80.21), a submission. You should submit two before submitting the collection to OMB request for certification must include: copies total. One copy will include the for approval. To comply with this Name of color additive, manufacturer’s information you claim to be confidential requirement, FDA is publishing notice batch number and weight in pounds, with a heading or cover note that states of the proposed collection of name and address of manufacturer, ‘‘THIS DOCUMENT CONTAINS information set forth in this document. storage conditions, statement of use(s), With respect to the following CONFIDENTIAL INFORMATION.’’ The certification fee, and signature of person collection of information, FDA invites Agency will review this copy, including requesting certification. Under § 80.22 comments on these topics: (1) Whether the claimed confidential information, in (21 CFR 80.22), a request for the proposed collection of information its consideration of comments. The certification must include a sample of is necessary for the proper performance second copy, which will have the the batch of color additive that is the of FDA’s functions, including whether claimed confidential information subject of the request. The sample must the information will have practical redacted/blacked out, will be available be labeled to show: Name of color utility; (2) the accuracy of FDA’s for public viewing and posted on additive, manufacturer’s batch number estimate of the burden of the proposed https://www.regulations.gov. Submit and quantity, and name and address of collection of information, including the both copies to the Dockets Management person requesting certification. Under validity of the methodology and Staff. If you do not wish your name and § 80.39 (21 CFR 80.39), the person to assumptions used; (3) ways to enhance contact information to be made publicly whom a certificate is issued must keep the quality, utility, and clarity of the available, you can provide this complete records showing the disposal information to be collected; and (4) information on the cover sheet and not of all of the color additive covered by ways to minimize the burden of the in the body of your comments and you the certificate. Such records are to be must identify this information as collection of information on made available upon request to any ‘‘confidential.’’ Any information marked respondents, including through the use accredited representative of FDA until as ‘‘confidential’’ will not be disclosed of automated collection techniques, at least 2 years after disposal of all of the except in accordance with 21 CFR 10.20 when appropriate, and other forms of color additive. and other applicable disclosure law. For information technology. The purpose for collecting this more information about FDA’s posting Color Additive Certification Requests information is to help us assure that of comments to public dockets, see 80 and Recordkeeping—21 CFR Part 80 only safe color additives will be used in FR 56469, September 18, 2015, or access foods, drugs, cosmetics, and medical the information at: https:// OMB Control Number 0910–0216— devices sold in the United States. The www.govinfo.gov/content/pkg/FR-2015- Extension required information is unique to the 09-18/pdf/2015-23389.pdf. We have regulatory oversight for color batch of color additive that is the subject Docket: For access to the docket to additives used in foods, drugs, of a request for certification. The read background documents or the cosmetics, and medical devices. Section manufacturer’s batch number is used for electronic and written/paper comments 721(a) of the Federal Food, Drug, and temporarily identifying a batch of color received, go to https:// Cosmetic Act (FD&C Act) (21 U.S.C. additive until FDA issues a certification www.regulations.gov and insert the 379e(a)) provides that a color additive lot number and for identifying a docket number, found in brackets in the shall be deemed to be unsafe unless it certified batch during inspections. The heading of this document, into the meets the requirements of a listing manufacturer’s batch number also aids ‘‘Search’’ box and follow the prompts regulation, including any requirement in tracing the disposal of a certified and/or go to the Dockets Management for batch certification, and is used in batch or a batch that has been denied

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certification for noncompliance with the with the color additive regulations. The statement of the fee on a color additive regulations. The Information on storage conditions certification request is used for manufacturer’s batch weight is used for pending certification is used to evaluate accounting purposes so that a person assessing the certification fee. The batch whether a batch of certified color requesting certification can be notified weight also is used to account for the additive is inadvertently or promptly of any discrepancies. disposal of a batch of certified or intentionally altered in a manner that Description of Respondents: The certification-denied color additive. The would make the sample submitted for respondents include businesses engaged batch weight can be used in a recall to certification analysis unrepresentative determine whether all unused color of the batch. We check storage in the manufacture of color additives additive in the batch has been recalled. information during inspections. used in FDA-regulated foods, drugs, The manufacturer’s name and address Information on intended uses for a batch cosmetics, and medical devices. and the name and address of the person of color additive is used to assure that Respondents are from the private sector requesting certification are used to a batch of certified color additive will be (for-profit businesses). contact the person responsible should a used in accordance with the We estimate the burden of this question arise concerning compliance requirements of its listing regulation. collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average 21 CFR section; activity Number of responses per Total annual burden per Total hours respondents respondent responses response

80.21; Request for certification ...... 38 198 7,524 0.17 (10 minutes) .. 1,279 80.22; Sample to accompany request ...... 38 198 7,524 0.05 (3 minutes) ..... 376

Total ...... 0.22 (13 minutes) ... 1,655 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average 21 CFR section; activity Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

80.39; Record of distribution ...... 38 198 7,524 0.25 (15 minutes) ... 1,881 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on a review of the information respondent in all proceedings brought Claims and to serve a copy of the collection since our last request for by the filing of petitions for petition to the Secretary of HHS, who is OMB approval, we have made no compensation under the Program, the named as the respondent in each adjustments to our burden estimate. United States Court of Federal Claims is proceeding. The Secretary has delegated Dated: April 13, 2020. charged by statute with responsibility this responsibility under the Program to HRSA. The Court is directed by statute Lowell J. Schiller, for considering and acting upon the petitions. to appoint special masters who take Principal Associate Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: For evidence, conduct hearings as [FR Doc. 2020–08054 Filed 4–15–20; 8:45 am] appropriate, and make initial decisions BILLING CODE 4164–01–P information about requirements for filing petitions, and the Program in as to eligibility for, and amount of, general, contact Lisa L. Reyes, Clerk of compensation. A petition may be filed with respect Court, United States Court of Federal DEPARTMENT OF HEALTH AND to injuries, disabilities, illnesses, Claims, 717 Madison Place NW, HUMAN SERVICES conditions, and deaths resulting from Washington, DC 20005, (202) 357–6400. vaccines described in the Vaccine Injury Health Resources and Services For information on HRSA’s role in the Table (the Table) set forth at 42 CFR Administration Program, contact the Director, National 100.3. This Table lists for each covered Vaccine Injury Compensation Program, childhood vaccine the conditions that National Vaccine Injury Compensation 5600 Fishers Lane, Room 08N146B, Program; List of Petitions Received may lead to compensation and, for each Rockville, Maryland 20857; (301) 443– condition, the time period for AGENCY: Health Resources and Services 6593, or visit our website at: http:// occurrence of the first symptom or Administration (HRSA), Department of www.hrsa.gov/vaccinecompensation/ manifestation of onset or of significant Health and Human Services (HHS). index.html. aggravation after vaccine ACTION: Notice. SUPPLEMENTARY INFORMATION: The administration. Compensation may also Program provides a system of no-fault be awarded for conditions not listed in SUMMARY: HRSA is publishing this compensation for certain individuals the Table and for conditions that are notice of petitions received under the who have been injured by specified manifested outside the time periods National Vaccine Injury Compensation childhood vaccines. Subtitle 2 of Title specified in the Table, but only if the Program (the Program), as required by XXI of the PHS Act, 42 U.S.C. 300aa– petitioner shows that the condition was Section 2112(b)(2) of the Public Health 10 et seq., provides that those seeking caused by one of the listed vaccines. Service (PHS) Act, as amended. While compensation are to file a petition with Section 2112(b)(2) of the PHS Act, 42 the Secretary of HHS is named as the the United States Court of Federal U.S.C. 300aa–12(b)(2), requires that

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‘‘[w]ithin 30 days after the Secretary to information required for purposes of 22. Becky Bright, Decatur, Alabama, receives service of any petition filed carrying out the Program. Court of Federal Claims No: 20– under section 2111 the Secretary shall 0269V Thomas J. Engels, publish notice of such petition in the 23. Frank Weinberg, Abington, Administrator. Federal Register.’’ Set forth below is a Pennsylvania, Court of Federal list of petitions received by HRSA on List of Petitions Filed Claims No: 20–0271V March 1, 2020, through March 31, 2020. 24. Angelique Renee Koch, Canton, 1. Kim Warner on behalf of J.W., Michigan, Court of Federal Claims This list provides the name of Nebraska City, Nebraska, Court of petitioner, city and state of vaccination No: 20–0272V Federal Claims No: 20–0233V 25. Lauri Hainsfurther, Dallas, Texas, (if unknown then city and state of 2. Cynthia Chism, Selmer, Tennessee, Court of Federal Claims No: 20– person or attorney filing claim), and Court of Federal Claims No: 20– 0273V case number. In cases where the Court 0234V 26. Donna Holcomb, Brandon, has redacted the name of a petitioner 3. Ari Kline, Gaithersburg, Maryland, Mississippi, Court of Federal and/or the case number, the list reflects Court of Federal Claims No: 20– Claims No: 20–0274V such redaction. Section 2112(b)(2) also 0237V 27. Kevin Pickard, Levittown, provides that the special master ‘‘shall 4. Michelle Horky, Quinton, Virginia, Pennsylvania, Court of Federal afford all interested persons an Court of Federal Claims No: 20– Claims No: 20–0276V opportunity to submit relevant, written 0239V 28. Renee LaCourse-Burmeister, Green information’’ relating to the following: 5. Charrie Ann Gibson, Seattle, Bay, Wisconsin, Court of Federal Washington, Court of Federal 1. The existence of evidence ‘‘that Claims No: 20–0277V Claims No: 20–0243V 29. Andrea Carrier, New London, New there is not a preponderance of the 6. Deana Tona, Dallas, Texas, Court of Hampshire, Court of Federal Claims evidence that the illness, disability, Federal Claims No: 20–0244V No: 20–0278V injury, condition, or death described in 7. Chris Hadjiharalambous, Knoxville, 30. Diana McKinzy, Raytown, Missouri, the petition is due to factors unrelated Tennessee, Court of Federal Claims Court of Federal Claims No: 20– to the administration of the vaccine No: 20–0245V 0279V described in the petition,’’ and 8. Erica Supple, Needham, 31. Cynthia O’Donnell-Bove, Toms 2. Any allegation in a petition that the Massachusetts, Court of Federal River, New Jersey, Court of Federal petitioner either: Claims No: 20–0246V Claims No: 20–0282V 32. Kimberly F. Flowers, Kennesaw, a. ‘‘[S]ustained, or had significantly 9. Maris Tippett, Grand Rapids, Michigan, Court of Federal Claims Georgia, Court of Federal Claims aggravated, any illness, disability, No: 20–0285V injury, or condition not set forth in the No: 20–0248V 10. Callie Hanft, Sacramento, California, 33. Kimberly Salino and Michael Salino Vaccine Injury Table but which was Court of Federal Claims No: 20– on behalf of M. S., Holmdel, New caused by’’ one of the vaccines referred 0249V Jersey, Court of Federal Claims No: to in the Table, or 11. Joseph Petruzzi, Berlin, New Jersey, 20–0289V b. ‘‘[S]ustained, or had significantly Court of Federal Claims No: 20– 34. Usman Amin, Sacramento, aggravated, any illness, disability, 0250V California, Court of Federal Claims injury, or condition set forth in the 12. Rhonda G. Shepherd, Memphis, No: 20–0290V Vaccine Injury Table the first symptom Tennessee, Court of Federal Claims 35. Diane DeSisto, Burlington, or manifestation of the onset or No: 20–0251V Connecticut, Court of Federal significant aggravation of which did not 13. Leonard Milton Calkins, Lake City, Claims No: 20–0291V 36. Shari Hartley, Fort Mill, South occur within the time period set forth in Washington, Court of Federal Carolina, Court of Federal Claims the Table but which was caused by a Claims No: 20–0253V 14. Anne Mishica, Monterey, California, No: 20–0292V vaccine’’ referred to in the Table. 37. Lisa Asemota, Plantation, Florida, Court of Federal Claims No: 20– In accordance with Section Court of Federal Claims No: 20– 0254V 2112(b)(2), all interested persons may 0293V 15. Amy J. Pennell on behalf of M.L.P., submit written information relevant to 38. Candace Reynolds, Batesville, Hudson, Ohio, Court of Federal Mississippi, Court of Federal the issues described above in the case of Claims No: 20–0257V the petitions listed below. Any person Claims No: 20–0294V 16. Divya Poduri on behalf of Y.T., 39. Chris Hempel, Cambridge, choosing to do so should file an original Limerick, Pennsylvania, Court of and three (3) copies of the information Massachusetts, Court of Federal Federal Claims No: 20–0258V Claims No: 20–0295V with the Clerk of the United States 17. Patricia Stephens, Anniston, Court of Federal Claims at the address 40. Maureen Mulvena, Wilmington, Alabama, Court of Federal Claims Delaware, Court of Federal Claims listed above (under the heading FOR No: 20–0260V No: 20–0296V FURTHER INFORMATION CONTACT), with a 18. Stephanie Roche, Warwick, New 41. Linda Stuker, Billings, Montana, copy to HRSA addressed to Director, York, Court of Federal Claims No: Court of Federal Claims No: 20– Division of Injury Compensation 20–0262V 0298V Programs, Healthcare Systems Bureau, 19. Helen Pichardo, Orlando, Florida, 42. Donna Smith, Tacoma, Washington, 5600 Fishers Lane, 08N146B, Rockville, Court of Federal Claims No: 20– Court of Federal Claims No: 20– Maryland 20857. The Court’s caption 0263V 0300V (Petitioner’s Name v. Secretary of HHS) 20. Latisha Fontana, Fayetteville, North 43. Laurianne Russell, Valparaiso, and the docket number assigned to the Carolina, Court of Federal Claims Indiana, Court of Federal Claims petition should be used as the caption No: 20–0265V No: 20–0301V for the written submission. Chapter 35 21. Maureen Higgins-Abato, New York, 44. Janel Viehman, Dover, Delaware, of title 44, United States Code, related New York, Court of Federal Claims Court of Federal Claims No: 20– to paperwork reduction, does not apply No: 20–0268V 0310V

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45. Marie Monies, Murphy, North 68. Donna Leep, Great Barrington, meeting of the National Advisory Board Carolina, Court of Federal Claims Massachusetts, Court of Federal on Medical Rehabilitation Research. No: 20–0311V Claims No: 20–0342V The meeting will be open to the 46. Franklin Kuczarski, Springfield, 69. Barbara Nance, Bowie, Maryland, public via NIH Videocast. Individuals Massachusetts, Court of Federal Court of Federal Claims No: 20– who need special assistance, such as Claims No: 20–0312V 0344V sign language interpretation or other 47. Rosa Soto Galvan, Berwyn, Illinois, 70. Brian Lang, Boston, Massachusetts, reasonable accommodations, should Court of Federal Claims No: 20– Court of Federal Claims No: 20– notify the Contact Person listed below 0313V 0347V in advance of the meeting. 48. Debra Centifonti, Mount Holly, New 71. Sheri Conerty, Springboro, Ohio, Name of Committee: National Advisory Jersey, Court of Federal Claims No: Court of Federal Claims No: 20– Board on Medical Rehabilitation Research. 20–0314V 0348V Date: May 4, 2020. 49. Frances Felipe on behalf of K. C., 72. Julia DiPiazza, Moore, Oklahoma, Time: May 4, 2020, 10:00 a.m. to 2:00 p.m. LaJunta, Colorado, Court of Federal Court of Federal Claims No: 20– (EST). Claims No: 20–0319V 0349V Agenda: NICHD Director’s report; NCMRR 50. Paul Hagenswold, Denison, Texas, 73. Kristina Pearson, Dover, Director’s report; Connecting with Our Public Court of Federal Claims No: 20– Pennsylvania, Court of Federal Communities; Updates on the NIH Claims No: 20–0350V Rehabilitation Research Conference and NIH 0320V Rehabilitation Research Plan; Scientific 51. Rebecca Ray, Muskegon, Michigan, 74. Renato Barrozo, Golden Valley, presentation on Data Science in Court of Federal Claims No: 20– Minnesota, Court of Federal Claims Rehabilitation; Agenda Planning for the next 0321V No: 20–0351V Board meeting. 52. George Taylor, Mount Sterling, 75. James Wetzel, Kingston, New York, Place: NICHD Offices, 6710B Rockledge Kentucky, Court of Federal Claims Court of Federal Claims No: 20– Drive, Rooms 1425/1427, Bethesda, MD No: 20–0322V 0352V 20892 (Virtual Meeting). 53. Patricia Lopez, Harlingen, Texas, 76. Lisa Blunt, Salem, New Hampshire, Contact Person: Ralph M. Nitkin, Ph.D., Court of Federal Claims No: 20– Court of Federal Claims No: 20– Deputy Director, National Center for Medical 0324V 0353V Rehabilitation Research (NCMRR), Eunice 77. Elsie Carter, Raleigh, North Carolina, Kennedy Shriver National Institute of Child 54. Richard Jones, Queen Creek, Health and Human Development, NIH, Arizona, Court of Federal Claims Court of Federal Claims No: 20– DHHS, 6710B Rockledge Drive, Room 2116, No: 20–0325V 0355V Bethesda, MD 20892–7002, (301) 402–4206, 55. Panos Andonyadis, Richmond, 78. Robert Viner, Perry Hall, Maryland, [email protected]. Virginia, Court of Federal Claims Court of Federal Claims No: 20– Please select the link below to access the No: 20–0326V 0357V meeting via NIH Videocast the day of the 56. Robert Alvarado, Tampa, Florida, 79. John Miles, Williamsville, New meeting: https://videocast.nih.gov/ Court of Federal Claims No: 20– York, Court of Federal Claims No: live.asp?live=36020. 0327V 20–0360V Information is also available on the 57. Andrea Anderson on behalf of J. A., 80. Stefanie Partridge, Manteca, Institute’s/Center’s home page: http:// Chicago, Illinois, Court of Federal California, Court of Federal Claims www.nichd.nih.gov/about/advisory/nabmrr/ Claims No: 20–0329V No: 20–0361V Pages/index.aspx where the current roster 58. Robert Szulya, Alpharetta, Georgia, 81. Rhonda Ury, Mission Viejo, and minutes from past meetings are posted. Court of Federal Claims No: 20– California, Court of Federal Claims (Catalogue of Federal Domestic Assistance 0330V No: 20–0363V Program No. 93.865, Research for Mothers 82. Lisa Hull-Crawford, Springfield, and Children; 93.929, Center for Medical 59. Mary Rybicki, Highlands Ranch, Rehabilitation Research, National Institutes Colorado, Court of Federal Claims Illinois, Court of Federal Claims No: of Health, HHS) No: 20–0332V 20–0364V 60. Brian Larry Atkins, Medora, Indiana, 83. Derek Strand, Boston, Dated: April 10, 2020. Court of Federal Claims No: 20– Massachusetts, Court of Federal Ronald J. Livingston, Jr., 0333V Claims No: 20–0365V Program Analyst, Office of Federal Advisory 61. Donald Herr, Long Beach, California, 84. Amanullah Aman, Glen Ellyn, Committee Policy. Court of Federal Claims No: 20– Illinois, Court of Federal Claims No: [FR Doc. 2020–07985 Filed 4–15–20; 8:45 am] 0334V 20–0366V BILLING CODE 4140–01–P 62. James Mayhugh, Springfield, Ohio, 85. Adrian Williams, Metairie, Court of Federal Claims No: 20– Louisiana, Court of Federal Claims 0335V No: 20–0367V DEPARTMENT OF HEALTH AND 63. Alexander Galluzzo, Dayton, Ohio, [FR Doc. 2020–08063 Filed 4–15–20; 8:45 am] HUMAN SERVICES Court of Federal Claims No: 20– BILLING CODE 4165–15–P 0337V National Institutes of Health 64. Lisa Ahern, Cumberland, Maryland, Eunice Kennedy Shriver National Court of Federal Claims No: 20– DEPARTMENT OF HEALTH AND HUMAN SERVICES Institute of Child Health & Human 0338V Development; Notice of Closed 65. Kaci Richardson, Baytown, Texas, National Institutes of Health Meetings Court of Federal Claims No: 20– 0339V Eunice Kennedy Shriver National Pursuant to section 10(d) of the 66. Rachel Rutkowski, Tampa, Florida, Institute of Child Health & Human; Federal Advisory Committee Act, as Court of Federal Claims No: 20– Notice of Meeting amended, notice is hereby given of the 0340V following meetings. 67. Andre Gargano, Westchester, Pursuant to section 10(a) of the The meetings will be closed to the Illinois, Court of Federal Claims No: Federal Advisory Committee Act, as public in accordance with the 20–0341V amended, notice is hereby given of a provisions set forth in sections

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552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institutes of Health, 6710B Contact Person: Inna Gorshkova, Ph.D., as amended. The grant applications Rockledge Dr., Bethesda, MD 21157 Scientific Review Officer, Center for and/or contract proposals and the (Telephone Conference Call). Scientific Review, National Institutes of discussions could disclose confidential Contact Person: Helen Huang, Scientific Health, 6701 Rockledge Drive, Bethesda, MD Review Officer, Scientific Review Branch, 20892, 301–435–1784, [email protected]. trade secrets or commercial property Eunice Kennedy Shriver National Institute of such as patentable material, and Name of Committee: Center for Scientific Child Health and Human Development, NIH, Review Special Emphasis Panel; RFA–RM– personal information concerning Bethesda, MD 20817, 301–435–8380, 20–005: 4DN Organization and Function in individuals associated with the grant [email protected]. Human Health and Disease (U01). applications, the disclosure of which (Catalogue of Federal Domestic Assistance Date: May 15, 2020. would constitute a clearly unwarranted Program Nos. 93.865, Research for Mothers Time: 12:00 p.m. to 7:00 p.m. invasion of personal privacy. and Children, National Institutes of Health, Agenda: To review and evaluate grant HHS) applications. Name of Committee: National Institute of Dated: April 10, 2020. Place: National Institutes of Health, Child Health and Human Development Rockledge II, 6701 Rockledge Drive, Special Emphasis Panel; Biological Testing Ronald J. Livingston, Jr., Bethesda, MD 20892 (Virtual Meeting). Facility. Program Analyst, Office of Federal Advisory Contact Person: Maqsood A. Wani, Ph.D., Date: May 14, 2020. Committee Policy. Scientific Review Officer, Center for Time: 1:00 p.m. to 5:00 p.m. [FR Doc. 2020–07987 Filed 4–15–20; 8:45 am] Scientific Review, National Institutes of Agenda: To review and evaluate contract BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 2114, proposals. MSC 7814, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6710B, 2270, [email protected]. Rockledge Dr, Bethesda, MD 21157 (Catalogue of Federal Domestic Assistance (Telephone Conference Call). DEPARTMENT OF HEALTH AND Program Nos. 93.306, Comparative Medicine; Contact Person: Steven D. Silverman, Lead HUMAN SERVICES 93.333, Clinical Research, 93.306, 93.333, Review Technical Assistant, Scientific National Institutes of Health 93.337, 93.393–93.396, 93.837–93.844, Review Branch, Eunice Kennedy Shriver 93.846–93.878, 93.892, 93.893, National National Institute of Child Health and Institutes of Health, HHS) Human Development, 6710 B Rockledge Center for Scientific Review; Notice of Drive, Room 2131C, Bethesda, MD 20892, Closed Meetings Dated: April 10, 2020. 301–435–8386, [email protected]. Pursuant to section 10(d) of the Ronald J. Livingston, Jr., Name of Committee: National Institute of Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory Child Health and Human Development Initial amended, notice is hereby given of the Committee Policy. Review Group; Health, Behavior, and Context [FR Doc. 2020–07984 Filed 4–15–20; 8:45 am] Subcommittee. following meetings. BILLING CODE 4140–01–P Date: June 8, 2020. The meetings will be closed to the Time: 8:00 a.m. to 5:00 p.m. public in accordance with the Agenda: To review and evaluate grant provisions set forth in sections applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND Place: NIH/NICHD, 6710 B, Rockledge as amended. The grant applications and HUMAN SERVICES Drive, Bethesda, MD 20817 (Telephone the discussions could disclose National Institutes of Health Conference Call). confidential trade secrets or commercial Contact Person: Kimberly L. Houston, MD, property such as patentable material, Proposed Collection; 60 Day Comment Scientific Review Officer, Eunice Kennedy and personal information concerning Shriver National Institute of Children Health Request Application Process for and Human Development, 6701B Rockledge individuals associated with the grant Clinical Research Training and Medical Drive, Room 2127B, Bethesda, MD 20892, applications, the disclosure of which Education at the Clinical Center and Its 301–827–4902, [email protected]. would constitute a clearly unwarranted Impact on Course and Training Name of Committee: National Institute of invasion of personal privacy. Program Enrollment and Effectiveness Child Health and Human Development Initial Name of Committee: Center for Scientific AGENCY: Review Group; Population Sciences Review Special Emphasis Panel; PAR 19– National Institutes of Health, Subcommittee. 059: Global Noncommunicable Diseases and HHS. Date: June 26, 2020. Injury Across the Lifespan. ACTION: Notice. Time: 8:00 a.m. to 5:00 p.m. Date: April 27, 2020. Agenda: To review and evaluate grant Time: 10:00 a.m. to 11:00 a.m. SUMMARY: In compliance with the applications. Agenda: To review and evaluate grant requirement of the Paperwork Place: NIH, NICHD Offices, 6710B applications. Reduction Act of 1995, for opportunity Rockledge Drive, Bethesda, MD 20892. Place: National Institutes of Health, for public comment on proposed data Contact Person: Christiane M. Robbins, Rockledge II, 6701 Rockledge Dr., Bethesda, collection projects, the Clinical Center, Scientific Research Officer, Scientific Review MD 20892 (Telephone Conference Call). the National Institutes of Health (NIH) Branch (SRB), DER, Eunice Kennedy Shriver Contact Person: Steven Michael Frenk, will publish periodic summaries of National Institute of Child Health and Ph.D., Scientific Review Officer, Center for proposed projects to be submitted to the Human Development, NIH, DHHS, 6710B Scientific Review, National Institute of Rockledge Drive, Rm. 2121B, Bethesda, MD Health, 6701 Rockledge Drive, Room 3141, Office of Management and Budget 20817, 301–451–4989, crobbins@ Bethesda, MD 20892, [email protected]. (OMB) for review and approval. mail.nih.gov. Name of Committee: Center for Scientific DATES: Comments regarding this Name of Committee: National Institute of Review Special Emphasis Panel; PAR Panel; information collection are best assured Child Health and Human Development Research Enhancement Award. of having their full effect if received Special Emphasis Panel; NCMRR Early Date: May 15, 2020. within 60 days of the date of this Career Research Award (R03 Clinical Trial Time: 11:00 a.m. to 3:00 p.m. publication. Optional). Agenda: To review and evaluate grant Date: July 1–2, 2020. applications. FOR FURTHER INFORMATION CONTACT: To Time: 8:00 a.m. to 5:00 p.m. Place: National Institutes of Health, obtain a copy of the data collection Agenda: To review and evaluate grant Rockledge II, 6701 Rockledge Dr., Bethesda, plans and instruments, contact: Robert applications. MD 20892 (Telephone Conference Call). M. Lembo, MD, Office of Clinical

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Research Training and Medical including the validity of the applicants’ qualifications to determine Education, NIH Clinical Center, methodology and assumptions used; (3) applicants’ eligibility for training National Institutes of Health, 10 Center Ways to enhance the quality, utility, and programs managed by the Office. Drive, Room 1N252C, Bethesda, MD clarity of the information to be Applicants must provide the required 20892–1158, or call non-toll-free collected; and (4) Ways to minimize the information requested in the respective number (301) 496–2636, or Email your burden of the collection of information applications to be considered a request, including your address to: on those who are to respond, including candidate for participation. Information [email protected]. Formal requests the use of appropriate automated, submitted by candidates for training for additional plans and instruments electronic, mechanical, or other programs is reviewed initially by must be requested in writing. technological collection techniques or OCRTME administrative staff to other forms of information technology. establish eligibility for participation. SUPPLEMENTARY INFORMATION: Section Proposed Collection Title: 3506(c)(2)(A) of the Paperwork Eligible candidates are then referred to Application Process for Clinical the designated training program Reduction Act of 1995 requires: Written Research Training and Medical comments and/or suggestions from the director/administrator or training Education at the NIH Clinical Center, program selection committee for review public and affected agencies are invited Revision OMB #0925–0698, Expiration and decisions regarding acceptance for to address one or more of the following date July 31, 2020, National Institutes of participation. A secondary objective of points: (1) Whether the proposed Health Clinical Center (CC), National the application process is to track collection of information is necessary Institutes of Health (NIH). for the proper performance of the Need and Use of Information enrollment in training programs over function of the agency, including Collection: The primary objective of the time. whether the information will have application process is to allow the OMB approval is requested for 3 practical utility; (2) The accuracy of the Office of Clinical Research Training and years. There are no costs to respondents agency’s estimate of the burden of the Medical Education (OCRTME) at the other than their time. The total proposed collection of information, NIH Clinical Center to evaluate estimated annualized burden hours 333.

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)

Clinical Electives Program ...... Pre Doctoral Students ...... 300 1 20/60 100 Graduate Medical Education ...... Physicians ...... 100 1 20/60 33 Medical Research Scholars Program Pre Doctoral Students ...... 200 1 20/60 67 Resident Electives Program ...... Physicians ...... 100 1 20/60 33 Bioethics Fellowship Program ...... Pre Doctoral, Post-Doctoral ...... 300 1 20/60 100

Total ...... 1,000 ...... 333

Dated: April 10, 2020. may view the presentations by webcast. webcast will be provided to those who Laura M. Lee, Time will be set aside for questions and register for viewing. Project Clearance Liaison, NIH Clinical public statements on the topics FOR FURTHER INFORMATION CONTACT: Dr. Center, National Institutes of Health. discussed. Registration is required for Nicole Kleinstreuer, Acting Director, [FR Doc. 2020–08016 Filed 4–15–20; 8:45 am] both webcast viewing and oral National Toxicology Program BILLING CODE 4140–01–P statements. Information about the Interagency Center for the Evaluation of meeting and registration are available at Alternative Toxicological Methods https://ntp.niehs.nih.gov/go/ (NICEATM), Division of NTP, NIEHS, DEPARTMENT OF HEALTH AND iccvamforum-2020. P.O. Box 12233, K2–17, Research HUMAN SERVICES DATES: Triangle Park, NC 27709. Phone: 984– 287–3150, Email: nicole.kleinstreuer@ National Institutes of Health Webcast: May 21, 2020, 9:00 a.m. to approximately 3:00 p.m. EDT. nih.gov. Hand Deliver/Courier address: 530 Davis Drive, Room K2021, Interagency Coordinating Committee Registration for Webcast: April 17, Morrisville, NC 27560. on the Validation of Alternative 2020, until 3:00 p.m. EDT May 21, 2020. Methods; Notice of Public Webcast; Registration for Oral Statements: SUPPLEMENTARY INFORMATION: Request for Public Input April 17, 2020, until 4:00 p.m. EDT May Background: ICCVAM, a 8, 2020. congressionally mandated committee, AGENCY: National Institutes of Health, Registration to view the webcast and promotes the development and HHS. present oral public statements is validation of alternative testing ACTION: Notice. required. strategies that protect human health and the environment while replacing, SUMMARY: The Interagency Coordinating ADDRESSES: reducing, or refining animal use. Committee on the Validation of Meeting web page: A preliminary ICCVAM’s goals include promotion of Alternative Methods (ICCVAM) will agenda will be posted by May 1 at national and international partnerships hold a public forum to share https://ntp.niehs.nih.gov/go/ between governmental and information and facilitate direct iccvamforum-2020. nongovernmental groups, including communication of ideas and suggestions Webcast: The meeting will be academia, industry, advocacy groups, from stakeholders. Interested persons webcast; information to connect to the and other key stakeholders. To foster

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these partnerships ICCVAM initiated https://ntp.niehs.nih.gov/go/commprac- being and lessen or avoid pain and annual public forums in 2014 to share 2020. Any participant registered for the distress) animal use. information and facilitate direct webcast may ask clarifying questions The ICCVAM Authorization Act of communication of ideas and suggestions during the appropriate times in the 2000 (42 U.S.C. 285l–3) establishes from stakeholders (79 FR 25136). agenda. The additional registration is ICCVAM as a permanent interagency This year’s meeting will be held on only required for those who wish to give committee of NIEHS and provides the May 21, 2020. Due to restrictions on in- separate public statements. The number authority for ICCVAM involvement in person gatherings amid ongoing public and length of presentations may be activities relevant to the development of health concerns, the public forum will limited based on available time. alternative test methods. Additional be presented via webcast only. Submitters will be identified by their information about ICCVAM can be NICEATM and ICCVAM members will name and affiliation and/or sponsoring found at https://ntp.niehs.nih.gov/go/ give presentations on current activities organization, if applicable. Persons iccvam. related to the development and submitting public statements and/or NICEATM administers ICCVAM, validation of alternative test methods associated slides should include their provides scientific and operational and approaches, including activities name, affiliation (if any), mailing support for ICCVAM-related activities, relevant to implementation of the address, telephone, email, and and conducts and publishes analyses strategic roadmap for establishing new sponsoring organization (if any) with and evaluations of data from new, approaches to evaluate the safety of the document. National Toxicology revised, and alternative testing chemicals and medical products in the Program guidelines for public approaches. NICEATM and ICCVAM United States (83 FR 7487). statements are at http:// work collaboratively to evaluate new There will be opportunities for ntp.niehs.nih.gov/ntp/about_ntp/ and improved testing approaches registered participants to ask clarifying guidelines_public_comments_508.pdf. applicable to the needs of U.S. federal or follow-up questions of the ICCVAM Participants registered to present oral agencies. NICEATM and ICCVAM members about their presentations. public statements must email their welcome the public nomination of new, Instructions for submitting these statement to ICCVAMquestions@ revised, and alternative test methods questions will be provided via email niehs.nih.gov by May 8, 2020, to allow and strategies for validation studies and prior to the webcast. The agenda will time for review by NICEATM and technical evaluations. Additional also include time for public oral ICCVAM and posting to the meeting information about NICEATM can be statements relevant to the ICCVAM page prior to the forum. Persons found at https://ntp.niehs.nih.gov/go/ mission and current activities from presenting oral public statements will niceatm. participants who have registered to do be contacted to arrange the logistics of Dated: April 7, 2020. so in advance. their presentations. Written statements Preliminary Agenda and Other may supplement and expand the oral Brian R. Berridge, Meeting Information: A preliminary presentation. Public statements will be Associate Director, National Toxicology agenda will be posted by May 1 at distributed to NICEATM and ICCVAM Program. https://ntp.niehs.nih.gov/go/ members before the meeting. [FR Doc. 2020–08017 Filed 4–15–20; 8:45 am] iccvamforum-2020. Interested Responses to this notice are BILLING CODE 4140–01–P individuals are encouraged to visit this voluntary. No proprietary, classified, web page to stay abreast of the most confidential, or sensitive information current meeting information. should be included in statements DEPARTMENT OF HOMELAND Webcast and Registration: This submitted in response to this notice or SECURITY webcast is open to the public. presented during the meeting. This [Docket No. DHS–2020–0006] Registration for the webcast is required request for input is for planning and is open through 3:00 p.m. EDT on purposes only and is not a solicitation Homeland Security Advisory Council; May 21, 2020 at https:// for applications or an obligation on the Meeting ntp.niehs.nih.gov/go/commprac-2020. part of the U.S. Government to provide Registrants will receive instructions on support for any ideas identified in AGENCY: The Office of Partnership and how to access and participate in the response to the request. Please note that Engagement (OPE), The Department of webcast in the email confirming their the U.S. Government will not pay for Homeland Security (DHS). registration. the preparation of any information ACTION: Notice of partially closed Individuals with disabilities who submitted or for its use of that teleconference Federal Advisory need accommodation to participate in information. Committee meeting. this event should contact Elizabeth Background Information on ICCVAM Maull at phone: (984) 287–3157 or and NICEATM: ICCVAM is an SUMMARY: The Homeland Security email: [email protected]. TTY users interagency committee composed of Advisory Council (‘‘HSAC’’ or should contact the Federal TTY Relay representatives from 16 federal ‘‘Council’’) will meet via conference call Service at (800) 877–8339. Requests regulatory and research agencies that on Thursday, May 7, 2020. The meeting should be made at least five business require, use, generate, or disseminate will be partially closed to the public. days in advance of the event. toxicological and safety testing Members of the public will be in listen- Request for Oral Public Statements: In information. ICCVAM conducts only mode during the open session. addition to time for clarifying or follow- technical evaluations of new, revised, DATES: The Council conference call will up questions following scheduled and alternative safety testing methods take place from 9:15 a.m. to 12:45 p.m. presentations, time will be allotted and integrated testing strategies with EDT on Thursday, May 7, 2020. The during the meeting for oral public regulatory applicability and promotes meeting will be closed to the public statements with associated slides on the scientific validation and regulatory from 9:15 a.m. to 11:35 a.m. EDT. The topics relevant to ICCVAM’s mission. acceptance of testing methods that more meeting will be open to the public from Separate registration for those wishing accurately assess the safety and hazards 11:40 a.m. to 12:45 a.m. EDT. Please to provide public statements is required of chemicals and products and replace, note the meeting may end early if the and is open through May 8, 2020 at reduce, or refine (enhance animal well- Council has completed its business, and

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that if time’s change due to the current State, and Local governments, the disclosure of these techniques and National Emergency concerning the private sector, and academia. procedures could frustrate the Novel Coronavirus Disease (COVID–19) The Council will meet in an open successful implementation of protective outbreak those members of the public session between 11:40 a.m. to 12:45 measures designed to keep our country who have signed up for this notice will p.m. EDT. The Council will receive safe. receive the new time changes as soon as progress reports from the Economic Michael J. Miron, they become available. Security, Biometrics, Information and Communication Technology Risk Acting Executive Director, Homeland Security ADDRESSES: The HSAC meeting will be Advisory Council, Department of Homeland held via teleconference. Members of the Reduction, and Youth Engagement subcommittees; and senior leadership Security. public interested in participating may [FR Doc. 2020–08053 Filed 4–15–20; 8:45 am] do so by following the process outlined will announce new Council BILLING CODE 9112–FN–P below (see ‘‘Public Participation’’). membership. Participation: Members of Written public comments prior to the the public will be in listen-only mode. meeting must be received by 5:00 p.m. The public may register to participate in this Council teleconference via the DEPARTMENT OF HOMELAND EDT on Tuesday, May 5, 2020, and must SECURITY be identified by Docket No. DHS–2020– following procedures. Each individual 0006. Written public comments after the must provide his or her full legal name U.S. Immigration and Customs meeting must be identified by Docket and email address no later than 5:00 Enforcement No. DHS–2020–0006 and may be p.m. EDT on Tuesday, May 5, 2020 to [OMB Control Number 1653–0021] submitted by one of the following Mike Miron of the Council via email to [email protected] or via phone at (202) methods: Agency Information Collection • Federal eRulemaking Portal: http:// 447–3135. The conference call details will be provided to interested members Activities; Extension, Without Change, www.regulations.gov. Follow the of a Currently Approved Collection: instructions for submitting comments. of the public after the closing of the • public registration period and prior to Application for a Stay of Deportation or Email: [email protected]. Include Removal Docket No. DHS–2020–0006 in the the start of the meeting. For information subject line of the message. on services for individuals with AGENCY: U.S. Immigration and Customs • Fax: (202) 282–9207. Include Mike disabilities, or to request special Enforcement, Department of Homeland Miron and the Docket No. DHS–2020– assistance, contact Mike Miron at Security. [email protected] or (202) 447–3135 as 0006 in the subject line of the message. ACTION: 60-Day notice. • Mail: Mike Miron, Acting Executive soon as possible. The Council will meet in a closed Director of Homeland Security Advisory SUMMARY: In accordance with the session from 9:15 a.m. to 11:35 a.m. EDT Council, Office of Partnership and Paperwork Reductions Act (PRA) of to receive sensitive operational Engagement, Mailstop 0385, Department 1995 the Department of Homeland information from senior officials on of Homeland Security, 2707 Martin Security (DHS), U.S. Immigration and intelligence, border security, Luther King Jr Ave SE, Washington, DC Customs Enforcement (ICE) will submit transportation security, cybersecurity 20528. the following Information Collection and infrastructure. Basis for Partial Instructions: All submissions received Request (ICR) to the Office of Closure: In accordance with Section must include the words ‘‘Department of Management and Budget (OMB) for 10(d) of FACA, the Acting Secretary of Homeland Security’’ and ‘‘DHS–2020– review and clearance. Homeland Security has determined this 0006,’’ the docket number for this DATES: Comments are encouraged and meeting requires partial closure. The action. Comments received will be will be accepted until June 15, 2020. disclosure of the information relayed posted without alteration at http:// would be detrimental to the public ADDRESSES: All submissions received www.regulations.gov, including any interest for the following reasons: must include the OMB Control Number personal information provided. The Council will receive closed 1653–0021 in the body of the letter, the Docket: For access to the docket to session briefings at the For Official Use agency name and Docket ID ICEB–2008– read comments received by the Council, Only and Law Enforcement sensitive 0006. All comments received will be go to http://www.regulations.gov, search information from senior officials. The posted without change to http:// ‘‘DHS–2020–0006,’’ ‘‘Open Docket session is closed under 5 U.S.C. www.regulations.gov, including any Folder’’ and provide your comments. 552b(c)(7)(E) because disclosure of that personal information provided. To FOR FURTHER INFORMATION CONTACT: information could reveal investigative avoid duplicate submissions, please use Mike Miron at [email protected] or at techniques and procedures not generally only one of the following methods to (202) 447–3135. available to the public, allowing submit comments: SUPPLEMENTARY INFORMATION: Notice of terrorists and those with interests (1) Online. Submit comments via the this meeting is given under Section against the United States to circumvent Federal eRulemaking Portal website at 10(a) of the Federal Advisory Committee the law and thwart the Department’s http://www.regulations.gov under e- Act (FACA), Public Law 92–463 (5 strategic initiatives. Docket ID number ICEB–2008–0006; U.S.C. Appendix), which requires each Specifically, there will be material (2) Mail: Submit written comments to FACA committee meeting to be open to presented during the briefings regarding DHS, ICE, Office of the Chief the public. the latest viable threats against the Information Officer (OCIO), PRA The Council provides organizationally United States and how DHS and other Clearance, Washington, DC 20536–5800. independent, strategic, timely, specific, Federal agencies plan to address those FOR FURTHER INFORMATION CONTACT: For actionable advice, and threats. Disclosure of this information specific questions related to collection recommendations to the Secretary of could frustrate the successful activities, please contact Patrick J. Homeland Security on matters related to implementation of protective measures Kearns (202–732–6261), homeland security. The Council is designed to keep our country safe. In [email protected], U.S. comprised of leaders of local law addition, the session is closed pursuant Immigration and Customs Enforcement. enforcement, first responders, Federal, to 5 U.S.C. 552b(c)(9)(B) because SUPPLEMENTARY INFORMATION:

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Comments DEPARTMENT OF HOUSING AND 3. Not less than quarterly, the Written comments and suggestions URBAN DEVELOPMENT Secretary must notify the public of all from the public and affected agencies waivers of regulations that HUD has [Docket No. FR–6164–N–04] approved, by publishing a notice in the concerning the proposed collection of Federal Register. These notices (each information should address one or more Notice of Regulatory Waiver Requests covering the period since the most of the following four points: Granted for the Fourth Quarter of Calendar Year 2019 recent previous notification) shall: (1) Evaluate whether the proposed a. Identify the project, activity, or collection of information is necessary AGENCY: Office of the General Counsel, undertaking involved; for the proper performance of the HUD. b. Describe the nature of the provision functions of the agency, including ACTION: Notice. waived and the designation of the whether the information will have provision; practical utility; SUMMARY: Section 106 of the Department c. Indicate the name and title of the (2) Evaluate the accuracy of the of Housing and Urban Development person who granted the waiver request; agencies estimate of the burden of the Reform Act of 1989 (the HUD Reform d. Describe briefly the grounds for proposed collection of information, Act) requires HUD to publish quarterly approval of the request; and including the validity of the Federal Register notices of all e. State how additional information methodology and assumptions used; regulatory waivers that HUD has about a particular waiver may be (3) Enhance the quality, utility, and approved. Each notice covers the obtained. clarity of the information to be quarterly period since the previous Section 106 of the HUD Reform Act collected; and Federal Register notice. The purpose of also contains requirements applicable to (4) Minimize the burden of the this notice is to comply with the waivers of HUD handbook provisions collection of information on those who requirements of section 106 of the HUD that are not relevant to the purpose of are to respond, including through the Reform Act. This notice contains a list this notice. use of appropriate automated, of regulatory waivers granted by HUD This notice follows procedures electronic, mechanical, or other during the period beginning on October provided in HUD’s Statement of Policy technological collection techniques or 1, 2019 and ending on December 31, on Waiver of Regulations and Directives other forms of information technology, 2019. issued on April 22, 1991 (56 FR 16337). e.g., permitting electronic submission of In accordance with those procedures responses. FOR FURTHER INFORMATION CONTACT: For and with the requirements of section general information about this notice, 106 of the HUD Reform Act, waivers of Overview of This Information contact Aaron Santa Anna, Acting regulations are granted by the Assistant Collection Associate General Counsel for Secretary with jurisdiction over the (1) Type of Information Collection: Legislation and Regulations, Department regulations for which a waiver was Extension, Without Change, of a of Housing and Urban Development, requested. In those cases in which a Currently Approved Collection. 451 Seventh Street SW, Room 10276, General Deputy Assistant Secretary (2) Title of the Form/Collection: Washington, DC 20410–0500, telephone granted the waiver, the General Deputy Application for a Stay of Deportation or 202–708–3055 (this is not a toll-free Assistant Secretary was serving in the Removal. number). Persons with hearing- or absence of the Assistant Secretary in (3) Agency form number, if any, and speech-impairments may access this accordance with the office’s Order of the applicable component of the number through TTY by calling the toll- Succession. Department of Homeland Security free Federal Relay Service at 800–877– This notice covers waivers of sponsoring the collection: Form I–246, 8339. regulations granted by HUD from ICE. For information concerning a October 1, 2019 through December 31, (4) Affected public who will be asked particular waiver that was granted and 2019. For ease of reference, the waivers or required to respond, as well as a brief for which public notice is provided in granted by HUD are listed by HUD abstract: Primary: Individual or this document, contact the person program office (for example, the Office Households, Business or other non- whose name and address follow the of Community Planning and profit. The information collected on the description of the waiver granted in the Development, the Office of Fair Housing I–246 is necessary for ICE to make a accompanying list of waivers that have and Equal Opportunity, the Office of determination that the eligibility been granted in the fourth quarter of Housing, and the Office of Public and requirements for a request for a stay of calendar year 2019. Indian Housing, etc.). Within each deportation or removal are met by the SUPPLEMENTARY INFORMATION: Section program office grouping, the waivers are applicant. 106 of the HUD Reform Act added a listed sequentially by the regulatory (5) An estimate of the total number of new section 7(q) to the Department of section of title 24 of the Code of Federal respondents and the amount of time Housing and Urban Development Act Regulations (CFR) that is being waived. estimated for an average respondent to (42 U.S.C. 3535(q)), which provides For example, a waiver of a provision in respond: ICE estimates a total of 4,650 that: 24 CFR part 58 would be listed before responses at 30 minutes (.5 hours) per 1. Any waiver of a regulation must be a waiver of a provision in 24 CFR part response. in writing and must specify the grounds 570. (6) An estimate of the total public for approving the waiver; Where more than one regulatory burden (in hours) associated with the 2. Authority to approve a waiver of a provision is involved in the grant of a collection: 2,325 annual burden hours. regulation may be delegated by the particular waiver request, the action is Secretary only to an individual of listed under the section number of the Dated: April 13, 2020. Assistant Secretary or equivalent rank, first regulatory requirement that appears Scott Elmore, and the person to whom authority to in 24 CFR and that is being waived. For PRA Clearance Officer. waive is delegated must also have example, a waiver of both § 58.73 and [FR Doc. 2020–08064 Filed 4–15–20; 8:45 am] authority to issue the particular § 58.74 would appear sequentially in the BILLING CODE 9111–28–P regulation to be waived; listing under § 58.73.

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Waiver of regulations that involve the Reason Waived: The city requested, and Nature of Requirement: The regulation at same initial regulatory citation are in HUD approved a one-year extension of the 24 CFR 219.220(b) (1995), which governs the time sequence beginning with the HOME four-year project completion deadline repayment of operating assistance provided for the Garden State Episcopal (Scattered under the Flexible Subsidy Program for earliest-dated regulatory waiver. Sites) NRP III to November 14, 2019. Troubled Properties, states ‘‘Assistance that Should HUD receive additional However, the project could not be completed has been paid to a project owner under this information about waivers granted within five years of the date of the HOME subpart must be repaid at the earlier of the during the period covered by this report commitment because the homebuyer expiration of the term of the mortgage, (the fourth quarter of calendar year requested re-inspection for radon testing. The termination of mortgage insurance, 2019) before the next report is published reinspection and closing were scheduled prepayment of the mortgage, or a sale of the (the first quarter of calendar year 2020), after the deadline. This waiver permitted the project.’’ HUD will include any additional city to complete the project, retain HOME Granted by: Brian D. Montgomery, units in its affordable housing inventory, and Assistant Secretary for Housing—Federal waivers granted for the fourth quarter in avoid repayment of HOME funds. Housing Commissioner, H. the next report. Contact: Virginia Sardone, Director, Office Date Granted: December 5, 2019. Accordingly, information about of Affordable Housing Programs, Office of Reason Waived: The owners requested and approved waiver requests pertaining to Community Planning and Development, were granted waiver of the requirement to HUD regulations is provided in the Department of Housing and Urban repay the Flexible Subsidy Operating Appendix that follows this notice. Development, 451 Seventh Street SW, Room Assistance Loans in full when they became 7160, Washington, DC 20410, telephone (202) due. Deferring the loan payments will Dated: April 13, 2020. 708–2684. preserve these affordable housing resources Jerome Compton, • Regulation: 24 CFR 92.252(d)(1) Utility for an additional 30 years through the General Counsel. Allowance Requirements execution and recordation of a Rental Use Agreement. Appendix Project/Activity: Contra Costa County, California, requested a waiver of 24 CFR Contact: Crystal Martinez, Senior Account Listing of Waivers of Regulatory 92.252(d)(1) to allow use of utility allowance Executive, Office of Field Management and Requirements Granted by Offices of the established by local public housing agency Program Administrative Division, Office of Department of Housing and Urban (PHA) for a HOME-assisted project—Elaine Housing, Department of Housing and Urban Development October 1, 2019 Through Null and Riley Court Apartments. Development, 451 7th Street SW, December 31, 2019 Nature of Requirement: The regulation at Washington, DC 20410, telephone (202) 402– 24 CFR 92.252(d)(1) requires participating 3718. Note to Reader: More information about jurisdictions to establish maximum monthly • Regulation: 24 CFR 219.220(b)(1995). the granting of these waivers, including a allowances for utilities and services Project/Activity: Pierson Hills I copy of the waiver request and approval, may (excluding telephone) and update the Apartments, FHA Project Number 072– be obtained by contacting the person whose allowances annually. However, participating 44015T, Peoria, IL. Upgrade Development name is listed as the contact person directly jurisdictions are not permitted to use the Corporation (owner) seeks approval to defer after each set of regulatory waivers granted. utility allowance established by the local repayment of the Flexible Subsidy Operating The regulatory waivers granted appear in public housing authority for HOME-assisted Assistance Loan on the subject project. the following order: rental projects. Nature of Requirement: The regulation at I. Regulatory Waivers Granted by the Office Granted By: David C. Woll Jr., Principal 24 CFR 219.220(b) (1995), which governs the of Community Planning and Deputy Assistant Secretary for Community repayment of operating assistance provided Development Planning and Development. under the Flexible Subsidy Program for II. Regulatory Waivers Granted by the Office Date Granted: October 18, 2019. Troubled Properties, states ‘‘Assistance that of Housing—Federal Housing Reason Waived: The HOME requirements has been paid to a project owner under this Administration (FHA) for establishing a utility allowances conflict subpart must be repaid at the earlier of the III. Regulatory Waivers Granted by the Office with Project Based Voucher program expiration of the term of the mortgage, of Public and Indian Housing requirements. It is not possible to use two termination of mortgage insurance, I. Regulatory Waivers Granted by the Office different utility allowances to set the rent for prepayment of the mortgage, or a sale of the of Community Planning and Development a single unit and it is administratively project.’’ burdensome to require a project owner to Granted by: Brian D. Montgomery, For further information about the following establish and implement different utility Assistant Secretary for Housing—Federal regulatory waivers, please see the name of allowances for HOME-assisted units and non- Housing Commissioner, H. the contact person that immediately follows HOME assisted units in a project. Date Granted: December 5, 2019. the description of the waiver granted. Contact: Virginia Sardone, Director, Office Reason Waived: The owner requested and • Regulation: 24 CFR 92.205(e)(2) One- of Affordable Housing Programs, Office of was granted waiver of the requirement to Year Extension of Project Completion. Community and Planning Development, repay the Flexible Subsidy Operating Project/Activity: The city of Jersey City, Department of Housing and Urban Assistance Loan in full when it became due. New Jersey, requested a waiver of 24 CFR Development, 451 Seventh Street SW, Room Deferring the loan payment will preserve the 92.205(e)(2) for Garden State Episcopal 7160, Washington, DC 20410, telephone (202) affordable housing resource for an additional (Scattered Sites) NRP III to permit the project 708–2684. 20 years through the execution and to be completed more than five years after the recordation of a Rental Use Agreement. II. Regulatory Waivers Granted by the Office date of HOME commitment. Contact: Crystal Martinez, Senior Account of Housing—Federal Housing Nature of Requirement: The regulation at Executive, Office of Field Management and Administration (FHA) 24 CFR 92.205(e)(2) requires that a project be Program Administrative Division, Office of completed within four years of the date of For further information about the following Housing, Department of Housing and Urban commitment of HOME funds or the project is regulatory waivers, please see the name of Development, 451 7th Street SW, considered terminated and the participating the contact person that immediately follows Washington, DC 20410, telephone (202) 402– jurisdiction must repay all HOME funds the description of the waiver granted. 3718. invested. The regulation also permits HUD to • Regulation: 24 CFR 219.220(b)(1995). • Regulation: 24 CFR 232.7. grant an extension of up to one year if the Project/Activity: Kenmore Gardens, FHA Project/Activity: Marjorie House FHA participating jurisdiction can demonstrate Project Number 042–44014T; and Kenmore #113–22278, is an Assisted Living/Memory that the project will be completed within one Village, FHA Project Number 042–35589, Care facility. The facility does not meet the year. Cleveland, OH. Kenmore Gardens Limited requirements of 24 CFR 232.7 ‘‘Bathroom’’ of Granted By: David C. Woll Jr., Principal Partnership and Kenmore Village Limited FHA’s regulations. The project location is Deputy Assistant Secretary for Community Partnership (Owner) seeks approval to defer McMinnville, Oregon. Planning and Development. repayment of the Flexible Subsidy Operating Nature of Requirement: The regulation at Date Granted: December 17, 2019. Assistance Loans on the subject projects. 24 CFR 232.7 mandates in a board and care

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home or assisted living facility that not less the contact person that immediately follows limiting the housing construction cost (HCC), than one full bathroom must be provided for the description of the waiver granted. both determined annually by the U.S. every four residents. Also, the bathroom • Regulation: 2 CFR 200.311(c)(1). Department of Housing and Urban cannot be accessed from a public corridor or Project/Activity: The New York City Development. This request was made due to area. Housing Authority (NYCHA) requested that the capital planning requirements of the Granted By: Brian D. Montgomery, HUD grant it an exception from the Project in constructing all handicap- Assistant Secretary for Housing—Federal requirement at 2 CFR 200.311(c)(1) to accessible units and the inability to achieve Housing Commissioner. compensate HUD for HUD’s percentage of economies of scale on a project this small. Date Granted: October 19, 2019. participation in the costs of the Williams Nature of Requirement: 24 CFR 905.314(c) Reason Waived: The project currently has Plaza and Independence public housing and (d) requires that Public Housing funds, a resident to shower ratio of 9:1. The memory properties. This request was made pursuant including Capital Funds, may not be used to care residents require assistance with to a request by NYCHA to retain these pay for Housing Construction Cost (HCC) and bathing. These residents are housed in units properties (outside of public housing Community Renewal Costs in excess of the in a secure, lock-down area, with a half- requirements) under 2 CFR 200.311. NYCHA Total Development Cost (TDC) limit. bathroom each and access to the shower (and these properties) are located in New Similarly, the regulation at 24 CFR rooms through a hallway. The project meets York, NY. 905.314(d) requires that a PHA not use the State of Oregon licensing requirements Nature of Requirement: 2 CFR Capital Funds to pay for HCC in excess of the for bathing and toileting facilities. 200.311(c)(1) states that ‘‘[w]hen real amount determined under paragraph (d) (2) Contact: John Hartung, Director of Policy, property is no longer needed for the of that section. Risk Analysis & Lender Relations, Office of originally authorized purpose,’’ HUD must Granted By: R. Hunter Kurtz, Assistant Residential Care Facilities, Office of provide disposition instructions whereby a Secretary, Public and Indian Housing, Healthcare Programs, Office of Housing, non-Federal entity (in this case, a Public granted this pursuant to 24 CFR 905.314(c) Department of Housing and Urban Housing Agency (PHA)) can retain title after and (d). In accordance with 24 CFR 5.110, Development, 1222 Spruce Street, 3rd Floor, compensating HUD. ‘‘The amount paid to good cause was determined to waive the TDC St. Louis, MO 63103, Telephone (314) 418– [HUD] will be computed by applying [HUD’s] and HCC limits due to the additional 5238. percentage of participation in the cost of the construction costs associated with the • Regulation: 24 CFR 881.205(c). original purchase (and costs of any accessibility requirements of the project. Project/Activity: Bryn Mawr Apartments, improvements) to the fair market value of the Date Granted: December 16, 2019. FHA Project Number 071–35760, Chicago, IL. property.’’ Reason Waived: HACL submitted Bryn Mawr Preservation Limited Partnership, Granted By: R. Hunter Kurtz, Assistant documentation by an engineering firm, based an Illinois limited partnership (Proposed Secretary, Public and Indian Housing, on the construction of accessible units, in Owner) seeks approval to allow for new granted this exception pursuant to 2 CFR which each unit required extra space for equity associated with the four percent tax 200.102(b). Under this authority, HUD has dimensional allowances for wheelchair credits and bonds from Illinois Housing the authority to grant requests to the occupants, accessible cabinets, tubs, Development Authority to be infused into the compensation requirement of 2 CFR handrails and ramps, and sidewalk project to be considered as ‘‘owner initial 200.311(c)(1) on a case-by-case basis. modifications. Thus, the construction cost equity’’ for the purpose of calculating Date Granted: November 18, 2019. increased by $157,600, exceeding the TDC distributions. Reason Waived: NYCHA did not use public and HCC limits, per the engineering firm. Nature of Requirement: The regulation at housing funds to acquire the Williams Plaza Good cause exists to waive TDC and HCC 24 CFR 881.205 (c) defines terms applicable and Independence properties. HUD’s limits due to additional construction and the to determining the allowable distribution, percentage of participation in the cost of the inability to economies of scale on a project and under this section ‘‘an owner’s equity Williams Plaza and Independence properties this small. investment in a project is deemed to be 10 was 39.95% and 38.14%. NYCHA justified Contact: Robert E. Mulderig, Deputy percent of the replacement cost of the part of its request for the exception to compensate Assistant Secretary, Office of Public Housing the project attributable to dwelling use HUD on its intent to operate the properties Investments, Office of Public and Indian accepted by HUD at cost certification, unless as affordable housing outside of the public Housing, Department of Housing and Urban the owner justifies a higher equity housing program. Specifically, NYCHA Development, 451 Seventh Street SW, Room contribution by cost certification 4130, Washington, DC 20410, telephone (202) documentation in accordance with HUD indicated it would add all units at these properties to a Section 8 project-based 402–4780. mortgage insurance procedures.’’ • Granted by: Brian D. Montgomery, voucher (PBV) HAP that was executed on Regulation: 24 CFR 905.314(c). Assistant Secretary for Housing—Federal March 16, 2010 that was already in effect for Project/Activity: The Housing Authority of Housing Commissioner, H. others unit at the properties. HUD granted New Orleans (HANO) requested that HUD Date Granted: November 13, 2019. this request based on the continued future grant a waiver on the requirement of 24 CFR Reason Waived: The proposed owner use of the properties as housing for low- 905.314(c) limiting the total development requested and was granted waiver of the income families through the PBV program cost (TDC limit) of a new construction project requirement to allow for ‘‘new’’ equity and the relatively low percentage of HUD as determined annually by the U.S. infused by Tax Credits and bonds to be funds in these properties. HUD’s approval Department of Housing and Urban included in the calculation of the Owner’s required NYCHA to record a 40-year use Development. Distribution to be considered under the restriction against the properties that Nature of Requirement: 24 CFR 905.314(c) allowable equity as described in section 24 required the properties to be operated as and (d) requires that Public Housing funds, CFR 881.205 (c). Granting this waiver is Section 8 PBV housing for low-income including Capital Funds, may not be used to consistent with both programmatic objectives families. pay for Housing Construction Cost (HCC) and and the Secretary’s goal of maintaining Contact: Robert E. Mulderig, Deputy Community Renewal Costs in excess of the affordable housing for low-income persons. Assistant Secretary, Office of Public Housing Total Development Cost (TDC) limit. Contact: Crystal Martinez, Senior Account Investments, Office of Public and Indian Granted By: R. Hunter Kurtz, Assistant Executive, Office of Field Management and Housing, Department of Housing and Urban Secretary, Public and Indian Housing, Program Administrative Division, Office of Development, 451 Seventh Street SW, Room granted this pursuant to 24 CFR 905.314(c). Housing, Department of Housing and Urban 4130, Washington, DC 20410, telephone (202) In accordance with 24 CFR 5.110, good cause Development, 451 7th Street SW, 402–4780. was determined to waive the TDC limits and Washington, DC 20410, telephone (202) 402– • Regulation: 24 CFR 905.314(c) and (d). to accommodate the additional construction 3718. Project/Activity: The Housing Authority of costs the site’s redevelopment was divided the County of Lackawanna (HACL) requested into two phases to increase fundability. III. Regulatory Waivers Granted by the that HUD grant a waiver on the requirement Date Granted: December 27, 2019. Office of Public and Indian Housing of 24 CFR 905.314(c) limiting the total Reason Waived: HANO submitted a letter For further information about the following development cost (TDC limit) of a new requesting a waiver which stated that if the regulatory waivers, please see the name of construction project and 24 CFR 905.314(d) Choice Neighborhoods funds used for

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acquisition were not included in the 5275 Leesburg Pike, Falls Church, VA Comment (1): We received one calculation for TDC, the TDC limit would not 22041–3803; (703) 358–2376. comment from the Western Energy have exceeded amongst other items. SUPPLEMENTARY INFORMATION: Alliance, which requested that we Contact: Robert E. Mulderig, Deputy include European starling (Sturnus Assistant Secretary, Office of Public Housing What is the purpose of this notice? vulgaris) and house sparrow (Passer Investments, Office of Public and Indian Housing, Department of Housing and Urban The purpose of this notice is to domesticus) on the list of bird species Development, 451 Seventh Street SW, Room provide the public an updated list of not protected by the MBTA. 4130, Washington, DC 20410, telephone (202) ‘‘all nonnative, human-introduced bird Response: The draft list of nonnative, 402–4780. species to which the Migratory Bird human-introduced species was [FR Doc. 2020–08052 Filed 4–15–20; 8:45 am]‘ Treaty Act (16 U.S.C. 703 et seq.) does restricted to species belonging to biological families of migratory birds BILLING CODE 4210–67–P not apply,’’ as described in the MBTRA of 2004 (Division E, Title I, Sec. 143 of covered under any of the migratory bird the Consolidated Appropriations Act, treaties with Great Britain (for Canada), Mexico, Russia, or Japan. We excluded DEPARTMENT OF THE INTERIOR 2005; Pub. L. 108–447). The MBTRA states that ‘‘[a]s necessary, the Secretary species not occurring in biological Fish and Wildlife Service may update and publish the list of families included in the treaties from species exempted from protection of the the draft list. For clarification purposes, [Docket No. FWS–HQ–MB–2018–0048; following the list of species, we have FXMB 12320900000//201//FF09M29000] Migratory Bird Treaty Act.’’ The Service published the initial list required by the added a list of biological families that do not qualify for protection under the List of Bird Species To Which the MBTRA on March 15, 2005 (70 FR MBTA and that have species known to Migratory Bird Treaty Act Does Not 12710). occur in the United States or U.S. Apply This notice is strictly informational. It territories, whether human-introduced merely updates our 2005 list of the bird or by natural occurrence. This includes AGENCY: Fish and Wildlife Service, species that are included in the four house sparrow (Passer domesticus), Interior. migratory bird treaties (see below) but to which occurs in the Passeridae family, ACTION: Notice of availability. which the MBTA does not apply. The and European starling (Sturnus presence or absence of a species on this SUMMARY: vulgaris), which occurs in the Sturnidae We, the U.S. Fish and list has, by itself, no legal effect. This family. As defined in the treaty with Wildlife Service, are publishing an list does not change the protections that Japan, the only members of the amended list of the nonnative bird any of these species might receive under Sturnidae family that qualify for species that have been introduced by other international agreements and protection under the MBTA are those humans into the United States or U.S. statutes, such as the Convention on included in that treaty’s annex that territories and to which the Migratory International Trade in Endangered occur naturally in the United States or Bird Treaty Act (MBTA) does not apply. Species of Wild Fauna and Flora U.S. territories. The Migratory Bird Treaty Reform Act (CITES; T.I.A.S. 8249), the Endangered (MBTRA) of 2004 amends the MBTA by Comment (2): A private individual Species Act of 1973 (16 U.S.C. 1531 et commented on the significance of birds stating that the MBTA applies only to seq.), or the Wild Bird Conservation Act migratory bird species that are native to to healthy ecosystems, to natural of 1992 (16 U.S.C. 4901 et seq.). habitats, and to humans. The the United States or U.S. territories, and Regulations implementing the MBTA that a native migratory bird species is commenter also noted the decline of are in parts 10, 20, and 21 of title 50 of bird populations and that nonnative one that is present as a result of natural the Code of Federal Regulations (CFR). biological or ecological processes. The species can displace native bird species. The list of migratory birds covered by Response: The purpose of this MBTRA requires that we publish a list the MBTA is located at 50 CFR 10.13. of all nonnative, human-introduced bird updated list of bird species to which the Elsewhere in today’s Federal Register, MBTA does not apply is to reflect species to which the MBTA does not we publish a final rule to update the list apply. We first published a list in 2005. current taxonomy and distribution. This of migratory bird species protected list itself does not reflect the Service’s We update the 2005 list with this notice. under the MBTA at 50 CFR 10.13; that This notice identifies those species obligation and efforts to conserve rule contains information on the four healthy bird populations. belonging to biological families referred migratory bird treaties between the to in treaties the MBTA implements that United States and four neighboring What criteria did we use to identify are not protected because their presence countries (Great Britain (for Canada), bird species not protected by the in the United States or U.S. territories is Mexico, Russia, and Japan). MBTA? solely the result of intentional or unintentional human-assisted What was the response of the public to The criteria remain the same as stated introductions. This notice presents an the draft list? in our notice published on March 15, 2005, at 70 FR 12710. updated list of species not protected by On November 28, 2018, we published the MBTA, which reflects current in the Federal Register (83 FR 61161) a Summary of updates to the 2005 list of taxonomy, removes one species that no notice announcing a draft list of the bird species not protected by the MBTA longer occurs in a protected family, and nonnative, human-introduced bird This notice presents a list of species removes two species as a result of new species to which the MBTA does not that are not protected by the MBTA to distributional records documenting apply. We solicited public comments on reflect current taxonomy, to remove one their natural occurrence in the United the draft list for 60 days, ending on species that no longer occurs in a States. January 28, 2019. We received two protected family, and to remove two FOR FURTHER INFORMATION CONTACT: Eric comments in response to the draft list, species as a result of new distributional L. Kershner, Chief, Branch of one from a private individual and one records documenting their natural Conservation, Permits, and Regulations; from an organization. Below, we discuss occurrence in the United States. We Division of Migratory Bird Management; the comments we received and our present the taxonomic updates in the U.S. Fish and Wildlife Service; MS: MB; responses to them. list below. Japanese bush-warbler

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(Cettia diphone), great black hawk Family Anatidae Family Gruiidae (Buteogallus urubitinga), and red-legged Mandarin Duck, Aix galericulata Demoiselle Crane, Anthropoides virgo honeycreeper (Cyanerpes cyaneus) Egyptian Goose, Alopochen aegyptiaca Sarus Crane, Antigone antigone appeared on the March 15, 2005, list (70 Philippine Duck, Anas luzonica Black Crowned-Crane, Balearica FR 12710), but are not on this list. Graylag Goose, Anser anser pavonina Japanese bush-warbler no longer occurs Domestic Goose, Anser anser Gray Crowned-Crane, Balearica in a protected family due to changes in ‘domesticus’ regulorum taxonomy. New distributional records Swan Goose, Anser cygnoides document the natural occurrence of Bar-headed Goose, Anser indicus Family Charadriidae great black hawk and red-legged Red-breasted Goose, Branta ruficollis Southern Lapwing, Vanellus chilensis honeycreeper in the United States. Ringed Teal, Callonetta leucophrys Spur-winged Lapwing, Vanellus Please note that the distributional Maned Duck, Chenonetta jubata spinosus records concerning great black hawk Coscoroba Swan, Coscoroba coscoroba came to our attention after the Black Swan, Cygnus atratus Family Laridae publication of our draft list on Black-necked Swan, Cygnus Silver Gull, Chroicocephalus November 28, 2018 (83 FR 61161); melancoryphus novaehollandiae therefore, while our draft list included Mute Swan, Cygnus olor Family Ciconiidae great black hawk on the list of species White-faced Whistling-Duck, that are not protected by the MBTA, this Dendrocygna viduata Abdim’s Stork, Ciconia abdimii Rosy-billed Pochard, Netta peposaca list does not. See our final rule to White Stork, Ciconia ciconia Red-crested Pochard, Netta rufina Woolly-necked Stork, Ciconia episcopus update the list of migratory bird species Cotton Pygmy-Goose, Nettapus protected under the MBTA at 50 CFR Black-necked Stork, Ephippiorhynchus coromandelianus asiaticus 10.13, published elsewhere in today’s Orinoco Goose, Oressochen jubatus Federal Register, for more information (Neochen jubata) Family Phalacrocoracidae about the status of great black hawk Hottentot Teal, Spatula hottentota under the MBTA. Red-legged Cormorant, Phalacrocorax Ruddy Shelduck, Tadorna ferruginea gaimardi The List Common Shelduck, Tadorna tadorna Family Anhingidae What are the nonnative, human- Family Phoenicopteridae Oriental Darter, Anhinga melanogaster introduced bird species to which the Lesser Flamingo, Phoeniconaias minor MBTA does not apply that belong to Chilean Flamingo, Phoenicopterus Family Pelecanidae biological families of migratory birds chilensis Great White Pelican, Pelecanus covered under any of the migratory bird Family Columbidae onocrotalus conventions (treaties) with Great Britain Pink-backed Pelican, Pelecanus (for Canada), Mexico, Russia, or Japan? Nicobar Pigeon, Caloenas nicobarica rufescens We made this list as comprehensive Asian Emerald Dove, Chalcophaps as possible by including all nonnative, indica Family Threskiornithidae human-assisted species that belong to Rock Pigeon, Columba livia Eurasian Spoonbill, Platalea leucorodia any of the families referred to in the Common Wood-Pigeon, Columba Sacred Ibis, Threskiornis aethiopicus treaties and whose occurrence(s) in the palumbus United States or U.S. territories have Luzon Bleeding-heart, Gallicolumba Family Cathartidae been documented in the scientific luzonica King Vulture, Sarcoramphus papa literature. It is not, however, an Diamond Dove, Geopelia cuneata exhaustive list of all the nonnative Bar-shouldered Dove, Geopelia Family Accipitridae species that could potentially appear in humeralis Variable Hawk, Geranoaetus polyosoma the United States or U.S. territories as a Zebra Dove, Geopelia striata Griffon-type Old World vulture, Gyps result of human assistance. New species Spinifex Pigeon, Geophaps plumifera sp. of nonnative birds are reported annually Partridge Pigeon, Geophaps smithii Bateleur, Terathopius ecaudatus Wonga Pigeon, Leucosarcia in the United States, and it is impossible Family Strigidae to predict which species might appear melanoleuca Crested Pigeon, Ocyphaps lophotes Spectacled Owl, Pulsatrix perspicillata in the near future. Common Bronzewing, Phaps The appearance of a species on this chalcoptera Family Corvidae list does not preclude its addition to the Blue-headed Quail-Dove, Starnoenas list of migratory birds protected by the Black-throated Magpie-Jay, Calocitta cyanocephala colliei MBTA (50 CFR 10.13) at some later date Island Collared-Dove, Streptopelia should evidence come to light White-necked Raven, Corvus albicollis bitorquata Carrion Crow, Corvus corone confirming natural occurrence in the Spotted Dove, Streptopelia chinensis Cuban Crow, Corvus nasicus United States or U.S. territories. Eurasian Collared-Dove, Streptopelia House Crow, Corvus splendens The list arranges 122 species by decaocto Azure Jay, Cyanocorax caeruleus family according to the American African Collared-Dove, Streptopelia San Blas Jay, Cyanocorax sanblasianus Ornithological Society (AOS) (1998, as roseogrisea Rufous Treepie, Dendrocitta vagabunda amended and following taxonomy in the Eurasian Jay, Garrulus glandarius AOS 2019 supplement). Within Family Trochilidae Red-billed Chough, Pyrrhocorax families, the list arranges species Black-throated Mango, Anthracothorax pyrrhocorax alphabetically by scientific name. nigricollis Red-billed Blue-Magpie, Urocissa Common and scientific names follow erythroryncha Clements et al. (2017); any names Family Rallidae occurring differently in the AOS 2019 Gray-cowled Wood-Rail, Aramides Family Alaudidae supplement are in parentheses. cajaneus Japanese Skylark, Alauda japonica

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Wood Lark, Lullula arborea Yellow-billed Cardinal, Paroaria Pub. L. 108–447), and the Migratory Calandra Lark, Melanocorypha calandra capitata Bird Treaty Act (16 U.S.C. 703–712). Mongolian Lark, Melanocorypha Red-crested Cardinal, Paroaria coronata Aurelia Skipwith, mongolica Red-cowled Cardinal, Paroaria Director, U.S. Fish and Wildlife Service. Family Paridae dominicana Red-capped Cardinal, Paroaria gularis [FR Doc. 2020–06782 Filed 4–15–20; 8:45 am] Eurasian Blue Tit, Cyanistes caeruleus BILLING CODE 4333–15–P Great Tit, Parus major Saffron Finch, Sicalis flaveola Varied Tit, Sittiparus varius Blue-gray Tanager, Thraupis episcopus Cuban Grassquit, Tiaris canorus DEPARTMENT OF THE INTERIOR Family Cinclidae The MBTA also does not apply to: White-throated Dipper, Cinclus cinclus (1) Nonnative species introduced into Bureau of Indian Affairs the United States or U.S. territories by Family Sylviidae means of intentional or unintentional [201A2100DD/AAKC001030/ Eurasian Blackcap, Sylvia atricapilla human assistance that belong to families A0A501010.999900253G] Family Muscicapidae or groups covered by the Canadian, Mexican, or Russian Conventions. Indian Gaming; Extension of Tribal- Indian Robin, Copsychus fulicatus (2) Species native or nonnative to the State Class III Gaming Compact White-rumped Shama, Copsychus United States or U.S. territories that (Standing Rock Sioux Tribe of North & malabaricus either belong to families or groups not Oriental Magpie-Robin, Copsychus South Dakota and the State of South referred to in the Canada, Mexico, and Dakota) saularis Russia Conventions or are not included European Robin, Erithacus rubecula by species name in the Japan Japanese Robin, Larvivora akahige AGENCY: Bureau of Indian Affairs, Convention. This includes the Ryukyu Robin, Larvivora komadori Interior. Tinamidae (tinamous), Megapodiidae Common Nightingale, Luscinia (megapodes), Cracidae (chachalacas), ACTION: Notice. megarhynchos Odontophoridae (New World quail), Family Turdidae Phasianidae (grouse, ptarmigan, and SUMMARY: This notice announces the Song Thrush, Turdus philomelos turkeys), Pteroclidae (sandgrouse), extension of the Class III gaming Red-throated Thrush, Turdus ruficollis Heliornithidae (finfoots), Burhinidae compact between the Standing Rock (thick-knees), Glareolidae (pratincoles), Sioux Tribe of North & South Dakota Family Prunellidae Todidae (todies), Psittacidae (parrots), and the State of South Dakota. Dunnock, Prunella modularis Psittaculidae (Old World parrots), Meliphagidae (honeyeaters), Dicruridae DATES: The extension takes effect on Family Fringillidae (drongos), Monarchidae (monarchs), April 16, 2020. European Goldfinch, Carduelis Pycnonotidae (bulbuls), Scotocercidae FOR FURTHER INFORMATION CONTACT: Ms. carduelis (bush warblers and allies), Paula L. Hart, Director, Office of Indian European Greenfinch, Chloris chloris Zosteropidae (white-eyes), Sturnidae Gaming, Office of the Assistant White-rumped Seedeater, Crithagra (starlings, except as listed in Japanese Secretary—Indian Affairs, Washington, leucopygia treaty), Ploceidae (weavers), Estrildidae DC 20240, (202) 219–4066. Yellow-fronted Canary, Crithagra (estrildid finches), and Passeridae (Old mozambica World sparrows, including house or SUPPLEMENTARY INFORMATION: An Eurasian Linnet, Linaria cannabina English sparrow), as well as numerous extension to an existing Tribal-State Parrot Crossbill, Loxia pytyopsittacus other families not represented in the Class III gaming compact does not Island Canary, Serinus canaria United States or U.S. territories. require approval by the Secretary if the Red Siskin, Spinus cucullatus extension does not modify any other References Cited Hooded Siskin, Spinus magellanicus terms of the compact. 25 CFR 293.5. The Family Emberizidae American Ornithological Society. 2019. Standing Rock Sioux Tribe of North & Sixtieth Supplement to the American South Dakota and the State of South Yellowhammer, Emberiza citrinella Ornithological Society’s Check-list of North Dakota have reached an agreement to American Birds. Auk 136:798–813. Family Icteridae American Ornithologists’ Union. 1998. extend the expiration date of their existing Tribal-State Class III gaming Venezuelan Troupial, Icterus icterus Check-list of North American birds: The Spot-breasted Oriole, Icterus pectoralis species of birds of North America from the compact to August 14, 2020. This Montezuma Oropendola, Psarocolius Arctic through Panama, including the West publication provides notice of the new Indies and Hawaiian Islands. 7th edition. expiration date of the compact. montezuma Washington, DC. Red-breasted Meadowlark, Sturnella Clements, J.F., T.S. Schulenberg, M.J. Iliff, Tara Sweeney, militaris D. Roberson, T.A. Fredericks, B.L. Sullivan, Assistant Secretary—Indian Affairs. and C.L. Wood. 2017. The eBird/Clements Family Cardinalidae [FR Doc. 2020–07994 Filed 4–15–20; 8:45 am] checklist of birds of the world: v2017. Orange-breasted Bunting, Passerina Downloaded from http:// BILLING CODE 4337–15–P leclancherii www.birds.cornell.edu/clementschecklist/ Red-hooded Tanager, Piranga rubriceps download/. Family Thraupidae Authority Yellow Cardinal, Gubernatrix cristata The authority for this notice is the Greater Antillean Bullfinch, Loxigilla Migratory Bird Treaty Reform Act of violacea 2004 (Division E, Title I, Sec. 143 of the Cuban Bullfinch, Melopyrrha nigra Consolidated Appropriations Act, 2005;

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DEPARTMENT OF THE INTERIOR collection request was published on workload. Therefore, BOEM will issue December 11, 2019 (84 FR 67753). No calls for information about needed Bureau of Ocean Energy Management comments were received. resources and locations from interested [OMB Control Number 1010–0187; Docket BOEM is again soliciting comments parties to develop and maintain a ID: BOEM–2017–0016] on the proposed ICR that is described project schedule. BOEM may also issue below. BOEM is especially interested in calls for information in response to an Agency Information Collection public comment addressing the emergency declaration, such as a Activities; Project Planning for the Use following issues: (1) Is the collection hurricane or tropical storm. This ICR of Outer Continental Shelf Sand, necessary to the proper functions of has no significant changes from the Gravel, and Shell Resources in BOEM; (2) what can BOEM do to ensure 2017 OMB approved information Construction Projects That Qualify for this information will be processed and collection. a Negotiated Noncompetitive used in a timely manner; (3) is the In the event the number of requested Agreement estimate of burden accurate; (4) how projects exceeds the limits of the current might BOEM enhance the quality, BOEM staff and funding resources, AGENCY: Bureau of Ocean Energy utility, and clarity of the information to Management, Interior. BOEM may request the relevant states to be collected; and (5) how might BOEM prioritize their own projects based on ACTION: Notice of information collection; minimize the burden of this collection several criteria including likelihood of request for comment. on the respondents, including project funding and progress of minimizing the burden through the use environmental work. BOEM will use SUMMARY: In accordance with the of information technology? Paperwork Reduction Act of 1995, the Comments that you submit in this information to determine Bureau of Ocean Energy Management response to this notice are a matter of appropriate future resource allocations, (BOEM) is proposing to renew an public record. You should be aware that identify potential conflicts of use, information collection request. your entire comment—including your develop NNAs, and meet all necessary DATES: Interested persons are invited to address, phone number, email address, environmental and legal requirements. submit comments on or before May 18, or other personal identifying BOEM will publish all ongoing projects 2020. information—may be made publicly on the website http://www.boem.gov/ Requests-and-Active-Leases/. ADDRESSES: Written comments and available at any time. In order for BOEM recommendations for the proposed to withhold from disclosure your Title of Collection: Project Planning information collection should be sent personally identifiable information, you for the Use of Outer Continental Shelf within 30 days of publication of this must identify any information contained Sand, Gravel, and Shell Resources in notice to www.reginfo.gov/public/do/ in the submittal of your comments that, Construction Projects that Qualify for PRAMain. You may find this particular if released, would clearly constitute an Negotiated Noncompetitive Agreement. information collection by selecting unwarranted invasion of your personal OMB Control Number: 1010–0187. ‘‘Currently under Review—Open for privacy. You must also briefly describe Form Number: None. Public Comments’’ or by using the any possible harmful consequences of the disclosure of your information, such Type of Review: Renewal of a search function. Please provide a copy currently approved collection. of your comments to Anna Atkinson, as embarrassment, injury, or other harm. Bureau of Ocean Energy Management, While you can ask BOEM in your Respondents/Affected Public: 45600 Woodland Road, Sterling, comment to withhold your personally Potential respondents comprise states, Virginia 20166; or by email to identifiable information from public counties, localities, and tribes. [email protected]. Please review, BOEM cannot guarantee that it Total Estimated Number of Annual reference OMB Control Number 1010– will be able to do so. Responses: 80 responses. BOEM protects proprietary 0187 in the subject line of your Total Estimated Number of Annual information in accordance with the comments. Burden Hours: 200 hours. Freedom of Information Act (5 U.S.C. FOR FURTHER INFORMATION CONTACT: To 552) and the Department of the Respondent’s Obligation: Voluntary. request additional information about Interior’s implementing regulations (43 Frequency of Collection: Annually this ICR, contact Anna Atkinson by CFR part 2). and on occasion. email, or by telephone at 703–787–1025. Abstract: Under the authority Total Estimated Annual Non-Hour You may also view the ICR at http:// delegated by the Secretary of the Burden Cost: None. www.reginfo.gov/public/do/PRAMain. Interior, BOEM is authorized, pursuant Estimated Reporting and SUPPLEMENTARY INFORMATION: In to section 8(k)(2) of the OCS Lands Act Recordkeeping Hour Burden: We accordance with the Paperwork (43 U.S.C. 1337(k)(2)), to convey rights estimate that the annual reporting Reduction Act of 1995, BOEM provides to OCS sand, gravel, and shell resources burden for this collection is about 200 the general public and other Federal by negotiated noncompetitive agreement hours, assuming an emergency agencies with an opportunity to (NNA) for use in shore protection and declaration is made each year. comment on new, proposed, revised, beach and coastal restoration, or for use and continuing collections of in construction projects funded in Local Government Compilation: 25 × × information. This helps BOEM assess whole or part by, or authorized by, the local 1 hour/entity 2 responses/year the impact of the information collection Federal Government. = 50 hours; State Compilation: 15 States × × requirements and minimize the public’s Since the beginning of 2017, BOEM 5 hours/State 2 responses/year = 150 reporting burden. It also helps the has processed 17 negotiated agreements hours (50 county hours + 150 State public understand BOEM’s information and amendments to existing agreements. hours = 200 total burden hours). collection requirements and provide the In order for BOEM to continue to meet An agency may not conduct or requested data in the desired format. the needs of locals and state sponsor, and a person is not required to A Federal Register notice with a 60- governments, information regarding respond to, a collection of information day public comment period soliciting upcoming projects must be acquired to unless it displays a currently valid OMB comments on this proposed information plan for future projects and anticipated control number.

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Authority: The authority for this action is immediately and until further notice, DATES: April 9, 2020. the Paperwork Reduction Act of 1995 (44 which will be provided in a subsequent FOR FURTHER INFORMATION CONTACT: U.S.C. 3501 et seq.). Federal Register notice. Waiver and Amelia Shister ((202) 205–2047), Office Deanna Meyer-Pietruszka, amendment of these rules will mitigate of Investigations, U.S. International Chief, Office of Policy, Regulations, and disruption to Title VII investigations Trade Commission, 500 E Street SW, Analysis. while the USITC building is closed. Washington, DC 20436. Hearing- [FR Doc. 2020–07992 Filed 4–15–20; 8:45 am] Specifically, the Commission impaired persons can obtain temporarily waives the provisions of BILLING CODE 4310–MR–P information on this matter by contacting Rules 201.13(f) and (h), 207.15, and the Commission’s TDD terminal on 202– 207.24(b) (19 CFR 201.13(f) and (h), 205–1810. Persons with mobility 207.15, and 207.24(b)) that require or INTERNATIONAL TRADE impairments who will need special permit participants to submit COMMISSION assistance in gaining access to the presentations, statements, and written Commission should contact the Office Temporary Change to Antidumping/ witness testimony at in-person AD/CVD of the Secretary at 202–205–2000. Countervailing Duty Conference and conferences and hearings. General information concerning the The Commission has approved the Hearing Procedures Commission may also be obtained by temporary amendment of Rule 207.24(b) accessing its internet server (https:// AGENCY: United States International (19 CFR 207.24(b)) to permit parties to www.usitc.gov). The public record for Trade Commission. submit written presentations and these reviews may be viewed on the written witness testimony, and to ACTION: Notice. Commission’s electronic docket (EDIS) permit nonparties to submit brief at https://edis.usitc.gov. SUMMARY: The United States written statements. The Commission has International Trade Commission also approved the temporary SUPPLEMENTARY INFORMATION: (Commission) provides notice that, to amendment of Rule 207.15 (19 CFR Background.—On January 6, 2020, the address concerns related to COVID–19, 207.15) to instruct each party to provide Commission determined that responses it is temporarily waiving and amending written witness testimony in accordance to its notice of institution of the subject certain of the Commission’s rules that with the schedule and instructions five-year reviews were such that full permit participants to appear in-person specified by the Director or presiding reviews should proceed (85 FR 5036, to give oral presentations, written official. All such filings shall comply January 28, 2020); accordingly, full witness testimony, or statements at with the procedures set forth in the reviews are being scheduled pursuant to antidumping/countervailing duty (AD/ Commission’s Electronic Document section 751(c)(5) of the Tariff Act of CVD) preliminary phase conferences, Information System website at https:// 1930 (19 U.S.C. 1675(c)(5)). A record of and final phase investigation and five- edis.usitc.gov. the Commissioners’ votes, the year review hearings held under Title Commission’s statement on adequacy, By order of the Commission. and any individual Commissioner’s VII of the Tariff Act of 1930. Issued: April 10, 2020. statements are available from the Office DATES: Immediately and until further William Bishop, notice. of the Secretary and at the Supervisory Hearings and Information Commission’s website. FOR FURTHER INFORMATION CONTACT: You Officer. Participation in the reviews and may direct telephone inquiries to Lisa R. [FR Doc. 2020–07967 Filed 4–15–20; 8:45 am] public service list.—Persons, including Barton, Secretary to the Commission, BILLING CODE 7020–02–P industrial users of the subject the Office of the Secretary at (202) 205– merchandise and, if the merchandise is 2000. You may direct email inquiries to sold at the retail level, representative INTERNATIONAL TRADE [email protected]. Hearing impaired consumer organizations, wishing to COMMISSION persons can obtain information on this participate in these reviews as parties matter by contacting the Commission’s [Investigation Nos. 701–TA–502 and 731– must file an entry of appearance with TDD terminal at (202) 205–1810. You TA–1227 (Review)] the Secretary to the Commission, as may find general information provided in section 201.11 of the concerning the Commission at https:// Steel Concrete Reinforcing Bar from Commission’s rules, by 45 days after www.usitc.gov. Mexico and Turkey; Scheduling of Full publication of this notice. A party that SUPPLEMENTARY INFORMATION: Section Five-Year Reviews filed a notice of appearance following 201.4(b) of the Commission’s Rules of AGENCY: United States International publication of the Commission’s notice Practice and Procedure (19 CFR Trade Commission. of institution of the reviews need not 201.4(b)) permits the Commission to ACTION: Notice. file an additional notice of appearance. amend, waive, suspend, or revoke The Secretary will maintain a public Commission rules for ‘‘good and SUMMARY: The Commission hereby gives service list containing the names and sufficient reason’’ if the rule is not a notice of the scheduling of full reviews addresses of all persons, or their matter of procedure required by law. pursuant to the Tariff Act of 1930 (‘‘the representatives, who are parties to the The procedures permitting participants Act’’) to determine whether revocation reviews. to make oral statements or of the antidumping duty order on steel For further information concerning presentations, or submit written witness concrete reinforcing bar from Mexico the conduct of these reviews and rules testimony, at AD/CVD proceedings are and the countervailing duty order on of general application, consult the not procedures required by law. steel concrete reinforcing bar from Commission’s Rules of Practice and Therefore, to address concerns related to Turkey would be likely to lead to Procedure, part 201, subparts A and B COVID–19, the Commission has continuation or recurrence of material (19 CFR part 201), and part 207, determined that there is good and injury within a reasonably foreseeable subparts A, D, E, and F (19 CFR part sufficient reason to waive and amend time. The Commission has determined 207). certain Commission rules. This rule to exercise its authority to extend the Limited disclosure of business waiver and amendment is effective review period by up to 90 days. proprietary information (BPI) under an

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administrative protective order (APO) addition, any person who has not INTERNATIONAL TRADE and BPI service list.—Pursuant to entered an appearance as a party to the COMMISSION section 207.7(a) of the Commission’s reviews may submit a written statement [Investigation No. 337–TA–1196] rules, the Secretary will make BPI of information pertinent to the subject of gathered in these reviews available to the reviews on or before August 14, Certain In Vitro Fertilization Products, authorized applicants under the APO 2020. On September 8, 2020, the Components Thereof, and Products issued in the reviews, provided that the Commission will make available to Containing the Same; Institution of application is made by 45 days after parties all information on which they Investigation publication of this notice. Authorized have not had an opportunity to applicants must represent interested comment. Parties may submit final AGENCY: U.S. International Trade parties, as defined by 19 U.S.C. 1677(9), comments on this information on or Commission. who are parties to the reviews. A party before September 10, 2020, but such ACTION: Notice. granted access to BPI following final comments must not contain new publication of the Commission’s notice factual information and must otherwise SUMMARY: Notice is hereby given that a of institution of the reviews need not comply with section 207.68 of the complaint was filed with the U.S. reapply for such access. A separate Commission’s rules. All written International Trade Commission on service list will be maintained by the submissions must conform with the March 11, 2020, under section 337 of Secretary for those parties authorized to provisions of section 201.8 of the the Tariff Act of 1930, as amended, on receive BPI under the APO. Commission’s rules; any submissions behalf of EMD Serono, Inc. of Rockland, Staff Report. —The prehearing staff that contain BPI must also conform with Massachusetts. A supplement and report in the reviews will be placed in the requirements of sections 201.6, amendment to the complaint was filed the nonpublic record on July 21, 2020, 207.3, and 207.7 of the Commission’s on March 27, 2020. The complaint, as and a public version will be issued rules. The Commission’s Handbook on supplemented and amended, alleges thereafter, pursuant to section 207.64 of Filing Procedures, available on the violations of section 337 based upon the the Commission’s rules. Commission’s website at https:// importation into the United States, the Hearing.—The Commission will hold www.usitc.gov/documents/handbook_ sale for importation, and the sale within a hearing in connection with the on_filing_procedures.pdf, elaborates the United States after importation of reviews beginning at 9:30 a.m. on upon the Commission’s procedures with certain in vitro fertilization products, Thursday, August 6, 2020, at the U.S. respect to filings. components thereof, and products International Trade Commission containing same (collectively, ‘‘Gray Additional written submissions to the Building. Requests to appear at the Market IVF Products’’) by reason of Commission, including requests hearing should be filed in writing with infringement of certain U.S. Trademark pursuant to section 201.12 of the the Secretary to the Commission on or Registration No. 4,689,651; U.S. Commission’s rules, shall not be before July 30, 2020. A nonparty who Trademark Registration No. 1,772,761; accepted unless good cause is shown for has testimony that may aid the U.S. Trademark Registration No. accepting such submissions, or unless Commission’s deliberations may request 3,777,170; U.S. Trademark Registration the submission is pursuant to a specific permission to present a short statement No. 3,389,332; U.S. Trademark request by a Commissioner or at the hearing. All parties and Registration No. 3,816,320; U.S. Commission staff. nonparties desiring to appear at the Trademark Registration No. 1,972,079; hearing and make oral presentations In accordance with sections 201.16(c) U.S. Trademark Registration No. should participate in a prehearing and 207.3 of the Commission’s rules, 3,604,207; and U.S. Trademark conference to be held on August 5, each document filed by a party to the Registration No. 3,185,427 (collectively, 2020, at the U.S. International Trade reviews must be served on all other ‘‘Registered Marks’’); unfair methods of Commission Building, if deemed parties to the reviews (as identified by competition and unfair acts in the necessary. Oral testimony and written either the public or BPI service list), and importation and sale of Gray Market IVF materials to be submitted at the public a certificate of service must be timely Products by reason of false designation hearing are governed by sections filed. The Secretary will not accept a of source, and; unfair methods of 201.6(b)(2), 201.13(f), 207.24, and document for filing without a certificate competition and unfair acts in the 207.66 of the Commission’s rules. of service. importation and sale of the Gray Market Parties must submit any request to The Commission has determined that IVF Products by reason of false present a portion of their hearing advertising. The complaint, as testimony in camera no later than 7 these reviews are extraordinarily supplemented and amended, further business days prior to the date of the complicated and therefore has alleges that an industry in the United hearing. determined to exercise its authority to Written Submissions.—Each party to extend the review period by up to 90 States exists and that alleged violations the reviews may submit a prehearing days pursuant to 19 U.S.C.1675(c)(5)(B). threaten to destroy or substantially brief to the Commission. Prehearing injure an industry in the United States, Authority: These reviews are being as required by the applicable Federal briefs must conform with the provisions conducted under authority of title VII of the of section 207.65 of the Commission’s Statutes. The complainant requests that Tariff Act of 1930; this notice is published the Commission institute an rules; the deadline for filing is July 29, pursuant to section 207.62 of the investigation and, after the 2020. Parties may also file written Commission’s rules. testimony in connection with their investigation, issue a general exclusion By order of the Commission. presentation at the hearing, as provided order, or in the alternative a limited Issued: April 10, 2020. in section 207.24 of the Commission’s exclusion order, and cease and desist rules, and posthearing briefs, which William Bishop, orders. must conform with the provisions of Supervisory Hearings and Information ADDRESSES: The complaint, except for section 207.67 of the Commission’s Officer. any confidential information contained rules. The deadline for filing [FR Doc. 2020–07961 Filed 4–15–20; 8:45 am] therein, may be viewed on the posthearing briefs is August 14, 2020. In BILLING CODE 7020–02–P Commission’s electronic docket (EDIS)

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at https://edis.usitc.gov. For help plain language description of the and a final determination containing accessing EDIS, please email accused products or category of accused such findings, and may result in the [email protected]. Hearing impaired products, which defines the scope of the issuance of an exclusion order or a cease individuals are advised that information investigation, is ‘‘prescription in vitro and desist order or both directed against on this matter can be obtained by fertilization drugs, components thereof, the respondent. contacting the Commission’s TDD and products containing the same By order of the Commission. terminal on (202) 205–1810. Persons labeled, in whole or in part, Gonal-f, Issued: April 13, 2020. with mobility impairments who will Ovidrel, or Ovitrelle;’’ Lisa Barton, need special assistance in gaining access (3) For the purpose of the to the Commission should contact the investigation so instituted, the following Secretary to the Commission. Office of the Secretary at (202) 205– are hereby named as parties upon which [FR Doc. 2020–08062 Filed 4–15–20; 8:45 am] 2000. General information concerning this notice of investigation shall be BILLING CODE 7020–02–P the Commission may also be obtained served: by accessing its internet server at (a) The complainant is: https://www.usitc.gov. EMD Serono, Inc., One Technology DEPARTMENT OF JUSTICE FOR FURTHER INFORMATION CONTACT: Place, Rockland, MA 02370 Drug Enforcement Administration Pathenia M. Proctor, The Office of (b) The respondents are the following Unfair Import Investigations, U.S. entities alleged to be in violation of [Docket No. DEA–616] International Trade Commission, section 337, and is/are the parties upon telephone (202) 205–2560 or (202) 205– which the complaint is to be served Bulk Manufacturer of Controlled 1802. FastIVF c/o Domains by Proxy LLC, Substances Application: Bulk SUPPLEMENTARY INFORMATION: Authority: 14455 N Hayden Road, Scottsdale, AZ Manufacturer of Marihuana: Denco, The authority for institution of this 85260 LLC investigation is contained in section 337 Hermes Eczanesi, Eski Bu¨ yu¨ kdere Cad., ACTION: Notice of application. of the Tariff Act of 1930, as amended, Windowist Tower No. 26/2, Maslak- 19 U.S.C. 1337, and in section 210.10 of Sariyer, Istanbul, Turkey SUMMARY: The Drug Enforcement the Commission’s Rules of Practice and General Plastik Drug Stores, Buyuk Administration (DEA) is providing Procedure, 19 CFR 210.10 (2019). Hanli Konut B2, Suadiye, 34740 notice of an application it has received Scope of Investigation: Having Istanbul Suadiye, Turkey from an entity applying to be registered considered the complaint, the U.S. (c) The Office of Unfair Import to manufacture in bulk basic class(es) of International Trade Commission, on Investigations, U.S. International Trade controlled substances listed in schedule April 10, 2020, ordered that— Commission, 500 E Street SW, Suite I. DEA intends to evaluate this and other (1) Pursuant to subsection (b) of 401, Washington, DC 20436; and pending applications according to section 337 of the Tariff Act of 1930, as (4) For the investigation so instituted, proposed regulations that, if finalized, amended, an investigation be instituted the Chief Administrative Law Judge, would govern the program of growing to determine: U.S. International Trade Commission, marihuana for scientific and medical (a) whether there is a violation of shall designate the presiding research under DEA registration. subsection (a)(1)(C) of section 337 in the Administrative Law Judge. DATES: Registered bulk manufacturers of importation into the United States, the Responses to the complaint and the the affected basic class(es), and sale for importation, or the sale within notice of investigation must be applicants therefor, may file written the United States after importation of submitted by the named respondents in comments on or objections to the certain products identified in paragraph accordance with section 210.13 of the issuance of the proposed registration on (2) by reason of infringement of one or Commission’s Rules of Practice and or before June 15, 2020. more of the Registered Marks and Procedure, 19 CFR 210.13. Pursuant to whether an industry in the United 19 CFR 201.16(e) and 210.13(a), as ADDRESSES: Written comments should States exists as required by subsection amended in 85 FR 15798 (March 19, be sent to: Drug Enforcement (a)(2) of section 337; 2020), such responses will be Administration, Attention: DEA Federal (b) whether there is a violation of considered by the Commission if Register Representative/DPW 8701 subsection (a)(1)(A) of section 337 in the received not later than 20 days after the Morrissette Drive, Springfield, Virginia unfair methods of competition and date of service by the complainant of the 22152. To ensure proper handling of unfair acts in the importation and sale complaint and the notice of comments, please reference Docket No. of the Gray Market IVF Products investigation. Extensions of time for DEA–616 in all correspondence, through the false designation as to submitting responses to the complaint including attachments. source, the threat or effect of which is and the notice of investigation will not SUPPLEMENTARY INFORMATION: The to destroy or substantially injure an be granted unless good cause therefor is Controlled Substances Act (CSA) industry in the United States; and shown. prohibits the cultivation and (c) whether there is a violation of Failure of a respondent to file a timely distribution of marihuana except by subsection (a)(1)(A) of section 337 in the response to each allegation in the persons who are registered under the unfair methods of competition and complaint and in this notice may be CSA to do so for lawful purposes. In unfair acts in the importation and sale deemed to constitute a waiver of the accordance with the purposes specified of the Gray Market IVF Products right to appear and contest the in 21 CFR 1301.33(a), DEA is providing through false advertising, the threat or allegations of the complaint and this notice that the entity identified below effect of which is to destroy or notice, and to authorize the has applied for registration as a bulk substantially injure an industry in the administrative law judge and the manufacturer of schedule I controlled United States; Commission, without further notice to substances. In response, registered bulk (2) Pursuant to section 210.10(b)(1) of the respondent, to find the facts to be as manufacturers of the affected basic the Commission’s Rules of Practice and alleged in the complaint and this notice class(es), and applicants therefor, may Procedure, 19 CFR 210.10(b)(1), the and to enter an initial determination file written comments on or objections

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of the requested registration, as DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE provided in this notice. This notice does [OMB Number 1121–0094] not constitute any evaluation or Drug Enforcement Administration determination of the merits of the Agency Information Collection application submitted. [Docket No. DEA–629] Activities; Proposed eCollection The applicant plans to manufacture eComments Requested; bulk active pharmaceutical ingredients Importer of Controlled Substances Reinstatement, With Change, of a (APIs) for product development and Application: Mylan Pharmaceuticals Previously Approved Collection for distribution to DEA registered Inc. Which Approval Has Expired: 2019 researchers. If the application for Census of Jails registration is granted, the registrant ACTION: Notice of application. would not be authorized to conduct AGENCY: Bureau of Justice Statistics, other activity under this registration Department of Justice. DATES: Registered bulk manufacturer of aside from those coincident activities ACTION: 30-Day notice. specifically authorized by DEA the affected basic class(es), and regulations. DEA will evaluate the applicants therefore, may file written SUMMARY: The Department of Justice application for registration as a bulk comments on or objections to the (DOJ), Office of Justice Programs, manufacturer for compliance with all issuance of the proposed registration on Bureau of Justice Statistics, will be applicable laws, treaties, and or before May 18, 2020. Such persons submitting the following information regulations and to ensure adequate may also file a written request for a collection request to the Office of safeguards against diversion are in hearing on the application on or before Management and Budget (OMB) for place. May 18, 2020. review and approval in accordance with As this applicant has applied to ADDRESSES: Written comments should the Paperwork Reduction Act of 1995. become registered as a bulk be sent to: Drug Enforcement DATES: Comments are encouraged and manufacturer of marihuana, the Administration, Attention: DEA Federal will be accepted for 30 days until May application will be evaluated under the Register Representative/DPW, 8701 18, 2020. criteria of 21 U.S.C. 823(a). DEA Morrissette Drive, Springfield, Virginia FOR FURTHER INFORMATION CONTACT: proposes to conduct this evaluation in 22152. All requests for a hearing must Written comments and the manner described in the rule be sent to: Drug Enforcement proposed at 85 FR 16292, published on recommendations for the proposed Administration, Attn: Administrator, information collection should be sent March 23, 2020, if finalized. 8701 Morrissette Drive, Springfield, In accordance with 21 CFR within 30 days of publication of this Virginia 22152. All requests for a 1301.33(a), DEA is providing notice that notice to www.reginfo.gov/public/do/ hearing should also be sent to: (1) Drug on March 2, 2020, Denco, LLC, 5155 PRAMain. Find this particular Enforcement Administration, Attn: East 46th Avenue, Denver, Colorado information collection by selecting Hearing Clerk/OALJ, 8701 Morrissette 80216, applied to be registered as a bulk ‘‘Currently under 30-day Review—Open Drive, Springfield, Virginia 22152; and manufacturer of the following basic for Public Comments’’ or by using the (2) Drug Enforcement Administration, class(es) of controlled substances: search function. Attn: DEA Federal Register SUPPLEMENTARY INFORMATION: Written Representative/DPW, 8701 Morrissette Controlled Drug Schedule comments and suggestions from the substance code Drive, Springfield, Virginia 22152. public and affected agencies concerning the proposed collection of information Marihuana ...... 7360 I SUPPLEMENTARY INFORMATION: In Tetrahydrocannabino- 7370 I accordance with 21 CFR 1301.34(a), this are encouraged. Your comments should ls. is notice that on March 31, 2020, Mylan address one or more of the following Pharmaceuticals Inc., 2898 four points: The applicant’s notice above applied Manufacturers Road, Greensboro, North —Evaluate whether the proposed to become registered with DEA to grow Carolina 27406, applied to be registered collection of information is necessary marihuana as a bulk manufacturer as an importer of the following basic for the proper performance of the subsequent to a 2016 DEA policy class(es) of controlled substances: functions of the Bureau of Justice statement that provided information on Statistics, including whether the information will have practical utility; how it intended to expand the number Controlled Substance Drug Schedule of registrations, and described in general code —Evaluate the accuracy of the terms the way it would oversee those agency’s estimate of the burden of the Remifentanil ...... 9739 II additional growers. In order to complete proposed collection of information, the evaluation and registration process including the validity of the for applicants to grow marihuana, DEA The company plans to import the methodology and assumptions used; has proposed regulations that, if above-controlled substance as the FDA- —Evaluate whether and if so how the finalized, would supersede the 2016 approved drug product in finished quality, utility, and clarity of the policy statement and govern persons dosage form for commercial distribution information to be collected can be seeking to become registered with DEA to its customers. Approval of permit enhanced; and to grow marihuana as a bulk applications will occur only when the —Minimize the burden of the manufacturer, consistent with registrant’s business activity is collection of information on those who applicable law. The proposed consistent with what is authorized are to respond, including through the regulations are available at 85 FR 16292. under 21 U.S.C. 952(a)(2). use of appropriate automated, electronic, mechanical, or other William T. McDermott, William T. McDermott, technological collection techniques or Assistant Administrator. Assistant Administrator. other forms of information technology, [FR Doc. 2020–07999 Filed 4–15–20; 8:45 am] [FR Doc. 2020–08001 Filed 4–15–20; 8:45 am] e.g., permitting electronic submission of BILLING CODE 4410–09–P BILLING CODE 4410–09–P responses.

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Overview of This Information epidemic with the following six If additional information is required, Collection questions: contact: Melody Braswell, Department (a) One-day inmate counts every 1. Type of Information Collection: Clearance Officer, United States month from January to May 2020 (or Reinstatement, with change, of a Department of Justice, Justice July to December 2020); previously approved collection for Management Division, Policy and (b) The number of inmates that Planning Staff, Two Constitution which approval has expired. received expedited release due to 2. Title of the Form/Collection: Square, 145 N Street NE, 3E.405A, COVID–19 from January 1, 2020, to June Washington, DC 20530. Annual Survey of Jails (ASJ). 30, 2020 (or from July 1, 2020, to 3. Agency form number, if any, and December 31 2020); Dated: April 13, 2020. the applicable component of the (c) The number of inmates tested for Melody Braswell, Department of Justice sponsoring the COVID–19 and the number that tested Department Clearance Officer for PRA, U.S. collection: The ASJ contains one form, positive from January 1, 2020, to June Department of Justice. CJ–5, each year. The applicable 30, 2020 (or from July 1, 2020, to [FR Doc. 2020–08042 Filed 4–15–20; 8:45 a.m.] component within the Department of December 31 2020); BILLING CODE 4410–18–P Justice is the Bureau of Justice Statistics (d) The number of staff tested for (BJS), in the Office of Justice Programs. COVID–19 and the number that tested 4. Affected public who will be asked positive from January 1, 2020, to June DEPARTMENT OF LABOR or required to respond, as well as a brief 30, 2020 (or from July 1, 2020, to abstract: Approximately 950 jails, December 31 2020); Office of the Secretary representing 2,924 local jails (city, (e) Inmate deaths and staff deaths county, regional, and private) will be from COVID–19 from January 1, 2020, to Agency Information Collection requested to provide information for the June 30, 2020 (or from July 1, 2020, to Activities; Submission for OMB following categories: December 31 2020); Review; Comment Request; Asbestos (a) At midyear (last weekday in the (f) The number of inmates not in Shipyards Standard month of June), the total number of admitted to jail due to testing positive inmates confined in jail facilities and for COVID–19 during the intake process ACTION: Notice of availability; request the total number of persons under jail from January 1, 2020, to June 30, 2020 for comments. supervision, but not confined; (or from July 1, 2020, to December 31 SUMMARY: The Department of Labor (b) At midyear, inmate counts by sex, 2020). (DOL) is submitting this Occupational juvenile status, age group, race/Hispanic The ASJ is the only national Safety and Health Administration origin, probation and parole status, collection that tracks annual changes in (OSHA)-sponsored information conviction status, severity of charge the local jail population in the United collection request (ICR) to the Office of (felony or misdemeanor), and U.S. States. BJS requests clearance for the Management and Budget (OMB) for citizenship status; 2020–22 ASJ under OMB Control review and approval in accordance with (c) At midyear, the numbers of Number 1121–0094. The ASJ was last the Paperwork Reduction Act of 1995 inmates held for federal authorities, approved under OMB Control Number (PRA). Public comments on the ICR are state prison authorities, American 1121–0094 (exp. date 01/31/2019), invited. Indian or Alaska Native tribal where it was bundled with the Mortality governments, and other local jails; in Correctional Institutions-Jails (MCI, DATES: The OMB will consider all (d) On the weekend prior to midyear, formerly the Deaths in Custody written comments that agency receives whether the jail had a weekend program Reporting Program) and Survey of Jails on or before May 18, 2020. that allows offenders to serve their in Indian Country. In 2017, the ASJ was ADDRESSES: Written comments and sentences of confinement only on separated from the MCI-Jails and recommendations for the proposed weekends, and the number of program became a stand-alone collection again. information collection should be sent participants; 5. An estimate of the total number of within 30 days of publication of this (e) Rated capacity at midyear; respondents and the amount of time notice to www.reginfo.gov/public/do/ (f) The date and count for the greatest estimated for an average respondent to PRAMain. Find this particular number of confined inmates during the respond: During data collection in 2020 information collection by selecting 30-day period in June; and 2021, 950 respondents will each ‘‘Currently under 30-day Review—Open (g) The average daily population by take an average of 120 minutes to for Public Comments’’ or by using the sex during the 12-month period from complete the CJ–5 form. Data quality search function. July 1 of last year to June 30 of current follow-up is needed for an estimated Comments are invited on: (1) Whether year; 70% of the respondents (665) and the the collection of information is (h) The number of new admissions validation will run an average of 10 necessary for the proper performance of into jail, and final discharges from jail, minutes for each respondent. In the functions of the Department, by sex during the 12-month period from addition, about 60 jails will be including whether the information will July 1 of last year to June 30 of current contacted to verify facility operational have practical utility; (2) if the year; status and point-of-contact information, information will be processed and used (i) The number of persons under jail which takes 5 minutes each on average. in a timely manner; (3) the accuracy of supervision under various programs In total, the ASJ will incur a total the agency’s estimates of the burden and outside jail; burden estimate of 2,016 hours, or 127 cost of the collection of information, (j) At midyear, the number of staff minutes per respondent, each year in including the validity of the members employed by the facility by 2020 and 2021. Without the COVID–19 methodology and assumptions used; (4) sex and occupation (i.e., correctional questions, the 2022 ASJ form will take ways to enhance the quality, utility and officers or other staff). an average of 80 minutes to complete. In clarity of the information collection; and In addition to the above items, the total, the 2020 ASJ will incur a burden (5) ways to minimize the burden of the 2020 and 2021 ASJ will include a estimate of 1,383 hours, or 87 minutes collection of information on those who special addendum on the COVID–19 per respondent. are to respond, including the use of

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automated collection techniques or DEPARTMENT OF LABOR to establish and maintain accurate other forms of information technology. records of worker exposure to beryllium Office of the Secretary FOR FURTHER INFORMATION CONTACT: and beryllium compounds. These records are used by employers, workers, Frederick Licari by telephone at 202– Agency Information Collection 693–8073, TTY 202–693–8064, (these physicians, and the Government to Activities; Submission for OMB ensure that workers are not harmed by are not toll-free numbers) or by email at Review; Comment Request; Beryllium [email protected]. exposure to beryllium. For additional Standard for General Industry, substantive information about this ICR, SUPPLEMENTARY INFORMATION: The Construction and Maritime see the related notice published in the Standard requires employers to train Federal Register on February 3, 2020 workers about the hazards of asbestos, ACTION: Notice of availability; request for comments. (85 FR 5996). to monitor worker exposure, to provide This information collection is subject medical surveillance, and maintain SUMMARY: The Department of Labor to the PRA. A Federal agency generally accurate records of worker exposure to (DOL) is submitting this Occupational cannot conduct or sponsor a collection asbestos. These records will be used by Safety and Health Administration of information, and the public is employers, workers, and the (OSHA)-sponsored information generally not required to respond to an Government to ensure that workers are collection request (ICR) to the Office of information collection, unless the OMB not harmed by exposure to asbestos in Management and Budget (OMB) for approves it and displays a currently the workplace. For additional review and approval in accordance with valid OMB Control Number. In addition, substantive information about this ICR, the Paperwork Reduction Act of 1995 notwithstanding any other provisions of see the related notice published in the (PRA). Public comments on the ICR are law, no person shall generally be subject Federal Register on November 29, 2019 invited. to penalty for failing to comply with a (84 FR 65849). DATES: The OMB will consider all collection of information that does not This information collection is subject written comments that agency receives display a valid OMB Control Number. to the PRA. A Federal agency generally on or before May 18, 2020. See 5 CFR 1320.5(a) and 1320.6. cannot conduct or sponsor a collection ADDRESSES: Written comments and DOL seeks PRA authorization for this of information, and the public is recommendations for the proposed information collection for three (3) generally not required to respond to an information collection should be sent years. OMB authorization for an ICR information collection, unless the OMB within 30 days of publication of this cannot be for more than three (3) years approves it and displays a currently notice to www.reginfo.gov/public/do/ without renewal. The DOL notes that valid OMB Control Number. In addition, PRAMain. Find this particular information collection requirements notwithstanding any other provisions of information collection by selecting submitted to the OMB for existing ICRs law, no person shall generally be subject ‘‘Currently under 30-day Review—Open receive a month-to-month extension to penalty for failing to comply with a for Public Comments’’ or by using the while they undergo review. collection of information that does not search function. Agency: DOL–OSHA. display a valid OMB Control Number. Comments are invited on: (1) Whether Title of Collection: Beryllium See 5 CFR 1320.5(a) and 1320.6. the collection of information is Standard for General Industry, DOL seeks PRA authorization for this necessary for the proper performance of Construction and Maritime. information collection for three (3) the functions of the Department, OMB Control Number: 1218–0267. years. OMB authorization for an ICR including whether the information will Affected Public: Private Sector: cannot be for more than three (3) years have practical utility; (2) if the Business or other for-profits. without renewal. The DOL notes that information will be processed and used Total Estimated Number of information collection requirements in a timely manner; (3) the accuracy of Respondents: 5,872. submitted to the OMB for existing ICRs the agency’s estimates of the burden and Total Estimated Number of receive a month-to-month extension cost of the collection of information, Responses: 246,656. while they undergo review. including the validity of the Total Estimated Annual Time Burden: Agency: DOL–OSHA. methodology and assumptions used; (4) 194,261 hours. Total Estimated Annual Other Costs Title of Collection: Asbestos in ways to enhance the quality, utility and Burden: $46,158,266. Shipyards Standard. clarity of the information collection; and (5) ways to minimize the burden of the OMB Control Number: 1218–0195. Authority: 44 U.S.C. 3507(a)(1)(D). collection of information on those who Dated: April 12, 2020. Affected Public: Private Sector: are to respond, including the use of Business or other for-profits. automated collection techniques or Frederick Licari, Total Estimated Number of other forms of information technology. Departmental Clearance Officer. Respondents: 585. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–08038 Filed 4–15–20; 8:45 am] Total Estimated Number of Frederick Licari by telephone at 202– BILLING CODE 4510–26–P Responses: 3,583. 693–8073, TTY 202–693–8064, (these Total Estimated Annual Time Burden: are not toll-free numbers) or by email at 1,237 hours. [email protected]. NATIONAL SCIENCE FOUNDATION Total Estimated Annual Other Costs SUPPLEMENTARY INFORMATION: The Agency Information Collection Burden: $ 44,578. standard requires employers to monitor Activities: Comment Request; Authority: 44 U.S.C. 3507(a)(1)(D). employee exposure to beryllium and beryllium compounds, to establish and AGENCY: National Science Foundation. Dated: April 12, 2020. implement a written control plan, to ACTION: Notice. Frederick Licari, conduct medical surveillance, to Departmental Clearance Officer. provide personal protective equipment, SUMMARY: The National Center for [FR Doc. 2020–08039 Filed 4–15–20; 8:45 am] to train workers about the hazards faced Science and Engineering Statistics BILLING CODE 4510–26–P working in and around beryllium, and (NCSES) within the National Science

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Foundation (NSF) is announcing plans engineering, and mathematics (STEM) information needs for both federal to request approval for a new collection knowledge and skills in their jobs, but agencies. referred to as the National Training, who do not have a bachelor’s degree The initial NTEWS data collection Education, and Workforce Survey comprise the skilled technical effort will serve as the first cycle for a (NTEWS). The NTEWS will be a new, workforce (STW). While data exists to planned biennial, rotating panel design. voluntary data collection sponsored by quantify the number of skilled technical Respondents will have the option to NCSES and cosponsored by the National workers, limited information exists to complete the survey by web, paper, or Center for Education Statistics (NCES) examine how individuals enter, computer-assisted telephone within the U.S. Department of maintain relevance, or seek interviewing (CATI). NCSES plans to Education. The NTEWS serves to advancement in STW occupations. As a incorporate methodological experiments measure and understand two research result, the currently available survey in the initial administration to examine concepts that are of national interest: (1) data are of limited utility for response mode and incentive options. The education, training, and career policymakers and STW stakeholders Results from those experiments will be pathways of skilled technical workers, (employers, workforce advocates, and used to determine a data collection and (2) the prevalence and interplay of educational trainers) who are seeking methodology that maximizes data education (postsecondary degrees and more detailed information to inform quality, minimizes respondent burden, certificates), work credentials discussions about STW policies, and reduces data collection cost in (certifications and licenses), and work processes, and education and training future cycles. experience programs among American programs. In response, NCSES has NCSES will analyze the initial workers. NCSES intends to release begun a multidimensional initiative to NTEWS data to inform and resolve any national estimates from the NTEWS measure and understand the skilled statistical, methodological, operational, collection. Under the requirements of technical workforce. This effort includes and content issues before the the Paperwork Reduction Act of 1995, outreach with STW stakeholders to subsequent NTEWS collection cycle in NCSES is providing an opportunity for determine information needs and the planned biennial survey cycle public comment on this action. After current data gaps, the identification and design. The U.S. Census Bureau will serve as obtaining and considering public assessment of viable administrative data the Federal data collection contractor on comment, NCSES will prepare the sources to inform STW-related research behalf of NCSES and NCES. The submission requesting that OMB and policy discussions, and the plans NTEWS data will be protected under the approve clearance of this collection for for a new federal survey targeting the applicable Census Bureau three years. STW—the National Training, Education, confidentiality statutes. DATES: Written comments on this notice and Workforce Survey (NTEWS). Use of the information: NCSES and must be received by June 15, 2020 to be The NTEWS will be a new, voluntary NCES intend to publish national assured consideration. Comments data collection sponsored by the estimates from the initial NTEWS, as received after that date will be National Center for Science and well as use the results to inform the next considered to the extent practicable. Engineering Statistics (NCSES) within survey cycle. It is anticipated that the Send comments to the address below. the National Science Foundation and NTEWS data will be used for the two FOR FURTHER INFORMATION CONTACT: cosponsored by the National Center for congressionally mandated biennial Suzanne H. Plimpton, Reports Clearance Education Statistics (NCES) within the reports authored by NCSES: Women, Officer, National Science Foundation, U.S. Department of Education. The Minorities, and Persons with Disabilities 2415 Eisenhower Avenue, Suite NTEWS serves to measure and in Science and Engineering and Science W18200, Alexandria, Virginia 22314; understand two research concepts that and Engineering Indicators. NCES plans telephone (703) 292–7556; or send email are of national interest: (1) The to release a special-topic statistical to [email protected]. Individuals who education, training, and career report on the status of educational and use a telecommunications device for the pathways of skilled technical workers, professional credentials in the United deaf (TDD) may call the Federal and (2) the prevalence and interplay of States. In addition, a public release file Information Relay Service (FIRS) at 1– education (postsecondary degrees and of collected data, designed to protect 800–877–8339, which is accessible 24 certificates), work credentials respondent confidentiality, will be hours a day, 7 days a week, 365 days a (certifications and licenses), and work made available to policymakers, year (including Federal holidays). experience programs among American researchers, and the public on the workers. SUPPLEMENTARY INFORMATION: internet. The content of the initial NTEWS Title of Collection: The National Established within NSF by the expands on a former federal survey, the Training, Education, and Workforce America COMPETES Reauthorization 2016 Adult Training and Education Survey. Act of 2010 § 505, codified in the NSF OMB Control Number: 3145–NEW. Survey (ATES), which was sponsored Act of 1950, as amended, NCSES serves Expiration Date: Not Applicable. by NCES. The initial NTEWS will as a central Federal clearinghouse for Type of Request: Intent to seek collect information on the following the collection, interpretation, analysis, approval for a new information topics to examine the relationship and dissemination of objective data on collection. between credentials and employment science, engineering, technology, and Abstract: The pervasiveness of outcomes: research and development for use by science and technology in society, • Credential types practitioners, researchers, policymakers, including its central role in the • Education characteristics and the public. NCSES also provides economy, has changed the nature of • Initial work training data to support the Science and work for individuals at all education • Employment characteristics Engineering Equal Opportunities Act of levels, making skilled technical workers • Demographic characteristics 1980, which directs NSF to provide to increasingly important to U.S. economic Given these areas of mutual interest Congress and the Executive Branch an competitiveness, national security, and for NCSES and NCES, the NTEWS will ‘‘accounting and comparison, by sex, scientific progress. American workers reduce public burden by fielding one race, and ethnic group and by who use science, technology, cosponsored survey that meets the discipline, of the participation of

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women and men in scientific and Dated: April 13, 2020. NUCLEAR REGULATORY engineering positions.’’ Suzanne H. Plimpton, COMMISSION NCSES has historically met these Reports Clearance Officer, National Science legislative mandates through its suite of Foundation. Advisory Committee on the Medical Uses of Isotopes: Meeting Notice surveys and biennial publications that [FR Doc. 2020–08067 Filed 4–15–20; 8:45 am] measure the education, employment, BILLING CODE 7555–01–P AGENCY: and demographic characteristics of the U.S. Nuclear Regulatory nation’s college-educated scientists and Commission. engineers. However, an emerging ACTION: Notice of Meeting. NATIONAL SCIENCE FOUNDATION research and policy interest in the STW SUMMARY: The U.S. Nuclear Regulatory creates a need for new data to expand Sunshine Act Meeting; National Commission (NRC) will convene a and supplement NCSES’s efforts on the Science Board teleconference meeting of the Advisory college-educated science and Committee on the Medical Uses of engineering workforce. The National Science Board’s Isotopes (ACMUI) on April 30, 2020, to Expected Respondents: All previous Committee on National Science and discuss the draft recommendations of respondents to the 2018 American the ACMUI COVID–19 Subcommittee. Community Survey, collected by the Engineering Policy (SEP), pursuant to The ACMUI subcommittee’s U.S. Census Bureau, are eligible to be NSF regulations (45 CFR part 614), the selected to participate in the initial National Science Foundation Act, as recommendations will include its NTEWS. Approximately 40,000 adults, amended (42 U.S.C. 1862n–5), and the review of the impact of COVID–19 on ages 16–75 and not enrolled in high Government in the Sunshine Act (5 the medical use community and school, will be selected for the NTEWS U.S.C. 552b), hereby gives notice of the potential regulatory relief measures as it sample. The NTEWS sample design will scheduling of a teleconference for the relates to the medical uses of radioactive meet the needs of both NCSES and transaction of National Science Board material. Meeting information, NCES by providing coverage of the business, as follows: including a copy of the agenda and workforce-eligible adult population and handouts, will be available at https:// TIME AND DATE: Wednesday, April 22, including an oversample of adults who www.nrc.gov/reading-rm/doc- 2020 at 4:00–5:00 p.m. EDT. are in skilled technical occupations. collections/acmui/meetings/2020.html. Estimate of Burden: The expected PLACE: This meeting will be held by The agenda and handouts may also be response rate is 62.5 percent, or 25,000 teleconference at the National Science obtained by contacting Ms. Kellee completed cases. The amount of time to Foundation, 2415 Eisenhower Avenue, Jamerson using the information below. complete the survey may vary Alexandria, VA 22314. An audio link DATES: The teleconference meeting will depending on an individual’s will be available for the public. Contact be held on Thursday, April 30, 2020, circumstances and the mode of the the Board Office 24 hours before the 2:00 p.m. to 4:00 p.m. Eastern Time. collection (web, paper, or telephone). teleconference to request the public Public Participation: Any member of the public who wishes to participate in NCSES estimates an average completion audio link at nationalsciencebrd@ the teleconference should contact Ms. time of 15 minutes. NCSES estimates nsf.gov. that the average annual burden for the Jamerson using the contact information initial NTEWS over the course of the STATUS: Open. below. three-year OMB clearance period will be FOR FURTHER INFORMATION CONTACT: MATTERS TO BE CONSIDERED: Chair’s no more than 2,084 hours [(25,000 opening remarks; discussion of Kellee Jamerson, (301) 415–7408; email: completed cases × 15 minutes)/3 years]. [email protected]. outcomes from the committee retreat Comments: Comments are invited on SUPPLEMENTARY INFORMATION: (a) aspects of the data collection effort and items to be brought forth for (including, but not limited to, the discussion at the May NSB meeting. Conduct of the Meeting following: The availability of CONTACT PERSON FOR MORE INFORMATION: Dr. Robert Schleipman, ACMUI Vice administrative and supplemental Point of contact for this meeting is: Reba Chairman, will preside over the sources of data on the skilled technical Bandyopadhyay ([email protected]), meeting. Dr. Schleipman will conduct workforce, survey content, contact 703/292–7000. Members of the public the meeting in a manner that will strategy, and statistical methods); (b) must contact the Board Office to request facilitate the orderly conduct of whether the proposed collection of the public audio link by sending an business. The following procedures information is necessary for the proper email to [email protected] at apply to public participation in the performance of the functions of NCSES, least 24 hours prior to the meeting: including whether the information shall teleconference. 1. Persons who wish to provide a have practical utility; (c) the accuracy of written statement should submit an the NCSES’s estimate of the burden of Meeting information and updates electronic copy to the proposed collection of information; (time, place, subject matter or status of Ms. Jamerson at the contact information (d) ways to enhance the quality, use, meeting) may be found at http:// listed above. All written statements and clarity of the information on www.nsf.gov/nsb/meetings/ must be received by April 27, 2020, respondents, including through the use notices.jsp#sunshine. Please refer to the three business days prior to the meeting, of automated collection techniques or National Science Board website and must pertain to the topic on the other forms of information technology; www.nsf.gov/nsb for additional agenda for the meeting. and (e) ways to minimize the burden of information. 2. Questions and comments from the collection of information on those members of the public will be permitted who are to respond, including through Chris Blair, during the meeting at the discretion of the use of appropriate automated, Executive Assistant to the National Science the ACMUI Vice Chairman. electronic, mechanical, or other Board Office. 3. The draft transcript and meeting technological collection techniques or [FR Doc. 2020–08179 Filed 4–14–20; 4:15 pm] summary will be available on ACMUI’s other forms of information technology. BILLING CODE 7555–01–P website https://www.nrc.gov/reading-

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rm/doc-collections/acmui/meetings/ for Docket ID NRC–2020–0089. Address The NRC will post all comment 2020.html on or about June 15, 2020. questions about NRC docket IDs in submissions at https:// This meeting will be held in Regulations.gov to Jennifer Borges; www.regulations.gov as well as enter the accordance with the Atomic Energy Act telephone: 301–287–9127; email: comment submissions into ADAMS. of 1954, as amended (primarily Section [email protected]. For technical The NRC does not routinely edit 161a); the Federal Advisory Committee questions, contact the individual listed comment submissions to remove Act (5 U.S.C. App); and the in the FOR FURTHER INFORMATION identifying or contact information. Commission’s regulations in 10 CFR CONTACT section of this document. If you are requesting or aggregating part 7. • Mail comments to: Office of comments from other persons for This meeting is being noticed in the Administration, Mail Stop: TWFN–7– submission to the NRC, then you should Federal Register less than 15 calendar A60M, U.S. Nuclear Regulatory inform those persons not to include days due to the immediate need to Commission, Washington, DC 20555– identifying or contact information that receive recommendations from the 0001, ATTN: Program Management, they do not want to be publicly ACMUI to develop and provide Announcements and Editing Staff. disclosed in their comment submission. guidance to medical use licensees For additional direction on obtaining Your request should state that the NRC during the COVID–19 pandemic. information and submitting comments, does not routinely edit comment Dated: April 10, 2020. see ‘‘Obtaining Information and submissions to remove such information before making the comment Russell E. Chazell, Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of submissions available to the public or Advisory Committee Management Officer. this document. entering the comment into ADAMS. [FR Doc. 2020–07970 Filed 4–15–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: Joel II. Introduction BILLING CODE 7590–01–P S. Wiebe, Office of Nuclear Reactor The NRC is considering issuance of an Regulation, U.S. Nuclear Regulatory amendment to Renewed Facility Commission, Washington DC 20555– NUCLEAR REGULATORY Operating License No. NPF–77, issued 0001; telephone: 301–415–6606, email: COMMISSION to Exelon Generation Company, LLC, for [email protected]. [Docket No. 50–457; NRC–2020–0089] operation of the Braidwood Station, SUPPLEMENTARY INFORMATION: Unit No. 2, located in Will County, Exelon Generation Company, LLC; I. Obtaining Information and Illinois. Braidwood Station, Unit No. 2 Submitting Comments The proposed amendment would provide a one-time extension of steam AGENCY: Nuclear Regulatory A. Obtaining Information generator tube inspections to allow the Commission. Please refer to Docket ID NRC–2020– inspections to be conducted after three ACTION: License amendment application; 0089 when contacting the NRC about operating cycles instead of after the opportunity to comment, request a the availability of information for this current required two operating cycles. hearing, and petition for leave to action. You may obtain publicly- The licensee states that the Centers for intervene. available information related to this Disease Control and Prevention has action by any of the following methods: issued recommendations advising SUMMARY: The U.S. Nuclear Regulatory • Federal Rulemaking website: Go to isolation activities (e.g., social Commission (NRC) is considering https://www.regulations.gov and search distancing, group size limitations, self- issuance of an amendment to Renewed for Docket ID NRC–2020–0089. quarantining, etc.) to prevent the spread Facility Operating License No. NPF–77, • NRC’s Agencywide Documents of the COVID–19 Virus. The nature of issued to Exelon Generation Company, Access and Management System the steam generator inspections LLC, for operation of the Braidwood (ADAMS): You may obtain publicly- conflicts with the recommendations in Station, Unit No. 2. The proposed available documents online in the that they require workers to be in close amendment would provide a one-time ADAMS Public Documents collection at proximity to each other in a hot and extension of steam generator tube https://www.nrc.gov/reading-rm/ radiological environment that increases inspections to allow the inspections to adams.html. To begin the search, select the likelihood of individuals contracting be conducted after three operating ‘‘Begin Web-based ADAMS Search.’’ For COVID–19 and potentially inducing a cycles instead of after the current problems with ADAMS, please contact rapid spread. Additionally, these required two operating cycles. The the NRC’s Public Document Room (PDR) inspections require a specialty vendor amendment is necessary to avoid reference staff at 1–800–397–4209, 301– that maintains unique and complex conflicts with the Centers for Disease 415–4737, or by email to pdr.resource@ qualifications. Losing resources due to a Control and Prevention nrc.gov. The proposed license virus spread would cause a situation recommendations regarding social amendment request, dated April 6, where the proper technical knowledge distancing to prevent the spread of the 2020, seeking a one-time extension of would not be available to satisfactorily COVID–19 virus. The amendment also steam generator tube inspections to complete this work (minimal 14-day avoids a possible scenario in which allow the inspections to be conducted isolation and likely to be more than one expertise required to conduct the after three operating cycles, is available individual based on having to work in inspections is lost because of COVID–19 in ADAMS under Accession No. close proximity for the work). infections. ML20097J188. Based on an initial review, the NRC DATES: Submit comments by April 30, staff finds that exigent circumstances 2020. Requests for a hearing or petition B. Submitting Comments exist under 10 CFR 50.91(a)(6). The for leave to intervene must be filed by Please include Docket ID NRC–2020– licensee and Commission need to act June 15, 2020. 0089 in your comment submission. quickly and time does not permit a 30- ADDRESSES: You may submit comments The NRC cautions you not to include day prior comment period because the by any of the following methods: identifying or contact information that plant would be prevented from • Federal Rulemaking website: Go to you do not want to be publicly resuming operations following the https://www.regulations.gov and search disclosed in your comment submission. refueling outage occurring after the

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current operating cycle that ends in The proposed one-time change will defer Commission takes this action, it will April 2020. Also, the licensee could not the Steam Generator (SG) inspection to be publish in the Federal Register a notice have anticipated the social distancing performed after three operating cycles. The of issuance. The Commission expects recommendations associated with the proposed change does not alter the design that the need to take this action will function or operation of the SGs or the ability public health emergency caused by the of an SG to perform the design function. The occur very infrequently. COVID–19 virus and made a timely SG tubes continue to be required to meet the III. Opportunity To Request a Hearing application for the proposed SG Program performance criteria. An analysis and Petition for Leave to Intervene amendment. Therefore, the NRC staff is has been performed which evaluates all providing a 14-day notice period for credible failure modes. This analysis resulted Within 60 days after the date of public comment pursuant to 10 CFR in no new or different kind of accident then publication of this notice, any persons 50.91(a)(6)(i)(A). has been previously evaluated. The proposed (petitioner) whose interest may be Before any issuance of the proposed change does not create the possibility of a affected by this action may file a request new or different kind of accident due to license amendment, the NRC will need for a hearing and petition for leave to credible new failure mechanisms, intervene (petition) with respect to the to make the findings required by the malfunctions, or accident initiators that Atomic Energy Act of 1954, as amended action. Petitions shall be filed in [were] not considered in the design and accordance with the Commission’s (the Act), and NRC’s regulations. licensing bases. Pursuant to 50.91(a)(6) of title 10 of Therefore, the proposed change does not ‘‘Agency Rules of Practice and the Code of Federal Regulations (10 create the possibility of a new or different Procedure’’ in 10 CFR part 2. Interested persons should consult a current copy CFR) for amendments to be granted kind of accident from any accident of 10 CFR 2.309. The NRC’s regulations under exigent circumstances, the NRC previously evaluated. 3. Does the proposed change involve a are accessible electronically from the has made a proposed determination that significant reduction in a margin of safety? NRC Library on the NRC’s website at the license amendment request involves Response: No. https://www.nrc.gov/reading-rm/doc- no significant hazards consideration. The proposed one-time change will defer collections/cfr/. If a petition is filed, the Under the NRC’s regulations in 10 CFR the Steam Generator (SG) inspection to be Commission or a presiding officer will 50.92, this means that operation of the performed after three operating cycles. The rule on the petition and, if appropriate, facility in accordance with the proposed proposed change does not change any of the controlling values of parameters used to a notice of a hearing will be issued. amendment would not (1) involve a As required by 10 CFR 2.309(d) the significant increase in the probability or avoid exceeding regulatory or licensing limits. The proposed change does not affect petition should specifically explain the consequences of an accident previously reasons why intervention should be evaluated; or (2) create the possibility of a design basis or safety limit, or any controlling value for a parameter established permitted with particular reference to a new or different kind of accident from in the UFSAR [Updated Final Safety Analysis the following general requirements for any accident previously evaluated; or Report] or the license. standing: (1) The name, address, and (3) involve a significant reduction in a Therefore, the proposed change does not telephone number of the petitioner; (2) margin of safety. As required by 10 CFR involve a significant reduction in a margin of the nature of the petitioner’s right to be 50.91(a), the licensee has provided its safety. made a party to the proceeding; (3) the analysis of the issue of no significant The NRC staff has reviewed the nature and extent of the petitioner’s hazards consideration, which is licensee’s analysis and, based on this property, financial, or other interest in presented below: review, it appears that the three the proceeding; and (4) the possible 1. Does the proposed change involve a standards of 10 CFR 50.92(c) are effect of any decision or order which significant increase in the probability or satisfied. Therefore, the NRC staff may be entered in the proceeding on the consequences of an accident previously proposes to determine that the license petitioner’s interest. evaluated? amendment request involves a no In accordance with 10 CFR 2.309(f), Response: No. significant hazards consideration. the petition must also set forth the The proposed one-time change will defer The NRC is seeking public comments specific contentions which the the Steam Generator (SG) inspection to be petitioner seeks to have litigated in the performed after three operating cycles. This on this proposed determination that the change does not physically change the SGs, license amendment request involves no proceeding. Each contention must the plant or the way the SGs or plant are significant hazards consideration. Any consist of a specific statement of the operated. This change does not change the comments received within 14 days after issue of law or fact to be raised or design of the SG. Inspection frequencies and the date of publication of this notice controverted. In addition, the petitioner inspection activities are not an initiator to a will be considered in making any final must provide a brief explanation of the Steam Generator tube rupture accident, or determination. bases for the contention and a concise any other accident previously evaluated. As Normally, the Commission will not statement of the alleged facts or expert a result, the probability of an accident issue the amendment until the opinion which support the contention previously evaluated is not significantly expiration of the 14-day notice period. and on which the petitioner intends to increased. The SG tubes inspected by the SG Program continue to be required to meet the However, if circumstances change rely in proving the contention at the SG Program performance criteria and to be during the notice period, such that hearing. The petitioner must also capable of performing any functions assumed failure to act in a timely way would provide references to the specific in the accident analysis. As a result, the result, for example, in prevention of sources and documents on which the consequences of any accident previously either resumption of operation or petitioner intends to rely to support its evaluated are not significantly increased. shutdown of the facility, the position on the issue. The petition must Therefore, the proposed change does not Commission may issue the license include sufficient information to show involve a significant increase in the amendment before the expiration of the that a genuine dispute exists with the probability or consequences of an accident 14-day notice period, provided that its applicant or licensee on a material issue previously evaluated. 2. Does the proposed change create the final determination is that the of law or fact. Contentions must be possibility of a new or different kind of amendment involves no significant limited to matters within the scope of accident from any accident previously hazards consideration. The final the proceeding. The contention must be evaluated? determination will consider all public one which, if proven, would entitle the Response: No. and State comments received. If the petitioner to relief. A petitioner who

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fails to satisfy the requirements at 10 meet the requirements for petitions set at 301–415–1677, to (1) request a digital CFR 2.309(f) with respect to at least one forth in this section, except that under identification (ID) certificate, which contention will not be permitted to 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or participate as a party. governmental body, or Federally- representative) to digitally sign Those permitted to intervene become recognized Indian Tribe, or agency submissions and access the E-Filing parties to the proceeding, subject to any thereof does not need to address the system for any proceeding in which it limitations in the order granting leave to standing requirements in 10 CFR is participating; and (2) advise the intervene. Parties have the opportunity 2.309(d) if the facility is located within Secretary that the participant will be to participate fully in the conduct of the its boundaries. Alternatively, a State, submitting a petition or other hearing with respect to resolution of local governmental body, Federally- adjudicatory document (even in that party’s admitted contentions, recognized Indian Tribe, or agency instances in which the participant, or its including the opportunity to present thereof may participate as a non-party counsel or representative, already holds evidence, consistent with the NRC’s under 10 CFR 2.315(c). an NRC-issued digital ID certificate). regulations, policies, and procedures. If a hearing is granted, any person Based upon this information, the Petitions must be filed no later than who is not a party to the proceeding and Secretary will establish an electronic 60 days from the date of publication of is not affiliated with or represented by docket for the hearing in this proceeding this notice. Petitions and motions for a party may, at the discretion of the if the Secretary has not already leave to file new or amended presiding officer, be permitted to make established an electronic docket. contentions that are filed after the a limited appearance pursuant to the Information about applying for a deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the a determination by the presiding officer making a limited appearance may make NRC’s public website at https:// that the filing demonstrates good cause an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ by satisfying the three factors in 10 CFR position on the issues but may not getting-started.html. Once a participant 2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. has obtained a digital ID certificate and must be filed in accordance with the A limited appearance may be made at a docket has been created, the filing instructions in the ‘‘Electronic any session of the hearing or at any participant can then submit Submissions (E-Filing)’’ section of this prehearing conference, subject to the adjudicatory documents. Submissions document. limits and conditions as may be must be in Portable Document Format If a hearing is requested, and the imposed by the presiding officer. Details (PDF). Additional guidance on PDF Commission has not made a final regarding the opportunity to make a submissions is available on the NRC’s determination on the issue of no limited appearance will be provided by public website at https://www.nrc.gov/ significant hazards consideration, the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A Commission will make a final scheduled. filing is considered complete at the time determination on the issue of no the document is submitted through the IV. Electronic Submissions (E-Filing) significant hazards consideration. The NRC’s E-Filing system. To be timely, an final determination will serve to All documents filed in NRC electronic filing must be submitted to establish when the hearing is held. If the adjudicatory proceedings, including a the E-Filing system no later than 11:59 final determination is that the request for hearing and petition for p.m. Eastern Time on the due date. amendment request involves no leave to intervene (petition), any motion Upon receipt of a transmission, the E- significant hazards consideration, the or other document filed in the Filing system time-stamps the document Commission may issue the amendment proceeding prior to the submission of a and sends the submitter an email notice and make it immediately effective, request for hearing or petition to confirming receipt of the document. The notwithstanding the request for a intervene, and documents filed by E-Filing system also distributes an email hearing. Any hearing would take place interested governmental entities that notice that provides access to the after issuance of the amendment. If the request to participate under 10 CFR document to the NRC’s Office of the final determination is that the 2.315(c), must be filed in accordance General Counsel and any others who amendment request involves a with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary significant hazards consideration, then 49139; August 28, 2007, as amended at that they wish to participate in the any hearing held would take place 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not before the issuance of the amendment Filing process requires participants to serve the document on those unless the Commission finds an submit and serve all adjudicatory participants separately. Therefore, imminent danger to the health or safety documents over the internet, or in some applicants and other participants (or of the public, in which case it will issue cases to mail copies on electronic their counsel or representative) must an appropriate order or rule under 10 storage media. Detailed guidance on apply for and receive a digital ID CFR part 2. making electronic submissions may be certificate before adjudicatory A State, local governmental body, found in the Guidance for Electronic documents are filed so that they can Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC obtain access to the documents via the agency thereof, may submit a petition to website at https://www.nrc.gov/site- E-Filing system. the Commission to participate as a party help/e-submittals.html. Participants A person filing electronically using under 10 CFR 2.309(h)(1). The petition may not submit paper copies of their the NRC’s adjudicatory E-Filing system should state the nature and extent of the filings unless they seek an exemption in may seek assistance by contacting the petitioner’s interest in the proceeding. accordance with the procedures NRC’s Electronic Filing Help Desk The petition should be submitted to the described below. through the ‘‘Contact Us’’ link located Commission no later than 60 days from To comply with the procedural on the NRC’s public website at https:// the date of publication of this notice. requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- The petition must be filed in accordance days prior to the filing deadline, the submittals.html, by email to with the filing instructions in the participant should contact the Office of [email protected], or by a toll- ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at free call at 1 866–672–7640. The NRC section of this document, and should [email protected], or by telephone Electronic Filing Help Desk is available

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between 9 a.m. and 6 p.m., Eastern copyrighted materials in their dominant or the competitive product Time, Monday through Friday, submission. list. excluding government holidays. For further details with respect to this Section II identifies the docket Participants who believe that they action, see the application for license number(s) associated with each Postal have a good cause for not submitting amendment dated April 6, 2020. Service request, the title of each Postal documents electronically must file an Attorney for licensee: Tamra Domeyer, Service request, the request’s acceptance exemption request, in accordance with Associate General Counsel, Exelon date, and the authority cited by the 10 CFR 2.302(g), with their initial paper Generation Company, LLC, 4300 filing stating why there is good cause for Winfield Road, Warrenville, IL 60555. Postal Service for each request. For each not filing electronically and requesting NRC Branch Chief: Nancy L. Salgado. request, the Commission appoints an authorization to continue to submit officer of the Commission to represent Dated April 10, 2020. documents in paper format. Such filings the interests of the general public in the must be submitted by: (1) First class For the Nuclear Regulatory Commission. proceeding, pursuant to 39 U.S.C. 505 mail addressed to the Office of the Scott P. Wall, (Public Representative). Section II also Secretary of the Commission, U.S. Senior Project Manager, Plant Licensing establishes comment deadline(s) Nuclear Regulatory Commission, Branch III, Division of Operating Reactor pertaining to each request. Washington, DC 20555–0001, Attention: Licensing, Office of Nuclear Reactor Regulation. The public portions of the Postal Rulemaking and Adjudications Staff; or Service’s request(s) can be accessed via (2) courier, express mail, or expedited [FR Doc. 2020–07972 Filed 4–15–20; 8:45 am] the Commission’s website (http:// delivery service to the Office of the BILLING CODE 7590–01–P www.prc.gov). Non-public portions of Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: the Postal Service’s request(s), if any, Rulemaking and Adjudications Staff. POSTAL REGULATORY COMMISSION can be accessed through compliance with the requirements of 39 CFR Participants filing adjudicatory [Docket Nos. MC2020–114 and CP2020–121] documents in this manner are 3007.301.1 responsible for serving the document on New Postal Product The Commission invites comments on all other participants. Filing is whether the Postal Service’s request(s) AGENCY: Postal Regulatory Commission. considered complete by first-class mail in the captioned docket(s) are consistent as of the time of deposit in the mail, or ACTION: Notice. with the policies of title 39. For by courier, express mail, or expedited SUMMARY: The Commission is noticing a request(s) that the Postal Service states delivery service upon depositing the concern market dominant product(s), document with the provider of the recent Postal Service filing for the Commission’s consideration concerning applicable statutory and regulatory service. A presiding officer, having requirements include 39 U.S.C. 3622, 39 granted an exemption request from a negotiated service agreement. This U.S.C. 3642, 39 CFR part 3010, and 39 using E-Filing, may require a participant notice informs the public of the filing, CFR part 3020, subpart B. For request(s) or party to use E-Filing if the presiding invites public comment, and takes other officer subsequently determines that the administrative steps. that the Postal Service states concern reason for granting the exemption from DATES: Comments are due: April 20, competitive product(s), applicable use of E-Filing no longer exists. 2020. statutory and regulatory requirements Documents submitted in adjudicatory include 39 U.S.C. 3632, 39 U.S.C. 3633, ADDRESSES: Submit comments 39 U.S.C. 3642, 39 CFR part 3015, and proceedings will appear in the NRC’s electronically via the Commission’s electronic hearing docket which is 39 CFR part 3020, subpart B. Comment Filing Online system at http:// available to the public at https:// deadline(s) for each request appear in www.prc.gov. Those who cannot submit adams.nrc.gov/ehd, unless excluded section II. comments electronically should contact pursuant to an order of the Commission the person identified in the FOR FURTHER or the presiding officer. If you do not II. Docketed Proceeding(s) INFORMATION CONTACT section by have an NRC-issued digital ID certificate telephone for advice on filing 1. Docket No(s).: MC2020–114 and as described above, click ‘‘cancel’’ when alternatives. CP2020–121; Filing Title: USPS Request the link requests certificates and you to Add Priority Mail Contract 604 to will be automatically directed to the FOR FURTHER INFORMATION CONTACT: Competitive Product List and Notice of NRC’s electronic hearing dockets where David A. Trissell, General Counsel, at you will be able to access any publicly 202–789–6820. Filing Materials Under Seal; Filing Acceptance Date: April 10, 2020; Filing available documents in a particular SUPPLEMENTARY INFORMATION: hearing docket. Participants are Authority: 39 U.S.C. 3642, 39 CFR requested not to include personal Table of Contents 3020.30 et seq., and 39 CFR 3015.5; privacy information, such as social I. Introduction Public Representative: Christopher C. security numbers, home addresses, or II. Docketed Proceeding(s) Mohr; Comments Due: April 20, 2020. personal phone numbers in their filings, I. Introduction This Notice will be published in the unless an NRC regulation or other law Federal Register. requires submission of such The Commission gives notice that the information. For example, in some Postal Service filed request(s) for the Erica A. Barker, instances, individuals provide home Commission to consider matters related Secretary. addresses in order to demonstrate to negotiated service agreement(s). The [FR Doc. 2020–08014 Filed 4–15–20; 8:45 am] proximity to a facility or site. With request(s) may propose the addition or BILLING CODE 7710–FW–P respect to copyrighted works, except for removal of a negotiated service limited excerpts that serve the purpose agreement from the market dominant or 1 See Docket No. RM2018–3, Order Adopting of the adjudicatory filings and would the competitive product list, or the Final Rules Relating to Non-Public Information, constitute a Fair Use application, modification of an existing product June 27, 2018, Attachment A at 19–22 (Order No. participants are requested not to include currently appearing on the market 4679).

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POSTAL SERVICE POSTAL SERVICE RAILROAD RETIREMENT BOARD Product Change—Priority Mail Product Change—Priority Mail Agency Forms Submitted for OMB Negotiated Service Agreement Negotiated Service Agreement Review, Request for Comments

TM TM AGENCY: Postal Service . AGENCY: Postal Service . SUMMARY: In accordance with the ACTION: Notice. ACTION: Notice. Paperwork Reduction Act of 1995, the Railroad Retirement Board (RRB) is SUMMARY: The Postal Service gives SUMMARY: The Postal Service gives forwarding an Information Collection notice of filing a request with the Postal notice of filing a request with the Postal Request (ICR) to the Office of Regulatory Commission to add a Regulatory Commission to add a Information and Regulatory Affairs domestic shipping services contract to domestic shipping services contract to (OIRA), Office of Management and the list of Negotiated Service the list of Negotiated Service Budget (OMB). Our ICR describes the Agreements in the Mail Classification Agreements in the Mail Classification information we seek to collect from the Schedule’s Competitive Products List. Schedule’s Competitive Products List. public. Review and approval by OIRA DATES: Date of required notice: April 16, DATES: Date of required notice: April 16, ensures that we impose appropriate 2020. 2020. paperwork burdens. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: The RRB invites comments on the Sean Robinson, 202–268–8405. Sean Robinson, 202–268–8405. proposed collections of information to SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The determine (1) the practical utility of the ® ® United States Postal Service hereby United States Postal Service hereby collections; (2) the accuracy of the gives notice that, pursuant to 39 U.S.C. gives notice that, pursuant to 39 U.S.C. estimated burden of the collections; (3) 3642 and 3632(b)(3), on April 10, 2020, 3642 and 3632(b)(3), on March 31, 2020, ways to enhance the quality, utility, and it filed with the Postal Regulatory it filed with the Postal Regulatory clarity of the information that is the Commission a USPS Request to Add Commission a USPS Request to Add subject of collection; and (4) ways to Priority Mail Contract 604 to Priority Mail Contract 603 to minimize the burden of collections on Competitive Product List. Documents Competitive Product List. Documents respondents, including the use of are available at www.prc.gov, Docket are available at www.prc.gov, Docket automated collection techniques or Nos. MC2020–114, CP2020–121. Nos. MC2020–112, CP2020–118. other forms of information technology. Sean Robinson, Sean Robinson, Comments to the RRB or OIRA must Attorney, Corporate and Postal Business Law. Attorney, Corporate and Postal Business Law. contain the OMB control number of the ICR. For proper consideration of your [FR Doc. 2020–07991 Filed 4–15–20; 8:45 am] [FR Doc. 2020–07989 Filed 4–15–20; 8:45 am] comments, it is best if the RRB and BILLING CODE 7710–12–P BILLING CODE 7710–12–P OIRA receive them within 30 days of the publication date. POSTAL SERVICE POSTAL SERVICE Title and purpose of information collection: Vocational Report; OMB Product Change—First-Class Package Product Change—Priority Mail 3220–0141. Section 2 of the Railroad Service Negotiated Service Agreement Negotiated Service Agreement Retirement Act (RRA) provides for payment of disability annuities to AGENCY: Postal ServiceTM. AGENCY: Postal ServiceTM. qualified employees and widow(ers). ACTION: Notice. ACTION: Notice. The establishment of permanent SUMMARY: The Postal Service gives SUMMARY: The Postal Service gives disability for work in the applicant’s notice of filing a request with the Postal notice of filing a request with the Postal ‘‘regular occupation’’ or for work in any Regulatory Commission to add a Regulatory Commission to add a regular employment is prescribed in 20 domestic shipping services contract to domestic shipping services contract to CFR 220.12 and 220.13 respectively. the list of Negotiated Service the list of Negotiated Service The RRB utilizes Form G–251, Agreements in the Mail Classification Agreements in the Mail Classification Vocational Report, to obtain an Schedule’s Competitive Products List. Schedule’s Competitive Products List. applicant’s work history. This DATES: Date of required notice: April 16, DATES: Date of required notice: April 16, information is used by the RRB to 2020. 2020. determine the effect of a disability on an FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: applicant’s ability to work. Form G–251 Sean Robinson, 202–268–8405. Sean Robinson, 202–268–8405. is designed for use with the RRB’s disability benefit application forms and SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The is provided to all applicants for United States Postal Service® hereby United States Postal Service® hereby employee disability annuities and to gives notice that, pursuant to 39 U.S.C. gives notice that, pursuant to 39 U.S.C. those applicants for a widow(er)’s 3642 and 3632(b)(3), on April 3, 2020, 3642 and 3632(b)(3), on March 31, 2020, disability annuity who indicate that it filed with the Postal Regulatory it filed with the Postal Regulatory they have been employed at some time. Commission a USPS Request to Add Commission a USPS Request to Add First-Class Package Service Contract 108 Priority Mail Contract 602 to Completion is required to obtain or to Competitive Product List. Documents Competitive Product List. Documents retain a benefit. One response is are available at www.prc.gov, Docket are available at www.prc.gov, Docket requested of each respondent. Nos. MC2020–113, CP2020–119. Nos. MC2020–111, CP2020–117. Previous Requests for Comments: The RRB has already published the initial Sean Robinson, Sean Robinson, 60-day notice (81 FR 6587 on February Attorney, Corporate and Postal Business Law. Attorney, Corporate and Postal Business Law. 5, 2020) required by 44 U.S.C. [FR Doc. 2020–07990 Filed 4–15–20; 8:45 am] [FR Doc. 2020–07988 Filed 4–15–20; 8:45 am] 3506(c)(2). That request elicited no BILLING CODE 7710–12–P BILLING CODE 7710–12–P comments.

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Information Collection Request (ICR) Affected public: Individuals or work, the RRB needs the applicant’s Households. work history. The collection obtains the Title: Vocational Report. Abstract: Section 2 of the Railroad information needed to determine their OMB Control Number: 3220–0141. Retirement Act provides for the ability to work. Form(s) submitted: G–251. payment of disability annuities to Changes proposed: The RRB proposes Type of request: Extension without qualified employees and widow(er)s. In no changes to Form G–251. change of a currently approved order to determine the effect of a The burden estimate for the ICR is as collection. disability on an annuitant’s ability to follows:

Annual Time Burden Form number responses (minutes) (hours)

G–251 (with assistance) ...... 5,730 40 3,820 G–251 (without assistance) ...... 270 50 225

Total ...... 6,000 ...... 4,045

Additional Information or Comments: ADDRESSES: Submit completed loan that supersedes and replaces a previous Copies of the forms and supporting applications to: U.S. Small Business lease (Original Lease) that took effect in documents can be obtained from Administration, Processing and 2003.1 Kennisha Tucker at (312) 469–2591 or Disbursement Center, 14925 Kingsport PNWR states that it is currently the [email protected]. Comments Road, Fort Worth, TX 76155. operator of the Line under the Original regarding the information collection FOR FURTHER INFORMATION CONTACT: A. Lease. PNWR states that the New Lease should be addressed to Brian Foster, Escobar, Office of Disaster Assistance, extends the term for an additional 10 Railroad Retirement Board, 844 North U.S. Small Business Administration, years, with an automatic renewal date Rush Street, Chicago, Illinois, 60611– 409 3rd Street SW, Suite 6050, for an additional 10-year term, and 1275 or [email protected]. Washington, DC 20416, (202) 205–6734. makes other commercial changes. Written comments and SUPPLEMENTARY INFORMATION: The notice PNWR certifies that the New Lease recommendations for the proposed of the President’s major disaster contains an interchange commitment information collection should be sent declaration for the Commonwealth of that is similar to the interchange within 30 days of publication of this PUERTO RICO, dated 01/16/2020, is commitment that was included in the notice to www.reginfo.gov/public/do/ hereby amended to extend the deadline Original Lease.2 PRAMain. Find this particular for filing applications for physical Accordingly, PNWR has provided information collection by selecting damages as a result of this disaster to additional information regarding the ‘‘Currently under 30-day Review—Open 05/15/2020. interchange commitment, as required by for Public Comments’’ or by using the All other information in the original 49 CFR 1150.43(h). search function. declaration remains unchanged. PNWR certifies that its projected revenues as a result of this transaction Brian Foster, (Catalog of Federal Domestic Assistance Clearance Officer. Number 59008) will not result in the creation of a Class II or Class I rail carrier. PNWR also [FR Doc. 2020–08068 Filed 4–15–20; 8:45 am] Cynthia Pitts, certifies that its revenues currently BILLING CODE 7905–01–P Acting Associate Administrator for Disaster exceed $5 million. Pursuant to 49 CFR Assistance. 1150.42(e), if a carrier’s projected [FR Doc. 2020–07962 Filed 4–15–20; 8:45 am] annual revenues will exceed $5 million, SMALL BUSINESS ADMINISTRATION BILLING CODE 8026–03–P it must, at least 60 days before the [Disaster Declaration #16253 and #16254; exemption becomes effective, post a PUERTO RICO Disaster Number PR–00034] notice of its intent to undertake the SURFACE TRANSPORTATION BOARD proposed transaction at the workplace Presidential Declaration Amendment of of the employees on the affected lines, [Docket No. FD 36391] a Major Disaster for the serve a copy of the notice on the Commonwealth of Puerto Rico Portland & Western Railroad, Inc.— national offices of the labor unions with AGENCY: U.S. Small Business Amended Lease and Operation employees on the affected lines, and Administration. Exemption Containing Interchange certify to the Board that it has done so. However, PNWR’s verified notice ACTION: Amendment 6. Commitment—BNSF Railway Company includes a request for waiver of the 60- SUMMARY: This is an amendment of the Portland & Western Railroad, Inc. day advance labor notice requirements. Presidential declaration of a major (PNWR), a Class III railroad, has filed a PNWR’s waiver request will be disaster for the Commonwealth of verified notice of exemption pursuant to Puerto Rico (FEMA–4473–DR), dated 49 CFR 1150.41 to continue to lease 1 See Portland & W. R.R.—Lease & Operation 01/16/2020. from BNSF Railway Company (BNSF) Exemption—The Burlington N. & Santa Fe Ry., and operate a BNSF rail line between Docket No. FD 34255 (STB served Jan. 3, 2003). Incident: Earthquakes. PNWR states that the Original Lease ended on Incident Period: 12/28/2019 through milepost 64.70 (located on main track February 29, 2020, and that PNWR and BNSF 02/04/2020. between Quinaby and Salem, Ore.) and executed the New Lease effective March 1, 2020. DATES: Issued on 04/10/2020. milepost 141.45, at the end of track, PNWR also states that it will continue to operate Physical Loan Application Deadline near Eugene, Ore., a total distance of under the terms of the Original Lease until the New Lease is authorized. Date: 05/15/2020. approximately 76.75 miles (the Line). 2 A copy of the New Lease with the interchange Economic Injury (EIDL) Loan PNWR states that it has entered into a commitment was submitted under seal. See 49 CFR Application Deadline Date: 10/16/2020. lease agreement (New Lease) with BNSF 1150.43(h)(1).

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addressed in a separate decision. The All pleadings, referring to Docket No. environmental review under 49 CFR Board will establish the effective date of FD 36391, must be filed with the 1105.6(c) and from historic preservation the exemption in its separate decision Surface Transportation Board either via reporting requirements under 49 CFR on the waiver request. e-filing or in writing addressed to 395 E 1105.8(b). If the verified notice contains false or Street SW, Washington, DC 20423–0001. Board decisions and notices are available at www.stb.gov. misleading information, the exemption In addition, a copy of each pleading is void ab initio. Petitions to revoke the must be served on PNWR’s Decided: April 10, 2020. exemption under 49 U.S.C. 10502(d) representative, Justin J. Marks, Clark By the Board, Scott M. Zimmerman, Acting may be filed at any time. The filing of Hill PLC, 1001 Pennsylvania Ave. NW, Director, Office of Proceedings. a petition to revoke will not Suite 1300 South, Washington, DC Tammy Lowery, automatically stay the effectiveness of 20004. Clearance Clerk. the exemption. Petitions for stay must According to PNWR, this action is [FR Doc. 2020–08051 Filed 4–15–20; 8:45 am] be filed no later than April 23, 2020. categorically excluded from BILLING CODE 4915–01–P

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Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 10 General Provisions; Revised List of Migratory Birds; Final Rule

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DEPARTMENT OF THE INTERIOR United States and the Government of United States or U.S. territories as a Canada Amending the 1916 Convention result of recent taxonomic changes; Fish and Wildlife Service between the United Kingdom and the (8) Change the common (English) United States of America for the names of 43 species to conform to 50 CFR Part 10 Protection of Migratory Birds, Sen. accepted use; and (9) Change the scientific names of 135 [Docket No. FWS–HQ–MB–2018–0047; Treaty Doc. 104–28 (December 14, FXMB 12320900000//201//FF09M29000] 1995); species to conform to accepted use. (2) Mexico: Convention between the The List of Migratory Birds (50 CFR RIN 1018–BC67 United States and Mexico for the 10.13) was last revised on November 1, Protection of Migratory Birds and Game 2013 (78 FR 65844). The amendments in General Provisions; Revised List of this rule were necessitated by nine Migratory Birds Mammals, February 7, 1936, 50 Stat. 1311 (T.S. No. 912), as amended by published supplements to the 7th (1998) AGENCY: Fish and Wildlife Service, Protocol with Mexico amending edition of the American Ornithologists’ Interior. Convention for Protection of Migratory Union (AOU, now recognized as the American Ornithological Society (AOS)) ACTION: Final rule. Birds and Game Mammals, Sen. Treaty Doc. 105–26 (May 5, 1997); Check-list of North American Birds (AOU 2011, AOU 2012, AOU 2013, SUMMARY: We, the U.S. Fish and (3) Japan: Convention between the AOU 2014, AOU 2015, AOU 2016, AOS Wildlife Service (Service), revise the Government of the United States of 2017, AOS 2018, and AOS 2019) and List of Migratory Birds protected by the America and the Government of Japan the 2017 publication of the Clements Migratory Bird Treaty Act (MBTA) by for the Protection of Migratory Birds and Checklist of Birds of the World both adding and removing species. Birds in Danger of Extinction, and Their (Clements et al. 2017). Reasons for the changes to the list Environment, March 4, 1972, 25 U.S.T. include adding species based on new 3329 (T.I.A.S. No. 7990); and What scientific authorities are used to taxonomy and new evidence of natural (4) Russia: Convention between the amend the List of Migratory Birds? occurrence in the United States or U.S. United States of America and the Union Although bird names (common and territories, removing species no longer of Soviet Socialist Republics Concerning known to occur within the United States scientific) are relatively stable, staying the Conservation of Migratory Birds and current with standardized use is or U.S. territories, and changing names Their Environment (Russia), November necessary to avoid confusion in to conform to accepted use. The net 19, 1976, 29 U.S.T. 4647 (T.I.A.S. No. communications. In making our increase of 67 species (75 added and 8 9073). determinations, we primarily relied on removed) will bring the total number of the AOS’s Checklist of North American species protected by the MBTA to 1,093. What is the purpose of this rulemaking? birds (AOU 1998), as amended annually We regulate the taking, possession, Our purpose is to inform the public of (AOU 1999 through 2016, AOS 2017 transportation, sale, purchase, barter, the species protected by the MBTA and through 2019), on matters of taxonomy, exportation, and importation of its implementing regulations. These nomenclature, and the sequence of migratory birds. An accurate and up-to- regulations are found in Title 50, Code species and other higher taxonomic date list of species protected by the of Federal Regulations (CFR), parts 10, categories (Orders, Families, MBTA is essential for public 20, and 21. We regulate the taking, Subfamilies) for species that occur in notification and regulatory purposes. possession, transportation, sale, North America. The AOU (now AOS) DATES: This rule is effective May 18, purchase, barter, exportation, and Checklist of North American Birds 2020. importation of migratory birds. An (Checklist), developed by the AOU FOR FURTHER INFORMATION CONTACT: Eric accurate and up-to-date list of species Committee on Classification and L. Kershner, Chief of the Branch of protected by the MBTA is essential for Nomenclature, has been the recognized Conservation, Permits, and Regulations; notifying the public of regulatory taxonomic authority for North American Division of Migratory Bird Management; protections. birds since publication of the first U.S. Fish and Wildlife Service; MS: MB; Why is the amendment of the List of edition of the Checklist in 1886. The 5275 Leesburg Pike, Falls Church, VA Migratory Birds necessary? committee compiles the taxonomic 22041–3803; (703) 358–2376. foundation for ornithology in North The amendments we are adopting in SUPPLEMENTARY INFORMATION: America; evaluating and codifying the this final rule are needed to: latest scientific developments in the What statutory authority does the (1) Add 16 species that qualify for systematics, classification, service have for this rulemaking? protection under the MBTA; nomenclature, and distribution of North We have statutory authority and (2) Correct the spelling of 3 species American birds. Thus, the AOS’s responsibility for enforcing the MBTA names on the alphabetized list; Checklist represents the best (16 U.S.C. 703–712), the Fish and (3) Correct the spelling of 3 species information available for developing the Wildlife Improvement Act of 1978 (16 names on the taxonomic list; North American component of this List U.S.C. 742l), and the Fish and Wildlife (4) Add 30 species based on new of Migratory Birds. In keeping with the Act of 1956 (16 U.S.C. 742a–j). The distributional records documenting increasing numbers of study areas on MBTA implements Conventions their natural occurrence in the United which taxonomy relies, the committee between the United States and four States or U.S. territories since 2010; incorporates expertise in phylogenetics, neighboring countries for the protection (5) Add one species moved from a genomics, vocalizations, morphology, of migratory birds, as follows: family that was not protected to a family behavior, and geographical distribution, (1) Canada: Convention between the protected under the MBTA as a result of as well as general ornithological United States and Great Britain [on taxonomic changes; knowledge. The AOS Checklist contains behalf of Canada] for the Protection of (6) Add 28 species newly recognized all bird species that have occurred in Migratory Birds, August 16, 1916, 39 as a result of recent taxonomic changes; North America from the Arctic through Stat. 1702 (T.S. No. 628), as amended by (7) Remove 8 species not known to Panama, including the West Indies and Protocol between the Government of the occur within the boundaries of the the Hawaiian Islands, and includes

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distributional information for each (2) Revised taxonomy results in it (southern storm-petrels) was split from species, which specifies whether the being newly split from a species that the Hydrobatidae (northern storm- species is known to occur in the United was previously on the list, and the new petrels), the Tityridae (becards and States. The committee also keeps and species occurs in the United States or tityras) was split from the Tyrannidae updates a list of species known to occur U.S. territories as the result of natural (tyrant flycatchers), the Passerellidae in the United States. biological or ecological processes. If a (towhees, sparrows, and juncos) was For the species that occur outside the newly recognized native species is split from the Emberizidae (buntings), geographic area covered by the AOS considered extinct (following the and the Megaluridae (Locustella Checklist, we relied primarily on the classification of the AOS) or, for species warblers) was renamed to Locustellidae. Clements Checklist of Birds of the not covered by the AOS, the Clements The Ptilogonatidae (silky-flycatchers) World (Clements Checklist) (Clements et Checklist or peer-reviewed literature), was renamed to the Ptiliogonatidae. The al. 2007), the Clements Checklist 2017 that species will still be included if Nesospingidae (Puerto Rican Tanager) installment of updates and corrections either of the following criteria apply: and the Spindalidae (Spindalis genus) • (Clements et al. 2017), and other peer- The species resembles extant were split from the Thraupidae reviewed literature where appropriate. species included in the list that may be (tanagers). The yellow-breasted chat was The Clements Checklist is a list of all affected by trade if the species is not split from the Parulidae (wood-warblers) included; or and placed into Icteriidae (chats). known bird species in the world and is • maintained and updated annually by Not including the species may Within the Scolopacidae (sandpipers, the Cornell Laboratory of Ornithology create difficulties implementing the phalaropes, and allies), new Subfamilies (CLO). The CLO relies on different MBTA and its underlying Conventions. were created: The curlews were moved (3) New evidence exists for its natural regional ornithological authorities to to Numeniinae; the godwits to occurrence in the United States or U.S. compile the list, using the AOS for the Limosinae; and small sandpipers to territories resulting from natural western hemisphere. Taxonomy and Arenariinae and larger sandpipers to distributional changes and the species nomenclature are the primary focus of Tringinae, including phalaropes whose occurs in a protected family. Records the Clements Checklist, but range previous Subfamily Phalaropodinae was must be documented, accepted, and descriptions are maintained and removed. Within the Accipitridae published by the AOS committee. For updated based on the best available (hawks, eagles, and kites), new the U.S. Pacific territories that fall information and do not include records Subfamilies were created: The White- outside the geographic scope of the AOS tailed Kite was move to Elaninae, Hook- of vagrancy. and for which there is no identified billed and Swallow-tailed Kite were Although the Service primarily relies ornithological authority, new evidence moved to Gypaetinae, and all other on the above sources, when informed of a species’ natural occurrence will be members of the family were moved to taxonomic opinion or documented based on the Clements Checklist and Accipitrinae. Within the Icteridae natural distribution is inconsistent or then published peer-reviewed literature, (blackbirds), new Subfamilies were controversial, the Service evaluates in that order. available published and unpublished In accordance with the Migratory Bird created: Yellow-headed blackbird was information and comes to its own Treaty Reform Act of 2004 (MBTRA) moved to Xanthocephalinae; bobolink conclusions regarding the validity of (Pub. L. 108–447, 118 Stat. 2809, 3071– was moved to Dolichonychinae; taxa and records of distribution. 72), we only include migratory bird meadowlarks were moved to Sturnellinae; orioles were moved to What criteria are used to identify species that are native to the United States or U.S. territories. A native Icterinae; and blackbirds, cowbirds, and individual species protected by the grackles were moved to Agelaiinae. In MBTA? migratory bird species is one that is present as a result of natural biological the Falconidae (caracaras and falcons), A species qualifies for protection or ecological processes. The list at 50 collared forest-falcon was moved into under the MBTA by meeting one or CFR 10.13 does not include nonnative the new Subfamily Herpetotherinae, and more of the following criteria: species that occur in the United States the Subfamily Caracarinae was (1) It occurs in the United States or or U.S. territories solely as a result of removed, with crested caracara moved U.S. territories as the result of natural intentional or unintentional human- to the Subfamily Falconinae. In the biological or ecological processes and is assisted introduction(s). Elsewhere in Fringillidae (finches and allies), the currently, or was previously listed as, a today’s Federal Register, we publish a Hawaiian fringillids were moved from species or part of a family protected by list of nonnative bird species that are the Subfamily Drepanidinae to one of the four international treaties or not protected under the MBTA. Carduelinae. The Old World flycatchers their amendments. Any species that in the Turdidae (thrushes) were moved occurs in the United States or U.S. How do the changes affect the List of to the Muscicapidae (Old World territories solely as a result of Migratory Birds? flycatchers). Bananaquit was moved intentional or unintentional human- Several taxonomic changes were from the Coerebidae (a family not assisted introduction does not qualify made at the Order and Family level by protected by MBTA) to the Thraupidae for the MBTA list, regardless of whether the AOS since our 2013 publication of (tanagers and allies), which is a family the family the species belongs to is the list (78 FR 65844; November 1, protected by the MBTA. All other listed in any of the treaties, unless: 2013). These changes affect the tanagers were also moved from the • It was native to the United States or inclusion and taxonomic order of Emberizidae (sparrows) to the its territories and extant in 1918; species on this list. Specifically, the Thraupidae. Within Thraupidae, the • It was extirpated after 1918 Order Cathartiformes (New World seedeaters were moved into the throughout its range in the United States vultures) was split from the Subfamily Sporophilinae, and and its territories; and Accipitriformes (diurnal birds of prey). bananaquit, grassquits, and bullfinches • After such extirpation, it was Cathartiformes now includes the Family were moved into the Subfamily reintroduced in the United States or its Cathartidae (vultures and California Coerebinae. territories as part of a program carried Condor, Gymnogyps californianus). At All species previously receiving out by a Federal agency. the Family level, the Oceanitidae protection under the MBTA that have

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been moved to newly created Families (3) Correct the spelling of three River Warbler, Locustella fluviatilis— continue to be protected under the common or scientific names on the Alaska (AOS 2019); MBTA. taxonomic list: European Robin, Erithacus rubecula— The amendments affect a total of 252 Eared Quetzel, Euptilotis neoxenus, Pennsylvania (AOS 2019); species; 75 additions, 8 removals, and becomes Eared Quetzal Common Redstart, Phoenicurus 178 name changes covering 169 species White-crested Eleania, Elaenia phoenicurus—Alaska (AOU 2015); (9 species had both scientific and albiceps becomes White-crested Elaenia Pied Wheatear, Oenanthe common name changes). The result is a Piratic Flycatcher, Legatus pleschanka—Alaska (AOS 2019); net addition of 67 species to the List of leucophalus becomes Legatus Brown-backed Solitaire, Myadestes Migratory Birds, increasing the number leucophaius occidentalis—Arizona (AOU 2011); of species on the list from 1,026 to (4) Add 30 species based on review Pallas’s Rosefinch, Carpodacus 1,093. Of the 75 species that we add to and acceptance by the AOS (since 2010) roseus—Alaska (AOS 2019); the list, 28 were previously covered or by other appropriate ornithological Asian Rosy-Finch, Leucosticte under the MBTA as members of the authorities of new distributional records arctoa—Alaska (AOU 2013); same species (conspecific) of listed documenting their occurrence in the Black-backed Oriole, Icterus abeillei— species. These amendments can be United States or U.S. territories. These Pennsylvania, Massachusetts, logically arranged in the following nine species belong to families covered by at Connecticut (AOS 2019); categories: least one of the four international Red-legged Honeycreeper, Cyanerpes (1) Add 16 species that qualify for conventions, and all are considered to cyaneus—Texas (AOS 2017). (5) Add one species because of recent protection by the MBTA but have not be of accidental or casual occurrence. taxonomic changes transferring a been added previously. The addition of For each species, we list the State in species in a Family formerly not these species is the result of either which it has been recorded plus the protected by the MBTA (Coerebidae) accepting AOS taxonomic updates that relevant publication: into a Family protected under the were previously excluded or Common Scoter, Melanitta nigra— MBTA (Thraupidae). We reference the determinations of documented natural California and Oregon (AOS 2017); AOS publication supporting the change: occurrence in the United States or U.S. Amethyst-throated Mountain-gem, Bananaquit, Coereba flaveola (AOU territories. The species and relevant Lampornis amethystinus—Texas (AOS 2015). publication(s) are: 2018, AOS 2019); (6) Add 28 species because of recent Pink-footed Goose, Anser Rufous-necked Wood-Rail, Aramides axillaris—New Mexico (AOU 2016); taxonomic changes in which taxa brachyrhynchus (AOS 2019); formerly treated as conspecific have Cackling Goose, Branta hutchinsii Solitary Snipe, Gallinago solitaria— Alaska (AOU 2011); been determined to be distinct species. (AOU 2004); Given that each of these species was Long-tailed Koel, Urodynamis Chatham Albatross, Thalassarche eremita—California (AOS 2017); formerly treated as conspecific with a taitensis (Wiles 2005); listed species, these additions do not White-tailed Nightjar, Hydropsalis European Storm-Petrel, Hydrobates pelagicus—North Carolina and Florida change the protective status of any of cayennensis (AOU 1983); these taxa, only the names by which Vervain Hummingbird, Mellisuga (AOS 2019); Providence Petrel, Pterodroma they are known. In each case, we minima (AOU 1983); solandri—Alaska (AOU 2013); reference the AOS or relevant Kentish Plover, Charadrius Fea’s Petrel, Pterodroma feae—North publication supporting the change: alexandrinus (Enbring and Owen 1981); Carolina, Georgia, Virginia (AOU 2013); Stejneger’s Scoter, Melanitta Common Redshank, Tringa totanus Zino’s Petrel, Pterodroma madeira— stejnegeri—formerly considered (Wiles 2005); North Carolina, (AOU 2015); conspecific with Velvet Scoter, Nazca Booby, Sula granti (AOS 2019); White-chinned Petrel, Procellaria Melanitta fusca (AOS 2019); Abbott’s Booby, Papasula abbotti aequinoctialis—Texas, California, Ridgway’s Rail, Rallus obsoletus— (Pratt et al. 2009); Maine (AOU 2011); formerly considered conspecific with Rufous Night-Heron, Nycticorax Bryan’s Shearwater, Puffinus bryani— Clapper Rail, Rallus longirostris (AOU caledonicus (Glass et al. 1990); Hawaii (AOU 2012); 2014); Gray-faced Buzzard, Butastur indicus Bare-throated Tiger-Heron, Tigrisoma Common Gallinule, Gallinula (Stinson et al. 1997); mexicanum—Texas (AOU 2011); galeata—formerly considered Eastern Marsh-Harrier, Circus Double-toothed Kite, Harpagus conspecific with Common Moorhen, spilonotus (Wiles et al. 2000); bidentatus—Texas (AOU 2013); Gallinula chloropus (AOU 2011); Amur Falcon, Falco amurensis Great Black Hawk, Buteogallus Scripps’s Murrelet, Synthliboramphus (Stinson et al. 1991); urubitinga—Texas and Maine (AOS scrippsi—formerly considered Eurasian Jackdaw, Corvus monedula 2019); conspecific with Xantus’s Murrelet, (AOU 1998); Amazon Kingfisher, Chloroceryle Synthliboramphus hypoleucus (AOU Redwing, Turdus iliacus (AOU 1998); amazona—Texas (AOU 2011); 2012); Common Kingfisher, Alcedo atthis Gray-collared Becard, Pachyramphus Salvin’s Albatross, Thalassarche (Wiles et al. 1993). major—Arizona (AOU 2011); salvini—formerly considered (2) Correct the spelling of three Pine Flycatcher, Empidonax affinis— conspecific with Shy Albatross, common or scientific names on the Arizona (AOS 2018); Thalassarche cauta (AOU 2014); alphabetized list: Cuban Vireo, Vireo gundlachii— Gray-faced Petrel, Pterodroma Eared Quetzel, Euptilotis neoxenus, Florida (AOS 2018); gouldi—formerly considered becomes Eared Quetzal Common Chiffchaff, Phylloscopus conspecific with Great-winged Petrel, Red-footed falcon, Flaco vespertinus, collybita—Alaska (AOU 2014); Pterodroma macroptera (AOS 2019); becomes Falco vespertinus Thick-billed Warbler, Arundinax Trindade Petrel, Pterodroma Piratic Flycatcher, Legatus aedon—Alaska (AOS 2019); arminjoniana —formerly considered leucophalus becomes Legatus Blyth’s Reed Warbler, Acrocephalus conspecific with Herald Petrel, leucophaius dumetorum—Alaska (AOU 2017); Pterodroma heraldica (AOU 2015);

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Newell’s Shearwater, Puffinus conspecific with Nukupuu, MBTA and its underlying Conventions. newelli—formerly considered Hemignathus lucidus (AOU 2015); In each case, we reference the conspecific with Townsend’s Maui Nukupu‘u, Hemignathus publication supporting these changes: Shearwater, Puffinus auricularis (AOU affins—formerly considered conspecific Thayer’s Gull, Larus thayeri, now a 2015); with Nukupuu, Hemignathus lucidus subspecies of Iceland Gull, Larus Barolo Shearwater, Puffinus baroli— (AOU 2015); glaucoides (AOS 2017); formerly considered conspecific with Kauai ‘Akialoa, Akialoa stejnegeri— Great-winged Petrel, Pterodroma Little Shearwater, Puffinus assimilis formerly considered conspecific with macroptera (AOS 2019); Greater Akialoa, Hemignathus ellisianus (AOU 2013); Townsend’s Shearwater, Puffinus (AOU 2015); Townsend’s Storm-Petrel, Hydrobates auricularis (AOU 2015); socorroensis—formerly considered Maui Nui ‘Akialoa, Akialoa lanaiensis—formerly considered Little Shearwater, Puffinus assimilis conspecific with Leach’s Storm-Petrel, (AOU 2015); Oceanodroma leucorhous (AOU 2016, conspecific with Greater Akialoa, Brown Hawk-Owl, Ninox scutulata AOS 2019); Hemignathus ellisianus (AOU 2015); O‘ahu ‘Akepa, Loxops (AOU 2014); Northern Boobook, Ninox japonica— wolstenholmei—formerly considered formerly considered conspecific with Caribbean Coot, Fulica caribaea (AOU conspecific with Akepa, Loxops Brown Hawk-Owl, Ninox scutulata 2016); coccineus (AOU 2015); (AOU 2014); Collared Kingfisher, Todiramphus Maui ‘Akepa, Loxops ochraceus— chloris (Clements et al. 2015); Pacific Kingfisher, Todiramphus formerly considered conspecific with sacer—formerly considered conspecific White-collared Seedeater, Sporophila Akepa, Loxops coccineus (AOU 2015); torqueola (AOS 2018). with Collared Kingfisher, Todiramphus Cassia Crossbill, Loxia sinesciuris— (8) Revise the common (English) chloris (Clements et al. 2015); formerly considered conspecific with names of 43 species to conform to the Mariana Kingfisher, Todiramphus Red Crossbill, Loxia curvirostra (AOS albicilla—formerly considered 2017); most recent nomenclatural treatment as conspecific with Collared Kingfisher, Sagebrush Sparrow, Artemisiospiza described in AOU publications 2011 Todiramphus chloris (Clements et al. nevadensis—formerly considered through 2017, AOS 2018 and 2019 and 2015); conspecific with Sage Sparrow, Clements et al. (2017). Hawaiian species Woodhouse’s Scrub-Jay, Aphelocoma Amphispiza belli (AOU 2013); names are modified to official Hawaiian woodhouseii—formerly considered Morelet’s Seedeater, Sporophila spelling, following the Pukui-Elbert conspecific with Western Scrub-Jay, morelleti—formerly considered Hawaiian Dictionary, adding the Aphelocoma californica (AOU 2016); conspecific with White-collared diacritical marks to the common names Kamchatka Leaf Warbler, Seedeater, Sporophila torqueola (AOS where applicable. The Government Phylloscopus examinandus—formerly 2018). Publishing Office Style Manual requires considered conspecific with Arctic (7) Remove eight species based on the words Hawaii and Kauai to be Warbler, Phylloscopus borealis (AOU revised taxonomic treatments, either spelled without the diacritical mark. 2014); because a species is taxonomically These revisions do not change the Saipan Reed Warbler, Acrocephalus merged with another species, either on protective status of any of these taxa, hiwae—formerly considered conspecific or off the list; a species previously on only the names by which they are with Nightingale Reed Warbler, the list is taxonomically split into known. In each case, the update is Acrocephalus luscinius (Clements et al. multiple species and the new species is described in the table, below. 2013); not known to occur within the United (9) Revise the scientific names of 135 Aguiguan Reed Warbler, States or U.S. territories; or the species species to conform to the most recent Acrocephalus nijoi—formerly is considered extinct (following the nomenclatural treatment as described in considered conspecific with Nightingale classification of the AOS or, for species AOU publications 2011 through 2017, Reed Warbler, Acrocephalus luscinius not covered by the AOS, the Clements AOS 2018 and 2019 and Clements et al. (Clements et al. 2013); Checklist or peer-reviewed literature) (2017). These revisions do not change Pagan Reed Warbler, Acrocephalus unless any of the following criteria the protective status of any of these taxa, yamashinae—formerly considered apply: It is protected under the only the names by which they are conspecific with Nightingale Reed Endangered Species Act of 1973, as known. In each case, the update is Warbler, Acrocephalus luscinius amended (ESA; 16 U.S.C. 1531 et seq.), described in the table, below. (Clements et al. 2013); or the Convention on International Table of name changes, as described Laysan Honeycreeper, Himatione Trade in Endangered Species of Wild in categories 8 and 9, above, follows. fraithii— formerly considered Fauna and Flora (CITES; 27 U.S.T. Table is organized following AOS (2019) conspecific with Apapane, Himatione 1087); it resembles extant species taxonomic order. The relevant AOS sanguinea (AOU 2015) included in the list that may be affected publication is provided. Hawaiian Kauai Nukupu‘u, Hemignathus by its removal; or its removal would common name changes are indicated hanapepe—formerly considered create difficulties implementing the with a (—).

Publication source and year Previous common name Current common name

AOU 2004 ...... Canada Goose (including Branta hutchinsii), Branta Canada Goose, Branta canadensis. canadensis. AOS 2019 ...... Common Ground-Dove, Columbina passerina ...... Common Ground Dove, Columbina passerina. AOS 2019 ...... Ruddy Ground-Dove, Columbina talpacoti ...... Ruddy Ground Dove, Columbina talpacoti. AOU 2016 ...... Green Violetear, Colibri thalassinus ...... Mexican Violetear, Colibri thalassinus. AOS 2017 ...... Magnificent hummingbird, Eugenes fulgens ...... Rivoli’s Hummingbird, Eugenes fulgens. AOS 2019 ...... Blue-throated Hummingbird, Lampornis clemenciae ...... Blue-throated Mountain-gem, Lampornis clemenciae. AOU 2012 ...... Xantus’s Murrelet, Synthliboramphus hypoleucus ...... Guadalupe Murrelet, Synthliboramphus hypoleucus.

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Publication source and year Previous common name Current common name

AOU 2014 ...... Shy Albatross, Thalassarche cauta ...... White-capped Albatross, Thalassarche cauta. AOU 2015 ...... Herald Petrel, Pterodroma arminjoniana ...... Trindade Petrel, Pterodroma arminjoniana. Clements et al. 2000 Pacific Reef-Egret, Egretta sacra ...... Pacific Reef-Heron, Egretta sacra. AOU 2012 ...... Gray Frog-Hawk, Accipiter soloensis ...... Chinese Sparrowhawk, Accipiter soloensis. AOU 2014 ...... Common Black-Hawk, Buteogallus anthracinus ...... Common Black Hawk, Buteogallus anthracinus. AOS 2018 ...... Gray Jay, Perisoreus canadensis ...... Canada Jay, Perisoreus canadensis. AOU 2016 ...... Western Scrub-Jay, Aphelocoma californica ...... California Scrub-Jay, Aphelocoma californica. AOU 2016 ...... Eurasian Sky Lark, Alauda arvensis ...... Eurasian Skylark, Alauda arvensis. AOU 2014 ...... Pallas’s Leaf-Warbler, Phylloscopus proregulus ...... Pallas’s Leaf Warbler, Phylloscopus proregulus. — ...... Kamao, Myadestes myadestinus ...... Ka¯ma1o, Myadestes myadestinus. — ...... Olomao, Myadestes lanaiensis ...... Oloma1o, Myadestes lanaiensis. — ...... Omao, Myadestes obscurus ...... 1O¯ mar1o, Myadestes obscurus. AOS 2017 ...... Le Conte’s Thrasher, Toxostoma lecontei ...... LeConte’s Thrasher, Toxostoma lecontei. AOU 2015 ...... Nukupuu, Hemignathus lucidus ...... O1ahu Nukupu1u, Hemignathus lucidus. — ...... Poo-uli, Melamprosops phaeosoma ...... Po1ouli, Melamprosops phaeosoma. — ...... Akikiki, Oreomystis bairdi ...... 1Akikiki, Oreomystis bairdi. — ...... Oahu Alauahio, Paroreomyza maculata ...... O1ahu 1Alauahio, Paroreomyza maculata. — ...... Kakawahie, Paroreomyza flammea ...... Ka¯ka¯wahie, Paroreomyza flammea. — ...... Maui Alauahio, Paroreomyza montana ...... Maui 1Alauahio, Paroreomyza montana. — ...... Akohekohe, Palmeria dolei ...... 1Akohekohe, Palmeria dolei. — ...... Apapane, Himatione sanguinea ...... 1Apapane, Himatione sanguinea. — ...... Iiwi, Drepanis coccinea ...... 1I1iwi, Drepanis coccinea. — ...... Ou, Psittirostra psittacea ...... 1O¯ 1u¯, Psittirostra psittacea. — ...... Anianiau, Magumma parva ...... 1Anianiau, Magumma parva. — ...... Akekee, Loxops caeruleirostris ...... 1Akeke1e, Loxops caeruleirostris. AOU 2015 ...... Akepa, Loxops coccineus ...... Hawaii 1Akepa, Loxops coccineus. AOS 2017 ...... Le Conte’s Sparrow, Ammodramus leconteii ...... LeConte’s Sparrow, Ammodramus leconteii. AOS 2017 ...... Emperor Goose, Chen canagica ...... Emperor Goose, Anser canagicus. AOS 2017 ...... Snow Goose, Chen caerulescens ...... Snow Goose, Anser caerulescens. AOS 2017 ...... Ross’s Goose, Chen rossii ...... Ross’s Goose, Anser rossii. AOS 2017 ...... Baikal Teal, Anas formosa ...... Baikal Teal, Sibirionetta formosa. AOS 2017 ...... Garganey, Anas querquedula ...... Garganey, Spatula querquedula. AOS 2017 ...... Blue-winged Teal, Anas discors ...... Blue-winged Teal, Spatula discors. AOS 2017 ...... Cinnamon Teal, Anas cyanoptera ...... Cinnamon Teal, Spatula cyanoptera. AOS 2017 ...... Northern Shoveler, Anas clypeata ...... Northern Shoveler, Spatula clypeata. AOS 2017 ...... Gadwall, Anas strepera ...... Gadwall, Mareca strepera. AOS 2017 ...... Falcated Duck, Anas falcata ...... Falcated Duck, Mareca falcata. AOS 2017 ...... Eurasian Wigeon, Anas penelope ...... Eurasian Wigeon, Mareca penelope. AOS 2017 ...... American Wigeon, Anas americana ...... American Wigeon, Mareca americana. AOS 2019 ...... White-winged Scoter, Melanitta fusca ...... White-winged Scoter, Melanitta deglandi. Clements et al. 2017 White-throated Ground-Dove, Gallicolumba xanthonura ..... White-throated Ground-Dove, Alopecoenas xanthonurus. Clements et al. 2010 Hodgson’s Hawk-Cuckoo, Cuculus fugax ...... Hodgson’s Hawk-Cuckoo, Hierococcyx nisicolor. AOU 2012 ...... Chuck-will’s-widow, Caprimulgus carolinensis ...... Chuck-will’s-widow, Antrostomus carolinensis. AOU 2012 ...... Buff-collared Nightjar, Caprimulgus ridgwayi ...... Buff-collared Nightjar, Antrostomus ridgwayi. AOU 2012 ...... Eastern Whip-poor-will, Caprimulgus vociferus ...... Eastern Whip-poor-will, Antrostomus vociferus. AOU 2012 ...... Mexican Whip-poor-will, Caprimulgus arizonae ...... Mexican Whip-poor-will, Antrostomus arizonae. AOU 2012 ...... Puerto Rican Nightjar, Caprimulgus noctitherus ...... Puerto Rican Nightjar, Antrostomus noctitherus. AOS 2018 ...... Gray Nightjar, Caprimulgus indicus ...... Gray Nightjar, Caprimulgus jotaka. AOS 2019 ...... Bahama Woodstar, Calliphlox evelynae ...... Bahama Woodstar, Nesophlox evelynae. AOU 2012 ...... Calliope Hummingbird, Stellula calliope ...... Calliope Hummingbird, Selasphorus calliope. AOU 2014 ...... Clapper Rail, Rallus longirostris ...... Clapper Rail, Rallus crepitans. AOU 2016 ...... Yellow-breasted Crake, Porzana flaviventer ...... Yellow-breasted Crake, Hapalocrex flaviventer. AOU 2012 ...... Purple Gallinule, Porphyrio martinica ...... Purple Gallinule, Porphyrio martinicus. AOU 2016 ...... Sandhill Crane, Grus canadensis ...... Sandhill Crane, Antigone canadensis. AOU 2011 ...... Snowy Plover, Charadrius alexandrinus ...... Snowy Plover, Charadrius nivosus. AOU 2013 ...... Surfbird, Aphriza virgata ...... Surfbird, Calidris virgata. AOU 2013 ...... Ruff, Philomachus pugnax ...... Ruff, Calidris pugnax. AOU 2013 ...... Broad-billed Sandpiper, Limicola falcinellus ...... Broad-billed Sandpiper, Calidris falcinellus. AOU 2013 ...... Spoon-billed Sandpiper, Eurynorhynchus pygmeus ...... Spoon-billed Sandpiper, Calidris pygmea. AOU 2013 ...... Buff-breasted Sandpiper, Tryngites subruficollis ...... Buff-breasted Sandpiper, Calidris subruficollis. AOS 2017 ...... Blue-gray Noddy, Procelsterna cerulea ...... Blue-gray Noddy, Anous ceruleus. AOU 2003 ...... Whiskered Tern, Chlidonias hybridus ...... Whiskered Tern, Chlidonias hybrida. AOS 2019 ...... Fork-tailed Storm-Petrel, Oceanodroma furcata ...... Fork-tailed Storm-Petrel, Hydrobates furcatus. AOS 2019 ...... Ringed Storm-Petrel, Oceanodroma hornbyi ...... Ringed Storm-Petrel, Hydrobates hornbyi. AOS 2019 ...... Swinhoe’s Storm-Petrel, Oceanodroma monorhis ...... Swinhoe’s Storm-Petrel, Hydrobates monorhis. AOS 2019 ...... Leach’s Storm-Petrel, Oceanodroma leucorhoa ...... Leach’s Storm-Petrel, Hydrobates leucorhous. AOS 2019 ...... Townsend’s Storm-Petrel, Oceanodroma socorroensis ...... Townsend’s Storm-Petrel, Hydrobates socorroensis. AOS 2019 ...... Ashy Storm-Petrel, Oceanodroma homochroa ...... Ashy Storm-Petrel, Hydrobates homochroa. AOS 2019 ...... Band-rumped Storm-Petrel, Oceanodroma castro ...... Band-rumped Storm-Petrel, Hydrobates castro. AOS 2019 ...... Wedge-rumped Storm-Petrel, Oceanodroma tethys ...... Wedge-rumped Storm-Petrel, Hydrobates tethys. AOS 2019 ...... Black Storm-Petrel, Oceanodroma melania ...... Black Storm-Petrel, Hydrobates melania. AOS 2019 ...... Tristram’s Storm-Petrel, Oceanodroma tristrami ...... Tristram’s Storm-Petrel, Hydrobates tristrami. AOS 2019 ...... Least Storm-Petrel, Oceanodroma microsoma ...... Least Storm-Petrel, Hydrobates microsoma.

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Publication source and year Previous common name Current common name

AOS 2018 ...... Tahiti Petrel, Pterodroma rostrata ...... Tahiti Petrel, Pseudobulweria rostrata. AOU 2016 ...... Wedge-tailed Shearwater, Puffinus pacificus ...... Wedge-tailed Shearwater, Ardenna pacifica. AOU 2016 ...... Buller’s Shearwater, Puffinus bulleri ...... Buller’s Shearwater, Ardenna bulleri. AOU 2016 ...... Short-tailed Shearwater, Puffinus tenuirostris ...... Short-tailed Shearwater, Ardenna tenuirostris. AOU 2016 ...... Sooty Shearwater, Puffinus griseus ...... Sooty Shearwater, Ardenna grisea. AOU 2016 ...... Great Shearwater, Puffinus gravis ...... Great Shearwater, Ardenna gravis. AOU 2016 ...... Pink-footed Shearwater, Puffinus creatopus ...... Pink-footed Shearwater, Ardenna creatopus. AOU 2016 ...... Flesh-footed Shearwater, Puffinus carneipes ...... Flesh-footed Shearwater, Ardenna carneipes. AOS 2017 ...... Intermediate Egret, Mesophoyx intermedia ...... Intermediate Egret, Ardea intermedia. AOS 2017 ...... Northern Harrier, Circus cyaneus ...... Northern Harrier, Circus hudsonius. AOU 2015 ...... Roadside Hawk, Buteo magnirostris ...... Roadside Hawk, Rupornis magnirostris. AOU 2015 ...... White-tailed Hawk, Buteo albicaudatus ...... White-tailed Hawk, Geranoaetus albicaudatus. AOS 2018 ...... Downy Woodpecker, Picoides pubescens ...... Downy Woodpecker, Dryobates pubescens. AOS 2018 ...... Nuttall’s Woodpecker, Picoides nuttallii ...... Nuttall’s Woodpecker, Dryobates nuttallii. AOS 2018 ...... Ladder-backed Woodpecker, Picoides scalaris ...... Ladder-backed Woodpecker, Dryobates scalaris. AOS 2018 ...... Red-cockaded Woodpecker, Picoides borealis ...... Red-cockaded Woodpecker, Dryobates borealis. AOS 2018 ...... Hairy Woodpecker, Picoides villosus ...... Hairy Woodpecker, Dryobates villosus. AOS 2018 ...... White-headed Woodpecker, Picoides albolarvatus ...... White-headed Woodpecker, Dryobates albolarvatus. AOS 2018 ...... Arizona Woodpecker, Picoides arizonae ...... Arizona Woodpecker, Dryobates arizonae. AOU 2013 ...... Flammulated Owl, Otus flammeolus ...... Flammulated Owl, Psiloscops flammeolus. AOS 2017 ...... Northern Shrike, Lanius excubitor ...... Northern Shrike, Lanius borealis. AOU 2011 ...... Mexican Jay, Aphelocoma ultramarina ...... Mexican Jay, Aphelocoma wollweberi. AOU 2012 ...... Sinaloa Wren, Thryothorus sinaloa ...... Sinaloa Wren, Thryophilus sinaloa. AOS 2018 ...... Siberian Blue Robin, Luscinia cyane ...... Siberian Blue Robin, Larvivora cyane. AOS 2018 ...... Rufous-tailed Robin, Luscinia sibilans ...... Rufous-tailed Robin, Larvivora sibilans. AOS 2018 ...... Bluethroat, Luscinia svecica ...... Bluethroat, Cyanecula svecica. AOS 2018 ...... Siberian Rubythroat, Luscinia calliope ...... Siberian Rubythroat, Calliope calliope. Clements et al. 2015 Chestnut-cheeked Starling, Sturnus phillippensis ...... Chestnut-cheeked Starling, Agropsar philippensis. Clements et al. 2015 White-cheeked Starling, Sturnus cineraceus ...... White-cheeked Starling, Spodiopsar cineraceus. AOU 2013 ...... Gray Silky-flycatcher, Ptilogonys cinereus ...... Gray Silky-flycatcher, Ptiliogonys cinereus. AOU 2012 ...... House Finch, Carpodacus mexicanus ...... House Finch, Haemorhous mexicanus. AOU 2012 ...... Purple Finch, Carpodacus purpureus ...... Purple Finch, Haemorhous purpureus. AOU 2012 ...... Cassin’s Finch, Carpodacus cassinii ...... Cassin’s Finch, Haemorhous cassinii. AOU 2015 ...... American Tree Sparrow, Spizella arborea ...... American Tree Sparrow, Spizelloides arborea. AOS 2018 ...... LeConte’s Sparrow, Ammodramus leconteii ...... LeConte’s Sparrow, Ammospiza leconteii. AOS 2018 ...... Seaside Sparrow, Ammodramus maritima ...... Seaside Sparrow, Ammospiza maritima. AOS 2018 ...... Nelson’s Sparrow, Ammodramus nelsoni ...... Nelson’s Sparrow, Ammospiza nelsoni. AOS 2018 ...... Saltmarsh Sparrow, Ammodramus caudacuta ...... Saltmarsh Sparrow, Ammospiza caudacuta. AOS 2018 ...... Baird’s Sparrow, Ammodramus bairdii ...... Baird’s Sparrow, Centronyx bairdii. AOS 2018 ...... Henslow’s Sparrow, Ammodramus henslowii ...... Henslow’s Sparrow, Centronyx henslowii. AOS 2019 ...... Tennessee Warbler, Oreothlypis peregrina ...... Tennessee Warbler, Leiothlypis peregrina. AOS 2019 ...... Orange-crowned Warbler, Oreothlypis celata ...... Orange-crowned Warbler, Leiothlypis celata. AOS 2019 ...... Colima Warbler, Oreothlypis crissalis ...... Colima Warbler, Leiothlypis crissalis. AOS 2019 ...... Lucy’s Warbler, Oreothlypis luciae ...... Lucy’s Warbler, Leiothlypis luciae. AOS 2019 ...... Nashville Warbler, Oreothlypis ruficapilla ...... Nashville Warbler, Leiothlypis ruficapilla. AOS 2019 ...... Virginia’s Warbler, Oreothlypis virginiae ...... Virginia’s Warbler, Leiothlypis virginiae. AOU 2011 ...... MacGillivray’s Warbler, Oporornis tolmiei ...... MacGillivray’s Warbler, Geothlypis tolmiei. AOU 2011 ...... Mourning Warbler, Oporornis philadelphia ...... Mourning Warbler, Geothlypis philadelphia. AOU 2011 ...... Kentucky Warbler, Oporornis formosus ...... Kentucky Warbler, Geothlypis formosa. AOU 2011 ...... Elfin-woods Warbler, Dendroica angelae ...... Elfin-woods Warbler, Setophaga angelae. AOU 2011 ...... Hooded Warbler, Wilsonia citrina ...... Hooded Warbler, Setophaga citrina. AOU 2011 ...... Kirtland’s Warbler, Dendroica kirtlandii ...... Kirtland’s Warbler, Setophaga kirtlandii. AOU 2011 ...... Cape May Warbler, Dendroica tigrina ...... Cape May Warbler, Setophaga tigrina. AOU 2011 ...... Cerulean Warbler, Dendroica cerulea ...... Cerulean Warbler, Setophaga cerulea. AOU 2011 ...... Northern Parula, Parula americana ...... Northern Parula, Setophaga americana. AOU 2011 ...... Tropical Parula, Parula pitiayumi ...... Tropical Parula, Setophaga pitiayumi. AOU 2011 ...... Magnolia Warbler, Dendroica magnolia ...... Magnolia Warbler, Setophaga magnolia. AOU 2011 ...... Bay-breasted Warbler, Dendroica castanea ...... Bay-breasted Warbler, Setophaga castanea. AOU 2011 ...... Blackburnian Warbler, Dendroica fusca ...... Blackburnian Warbler, Setophaga fusca. AOU 2011 ...... Yellow Warbler, Dendroica petechia ...... Yellow Warbler, Setophaga petechia. AOU 2011 ...... Chestnut-sided Warbler, Dendroica pensylvanica ...... Chestnut-sided Warbler, Setophaga pensylvanica. AOU 2011 ...... Blackpoll Warbler, Dendroica striata ...... Blackpoll Warbler, Setophaga striata. AOU 2011 ...... Black-throated Blue Warbler, Dendroica caerulescens ...... Black-throated Blue Warbler, Setophaga caerulescens. AOU 2011 ...... Palm Warbler, Dendroica palmarum ...... Palm Warbler, Setophaga palmarum. AOU 2011 ...... Pine Warbler, Dendroica pinus ...... Pine Warbler, Setophaga pinus. AOU 2011 ...... Yellow-rumped Warbler, Dendroica coronata ...... Yellow-rumped Warbler, Setophaga coronata. AOU 2011 ...... Yellow-throated Warbler, Dendroica dominica ...... Yellow-throated Warbler, Setophaga dominica. AOU 2011 ...... Prairie Warbler, Dendroica discolor ...... Prairie Warbler, Setophaga discolor. AOU 2011 ...... Adelaide’s Warbler, Dendroica adelaidae ...... Adelaide’s Warbler, Setophaga adelaidae. AOU 2011 ...... Grace’s Warbler, Dendroica graciae ...... Grace’s Warbler, Setophaga graciae. AOU 2011 ...... Black-throated Gray Warbler, Dendroica nigrescens ...... Black-throated Gray Warbler, Setophaga nigrescens. AOU 2011 ...... Townsend’s Warbler, Dendroica townsendi ...... Townsend’s Warbler, Setophaga townsendi. AOU 2011 ...... Hermit Warbler, Dendroica occidentalis ...... Hermit Warbler, Setophaga occidentalis.

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Publication source and year Previous common name Current common name

AOU 2011 ...... Golden-cheeked Warbler, Dendroica chrysoparia ...... Golden-cheeked Warbler, Setophaga chrysoparia. AOU 2011 ...... Black-throated Green Warbler, Dendroica virens ...... Black-throated Green Warbler, Setophaga virens. AOU 2011 ...... Fan-tailed Warbler, Euthlypis lachrymosa ...... Fan-tailed Warbler, Basileuterus lachrymosus. AOU 2011 ...... Canada Warbler, Wilsonia canadensis ...... Canada Warbler, Cardellina canadensis. AOU 2011 ...... Wilson’s Warbler, Wilsonia pusilla ...... Wilson’s Warbler, Cardellina pusilla. AOS 2019 ...... Black-faced Grassquit, Tiaris bicolor ...... Black-faced Grassquit, Melanospiza bicolor. AOS 2018 ...... Puerto Rican Bullfinch, Loxigilla portoricensis ...... Puerto Rican Bullfinch, Melopyrrha portoricensis. Clements et al. 2017 Friendly Ground-Dove, Gallicolumba stairi ...... Shy Ground-Dove, Alopecoenas stairi. Clements et al. 2006 Micronesian Kingfisher, Todirhamphus cinnamominus ...... Guam Kingfisher, Todiramphus cinnamominus. Clements et al. 2006, Nightingale Reed-Warbler, Acrocephalus luscinia ...... Nightingale Reed Warbler, Acrocephalus luscinius. 2017. AOU 2015 ...... Akiapolaau, Hemignathus munroi ...... 1Akiapola1au, Hemignathus wilsoni. AOU 2015 ...... Greater Akialoa, Hemignathus ellisianus ...... O1ahu 1Akialoa, Akialoa ellisiana. AOU 2015 ...... Hawaii Amakihi, Hemignathus virens ...... Hawaii 1Amakihi, Chlorodrepanis virens. AOU 2015 ...... Oahu Amakihi, Hemignathus flavus ...... O1ahu 1Amakihi, Chlorodrepanis flava. AOU 2015 ...... Kauai Amakihi, Hemignathus kauaiensis ...... Kauai 1Amakihi, Chlorodrepanis stejnegeri. AOU 2012, 2013 ...... Sage Sparrow, Amphispiza belli ...... Bell’s Sparrow, Artemisiospiza belli.

How do the changes adopted in this the AOS (1998, 2019) and is most useful other families not represented in the rule differ from those described in the to ornithologists and other scientists. United States or U.S. territories. proposed rule? What species are not protected by the Summary of Comments and Responses On November 28, 2018, we published Migratory Bird Treaty Act? On November 28, 2018, we published in the Federal Register (83 FR 61288) a The MBTA does not apply to: in the Federal Register (83 FR 61288) a proposed rule to revise the list of (1) Nonnative species introduced into proposed rule to revise the list of migratory birds at 50 CFR 10.13; we the United States or U.S. territories by migratory birds at 50 CFR 10.13; we accepted public comments on the means of intentional or unintentional accepted public comments on the proposed rule for 60 days, ending human assistance that belong to families proposed rule for 60 days, ending January 28, 2019. Subsequently, on or groups covered by the Canadian, January 28, 2019. We received eight November 12, 2019, we published in the Mexican, or Russian Conventions. comments in response to the proposed Federal Register (84 FR 60998) a revised Elsewhere in today’s Federal Register, rule; seven were from private proposed rule, and we accepted we publish the revised list of nonnative individuals, one was from an comments on our proposed revisions for bird species that are not protected under organization. Subsequently, on 30 days, ending December 12, 2019. the MBTA. Note, though, that native November 12, 2019, we published in the Taken together, our publications, the species introduced into parts of the Federal Register (84 FR 60998) a revised November 28, 2018, proposed rule, as United States where they are not native proposed rule, and we accepted revised by the November 12, 2019, are still protected under the MBTA comments on our proposed revisions for revised proposed rule, include all the regardless of where they occur in the 30 days, ending December 12, 2019. We changes adopted in this rule with one United States or U.S. territories (e.g., received two comments in response to exception: On the taxonomic list, we are cattle egrets in Hawaii). the revised proposed rule; one was from correcting the scientific name of the (2) Species native or nonnative to the a private individual, one was from an Puerto Rican bullfinch from Loxigilla United States or U.S. territories that organization. The following text portoricensis to Melopyrrha either belong to families or groups not discusses the substantive comments we portoricensis. referred to in the Canada, Mexico, and received and provides our responses. Russia Conventions or are not included How is the List of Migratory Birds Comment (1): One individual organized? by species name in the Japan Convention. This includes the requested that the list be available in a The species are listed in two formats Tinamidae (tinamous), Megapodiidae more user-friendly format. to suit the needs of different segments (megapodes), Cracidae (chachalacas), Response: As noted above, in the of the public: Alphabetically in 50 CFR Odontophoridae (New World quail), Code of Federal Regulations (CFR), the 10.13(c)(1) and taxonomically in 50 CFR Phasianidae (grouse, ptarmigan, and list is provided in two formats for 10.13(c)(2). In the alphabetical listing, turkeys), Pteroclidae (sandgrouse), different needs. One format is ordered species are listed by common (English) Heliornithidae (finfoots), Burhinidae alphabetically by group (English) name group names, with the scientific name (thick-knees), Glareolidae (pratincoles), and the other is in taxonomic order. For of each species following the English Todidae (todies), Psittacidae (parrots), informational purposes only, we also group name. This format, similar to that Psittaculidae (Old World parrots), provide a downloadable list online at used in modern telephone directories, is Meliphagidae (honeyeaters), Dicruridae https://www.fws.gov/birds/ most useful to members of the lay (drongos), Monarchidae (monarchs), management/managed-species/ public. In the taxonomic listing, species Pycnonotidae (bulbuls), Scotocercidae migratory-bird-treaty-act-protected- are listed in phylogenetic sequence by (bush warblers and allies), Zosteropidae species.php, in a spreadsheet format scientific name, with the English name (white-eyes), Sturnidae (starlings, that includes multiple fields to allow for following the scientific name. To help except as listed in Japanese treaty), easy sorting and searching for users clarify species relationships, we also list Ploceidae (weavers), Estrildidae comfortable working with this format. the higher-level taxonomic categories of (estrildid finches), and Passeridae (Old Comment (2): One individual Order, Family, and Subfamily. This World sparrows, including house or requested that we clarify why we are format follows the sequence adopted by English sparrow), as well as numerous adding to the List the 16 species that we

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say qualify for protection by the MBTA taking that requires compensation under United States or U.S. Territories is thus but have not been added previously. the Just Compensation Clause of the the threshold to qualify a species for Response: For this update, the Service Fifth Amendment. protection by the MBTA. reviewed previously excluded AOS Regarding the second bullet, we taxonomic updates using contemporary apologize for the incorrect citations in Required Determinations scientific literature to make its the November 28, 2018, proposed rule; Regulatory Planning and Review determinations. For species that we are they were corrected and described Executive Order (E.O.) 12866 provides adding based on evidence of natural individually in the November 12, 2019, that the Office of Information and distribution in the United States or U.S. revised proposed rule, for which we Regulatory Affairs (OIRA) in the Office territories, the Service reviewed accepted public comment for 30 days, of Management and Budget will review historical scientific literature prompted and they are correct in this final rule. all significant rules. OIRA has by recommendations made by Service Regarding the third and fourth bullets, determined that this rule is not staff with ornithological expertise and which we combine because they are significant. knowledge of species’ natural interrelated with regard to the process E.O. 13563 reaffirms the principles of distribution. the Service follows for determining Comment (3): One individual species protected by the MBTA, the E.O. 12866, while calling for commented on the importance of Service must rely on accepted scientific improvements in the nation’s regulatory updating the List of Migratory Birds for authorities and best available science system to promote predictability, to the public to be informed of what when feasible. The Service has reduce uncertainty, and to use the best, species are protected and to provide determined that the checklist published most innovative, and least burdensome clarification about the taxonomy of by the AOS is the best available science tools for achieving regulatory ends. E.O. species. and a primary resource from which to 13563 directs agencies to consider Response: The Service agrees that it is reference updates in taxonomy and regulatory approaches that reduce important to maintain a current List of natural distribution for the reasons burdens and maintain flexibility and Migratory Birds that reflects the best outlined above under What Scientific freedom of choice for the public where available science and can inform the Authorities Are Used to Amend the List these approaches are relevant, feasible, American public of the species that are of Migratory Birds? The Service reviews and consistent with regulatory protected by the MBTA. and makes its own determinations for objectives. E.O. 13563 emphasizes Comment (4): One commenter made inclusion and updates to the list of further that regulations must be based the following comments: protected migratory bird species, as on the best available science and that D The proposed action of the Service evidenced by the Service not the rulemaking process must allow for implicates the Just Compensation recognizing ackling Gogose, Branta public participation and an open Clause of the Fifth Amendment; as a hutchinsii, as a distinct species for exchange of ideas. We have developed result, the action is not in compliance protection until this update when the this rule in a manner consistent with with Executive Order 12630 as it has AOU made this determination in its these requirements. significant takings implications. 2004 supplement (see our response to Executive Order 13771—Reducing D The Service has provided the public comments in 78 FR 65844, November 1, Regulation and Controlling Regulatory with no meaningful opportunity to 2013, at p. 78 FR 65849). Copies of the Costs comment due to incorrect citations. AOS checklist and supplements are D The Service has provided the public publicly available, and these This rule is not an Executive Order with no meaningful opportunity to publications cite published resources (E.O.) 13771 (82 FR 9339, February 3, comment because the correct citations used in the committee deliberations that 2017) regulatory action because this rule are conclusory summations without are also considered by the Service for is not significant under E.O. 12866. details relating to the factual this rulemaking. Persons wishing to Regulatory Flexibility Act (5 U.S.C. 601 determinations. obtain more information about et seq.) D The Service has unlawfully deliberations and evidence used by the delegated its decision-making authority AOS in their determinations should Under the Regulatory Flexibility Act to a private organization. contact AOS directly. The Service also (5 U.S.C. 601 et seq., as amended by the D The Service is unlawfully applying solicits public comments through a Small Business Regulatory Enforcement the MBTA by misinterpreting the plain proposed rule when we make revisions Fairness Act (SBREFA) of 1996 (5 U.S.C. language meaning of the term to the list of protected species to obtain 804(2)), whenever an agency is required ‘‘occurring.’’ any additional information the public to publish a notice of rulemaking for Response: Regarding the first bullet, wishes to provide to aid us in our any proposed or final rule, it must there are no takings implications decision-making. prepare and make available for public stemming from this rulemaking. Under Regarding the fifth bullet, the use of comment a regulatory flexibility 50 CFR 21.2, migratory birds that are the word ‘‘occurring’’ is ambiguous in analysis that describes the effect of the lawfully acquired prior to the effective the legislative history, and there is no rule on small entities (i.e., small date of Federal protection under the evidence that Congress was concerned businesses, small organizations, and MBTA (in this case, their addition to the with the number of records small government jurisdictions). List of Migratory Birds at 50 CFR 10.13) documenting a species’ natural However, no regulatory flexibility may continue to be possessed or occurrence in the United States or U.S. analysis is required if the head of an transported without a permit. However, Territories. There is also no established agency certifies the rule will not have a 50 CFR 21.2 prohibits import, export, or accepted scientific process to significant economic impact on a purchase, sale, barter, or offer for determine a species is occurring in the substantial number of small entities. purchase, sale, or barter of those United States or U.S. Territories based SBREFA amended the Regulatory species. The Supreme Court held in on an undefined threshold number of Flexibility Act to require Federal Andrus v. Allard, 444 U.S. 51, 65–68 documented records. A single agencies to provide the statement of the (1979), that the prohibitions in 50 CFR documented, reviewed, and accepted factual basis for certifying that a rule 21.2 do not amount to a regulatory record of natural occurrence in the will not have a significant economic

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impact on a substantial number of small Federalism effects. The revisions to existing entities. We have examined this rule’s This rule does not have sufficient regulations in this rule are purely potential effects on small entities as Federalism effects to warrant administrative in nature and do not required by the Regulatory Flexibility preparation of a federalism summary interfere with the tribes’ ability to Act, and have determined that this impact statement under Executive Order manage themselves or their funds or to action will not have a significant 13132. It does not interfere with the regulate migratory bird activities on economic impact on a substantial States’ ability to manage themselves or tribal lands. number of small entities. This rule is an their funds. No significant economic Energy Supply, Distribution, or Use administrative action to update the list impacts are expected to result from the (Executive Order 13211) of migratory bird species protected updating of the list of migratory bird under the Conventions. Consequently, species. On May 18, 2001, the President issued we certify that this rule will not have a Executive Order 13211 addressing significant economic impact on a Civil Justice Reform regulations that significantly affect substantial number of small entities; In accordance with Executive Order energy supply, distribution, or use. therefore, a regulatory flexibility 12988, the Office of the Solicitor has Executive Order 13211 requires agencies analysis is not required. determined that this rule does not to prepare Statements of Energy Effects when undertaking certain actions. This rule is not a major rule under unduly burden the judicial system and Because this rule will only affect the SBREFA (5 U.S.C. 804(2)). It will not meets the requirements of sections 3(a) listing of protected species in the United have a significant impact on a and 3(b)(2) of the Order. States, it is not a significant regulatory substantial number of small entities. Paperwork Reduction Act action under Executive Order 12866, a. This rule will not have an annual This rule does not contain and does not significantly affect energy effect on the economy of $100 million information collection requirements, supplies, distribution, or use. Therefore, or more. and a submission to the Office of this action is not a significant energy b. This rule will not cause a major Management and Budget (OMB) under action and no Statement of Energy increase in costs or prices for the Paperwork Reduction Act of 1995 Effects is required. (44 U.S.C. 3501 et seq.) is not required. consumers, individual industries, References Cited Federal, State, or local government We may not conduct or sponsor and you agencies, or geographic regions. are not required to respond to a A complete list of all references cited is available on http:// c. This rule will not have significant collection of information unless it www.regulations.gov under Docket No. adverse effects on competition, displays a currently valid OMB control FWS–HQ–MB–2018–0047, and upon employment, investment, productivity, number. request (see FOR FURTHER INFORMATION innovation, or the ability of U.S.-based National Environmental Policy Act CONTACT, above). enterprises to compete with foreign- (NEPA) based enterprises. Given that the revision of 50 CFR List of Subjects in Part 10 Unfunded Mandates Reform Act 10.13 is strictly administrative in nature Exports, Fish, Imports, Law and will have no or minor enforcement, Plants, Transportation, In accordance with the Unfunded environmental effects, it is categorically Wildlife. Mandates Reform Act (2 U.S.C. 1501 et excluded from further NEPA Regulation Promulgation seq.), we have determined the following: requirements (43 CFR 46.210(i)). For the reasons discussed in the a. This rule will not ‘‘significantly or Endangered Species Act (ESA) uniquely’’ affect small governments. A preamble, we amend title 50, chapter I, small government agency plan is not Of the species on the List of Migratory subchapter B, part 10 of the Code of required. This rule is an administrative Birds, 102 species, subspecies, or Federal Regulations, as follows: action to update the list of migratory distinct population segments are also PART 10—GENERAL PROVISIONS bird species protected under the listed as endangered or threatened under section 4 of the ESA of 1973, as Conventions; it will not affect small ■ amended (16 U.S.C. 1531 et seq.). No 1. The authority citation for part 10 government activities in any significant continues to read as follows: way. legal complications arise from the dual listing as the two lists are developed Authority: 16 U.S.C. 668a–d, 703–712, b. This rule will not produce a under separate authorities and for 742a–j–l, 1361–1384, 1401–1407, 1531–1543, Federal mandate of $100 million or different purposes. Because this rule is 3371–3378; 18 U.S.C. 42; 19 U.S.C. 1202. greater in any year; i.e., it is not a strictly administrative in nature, it has ■ 2. Amend § 10.13 by revising ‘‘significant regulatory action’’ under no effect on endangered or threatened paragraph (c) to read as follows: the Unfunded Mandates Reform Act. species. Thus, it does not require § 10.13 List of Migratory Birds. Takings consultation under section 7 of the ESA. * * * * * Under Executive Order 12630, this Government-to-Government (c) What species are protected as rule does not have significant takings Relationship With Tribes migratory birds? Species protected as implications. While certain activities In accordance with the President’s migratory birds are listed in two formats that were previously unregulated will memorandum of April 29, 1994, to suit the varying needs of the user: now be regulated, possession and ‘‘Government-to-Government Relations Alphabetically in paragraph (c)(1) of transport of migratory bird species with Native American tribal this section and taxonomically in acquired prior to being added to the List Governments’’ (59 FR 22951), Executive paragraph (c)(2) of this section. of Migratory Birds in this rulemaking Order 13175, and 512 DM 2, we have Taxonomy and nomenclature generally will remain unregulated under Federal evaluated potential effects on federally follow the 7th edition of the American law. Therefore, a takings implication recognized Indian tribes and have Ornithologists’ Union’s (AOU, now assessment is not required. determined that there are no potential recognized as American Ornithological

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Society (AOS)) Check-list of North Least, Ixobrychus exilis CHAT, Yellow-breasted, Icteria virens American birds (1998, as amended Schrenck’s, Ixobrychus eurhythmus CHICKADEE, Black-capped, Poecile through 2019). For species not treated Yellow, Ixobrychus sinensis atricapillus by the AOS Check-list, we generally BLACKBIRD, Brewer’s, Euphagus Boreal, Poecile hudsonicus follow Clements Checklist of Birds of cyanocephalus Carolina, Poecile carolinensis the World (Clements et al. 2017). Red-winged, Agelaius phoeniceus Chestnut-backed, Poecile rufescens (1) Alphabetical listing. Species are Rusty, Euphagus carolinus Gray-headed, Poecile cinctus listed alphabetically by common Tawny-shouldered, Agelaius Mexican, Poecile sclateri (English) group names, with the humeralis Mountain, Poecile gambeli scientific name of each species Tricolored, Agelaius tricolor CHIFFCHAFF, Common, Phylloscopus following the common name. Yellow-headed, Xanthocephalus collybita CHUCK-WILL’S-WIDOW, Antrostomus ACCENTOR, Siberian, Prunella xanthocephalus Yellow-shouldered, Agelaius carolinensis montanella CONDOR, California, Gymnogyps 1 1 xanthomus AKEKE E, Loxops caeruleirostris californianus 1AKEPA, Hawaii, Loxops coccineus BLUEBIRD, Eastern, Sialia sialis Mountain, Sialia currucoides COOT, American, Fulica americana Maui, Loxops ochraceus Eurasian, Fulica atra O1ahu, Loxops wolstenholmei Western, Sialia mexicana BLUETAIL, Red-flanked, Tarsiger Hawaiian, Fulica alai 1AKIALOA, Kauai, Akialoa stejnegeri cyanurus CORMORANT, Brandt’s, Phalacrocorax Maui Nui, Akialoa lanaiensis BLUETHROAT, Cyanecula svecica penicillatus O1ahu, Akialoa ellisiana BOBOLINK, Dolichonyx oryzivorus Double-crested, Phalacrocorax auritus 1AKIAPOLA1AU, Hemignathus wilsoni BOOBOOK, Northern, Ninox japonica Great, Phalacrocorax carbo 1AKIKIKI, Oreomystis bairdi Little Pied, Phalacrocorax 1 BOOBY, Abbott’s, Papasula abbotti AKOHEKOHE, Palmeria dolei Blue-footed, Sula nebouxii melanoleucos 1 ALAUAHIO, Maui, Paroreomyza Brown, Sula leucogaster Neotropic, Phalacrocorax brasilianus montana Masked, Sula dactylatra Pelagic, Phalacrocorax pelagicus 1 O ahu, Paroreomyza maculata Nazca, Sula granti Red-faced, Phalacrocorax urile ALBATROSS, Black-browed, Red-footed, Sula sula COWBIRD, Bronzed, Molothrus aeneus Thalassarche melanophris BRAMBLING, Fringilla montifringilla Brown-headed, Molothrus ater Black-footed, Phoebastria nigripes BRANT, Branta bernicla Shiny, Molothrus bonariensis Chatham, Thalassarche eremita BUFFLEHEAD, Bucephala albeola CRAKE, Corn, Crex crex Laysan, Phoebastria immutabilis BULLFINCH, Eurasian, Pyrrhula Paint-billed, Neocrex erythrops Light-mantled, Phoebetria palpebrata pyrrhula Spotless, Porzana tabuensis Salvin’s, Thalassarche salvini Puerto Rican, Melopyrrha Yellow-breasted, Hapalocrex Short-tailed, Phoebastria albatrus portoricensis flaviventer Wandering, Diomedea exulans BUNTING, Blue, Cyanocompsa CRANE, Common, Grus grus White-capped, Thalassarche cauta parellina Sandhill, Antigone canadensis Whooping, Grus americana Yellow-nosed, Thalassarche Gray, Emberiza variabilis CREEPER, Brown, Certhia americana chlororhynchos Indigo, Passerina cyanea Hawaii, Loxops mana 1AMAKIHI, Hawaii, Chlorodrepanis Lark, Calamospiza melanocorys CROSSBILL, Cassia, Loxia sinesciuris virens Lazuli, Passerina amoena Kauai, Chlorodrepanis stejnegeri Red, Loxia curvirostra Little, Emberiza pusilla White-winged, Loxia leucoptera O1ahu, Chlorodrepanis flava McKay’s, Plectrophenax hyperboreus ANHINGA, Anhinga anhinga CROW, American, Corvus Painted, Passerina ciris brachyrhynchos ANI, Groove-billed, Crotophaga Pallas’s, Emberiza pallasi sulcirostris Fish, Corvus ossifragus Pine, Emberiza leucocephalos Hawaiian, Corvus hawaiiensis Smooth-billed, Crotophaga ani Reed, Emberiza schoeniclus Mariana, Corvus kubaryi 1ANIANIAU, Magumma parva Rustic, Emberiza rustica Northwestern, Corvus caurinus 1APAPANE, Himatione sanguinea Snow, Plectrophenax nivalis Tamaulipas, Corvus imparatus AUKLET, Cassin’s, Ptychoramphus Varied, Passerina versicolor White-necked, Corvus aleuticus Yellow-breasted, Emberiza aureola leucognaphalus Crested, Aethia cristatella Yellow-browed, Emberiza CUCKOO, Black-billed, Coccyzus Least, Aethia pusilla chrysophrys erythropthalmus Parakeet, Aethia psittacula Yellow-throated, Emberiza elegans Common, Cuculus canorus Rhinoceros, Cerorhinca monocerata BUSHTIT, Psaltriparus minimus Mangrove, Coccyzus minor Whiskered, Aethia pygmaea BUZZARD, Gray-faced, Butastur indicus Oriental, Cuculus optatus AVOCET, American, Recurvirostra CANVASBACK, Aythya valisineria Yellow-billed, Coccyzus americanus americana CARACARA, Crested, Caracara CURLEW, Bristle-thighed, Numenius BANANAQUIT, Coereba flaveola cheriway tahitiensis BEAN–GOOSE, Taiga, Anser fabalis CARDINAL, Northern, Cardinalis Eskimo, Numenius borealis Tundra, Anser serrirostris cardinalis Eurasian, Numenius arquata BEARDLESS–TYRANNULET, Northern, CARIB, Green-throated, Eulampis Far Eastern, Numenius Camptostoma imberbe holosericeus madagascariensis BECARD, Gray-collared, Pachyramphus Purple-throated, Eulampis jugularis Little, Numenius minutus major CATBIRD, Black, Melanoptila Long-billed, Numenius americanus Rose-throated, Pachyramphus aglaiae glabrirostris DICKCISSEL, Spiza americana BITTERN, American, Botaurus Gray, Dumetella carolinensis DIPPER, American, Cinclus mexicanus lentiginosus CHAFFINCH, Common, Fringilla DOTTEREL, Eurasian, Charadrius Black, Ixobrychus flavicollis coelebs morinellus

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DOVE, Common Ground, Columbina Asian Brown, Muscicapa dauurica GOLDFINCH, American, Spinus tristis passerina Brown-crested, Myiarchus tyrannulus Lawrence’s, Spinus lawrencei Inca, Columbina inca Buff-breasted, Empidonax fulvifrons Lesser, Spinus psaltria Mourning, Zenaida macroura Cordilleran, Empidonax occidentalis GOOSE, Barnacle, Branta leucopsis Ruddy Ground, Columbina talpacoti Crowned Slaty, Empidonomus Cackling, Branta hutchinsii White-tipped, Leptotila verreauxi aurantioatrocristatus Canada, Branta canadensis White-winged, Zenaida asiatica Dark-sided, Muscicapa sibirica Emperor, Anser canagicus Zenaida, Zenaida aurita Dusky, Empidonax oberholseri Greater White-fronted, Anser albifrons DOVEKIE, Alle alle Dusky-capped, Myiarchus tuberculifer Hawaiian, Branta sandvicensis DOWITCHER, Long-billed, Fork-tailed, Tyrannus savana Lesser White-fronted, Anser Limnodromus scolopaceus Gray, Empidonax wrightii erythropus Short-billed, Limnodromus griseus Gray-streaked, Muscicapa griseisticta Pink-footed, Anser brachyrhynchus DUCK, American Black, Anas rubripes Great Crested, Myiarchus crinitus Ross’s, Anser rossii Eastern Spot-billed, Anas Hammond’s, Empidonax hammondii Snow, Anser caerulescens zonorhyncha La Sagra’s, Myiarchus sagrae GOSHAWK, Northern, Accipiter gentilis Falcated, Mareca falcata Least, Empidonax minimus GRACKLE, Boat-tailed, Quiscalus major Harlequin, Histrionicus histrionicus Mugimaki, Ficedula mugimaki Common, Quiscalus quiscula Hawaiian, Anas wyvilliana Narcissus, Ficedula narcissina Greater Antillean, Quiscalus niger Laysan, Anas laysanensis Nutting’s, Myiarchus nuttingi Great-tailed, Quiscalus mexicanus Long-tailed, Clangula hyemalis Olive-sided, Contopus cooperi GRASSHOPPER-WARBLER, Masked, Nomonyx dominicus Pacific-slope, Empidonax difficilis Middendorff’s, Locustella Mottled, Anas fulvigula Pine, Empidonax affinis ochotensis Muscovy, Cairina moschata Piratic, Legatus leucophaius GRASSQUIT, Black-faced, Melanospiza Pacific Black, Anas superciliosa Puerto Rican, Myiarchus antillarum bicolor Ring-necked, Aythya collaris Scissor-tailed, Tyrannus forficatus Yellow-faced, Tiaris olivaceus Ruddy, Oxyura jamaicensis Social, Myiozetetes similis GREBE, Clark’s, Aechmophorus clarkii Tufted, Aythya fuligula Spotted, Muscicapa striata Eared, Podiceps nigricollis Wood, Aix sponsa Sulphur-bellied, Myiodynastes Horned, Podiceps auritus DUNLIN, Calidris alpina luteiventris Least, Tachybaptus dominicus EAGLE, Bald, Haliaeetus leucocephalus Taiga, Ficedula albicilla Pied-billed, Podilymbus podiceps Golden, Aquila chrysaetos Tufted, Mitrephanes phaeocercus Red-necked, Podiceps grisegena White-tailed, Haliaeetus albicilla Variegated, Empidonomus varius Western, Aechmophorus occidentalis EGRET, Cattle, Bubulcus ibis Vermilion, Pyrocephalus rubinus GREENFINCH, Oriental, Chloris sinica Chinese, Egretta eulophotes Willow, Empidonax traillii GREENSHANK, Common, Tringa Great, Ardea alba Yellow-bellied, Empidonax nebularia Intermediate, Ardea intermedia flaviventris Nordmann’s, Tringa guttifer Little, Egretta garzetta FOREST-FALCON, Collared, Micrastur GROSBEAK, Black-headed, Pheucticus Reddish, Egretta rufescens semitorquatus melanocephalus Snowy, Egretta thula FRIGATEBIRD, Great, Fregata minor Blue, Passerina caerulea EIDER, Common, Somateria mollissima Lesser, Fregata ariel Crimson-collared, Rhodothraupis King, Somateria spectabilis Magnificent, Fregata magnificens celaeno Spectacled, Somateria fischeri FRUIT-DOVE, Crimson-crowned, Evening, Coccothraustes vespertinus Steller’s, Polysticta stelleri Ptilinopus porphyraceus Pine, Pinicola enucleator ELAENIA, Caribbean, Elaenia martinica Many-colored, Ptilinopus perousii Rose-breasted, Pheucticus Greenish, Myiopagis viridicata Mariana, Ptilinopus roseicapilla ludovicianus White-crested, Elaenia albiceps FULMAR, Northern, Fulmarus glacialis Yellow, Pheucticus chrysopeplus EMERALD, Puerto Rican, Chlorostilbon GADWALL, Mareca strepera GROUND-DOVE, Shy, Alopecoenas maugaeus GALLINULE, Azure, Porphyrio stairi EUPHONIA, Antillean, Euphonia flavirostris White-throated, Alopecoenas musica Common, Gallinula galeata xanthonurus FALCON, Amur, Falco amurensis Purple, Porphyrio martinicus GUILLEMOT, Black, Cepphus grylle Aplomado, Falco femoralis GANNET, Northern, Morus bassanus Pigeon, Cepphus columba Peregrine, Falco peregrinus GARGANEY, Spatula querquedula GULL, Belcher’s, Larus belcheri Prairie, Falco mexicanus GNATCATCHER, Black-capped, Black-headed, Chroicocephalus Red-footed, Falco vespertinus Polioptila nigriceps ridibundus FIELDFARE, Turdus pilaris Black-tailed, Polioptila melanura Black-tailed, Larus crassirostris FINCH, Cassin’s, Haemorhous cassinii Blue-Gray, Polioptila caerulea Bonaparte’s, Chroicocephalus House, Haemorhous mexicanus California, Polioptila californica philadelphia Laysan, Telespiza cantans GODWIT, Bar-tailed, Limosa lapponica California, Larus californicus Nihoa, Telespiza ultima Black-tailed, Limosa limosa Franklin’s, Leucophaeus pipixcan Purple, Haemorhous purpureus Hudsonian, Limosa haemastica Glaucous, Larus hyperboreus FLAMINGO, American, Phoenicopterus Marbled, Limosa fedoa Glaucous-winged, Larus glaucescens ruber GOLDENEYE, Barrow’s, Bucephala Gray-hooded, Chroicocephalus FLICKER, Gilded, Colaptes chrysoides islandica cirrocephalus Northern, Colaptes auratus Common, Bucephala clangula Great Black-backed, Larus marinus FLYCATCHER, Acadian, Empidonax GOLDEN-PLOVER, American, Pluvialis Heermann’s, Larus heermanni virescens dominica Herring, Larus argentatus Alder, Empidonax alnorum European, Pluvialis apricaria Iceland, Larus glaucoides Ash-throated, Myiarchus cinerascens Pacific, Pluvialis fulva Ivory, Pagophila eburnea

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Kelp, Larus dominicanus Rufous, Selasphorus rufus LAPWING, Northern, Vanellus vanellus Laughing, Leucophaeus atricilla Vervain, Mellisuga minima LARK, Horned, Eremophila alpestris Lesser Black-backed, Larus fuscus Violet-crowned, Amazilia violiceps LIMPKIN, Aramus guarauna Little, Hydrocoloeus minutus White-eared, Hylocharis leucotis LIZARD-CUCKOO, Puerto Rican, Mew, Larus canus Xantus’s, Hylocharis xantusii Coccyzus vieilloti Ring-billed, Larus delawarensis IBIS, Glossy, Plegadis falcinellus LONGSPUR, Chestnut-collared, Ross’s, Rhodostethia rosea Scarlet, Eudocimus ruber Calcarius ornatus Sabine’s, Xema sabini White, Eudocimus albus Lapland, Calcarius lapponicus Slaty-backed, Larus schistisagus White-faced, Plegadis chihi McCown’s, Rhynchophanes mccownii Swallow-tailed, Creagrus furcatus 1I1IWI, Drepanis coccinea Smith’s, Calcarius pictus Western, Larus occidentalis IMPERIAL-PIGEON, Pacific, Ducula LOON, Arctic, Gavia arctica Yellow-footed, Larus livens pacifica Common, Gavia immer Yellow-legged, Larus michahellis JABIRU, Jabiru mycteria Pacific, Gavia pacifica GYRFALCON, Falco rusticolus JACANA, Northern, Jacana spinosa Red-throated, Gavia stellata HARRIER, Northern, Circus hudsonius JACKDAW, Eurasian, Corvus monedula Yellow-billed, Gavia adamsii HAWFINCH, Coccothraustes JAEGER, Long-tailed, Stercorarius MAGPIE, Black-billed, Pica hudsonia coccothraustes longicaudus Yellow-billed, Pica nuttalli HAWK, Broad-winged, Buteo Parasitic, Stercorarius parasiticus MALLARD, Anas platyrhynchos platypterus Pomarine, Stercorarius pomarinus MANGO, Antillean, Anthracothorax Common Black, Buteogallus JAY, Blue, Cyanocitta cristata dominicus anthracinus Brown, Psilorhinus morio Green, Anthracothorax viridis Cooper’s, Accipiter cooperii Canada, Perisoreus canadensis Green-breasted, Anthracothorax Crane, Geranospiza caerulescens Green, Cyanocorax yncas prevostii Ferruginous, Buteo regalis Mexican, Aphelocoma wollweberi MARSH-HARRIER, Eastern, Circus Gray, Buteo plagiatus Pinyon, Gymnorhinus cyanocephalus spilonotus Great Black, Buteogallus urubitinga Steller’s, Cyanocitta stelleri MARTIN, Brown-chested, Progne tapera Harris’s, Parabuteo unicinctus JUNCO, Dark-eyed, Junco hyemalis Caribbean, Progne dominicensis Hawaiian, Buteo solitarius Yellow-eyed, Junco phaeonotus Cuban, Progne cryptoleuca KA¯ KA¯ WAHIE, Paroreomyza flammea Red-shouldered, Buteo lineatus ¯ Gray-breasted, Progne chalybea Red-tailed, Buteo jamaicensis KAMA‘O, Myadestes myadestinus Purple, Progne subis Roadside, Rupornis magnirostris KESTREL, American, Falco sparverius Southern, Progne elegans Rough-legged, Buteo lagopus Eurasian, Falco tinnunculus MEADOWLARK, Eastern, Sturnella Sharp-shinned, Accipiter striatus KILLDEER, Charadrius vociferus magna Short-tailed, Buteo brachyurus KINGBIRD, Cassin’s, Tyrannus Western, Sturnella neglecta Swainson’s, Buteo swainsoni vociferans MERGANSER, Common, Mergus White-tailed, Geranoaetus Couch’s, Tyrannus couchii merganser Eastern, Tyrannus tyrannus albicaudatus Hooded, Lophodytes cucullatus Gray, Tyrannus dominicensis Zone-tailed, Buteo albonotatus Red-breasted, Mergus serrator Loggerhead, Tyrannus caudifasciatus HAWK-CUCKOO, Hodgson’s, MERLIN, Falco columbarius Thick-billed, Tyrannus crassirostris MILLERBIRD, Acrocephalus familiaris Hierococcyx nisicolor Tropical, Tyrannus melancholicus MOCKINGBIRD, Bahama, Mimus HERON, Gray, Ardea cinerea Western, Tyrannus verticalis Great Blue, Ardea herodias KINGFISHER, Amazon, Chloroceryle gundlachii Green, Butorides virescens amazona Blue, Melanotis caerulescens Little Blue, Egretta caerulea Belted, Megaceryle alcyon Northern, Mimus polyglottos Tricolored, Egretta tricolor Common, Alcedo atthis MOORHEN, Common, Gallinula HOBBY, Eurasian, Falco subbuteo Green, Chloroceryle americana chloropus HONEYCREEPER, Laysan, Himatione Guam, Todiramphus cinnamominus MOUNTAIN-GEM, Amethyst-throated, fraithii Mariana, Todiramphus albicilla Lampornis amethystinus Red-legged, Cyanerpes cyaneus Pacific, Todiramphus sacer Blue-throated, Lampornis clemenciae HOOPOE, Eurasian, Upupa epops Ringed, Megaceryle torquata MURRE, Common, Uria aalge HOUSE-MARTIN, Common, Delichon KINGLET, Golden-crowned, Regulus Thick-billed, Uria lomvia urbicum satrapa MURRELET, Ancient, HUMMINGBIRD, Allen’s, Selasphorus Ruby-crowned, Regulus calendula Synthliboramphus antiquus sasin KISKADEE, Great, Pitangus sulphuratus Craveri’s, Synthliboramphus craveri Anna’s, Calypte anna KITE, Black, Milvus migrans Guadalupe, Synthliboramphus Antillean Crested, Orthorhyncus Double-toothed, Harpagus bidentatus hypoleucus cristatus Hook-billed, Chondrohierax Kittlitz’s, Brachyramphus brevirostris Berylline, Amazilia beryllina uncinatus Long-billed, Brachyramphus perdix Black-chinned, Archilochus alexandri Mississippi, Ictinia mississippiensis Marbled, Brachyramphus marmoratus Broad-billed, Cynanthus latirostris Snail, Rostrhamus sociabilis Scripps’s, Synthliboramphus scrippsi Broad-tailed, Selasphorus platycercus Swallow-tailed, Elanoides forficatus NEEDLETAIL, White-throated, Buff-bellied, Amazilia yucatanensis White-tailed, Elanus leucurus Hirundapus caudacutus Bumblebee, Atthis heloisa KITTIWAKE, Black-legged, Rissa NIGHTHAWK, Antillean, Chordeiles Calliope, Selasphorus calliope tridactyla gundlachii Cinnamon, Amazilia rutila Red-legged, Rissa brevirostris Common, Chordeiles minor Costa’s, Calypte costae KNOT, Great, Calidris tenuirostris Lesser, Chordeiles acutipennis Lucifer, Calothorax lucifer Red, Calidris canutus NIGHT-HERON, Black-crowned, Rivoli’s, Eugenes fulgens KOEL, Long-tailed, Urodynamis Nycticorax nycticorax Ruby-throated, Archilochus colubris taitensis Japanese, Gorsachius goisagi

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Malayan, Gorsachius melanolophus PARULA, Northern, Setophaga Mountain, Charadrius montanus Rufous, Nycticorax caledonicus americana Piping, Charadrius melodus Yellow-crowned, Nyctanassa violacea Tropical, Setophaga pitiayumi Semipalmated, Charadrius NIGHTINGALE-THRUSH, Black- PAURAQUE, Common, Nyctidromus semipalmatus headed, Catharus mexicanus albicollis Snowy, Charadrius nivosus Orange-billed, Catharus PELICAN, American White, Pelecanus Wilson’s, Charadrius wilsonia aurantiirostris erythrorhynchos POCHARD, Baer’s, Aythya baeri NIGHTJAR, Buff-collared, Antrostomus Brown, Pelecanus occidentalis Common, Aythya ferina ridgwayi PETREL, Bermuda, Pterodroma cahow POND-HERON, Chinese, Ardeola Gray, Caprimulgus jotaka Black-capped, Pterodroma hasitata bacchus Puerto Rican, Antrostomus Black-winged, Pterodroma POORWILL, Common, Phalaenoptilus noctitherus nigripennis nuttallii White-tailed, Hydropsalis Bonin, Pterodroma hypoleuca PO1OULI, Melamprosops phaeosoma cayennensis Bulwer’s, Bulweria bulwerii PUAIOHI, Myadestes palmeri NODDY, Black, Anous minutus Cook’s, Pterodroma cookii PUFFIN, Atlantic, Fratercula arctica Blue-gray, Anous ceruleus Fea’s, Pterodroma feae Horned, Fratercula corniculata Brown, Anous stolidus Gould’s, Pterodroma leucoptera Tufted, Fratercula cirrhata NUKUPU1U, Kauai, Hemignathus Gray-faced, Pterodroma gouldi PYGMY-OWL, Ferruginous, Glaucidium hanapepe Hawaiian, Pterodroma sandwichensis brasilianum Maui, Hemignathus affinis Herald, Pterodroma heraldica Northern, Glaucidium gnoma O1ahu, Hemignathus lucidus Jouanin’s, Bulweria fallax PYRRHULOXIA, Cardinalis sinuatus NUTCRACKER, Clark’s, Nucifraga Juan Fernandez, Pterodroma externa QUAIL-DOVE, Bridled, Geotrygon columbiana Kermadec, Pterodroma neglecta mystacea NUTHATCH, Brown-headed, Sitta Mottled, Pterodroma inexpectata Key West, Geotrygon chrysia pusilla Murphy’s, Pterodroma ultima Ruddy, Geotrygon montana Pygmy, Sitta pygmaea Parkinson’s, Procellaria parkinsoni QUETZAL, Eared, Euptilotis neoxenus Red-breasted, Sitta canadensis Phoenix, Pterodroma alba RAIL, Black, Laterallus jamaicensis White-breasted, Sitta carolinensis Providence, Pterodroma solandri Buff-banded, Gallirallus philippensis OLOMA1O, Myadestes lanaiensis Stejneger’s, Pterodroma longirostris Clapper, Rallus crepitans ¯ 1OMA1O, Myadestes obscurus Tahiti, Pseudobulweria rostrata Guam, Gallirallus owstoni ORIOLE, Altamira, Icterus gularis Trindade, Pterodroma arminjoniana King, Rallus elegans Audubon’s, Icterus graduacauda White-chinned, Procellaria Ridgway’s, Rallus obsoletus Baltimore, Icterus galbula aequinoctialis Spotted, Pardirallus maculatus Black-backed, Icterus abeillei White-necked, Pterodroma cervicalis Virginia, Rallus limicola Black-vented, Icterus wagleri Zino’s, Pterodroma madeira Yellow, Coturnicops noveboracensis Bullock’s, Icterus bullockii PEWEE, Cuban, Contopus caribaeus RAVEN, Chihuahuan, Corvus Hooded, Icterus cucullatus Greater, Contopus pertinax cryptoleucus Orchard, Icterus spurius Hispaniolan, Contopus hispaniolensis Common, Corvus corax RAZORBILL, Alca torda Puerto Rican, Icterus portoricensis Lesser Antillean, Contopus latirostris Scott’s, Icterus parisorum REDHEAD, Aythya americana PHAINOPEPLA, Phainopepla nitens Streak-backed, Icterus pustulatus REDPOLL, Common, Acanthis flammea PHALAROPE, Red, Phalaropus OSPREY, Pandion haliaetus Hoary, Acanthis hornemanni fulicarius 1O¯ 1U¯ , Psittirostra psittacea REDSHANK, Common, Tringa totanus OVENBIRD, Seiurus aurocapilla Red-necked, Phalaropus lobatus Spotted, Tringa erythropus OWL, Barn, Tyto alba Wilson’s, Phalaropus tricolor REDSTART, American, Setophaga Barred, Strix varia PHOEBE, Black, Sayornis nigricans ruticilla Boreal, Aegolius funereus Eastern, Sayornis phoebe Common, Phoenicurus phoenicurus Burrowing, Athene cunicularia Say’s, Sayornis saya Painted, Myioborus pictus Elf, Micrathene whitneyi PIGEON, Band-tailed, Patagioenas Slate-throated, Myioborus miniatus Flammulated, Psiloscops flammeolus fasciata REDWING, Turdus iliacus Great Gray, Strix nebulosa Plain, Patagioenas inornata REEF-HERON, Pacific, Egretta sacra Great Horned, Bubo virginianus Red-billed, Patagioenas flavirostris Western, Egretta gularis Long-eared, Asio otus Scaly-naped, Patagioenas squamosa ROADRUNNER, Greater, Geococcyx Mottled, Ciccaba virgata White-crowned, Patagioenas californianus Northern Hawk, Surnia ulula leucocephala ROBIN, American, Turdus migratorius Northern Saw-whet, Aegolius PINTAIL, Northern, Anas acuta European, Erithacus rubecula acadicus White-cheeked, Anas bahamensis Rufous-backed, Turdus rufopalliatus Short-eared, Asio flammeus PIPIT, American, Anthus rubescens Rufous-tailed, Larvivora sibilans Snowy, Bubo scandiacus Olive-backed, Anthus hodgsoni Siberian Blue, Larvivora cyane Spotted, Strix occidentalis Pechora, Anthus gustavi ROCK-THRUSH, Blue, Monticola Stygian, Asio stygius Red-throated, Anthus cervinus solitarius OYSTERCATCHER, American, Sprague’s, Anthus spragueii ROSEFINCH, Common, Carpodacus Haematopus palliatus Tree, Anthus trivialis erythrinus Black, Haematopus bachmani PLOVER, Black-bellied, Pluvialis Pallas’s, Carpodacus roseus Eurasian, Haematopus ostralegus squatarola ROSY-FINCH, Asian, Leucosticte arctoa PALILA, Loxioides bailleui Collared, Charadrius collaris Black, Leucosticte atrata PALM-SWIFT, Antillean, Tachornis Common Ringed, Charadrius Brown-capped, Leucosticte australis phoenicobia hiaticula Gray-crowned, Leucosticte tephrocotis PARROTBILL, Maui, Pseudonestor Kentish, Charadrius alexandrinus RUBYTHROAT, Siberian, Calliope xanthophrys Little Ringed, Charadrius dubius calliope

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RUFF, Calidris pugnax Short-tailed, Ardenna tenuirostris Japanese, Accipiter gularis SANDERLING, Calidris alba Sooty, Ardenna grisea SPINDALIS, Puerto Rican, Spindalis SANDPIPER, Baird’s, Calidris bairdii Streaked, Calonectris leucomelas portoricensis Broad-billed, Calidris falcinellus Wedge-tailed, Ardenna pacifica Western, Spindalis zena Buff-breasted, Calidris subruficollis SHOVELER, Northern, Spatula clypeata SPOONBILL, Roseate, Platalea ajaja Common, Actitis hypoleucos SHRIKE, Brown, Lanius cristatus STARLING, Chestnut-cheeked, Curlew, Calidris ferruginea Loggerhead, Lanius ludovicianus Agropsar philippensis Green, Tringa ochropus Northern, Lanius borealis White-cheeked, Spodiopsar Least, Calidris minutilla SILKY-FLYCATCHER, Gray, Ptiliogonys cineraceus Marsh, Tringa stagnatilis cinereus STARTHROAT, Plain-capped, Pectoral, Calidris melanotos SISKIN, Eurasian, Spinus spinus Heliomaster constantii Purple, Calidris maritima Pine, Spinus pinus STILT, Black-necked, Himantopus Rock, Calidris ptilocnemis SKIMMER, Black, Rynchops niger mexicanus Semipalmated, Calidris pusilla SKUA, Great, Stercorarius skua Black-winged, Himantopus Sharp-tailed, Calidris acuminata South Polar, Stercorarius himantopus Solitary, Tringa solitaria maccormicki STINT, Little, Calidris minuta Spoon-billed, Calidris pygmea SKYLARK, Eurasian, Alauda arvensis Long-toed, Calidris subminuta Spotted, Actitis macularius SMEW, Mergellus albellus Red-necked, Calidris ruficollis Stilt, Calidris himantopus SNIPE, Common, Gallinago gallinago Temminck’s, Calidris temminckii Terek, Xenus cinereus Jack, Lymnocryptes minimus STONECHAT, Saxicola torquatus Upland, Bartramia longicauda Pin-tailed, Gallinago stenura STORK, Wood, Mycteria americana Western, Calidris mauri Solitary, Gallinago solitaria STORM-PETREL, Ashy, Hydrobates White-rumped, Calidris fuscicollis Swinhoe’s, Gallinago megala homochroa Wood, Tringa glareola Wilson’s, Gallinago delicata Band-rumped, Hydrobates castro SAND-PLOVER, Greater, Charadrius SOLITAIRE, Brown-backed, Myadestes Black, Hydrobates melania leschenaultii occidentalis Black-bellied, Fregetta tropica Lesser, Charadrius mongolus Townsend’s, Myadestes townsendi European, Hydrobates pelagicus SAPSUCKER, Red-breasted, SORA, Porzana carolina Fork-tailed, Hydrobates furcatus Sphyrapicus ruber SPARROW, American Tree, Spizelloides Leach’s, Hydrobates leucorhous Red-naped, Sphyrapicus nuchalis arborea Least, Hydrobates microsoma Williamson’s, Sphyrapicus thyroideus Bachman’s, Peucaea aestivalis Matsudaira’s, Oceanodroma Yellow-bellied, Sphyrapicus varius Baird’s, Centronyx bairdii matsudairae SCAUP, Greater, Aythya marila Bell’s, Artemisiospiza belli Polynesian, Nesofregetta fuliginosa Lesser, Aythya affinis Black-chinned, Spizella atrogularis Ringed, Hydrobates hornbyi SCOPS-OWL, Oriental, Otus sunia Black-throated, Amphispiza bilineata Swinhoe’s, Hydrobates monorhis SCOTER, Black, Melanitta americana Botteri’s, Peucaea botterii Townsend’s, Hydrobates socorroensis Common, Melanitta nigra Brewer’s, Spizella breweri Tristram’s, Hydrobates tristrami Cassin’s, Peucaea cassinii Stejneger’s, Melanitta stejnegeri Wedge-rumped, Hydrobates tethys Chipping, Spizella passerina Surf, Melanitta perspicillata White-bellied, Fregetta grallaria Clay-colored, Spizella pallida White-winged, Melanitta deglandi White-faced, Pelagodroma marina Field, Spizella pusilla SCREECH-OWL, Eastern, Megascops Five-striped, Amphispiza Wilson’s, Oceanites oceanicus asio SURFBIRD, Calidris virgata quinquestriata Puerto Rican, Megascops nudipes Fox, Passerella iliaca SWALLOW, Bahama, Tachycineta Western, Megascops kennicottii Golden-crowned, Zonotrichia cyaneoviridis Whiskered, Megascops trichopsis atricapilla Bank, Riparia riparia SCRUB-JAY, California, Aphelocoma Grasshopper, Ammodramus Barn, Hirundo rustica californica savannarum Cave, Petrochelidon fulva Florida, Aphelocoma coerulescens Harris’s, Zonotrichia querula Cliff, Petrochelidon pyrrhonota Island, Aphelocoma insularis Henslow’s, Centronyx henslowii Mangrove, Tachycineta albilinea Woodhouse’s, Aphelocoma Lark, Chondestes grammacus Northern Rough-winged, woodhouseii LeConte’s, Ammospiza leconteii Stelgidopteryx serripennis SEA-EAGLE, Steller’s, Haliaeetus Lincoln’s, Melospiza lincolnii Tree, Tachycineta bicolor pelagicus Nelson’s, Ammospiza nelsoni Violet-green, Tachycineta thalassina SEEDEATER, Morelet’s, Sporophila Olive, Arremonops rufivirgatus SWAMPHEN, Purple, Porphyrio morelleti Rufous-crowned, Aimophila ruficeps porphyrio SHEARWATER, Audubon’s, Puffinus Rufous-winged, Peucaea carpalis SWAN, Trumpeter, Cygnus buccinator lherminieri Sagebrush, Artemisiospiza nevadensis Tundra, Cygnus columbianus Barolo, Puffinus baroli Saltmarsh, Ammospiza caudacuta Whooper, Cygnus cygnus Black-vented, Puffinus opisthomelas Savannah, Passerculus sandwichensis SWIFT, Alpine, Apus melba Bryan’s, Puffinus bryani Seaside, Ammospiza maritima Black, Cypseloides niger Buller’s, Ardenna bulleri Song, Melospiza melodia Chimney, Chaetura pelagica Cape Verde, Calonectris edwardsii Swamp, Melospiza georgiana Common, Apus apus Christmas, Puffinus nativitatis Vesper, Pooecetes gramineus Fork-tailed, Apus pacificus Cory’s, Calonectris diomedea White-crowned, Zonotrichia Short-tailed, Chaetura brachyura Flesh-footed, Ardenna carneipes leucophrys Vaux’s, Chaetura vauxi Great, Ardenna gravis White-throated, Zonotrichia albicollis White-collared, Streptoprocne zonaris Manx, Puffinus puffinus Worthen’s, Spizella wortheni White-throated, Aeronautes saxatalis Newell’s, Puffinus newelli SPARROWHAWK, Chinese, Accipiter SWIFTLET, Mariana, Aerodramus Pink-footed, Ardenna creatopus soloensis bartschi

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White-rumped, Aerodramus TITYRA, Masked, Tityra semifasciata Colima, Leiothlypis crissalis spodiopygius TOWHEE, Abert’s, Melozone aberti Connecticut, Oporornis agilis TANAGER, Flame-colored, Piranga California, Melozone crissalis Crescent-chested, Oreothlypis bidentata Canyon, Melozone fusca superciliosa Hepatic, Piranga flava Eastern, Pipilo erythrophthalmus Dusky, Phylloscopus fuscatus Puerto Rican, Nesospingus Green-tailed, Pipilo chlorurus Elfin-woods, Setophaga angelae speculiferus Spotted, Pipilo maculatus Fan-tailed, Basileuterus lachrymosus Scarlet, Piranga olivacea TROGON, Elegant, Trogon elegans Golden-cheeked, Setophaga Summer, Piranga rubra TROPICBIRD, Red-billed, Phaethon chrysoparia Western, Piranga ludoviciana aethereus Golden-crowned, Basileuterus TATTLER, Gray-tailed, Tringa brevipes Red-tailed, Phaethon rubricauda culicivorus Wandering, Tringa incana White-tailed, Phaethon lepturus Golden-winged, Vermivora TEAL, Baikal, Sibirionetta formosa TURNSTONE, Black, Arenaria chrysoptera Blue-winged, Spatula discors melanocephala Grace’s, Setophaga graciae Cinnamon, Spatula cyanoptera Ruddy, Arenaria interpres Hermit, Setophaga occidentalis Green-winged, Anas crecca TURTLE-DOVE, Oriental, Streptopelia Hooded, Setophaga citrina TERN, Aleutian, Onychoprion aleuticus orientalis Kamchatka Leaf, Phylloscopus Arctic, Sterna paradisaea VEERY, Catharus fuscescens examinandus Black, Chlidonias niger VERDIN, Auriparus flaviceps Kentucky, Geothlypis formosa Black-naped, Sterna sumatrana VIOLETEAR, Mexican, Colibri Kirtland’s, Setophaga kirtlandii Bridled, Onychoprion anaethetus thalassinus Lanceolated, Locustella lanceolata Caspian, Hydroprogne caspia VIREO, Bell’s, Vireo bellii Lucy’s, Leiothlypis luciae Common, Sterna hirundo Black-capped, Vireo atricapilla MacGillivray’s, Geothlypis tolmiei Elegant, Thalasseus elegans Black-whiskered, Vireo altiloquus Magnolia, Setophaga magnolia Forster’s, Sterna forsteri Blue-headed, Vireo solitarius Mourning, Geothlypis philadelphia Gray-backed, Onychoprion lunatus Cassin’s, Vireo cassinii Nashville, Leiothlypis ruficapilla Great Crested, Thalasseus bergii Cuban, Vireo gundlachii Nightingale Reed, Acrocephalus Gull-billed, Gelochelidon nilotica Gray, Vireo vicinior luscinius Large-billed, Phaetusa simplex Hutton’s, Vireo huttoni Olive, Peucedramus taeniatus Least, Sternula antillarum Philadelphia, Vireo philadelphicus Orange-crowned, Leiothlypis celata Little, Sternula albifrons Plumbeous, Vireo plumbeus Pagan Reed, Acrocephalus Roseate, Sterna dougallii Puerto Rican, Vireo latimeri yamashinae Royal, Thalasseus maximus Red-eyed, Vireo olivaceus Pallas’s Leaf, Phylloscopus proregulus Sandwich, Thalasseus sandvicensis Thick-billed, Vireo crassirostris Palm, Setophaga palmarum Sooty, Onychoprion fuscatus Warbling, Vireo gilvus Pine, Setophaga pinus Whiskered, Chlidonias hybrida White-eyed, Vireo griseus Prairie, Setophaga discolor White, Gygis alba Yellow-green, Vireo flavoviridis Prothonotary, Protonotaria citrea White-winged, Chlidonias Yellow-throated, Vireo flavifrons Red-faced, Cardellina rubrifrons leucopterus Yucatan, Vireo magister River, Locustella fluviatilis THRASHER, Bendire’s, Toxostoma VULTURE, Black, Coragyps atratus Rufous-capped, Basileuterus rufifrons bendirei Turkey, Cathartes aura Saipan Reed, Acrocephalus hiwae Brown, Toxostoma rufum WAGTAIL, Citrine, Motacilla citreola Sedge, Acrocephalus schoenobaenus California, Toxostoma redivivum Eastern Yellow, Motacilla Swainson’s, Limnothlypis swainsonii Crissal, Toxostoma crissale tschutschensis Tennessee, Leiothlypis peregrina Curve-billed, Toxostoma curvirostre Gray, Motacilla cinerea Thick-billed, Arundinax aedon LeConte’s, Toxostoma lecontei White, Motacilla alba Townsend’s, Setophaga townsendi Long-billed, Toxostoma longirostre WARBLER, Adelaide’s, Setophaga Virginia’s, Leiothlypis virginiae Pearly-eyed, Margarops fuscatus adelaidae Willow, Phylloscopus trochilus Sage, Oreoscoptes montanus Aguiguan Reed, Acrocephalus nijoi Wilson’s, Cardellina pusilla THRUSH, Aztec, Ridgwayia pinicola Arctic, Phylloscopus borealis Wood, Phylloscopus sibilatrix Bicknell’s, Catharus bicknelli Bachman’s, Vermivora bachmanii Worm-eating, Helmitheros Clay-colored, Turdus grayi Bay-breasted, Setophaga castanea vermivorum Dusky, Turdus naumanni Black-and-white, Mniotilta varia Yellow, Setophaga petechia Eyebrowed, Turdus obscurus Blackburnian, Setophaga fusca Yellow-browed, Phylloscopus Gray-cheeked, Catharus minimus Blackpoll, Setophaga striata inornatus Hermit, Catharus guttatus Black-throated Blue, Setophaga Yellow-rumped, Setophaga coronata Red-legged, Turdus plumbeus caerulescens Yellow-throated, Setophaga dominica Swainson’s, Catharus ustulatus Black-throated Gray, Setophaga WATERTHRUSH, Louisiana, Parkesia Varied, Ixoreus naevius nigrescens motacilla White-throated, Turdus assimilis Black-throated Green, Setophaga Northern, Parkesia noveboracensis Wood, Hylocichla mustelina virens WAXWING, Bohemian, Bombycilla TIGER-HERON, Bare-throated, Blue-winged, Vermivora cyanoptera garrulus Tigrisoma mexicanum Blyth’s Reed, Acrocephalus Cedar, Bombycilla cedrorum TITMOUSE, Black-crested, Baeolophus dumetorum WHEATEAR, Northern, Oenanthe atricristatus Canada, Cardellina canadensis oenanthe Bridled, Baeolophus wollweberi Cape May, Setophaga tigrina Pied, Oenanthe pleschanka Juniper, Baeolophus ridgwayi Cerulean, Setophaga cerulea WHIMBREL, Numenius phaeopus Oak, Baeolophus inornatus Chestnut-sided, Setophaga WHIP-POOR-WILL, Eastern, Tufted, Baeolophus bicolor pensylvanica Antrostomus vociferus

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Mexican, Antrostomus arizonae relationships, we also list the higher- Histrionicus histrionicus, Harlequin WHISTLING-DUCK, Black-bellied, level taxonomic categories of Order, Duck Dendrocygna autumnalis Family, and Subfamily. Melanitta perspicillata, Surf Scoter Fulvous, Dendrocygna bicolor Order ANSERIFORMES Melanitta deglandi, White-winged West Indian, Dendrocygna arborea Family ANATIDAE Scoter WHITETHROAT, Lesser, Sylvia curruca Subfamily DENDROCYGNINAE Melanitta stejnegeri, Stejneger’s WIGEON, American, Mareca americana Dendrocygna autumnalis, Black- Scoter Eurasian, Mareca penelope bellied Whistling-Duck Melanitta nigra, Common Scoter WILLET, Tringa semipalmata Dendrocygna arborea, West Indian Melanitta americana, Black Scoter WOODCOCK, American, Scolopax Whistling-Duck Clangula hyemalis, Long-tailed Duck minor Dendrocygna bicolor, Fulvous Bucephala albeola, Bufflehead Eurasian, Scolopax rusticola Whistling-Duck Bucephala clangula, Common WOODPECKER, Acorn, Melanerpes Subfamily ANSERINAE Goldeneye formicivorus Anser canagicus, Emperor Goose Bucephala islandica, Barrow’s American Three-toed, Picoides Anser caerulescens, Snow Goose Goldeneye dorsalis Anser rossii, Ross’s Goose Mergellus albellus, Smew Arizona, Dryobates arizonae Anser albifrons, Greater White-fronted Lophodytes cucullatus, Hooded Black-backed, Picoides arcticus Goose Merganser Downy, Dryobates pubescens Anser erythropus, Lesser White- Mergus merganser, Common Gila, Melanerpes uropygialis fronted Goose Merganser Mergus serrator, Red-breasted Golden-fronted, Melanerpes aurifrons Anser fabalis, Taiga Bean-Goose Merganser Great Spotted, Dendrocopos major Anser serrirostris, Tundra Bean-Goose Nomonyx dominicus, Masked Duck Hairy, Dryobates villosus Anser brachyrhynchus, Pink-footed Oxyura jamaicensis, Ruddy Duck Ivory-billed, Campephilus principalis Goose Order PHOENICOPTERIFORMES Ladder-backed, Dryobates scalaris Branta bernicla, Brant Family PHOENICOPTERIDAE Lewis’s, Melanerpes lewis Branta leucopsis, Barnacle Goose Nuttall’s, Dryobates nuttallii Phoenicopterus ruber, American Branta hutchinsii, Cackling Goose Flamingo Pileated, Dryocopus pileatus Branta canadensis, Canada Goose Puerto Rican, Melanerpes Order PODICIPEDIFORMES Branta sandvicensis, Hawaiian Goose Family PODICIPEDIDAE portoricensis Cygnus buccinator, Trumpeter Swan Red-bellied, Melanerpes carolinus Tachybaptus dominicus, Least Grebe Cygnus columbianus, Tundra Swan Podilymbus podiceps, Pied-billed Red-cockaded, Dryobates borealis Cygnus cygnus, Whooper Swan Red-headed, Melanerpes Grebe Subfamily ANATINAE Podiceps auritus, Horned Grebe erythrocephalus Cairina moschata, Muscovy Duck Podiceps grisegena, Red-necked Grebe White-headed, Dryobates albolarvatus Aix sponsa, Wood Duck Podiceps nigricollis, Eared Grebe WOOD-PEWEE, Eastern, Contopus Sibirionetta formosa, Baikal Teal Aechmophorus occidentalis, Western virens Spatula querquedula, Garganey Grebe Western, Contopus sordidulus Spatula discors, Blue-winged Teal Aechmophorus clarkii, Clark’s Grebe WOOD-RAIL, Rufous-necked, Aramides Spatula cyanoptera, Cinnamon Teal Order COLUMBIFORMES axillaris Spatula clypeata, Northern Shoveler Family COLUMBIDAE WOODSTAR, Bahama, Nesophlox Mareca strepera, Gadwall Patagioenas squamosa, Scaly-naped evelynae Mareca falcata, Falcated Duck Pigeon WREN, Bewick’s, Thryomanes bewickii Mareca penelope, Eurasian Wigeon Patagioenas leucocephala, White- Cactus, Campylorhynchus Mareca americana, American Wigeon crowned Pigeon brunneicapillus Anas laysanensis, Laysan Duck Patagioenas flavirostris, Red-billed Canyon, Catherpes mexicanus Anas wyvilliana, Hawaiian Duck Pigeon Carolina, Thryothorus ludovicianus Anas zonorhyncha, Eastern Spot- Patagioenas inornata, Plain Pigeon House, Troglodytes aedon billed Duck Patagioenas fasciata, Band-tailed Marsh, Cistothorus palustris Anas platyrhynchos, Mallard Pigeon Pacific, Troglodytes pacificus Anas rubripes, American Black Duck Streptopelia orientalis, Oriental Rock, Salpinctes obsoletus Anas fulvigula, Mottled Duck Turtle-Dove Sedge, Cistothorus platensis Anas superciliosa, Pacific Black Duck Alopecoenas xanthonurus, White- Sinaloa, Thryophilus sinaloa Anas bahamensis, White-cheeked throated Ground-Dove Winter, Troglodytes hiemalis Pintail Alopecoenas stairi, Shy Ground-Dove WRENTIT, Chamaea fasciata Anas acuta, Northern Pintail Columbina inca, Inca Dove WRYNECK, Eurasian, Jynx torquilla Anas crecca, Green-winged Teal Columbina passerina, Common YELLOWLEGS, Greater, Tringa Aythya valisineria, Canvasback Ground Dove melanoleuca Aythya americana, Redhead Columbina talpacoti, Ruddy Ground Lesser, Tringa flavipes Aythya ferina, Common Pochard Dove YELLOWTHROAT, Common, Aythya baeri, Baer’s Pochard Geotrygon montana, Ruddy Quail- Geothlypis trichas Aythya collaris, Ring-necked Duck Dove Gray-crowned, Geothlypis Aythya fuligula, Tufted Duck Geotrygon chrysia, Key West Quail- poliocephala Aythya marila, Greater Scaup Dove (2) Taxonomic listing. Species are Aythya affinis, Lesser Scaup Geotrygon mystacea, Bridled Quail- listed in phylogenetic sequence by Polysticta stelleri, Steller’s Eider Dove scientific name, with the common Somateria fischeri, Spectacled Eider Leptotila verreauxi, White-tipped (English) name following the scientific Somateria spectabilis, King Eider Dove name. To help clarify species Somateria mollissima, Common Eider Zenaida asiatica, White-winged Dove

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Zenaida aurita, Zenaida Dove Chaetura brachyura, Short-tailed Hummingbird Zenaida macroura, Mourning Dove Swift Amazilia violiceps, Violet-crowned Ptilinopus perousii, Many-colored Hirundapus caudacutus, White- Hummingbird Fruit-Dove throated Needletail Hylocharis leucotis, White-eared Ptilinopus porphyraceus, Crimson- Aerodramus spodiopygius, White- Hummingbird crowned Fruit-Dove rumped Swiftlet Hylocharis xantusii, Xantus’s Ptilinopus roseicapilla, Mariana Fruit- Aerodramus bartschi, Mariana Hummingbird Dove Swiftlet Order GRUIFORMES Ducula pacifica, Pacific Imperial- Subfamily APODINAE Family RALLIDAE Pigeon Apus apus, Common Swift Coturnicops noveboracensis, Yellow Order CUCULIFORMES Apus pacificus, Fork-tailed Swift Rail Family CUCULIDAE Apus melba, Alpine Swift Laterallus jamaicensis, Black Rail Subfamily CROTOPHAGINAE Aeronautes saxatalis, White-throated Gallirallus philippensis, Buff-banded Crotophaga ani, Smooth-billed Ani Swift Rail Crotophaga sulcirostris, Groove-billed Tachornis phoenicobia, Antillean Gallirallus owstoni, Guam Rail Ani Palm-Swift Crex crex, Corn Crake Subfamily NEOMORPHINAE Family TROCHILIDAE Rallus obsoletus, Ridgway’s Rail Geococcyx californianus, Greater Subfamily TROCHILINAE Rallus crepitans, Clapper Rail Roadrunner Colibri thalassinus, Mexican Violetear Rallus elegans, King Rail Subfamily CUCULINAE Anthracothorax prevostii, Green- Rallus limicola, Virginia Rail Urodynamis taitensis, Long-tailed breasted Mango Aramides axillaris, Rufous-necked Koel Anthracothorax dominicus, Antillean Wood-Rail Hierococcyx nisicolor, Hodgson’s Mango Porzana carolina, Sora Hawk-Cuckoo Anthracothorax viridis, Green Mango Porzana tabuensis, Spotless Crake Cuculus canorus, Common Cuckoo Eulampis jugularis, Purple-throated Hapalocrex flaviventer, Yellow- Cuculus optatus, Oriental Cuckoo Carib breasted Crake Coccyzus americanus, Yellow-billed Eulampis holosericeus, Green- Neocrex erythrops, Paint-billed Crake Cuckoo throated Carib Pardirallus maculatus, Spotted Rail Coccyzus minor, Mangrove Cuckoo Eugenes fulgens, Rivoli’s Porphyrio martinicus, Purple Coccyzus erythropthalmus, Black- Hummingbird Gallinule billed Cuckoo Heliomaster constantii, Plain-capped Porphyrio flavirostris, Azure Gallinule Coccyzus vieilloti, Puerto Rican Starthroat Porphyrio porphyrio, Purple Lizard-Cuckoo Lampornis amethystinus, Amethyst- Swamphen Order CAPRIMULGIFORMES throated Mountain-gem Gallinula galeata, Common Gallinule Family CAPRIMULGIDAE Lampornis clemenciae, Blue-throated Gallinula chloropus, Common Subfamily CHORDEILINAE Mountain-gem Moorhen Chordeiles acutipennis, Lesser Calothorax lucifer, Lucifer Fulica atra, Eurasian Coot Nighthawk Hummingbird Fulica alai, Hawaiian Coot Chordeiles minor, Common Archilochus colubris, Ruby-throated Fulica americana, American Coot Nighthawk Hummingbird Family ARAMIDAE Chordeiles gundlachii, Antillean Archilochus alexandri, Black-chinned Aramus guarauna, Limpkin Nighthawk Hummingbird Family GRUIDAE Subfamily CAPRIMULGINAE Mellisuga minima, Vervain Subfamily GRUINAE Nyctidromus albicollis, Common Hummingbird Antigone canadensis, Sandhill Crane Pauraque Nesophlox evelynae, Bahama Grus grus, Common Crane Phalaenoptilus nuttallii, Common Woodstar Grus americana, Whooping Crane Poorwill Calypte anna, Anna’s Hummingbird Order CHARADRIIFORMES Antrostomus carolinensis, Chuck- Calypte costae, Costa’s Hummingbird Family RECURVIROSTRIDAE will’s-widow Atthis heloisa, Bumblebee Himantopus himantopus, Black- Antrostomus ridgwayi, Buff-collared Hummingbird winged Stilt Nightjar Selasphorus platycercus, Broad-tailed Himantopus mexicanus, Black- Antrostomus vociferus, Eastern Whip- Hummingbird necked Stilt poor-will Selasphorus rufus, Rufous Recurvirostra americana, American Antrostomus arizonae, Mexican Hummingbird Avocet Whip-poor-will Selasphorus sasin, Allen’s Family HAEMATOPODIDAE Antrostomus noctitherus, Puerto Hummingbird Haematopus ostralegus, Eurasian Rican Nightjar Selasphorus calliope, Calliope Oystercatcher Hydropsalis cayennensis, White- Hummingbird Haematopus palliatus, American tailed Nightjar Chlorostilbon maugaeus, Puerto Rican Oystercatcher Caprimulgus jotaka, Gray Nightjar Emerald Haematopus bachmani, Black Order APODIFORMES Cynanthus latirostris, Broad-billed Oystercatcher Family APODIDAE Hummingbird Family CHARADRIIDAE Subfamily CYPSELOIDINAE Orthorhyncus cristatus, Antillean Subfamily VANELLINAE Cypseloides niger, Black Swift Crested Hummingbird Vanellus vanellus, Northern Lapwing Streptoprocne zonaris, White-collared Amazilia beryllina, Berylline Subfamily CHARADRIINAE Swift Hummingbird Pluvialis squatarola, Black-bellied Subfamily CHAETURINAE Amazilia yucatanensis, Buff-bellied Plover Chaetura pelagica, Chimney Swift Hummingbird Pluvialis apricaria, European Golden- Chaetura vauxi, Vaux’s Swift Amazilia rutila, Cinnamon Plover

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Pluvialis dominica, American Golden- Calidris maritima, Purple Sandpiper Cepphus columba, Pigeon Guillemot Plover Calidris bairdii, Baird’s Sandpiper Brachyramphus perdix, Long-billed Pluvialis fulva, Pacific Golden-Plover Calidris minuta, Little Stint Murrelet Charadrius morinellus, Eurasian Calidris minutilla, Least Sandpiper Brachyramphus marmoratus, Marbled Dotterel Calidris fuscicollis, White-rumped Murrelet Charadrius vociferus, Killdeer Sandpiper Brachyramphus brevirostris, Kittlitz’s Charadrius hiaticula, Common Calidris subruficollis, Buff-breasted Murrelet Ringed Plover Sandpiper Synthliboramphus scrippsi, Scripps’s Charadrius semipalmatus, Calidris melanotos, Pectoral Murrelet Semipalmated Plover Sandpiper Synthliboramphus hypoleucus, Charadrius melodus, Piping Plover Calidris pusilla, Semipalmated Guadalupe Murrelet Charadrius dubius, Little Ringed Sandpiper Synthliboramphus craveri, Craveri’s Plover Calidris mauri, Western Sandpiper Murrelet Charadrius mongolus, Lesser Sand- Subfamily SCOLOPACINAE Synthliboramphus antiquus, Ancient Plover Limnodromus griseus, Short-billed Murrelet Charadrius leschenaultii, Greater Dowitcher Ptychoramphus aleuticus, Cassin’s Sand-Plover Limnodromus scolopaceus, Long- Auklet Charadrius wilsonia, Wilson’s Plover billed Dowitcher Aethia psittacula, Parakeet Auklet Charadrius collaris, Collared Plover Lymnocryptes minimus, Jack Snipe Aethia pusilla, Least Auklet Charadrius montanus, Mountain Scolopax rusticola, Eurasian Aethia pygmaea, Whiskered Auklet Plover Woodcock Aethia cristatella, Crested Auklet Charadrius alexandrinus, Kentish Scolopax minor, American Woodcock Cerorhinca monocerata, Rhinoceros Plover Gallinago solitaria, Solitary Snipe Auklet Charadrius nivosus, Snowy Plover Gallinago stenura, Pin-tailed Snipe Fratercula arctica, Atlantic Puffin Family JACANIDAE Gallinago megala, Swinhoe’s Snipe Fratercula corniculata, Horned Puffin Jacana spinosa, Northern Jacana Gallinago gallinago, Common Snipe Fratercula cirrhata, Tufted Puffin Family SCOLOPACIDAE Gallinago delicata, Wilson’s Snipe Family LARIDAE Subfamily NUMENIINAE Subfamily TRINGINAE Subfamily LARINAE Bartramia longicauda, Upland Xenus cinereus, Terek Sandpiper Creagrus furcatus, Swallow-tailed Sandpiper Actitis hypoleucos, Common Gull Numenius tahitiensis, Bristle-thighed Sandpiper Rissa tridactyla, Black-legged Curlew Actitis macularius, Spotted Sandpiper Kittiwake Numenius phaeopus, Whimbrel Tringa ochropus, Green Sandpiper Rissa brevirostris, Red-legged Numenius minutus, Little Curlew Tringa solitaria, Solitary Sandpiper Kittiwake Numenius borealis, Eskimo Curlew Tringa brevipes, Gray-tailed Tattler Pagophila eburnea, Ivory Gull Numenius americanus, Long-billed Tringa incana, Wandering Tattler Xema sabini, Sabine’s Gull Curlew Tringa flavipes, Lesser Yellowlegs Chroicocephalus philadelphia, Numenius madagascariensis, Far Tringa semipalmata, Willet Bonaparte’s Gull Eastern Curlew Tringa erythropus, Spotted Redshank Chroicocephalus cirrocephalus, Gray- Numenius arquata, Eurasian Curlew Tringa nebularia, Common hooded Gull Subfamily LIMOSINAE Greenshank Chroicocephalus ridibundus, Black- Limosa lapponica, Bar-tailed Godwit Tringa guttifer, Nordmann’s headed Gull Limosa limosa, Black-tailed Godwit Greenshank Hydrocoloeus minutus, Little Gull Limosa haemastica, Hudsonian Tringa melanoleuca, Greater Rhodostethia rosea, Ross’s Gull Godwit Yellowlegs Leucophaeus atricilla, Laughing Gull Limosa fedoa, Marbled Godwit Tringa totanus, Common Redshank Leucophaeus pipixcan, Franklin’s Subfamily ARENARIINAE Tringa glareola, Wood Sandpiper Gull Arenaria interpres, Ruddy Turnstone Tringa stagnatilis, Marsh Sandpiper Larus belcheri, Belcher’s Gull Arenaria melanocephala, Black Phalaropus tricolor, Wilson’s Larus crassirostris, Black-tailed Gull Turnstone Phalarope Larus heermanni, Heermann’s Gull Calidris tenuirostris, Great Knot Phalaropus lobatus, Red-necked Larus canus, Mew Gull Calidris canutus, Red Knot Phalarope Larus delawarensis, Ring-billed Gull Calidris virgata, Surfbird Phalaropus fulicarius, Red Phalarope Larus occidentalis, Western Gull Calidris pugnax, Ruff Family STERCORARIIDAE Larus livens, Yellow-footed Gull Calidris falcinellus, Broad-billed Stercorarius skua, Great Skua Larus californicus, California Gull Sandpiper Stercorarius maccormicki, South Larus argentatus, Herring Gull Calidris acuminata, Sharp-tailed Polar Skua Larus michahellis, Yellow-legged Gull Sandpiper Stercorarius pomarinus, Pomarine Larus glaucoides, Iceland Gull Calidris himantopus, Stilt Sandpiper Jaeger Larus fuscus, Lesser Black-backed Calidris ferruginea, Curlew Sandpiper Stercorarius parasiticus, Parasitic Gull Calidris temminckii, Temminck’s Jaeger Larus schistisagus, Slaty-backed Gull Stint Stercorarius longicaudus, Long-tailed Larus glaucescens, Glaucous-winged Calidris subminuta, Long-toed Stint Jaeger Gull Calidris pygmea, Spoon-billed Family ALCIDAE Larus hyperboreus, Glaucous Gull Sandpiper Alle alle, Dovekie Larus marinus, Great Black-backed Calidris ruficollis, Red-necked Stint Uria aalge, Common Murre Gull Calidris alba, Sanderling Uria lomvia, Thick-billed Murre Larus dominicanus, Kelp Gull Calidris alpina, Dunlin Alca torda, Razorbill Subfamily STERNINAE Calidris ptilocnemis, Rock Sandpiper Cepphus grylle, Black Guillemot Anous stolidus, Brown Noddy

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Anous minutus, Black Noddy Oceanites oceanicus, Wilson’s Storm- Bulweria bulwerii, Bulwer’s Petrel Anous ceruleus, Blue-gray Noddy Petrel Bulweria fallax, Jouanin’s Petrel Gygis alba, White Tern Pelagodroma marina, White-faced Procellaria aequinoctialis, White- Onychoprion fuscatus, Sooty Tern Storm-Petrel chinned Petrel Onychoprion lunatus, Gray-backed Fregetta tropica, Black-bellied Storm- Procellaria parkinsoni, Parkinson’s Tern Petrel Petrel Onychoprion anaethetus, Bridled Family HYDROBATIDAE Calonectris leucomelas, Streaked Tern Hydrobates pelagicus, European Shearwater Onychoprion aleuticus, Aleutian Tern Storm-Petrel Calonectris diomedea, Cory’s Sternula albifrons, Little Tern Fregetta grallaria, White-bellied Shearwater Sternula antillarum, Least Tern Storm-Petrel Calonectris edwardsii, Cape Verde Phaetusa simplex, Large-billed Tern Nesofregetta fuliginosa, Polynesian Shearwater Gelochelidon nilotica, Gull-billed Storm-Petrel Ardenna pacifica, Wedge-tailed Tern Hydrobates furcatus, Fork-tailed Shearwater Hydroprogne caspia, Caspian Tern Storm-Petrel Ardenna bulleri, Buller’s Shearwater Chlidonias niger, Black Tern Hydrobates hornbyi, Ringed Storm- Ardenna tenuirostris, Short-tailed Chlidonias leucopterus, White- Petrel Shearwater winged Tern Hydrobates monorhis, Swinhoe’s Ardenna grisea, Sooty Shearwater Chlidonias hybrida, Whiskered Tern Storm-Petrel Ardenna gravis, Great Shearwater Sterna dougallii, Roseate Tern Hydrobates leucorhous, Leach’s Ardenna creatopus, Pink-footed Sterna sumatrana, Black-naped Tern Storm-Petrel Shearwater Sterna hirundo, Common Tern Hydrobates socorroensis, Townsend’s Ardenna carneipes, Flesh-footed Sterna paradisaea, Arctic Tern Storm-Petrel Shearwater Sterna forsteri, Forster’s Tern Hydrobates homochroa, Ashy Storm- Puffinus nativitatis, Christmas Thalasseus maximus, Royal Tern Petrel Shearwater Thalasseus bergii, Great Crested Tern Hydrobates castro, Band-rumped Puffinus puffinus, Manx Shearwater Thalasseus sandvicensis, Sandwich Storm-Petrel Puffinus newelli, Newell’s Shearwater Tern Hydrobates tethys, Wedge-rumped Puffinus bryani, Bryan’s Shearwater Thalasseus elegans, Elegant Tern Storm-Petrel Puffinus opisthomelas, Black-vented Subfamily RYNCHOPINAE Oceanodroma matsudairae, Shearwater Rynchops niger, Black Skimmer Matsudaira’s Storm-Petrel Puffinus lherminieri, Audubon’s Order PHAETHONTIFORMES Hydrobates melania, Black Storm- Shearwater Family PHAETHONTIDAE Petrel Puffinus baroli, Barolo Shearwater Phaethon lepturus, White-tailed Hydrobates tristrami, Tristram’s Order CICONIIFORMES Tropicbird Storm-Petrel Family CICONIIDAE Phaethon aethereus, Red-billed Hydrobates microsoma, Least Storm- Jabiru mycteria, Jabiru Tropicbird Petrel Mycteria americana, Wood Stork Phaethon rubricauda, Red-tailed Family PROCELLARIIDAE Order SULIFORMES Tropicbird Fulmarus glacialis, Northern Fulmar Family FREGATIDAE Order GAVIIFORMES Pterodroma gouldi, Gray-faced Petrel Fregata ariel, Lesser Frigatebird Family GAVIIDAE Pterodroma solandri, Providence Fregata magnificens, Magnificent Gavia stellata, Red-throated Loon Petrel Frigatebird Gavia arctica, Arctic Loon Pterodroma neglecta, Kermadec Petrel Fregata minor, Great Frigatebird Gavia pacifica, Pacific Loon Pterodroma arminjoniana, Trindade Family SULIDAE Gavia immer, Common Loon Petrel Sula dactylatra, Masked Booby Gavia adamsii, Yellow-billed Loon Pterodroma heraldica, Herald Petrel Sula granti, Nazca Booby Order PROCELLARIIFORMES Pterodroma ultima, Murphy’s Petrel Sula nebouxii, Blue-footed Booby Family DIOMEDEIDAE Pterodroma inexpectata, Mottled Sula leucogaster, Brown Booby Thalassarche chlororhynchos, Petrel Sula sula, Red-footed Booby Yellow-nosed Albatross Pterodroma cahow, Bermuda Petrel Papasula abbotti, Abbott’s Booby Thalassarche cauta, White-capped Pterodroma hasitata, Black-capped Morus bassanus, Northern Gannet Albatross Petrel Family PHALACROCORACIDAE Thalassarche eremita, Chatham Pterodroma externa, Juan Fernandez Phalacrocorax melanoleucos, Little Albatross Petrel Pied Cormorant Thalassarche salvini, Salvin’s Pterodroma sandwichensis, Hawaiian Phalacrocorax penicillatus, Brandt’s Albatross Petrel Cormorant Thalassarche melanophris, Black- Pterodroma cervicalis, White-necked Phalacrocorax brasilianus, Neotropic browed Albatross Petrel Cormorant Phoebetria palpebrata, Light-mantled Pterodroma hypoleuca, Bonin Petrel Phalacrocorax auritus, Double-crested Albatross Pterodroma nigripennis, Black- Cormorant Diomedea exulans, Wandering winged Petrel Phalacrocorax carbo, Great Cormorant Albatross Pterodroma feae, Fea’s Petrel Phalacrocorax urile, Red-faced Phoebastria immutabilis, Laysan Pterodroma madeira, Zino’s Petrel Cormorant Albatross Pterodroma cookii, Cook’s Petrel Phalacrocorax pelagicus, Pelagic Phoebastria nigripes, Black-footed Pterodroma longirostris, Stejneger’s Cormorant Albatross Petrel Family ANHINGIDAE Phoebastria albatrus, Short-tailed Pterodroma alba, Phoenix Petrel Anhinga anhinga, Anhinga Albatross Pterodroma leucoptera, Gould’s Petrel Order PELECANIFORMES Family OCEANITIDAE Pseudobulweria rostrata, Tahiti Petrel Family PELECANIDAE

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Pelecanus erythrorhynchos, American Circus spilonotus, Eastern Marsh- Strix nebulosa, Great Gray Owl White Pelican Harrier Asio otus, Long-eared Owl Pelecanus occidentalis, Brown Circus hudsonius, Northern Harrier Asio stygius, Stygian Owl Pelican Accipiter soloensis, Chinese Asio flammeus, Short-eared Owl Family ARDEIDAE Sparrowhawk Aegolius funereus, Boreal Owl Botaurus lentiginosus, American Accipiter gularis, Japanese Aegolius acadicus, Northern Saw- Bittern Sparrowhawk whet Owl Ixobrychus sinensis, Yellow Bittern Accipiter striatus, Sharp-shinned Ninox japonica, Northern Boobook Ixobrychus exilis, Least Bittern Hawk Order TROGONIFORMES Ixobrychus eurhythmus, Schrenck’s Accipiter cooperii, Cooper’s Hawk Family TROGONIDAE Bittern Accipiter gentilis, Northern Goshawk Subfamily TROGONINAE Ixobrychus flavicollis, Black Bittern Milvus migrans, Black Kite Trogon elegans, Elegant Trogon Tigrisoma mexicanum, Bare-throated Haliaeetus leucocephalus, Bald Eagle Euptilotis neoxenus, Eared Quetzal Tiger-Heron Haliaeetus albicilla, White-tailed Order UPUPIFORMES Ardea herodias, Great Blue Heron Eagle Family UPUPIDAE Ardea cinerea, Gray Heron Haliaeetus pelagicus, Steller’s Sea- Upupa epops, Eurasian Hoopoe Ardea alba, Great Egret Eagle Order CORACIIFORMES Ardea intermedia, Intermediate Egret Ictinia mississippiensis, Mississippi Family ALCEDINIDAE Egretta eulophotes, Chinese Egret Kite Subfamily ALCEDININAE Egretta garzetta, Little Egret Butastur indicus, Gray-faced Buzzard Alcedo atthis, Common Kingfisher Egretta sacra, Pacific Reef-Heron Geranospiza caerulescens, Crane Subfamily HALCYONINAE Egretta gularis, Western Reef-Heron Hawk Todiramphus sacer, Pacific Kingfisher Egretta thula, Snowy Egret Rostrhamus sociabilis, Snail Kite Todiramphus cinnamominus, Guam Egretta caerulea, Little Blue Heron Buteogallus anthracinus, Common Kingfisher Egretta tricolor, Tricolored Heron Black Hawk Todiramphus albicilla, Mariana Egretta rufescens, Reddish Egret Buteogallus urubitinga, Great Black Kingfisher Bubulcus ibis, Cattle Egret Hawk Subfamily CERYLINAE Ardeola bacchus, Chinese Pond- Rupornis magnirostris, Roadside Megaceryle torquata, Ringed Heron Hawk Kingfisher Butorides virescens, Green Heron Parabuteo unicinctus, Harris’s Hawk Megaceryle alcyon, Belted Kingfisher Nycticorax nycticorax, Black-crowned Geranoaetus albicaudatus, White- Chloroceryle amazona, Amazon Night-Heron tailed Hawk Kingfisher Nycticorax caledonicus, Rufous Buteo plagiatus, Gray Hawk Chloroceryle americana, Green Night-Heron Buteo lineatus, Red-shouldered Hawk Kingfisher Nyctanassa violacea, Yellow-crowned Buteo platypterus, Broad-winged Order PICIFORMES Night-Heron Hawk Family PICIDAE Gorsachius goisagi, Japanese Night- Buteo solitarius, Hawaiian Hawk Subfamily JYNGINAE Heron Buteo brachyurus, Short-tailed Hawk Jynx torquilla, Eurasian Wryneck Gorsachius melanolophus, Malayan Buteo swainsoni, Swainson’s Hawk Subfamily PICINAE Night-Heron Buteo albonotatus, Zone-tailed Hawk Melanerpes lewis, Lewis’s Family THRESKIORNITHIDAE Buteo jamaicensis, Red-tailed Hawk Woodpecker Subfamily THRESKIORNITHINAE Buteo lagopus, Rough-legged Hawk Melanerpes portoricensis, Puerto Eudocimus albus, White Ibis Buteo regalis, Ferruginous Hawk Rican Woodpecker Eudocimus ruber, Scarlet Ibis Order STRIGIFORMES Melanerpes erythrocephalus, Red- Plegadis falcinellus, Glossy Ibis Family TYTONIDAE headed Woodpecker Plegadis chihi, White-faced Ibis Tyto alba, Barn Owl Melanerpes formicivorus, Acorn Subfamily PLATALEINAE Family STRIGIDAE Woodpecker Platalea ajaja, Roseate Spoonbill Otus sunia, Oriental Scops-Owl Melanerpes uropygialis, Gila Order CARTHARTIFORMES Psiloscops flammeolus, Flammulated Woodpecker Family CATHARTIDAE Owl Melanerpes aurifrons, Golden-fronted Coragyps atratus, Black Vulture Megascops kennicottii, Western Woodpecker Cathartes aura, Turkey Vulture Screech-Owl Melanerpes carolinus, Red-bellied Gymnogyps californianus, California Megascops asio, Eastern Screech-Owl Woodpecker Condor Megascops trichopsis, Whiskered Sphyrapicus thyroideus, Williamson’s Order ACCIPITRIFORMES Screech-Owl Sapsucker Family PANDIONIDAE Megascops nudipes, Puerto Rican Sphyrapicus varius, Yellow-bellied Pandion haliaetus, Osprey Screech-Owl Sapsucker Family ACCIPITRIDAE Bubo virginianus, Great Horned Owl Sphyrapicus nuchalis, Red-naped Subfamily ELANINAE Bubo scandiacus, Snowy Owl Sapsucker Elanus leucurus, White-tailed Kite Surnia ulula, Northern Hawk Owl Sphyrapicus ruber, Red-breasted Subfamily GYPAETINAE Glaucidium gnoma, Northern Pygmy- Sapsucker Chondrohierax uncinatus, Hook- Owl Picoides dorsalis, American Three- billed Kite Glaucidium brasilianum, Ferruginous toed Woodpecker Elanoides forficatus, Swallow-tailed Pygmy-Owl Picoides arcticus, Black-backed Kite Micrathene whitneyi, Elf Owl Woodpecker Subfamily ACCIPITRINAE Athene cunicularia, Burrowing Owl Dendrocopos major, Great Spotted Aquila chrysaetos, Golden Eagle Ciccaba virgata, Mottled Owl Woodpecker Harpagus bidentatus, Double-toothed Strix occidentalis, Spotted Owl Dryobates pubescens, Downy Kite Strix varia, Barred Owl Woodpecker

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Dryobates nuttallii, Nuttall’s Flycatcher Vireo atricapilla, Black-capped Vireo Woodpecker Empidonax traillii, Willow Flycatcher Vireo griseus, White-eyed Vireo Dryobates scalaris, Ladder-backed Empidonax minimus, Least Vireo crassirostris, Thick-billed Vireo Woodpecker Flycatcher Vireo latimeri, Puerto Rican Vireo Dryobates borealis, Red-cockaded Empidonax hammondii, Hammond’s Vireo gundlachii, Cuban Vireo Woodpecker Flycatcher Vireo bellii, Bell’s Vireo Dryobates villosus, Hairy Woodpecker Empidonax wrightii, Gray Flycatcher Vireo vicinior, Gray Vireo Dryobates albolarvatus, White-headed Empidonax oberholseri, Dusky Vireo huttoni, Hutton’s Vireo Woodpecker Flycatcher Vireo flavifrons, Yellow-throated Dryobates arizonae, Arizona Empidonax affinis, Pine Flycatcher Vireo Woodpecker Empidonax difficilis, Pacific-slope Vireo cassinii, Cassin’s Vireo Colaptes auratus, Northern Flicker Flycatcher Vireo solitarius, Blue-headed Vireo Colaptes chrysoides, Gilded Flicker Empidonax occidentalis, Cordilleran Vireo plumbeus, Plumbeous Vireo Dryocopus pileatus, Pileated Flycatcher Vireo philadelphicus, Philadelphia Woodpecker Empidonax fulvifrons, Buff-breasted Vireo Campephilus principalis, Ivory-billed Flycatcher Vireo gilvus, Warbling Vireo Woodpecker Sayornis nigricans, Black Phoebe Vireo olivaceus, Red-eyed Vireo Order FALCONIFORMES Sayornis phoebe, Eastern Phoebe Vireo flavoviridis, Yellow-green Vireo Family FALCONIDAE Sayornis saya, Say’s Phoebe Vireo altiloquus, Black-whiskered Subfamily HERPETOTHERINAE Pyrocephalus rubinus, Vermilion Vireo Micrastur semitorquatus, Collared Flycatcher Vireo magister, Yucatan Vireo Forest-Falcon Subfamily TYRANNINAE Family CORVIDAE Subfamily FALCONINAE Myiarchus tuberculifer, Dusky-capped Perisoreus canadensis, Canada Jay Caracara cheriway, Crested Caracara Flycatcher Psilorhinus morio, Brown Jay Falco tinnunculus, Eurasian Kestrel Myiarchus cinerascens, Ash-throated Cyanocorax yncas, Green Jay Falco sparverius, American Kestrel Flycatcher Gymnorhinus cyanocephalus, Pinyon Falco vespertinus, Red-footed Falcon Myiarchus nuttingi, Nutting’s Jay Falco amurensis, Amur Falcon Flycatcher Cyanocitta stelleri, Steller’s Jay Falco columbarius, Merlin Myiarchus crinitus, Great Crested Cyanocitta cristata, Blue Jay Falco subbuteo, Eurasian Hobby Flycatcher Aphelocoma coerulescens, Florida Falco femoralis, Aplomado Falcon Myiarchus tyrannulus, Brown-crested Scrub-Jay Falco rusticolus, Gyrfalcon Flycatcher Aphelocoma insularis, Island Scrub- Falco peregrinus, Peregrine Falcon Myiarchus sagrae, La Sagra’s Jay Falco mexicanus, Prairie Falcon Flycatcher Aphelocoma californica, California Order PASSERIFORMES Myiarchus antillarum, Puerto Rican Scrub-Jay Family TITYRIDAE Flycatcher Aphelocoma woodhouseii, Tityra semifasciata, Masked Tityra Pitangus sulphuratus, Great Kiskadee Woodhouse’s Scrub-Jay Pachyramphus major, Gray-collared Myiozetetes similis, Social Flycatcher Aphelocoma wollweberi, Mexican Jay Becard Myiodynastes luteiventris, Sulphur- Nucifraga columbiana, Clark’s Pachyramphus aglaiae, Rose-throated bellied Flycatcher Nutcracker Becard Legatus leucophaius, Piratic Pica hudsonia, Black-billed Magpie Family TYRANNIDAE Flycatcher Pica nuttalli, Yellow-billed Magpie Subfamily ELAENIINAE Empidonomus varius, Variegated Corvus monedula, Eurasian Jackdaw Camptostoma imberbe, Northern Flycatcher Corvus kubaryi, Mariana Crow Beardless-Tyrannulet Empidonomus aurantioatrocristatus, Corvus brachyrhynchos, American Myiopagis viridicata, Greenish Crowned Slaty Flycatcher Crow Elaenia Tyrannus melancholicus, Tropical Corvus caurinus, Northwestern Crow Elaenia martinica, Caribbean Elaenia Kingbird Corvus leucognaphalus, White- Elaenia albiceps, White-crested Tyrannus couchii, Couch’s Kingbird necked Crow Elaenia Tyrannus vociferans, Cassin’s Corvus imparatus, Tamaulipas Crow Subfamily FLUVICOLINAE Kingbird Corvus ossifragus, Fish Crow Mitrephanes phaeocercus, Tufted Tyrannus crassirostris, Thick-billed Corvus hawaiiensis, Hawaiian Crow Flycatcher Kingbird Corvus cryptoleucus, Chihuahuan Contopus cooperi, Olive-sided Tyrannus verticalis, Western Kingbird Raven Flycatcher Tyrannus tyrannus, Eastern Kingbird Corvus corax, Common Raven Contopus pertinax, Greater Pewee Tyrannus dominicensis, Gray Family ALAUDIDAE Contopus sordidulus, Western Wood- Kingbird Alauda arvensis, Eurasian Skylark Pewee Tyrannus caudifasciatus, Loggerhead Eremophila alpestris, Horned Lark Contopus virens, Eastern Wood-Pewee Kingbird Family HIRUNDINIDAE Contopus caribaeus, Cuban Pewee Tyrannus forficatus, Scissor-tailed Subfamily HIRUNDININAE Contopus hispaniolensis, Hispaniolan Flycatcher Riparia riparia, Bank Swallow Pewee Tyrannus savana, Fork-tailed Tachycineta bicolor, Tree Swallow Contopus latirostris, Lesser Antillean Flycatcher Tachycineta cyaneoviridis, Bahama Pewee Family LANIIDAE Swallow Empidonax flaviventris, Yellow- Lanius cristatus, Brown Shrike Tachycineta thalassina, Violet-green bellied Flycatcher Lanius ludovicianus, Loggerhead Swallow Empidonax virescens, Acadian Shrike Tachycineta albilinea, Mangrove Flycatcher Lanius borealis, Northern Shrike Swallow Empidonax alnorum, Alder Family VIREONIDAE Stelgidopteryx serripennis, Northern

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Rough-winged Swallow Polioptila melanura, Black-tailed Ficedula mugimaki, Mugimaki Progne tapera, Brown-chested Martin Gnatcatcher Flycatcher Progne dominicensis, Caribbean Polioptila nigriceps, Black-capped Ficedula albicilla, Taiga Flycatcher Martin Gnatcatcher Phoenicurus phoenicurus, Common Progne subis, Purple Martin Family CINCLIDAE Redstart Progne cryptoleuca, Cuban Martin Cinclus mexicanus, American Dipper Saxicola torquatus, Stonechat Progne chalybea, Gray-breasted Family REGULIDAE Oenanthe oenanthe, Northern Martin Regulus satrapa, Golden-crowned Wheatear Progne elegans, Southern Martin Kinglet Oenanthe pleschanka, Pied Wheatear Hirundo rustica, Barn Swallow Regulus calendula, Ruby-crowned Family TURDIDAE Delichon urbicum, Common House- Kinglet Monticola solitarius, Blue Rock- Martin Family PHYLLOSCOPIDAE Thrush Petrochelidon pyrrhonota, Cliff Phylloscopus trochilus, Willow Sialia sialis, Eastern Bluebird Swallow Warbler Sialia mexicana, Western Bluebird Petrochelidon fulva, Cave Swallow Phylloscopus collybita, Common Sialia currucoides, Mountain Family PARIDAE Chiffchaff Bluebird Poecile carolinensis, Carolina Phylloscopus sibilatrix, Wood Myadestes townsendi, Townsend’s Chickadee Warbler Solitaire Poecile atricapillus, Black-capped Phylloscopus fuscatus, Dusky Warbler Myadestes occidentalis, Brown- Chickadee Phylloscopus proregulus, Pallas’s Leaf backed Solitaire Poecile gambeli, Mountain Chickadee Warbler Myadestes myadestinus, Ka¯ma1o Poecile sclateri, Mexican Chickadee Phylloscopus inornatus, Yellow- Myadestes lanaiensis, Olomao Poecile rufescens, Chestnut-backed browed Warbler Myadestes obscurus, O¯ ma1o Chickadee Phylloscopus borealis, Arctic Warbler Myadestes palmeri, Puaiohi Poecile hudsonicus, Boreal Chickadee Phylloscopus examinandus, Catharus aurantiirostris, Orange- Poecile cinctus, Gray-headed Kamchatka Leaf Warbler billed Nightingale-Thrush Chickadee Family SYLVIIDAE Catharus mexicanus, Black-headed Baeolophus wollweberi, Bridled Sylvia curruca, Lesser Whitethroat Nightingale-Thrush Titmouse Chamaea fasciata, Wrentit Catharus fuscescens, Veery Baeolophus inornatus, Oak Titmouse Family ACROCEPHALIDAE Catharus minimus, Gray-cheeked Baeolophus ridgwayi, Juniper Arundinax aedon, Thick-billed Thrush Titmouse Warbler Catharus bicknelli, Bicknell’s Thrush Baeolophus bicolor, Tufted Titmouse Acrocephalus luscinius, Nightingale Catharus ustulatus, Swainson’s Baeolophus atricristatus, Black- Reed Warbler Thrush crested Titmouse Acrocephalus hiwae, Saipan Reed Catharus guttatus, Hermit Thrush Family REMIZIDAE Warbler Hylocichla mustelina, Wood Thrush Auriparus flaviceps, Verdin Acrocephalus nijoi, Aguiguan Reed Turdus obscurus, Eyebrowed Thrush Family AEGITHALIDAE Warbler Turdus naumanni, Dusky Thrush Psaltriparus minimus, Bushtit Acrocephalus yamashinae, Pagan Turdus pilaris, Fieldfare Family SITTIDAE Reed Warbler Turdus iliacus, Redwing Subfamily SITTINAE Acrocephalus familiaris, Millerbird Turdus grayi, Clay-colored Thrush Sitta canadensis, Red-breasted Acrocephalus schoenobaenus, Sedge Turdus assimilis, White-throated Nuthatch Warbler Thrush Sitta carolinensis, White-breasted Acrocephalus dumetorum, Blyth’s Turdus rufopalliatus, Rufous-backed Nuthatch Reed Warbler Robin Sitta pygmaea, Pygmy Nuthatch Family LOCUSTELLIDAE Turdus migratorius, American Robin Sitta pusilla, Brown-headed Nuthatch Locustella ochotensis, Middendorff’s Turdus plumbeus, Red-legged Thrush Family CERTHIIDAE Grasshopper-Warbler Ixoreus naevius, Varied Thrush Subfamily CERTHIINAE Locustella fluviatilis, River Warbler Ridgwayia pinicola, Aztec Thrush Certhia americana, Brown Creeper Locustella lanceolata, Lanceolated Family MIMIDAE Family TROGLODYTIDAE Warbler Melanotis caerulescens, Blue Salpinctes obsoletus, Rock Wren Family MUSCICAPIDAE Mockingbird Catherpes mexicanus, Canyon Wren Muscicapa griseisticta, Gray-streaked Melanoptila glabrirostris, Black Troglodytes aedon, House Wren Flycatcher Catbird Troglodytes pacificus, Pacific Wren Muscicapa dauurica, Asian Brown Dumetella carolinensis, Gray Catbird Troglodytes hiemalis, Winter Wren Flycatcher Margarops fuscatus, Pearly-eyed Cistothorus platensis, Sedge Wren Muscicapa striata, Spotted Flycatcher Thrasher Cistothorus palustris, Marsh Wren Muscicapa sibirica, Dark-sided Toxostoma curvirostre, Curve-billed Thryothorus ludovicianus, Carolina Flycatcher Thrasher Wren Erithacus rubecula, European Robin Toxostoma rufum, Brown Thrasher Thryomanes bewickii, Bewick’s Wren Larvivora cyane, Siberian Blue Robin Toxostoma longirostre, Long-billed Campylorhynchus brunneicapillus, Larvivora sibilans, Rufous-tailed Thrasher Cactus Wren Robin Toxostoma bendirei, Bendire’s Thryophilus sinaloa, Sinaloa Wren Cyanecula svecica, Bluethroat Thrasher Family POLIOPTILIDAE Calliope calliope, Siberian Rubythroat Toxostoma redivivum, California Polioptila caerulea, Blue-Gray Tarsiger cyanurus, Red-flanked Thrasher Gnatcatcher Bluetail Toxostoma lecontei, LeConte’s Polioptila californica, California Ficedula narcissina, Narcissus Thrasher Gnatcatcher Flycatcher Toxostoma crissale, Crissal Thrasher

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Oreoscoptes montanus, Sage Thrasher Hemignathus hanapepe, Kauai Family PASSERELLIDAE Mimus gundlachii, Bahama Nukupu1u Peucaea carpalis, Rufous-winged Mockingbird Hemignathus lucidus, O1ahu Sparrow Mimus polyglottos, Northern Nukupu1u Peucaea botterii, Botteri’s Sparrow Mockingbird Hemignathus affinis, Maui Nukupu1u Peucaea cassinii, Cassin’s Sparrow Family STURNIDAE Hemignathus wilsoni, 1Akiapola1au Peucaea aestivalis, Bachman’s Agropsar philippensis, Chestnut- Akialoa stejnegeri, Kauai 1Akialoa Sparrow cheeked Starling Akialoa ellisiana, O1ahu 1Akialoa Ammodramus savannarum, Spodiopsar cineraceus, White- Akialoa lanaiensis, Maui Nui 1Akialoa Grasshopper Sparrow cheeked Starling Magumma parva, 1Anianiau Arremonops rufivirgatus, Olive Family BOMBYCILLIDAE Chlorodrepanis virens, Hawaii Sparrow Bombycilla garrulus, Bohemian 1Amakihi Amphispiza quinquestriata, Five- Waxwing Chlorodrepanis flava, O1ahu 1Amakihi striped Sparrow Bombycilla cedrorum, Cedar Chlorodrepanis stejnegeri, Kauai Amphispiza bilineata, Black-throated Waxwing 1Amakihi Sparrow Family PTILIOGONATIDAE Loxops mana, Hawaii Creeper Chondestes grammacus, Lark Sparrow Ptiliogonys cinereus, Gray Silky- Loxops caeruleirostris, 1Akeke1e Calamospiza melanocorys, Lark flycatcher Loxops wolstenholmei, O1ahu 1Akepa Bunting Phainopepla nitens, Phainopepla Loxops ochraceus, Maui 1Akepa Spizella passerina, Chipping Sparrow Family PEUCEDRAMIDAE Loxops coccineus, Hawaii 1Akepa Spizella pallida, Clay-colored Peucedramus taeniatus, Olive Pinicola enucleator, Pine Grosbeak Sparrow Warbler Pyrrhula pyrrhula, Eurasian Bullfinch Spizella atrogularis, Black-chinned Family PRUNELLIDAE Leucosticte arctoa, Asian Rosy-Finch Sparrow Prunella montanella, Siberian Leucosticte tephrocotis, Gray-crowned Spizella pusilla, Field Sparrow Accentor Rosy-Finch Spizella breweri, Brewer’s Sparrow Family MOTACILLIDAE Leucosticte atrata, Black Rosy-Finch Spizella wortheni, Worthen’s Sparrow Motacilla tschutschensis, Eastern Leucosticte australis, Brown-capped Passerella iliaca, Fox Sparrow Yellow Wagtail Rosy-Finch Spizelloides arborea, American Tree Motacilla citreola, Citrine Wagtail Haemorhous mexicanus, House Finch Sparrow Motacilla cinerea, Gray Wagtail Haemorhous purpureus, Purple Finch Junco hyemalis, Dark-eyed Junco Motacilla alba, White Wagtail Haemorhous cassinii, Cassin’s Finch Junco phaeonotus, Yellow-eyed Junco Anthus trivialis, Tree Pipit Chloris sinica, Oriental Greenfinch Zonotrichia leucophrys, White- Anthus hodgsoni, Olive-backed Pipit Acanthis flammea, Common Redpoll crowned Sparrow Anthus gustavi, Pechora Pipit Acanthis hornemanni, Hoary Redpoll Zonotrichia atricapilla, Golden- Anthus cervinus, Red-throated Pipit Loxia curvirostra, Red Crossbill crowned Sparrow Anthus rubescens, American Pipit Loxia sinesciuris, Cassia Crossbill Zonotrichia querula, Harris’s Sparrow Anthus spragueii, Sprague’s Pipit Loxia leucoptera, White-winged Zonotrichia albicollis, White-throated Family FRINGILLIDAE Crossbill Sparrow Subfamily FRINGILLINAE Spinus spinus, Eurasian Siskin Artemisiospiza nevadensis, Sagebrush Fringilla coelebs, Common Chaffinch Spinus pinus, Pine Siskin Sparrow Fringilla montifringilla, Brambling Spinus psaltria, Lesser Goldfinch Artemisiospiza belli, Bell’s Sparrow Subfamily EUPHONIINAE Spinus lawrencei, Lawrence’s Pooecetes gramineus, Vesper Sparrow Euphonia musica, Antillean Euphonia Goldfinch Ammospiza leconteii, LeConte’s Subfamily CARDUELINAE Spinus tristis, American Goldfinch Sparrow Coccothraustes vespertinus, Evening Family CALCARIIDAE Ammospiza maritima, Seaside Grosbeak Calcarius lapponicus, Lapland Sparrow Coccothraustes coccothraustes, Longspur Ammospiza nelsoni, Nelson’s Hawfinch Calcarius ornatus, Chestnut-collared Sparrow Carpodacus erythrinus, Common Longspur Ammospiza caudacuta, Saltmarsh Rosefinch Calcarius pictus, Smith’s Longspur Sparrow Carpodacus roseus, Pallas’s Rosefinch Rhynchophanes mccownii, McCown’s Centronyx bairdii, Baird’s Sparrow Melamprosops phaeosoma, Po1ouli Longspur Centronyx henslowii, Henslow’s Oreomystis bairdi, 1Akikiki Plectrophenax nivalis, Snow Bunting Sparrow Paroreomyza maculata, O1ahu Plectrophenax hyperboreus, McKay’s Passerculus sandwichensis, Savannah 1Alauahio Bunting Sparrow Paroreomyza flammea,Ka¯ka¯wahie Family EMBERIZIDAE Melospiza melodia, Song Sparrow Paroreomyza montana, Maui Emberiza leucocephalos, Pine Melospiza lincolnii, Lincoln’s 1Alauahio Bunting Sparrow Loxioides bailleui, Palila Emberiza chrysophrys, Yellow- Melospiza georgiana, Swamp Sparrow Telespiza cantans, Laysan Finch browed Bunting Melozone fusca, Canyon Towhee Telespiza ultima, Nihoa Finch Emberiza pusilla, Little Bunting Melozone aberti, Abert’s Towhee Palmeria dolei, 1Akohekohe Emberiza rustica, Rustic Bunting Melozone crissalis, California Towhee Himatione fraithii, Laysan Emberiza elegans, Yellow-throated Aimophila ruficeps, Rufous-crowned Honeycreeper Bunting Sparrow Himatione sanguinea, 1Apapane Emberiza aureola, Yellow-breasted Pipilo chlorurus, Green-tailed Towhee Drepanis coccinea, 1I1iwi Bunting Pipilo maculatus, Spotted Towhee Psittirostra psittacea, 1O¯ 1u¯ Emberiza variabilis, Gray Bunting Pipilo erythrophthalmus, Eastern Pseudonestor xanthophrys, Maui Emberiza pallasi, Pallas’s Bunting Towhee Parrotbill Emberiza schoeniclus, Reed Bunting Family NESOSPINGIDAE

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Nesospingus speculiferus, Puerto Warbler Warbler Rican Tanager Mniotilta varia, Black-and-white Setophaga chrysoparia, Golden- Family SPINDALIDAE Warbler cheeked Warbler Spindalis zena, Western Spindalis Protonotaria citrea, Prothonotary Setophaga virens, Black-throated Spindalis portoricensis, Puerto Rican Warbler Green Warbler Spindalis Limnothlypis swainsonii, Swainson’s Basileuterus lachrymosus, Fan-tailed Family ICTERIIDAE Warbler Warbler Icteria virens, Yellow-breasted Chat Oreothlypis superciliosa, Crescent- Basileuterus rufifrons, Rufous-capped Family ICTERIDAE chested Warbler Warbler Subfamily XANTHOCEPHALINAE Leiothlypis peregrina, Tennessee Basileuterus culicivorus, Golden- Xanthocephalus xanthocephalus, Warbler crowned Warbler Yellow-headed Blackbird Leiothlypis celata, Orange-crowned Cardellina canadensis, Canada Subfamily DOLICHONYCHINAE Warbler Warbler Dolichonyx oryzivorus, Bobolink Leiothlypis crissalis, Colima Warbler Subfamily STURNELLINAE Leiothlypis luciae, Lucy’s Warbler Cardellina pusilla, Wilson’s Warbler Sturnella magna, Eastern Meadowlark Leiothlypis ruficapilla, Nashville Cardellina rubrifrons, Red-faced Sturnella neglecta, Western Warbler Warbler Meadowlark Leiothlypis virginiae, Virginia’s Myioborus pictus, Painted Redstart Subfamily ICTERINAE Warbler Myioborus miniatus, Slate-throated Icterus portoricensis, Puerto Rican Oporornis agilis, Connecticut Warbler Redstart Oriole Geothlypis poliocephala, Gray- Family CARDINALIDAE Icterus wagleri, Black-vented Oriole crowned Yellowthroat Piranga flava, Hepatic Tanager Icterus spurius, Orchard Oriole Geothlypis tolmiei, MacGillivray’s Piranga rubra, Summer Tanager Icterus cucullatus, Hooded Oriole Warbler Piranga olivacea, Scarlet Tanager Icterus pustulatus, Streak-backed Geothlypis philadelphia, Mourning Piranga ludoviciana, Western Tanager Oriole Warbler Piranga bidentata, Flame-colored Icterus bullockii, Bullock’s Oriole Geothlypis formosa, Kentucky Tanager Icterus gularis, Altamira Oriole Warbler Rhodothraupis celaeno, Crimson- Icterus graduacauda, Audubon’s Geothlypis trichas, Common collared Grosbeak Oriole Yellowthroat Cardinalis cardinalis, Northern Icterus galbula, Baltimore Oriole Setophaga angelae, Elfin-woods Cardinal Icterus abeillei, Black-backed Oriole Warbler Cardinalis sinuatus, Pyrrhuloxia Icterus parisorum, Scott’s Oriole Setophaga citrina, Hooded Warbler Subfamily AGELAIINAE Setophaga ruticilla, American Pheucticus chrysopeplus, Yellow Agelaius phoeniceus, Red-winged Redstart Grosbeak Blackbird Setophaga kirtlandii, Kirtland’s Pheucticus ludovicianus, Rose- Agelaius tricolor, Tricolored Warbler breasted Grosbeak Blackbird Setophaga tigrina, Cape May Warbler Pheucticus melanocephalus, Black- Agelaius humeralis, Tawny- Setophaga cerulea, Cerulean Warbler headed Grosbeak shouldered Blackbird Setophaga americana, Northern Cyanocompsa parellina, Blue Bunting Agelaius xanthomus, Yellow- Parula Passerina caerulea, Blue Grosbeak shouldered Blackbird Setophaga pitiayumi, Tropical Parula Passerina amoena, Lazuli Bunting Molothrus bonariensis, Shiny Setophaga magnolia, Magnolia Passerina cyanea, Indigo Bunting Cowbird Warbler Passerina versicolor, Varied Bunting Molothrus aeneus, Bronzed Cowbird Setophaga castanea, Bay-breasted Passerina ciris, Painted Bunting Molothrus ater, Brown-headed Warbler Spiza americana, Dickcissel Cowbird Setophaga fusca, Blackburnian Family THRAUPIDAE Euphagus carolinus, Rusty Blackbird Warbler Subfamily DACNINAE Euphagus cyanocephalus, Brewer’s Setophaga petechia, Yellow Warbler Cyanerpes cyaneus, Red-legged Blackbird Setophaga pensylvanica, Chestnut- Honeycreeper Quiscalus quiscula, Common Grackle sided Warbler Quiscalus major, Boat-tailed Grackle Setophaga striata, Blackpoll Warbler Subfamily COEREBINAE Quiscalus mexicanus, Great-tailed Setophaga caerulescens, Black- Coereba flaveola, Bananaquit Grackle throated Blue Warbler Tiaris olivaceus, Yellow-faced Quiscalus niger, Greater Antillean Setophaga palmarum, Palm Warbler Grassquit Grackle Setophaga pinus, Pine Warbler Melanospiza bicolor, Black-faced Family PARULIDAE Setophaga coronata, Yellow-rumped Grassquit Seiurus aurocapilla, Ovenbird Warbler Melopyrrha portoricensis, Puerto Helmitheros vermivorum, Worm- Setophaga dominica, Yellow-throated Rican Bullfinch eating Warbler Warbler Subfamily SPOROPHILINAE Parkesia motacilla, Louisiana Setophaga discolor, Prairie Warbler Sporophila morelleti, Morelet’s Waterthrush Setophaga adelaidae, Adelaide’s Seedeater Parkesia noveboracensis, Northern Warbler * * * * * Waterthrush Setophaga graciae, Grace’s Warbler Vermivora bachmanii, Bachman’s Setophaga nigrescens, Black-throated George Wallace, Warbler Gray Warbler Assistant Secretary for Fish and Wildlife and Vermivora chrysoptera, Golden- Setophaga townsendi, Townsend’s Parks. winged Warbler Warbler [FR Doc. 2020–06779 Filed 4–15–20; 8:45 am] Vermivora cyanoptera, Blue-winged Setophaga occidentalis, Hermit BILLING CODE 4333–15–P

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Part III

The President

Proclamation 10009—Pan American Day and Pan American Week, 2020

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Federal Register Presidential Documents Vol. 85, No. 74

Thursday, April 16, 2020

Title 3— Proclamation 10009 of April 13, 2020

The President Pan American Day and Pan American Week, 2020

By the President of the United States of America

A Proclamation This year marks 130 years since the spirit of cooperation, hope, and progress brought together the nations of the Americas at the First International Con- ference of American States. This historic meeting chartered the course for the establishment of the Organization of American States in 1948, an institu- tion that has ever since worked toward peace and prosperity throughout the Americas, encouraging the nonviolent resolution of conflict and pro- moting mutual social and economic growth. As we celebrate our remarkable progress this Pan American Day and Pan American Week, let us also reaffirm our resolve to uphold and bolster liberty, democracy, and freedom in our Hemisphere. As part of our commitment to advancing dignity and freedom, my Adminis- tration will always work to combat human trafficking. This work requires enhanced border security and a well-functioning immigration system. Through our cooperation with the Governments of Mexico and our Central American partners, we have instituted reforms that help ensure the security and well-being of our peoples. By signing the United States-Mexico Joint Declaration last June, the Government of Mexico affirmed its commitment to reducing the number of illegal immigrants who arrive at our southern border. We have also signed agreements with the Governments of El Salvador, Guatemala, and Honduras to enhance our countries’ cooperative efforts. These partnerships have helped expand humanitarian protections for asylum seek- ers, combat transnational criminal organizations, strengthen border security, and reduce human slavery and smuggling. My Administration also remains committed to implementing trade deals that will bolster the economies of the United States and our allies in the Americas. I am proud to have delivered on my promise to end the outdated and unbalanced North American Free Trade Agreement (NAFTA) by signing the United States-Mexico-Canada Agreement (USMCA) into law, modernizing and rebalancing trade in a manner that supports robust economic growth throughout North America. Additionally, through the Ame´rica Crece initia- tive, we are deepening private-sector investment in energy and infrastructure, enhancing economic opportunity and growth across the Americas, and con- tinuing an historic period of cooperation. We also recognize that citizen-responsive democratic governance, character- ized by free and fair elections, is essential to peace and security, and we therefore remain committed to advocating for freedom and democracy for those living under authoritarian regimes in Venezuela, Cuba, and Nica- ragua. As part of the growing global consensus of nearly 60 countries that have recognized the legitimacy of interim President of Venezuela Juan Guaido, we are doing everything we can to support the Venezuelan people, address the humanitarian crisis in Venezuela and the region, peacefully restore democracy, and return Venezuela to its status as a stable and pros- perous nation. In February, I was pleased to host interim President Guaido as an honored guest at my State of the Union address. During his visit, I reaffirmed the dedication of the United States to bringing the full range of diplomatic and economic tools to bear on the Maduro regime until its

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illegitimate rule comes to an end. The United States also remains committed to helping the people of Cuba and Nicaragua create stable and free countries. Together with our regional partners, we will ensure the realization of the democratic dreams of those oppressed by tyrannical regimes. We are grateful for the blessings of freedom enjoyed in the United States and in so many other parts of the Western Hemisphere. We also remain steadfast in our determination to secure a freer and more democratic Western Hemisphere for all. On this day and during this week, let us celebrate the liberty we have fostered together with our regional partners and pledge our continuing support for a future where it is enjoyed even more widely throughout our Hemisphere. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 14, 2020, as Pan American Day and April 12 through April 18, 2020, as Pan American Week. I urge the Governors of the 50 States, the Governor of the Common- wealth of Puerto Rico, and the officials of the other areas under the flag of the United States of America to honor these observances with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of April, in the year of our Lord two thousand twenty, and of the Independ- ence of the United States of America the two hundred and forty-fourth.

[FR Doc. 2020–08246 Filed 4–15–20; 11:15 am] Billing code 3295–F0–P

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Reader Aids Federal Register Vol. 85, No. 74 Thursday, April 16, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 3 CFR Proposed Rules: Presidential Documents Ch. I...... 18477, 19907 Executive orders and proclamations 741–6000 Proclamations: 35...... 20430 The United States Government Manual 741–6000 10000...... 18847 50...... 19701 10001...... 19361 72...... 18876 Other Services 10002...... 19363 430...... 20886, 21104 Electronic and on-line services (voice) 741–6020 10003...... 19365 431...... 20886, 21104 Privacy Act Compilation 741–6050 10004...... 19367 10005...... 19369 12 CFR 10006...... 19375 3...... 20387 ELECTRONIC RESEARCH 10007...... 19641 Ch. II ...... 19077 World Wide Web 10008...... 20385 217...... 20387, 20578 10009...... 21309 225...... 18427 Full text of the daily Federal Register, CFR and other publications Executive Orders: 238...... 18427 is located at: www.govinfo.gov. 13911...... 18403 324...... 20387 Federal Register information and research tools, including Public 13912...... 18407 600...... 20586 Inspection List and electronic text are located at: 13913...... 19643 604...... 20586 www.federalregister.gov. 13914...... 20381 Proposed Rules: Administrative Orders: 5...... 18728 E-mail Memorandums: 261a...... 18156 FEDREGTOC (Daily Federal Register Table of Contents Electronic Memorandum of March 303...... 19706 Mailing List) is an open e-mail service that provides subscribers 28, 2020 ...... 18409 337...... 19706 with a digital form of the Federal Register Table of Contents. The Memorandum of March 704...... 19908, 20431 digital form of the Federal Register Table of Contents includes 30, 2020 ...... 18411 708a...... 20618 HTML and PDF links to the full text of each document. Memorandum of March 741...... 20618 30, 2020 ...... 18849 13 CFR To join or leave, go to https://public.govdelivery.com/accounts/ Memorandum of April USGPOOFR/subscriber/new, enter your email address, then 2, 2020...... 19637, 19639 120...... 18107, 20811 follow the instructions to join, leave, or manage your Memorandum of April 121...... 20817 subscription. 7, 2020 ...... 20383 14 CFR PENS (Public Law Electronic Notification Service) is an e-mail Notices: service that notifies subscribers of recently enacted laws. Notice of April 1, 25...... 18108 2020 ...... 18855 39 ...... 18428, 18431, 18435, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 18862, 19077, 19080, 19381, and select Join or leave the list (or change settings); then follow Notice of April 3, 2020 ...... 19373 19656, 19875, 20151, 20394, the instructions. 20396, 20399, 20402, 20405, FEDREGTOC and PENS are mailing lists only. We cannot 5 CFR 20408, 20411, 20586, 20589, respond to specific inquiries. 532...... 19377 21073 Reference questions. Send questions and comments about the 831...... 20575 61...... 18110 Federal Register system to: [email protected] 842...... 20575 71 ...... 18869, 18870, 19384, 20413, 20592, 21075 The Federal Register staff cannot interpret specific documents or 7 CFR 97 ...... 20414, 20416, 20419, regulations. 51...... 19378 20420 52...... 19378 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, APRIL 986...... 19651 21...... 20431 1719...... 18413 36...... 20431 18105–18412...... 1 1779...... 19655 39 ...... 18478, 19110, 19113, 18413–18856...... 2 3575...... 19655 19399, 19707, 20203, 20206, 18857–19076...... 3 4287...... 19655 20209, 20211, 20213, 20216, 19077–19374...... 6 Proposed Rules: 20447, 20618, 21115 19375–19640...... 7 800...... 18155 71...... 20450, 20451 19641–19874...... 8 982...... 20202 382...... 20889 19875–20150...... 9 8 CFR 15 CFR 20151–20384...... 10 732...... 18438 20385–20574...... 13 1003...... 18105 734...... 18438 20575–20810...... 14 9 CFR Proposed Rules: 20811–21072...... 15 Proposed Rules: 4...... 18481 21073–21310...... 16 57...... 18471 16 CFR 161...... 18471 1232...... 18111 10 CFR Proposed Rules: 72...... 18857 Ch. I ...... 20889

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255...... 19709 27 CFR 202...... 19666 403...... 20088 305...... 20218 4...... 18704, 20423 Proposed Rules: 404...... 20088 453...... 20453 Ch. II ...... 19919 5...... 18704, 20423 47 CFR 1015...... 21118 7...... 18704, 20423 39 CFR 1112...... 18878 19...... 18704, 20423 1...... 18131 1130...... 18878 Proposed Rules: 2...... 18131 1240...... 18878 29 CFR 3050...... 21130 15...... 18131 103...... 18366, 20156 18...... 18131 17 CFR 826...... 19326, 20156 40 CFR 22...... 18131 23...... 19878 4022...... 20829 52 ...... 18126, 18872, 19087, 24...... 18131 229...... 19884 19089, 19093, 19096, 19668, 25...... 18131 230...... 19884 30 CFR 19670, 19674, 19888, 20165, 27...... 18131 240...... 19884 56...... 19391 20178, 20424, 20426, 20427, 54...... 19892, 20429 249...... 19884 57...... 19391 20836 73...... 18131, 21076 723...... 20830 60...... 18448 76...... 21076 18 CFR 724...... 20830 63...... 20838, 20855 90...... 18131 35...... 20152 845...... 20830 81...... 19096 95...... 18131 375...... 19384 846...... 20830 127...... 20873 97...... 18131 101...... 18131 Proposed Rules: 31 CFR 180...... 20185 35...... 18784 261...... 19676 Proposed Rules: 501...... 19884 272...... 20187 1...... 19117, 20967 20 CFR 510...... 19884, 20158 711...... 19890, 20122 2...... 19117, 20967 535...... 19884 327...... 19386 Proposed Rules: 4...... 20649 536...... 19884 52 ...... 18160, 18509, 19116, 15...... 18901 21 CFR 539...... 19884 19408, 20896 18...... 19117, 20967 541...... 19884 63...... 19412, 20342 76 ...... 18527, 20649, 21131 5...... 18439 542...... 19884 500...... 18114 81...... 18509, 20896 48 CFR 544...... 19884 147...... 20621, 20909 510...... 18114 546...... 19884 180...... 20910 201...... 19681 520...... 18114, 18125 547...... 19884 257...... 20625 202...... 19681 522...... 18114, 18125 548...... 19884 721...... 18173, 18179 204...... 19681, 19691 524...... 18114 549...... 19884 212...... 19681, 19692 526...... 18114, 18125 560...... 19884 42 CFR 229...... 19698 556...... 18114 561...... 19884 232 ...... 19681, 19692, 19699 84...... 20598 558...... 18114 566...... 19884 252 ...... 19681, 19691, 19692, 400...... 19230 801...... 18439 576...... 19884 19698, 19699 405...... 19230 803...... 18439 583...... 19884 555...... 19393 409...... 19230 807...... 18439 584...... 19884 814...... 18439 410...... 19230 Proposed Rules: 588...... 19884 10...... 21139 820...... 18439 412...... 19230 592...... 19884 12...... 18181 821...... 18439 414...... 19230 594...... 19884 36...... 18181 822...... 18439 415...... 19230 597...... 19884 43...... 18181 830...... 18439 417...... 19230 598...... 19884 52...... 18181 860...... 18439 418...... 19230 203...... 19716 862...... 18444 32 CFR 421...... 19230 204...... 19719 866...... 18444 422...... 19230 172...... 19392 205...... 19716 884...... 18439 423...... 19230 716...... 18126 211 ...... 19716, 19721, 19722 900...... 18439 425...... 19230 Proposed Rules: 212...... 19716 1002...... 18439 440...... 19230 68...... 20893 217...... 19716 1308...... 19387, 20155 482...... 19230 219...... 19716 1310...... 20822 33 CFR 510...... 19230 225...... 19716 Proposed Rules: Proposed Rules: 117...... 19658, 19659 228...... 19716 409...... 20914 1...... 19114 165 ...... 18446, 19087, 20163, 232...... 19719 412...... 20625 11...... 19114 20593, 20596 236...... 19716 16...... 19114 413...... 20914 Proposed Rules: 237...... 19716 418...... 20949 129...... 19114 100...... 18157, 19709 246...... 19716 482...... 20625 133...... 20891 117...... 20454 250...... 19716 886...... 18483, 18490 165...... 20226 43 CFR 252 ...... 19716, 19719, 19721, 1308...... 19401 19722 34 CFR Proposed Rules: 22 CFR Proposed Rules: 420...... 20463 49 CFR 121...... 18445 Ch. II ...... 20455 8340...... 20229 Proposed Rules: 123...... 18445 Ch. III...... 18508, 19908 44 CFR 190...... 21140 124...... 18445 600...... 18638, 20895 194...... 21140 126...... 18445 668...... 18638, 20895 64...... 18129 195...... 21140 129...... 18445 328...... 20195 273...... 20466 708...... 20423 36 CFR 45 CFR 299...... 21159 251...... 19660 1548...... 20234 26 CFR Proposed Rules: 160...... 19392 1...... 19802 1...... 19711 164...... 19392 50 CFR 301...... 19802 4...... 19711 Proposed Rules: 10...... 21282 Proposed Rules: 327...... 20460 1610...... 20648 92...... 18455 1 ...... 18496, 19082, 19858, 1192...... 20228 1630...... 20648 217...... 18459, 20201 21129 229...... 21079 300...... 21126 37 CFR 46 CFR 622...... 19396, 20611 301...... 18496, 21129 201...... 19666 401...... 20088 635 ...... 18152, 18153, 18812

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648...... 18873, 20615 Proposed Rules: 32...... 20030 622...... 20970 679...... 19397 17...... 20967 36...... 20030 648...... 19126, 19129 20...... 18532 71...... 20030 679...... 20657 27...... 19418

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