Vol. 85 Thursday, No. 108 June 4, 2020 Pages 34353–34492

Vol. 85 Thursday, No. 108 June 4, 2020

Pages 34353–34492

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 108

Thursday, June 4, 2020

Agriculture Department Environmental Protection Agency See Food Safety and Inspection Service RULES See Forest Service Air Quality State Implementation Plans; Approvals and Promulgations: Broadcasting Board of Governors Vermont; Infrastructure State Implementation Plan NOTICES Requirements for the 2015 Ozone Standard, 34357– Meetings; Sunshine Act, 34402 34359 Final Approval of State Underground Storage Tank Program Centers for Medicare & Medicaid Services Revisions: NOTICES Louisiana, 34361–34369 Agency Information Collection Activities; Proposals, Tolerance Exemption: Submissions, and Approvals, 34449–34451 Ea peptide 91398, 34359–34361 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Children and Families Administration Promulgations: NOTICES Maintenance Plan and Redesignation Request for the Ajo Privacy Act; Matching Program, 34451–34453 PM10 Planning Area; Arizona, 34381–34395 New Jersey; Revisions to Emissions Reporting Civil Rights Commission Requirements, 34379–34380 NOTICES Final Approval of State Underground Storage Tank Program Meetings: Revisions: Missouri Advisory Committee, 34403 Louisiana, 34395–34396 New Mexico Advisory Committee, 34403 NOTICES North Carolina Advisory Committee, 34404 Agency Information Collection Activities; Proposals, South Carolina Advisory Committee, 34404 Submissions, and Approvals: National Emission Standards for Hazardous Air Commerce Department Pollutants for Polyether Polyols Production, 34433– See Foreign-Trade Zones Board 34434 See Industry and Security Bureau Toxic Substances Control Act Existing Chemical Risk See International Trade Administration Evaluation and Management—Generic ICR for See National Oceanic and Atmospheric Administration Interviews and Focus Groups, 34434–34435 Toxic Substances Control Act Existing Chemical Risk Copyright Royalty Board Evaluation and Management—Generic ICR for NOTICES Surveys, 34435–34436 Adjustment of Cable Statutory License Royalty Rates, 34467 Request for Information: Recent Specifications Review on WaterSense Program, Drug Enforcement Administration 34436 NOTICES Importer of Controlled Substances Application: Farm Credit Administration Akorn, Inc., 34465–34466 NOTICES Bellwyck Clinical Services, 34466 Privacy Act; Systems of Records, 34436–34438 Catalent Pharma Solutions, LLC, 34465 Federal Aviation Administration Education Department PROPOSED RULES NOTICES Airworthiness Directives: Agency Information Collection Activities; Proposals, Airbus Helicopters, 34375–34378 Submissions, and Approvals: Airbus SAS Airplanes, 34371–34375 Education Innovation and Research Application Package, NOTICES 34423–34424 Agency Information Collection Activities; Proposals, William D. Ford Federal Direct Loan Program, Federal Submissions, and Approvals: Direct PLUS Loan Request for Supplemental Aging Aircraft Program (Widespread Fatigue Damage), Information, 34424 34486 Application for Certificate of Waiver or Authorization, Energy Department 34485–34486 See Federal Energy Regulatory Commission Certification and Operations: Airplanes with Seating NOTICES Capacity of 20 or More Passenger Seats or Maximum Application to Export Electric Energy: Payload of 6,000 Pounds or More—FAR 125, 34484– Morgan Stanley Capital Group, Inc., 34425–34426 34485 Meetings: Certification of Repair Stations, 34483–34484 President’s Council of Advisors on Science and General Operating and Flight Rules—FAR 91, 34482– Technology; Open Virtual Meeting, 34424–34425 34483

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Meetings: Environmental Assessments; Availability, etc.: Federal Aviation Administration Aviation Rulemaking Hog Creek Wind Project, Hardin County, OH; Draft Advisory Committee, 34485 Habitat Conservation Plan; Receipt of Application for Incidental Take Permit, 34461–34463 Federal Communications Commission NOTICES Food and Drug Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 34439–34447 Guidances: Federal Advisory Committee Establishment: Product-Specific Guidances, 34453–34454 Hospital Robocall Protection Group, 34438–34439 Food Safety and Inspection Service NOTICES Federal Energy Regulatory Commission Expansion of Shiga Toxin-Producing Escherichia coli NOTICES Testing to Additional Raw Beef Products, 34397–34402 Application: Androscoggin Reservoir Co., 34426–34427 Foreign-Trade Zones Board Duke Energy Carolinas, LLC, 34427–34428 NOTICES North Hartland, LLC; Green Mountain Power Corp., Approval of Subzone Status: 34432–34433 Seadrill Americas Inc., New Iberia, LA, 34405 Renewable Energy Aggregators, Inc., 34430 Authorization of Limited Production Activity: Combined Filings, 34429–34430 Regent Tek Industries, Inc., Foreign-Trade Zone 52, Filing: Hauppauge, NY, 34405 Paul J. Miller, 34428 Authorization of Production Activity: Initial Market-Based Rate Filings Including Requests for Traxys Cometals USA, LLC, Foreign-Trade Zone 158, Blanket Section 204 Authorizations: Jackson, MS, 34405 Blooming Grove Wind Energy Center LLC, 34431–34432 Desert Harvest II, LLC, 34428 Forest Service Desert Harvest, LLC, 34428–34429 PROPOSED RULES Maverick Solar 4, LLC, 34430–34431 Special Uses: Maverick Solar, LLC, 34431 Processing of Applications, Issuance of Authorizations, and Communications Site Management, 34378–34379 Federal Highway Administration NOTICES Health and Human Services Department Environmental Impact Statements; Availability, etc.: See Centers for Medicare & Medicaid Services Kauai County, HI, 34487 See Children and Families Administration South Kohala, HI, 34487 See Food and Drug Administration See Health Resources and Services Administration Federal Railroad Administration See Substance Abuse and Mental Health Services NOTICES Administration Petition for Waiver of Compliance, 34487–34489 Health Resources and Services Administration Federal Reserve System NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 34448–34449 Substance Use Disorder Treatment and Recovery Loan Change in Bank Control Notices: Repayment Program, 34454–34456 Acquisitions of Shares of a Bank or Bank Holding Homeland Security Department Company, 34447–34448 Formations of, Acquisitions by, and Mergers of Savings and See U.S. Citizenship and Immigration Services Loan Holding Companies, 34447 Housing and Urban Development Department NOTICES Fiscal Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, 2021 Rental Housing Finance Survey, 34458–34459 Submissions, and Approvals: Housing Finance Agency Risk-Sharing Program, 34459– Legacy Treasury Direct Forms, 34489 34460 Resolution for Transactions Involving Treasury Annual Indexing of Basic Statutory Mortgage Limits for Securities, 34489 Multifamily Housing Programs, 34460–34461

Fish and Wildlife Service Industry and Security Bureau NOTICES NOTICES Endangered and Threatened Species: Export Priviliges; Denials: Incidental Take Permit Application and Habitat Mahan Airways, et al., 34405–34413 Conservation Plan for the Proposed Rooney Ranch Wind Repowering Project, Alameda County, Interior Department California; Availability of Draft Environmental See Fish and Wildlife Service Assessment; Correction, 34461 See National Park Service

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International Trade Administration Presidential Documents NOTICES PROCLAMATIONS Antidumping or Countervailing Duty Investigations, Orders, China; Suspension of Entry Into U.S. as Nonimmigrants or Reviews: Certain Students and Researchers (Proc. 10043), 34353– Certain Cold-Rolled Steel Flat Products and Certain 34355 Corrosion-Resistant Steel Products from the Republic of Korea, 34413–34416 Securities and Exchange Commission Hydrofluorocarbon Blends from the People’s Republic of NOTICES China, 34416–34419 Applications: Monosodium Glutamate from the Republic of Indonesia, Deregistration under Section 8(f) of the Investment 34419–34420 Company Act of 1940, 34471–34472 Self-Regulatory Organizations; Proposed Rule Changes: International Trade Commission NYSE Chicago, Inc., 34472–34477 NOTICES The Options Clearing Corp., 34468–34470 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Social Security Administration Tow-Behind Lawn Groomers from China; Scheduling of NOTICES an Expedited Five-Year Review, 34464–34465 Privacy Act; Systems of Records, 34477–34481

Justice Department State Department See Drug Enforcement Administration NOTICES See Justice Programs Office Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Proposed Consent Decrees under the Clean Air Act, 34466 Education and Cultural Affairs Monitoring and Evaluation Initiative, 34481–34482 Justice Programs Office NOTICES Substance Abuse and Mental Health Services Meetings: Administration Public Safety Officer Medal of Valor Review Board, NOTICES 34466–34467 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34456–34457 Library of Congress See Copyright Royalty Board Transportation Department See Federal Aviation Administration National Drug Control Policy Office See Federal Highway Administration NOTICES See Federal Railroad Administration Designation of Twelve Areas as High Intensity Drug Trafficking Areas, 34467–34468 Treasury Department See Fiscal Service National Oceanic and Atmospheric Administration NOTICES U.S. Citizenship and Immigration Services Meetings: NOTICES Advisory Committee on Commercial Remote Sensing, Agency Information Collection Activities; Proposals, 34423 Submissions, and Approvals: Western Pacific Fishery Management Council, 34420– National Interest Waivers; Supplemental Evidence to I- 34422 140 and I-485, 34457 Withdrawal of Federal Moratorium: Petition for Alien Fiance(e), 34458 Atlantic Coastal Fisheries Cooperative Management Act Provisions; Atlantic Menhaden Fishery, 34422–34423 Unified Carrier Registration Plan National Park Service NOTICES Meetings; Sunshine Act, 34489–34491 NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 34463–34464 Reader Aids Nuclear Regulatory Commission Consult the Reader Aids section at the end of this issue for PROPOSED RULES phone numbers, online resources, finding aids, and notice Categorization of the Licensee Fee Category for Full-Cost of recently enacted public laws. Recovery, 34370–34371 To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Postal Regulatory Commission accounts/USGPOOFR/subscriber/new, enter your e-mail NOTICES address, then follow the instructions to join, leave, or New Postal Products, 34468 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: 10043...... 34353 10 CFR Proposed Rules: 170...... 34370 14 CFR Proposed Rules: 39 (2 documents) ...... 34371, 34375 36 CFR Proposed Rules: 251...... 34378 40 CFR 52...... 34357 180...... 34359 282...... 34361 Proposed Rules: 52 (2 documents) ...... 34379, 34381 81...... 34381 282...... 34395

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Federal Register Presidential Documents Vol. 85, No. 108

Thursday, June 4, 2020

Title 3— Proclamation 10043 of May 29, 2020

The President Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People’s Republic of China

By the President of the United States of America

A Proclamation The People’s Republic of China (PRC) is engaged in a wide-ranging and heavily resourced campaign to acquire sensitive United States technologies and intellectual property, in part to bolster the modernization and capability of its military, the People’s Liberation Army (PLA). The PRC’s acquisition of sensitive United States technologies and intellectual property to modernize its military is a threat to our Nation’s long-term economic vitality and the safety and security of the American people. The PRC authorities use some Chinese students, mostly post-graduate students and post-doctorate researchers, to operate as non-traditional collectors of intellectual property. Thus, students or researchers from the PRC studying or researching beyond the undergraduate level who are or have been associated with the PLA are at high risk of being exploited or co-opted by the PRC authorities and provide particular cause for concern. In light of the above, I have determined that the entry of certain nationals of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States would be detrimental to the interests of the United States. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigra- tion and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States as nonimmigrants of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: Section 1. Suspension and Limitation on Entry. The entry into the United States as a nonimmigrant of any national of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States, except for a student seeking to pursue undergraduate study, and who either receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of, or has been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s ‘‘military-civil fusion strategy’’ is hereby suspended and limited subject to section 2 of this proclamation. For the purposes of this proclamation, the term ‘‘military-civil fusion strategy’’ means actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities. Sec. 2. Scope of Suspension and Limitation on Entry. (a) Section 1 of this proclamation shall not apply to: (i) any lawful permanent resident of the United States;

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(ii) any alien who is the spouse of a United States citizen or lawful permanent resident; (iii) any alien who is a member of the United States Armed Forces and any alien who is a spouse or child of a member of the United States Armed Forces; (iv) any alien whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who would otherwise be allowed entry into the United States pursuant to United States obligations under applicable international agreements; (v) any alien who is studying or conducting research in a field involving information that would not contribute to the PRC’s military-civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security, in consultation with the appropriate executive departments and agencies (agencies); (vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Sec- retary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or (vii) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. (b) Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhu- man or Degrading Treatment or Punishment, consistent with the laws of the United States. Sec. 3. Implementation and Enforcement. (a) Persons covered by sections 1 or 2 of this proclamation shall be identified by the Secretary of State or the Secretary of State’s designee, in his or her sole discretion, pursuant to such standards and procedures as the Secretary of State may establish. For purposes of subsections 2(a)(v), 2(a)(vi), and 2(a)(vii) of this proclamation, the Secretary of State shall provide for identifications of aliens based on the further determinations and recommendations provided for in those subsections by the Attorney General and the Secretary of Homeland Security. (b) The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish in the Secretary of State’s discretion. The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion. (c) An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security. Sec. 4. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of State, in consultation with the Secretary of Homeland Security, may at any time recommend that the President continue, modify, or terminate this proclamation. Sec. 5. Effective Date. This proclamation is effective at 12:00 p.m. eastern daylight time on June 1, 2020. Sec. 6. Additional Measures. (a) The Secretary of State shall consider, in the Secretary’s discretion, whether nationals of the PRC currently in the United States pursuant to F or J visas and who otherwise meet the criteria described in section 1 of this proclamation should have their visas revoked pursuant to section 221(i) of the INA, 8 U.S.C. 1201(i). (b) Within 60 days of the effective date of this proclamation, the Secretary of State and the Secretary of Homeland Security, in consultation with the

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heads of appropriate agencies, shall review nonimmigrant and immigrant programs and shall recommend to the President, through the Assistant to the President for National Security Affairs, any other measures requiring Presidential action that would mitigate the risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property. (c) The Secretary of State and the Secretary of Homeland Security shall, within the scope of their respective authorities and in coordination with the heads of appropriate agencies, take action to further mitigate the risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property. The Secretary of State and the Secretary of Homeland Security shall report to the President, within 60 days of the effective date of this proclamation, through the Assistant to the President for National Security Affairs, any such planned and executed actions. (d) The Secretary of State and the Secretary of Homeland Security shall consider issuing updated regulations and guidance, as appropriate, implementing the inadmissibility provisions in section 212(a)(3)(D) of the INA, 8 U.S.C. 1182(a)(3)(D). Sec. 7. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of May, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty- fourth.

[FR Doc. 2020–12217 Filed 6–3–20; 8:45 am] Billing code 3295–F0–P

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Rules and Regulations Federal Register Vol. 85, No. 108

Thursday, June 4, 2020

This section of the FEDERAL REGISTER listed in the index, some information is II. Final Action contains regulatory documents having general not publicly available, i.e., CBI or other EPA is approving Vermont’s applicability and legal effect, most of which information whose disclosure is are keyed to and codified in the Code of November 19, 2019, infrastructure SIP restricted by statute. Certain other submission for the 2015 ozone Federal Regulations, which is published under material, such as copyrighted material, 50 titles pursuant to 44 U.S.C. 1510. NAAQS)—including the ‘‘Good is not placed on the internet and will be Neighbor’’ or ‘‘transport’’ provisions—as The Code of Federal Regulations is sold by publicly available only in hard copy a revision to the Vermont SIP. In the Superintendent of Documents. form. Publicly available docket addition, EPA is approving, and materials are available at https:// incorporating into the Vermont SIP, the www.regulations.gov or at the U.S. following executive order: ENVIRONMENTAL PROTECTION Environmental Protection Agency, EPA AGENCY State of Vermont Executive Order No. Region 1 Regional Office, Air and 19–17, Executive Code of Ethics, Radiation Division, 5 Post Office 40 CFR Part 52 effective December 4, 2017. Square—Suite 100, Boston, MA. EPA EPA is also removing State of [EPA–R01–OAR–2020–0057; FRL–10009– requests that if at all possible, you Vermont Executive Order No. 09–11, 47–Region 1] contact the contact listed in the FOR Executive Code of Ethics, from the FURTHER INFORMATION CONTACT section to Vermont SIP because this has been Air Plan Approval; Vermont; schedule your inspection. The Regional superseded and replaced by Executive Infrastructure State Implementation Office’s official hours of business are Order No. 19–17. Plan Requirements for the 2015 Ozone Monday through Friday, 8:30 a.m. to Standard 4:30 p.m., excluding legal holidays and III. Incorporation by Reference AGENCY: Environmental Protection facility closures due to COVID–19. In this rule, the EPA is finalizing Agency (EPA). FOR FURTHER INFORMATION CONTACT: regulatory text that includes ACTION: Final rule. Alison C. Simcox, Air Quality Branch, incorporation by reference. In U.S. Environmental Protection Agency, accordance with requirements of 1 CFR SUMMARY: The Environmental Protection EPA Region 1, 5 Post Office Square— 51.5, the EPA is finalizing the Agency (EPA) is approving a State Suite 100, (Mail code 05–2), Boston, MA incorporation by reference of the Implementation Plan (SIP) revision 02109–3912, tel. (617) 918–1684, email Vermont executive order described in submitted by the State of Vermont that [email protected]. the amendments to 40 CFR part 52 set addresses the infrastructure SUPPLEMENTARY INFORMATION: forth below. The EPA has made, and requirements of the Clean Air Act (CAA Throughout this document whenever will continue to make, these documents or Act)—including the interstate ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean generally available through https:// transport provisions—for the 2015 EPA. www.regulations.gov and at the EPA ozone National Ambient Air Quality Table of Contents Region 1 Office (please contact the Standards (NAAQS). The infrastructure person identified in the FOR FURTHER requirements are designed to ensure that I. Background and Purpose INFORMATION CONTACT section of this II. Final Action the structural components of each preamble for more information). state’s air-quality management program, III. Incorporation by Reference IV. Statutory and Executive Order Reviews Therefore, these materials have been including provisions prohibiting approved by EPA for inclusion in the emissions that will have certain adverse I. Background and Purpose State implementation plan, have been air-quality effects in other states, are On April 1, 2020 (85 FR 18160), EPA incorporated by reference by EPA into adequate to meet the state’s published a notice of proposed that plan, are fully federally enforceable responsibilities under the CAA. EPA is rulemaking (NPRM) for the State of under sections 110 and 113 of the CAA also approving the State of Vermont Vermont. as of the effective date of the final Executive Order (E.O.) 19–17, Executive The NPRM proposed approval of a rulemaking of EPA’s approval, and will Code of Ethics, which Vermont Vermont SIP revision that addresses the be incorporated by reference in the next submitted with its infrastructure infrastructure requirements of the Clean update to the SIP compilation.1 submission for the 2015 ozone NAAQS Air Act (CAA or Act)—including the to be added to the SIP. Because E.O. 19– interstate transport provisions—for the IV. Statutory and Executive Order 17 supersedes and replaces E.O. 09–11, 2015 ozone National Ambient Air Reviews EPA is also removing E.O. 09–11 from Quality Standards (NAAQS). The NPRM Under the Clean Air Act, the the Vermont SIP. This action is being also proposed approval of State of Administrator is required to approve a taken in accordance with the Clean Air Vermont Executive Order (E.O.) 19–17, SIP submission that complies with the Act. Executive Code of Ethics, which the provisions of the Act and applicable DATES: This rule is effective on July 6, State submitted with its infrastructure Federal regulations. 42 U.S.C. 7410(k); 2020. submission. The formal SIP revision 40 CFR 52.02(a). Thus, in reviewing SIP ADDRESSES: EPA has established a was submitted by Vermont on submissions, EPA’s role is to approve docket for this action under Docket November 19, 2019. The rationale for state choices, provided that they meet Identification No. EPA–R01–OAR– EPA’s proposed action is given in the the criteria of the Clean Air Act. 2020–0057. All documents in the docket NPRM and will not be restated here. Accordingly, this action merely are listed on the https:// EPA received no public comments on www.regulations.gov website. Although the NPRM. 1 62 FR 27968 (May 22, 1997).

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approves state law as meeting Federal appropriate, disproportionate human not be challenged later in proceedings to requirements and does not impose health or environmental effects, using enforce its requirements. (See section additional requirements beyond those practicable and legally permissible 307(b)(2).) imposed by state law. For that reason, methods, under Executive Order 12898 List of Subjects in 40 CFR Part 52 this action: (59 FR 7629, February 16, 1994). • Is not a significant regulatory action In addition, the SIP is not approved Environmental protection, Air subject to review by the Office of to apply on any Indian reservation land pollution control, Carbon monoxide, Management and Budget under or in any other area where EPA or an Incorporation by reference, Executive Orders 12866 (58 FR 51735, Indian tribe has demonstrated that a Intergovernmental relations, Lead, October 4, 1993) and 13563 (76 FR 3821, tribe has jurisdiction. In those areas of Nitrogen dioxide, Ozone, Particulate January 21, 2011); Indian country, the rule does not have matter, Reporting and recordkeeping • Is not an Executive Order 13771 tribal implications and will not impose requirements, Sulfur oxides, Volatile regulatory action because this action is substantial direct costs on tribal organic compounds. not significant under Executive Order governments or preempt tribal law as Dated: May 6, 2020. 12866; specified by Executive Order 13175 (65 • Does not impose an information FR 67249, November 9, 2000). Dennis Deziel, collection burden under the provisions The Congressional Review Act, 5 Regional Administrator, EPA Region 1. U.S.C. 801 et seq., as added by the Small of the Paperwork Reduction Act (44 Part 52 of chapter I, title 40 of the Business Regulatory Enforcement U.S.C. 3501 et seq.); Code of Federal Regulations is amended • Fairness Act of 1996, generally provides Is certified as not having a as follows: significant economic impact on a that before a rule may take effect, the substantial number of small entities agency promulgating the rule must PART 52—APPROVAL AND under the Regulatory Flexibility Act (5 submit a rule report, which includes a PROMULGATION OF U.S.C. 601 et seq.); copy of the rule, to each House of the IMPLEMENTATION PLANS • Does not contain any unfunded Congress and to the Comptroller General mandate or significantly or uniquely of the United States. EPA will submit a ■ 1. The authority citation for part 52 affect small governments, as described report containing this action and other continues to read as follows: in the Unfunded Mandates Reform Act required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq. of 1995 (Pub. L. 104–4); the U.S. House of Representatives, and • Does not have federalism the Comptroller General of the United Subpart UU—Vermont implications as specified in Executive States prior to publication of the rule in Order 13132 (64 FR 43255, August 10, the Federal Register. A major rule ■ 2. Amend § 52.2370: 1999); cannot take effect until 60 days after it ■ a. In the table in paragraph (c) by • Is not an economically significant is published in the Federal Register. removing the entry ‘‘Vermont Executive regulatory action based on health or This action is not a ‘‘major rule’’ as Order 09–11’’ and adding the entry safety risks subject to Executive Order defined by 5 U.S.C. 804(2). ‘‘Vermont Executive Order 19–17’’ at 13045 (62 FR 19885, April 23, 1997); Under section 307(b)(1) of the Clean the end of the Statutes and Executive • Is not a significant regulatory action Air Act, petitions for judicial review of Orders section of the table; and subject to Executive Order 13211 (66 FR this action must be filed in the United 28355, May 22, 2001); States Court of Appeals for the ■ b. In the table in paragraph (e) by • Is not subject to requirements of appropriate circuit by August 3, 2020. adding the entry ‘‘Submittal to meet Section 12(d) of the National Filing a petition for reconsideration by Section 110(a)(2) Infrastructure Technology Transfer and Advancement the Administrator of this final rule does Requirements for the 2015 Ozone Act of 1995 (15 U.S.C. 272 note) because not affect the finality of this action for NAAQS’’ at the end of the table. application of those requirements would the purposes of judicial review nor does The additions read as follows: be inconsistent with the Clean Air Act; it extend the time within which a and petition for judicial review may be filed, § 52.2370 Identification of plan. • Does not provide EPA with the and shall not postpone the effectiveness * * * * * discretionary authority to address, as of such rule or action. This action may (c) * * *

EPA-APPROVED VERMONT REGULATIONS

State State citation Title/subject effective EPA approval date Explanations date

*******

Statutes and Executive Orders

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EPA-APPROVED VERMONT REGULATIONS—Continued

State State citation Title/subject effective EPA approval date Explanations date

******* Vermont Executive Executive Code of Eth- 12/4/2017 6/4/2020 [Insert Fed- Prohibits all Vermont executive branch ap- Order 19–17. ics. eral Register cita- pointees (including the ANR Secretary) from tion]. taking ‘‘any action in any matter in which he or she has either a Conflict of Interest or the appearance of a Conflict of Interest, until the Conflict is resolved.’’ Submitted and approved as part of 2015 Ozone infrastructure SIP.

* * * * * (e) ** *

VERMONT NON-REGULATORY

State Name of non-regulatory Applicable submittal SIP provision geographic or date/effective EPA approved date Explanations nonattainment area date

******* Submittal to meet Sec- Statewide ...... 11/19/2019 6/4/2020 [Insert Fed- This submittal is approved with respect to the tion 110(a)(2) Infra- eral Register cita- following CAA elements or portions thereof: structure Require- tion]. 110(a)(2) (A), (B), (C), (D), (E)(1), E(2), (F), ments for the 2015 (G), (H), (J1), (J2), (J3), (K), (L), and (M). Ozone NAAQS. This approval includes the Transport SIP for the 2015 Ozone NAAQS, which shows that Vermont does not significantly contribute to ozone nonattainment or maintenance in any other state.

[FR Doc. 2020–10059 Filed 6–3–20; 8:45 am] August 3, 2020, and must be filed in (703) 305–7090; email address: BILLING CODE 6560–50–P accordance with the instructions [email protected]. provided in 40 CFR part 178 (see also SUPPLEMENTARY INFORMATION: Unit I.C. of the SUPPLEMENTARY ENVIRONMENTAL PROTECTION INFORMATION). I. General Information AGENCY ADDRESSES: The docket for this action, A. Does this action apply to me? 40 CFR Part 180 identified by docket identification (ID) You may be potentially affected by number EPA–HQ–OPP–2018–0686, is this action if you are an agricultural [EPA–HQ–OPP–2018–0686; FRL–10007–57] available at http://www.regulations.gov producer, food manufacturer, or or at the Office of Pesticide Programs pesticide manufacturer. The following Ea peptide 91398; Exemption From the Regulatory Public Docket (OPP Docket) Requirement of a Tolerance list of North American Industrial in the Environmental Protection Agency Classification System (NAICS) codes is AGENCY: Environmental Protection Docket Center (EPA/DC), West William not intended to be exhaustive, but rather Agency (EPA). Jefferson Clinton Bldg., Rm. 3334, 1301 provides a guide to help readers ACTION: Final rule. Constitution Ave. NW, Washington, DC determine whether this document 20460–0001. The Public Reading Room applies to them. Potentially affected SUMMARY: This regulation establishes an is open from 8:30 a.m. to 4:30 p.m., entities may include: exemption from the requirement of a Monday through Friday, excluding legal • Crop production (NAICS code 111). tolerance for residues of the Ea peptide holidays. The telephone number for the • Animal production (NAICS code 91398 on all food commodities when Public Reading Room is (202) 566–1744, 112). applied/used as a biochemical pesticide. and the telephone number for the OPP • Food manufacturing (NAICS code Plant Health Care, Inc. submitted a Docket is (703) 305–5805. Please review 311). petition to EPA under the Federal Food, the visitor instructions and additional • Pesticide manufacturing (NAICS Drug, and Cosmetic Act (FFDCA), information about the docket available code 32532). requesting an exemption from the at http://www.epa.gov/dockets. requirement of a tolerance. This FOR FURTHER INFORMATION CONTACT: B. How can I get electronic access to regulation eliminates the need to Robert McNally, Biopesticides and other related information? establish a maximum permissible level Pollution Prevention Division (7511P), You may access a frequently updated for residues of Ea peptide 91398. Office of Pesticide Programs, electronic version of 40 CFR part 180 DATES: This regulation is effective June Environmental Protection Agency, 1200 through the Government Publishing 4, 2020. Objections and requests for Pennsylvania Ave. NW, Washington, DC Office’s e-CFR site at http:// hearings must be received on or before 20460–0001; main telephone number: www.ecfr.gov/cgi-bin/text-

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idx?®&c=ecfr&tpl=/ecfrbrowse/Title40/ petition requested that 40 CFR part 180 the factors set forth in FFDCA section 40tab_02.tpl. be amended by establishing an 408(b)(2)(C), which require EPA to give exemption from the requirement of a special consideration to exposure of C. How can I file an objection or hearing tolerance for residues of ‘‘Peptides infants and children to the pesticide request? Derived from Harpin Protein’’ (PDHP), a chemical residue in establishing a Under FFDCA section 408(g), 21 class of peptides that includes Ea tolerance and to ‘‘ensure that there is a U.S.C. 346a, any person may file an peptide 91398. That document reasonable certainty that no harm will objection to any aspect of this regulation referenced a summary of the petition result to infants and children from and may also request a hearing on those prepared by the petitioner Plant Health aggregate exposure to the pesticide objections. You must file your objection Care, Inc., which is available in the chemical residue.... ’’ Additionally, or request a hearing on this regulation docket, http://www.regulations.gov. FFDCA section 408(b)(2)(D) requires in accordance with the instructions Three comments were received on the that the Agency consider ‘‘available provided in 40 CFR part 178. To ensure notice of filing. EPA’s response to these information concerning the cumulative proper receipt by EPA, you must comments is discussed in Unit III.C. effects of a particular pesticide’s identify docket ID number EPA–HQ– The petitioner defined PDHP as ‘‘(1) residues’’ and ‘‘other substances that OPP–2018–0686 in the subject line on consists of a peptide less than 5 kD in have a common mechanism of toxicity.’’ the first page of your submission. All size, less than 40 amino acids in length, EPA evaluated the available toxicity objections and requests for a hearing that is acidic (pI<7.0) and contains no and exposure data on Ea peptide 91398 must be in writing, and must be cysteine residues; (2) the source(s) of and considered their validity, received by the Hearing Clerk on or genetic material encoding the protein completeness, and reliability, as well as before August 3, 2020. Addresses for are bacterial plant pathogens not known the relationship of this information to mail and hand delivery of objections to be mammalian pathogens or any human risk. A full explanation of the and hearing requests are provided in 40 structurally, functionally similar data upon which EPA relied and its risk CFR 178.25(b). peptide produced synthetically; (3) assessment based on those data can be In addition to filing an objection or elicits the Natural Defense Mechanism found within the document entitled hearing request with the Hearing Clerk (NDM), which is characterized as rapid, ‘‘Federal Food, Drug, and Cosmetic Act as described in 40 CFR part 178, please localized cell death in plant tissue after (FFDCA) Safety Determination for Ea submit a copy of the filing (excluding infiltration of the peptide into the Peptide 91398’’ (Safety Determination). any Confidential Business Information intercellular spaces of plant leaves or This document, as well as other relevant (CBI)) for inclusion in the public docket. roots; (4) is heat stable (retains NDM information, is available in the docket Information not marked confidential activity when heated to 65 °C for 20 for this action as described under pursuant to 40 CFR part 2 may be minutes); (5) is readily degraded by a ADDRESSES. disclosed publicly by EPA without prior proteinase representative of Ea peptide 91398 is a short synthetic notice. Submit the non-CBI copy of your environmental conditions as well as peptide derived from harpin protein. objection or hearing request, identified degradation by environmental factors The peptide has a non-toxic mode of by docket ID number EPA–HQ–OPP– such as oxidation and hydrolysis; (6) action and functions as a plant response elicitor when applied to growing plants. 2018–0686, by one of the following exhibits a rat acute oral toxicity (LD50) methods: Ea 91398 stimulates natural plant • of greater than 5,000 mg product/kg Federal eRulemaking Portal: http:// body weight.’’ However, after review, defense, growth, and metabolic www.regulations.gov. Follow the online the Agency determined that the petition mechanisms to provide protection against fungal and bacterial pathogens instructions for submitting comments. and submitted data support an and against nematodes. The proposed Do not submit electronically any exemption from the requirement of uses include treatment of a wide range information you consider to be CBI or tolerance only for Ea peptide 91398, and of agricultural crops by seed treatment other information whose disclosure is not the broader class of PDHP. restricted by statute. or foliar applications. • Mail: OPP Docket, Environmental III. Final Rule Harpin proteins are sourced from a naturally-occuring bacterial plant Protection Agency Docket Center (EPA/ A. EPA’s Safety Determination DC), (28221T), 1200 Pennsylvania Ave. pathogen, Erwinia amylovora, that has NW, Washington, DC 20460–0001. Section 408(c)(2)(A)(i) of FFDCA no known pathogenicity to mammals. • Hand Delivery: To make special allows EPA to establish an exemption EPA has previously registered other arrangements for hand delivery or from the requirement for a tolerance (the harpin proteins under the Federal delivery of boxed information, please legal limit for a pesticide chemical Insecticide, Fungicide, and Rodenticide follow the instructions at http:// residue in or on a food) only if EPA Act (FIFRA) for similar uses and www.epa.gov/dockets/contacts.html. determines that the exemption is ‘‘safe.’’ application methods. An exemption Additional instructions on commenting Section 408(c)(2)(A)(ii) of FFDCA from the requirement of tolerance has or visiting the docket, along with more defines ‘‘safe’’ to mean that ‘‘there is a been previously established for harpin information about dockets generally, is reasonable certainty that no harm will proteins with a secondary structure available at http://www.epa.gov/ result from aggregate exposure to the consisting of a and b units (40 CFR dockets. pesticide chemical residue, including 180.1204), although this exemption does all anticipated dietary exposures and all not include Ea peptide 91398. II. Background and Statutory Findings other exposures for which there is Data and scientific information In the Federal Register of February 6, reliable information.’’ This includes submitted in support of the petition 2019 (84 FR 2115) (FRL–9987–08), EPA exposure through drinking water and in demonstrated that, with regard to issued a document pursuant to FFDCA residential settings but does not include humans, Ea peptide 91398 is not toxic, section 408(d)(3), 21 U.S.C. 346a(d)(3), occupational exposure. Pursuant to mutagenic, or allergenic via any route of announcing the filing of a pesticide FFDCA section 408(c)(2)(B), in exposure. Although there may be some tolerance petition (PP 8F8698) by Plant establishing or maintaining in effect an exposure to residues when Ea peptide Health Care, Inc., 2626 Glenwood Ave., exemption from the requirement of a 91398 is used on food commodities in Suite 350, Raleigh, NC 26708. The tolerance, EPA must take into account accordance with label directions and

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good agricultural practices, dietary October 4, 1993). Because this action V. Congressional Review Act exposure to such residues presents no has been exempted from review under Pursuant to the Congressional Review concern for adverse effects. Because no Executive Order 12866, this action is Act (5 U.S.C. 801 et seq.), EPA will adverse effects to infants, children, and not subject to Executive Order 13211, submit a report containing this rule and adults are anticipated, EPA determined entitled ‘‘Actions Concerning other required information to the U.S. that an additional Food Quality Regulations That Significantly Affect Senate, the U.S. House of Protection Act (FQPA) safety factor is Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller not necessary to protect infants and FR 28355, May 22, 2001) or Executive General of the United States prior to children from anticipated residues of Ea Order 13045, entitled ‘‘Protection of publication of the rule in the Federal peptide 91398. These findings are Children from Environmental Health Register. This action is not a ‘‘major discussed in more detail in the Safety Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2). Determination. April 23, 1997). This action does not Based upon its evaluation in the contain any information collections List of Subjects in 40 CFR Part 180 Safety Determination, EPA concludes subject to OMB approval under the Environmental protection, that there is a reasonable certainty that Paperwork Reduction Act (PRA), 44 Administrative practice and procedure, no harm will result to the U.S. U.S.C. 3501 et seq., nor does it require Agricultural commodities, Pesticides population, including infants and any special considerations under and pests, Reporting and recordkeeping children, from aggregate exposure to Executive Order 12898, entitled requirements. residues of Ea peptide 91398. Therefore, ‘‘Federal Actions to Address an exemption from the requirement of a Environmental Justice in Minority Dated: May 14, 2020. tolerance is established for residues of Populations and Low-Income Richard Keigwin, Ea peptide 91398 in or on all food Populations’’ (59 FR 7629, February 16, Director, Office of Pesticide Programs. commodities when used in accordance 1994). Therefore, 40 CFR chapter I is with label directions and good Since tolerances and exemptions that amended as follows: agricultural practices. are established on the basis of a petition under FFDCA section 408(d), such as PART 180—[AMENDED] B. Analytical Enforcement Methodology the tolerance in this final rule, do not An analytical method is not required require the issuance of a proposed rule, ■ 1. The authority citation for part 180 for enforcement purposes since the the requirements of the Regulatory continues to read as follows: Agency is establishing an exemption Flexibility Act (RFA) (5 U.S.C. 601 et Authority: 21 U.S.C. 321(q), 346a and 371. from the requirement of a tolerance seq.), do not apply. ■ without any numerical limitation. This action directly regulates growers, 2. Add § 180.1376 to subpart D to read food processors, food handlers, and food as follows: C. Response to Comments retailers, not States or tribes, nor does § 180.1376 Ea peptide 91398; exemption Three comments were received in this action alter the relationships or from the requirement of a tolerance. response to the notice of filing. One distribution of power and An exemption from the requirement expressed support for issuing the responsibilities established by Congress of a tolerance is established for residues exemption from the requirement of a in the preemption provisions of FFDCA of Ea peptide 91398 in or on all food tolerance. Two commenters expressed section 408(n)(4). As such, the Agency commodities when used in accordance support for rigorous testing of pesticides has determined that this action will not with label directions and good urged the Agency to consider effects on have a substantial direct effect on States agricultural practices. plants, animals, and humans or the or Tribal Governments, on the ‘‘collateral damage’’ of pesticides. Under relationship between the National [FR Doc. 2020–11549 Filed 6–3–20; 8:45 am] FIFRA and FFDCA, pesticide developers Government and the States or Tribal BILLING CODE 6560–50–P are required to submit data to EPA to Governments, or on the distribution of determine potential effects to humans power and responsibilities among the ENVIRONMENTAL PROTECTION and the environment. Pesticides various levels of government or between AGENCY approved under FIFRA must be shown the Federal Government and Indian not to cause unreasonable adverse Tribes. Thus, the Agency has 40 CFR Part 282 effects to humans or the environment. determined that Executive Order 13132, As described in the Safety entitled ‘‘Federalism’’ (64 FR 43255, [EPA–R06–UST–2018–0702; FRL–10008– Determination, such data have been August 10, 1999) and Executive Order 89–Region 6] 13175, entitled ‘‘Consultation and submitted and reviewed for Ea peptide Louisiana: Final Approval of State Coordination with Indian Tribal 91398. The Agency has concluded that Underground Storage Tank Program Governments’’ (65 FR 67249, November these data support registration under Revisions and Incorporation by 9, 2000) do not apply to this action. In FIFRA and an exemption from the Reference requirement of a tolerance under addition, this action does not impose FFDCA. any enforceable duty or contain any AGENCY: Environmental Protection unfunded mandate as described under Agency (EPA). IV. Statutory and Executive Order Title II of the Unfunded Mandates ACTION: Direct final rule. Reviews Reform Act (UMRA) (2 U.S.C. 1501 et This action establishes a tolerance seq.). SUMMARY: Pursuant to the Resource under FFDCA section 408(d) in This action does not involve any Conservation and Recovery Act (RCRA response to a petition submitted to the technical standards that would require or Act), the Environmental Protection Agency. The Office of Management and Agency consideration of voluntary Agency (EPA) is taking direct final Budget (OMB) has exempted these types consensus standards pursuant to section action to approve revisions to the State of actions from review under Executive 12(d) of the National Technology of Louisiana’s Underground Storage Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act Tank (UST) program submitted by the Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). State. EPA has determined that these

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revisions satisfy all requirements contact you for clarification, the EPA commonly, States must change their needed for program approval. This may not be able to consider your programs because of changes to the action also codifies EPA’s approval of comment. Electronic files should avoid EPA’s regulations in 40 Code of Federal Louisiana’s state program and the use of special characters, any form Regulations (CFR) part 280. States can incorporates by reference those of encryption, and be free of any defects also initiate changes on their own to provisions of the State regulations that or viruses. their underground storage tank program we have determined meet the The index to the docket for this action and these changes must then be requirements for approval. The is available electronically at approved by EPA. provisions will be subject to EPA’s www.regulations.gov. inspection and enforcement authorities You can view and copy the B. What decisions has the EPA made in under sections 9005 and 9006 of RCRA documents that form the basis for this this rule? codification and associated publicly subtitle I and other applicable statutory On October 2, 2018, in accordance and regulatory provisions. available docket materials are available either through www.regulations.gov or with 40 CFR 281.51(a), Louisiana DATES: This rule is effective August 3, submitted a complete program revision 2020, unless EPA receives adverse at the Environmental Protection Agency, Region 6, 1201 Elm Street, Suite #500, application seeking approval for its UST comment by July 6, 2020. If EPA Dallas, Texas 75270. The facility is open program revisions which correspond to receives adverse comment, it will from 8:30 a.m. to 4:30 p.m., Monday the EPA final rule published on July 15, publish a timely withdrawal in the through Friday, excluding Federal 2015 (80 FR 41566). This rule finalized Federal Register informing the public holidays and facility closures due to revisions to the 1988 UST regulation that the rule will not take effect. The COVID 19. We recommend that you and to the 1988 state program approval incorporation by reference of certain telephone Audray Lincoln, (SPA) regulation. As required by 40 CFR publications listed in the regulations is Environmental Protection Specialist, at 281.20, the State submitted the approved by the Director of the Federal (214) 665–2239, before visiting the following: A transmittal letter from the Register, as of August 3, 2020, in Region 6 office. Interested persons Governor requesting approval, a accordance with 5 U.S.C. 552(a) and 1 wanting to examine these documents description of the program and CFR part 51. should make an appointment with the operating procedures, a demonstration ADDRESSES: Submit your comments by office at least two weeks in advance. of the State’s procedures to ensure one of the following methods: FOR FURTHER INFORMATION CONTACT: adequate enforcement, a Memorandum 1. Federal eRulemaking Portal: Audray Lincoln, (214) 665–2239, of Agreement outlining the roles and https://www.regulations.gov. Follow the [email protected]. Out of an responsibilities of the EPA and the on-line instructions for submitting abundance of caution for members of implementing agency, a statement of comments. certification from the Attorney General, 2. Email: [email protected]. the public and our staff, the EPA Region 6 office will be closed to the public to and copies of all relevant State statutes Instructions: Direct your comments to and regulations. Docket ID No. EPA–R06–UST–2018– reduce the risk of transmitting COVID– 0702. EPA’s policy is that all comments 19. We encourage the public to submit We have reviewed the application and received will be included in the public comments via https:// have determined that the revisions to docket without change and may be www.regulations.gov, as there will be a Louisiana’s UST program are no less available online at https:// delay in processing mail and no courier stringent than the corresponding www.regulations.gov, including any or hand deliveries will be accepted. Federal requirements in subpart C of 40 personal information provided, unless Please call or email the contact listed CFR part 281. Additionally, we have the comment includes information above if you need alternative access to found that the Louisiana program claimed to be Confidential Business material indexed but not provided in provides for adequate enforcement of Information (CBI) or other information the docket. compliance as required by 40 CFR whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: 281.11(b). Therefore, the EPA grants Louisiana final approval to operate its Do not submit information that you I. Approval of Revisions to Louisiana’s UST program with the changes consider to be CBI or otherwise Underground Storage Tank Program protected through https:// described in the program revision www.regulations.gov, or email. The A. Why are revisions to state programs application, and as outlined below in Federal https://www.regulations.gov necessary? Section I.G of this document. The website is an ‘‘anonymous access’’ States which have received final Louisiana Department of Environmental system, which means the EPA will not approval from the EPA under RCRA Quality (LDEQ) is the lead know your identity or contact section 9004(b) of RCRA, 42 U.S.C. implementing agency for the UST information unless you provide it in the 6991c(b), must maintain an program in Louisiana, except in Indian body of your comment. If you send an underground storage tank program that Country. email comment directly to the EPA is equivalent to, consistent with, and no C. What is the effect of this approval without going through https:// less stringent than the Federal decision? www.regulations.gov, your email underground storage tank program. address will be automatically captured When EPA makes revisions to the This action does not impose and included as part of the comment regulations that govern the UST additional requirements on the that is placed in the public docket and program, states must revise their regulated community because the made available on the internet. If you programs to comply with the updated regulations being approved by this rule submit an electronic comment, the EPA regulations and submit these revisions are already effective in the State of recommends that you include your to the EPA for approval. Changes to Louisiana, and they are not changed by name and other contact information in state UST programs may be necessary this action. This action merely approves the body of your comment. If the EPA when Federal or State statutory or the existing State regulations as meeting cannot read your comment due to regulatory authority is modified or the Federal requirements and renders technical difficulties, and cannot when certain other changes occur. Most them federally enforceable.

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D. Why is EPA using a direct final rule? Liability for Hazardous Substance biofuel blends. It removed past deferrals The EPA is publishing this direct final Remedial Action, Part I General for emergency generator tanks, field rule without a prior proposed rule Provisions. constructed tanks, and airport hydrant because we view this as a Specific authorities to regulate the systems. noncontroversial action and anticipate installation, operation, maintenance, The LDEQ made updates to their no adverse comment. Louisiana did not closure of USTs, and UST releases are regulations to ensure that they were no receive any comments during its found under Louisiana Administrative less stringent than the Federal comment period when the rules and Code (LAC), Title 33, Part XI. regulations which were revised on July regulations being considered in this Underground Storage Tanks, Chapter 15, 2015 (80 FR 41566). Title 40 CFR document were proposed at the State 15. Enforcement, Sections 1501.A, 281.30 through 281.39 contain the ‘‘no level. 1501.A.2, 1501.A.4, and 1501.B; LAC less stringent than’’ criteria that a state 33:XI. Chapter 5. General Operating must meet in order to have its UST E. What happens if the EPA receives Requirements, Section 509; LAC 33:XI. program approved. In the State’s comments that oppose this action? Chapter 1. Office of the Secretary, application for approval of its UST Along with this direct final, the EPA Chapter 7. Penalties; LAC 33:XI. Chapter program, the Louisiana Attorney is publishing a separate document in the 8. Expedited Penalty Agreement; and General certified that it meets the ‘‘Proposed Rules’’ section of this LAC 33:XI. Underground Storage Tanks, requirements listed in 40 CFR 281.30 Federal Register that serves as the Chapter 4. Delivery Prohibition. The through 281.39. EPA has relied on this proposal to approve the State’s UST aforementioned regulations satisfy the certification in addition to the analysis program revision, providing opportunity requirements of 40 CFR 281.40 and submitted by the State in making our for public comment. If EPA receives 281.41.3 determination. For further information comments that oppose this approval, The LDEQ Enforcement Division on EPA’s analysis of the State’s EPA will withdraw the direct final rule requires that respondents provide notice application, see the chart in the by publishing a document in the and opportunity for public comment on Technical Support Document (TSD) Federal Register before the rule all proposed settlements of civil contained in the docket for this becomes effective. The EPA will enforcement actions, except where rulemaking. The corresponding State consider all comments received during immediate emergency action is regulations are as follows: the comment period and will address necessary to adequately protect human Title 40 CFR 281.30 lists the Federal them in a later final rule. You will not health, safety, and the environment. The requirements for new UST system have another opportunity to comment. If LDEQ Underground Storage Tank design, construction, installation, and you want to comment on this approval, Division (USTD) investigates and notification with which a state must comply in order to be found to be no you must do so at this time. provides responses to citizen less stringent than Federal complaints about violations. F. For what has Louisiana previously requirements. LAC 33:XI.101. Additionally, the LDEQ Enforcement been approved? Applicability, LAC 33:XI.301. Division does not oppose citizen Registration Requirements, LAC On August 5, 1992, EPA finalized a intervention when permissive 33:XI.303. Standards for UST Systems, rule approving the UST program intervention is allowed by statute, rule, LAC 33:XI.305. Installation submitted by Louisiana to be or regulation. Requirements for public Requirements for Partially-Deferred UST implemented by LDEQ in lieu of the participation can be found in the 1 Systems, LAC 33:XI.801. General Federal program. On January 18, 1996, Louisiana Code of Civil Procedure, Requirements, LAC 33:XI.509 Reporting EPA codified the approved Louisiana Article 1091; La.R.S.30:2025(E)(5), and Recordkeeping, and LAC 33:XI.803. program that is subject to EPA’s La.R.S.30:2026, La.R.S. 20:2050.4(B), inspection and enforcement authorities Additions, Exceptions, and Alternatives La.R.S. 30:2050.7(B), (C), and (D); and for UST Systems with Field-Constructed under RCRA sections 9005 and 9006, 42 LAC Title 33.XI.Chapter 7 at section U.S.C. 6991d and 6991e, and other Tanks and Airport Hydrant Systems 715(H). Louisiana has met the public require that USTs be designed, applicable statutory and regulatory participation requirements found in 40 provisions.2 constructed, and installed in a manner CFR 281.42. that will prevent releases for their G. What changes are we approving with To qualify for final approval, a state’s operating life due to manufacturing this action? program must be ‘‘no less stringent’’ defects, structural failure, or corrosion In order to be approved, the program than the Federal program which was and be provided with equipment to 4 must provide for adequate enforcement revised on July 15, 2015 (80 FR 41566). prevent spills and tank overfills when of compliance as described in 40 CFR 40 EPA added new operation and new tanks are installed or existing tanks CFR 281.11 and part 281, subpart D. The maintenance requirements and are upgraded, unless the tank does not LDEQ has broad statutory authority to addressed UST systems which were receive more than 25 gallons at one regulate the installation, operation, deferred in the 1988 UST regulation. time. These parts also require UST maintenance, closure of USTs, and UST The changes also added secondary system owners and operators to notify releases under Louisiana Revised containment requirements for new and the implementing agency of any new Statutes (La. R.S.), Title 30, Subtitle II, replaced tanks and piping, operator UST systems, including instances where Environmental Quality; Chapter 1— training requirements, periodic one assumes ownership of an existing General, Chapter 2—Department of operation and maintenance UST. Environmental Quality, Chapter 2–4— requirements for UST systems, and Title 40 CFR 281.31 requires that most Enforcement Procedure and Judicial requirements to ensure UST system existing UST systems meet the design, Review, Chapter 4—Louisiana Water compatibility before storing certain construction, installation, and Control Law, Chapter 9—Hazardous notification requirements of § 281.30, 3 Please see the TSD located in the docket for this are upgraded to prevent releases for Waste Control Law, and Chapter 12— rulemaking for a more in depth explanation of how the State’s program satisfies the RCRA and its their operating life due to corrosion, 1 57 FR 34519 (August 5, 1992). corresponding regulations. spills, or overfills, or are permanently 2 61 FR 1211 (January 18, 1996). 4 See 40 CFR 281.11(b). closed. LAC 33:XI.303. Standards for

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UST Systems, LAC 33:XI.801. General by 40 CFR 281.34 for release reporting, Louisiana’s definition of owner (LAC Requirements, and LAC 33:XI.803. investigation, and confirmation. 33:XI.103. Definitions) includes the Additions, Exceptions, and Alternatives Title 40 CFR 281.35 contains the current owner of the land under which for UST Systems with Field-Constructed requirements for release response and the tank is or was buried, any legal Tanks and Airport Hydrant Systems corrective action that must be met in owner of the tank, any known operator contain the appropriate requirements order for the State’s submission to be of the tank, any lessee, and any lessor; that UST systems be upgraded to considered no less stringent than and the definition provides that if one prevent releases during their operating Federal requirements. LAC 33:XI.715. person defined as an owner complies it life due to corrosion, spills, or overfills. Release Response and Corrective Action shall be deemed compliance by all Title 40 CFR 281.32 contains the for UST Systems Containing Petroleum, persons defined as owners. The Federal general operating requirements that Motor Fuel, or Hazardous Substances definition does not include operators, must be met in order for the State’s contains the required provisions as lessees, or lessors as owners; thus, these submission to be considered no less listed in 40 CFR 281.35 for release elements of the State definition are stringent than the Federal requirements. response and corrective action. broader in scope than the Federal These requirements are designed to Title 40 CFR 281.36 contains the program. prevent spills and overfills. LAC requirements for out of service UST Louisiana provides definitions for on 33:XI.501. Spill and Overfill Control, systems and closures that must be met staff, registered tank, registration LAC 33:XI.503. Operation and in order for the State’s submission to be certificate, response action contractor Maintenance of Corrosion Protection, considered no less stringent than and technical services in LAC 33:XI.103 LAC 33:XI.505. Compatibility, LAC Federal requirements. LAC 33:XI.803. that apply to state-specific program 33:XI.507. Repairs Allowed, LAC Additions, Exceptions, and Alternatives elements outside the scope of the 33:XI.509. Reporting and for UST Systems with Field-Constructed Federal program. Recordkeeping, LAC 33:XI.511. Periodic Tanks and Airport Hydrant Systems, Louisiana requires any person who Testing of Spill Prevention Equipment LAC 33:XI.901. Applicability to acquires a UST system to pay all current and Containment Sumps used for Previously Closed UST Systems, LAC and unpaid annual fees along with any Interstitial Monitoring of Piping and 33:XI.903. Temporary Closure, LAC late payment fees prior to receiving a Periodic Inspection of Overfill 33:XI.905. Permanent Closure and registration certificate in LAC Prevention Equipment, LAX Change-in-Service, and LAC 33:XI.907. 33:XI.301.C.6. These fees are outside of 33:XI.907.A. Assessing the Site at Assessing the Site at Closure or Change- the scope of the Federal program. Closure or Change-in-Service, LAC in-Service contain the necessary Louisiana requires annual fees for 33:XI.705 Release Detection requirements as listed in 40 CFR 281.36 USTs in LAC 33:XI.307. These fess are Recordkeeping, and LAC 33:XI.513. for out of service UST systems and outside of the scope of the Federal Periodic Operation and Maintenance closures. program. Walkthrough Inspections contain the Title 40 CFR 281.37 contains the Louisiana has specific regulations that necessary general operating requirements for financial responsibility pertain to the use of the Louisiana requirements required by 40 CFR for UST systems containing petroleum Motor Fuels Underground Storage Tank 281.32. that must be met in order for the State’s Trust Fund (MFUSTTF) (LAC Title 40 CFR 281.33 contains the submission to be considered no less 33:XI.1121). Louisiana requires the use requirements for release detection that stringent than Federal requirements. of department-approved response action must be met in order for the State’s LAC 33:XI.Chapter 11. Financial contractors for all assessment and submission to be considered no less Responsibility contains the necessary remediation activities associated with stringent than Federal requirements. requirements as listed in 40 CFR 281.37 UST releases that are covered by the LAC 33:XI.701. Methods of Release for financial responsibility for UST MFUSTTF (LAC 33:XI. Chapter 12). Detection, LAC 33:XI.703. Requirements systems. The last sentence of LAC 33:XI.715.A for Use of Release Detection Methods, Title 40 CFR 281.38 contains the which requires all investigations and and LAC 33:XI.803. Additions, requirements for lender liability that corrective actions to be conducted in Exceptions, and Alternatives for UST must be met in order for the State’s accordance with the state-specific out of Systems with Field-Constructed Tanks submission to be considered no less scope LAC 33:I. Chapter 13. Risk and Airport Hydrant Systems contain stringent than Federal requirements. Evaluation/Corrective Action Program. the necessary requirements for release LAC 33:XI.103. Definitions and La. R.S. Where an approved state program has detection as required by 40 CFR 281.33. a greater scope of coverage than Title 40 CFR 281.34 contains the 30:2277(4) contain the requirements for lender liability as listed in 40 CFR required by Federal law, the additional requirements for release reporting, coverage is not part of the federally- investigation, and confirmation that 281.38. Title 40 CFR 281.39 contains the approved program. 40 CFR must be met in order for the State’s 281.12(a)(3)(ii). submission to be considered no less requirements for operator training that stringent than Federal requirements. must be met in order for the State’s More Stringent Provisions LAC 33:XI.501. Spill and Overfill submission to be considered no less The following statutory and Control, LAC 33:XI.707. Reporting of stringent than Federal requirements regulatory provisions are considered Suspected Releases, LAC 33:XI.709. LAC 33:XI.Chapter 6. Operator Training more stringent in coverage than the Investigation Due to Off-Site Impacts, contains the requirements for operator Federal program: LAC 33:XI.711 Release Investigation and training as required by 40 CFR 281.39. Louisiana requires that UST owners Confirmation Steps, LAC 33:XI.715 H. Where are the revised rules different use a specific registration form (UST– Release Response and Corrective Action from the Federal rules? REG) which is more detailed than the for UST Systems Containing Petroleum, EPA registration form. For example, a Motor Fuel, or Hazardous Substances, Broader in Scope Provisions to-scale site diagram must accompany and LAC 33:XI.713. Reporting and The following statutory and the UST–REG form for all installations Cleanup of Spills and Overfills contain regulatory provisions are considered and renovations. An updated UST–REG the necessary requirements as required broader than the Federal program: form must be submitted to LDEQ any

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time any of the information on the Louisiana requires that if 25% or protection equipment, and spill and previously submitted registration form more of a piping run is replaced or overfill equipment in use (LAC changes, and the State requires a phase- repaired, the entire piping run must be 33:XI.509.B.6), and shear valve in schedule to ensure that all UST replaced with secondarily contained inspection and testing (LAC owners have submitted a UST–REG piping and interstitial monitoring must 33:XI.509.B.11). form prior to September 20, 2021 (LAC be conducted on the piping run (LAC Louisiana prohibits the use of 33:XI.301.C.1 through 301.C.3). 33:XI.303.D.2.g and LAC 33:XI.507.A.7). monthly inventory control or manual Additionally, Louisiana requires UST Louisiana requires retaining tank gauging (for certain size tanks) in owners to keep a current copy of their walkthrough inspection records for combination with tightness testing (or registration form and registration three years (LAC 33:XI.513.B). its equivalent) conducted every five certificate (LAC 33:XI.301.C.8 and 9). Louisiana requires annual testing of years as an acceptable form of monthly Louisiana requires all UST systems shear valves to ensure that they operate release detection after December 20, installed between December 22, 1988 properly (LAC 33:XI.515). 2018 (LAC 33:XI.703.B.1.a.i). and December 20, 2008 located within At LAC 33:XI.609 the State requires Louisiana requires UST owners, 50 feet of an active or abandoned water retraining Class A and B operators every operators, employees, agents, well to meet the secondary containment three years. contractors, or assigns having requirements for hazardous substance Louisiana requires that the annual knowledge of any of the listed UST systems (LAC 33:XI.303.B). line leak detector tests ensure that the conditions to notify the department and Louisiana requires all underground submersible turbine pumps do not run owners and operators to follow the storage tanks and piping installed after continuously (LAC33:XI.701.B.1.c.). release investigation and confirmation December 20, 2008 to be secondarily Louisiana requires UST owners and steps outlined in LAC 33:XI.711 contained and use interstitial operators of temporarily closed UST whenever released substances are monitoring (LAC 33:XI.303.C.1). systems that have internal liners that are discovered at the UST site or Louisiana requires under-dispenser not inspected within 1 year of the surrounding area (LAC 33:XI.707.A.1), containment for dispensers installed or inspection due date or cannot be whenever an unusual operating replaced (when certain conditions repaired in accordance with a code of condition is discovered (LAC apply) after December 20, 2008 (LAC practice permanently close the UST 33:XI.707.A.2), and whenever a release 33:XI.303.D.4). system (LAC 33:XI.903.A.4.a). detection method indicates that a Louisiana requires secondary Louisiana requires all UST systems release may have occurred or the containment for submersible turbine that store fuel solely for use by interstitial space may have been pumps installed under certain emergency power generators installed compromised (LAC 33:XI.707.A.3). conditions after December 20, 2008 on or after August 9, 2009, to be Louisiana requires UST owners and (LAC 33:XI.303.D.5). secondarily contained and use operators of temporarily closed UST Louisiana regulations require that interstitial monitoring (LAC systems with galvanic systems that are only State certified installers may certify 33:XI.101.A.1.c). not tested within 1 year of the test due the installation of a UST in Louisiana Louisiana requires that failed date or are not repaired within 1 year of (LAC 33:XI.303.D.6.b) whereas in the equipment must be repaired or replaced failing a CP test permanently close the Federal regulations (§ 280.20(e)) there within 30 days of failing the test or UST system (LAC 33:XI.903.A.3.a). are other allowable options. inspection unless an alternative Louisiana requires UST owners and Louisiana requires annual tank timeframe is granted by the department operators submit a notification to the tightness testing for tanks that have had in writing (LAC 33:XI.511.D.1). department whenever UST systems corrosion protection installed when the Louisiana requires that failed spill have been temporarily closed (LAC tank was over 10 years old and when prevention equipment or containment 33:XI.903.C.3). tank integrity assessment records cannot sumps used for interstitial monitoring Louisiana specifies that UST systems be provided (LAC 33:XI.303.E.3.b.vi). be repaired or replaced within 30 days that do not meet new tank standards, Louisiana requires that UST owners of failing an inspection unless an have not been upgraded, and have been inspect, by removal, overfill devices alternative timeframe is granted by the in temporary closure for more than 6 within seven days of an overfill event department in writing (LAC months must be permanently closed (LAC 33:XI.501.D). Tank overfills 33:XI.513.C.1). (LAC 33:XI.903.D). caused by tank or manifold piping Louisiana has a specific minimum Louisiana requires UST owners and issues are not allowed in Louisiana, and recordkeeping requirement for each operators conduct the release the UST system must be immediately release detection method (LAC investigation and confirmation steps taken out of service and repaired, 33:XI.705.A.2.a–l). outlined in LAC 33:XI.711.A.1 in the replaced, permanently closed, or placed Louisiana requires UST owners event that the UST owner or operator into temporary closure following the submit records of results of the goes directly into corrective action after procedures outlined in LAC investigation at permanent closure (LAC a release occurs (LAC 33:XI.715.C.1.g). 33:XI.711.A.1.a.ii (LAC 33:XI.501.E). 33:XI.509.A.5), results of temporary Louisiana requires UST owners and Louisiana requires UST owners and closure site assessments (LAC operators to conduct a site assessment operators to notify the department prior 33:XI.509.A.6), and notifications before whenever all UST systems located in to a repair unless the repair is an and after repairs (LAC 33:XI.509.A.8) to the same tank hold at a facility have emergency repair, then notification is the department. been in temporary closure for 24 months provided to the department within 30 Louisiana requires that UST owners under certain conditions (LAC days of the emergency. (LAC maintain records of corrosion expert’s 33:XI.903.E). 33:XI.507.A.1). design documentation for field-installed Louisiana requires UST owners and Louisiana requires that after January corrosion protection systems (LAC operators conduct tank, line, and leak 20, 1992, only contractors certified by 33:XI.509.B.1), most current registration detector testing within 5 days of the department under LAC forms (LAC 33:XI.509.B.5), type and bringing a temporarily closed UST 33:XI.Chapter 13 can perform certain construction of tank, piping, leak system back into service (LAC UST repairs (LAC 33:XI.507.A.2). detection equipment, corrosion 33:XI.903.F).

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Louisiana requires that UST owners under sections 9005 and 9006 of RCRA of the UST program under subtitle I of and operators to notify the department and any other applicable statutory RCRA. prior to UST system installation in LAC provisions. The incorporation by 33:XI.303.D.6.c. reference of state authorized programs D. What is the effect of Louisiana’s Louisiana requires UST owners and in the CFR should substantially enhance codification on enforcement? operators submit a notification to the the public’s ability to discern the The EPA retains the authority under department within 30 days of bringing current status of the approved state sections 9003(h), 9005 and 9006 of a temporarily closed UST system back program and state requirements that can subtitle I of RCRA, 42 U.S.C. 6991b(h), into service (LAC 33:XI.903.G). be federally enforced. This effort 6991d and 6991e, and other applicable provides clear notice to the public of the Louisiana requires UST owners and/ statutory and regulatory provisions to scope of the approved program in each or certified workers notify the undertake corrective action, inspections state. department prior to any UST system and enforcement actions and to issue closure-critical junctures (LAC B. What is the history of codification of orders in approved States. With respect 33:XI.905.A.2). Louisiana’s UST program? to these actions, EPA will rely on Louisiana requires use of DEQ- Federal sanctions, Federal inspection approved certified workers for all UST The EPA incorporated by reference authorities, and Federal procedures system closure-critical junctures (LAC Louisiana’s then approved UST program rather than the state authorized 33:XI.905.A.3).Louisiana prohibits the effective March 18, 1996 (61 FR 1211; analogues to these provisions. re-use of single-walled piping that was January 18, 1996). In this document, the Therefore, the EPA is not incorporating attached to a tank that is permanently EPA is revising 40 CFR 282.68 to by reference such particular, approved closed (LAC 33:XI.905.B). include the approval revision actions. Louisiana procedural and enforcement Louisiana requires UST owners and C. What codification decisions have we authorities. Section 282.68(d)(1)(ii) of 40 operators of temporarily closed UST made in this rule? systems with impressed current systems CFR lists those approved Louisiana In this rule, we are finalizing that are inoperative for more than 6 authorities that would fall into this regulatory text that includes months or not repaired within 9 months category. incorporation by reference. In of failing a CP test have the CP system accordance with the requirements of 1 E. What State provisions are not part of repaired, re-tested, and recommissioned CFR 51.5, we are finalizing the the codification? under supervision of a corrosion expert incorporation by reference of the The public also needs to be aware that within 90 days or permanently close the Louisiana rules described in the some provisions of the State’s UST UST system (LAC 33:XI.903.A.1.a). amendments to 40 CFR part 282 set program are not part of the federally Louisiana requires conducting UST forth below. The EPA has made, and approved State program. Such system closure site assessments in will continue to make, these documents provisions are not part of the RCRA accordance with the department’s UST generally available through Subtitle I program because they are closure guidance document in order to www.regulations.gov and in hard copy ‘‘broader in coverage’’ than Subtitle I of determine if there are any present or any at the EPA Region 6 office (see the past releases, does not allow the use of RCRA. Title 40 CFR 281.12(a)(3)(ii) ADDRESSES section of this preamble for states that where an approved state release detection device sampling to more information). satisfy the closure assessment The purpose of this Federal Register program has provisions that are broader requirement, and requires UST owners document is to codify Louisiana’s in coverage than the Federal program, and operators submit the results of the approved UST program. The those provisions are not a part of the closure site assessment to the codification reflects the State program federally approved program. As a result, department within 60 days following that would be in effect at the time the State provisions which are ‘‘broader in permanent closure or change-in-service EPA’s approved revisions to the coverage’’ than the Federal program are (LAC 33:XI.907.A). Louisiana UST program addressed in not incorporated by reference for purposes of enforcement in part 282. I. How does this action affect Indian this direct final rule become final. The Section 282.68(d)(1)(iii) of the Country (18 U.S.C. 1151) in Louisiana? document incorporates by reference Louisiana’s UST regulations and codification simply lists for reference Louisiana is not authorized to carry clarifies which of these provisions are and clarity the Louisiana statutory and out its Program in Indian Country (18 included in the approved and federally regulatory provisions which are U.S.C. 1151) within the State. This enforceable program. By codifying the ‘‘broader in coverage’’ than the Federal authority remains with EPA. Therefore, approved Louisiana program and by program and which are not, therefore, this action has no effect in Indian amending the Code of Federal part of the approved program being Country. See 40 CFR 281.12(a)(2). Regulations (CFR), the public will more codified today. Provisions that are II. Codification easily be able to discern the status of the ‘‘broader in coverage’’ cannot be federally-approved requirements of the enforced by EPA; the State, however, A. What is codification? Louisiana program. will continue to implement and enforce Codification is the process of placing The EPA is incorporating by reference such provisions under State law. a state’s statutes and regulations that the Louisiana approved UST program in III. Statutory and Executive Order comprise the state’s approved UST 40 CFR 282.68. Section Reviews program into the CFR. Section 9004(b) 282.68(d)(1)(i)(A) incorporates by of RCRA, as amended, allows the EPA reference for enforcement purposes the This action only applies to to approve State UST programs to State’s regulations. Section 282.68 also Louisiana’s UST Program requirements operate in lieu of the Federal program. references the Attorney General’s pursuant to RCRA Section 9004 and The EPA codifies its authorization of Statement, Demonstration of Adequate imposes no requirements other than state programs in 40 CFR part 282 and Enforcement Procedures, the Program those imposed by State law. It complies incorporates by reference state Description, and the Memorandum of with applicable EOs and statutory regulations that the EPA will enforce Agreement, which are approved as part provisions as follows:

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A. Executive Order 12866 Regulatory E. Executive Order 13045: Protection of K. Executive Order 12898: Federal Planning and Review, Executive Order Children From Environmental Health Actions To Address Environmental 13563: Improving Regulation and and Safety Risks Justice in Minority Populations and Low Regulatory Review This action also is not subject to Income Populations Executive Order 13045 (62 FR 19885, The Office of Management and Budget Executive Order 12898 (59 FR 7629, April 23, 1997), because it is not (OMB) has exempted this action from February 16, 1994) establishes Federal economically significant and it does not the requirements of Executive Order executive policy on environmental make decisions based on environmental 12866 (58 FR 51735, October 4, 1993) justice. Its main provision directs health or safety risks. and 13563 (76 FR 3821, January 21, Federal agencies, to the greatest extent 2011). This action approves and codifies F. Executive Order 13211: Actions That practicable and permitted by law, to State requirements for the purpose of Significantly Affect Energy Supply, make environmental justice part of their RCRA section 9004 and imposes no Distribution, or Use mission by identifying and addressing, additional requirements beyond those This rule is not subject to Executive as appropriate, disproportionately high imposed by State law. Therefore, this and adverse human health or action is not subject to review by OMB. Order 13211, ‘‘Actions Concerning Regulations that Significantly Affect environmental effects of their programs, B. Executive Order 13771: Reducing Energy Supply, Distribution, or Use’’ (66 policies, and activities on minority Regulations and Controlling Regulatory FR 28355, May 22, 2001) because it is populations and low-income Costs not a ‘‘significant regulatory action’’ as populations in the United States. Because this rule approves pre-existing This action is not an Executive Order defined under Executive Order 12866. State rules which are at least equivalent 13771 (82 FR 9339, February 3, 2017) G. National Technology Transfer and to, and no less stringent than existing regulatory action because actions such Advancement Act Federal requirements, and imposes no as this final approval of Louisiana’s Under RCRA section 9004(b), EPA additional requirements beyond those revised underground storage tank grants a State’s application for approval program under RCRA are exempted imposed by State law, and there are no as long as the State meets the criteria anticipated significant adverse human under Executive Order 12866. required by RCRA. It would thus be Accordingly, I certify that this action health or environmental effects, the rule inconsistent with applicable law for is not subject to Executive Order 12898. will not have a significant economic EPA, when it reviews a State approval impact on a substantial number of small application, to require the use of any L. Congressional Review Act entities under the Regulatory Flexibility particular voluntary consensus standard The Congressional Review Act, 5 Act (5 U.S.C. 601 et seq.). in place of another standard that U.S.C. 801–808, generally provides that otherwise satisfies the requirements of C. Unfunded Mandates Reform Act and before a rule may take effect, the agency RCRA. Thus, the requirements of Executive Order 13175: Consultation promulgating the rule must submit a section 12(d) of the National and Coordination With Indian Tribal rule report, which includes a copy of Technology Transfer and Advancement Governments the rule, to each House of the Congress Act of 1995 (15 U.S.C. 272 note) do not Because this action approves and and to the Comptroller General of the apply. codifies pre-existing requirements under United States. EPA will submit a report State law and does not impose any H. Executive Order 12988: Civil Justice containing this document and other additional enforceable duty beyond that Reform required information to the U.S. Senate, required by State law, it does not As required by section 3 of Executive the U.S. House of Representatives, and contain any unfunded mandate or Order 12988 (61 FR 4729, February 7, the Comptroller General of the United significantly or uniquely affect small 1996), in issuing this rule, EPA has States prior to publication in the governments, as described in the taken the necessary steps to eliminate Federal Register. A major rule cannot Unfunded Mandates Reform Act of 1995 drafting errors and ambiguity, minimize take effect until 60 days after it is (2 U.S.C. 1531–1538). For the same potential litigation, and provide a clear published in the Federal Register. This reason, this action also does not legal standard for affected conduct. action is not a ‘‘major rule’’ as defined significantly or uniquely affect the by 5 U.S.C. 804(2). However, this action communities of tribal governments, as I. Executive Order 12630: Governmental will be effective August 3, 2020 because specified by Executive Order 13175 (65 Actions and Interference With it is a direct final rule. FR 67249, November 9, 2000). Constitutionally Protected Property Rights List of Subjects in 40 CFR Part 282 D. Executive Order 13132: Federalism EPA has complied with Executive Environmental protection, This action will not have substantial Order 12630 (53 FR 8859, March 15, Administrative practice and procedure, direct effects on the States, on the 1988) by examining the takings Hazardous substances, Incorporation by relationship between the National implications of the rule in accordance reference, Insurance, Intergovernmental Government and the States, or on the with the ‘‘Attorney General’s relations, Oil pollution, Petroleum, distribution of power and Supplemental Guidelines for the Reporting and recordkeeping responsibilities among the various Evaluation of Risk and Avoidance of requirements, Surety bonds, Water levels of government, as specified in Unanticipated Takings’’ issued under pollution control, Water supply. Executive Order 13132 (64 FR 43255, the Executive order. August 10, 1999), because it merely Dated: April 30, 2020. J. Paperwork Reduction Act approves and codifies State Kenley McQueen, requirements as part of the State RCRA This rule does not impose an Regional Administrator, EPA Region 6. underground storage tank program information collection burden under the without altering the relationship or the provisions of the Paperwork Reduction For the reasons set forth in the distribution of power and Act of 1995 (44 U.S.C. 3501 et seq.). preamble, EPA is amending 40 CFR part responsibilities established by RCRA. ‘‘Burden’’ is defined at 5 CFR 1320.3(b). 282 as follows:

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PART 282—APPROVED provisions cited in this paragraph or compromise; Section 2050.8. UNDERGROUND STORAGE TANK (d)(1)(i) are incorporated by reference as Enforcement; cease and desist orders. PROGRAMS part of the underground storage tank (iii) Chapter 4. Louisiana Water program under subtitle I of RCRA, 42 Control Law, Section 2077. Remediation ■ 1. The authority citation for part 282 U.S.C. 6991 et seq. The Director of the of pollution; continues to read as follows: Federal Register approves this (iv) Chapter 9. Hazardous Waste Authority: 42 U.S.C. 6912, 6991c, 6991d, incorporation by reference in Control Law, Section 2194. and 6991e. accordance with 5 U.S.C. 552(a) and 1 Underground Storage Tanks; ■ 2. Revise § 282.68 to read as follows: CFR part 51. You may obtain copies of registration, paragraphs (C) introductory Louisiana UST regulations that are paragraph, (B)(6), (B)(8), (B)(9), (B)(15), § 282.68 Louisiana State-Administered incorporated by reference in this and (C) through (E); Section 2194.1. Program. paragraph (d)(1)(i) from the Louisiana Prohibitions; Section 2195.9 Financial (a) History of the approval of Office of the State Register, P.O. Box responsibility; 2195.10 Financial Louisiana’s program. The State of 94095, Baton Rouge, LA 70804–9095; responsibility for noncompliance; Louisiana is approved to administer and Phone number: (225) 342–5015; website: 2195.11 Voluntary cleanup; private enforce an underground storage tank https://www.doa.la.gov/Pages/osr/lac/ contracts; exemptions. program in lieu of the Federal program LAC-33.aspx; or Louisiana Department (v) Chapter 12, Liability for Hazardous under subtitle I of the Resource of Environmental Quality’s website: Substance Remedial Action, Part I. Conservation and Recovery Act of 1976 http://www.deq.louisiana.gov/ General provisions, Section 2277. (RCRA), as amended, 42 U.S.C. 6991 et resources/category/regulations-lac-title- Defenses, Subsection (4). seq. The State’s program, as 33. You may inspect all approved (2) Louisiana Code of Civil Procedure administered by the Louisiana material at the EPA Region 6, 1201 Elm Section 4 Intervention, Article 1091 Department of Environmental Quality, Street, Suite #500, Dallas, Texas 75270 Third person may intervene. was approved by EPA pursuant to 42 (phone number (214) 665–2239) or the (B) The regulatory provisions include: U.S.C. 6991c and part 281 of this National Archives and Records (1) Louisiana Administrative Code, chapter. EPA published the notice of Administration (NARA). For Title 33; effective September 20, 2018: final determination approving the (i) Part I. Office of the Secretary, information on the availability of the Louisiana underground storage tank Chapter 7—Penalty Regulations, material at NARA, email fedreg.legal@ base program effective on September 4, Chapter 8—Expedited Penalty nara.gov or go to http:// 1992. A subsequent program revision Regulations, Chapter 13—Risk www.archives.gov/federal-register/cfr/ application was approved effective on Evaluation/Corrective Action Program ibr-locations.html. August 3, 2020. Regulations, Chapter 39—Notification (A) ‘‘Louisiana Regulatory (b) Enforcement authority. Louisiana Regulations and procedures for Requirements Applicable to the has primary responsibility for Unauthorized Discharges, section 3915 Underground Storage Tank Program, administering and enforcing its Notification Requirements for September 2019’’. Those provisions are federally approved underground storage Unauthorized Discharges That Cause listed in appendix A to this part. tank program. However, EPA retains the Emergency Conditions and section 3923 authority to exercise its corrective (B) [Reserved] Notification Requirements for Other action, inspection, and enforcement (ii) Legal basis. EPA evaluated the Regulatorily Required Reporting. authorities under sections 9003(h), 9005 following statutes and regulations (ii) Part XI. Underground Storage and 9006 of subtitle I of RCRA, 42 which provide the legal basis for the Tanks, Chapter 3, section 301.C.9 U.S.C. 6991b(h), 6991d and 6991e, as State’s implementation of the through C.12; Chapter 4 Delivery well as under any other applicable underground storage tank program, but Prohibition, section 401 purpose and statutory and regulatory provisions. they are not being incorporated by section 403 delivery prohibition of (c) Retaining program approval. To reference and do not replace Federal regulated substances to underground retain program approval, Louisiana authorities: storage tank systems; Chapter 7. must revise its approved program to (A) The statutory provisions include: Methods of Release Detection and adopt new changes to the Federal (1) Louisiana Revised Statutes, Title Release reporting, Investigation, subtitle I program which make it more 30, Subtitle II, Environmental Quality Confirmation, and Response, section stringent, in accordance with section (Environmental Quality Act): 715.H public participation; Chapter 15. 9004 of RCRA, 42 U.S.C. 6991c, and 40 (i) Chapter 2. Department of Enforcement. CFR part 281, subpart E. If Louisiana Environmental Quality, Section 2011. (2) [Reserved] obtains approval for the revised Department of Environmental Quality (iii) Provisions not incorporated by requirements pursuant to section 9004 created; duties; powers; structure, reference. The following specifically of RCRA, 42 U.S.C. 6991c, the newly paragraphs (A) through (C), (D) identified sections and rules applicable approved statutory and regulatory introductory paragraph through (D)(10), to the Louisiana underground storage provisions will be added to this subpart (D)(13) through (D)(15), (D)(17) through tank program are broader in coverage and notice of any change will be (D)(23), (D)(25), and (E) through (G); than the Federal program, are not part published in the Federal Register. Section 2012. Enforcement inspections; of the approved program, and are not (d) Final program approval. Louisiana Section 2025. Enforcement; Section incorporated by reference in this section has final approval for the following 2026. Citizen suits; Section 2030. for enforcement purposes: elements of its program application Confidential information; restricted (A) Louisiana Revised Statutes, Title originally submitted to EPA and access via the internet; Section 2043. 30, Subtitle II, Environmental Quality approved effective September 4, 1992, Public records; forms and methods; (Environmental Quality Act). and the program revision application electronic signatures. (B) Louisiana Administrative Code, approved by EPA effective on August 3, (ii) Chapter 2–A. Enforcement Title 33, Part XI. Underground Storage 2020. Procedure and Judicial Law, Section Tanks, Chapter 1, Section 103, (1) State statutes and regulations—(i) 2050.4. Enforcement; final action; definitions of owner (as it refers to Incorporation by reference. The Section 2050.7. Enforcement; settlement operators, lessees, or lessors as owners),

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on staff, registered tank, registration Louisiana Administrative Code, Title 33, Substances, all sections except the last certificate, response action contractor, Part XI. Underground Storage Tanks; sentence of 715.A, and 715.H and technical services; Chapter 3, effective September 20, 2018: 6. Chapter 8. UST Systems with Field- Sections 301. C.6, Section 307; Chapter 1. Chapter 1. Program Applicability and Constructed tanks and Airport Hydrant Fuel 7, Section 715.A; Chapter 11, Section Definitions Distribution Systems 1121; Chapter 12; Chapter 13. Section 101. Applicability Section 801. General Requirements (2) Statement of legal authority. The Section 103. Definitions except for sections Section 803. Additions, Exceptions, and Attorney General’s Statements, signed a.i, iv, and v of the definition of owner; and Alternatives for UST Systems with Field- by the Attorney General of Louisiana on the definitions of on staff, registered tank, Constructed Tanks and Airport Hydrant September 12, 1991 and September 27, response action contractor, and technical Systems services 2018, though not incorporated by 7. Chapter 9. Out-of-Service UST Systems reference, are referenced as part of the 2. Chapter 3. Registration Requirements, and Closure approved underground storage tank Standards, and Fee Schedule Section 901. Applicability to Previously program under subtitle I of RCRA, 42 Section 301. Registration Requirements, all Closed UST Systems U.S.C. 6991 et seq. sections except 301.C.6 Section 903. Temporary Closure Section 905. Permanent Closure and (3) Demonstration of procedures for Section 303. Standards for UST Systems Section 305. Installation Requirements for Changes-in-Service adequate enforcement. The Partially-Deferred UST Systems Section 907. Assessing the Site at Closure or ‘‘Demonstration of Procedures for Change-in-Service Adequate Enforcement’’ submitted as 3. Chapter 5. General Operating Requirements 8. Chapter 11. Financial responsibility part of the original application on October 9, 1991 and as part of the Section 501. Spill and overfill Control Section 1101. Applicability Section 503. Operation and Maintenance of Section 1103. Compliance Dates program revision application for Section 1105. Definition of Terms approval on October 2, 2018 though not Corrosion Protection Section 505. Compatibility Section 1107. Amount and Scope of Required incorporated by reference, is referenced Section 507. Repairs Allowed Financial Responsibility as part of the approved underground Section 509. Reporting and Recordkeeping Section 1109. Allowable Mechanisms and storage tank program under subtitle I of Section 511. Periodic Testing of Spill Combinations of Mechanisms RCRA, 42 U.S.C. 6991 et seq. Prevention Equipment and Containment Section 1111. Financial Test of Self- (4) Program description. The program Sumps used for Interstitial Monitoring of Insurance description and any other material Piping and Periodic Inspection of Overfill Section 1113. Guarantee Prevention Equipment Section 1115. Insurance and Risk Retention submitted as part of the original Group Coverage application on October 9, 1991 and as Section 513. Periodic Operation and Maintenance Walkthrough Inspection Section 1117. Surety Bond part of the program revision application Section 1119. Letter of Credit on October 2, 2018, though not 4. Chapter 6. Training Requirements for Section 1123. Trust Fund incorporated by reference, are Underground Storage Tank System Operators Section 1125. Standby Trust Fund referenced as part of the approved Section 601. Purpose Section 1127. Substitution of Financial underground storage tank program Section 603. Underground Storage Tank Assurance Mechanisms by Owner or under subtitle I of RCRA, 42 U.S.C. 6991 Operator Classes Operator et seq. Section 605. Acceptable UST Operator Section 1129. Cancellation or Nonrenewal by Training and Certification Processes a Provider of Financial Assurance (5) Memorandum of Agreement. The Section 607. Underground Storage Tank Section 1131. Reporting by Owner or Memorandum of Agreement between Operator Training Deadlines Operator EPA Region 6 and the Louisiana Section 609. Underground Storage Tank Section 1133. Recordkeeping Department of Environmental Quality, Operator Training Frequency Section 1135. Drawing on Financial signed by the EPA Regional Section 611. Documentation of Underground Assurance Mechanisms Administrator on May 8, 2019 though Storage Tank Operator Training Section 1137. Release from the Requirements not incorporated by reference, is 5. Chapter 7. Methods of Release Detection Section 1139. Bankruptcy or Other Incapacity referenced as part of the approved and Release Reporting, Investigation, of Owner or Operator or provider of underground storage tank program Confirmation, and Response Financial Assurance Section 1141. Replenishment of Guarantees, under subtitle I of RCRA, 42 U.S.C. 6991 Section 701. Methods of Release Detection Letters of Credit, or Surety Bonds et seq. Section 703. Requirements for Use of Release (b) Copies of the Louisiana UST regulations Detection Methods ■ 3. Appendix A to part 282 is amended that are incorporated by reference are by revising the entry for Louisiana to Section 705. Release Detection available from the Louisiana Office of the Recordkeeping read as follows: State Register, P.O. Box 94095, Baton Rouge, Section 707. Reporting of Suspected Releases LA 70804–9095; Phone number: (225) 342– Appendix A to Part 282—State Section 709. Investigation Due to Off-Site 5015; website: https://www.doa.la.gov/Pages/ Requirements Incorporated by Impacts osr/lac/LAC-33.aspx; or Louisiana Reference in Part 282 of the Code of Section 711. Release Investigation and Department of Environmental Quality’s Confirmation Steps Federal Regulations website: http://www.deq.louisiana.gov/ Section 713. Reporting and Cleanup of Spills resources/category/regulations-lac-title-33. * * * * * and Overfills Section 715. Release Response and Corrective * * * * * Louisiana Action for UST Systems Containing [FR Doc. 2020–09941 Filed 6–3–20; 8:45 am] (a) The regulatory provisions include: Petroleum, Motor Fuel, or Hazardous BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 85, No. 108

Thursday, June 4, 2020

This section of the FEDERAL REGISTER https://www.nrc.gov/reading-rm/ Issue 2: The petitioner requested that contains notices to the public of the proposed adams.html. To begin the search, select the NRC address consistency issues issuance of rules and regulations. The ‘‘Begin Web-Based ADAMS Search.’’ For between 10 CFR part 170, ‘‘Fees for purpose of these notices is to give interested problems with ADAMS, please contact Facilities, Materials, Import and Export persons an opportunity to participate in the the NRC’s Public Document Room (PDR) Licenses, and Other Regulatory Services rule making prior to the adoption of the final rules. reference staff at 1–800–397–4209, at under the Atomic Energy Act of 1954, 301–415–4737, or by email to as Amended,’’ and 10 CFR part 171 for [email protected]. The ADAMS small entities. NUCLEAR REGULATORY accession number for each document Issue 3: The petitioner requested that COMMISSION referenced (if it is available in ADAMS) the NRC consider amending language is provided the first time that it is under § 170.11, ‘‘Exemptions,’’ to 10 CFR Part 170 mentioned in the SUPPLEMENTARY extend the timeframe within which a INFORMATION licensee may appeal the assessment of [Docket No. PRM–170–7; NRC–2018–0172] section. • Attention: The Public Document fees and apply for a fee exemption from Categorization of the Licensee Fee Room (PDR), where you may examine 90 days to 180 days. Before filing this petition, the Category for Full-Cost Recovery and order copies of public documents is currently closed. You may submit your petitioner had made similar requests in AGENCY: Nuclear Regulatory request to the PDR via email at public comments (ADAMS Accession Commission. [email protected] or call 1–800– No. ML18057B073) submitted on the FY ACTION: Petition for rulemaking; closure 397–4209 between 8:00 a.m. and 4:00 2018 proposed fee rule (83 FR 29622; of petition. p.m. (EST), Monday through Friday, June 25, 2018). In PRM–170–7, the except Federal holidays. petitioner asked the NRC to consider the SUMMARY: rule changes in the FY 2019 fee The U.S. Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: rulemaking. Commission (NRC) has partially granted Anthony Rossi, Office of the Chief and partially denied a request to amend Financial Officer, U.S. Nuclear II. Public Comments on the Petition the NRC’s regulations for licensing fees Regulatory Commission, Washington, assessed to certain water treatment The notice of docketing of PRM–170– DC 20555–0001, telephone: 301–415– 7 did not request public comments; facilities. The request was submitted by 7341; email: [email protected]. Christopher S. Pugsley, Esq., on behalf however, the NRC did request SUPPLEMENTARY INFORMATION: of Water Remediation Technology, LLC comments on the issues raised in the (WRT), in a petition for rulemaking. I. The Petition petition in the FY 2019 proposed fee This action closes the petition docket. rule. The comment period closed on The NRC received and docketed a March 4, 2019, and the NRC received DATES: The docket for the petition for petition for rulemaking (PRM) (ADAMS one comment submission (ADAMS rulemaking, PRM–170–7, closed on June Accession No. ML18214A757), PRM– Accession No. ML19064B347) that was 4, 2020. 170–7, dated July 2, 2018, filed by the from the petitioner and expressed ADDRESSES: Please refer to Docket ID petitioner on behalf of WRT. On support for the proposed changes with NRC–2018–0172 when contacting the November 2, 2018 (83 FR 55113), the respect to PRM–170–7. NRC about the availability of NRC published a notice of docketing. information for this petition. You may The NRC did not institute a public III. Reasons for Consideration obtain publicly-available information comment period for this PRM because The petitioner assists small related to this action by any of the the NRC considered the issues raised in community water systems with following methods: the petition in the FY 2019 proposed fee compliance with uranium drinking • Federal Rulemaking Website: Public rule (84 FR 578; January 31, 2019), and water standards. The petitioner asserted comments and supporting materials the public had an opportunity to that its licensed operations are not related to this petition can be found at comment during that process. intended to produce source material for https://www.regulations.gov by The NRC identified three issues in the its commercial value, thereby reducing searching on the petition Docket ID petition, as follows: the financial benefit to the licensee as NRC–2018–0172 or the fiscal year (FY) Issue 1: The petitioner requested that compared to uranium recovery facilities 2019 proposed and final fee rules the NRC amend its regulations under that process ore primarily for its source Docket ID NRC–2017–0032. Address part 171 of title 10 of the Code of material content. Further, the petitioner questions about NRC dockets to Carol Federal Regulations (10 CFR), ‘‘Annual stated that it treats the source material Gallagher; telephone: 301–415–3463; Fees for Reactor Licenses and Fuel as a contaminant, rather than as a email: [email protected]. For Cycle Licenses and Materials Licenses, commodity. The petitioner explained technical questions, contact the including Holders of Certificates of that it only receives payment for individual listed in the FOR FURTHER Compliance, Registrations, and Quality services to remove uranium from INFORMATION CONTACT section of this Assurance Program Approvals and drinking water or other water sources; document. Government Agencies Licensed by the therefore, it does not profit from • The NRC’s Agencywide Documents NRC,’’ to re-categorize licensees processing the source material itself. Access and Management System performing water treatment services The petitioner asserts that uranium (ADAMS): You may obtain publicly- (e.g., WRT) from a full-cost recovery water treatment licensees should be re- available documents online in the category to a category with a fixed categorized from their current ADAMS Public Document collection at annual fee. designation of full-cost fee recovery

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licensees under fee category 2.A.(5), NRC extend the timeframe to apply for DEPARTMENT OF TRANSPORTATION ‘‘Licenses that authorize the possession a fee exemption to 180 days. The of source material related to removal of petitioner asserted that the current Federal Aviation Administration contaminants (source material) from regulation does not allow an applicant drinking water,’’ to the annual fee or licensee enough time to assess NRC’s 14 CFR Part 39 category 2.F, ‘‘All other source material billings, its progress on an application [Docket No. FAA–2020–0451; Product licenses,’’ of 10 CFR 170.31 and 171.16. or other work, and whether there are Identifier 2020–NM–036–AD] Additionally, the petitioner asserted grounds for an exemption request. The that, because small entities have limited RIN 2120–AA64 petitioner also stated that an applicant employees, market share, and revenue, or licensee should not be restricted Airworthiness Directives; Airbus SAS it makes sense to charge small entities Airplanes fixed fee amounts. The petitioner regarding when it can request an exemption. concluded that because of its current AGENCY: Federal Aviation small entity designation for 10 CFR part The 90-day timing requirement only Administration (FAA), DOT. 171 annual fees under the NRC’s applies to those exemption requests for ACTION: Notice of proposed rulemaking regulations, and the nature of its special projects submitted under (NPRM). licensed operations, it should be re- § 170.11(a)(1), which states that no designated under the 10 CFR part 170 application fees, license fees, renewal SUMMARY: The FAA proposes to fee category and charged a fixed-fee fees, inspection fees, or special project supersede Airworthiness Directive (AD) amount. fees shall be required for a special 99–01–19 and AD 2004–25–02, which The NRC reviewed PRM–170–7, project that is a request/report apply to certain Airbus SAS Model A320 series airplanes. AD 99–01–19 and WRT’s public comment on the FY 2018 submitted to the NRC. Therefore, the 90- proposed fee rule, and related AD 2004–25–02 require repetitive day timeframe is limited to only those documentation and addressed the first inspections to detect fatigue cracking in who are seeking fee exemptions after two requests raised in the petition in its certain areas of the fuselage, and FY 2019 fee rule, issued on May 17, submitting a request or report to the corrective action if necessary. AD 2004– 2019 (84 FR 22331). At the time of filing NRC under § 170.11(a)(1). This timing 25–02 also provides an optional of the petition, an entity that removed requirement does not apply to terminating action for the repetitive uranium from drinking water at applicants or licensees that submit an inspections. Since the FAA issued AD community water systems (e.g., WRT) application for the routine licensing 2004–25–02, it has been reported that, was viewed as a fee category 2.A.(5) activities addressed in the petition. For during full scale tests to support the licensee under §§ 170.31 and 171.16. these licensing activities, an applicant Model A320 structure extended service Additionally, at that time, fee category or licensee may request an exemption goal (ESG) exercise, several cracks were 2.A.(5) required full-cost recovery of pursuant to § 170.11(b) at any time. In found on both sides of the overwing fees under 10 CFR part 170 for all addition, § 170.51, ‘‘Right to review and emergency exit door cut-outs at fuselage licensing and inspection activities and appeal of prescribed fees,’’ all debtors’ section 15. This proposed AD would assessed an annual fee. requests for review of the fees assessed continue to require, for certain Based on its review, the NRC and appeal or disagreement with the airplanes, repetitive inspections of the concluded that full-cost recovery is not prescribed fee (staff hours and fastener holes for any cracking, and warranted for licensees that remove contractual) must be submitted in repair if necessary, and would provide contaminants from drinking water. accordance with the provisions of 10 an optional terminating action for the Therefore, in its FY 2019 fee rule, the fastener hole inspections. This proposed CFR 15.31, ‘‘Disputed Debts.’’ Under NRC addressed the first two of the three AD would also expand the applicable § 15.31(a), a debtor who disputes a debt petition requests by eliminating fee airplanes and require, for all airplanes, shall explain why the debt is incorrect category 2.A.(5) under §§ 170.31 and inspections of the emergency exit door 171.16, and categorizing existing and in fact or in law within 30 days from the structure for any cracking and repair if future uranium water treatment date that the initial demand letter was necessary; as specified in a European licensees as fee category 2.F. Because of mailed or hand-delivered. The Union Aviation Safety Agency (EASA) the elimination of fee category 2.A.(5) petitioner did not indicate any concerns AD, which will be incorporated by and the use of category 2.F., uranium related to these requirements. For these reference. The FAA is proposing this water treatment licensees such as WRT reasons, the NRC is denying the third AD to address the unsafe condition on shifted from a 10 CFR part 170 full-cost change requested by the petitioner. these products. fee category to a flat-fee category. V. Conclusion DATES: The FAA must receive comments Moreover, licensees in the 2.F. fee on this proposed AD by July 20, 2020. category, including WRT, may qualify For these reasons, the NRC granted ADDRESSES: You may send comments, for the small entity reduced fee. the first two requested changes in PRM– using the procedures found in 14 CFR Therefore, the NRC finds this action 170–7 in the FY 2019 final fee rule, and 11.43 and 11.45, by any of the following addresses the first two issues submitted is denying the third requested change. methods: • in the petition. This action closes docket PRM–170–7. Federal eRulemaking Portal: Go to IV. Reasons for Denial https://www.regulations.gov. Follow the Dated: May 14, 2020. instructions for submitting comments. The NRC is denying the third change For the Nuclear Regulatory Commission. • Fax: 202–493–2251. requested by the petitioner, which was Annette L. Vietti-Cook, • Mail: U.S. Department of related to the timeframe to appeal the Secretary of the Commission. Transportation, Docket Operations, M– assessment of fees under § 170.11(c). 30, West Building Ground Floor, Room [FR Doc. 2020–10831 Filed 6–3–20; 8:45 am] The petitioner stated that it disagrees W12–140, 1200 New Jersey Avenue SE, with the 90-day timeframe in BILLING CODE 7590–01–P Washington, DC 20590. § 170.11(c), which was added in the FY • Hand Delivery: U.S. Department of 2018 fee rule, and requested that the Transportation, Docket Operations, M–

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30, West Building Ground Floor, Room environmental, and energy aspects of dated May 15, 2002 (which corresponds W12–140, 1200 New Jersey Avenue SE, this NPRM. The FAA will consider all to FAA AD 2004–25–12). Washington, DC 20590, between 9 a.m. comments received by the closing date This proposed AD was prompted by and 5 p.m., Monday through Friday, and may amend this NPRM based on a report that during full scale tests to those comments. except Federal holidays. support the Model A320 structure ESG For EASA material that will be The FAA will post all received exercise, several cracks were found on incorporated by reference (IBR) in this comments, without change, to https:// both sides of the overwing emergency AD, contact the EASA, Konrad- www.regulations.gov, including any Adenauer-Ufer 3, 50668 Cologne, personal information you provide. The exit door cut-outs at fuselage section 15. Germany; telephone +49 221 89990 FAA will also post a report The FAA is proposing this AD to 1000; email [email protected]; summarizing each substantive verbal address fatigue cracking of the fuselage, internet www.easa.europa.eu. You may contact the agency receives about this which could result in reduced structural find this IBR material on the EASA NPRM. integrity of the airplane. See the MCAI for additional background information. website at https://ad.easa.europa.eu. Discussion For Airbus service information Explanation of Retained Requirements identified in this proposed AD, contact The FAA issued AD 2004–25–02, Amendment 39–13889 (70 FR 1184, Airbus SAS, Airworthiness Office— Paragraphs (g), (h), (i), and (j) of this January 6, 2005) (‘‘AD 2004–25–02’’), EIAS, Rond-Point Emile Dewoitine No: proposed AD restate the requirements which applies to certain Airbus SAS 2, 31700 Blagnac Cedex, France; and optional terminating action of AD telephone +33 5 61 93 36 96; fax +33 5 Model A320 series airplanes. AD 2004– 25–02 requires repetitive inspections to 2004–25–02, except a terminating action 61 93 44 51; email account.airworth- for repaired areas is removed as of the [email protected]; internet https:// detect fatigue cracking in certain areas of the fuselage, and corrective action if effective date of this AD. Paragraph (h) www.airbus.com. You may view this of AD 2004–25–02 (which corresponds IBR material at the FAA, Airworthiness necessary. AD 2004–25–02 also provides an optional terminating action to paragraph (i) of this proposed AD), Products Section, Operational Safety specifies that accomplishment of the Branch, 2200 South 216th St., Des for the repetitive inspections. The FAA issued AD 2004–25–02 to address repair terminates the repetitive Moines, WA. For information on the inspections for the area repaired. availability of this material at the FAA, fatigue cracking of the fuselage, which However, paragraph (3) of EASA AD call 206–231–3195. It is also available in could result in reduced structural 2020–0040, specifies that the repair the AD docket on the internet at https:// integrity of the airplane. AD 2004–25–02 specifies that does not terminate the repetitive www.regulations.gov by searching for accomplishing the inspection in and locating Docket No. FAA–2020– inspections. The corresponding FAA paragraph (i) of that AD terminates the 0451. paragraph (paragraph (i) of this repetitive inspection requirements of proposed AD) specifies the repair does Examining the AD Docket that AD. In addition, paragraph (f) of AD not terminate the inspections as of the You may examine the AD docket on 2004–25–02 specifies that effective date of this AD. accomplishing the inspection in that the internet at https:// In addition, the FAA has revised the www.regulations.gov by searching for paragraph terminates the requirements of AD 99–01–19, Amendment 39–10987 service information compliance and locating Docket No. FAA–2020– language for the optional modification. 0451; or in person at Docket Operations (64 FR 1114, January 8, 1999) (‘‘AD 99– 01–19’’). Paragraph (i) of AD 2004–25–02 refers to between 9 a.m. and 5 p.m., Monday using Airbus Service Bulletin A320–53– through Friday, except Federal holidays. Actions Since AD 2004–25–02 Was 1031, dated December 9, 1994; or The AD docket contains this NPRM, any Issued Revision 02, dated December 5, 2001, comments received, and other Since the FAA issued AD 2004–25– for the optional modification. However, information. The street address for 02, the agency has determined paragraph (j) of this proposed AD Docket Operations is listed above. additional action is necessary to address specifies using Airbus Service Bulletin Comments will be available in the AD the identified unsafe condition and that A320–53–1031, Revision 02, dated docket shortly after receipt. additional airplanes are affected by the December 5, 2001, for the optional FOR FURTHER INFORMATION CONTACT: unsafe condition. modification. The FAA has added Sanjay Ralhan, Aerospace Engineer, The EASA, which is the Technical paragraph (m) of this proposed AD to Large Aircraft Section, International Agent for the Member States of the provide credit for the optional Validation Branch, FAA, 2200 South European Union, has issued EASA AD modification if done using Airbus 216th St., Des Moines, WA 98198; 2020–0040, dated February 28, 2020 Service Bulletin A320–53–1031, dated telephone and fax 206–231–3223; email (‘‘EASA AD 2020–0040’’) (also referred December 9, 1994. [email protected]. to as the Mandatory Continuing Also, the FAA did not restate SUPPLEMENTARY INFORMATION: Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition paragraph (j) of AD 2004–25–02 in this Comments Invited for all Airbus SAS Model A319–111, proposed AD because that paragraph The FAA invites you to send any –112, –113, –114, –115, –131, –132, and was informational. If Airbus Service written relevant data, views, or –133 airplanes; and Model A320–211, Bulletin A320–53–1031, dated arguments about this proposal. Send –212, –214, –215, –216, –231, –232, and December 9, 1994; or Revision 02, dated your comments to an address listed –233 airplanes. Model A320–215 December 5, 2001; was used for the under the ADDRESSES section. Include airplanes are not certified by the FAA optional modification while complying ‘‘Docket No. FAA–2020–0451; Product and are not included on the U.S. type with AD 99–01–19, operators are in Identifier 2020–NM–036–AD’’ at the certificate data sheet; this AD therefore compliance with paragraph (i) of AD beginning of your comments. The FAA does not include those airplanes in the 2004–25–02 (which now corresponds to specifically invites comments on the applicability. EASA AD 2020–0040 paragraphs (j) and (m) of this proposed overall regulatory, economic, supersedes French AD 2002–259(B), AD).

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Related IBR Material Under 1 CFR Part FAA’s Determination and Requirements FAA ADs. The FAA has since 51 of This Proposed AD coordinated with other manufacturers and civil aviation authorities (CAAs) to EASA AD 2020–0040 describes, This product has been approved by the aviation authority of another use this process. As a result, EASA AD among other actions, procedures for country, and is approved for operation 2020–0040 will be incorporated by inspections of the emergency exit door in the United States. Pursuant to the reference in the FAA final rule. This structure for any cracking and repair, FAA’s bilateral agreement with the State proposed AD would, therefore, require and if necessary. of Design Authority, the FAA has been compliance with EASA AD 2020–0040 Airbus has issued Service Bulletin notified of the unsafe condition in its entirety, through that A320–53–1031, Revision 02, dated described in the MCAI referenced incorporation, except for any differences December 5, 2001. This service above. The FAA is proposing this AD identified as exceptions in the regulatory text of this proposed AD. information describes procedures for because the agency evaluated all Using common terms that are the same repetitive rotating probe inspections of pertinent information and determined as the heading of a particular section in the fasteners holes and repair if an unsafe condition exists and is likely the EASA AD does not mean that necessary. to exist or develop on other products of the same type design. operators need comply only with that This AD would also require Airbus section. For example, where the AD Service Bulletin A320–53–1032, Proposed AD Requirements requirement refers to ‘‘all required Revision 02, dated December 5, 2001, This proposed AD would retain the actions and compliance times,’’ which the Director of the Federal requirements of AD 2014–25–02. This compliance with this AD requirement is Register approved for incorporation by proposed AD would also expand the not limited to the section titled reference as of February 10, 2005 (70 FR applicability and require accomplishing ‘‘Required Action(s) and Compliance 1184, January 6, 2005). the actions specified in EASA AD 2020– Time(s)’’ in the EASA AD. Service 0040 described previously, as information specified in EASA AD This AD would also require Airbus 2020–0040 that is required for Service Bulletin A320–53–1032, incorporated by reference, except for any differences identified as exceptions compliance with EASA AD 2020–0040 Revision 01, dated January 15, 1998, in the regulatory text of this AD. will be available on the internet at which the Director of the Federal https://www.regulations.gov by Register approved for incorporation by Explanation of Required Compliance searching for and locating Docket No. reference as of February 12, 1999 (64 FR Information FAA–2020–0451 after the FAA final 1114, January 8, 1999). In the FAA’s ongoing efforts to rule is published. improve the efficiency of the AD This material is reasonably available Costs of Compliance because the interested parties have process, the FAA initially worked with access to it through their normal course Airbus and EASA to develop a process The FAA estimates that this proposed of business or by the means identified to use certain EASA ADs as the primary AD affects 800 airplanes of U.S. registry. in the ADDRESSES section. source of information for compliance The FAA estimates the following costs with requirements for corresponding to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS *

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

Retained actions from AD 2004–25– Up to 19 work-hours × $85 per hour $0 Up to $1,615 ...... Up to $1,292,000. 02. = Up to $1,615. New proposed actions ...... Up to 23 work-hours × $85 per hour 0 Up to $1,955 ...... Up to $1,564,000. = Up to $1,955.

The FAA estimates the following the results of any required actions. The number of aircraft that might need these costs to do any necessary on-condition FAA has no way of determining the on-condition actions: actions that would be required based on

ESTIMATED COSTS OF ON-CONDITION ACTIONS: MODIFICATION, REPAIR OF FASTENER HOLES, AND REPAIR OF CRACKS IN THE EMERGENCY EXIT DOOR STRUCTURE THAT ARE WITHIN LIMITS

Labor cost Parts cost Cost per product

Up to 66 work-hours × $85 per hour = Up to $5,610 ...... Up to $85,000 ...... Up to $90,610.

The FAA has received no definitive provide cost estimates for the on- emergency exit door structure that are data that would enable the agency to condition repair of cracks in the not within limits that is specified in this proposed AD.

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ESTIMATED COSTS FOR OPTIONAL ACTIONS

Cost per Labor cost Parts cost product

1 work-hour × $85 per hour = $85 ...... $4,219 $4,304

Authority for This Rulemaking PART 39—AIRWORTHINESS cracking on the outboard flanges around the DIRECTIVES fastener holes of frames 38 through 41, Title 49 of the United States Code between stringers 12 and 21, using Airbus specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 Service Bulletin A320–53–1032, Revision 02, rules on aviation safety. Subtitle I, continues to read as follows: dated December 5, 2001. section 106, describes the authority of (1) For airplanes on which the inspection Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII: specified in Airbus Service Bulletin A320– 53–1032, Revision 01, dated January 15, Aviation Programs, describes in more § 39.13 [Amended] 1998; or Airbus Service Bulletin A320–53– detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by 1032, Revision 02, dated December 5, 2001; authority. removing Airworthiness Directive (AD) has been done as of February 10, 2005 (the The FAA is issuing this rulemaking 99–01–19, Amendment 39–10987 (64 effective date of AD 2004–25–02): Do the under the authority described in FR 1114, January 8, 1999); and AD next inspection within 4,900 flight cycles Subtitle VII, Part A, Subpart III, Section 2004–25–02, Amendment 39–13889 (70 after accomplishment of the last inspection, or within 1,100 flight cycles after February 44701: ‘‘General requirements.’’ Under FR 1184, January 6, 2005); and adding 10, 2005, whichever is later. that section, Congress charges the FAA the following new AD: (2) For airplanes on which no inspection with promoting safe flight of civil Airbus SAS: Docket No. FAA–2020–0451; specified in Airbus Service Bulletin A320– aircraft in air commerce by prescribing Product Identifier 2020–NM–036–AD. 53–1032, Revision 01, dated January 15, regulations for practices, methods, and 1998; or Airbus Service Bulletin A320–53– (a) Comments Due Date procedures the Administrator finds 1032, Revision 02, dated December 5, 2001; necessary for safety in air commerce. The FAA must receive comments by July has been done as of February 10, 2005 (the This regulation is within the scope of 20, 2020. effective date of AD 2004–25–02): Do the inspection at the earlier of the times specified that authority because it addresses an (b) Affected ADs in paragraphs (g)(2)(i) and (ii) of this AD. unsafe condition that is likely to exist or This AD replaces AD 99–01–19, (i) Before the accumulation of 30,000 total develop on products identified in this Amendment 39–10987 (64 FR 1114, January flight cycles. rulemaking action. 8, 1999) (‘‘AD 99–01–19’’); and AD 2004–25– (ii) Before the accumulation of 24,800 total 02, Amendment 39–13889 (70 FR 1184, flight cycles, or within 3,500 flight cycles Regulatory Findings January 6, 2005) (‘‘AD 2004–25–02’’). after February 10, 2005 (the effective date of AD 2004–25–02), whichever is later. The FAA determined that this (c) Applicability proposed AD would not have federalism This AD applies to all Airbus SAS Model (h) Retained Repetitive Inspections if No implications under Executive Order A319–111, –112, –113, –114, –115, –131, Cracking Is Found, With No Changes 13132. This proposed AD would not –132, and –133 airplanes; and Model A320– This paragraph restates the requirements of have a substantial direct effect on the 211, –212, –214, –216, –231, –232, and –233 paragraph (g) of AD 2004–25–02, with no States, on the relationship between the airplanes, certificated in any category. changes. If no crack is found during the inspection required by paragraph (g)(1) or (2) national Government and the States, or (d) Subject on the distribution of power and of this AD: Repeat the inspection thereafter Air Transport Association (ATA) of at intervals not to exceed 4,900 flight cycles. responsibilities among the various America Code 53, Fuselage. levels of government. (i) Retained Corrective Actions With New (e) Reason Repetitive Inspections and Compliance For the reasons discussed above, I Language certify this proposed regulation: This AD was prompted by a report that, during full scale tests to support the Model This paragraph restates the requirements of (1) Is not a ‘‘significant regulatory A320 structure extended service goal (ESG) paragraph (h) of AD 2004–25–02, with new action’’ under Executive Order 12866, exercise, several cracks were found on both repetitive inspections and compliance (2) Will not affect intrastate aviation sides of the overwing emergency exit door language. If any crack is found during any in Alaska, and cut-outs at fuselage section 15. The FAA is inspection required by paragraph (g) of this issuing this AD to address fatigue cracking of AD, before further flight, repair using Airbus (3) Will not have a significant the fuselage, which could result in reduced Service Bulletin A320–53–1032, Revision 01, economic impact, positive or negative, structural integrity of the airplane. dated January 15, 1998; or Airbus Service on a substantial number of small entities Bulletin A320–53–1032, Revision 02, dated (f) Compliance under the criteria of the Regulatory December 5, 2001. Accomplishment of a Flexibility Act. Comply with this AD within the repair using the service bulletin before the compliance times specified, unless already effective date of this AD ends the repetitive List of Subjects in 14 CFR Part 39 done. inspection requirements for the area repaired. As of the effective date of this AD, the repair Air transportation, Aircraft, Aviation (g) Retained Initial Inspections, with No does not constitute terminating action for the safety, Incorporation by reference, Changes repetitive inspection. Thereafter, repeat the Safety. For Airbus SAS Model A320–111, –211, inspection at intervals not to exceed 4,900 –212, and –231 series airplanes on which flight cycles. If any crack is found during any The Proposed Amendment Airbus Modification 21346 has not been inspection required by this AD, and the done: This paragraph restates the service bulletin specifies to contact Airbus Accordingly, under the authority requirements of paragraph (f) of AD 2004– for appropriate action: Before further flight, delegated to me by the Administrator, 25–02, with no changes. At the applicable repair using a method approved by the the FAA proposes to amend 14 CFR part time specified in paragraph (g)(1) or (2) of Manager, Large Aircraft Section, 39 as follows: this AD: Do a detailed inspection to find International Validation Branch, FAA.

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(j) Retained Optional Terminating Action International Validation Branch, FAA; or signals. This proposed AD would With Changes to the Service Information EASA; or Airbus SAS’s EASA Design require amending the emergency Compliance Language Organization Approval (DOA). If approved by procedures of the rotorcraft flight This paragraph restates the optional the DOA, the approval must include the manual (RFM) for your helicopter, a DOA-authorized signature. terminating action specified in paragraphs (i) wiring modification of the ‘‘flight/ and (j) of AD 2004–25–02, with changes to (o) Related Information ground’’ logic signal source of the the service information compliance language. attitude heading and reference system Accomplishment of Airbus Modification (1) For information about EASA AD 2020– 21346 using Airbus Service Bulletin A320– 0040, contact the EASA, Konrad-Adenauer- (AHRS) 1, and then removal of the 53–1031, Revision 02, dated December 5, Ufer 3, 50668 Cologne, Germany; telephone amendment to the RFM for your 2001, constitutes terminating action for the +49 221 89990 6017; email ADs@ helicopter. The FAA is proposing this repetitive inspection requirements of easa.europa.eu; Internet AD to address the unsafe condition on paragraphs (h) and (i) this AD. www.easa.europa.eu. You may find this these products. EASA AD on the EASA website at https:// (k) New Requirements ad.easa.europa.eu. For Airbus service DATES: The FAA must receive comments Except as specified in paragraph (l) of this information identified in this AD, contact on this proposed AD by July 20, 2020. AD: Comply with all required actions and Airbus SAS, Airworthiness Office—EIAS, ADDRESSES: You may send comments, compliance times specified in, and in Rond-Point Emile Dewoitine No: 2, 31700 using the procedures found in 14 CFR accordance with, European Union Aviation Blagnac Cedex, France; telephone +33 5 61 11.43 and 11.45, by any of the following Safety Agency (EASA) AD 2020–0040, dated 93 36 96; fax +33 5 61 93 44 51; email methods: February 28, 2020 (‘‘EASA AD 2020–0040’’). [email protected]; internet • https://www.airbus.com. You may view this Federal eRulemaking Portal: Go to (l) Exceptions to EASA AD 2020–0040 material at the FAA, Airworthiness Products https://www.regulations.gov. Follow the Section, Operational Safety Branch, 2200 instructions for submitting comments. (1) Where EASA AD 2020–0040 refers to its • effective date, this AD requires using the South 216th St., Des Moines, WA. For Fax: 202–493–2251. effective date of this AD. information on the availability of this • Mail: U.S. Department of (2) Where EASA AD 2020–0040 requires material at the FAA, call 206–231–3195. This Transportation, Docket Operations, M– the accomplishment of repetitive inspections material may be found in the AD docket on 30, West Building Ground Floor, Room and corrective actions as specified in the internet at https://www.regulations.gov W12–140, 1200 New Jersey Avenue SE, paragraphs (1) and (2) of the EASA AD, those by searching for and locating Docket No. Washington, DC 20590. actions are not required by this AD as FAA–2020–0451. • Hand Delivery: Deliver to Mail (2) For more information about this AD, specified in the EASA AD. Those actions are address above between 9 a.m. and 5 required by paragraphs (g), (h), and (i) of this contact Sanjay Ralhan, Aerospace Engineer, AD. Large Aircraft Section, International p.m., Monday through Friday, except Validation Branch, FAA, 2200 South 216th Federal holidays. (m) Credit for Previous Actions St., Des Moines, WA 98198; telephone and For service information identified in This paragraph provides credit for the fax 206–231–3223; email Sanjay.Ralhan@ this NPRM, contact Airbus Helicopters, optional terminating action specified in faa.gov. 2701 N Forum Drive, Grand Prairie, TX paragraph (j) of this AD, if Airbus Issued on May 29, 2020. 75052; phone: (972) 641–0000 or (800) Modification 21346 was performed before the Gaetano A. Sciortino, 232–0323; fax: (972) 641–3775; or at effective date of this AD using Airbus Service https://www.airbus.com/helicopters/ Deputy Director for Strategic Initiatives, Bulletin A320–53–1031, dated December 9, services/technical-support.html. You 1994. Compliance & Airworthiness Division, Aircraft Certification Service. may view this service information at the (n) Other FAA AD Provisions [FR Doc. 2020–12025 Filed 6–3–20; 8:45 am] FAA, Office of the Regional Counsel, The following provisions also apply to this Southwest Region, 10101 Hillwood BILLING CODE 4910–13–P AD: Pkwy., Room 6N–321, Fort Worth, TX (1) Alternative Methods of Compliance 76177. For information on the (AMOCs): The Manager, Large Aircraft DEPARTMENT OF TRANSPORTATION availability of this material at the FAA, Section, International Validation Branch, call (817) 222–5110. FAA, has the authority to approve AMOCs Federal Aviation Administration for this AD, if requested using the procedures Examining the AD Docket found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your 14 CFR Part 39 You may examine the AD docket on principal inspector or local Flight Standards the internet at https:// [Docket No. FAA–2020–0462; Product www.regulations.gov by searching for District Office, as appropriate. If sending Identifier 2019–SW–021–AD] information directly to the Large Aircraft and locating Docket No. FAA–2020– Section, International Validation Branch, RIN 2120–AA64 0462; or in person at Docket Operations FAA, send it to the attention of the person between 9 a.m. and 5 p.m., Monday identified in paragraph (o)(2) of this AD. Airworthiness Directives; Airbus through Friday, except Federal holidays. Information may be emailed to: 9-ANM-116- Helicopters The AD docket contains this NPRM, the [email protected]. European Aviation Safety Agency (now (i) Before using any approved AMOC, AGENCY: Federal Aviation notify your appropriate principal inspector, Administration (FAA), DOT. European Union Aviation Safety Agency) (EASA) AD, any comments or lacking a principal inspector, the manager ACTION: Notice of proposed rulemaking received, and other information. The of the local flight standards district office/ (NPRM). certificate holding district office. street address for Docket Operations is (ii) AMOCs approved previously for AD SUMMARY: The FAA proposes to adopt a listed above. Comments will be 2004–25–02 are approved as AMOCs for the new airworthiness directive (AD) for available in the AD docket shortly after corresponding provisions of paragraphs (g) certain Airbus Helicopters Model receipt. through (j) of this AD. FOR FURTHER INFORMATION CONTACT: (2) Contacting the Manufacturer: For any AS332C1 and AS332L1 helicopters. requirement in this AD to obtain instructions This proposed AD was prompted by a George Schwab, Aviation Safety from a manufacturer, the instructions must report that the affected helicopters use Engineer, Safety Management Section, be accomplished using a method approved the same ‘‘flight/ground’’ logic signal Rotorcraft Standards Branch, FAA, by the Manager, Large Aircraft Section, instead of independent redundant 10101 Hillwood Pkwy., Fort Worth, TX

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76177; phone: 817–222–5110; email: on both primary displays. EASA AD independent redundant signals. Airbus [email protected]. 2019–0021 states that this condition, if Service Bulletin No. AS332–34.00.60, SUPPLEMENTARY INFORMATION: not corrected, could lead to increased Revision 1, dated March 29, 2019, workload for the flight crew when the clarifies the procedures for the post- Comments Invited upper modes of the automatic flight installation test in Alert Service Bulletin The FAA invites you to send any control system are not engaged, possibly No. AS332–34.00.60, Revision 0, dated written relevant data, views, or resulting in reduced control of the December 6, 2018. arguments about this proposal. Send helicopter during high speed maneuvers FAA’s Determination your comments to an address listed in instrumental meteorological under the ADDRESSES section. Include conditions (IMC). This product has been approved by ‘‘Docket No. FAA–2020–0462; Product EASA further advises that Airbus the aviation authority of another Identifier 2019–SW–021–AD’’ at the Helicopters has issued rush revisions to country, and is approved for operation beginning of your comments. The FAA the RFM, and developed a modification in the United States. Pursuant to a specifically invites comments on the of the wiring harness, ensuring bilateral agreement with the State of overall regulatory, economic, independent sources of the ‘‘flight/ Design Authority, the FAA has been environmental, and energy aspects of ground’’ logic signal for both AHRS. notified of the unsafe condition this NPRM. The FAA will consider all EASA AD 2019–0021 requires amending described in the MCAI and service comments received by the closing date the emergency procedures of the information referenced above. The FAA and may amend this NPRM because of applicable RFM, doing the modification is proposing this AD after evaluating all those comments. of the wiring harness, and then the relevant information and The FAA will post all comments removing the amendment to the RFM. determining the unsafe condition received, without change, to https:// You may examine the MCAI in the described previously is likely to exist or www.regulations.gov, including any AD docket on the internet at https:// develop on other products of these same personal information you provide. The www.regulations.gov by searching for type designs. FAA will also post a report and locating Docket No. FAA–2020– Proposed Requirements of This NPRM summarizing each substantive verbal 0462. contact received about this NPRM. This proposed AD would require Related Service Information Under 1 accomplishing the actions specified in Discussion CFR Part 51 the service information described EASA, which is the Technical Agent Airbus Helicopters has issued Alert previously, except as discussed under for the Member States of the European Service Bulletin No. AS332–34.00.60, ‘‘Differences Between this Proposed AD Union, has issued EASA AD 2019–0021, Revision 1, dated March 29, 2019. This and the MCAI or Service Information.’’ dated February 1, 2019; corrected service information describes Differences Between This Proposed AD February 4, 2019 (EASA AD 2019–0021) procedures for a wiring modification of and the MCAI or Service Information (referred to after this as the Mandatory the ‘‘flight/ground’’ logic signal source Continuing Airworthiness Information of the AHRS 1, which changes the EASA AD 2019–0021 specifies to do or ‘‘the MCAI’’), to correct an unsafe ‘‘flight/ground’’ logic signal source to the modification within 6 months. This condition for certain Airbus Helicopters independent redundant signals. proposed AD would require the Model AS332C1 and AS332L1 This service information is reasonably modification be done within 100 hours helicopters. EASA advises that the available because the interested parties time-in-service or before intentional AHRS 1 and AHRS 2 installed on have access to it through their normal flight into IMC, whichever occurs first. AS332C1e and AS332L1e helicopters course of business or by the means The FAA has determined this use the same ‘flight/ground’ logic signal, identified in the ADDRESSES section. compliance time represents the instead of independent redundant maximum interval of time allowable for Other Related Service Information signals, as required by the original the affected helicopters to continue to design specification. If both AHRS Airbus Helicopters has issued Alert safely operate before the modification is incorrectly receive ‘‘ground’’ status in Service Bulletin No. AS332–34.00.60, done. flight, as a result for instance of a single Revision 0, dated December 6, 2018. failure, this will generate consistent The service information describes Costs of Compliance erroneous computation of the attitudes procedures for a wiring modification of The FAA estimates that this proposed and vertical speed during helicopter the ‘‘flight/ground’’ logic signal source AD affects 8 helicopters of U.S. registry. maneuvers with consequent incorrect of the AHRS 1, which changes the The FAA estimates the following costs flight data indications to the flight crew ‘‘flight/ground’’ logic signal source to to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

7 work-hours × $85 per hour = $595 ...... $40 $635 $5,080

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

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that authority because it addresses an the FAA proposes to amend 14 CFR part (e) Reason unsafe condition that is likely to exist or 39 as follows: This AD was prompted by a report that the develop on products identified in this affected helicopters use the same ‘‘flight/ rulemaking action. PART 39—AIRWORTHINESS ground’’ logic signal, instead of independent DIRECTIVES redundant signals. The FAA is issuing this Regulatory Findings AD to address certain helicopters that use the ■ The FAA determined that this 1. The authority citation for part 39 same ‘‘flight/ground’’ logic signal, instead of proposed AD would not have federalism continues to read as follows: independent redundant signals. If both implications under Executive Order Authority: 49 U.S.C. 106(g), 40113, 44701. attitude heading and reference systems 13132. This proposed AD would not (AHRS) incorrectly receive ‘‘ground’’ status § 39.13 [Amended] have a substantial direct effect on the in flight, as a result for instance of a single ■ States, on the relationship between the 2. The FAA amends § 39.13 by adding failure, this will generate consistent national Government and the States, or the following new airworthiness erroneous computation of the attitudes and on the distribution of power and directive (AD): vertical speed during helicopter maneuvers responsibilities among the various Airbus Helicopters: Docket No. FAA–2020– with consequent incorrect flight data indications to the flight crew on both primary levels of government. 0462; Product Identifier 2019–SW–021– AD. displays. Erroneous flight information could For the reasons discussed above, I lead to increased workload for the flight crew certify this proposed regulation: (a) Comments Due Date when the upper modes of the automatic flight (1) Is not a ‘‘significant regulatory The FAA must receive comments by July control system are not engaged, possibly action’’ under Executive Order 12866, 20, 2020. resulting in reduced control of the helicopter during high speed maneuvers in instrumental (2) Will not affect intrastate aviation (b) Affected ADs in Alaska, and meteorological conditions (IMC). None. (3) Will not have a significant (f) Compliance economic impact, positive or negative, (c) Applicability Comply with this AD within the on a substantial number of small entities This AD applies to Airbus Helicopters compliance times specified, unless already under the criteria of the Regulatory Model AS332C1 and AS332L1 helicopters, done. Flexibility Act. certificated in any category, all manufacturer serial numbers, equipped with an Advanced (g) Required Actions List of Subjects in 14 CFR Part 39 Helicopter Cockpit & Avionics System (1) Within 30 days after the effective date (AHCAS), except helicopters that have Air transportation, Aircraft, Aviation of this AD: Amend the emergency procedures Airbus Helicopters modification 0728576 safety, Incorporation by reference, of the rotorcraft flight manual (RFM) for your embodied in production. Safety. helicopter by inserting the supplemental text (d) Subject specified in Figure 1 to paragraph (g)(1) of The Proposed Amendment Joint Aircraft Service Component (JASC) this AD, immediately following paragraph 9 Accordingly, under the authority Code 3420, Attitude and direction data GROUND/FLIGHT LOGIC FAULT. delegated to me by the Administrator, system. BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C (j) Alternative Methods of Compliance fax: (972) 641–3775; or at https:// (2) Within 100 hours time-in-service or (AMOCs) www.airbus.com/helicopters/services/ before intentional flight into IMC, whichever (1) The Manager, Safety Management technical-support.html. You may view this occurs first after the effective date of this AD, Section, Rotorcraft Standards Branch, FAA, service information at the FAA, Office of the do the wiring modification of the ‘‘flight/ may approve AMOCs for this AD. Send your Regional Counsel, Southwest Region, 10101 ground’’ logic signal source of the AHRS 1 in proposal to: George Schwab, Aviation Safety Hillwood Pkwy., Room 6N–321, Fort Worth, accordance with the Accomplishment Engineer, Safety Management Section, TX 76177. For information on the availability Instructions of Airbus Helicopters Alert Rotorcraft Standards Branch, FAA, 10101 of this material at the FAA, call (817) 222– Hillwood Pkwy., Fort Worth, TX 76177; Service Bulletin No. AS332–34.00.60, 5110. Revision 1, dated March 29, 2019. After phone: 817–222–5110; email: 9-ASW-FTW- [email protected]. Issued on May 29, 2020. completion of the wiring modification, the (2) For operations conducted under a 14 Lance T. Gant, RFM amendment required by paragraph CFR part 119 operating certificate or under (g)(1) of this AD must be removed from the 14 CFR part 91, subpart K, notify your Director, Compliance & Airworthiness RFM for your helicopter. principal inspector or lacking a principal Division, Aircraft Certification Service. inspector, the manager of the local flight [FR Doc. 2020–12028 Filed 6–3–20; 8:45 am] (h) Special Flight Permit standards district office or certificate holding BILLING CODE 4910–13–P Special flight permits may be issued in district office, before operating any aircraft accordance with 14 CFR 21.197 and 21.199 complying with this AD through an AMOC. to operate the helicopter to a location where (k) Related Information the helicopter can be modified (if the DEPARTMENT OF AGRICULTURE operator elects to do so), provided the (1) The subject of this AD is addressed in helicopter is operated under visual flight European Aviation Safety Agency (now European Union Aviation Safety Agency) Forest Service rules only. (EASA) AD 2019–0021, dated February 1, (i) Credit for Previous Actions 2019; corrected February 4, 2019. This EASA 36 CFR Part 251 AD may be found in the AD docket on the This paragraph provides credit for the internet at https://www.regulations.gov by actions specified in paragraph (g) of this AD, Special Uses; Processing of searching for and locating Docket No. FAA– Applications, Issuance of if those actions were performed before the 2020–0462. effective date of this AD using Airbus (2) For service information identified in Authorizations, and Communications Helicopters Alert Service Bulletin No. this AD, contact Airbus Helicopters, 2701 N Site Management AS332–34.00.60, Revision 0, dated December Forum Drive, Grand Prairie, TX 75052; 6, 2018. phone: (972) 641–0000 or (800) 232–0323; AGENCY: Forest Service, USDA.

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ACTION: Issuance of proposed directives; a response to timely comments, will be submissions, and general guidance on notice of availability for public posted on the Forest Service’s web page making effective comments, please visit comment. at https://www.fs.fed.us/about-agency/ http://www2.epa.gov/dockets/ regulations-policies. commenting-epa-dockets. SUMMARY: The United States Department FOR FURTHER INFORMATION CONTACT: of Agriculture (USDA), Forest Service is Tina Johna Terrell, Ysabel Banon, Air Programs Branch, proposing to issue a directive to Associate Deputy Chief, National Forest Environmental Protection Agency, implement parts of the Agriculture System. Region 2 Office, 290 Broadway, 25th Improvement Act of 2018 and [FR Doc. 2020–11830 Filed 6–3–20; 8:45 am] Floor, New York, New York 10007– streamline the Agency’s procedures for BILLING CODE 3411–15–P 1866, (212) 637–3382, or by email at evaluating applications to locate or [email protected]. modify communications facilities on National Forest System (NFS) lands. ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: On The proposed directives would work in AGENCY November 29, 2017, the State of New conjunction with the special use Jersey through the Department of regulations published on April 8, 2020 40 CFR Part 52 Environmental Protection (NJDEP), to address the streamlining formally submitted a proposed revision [EPA–R02–OAR–2019–0681; FRL–10006– to the New Jersey SIP which repeals requirements of the Farm Bill. 86–Region 2] New Jersey Administrative Code (NJAC) DATES: Comments must be received in 7:27–34, ‘‘TBAC Emission Reporting.’’ writing by July 6, 2020. Approval and Promulgation of ADDRESSES: Comments may be Implementation Plans; New Jersey; I. Background submitted electronically to https:// Revisions to Emissions Reporting Requirements TBAC is a VOC that is used as a cara.ecosystem-management.org/Public/ solvent in coating operations, and may CommentInput?project=ORMS-2525. AGENCY: Environmental Protection be found in products, such as paints, Written comments may be mailed to Agency (EPA). inks, and adhesives. VOCs are organic Director, Lands Staff, 1400 ACTION: Proposed rule. compounds of carbon that, in the Independence Avenue SW, Washington, presence of sunlight, react with sources DC 20250–1124. All timely received SUMMARY: The Environmental Protection of oxygen molecules, such as nitrogen comments, including names and Agency (EPA) is proposing to approve a oxides (NOX), in the atmosphere to addresses, will be placed in the record state implementation plan (SIP) revision produce tropospheric ozone, commonly and will be available for public submitted by the State of New Jersey. known as smog. Common sources that inspection and copying. The public may This proposed revision requests to may emit VOCs include paints, coatings, inspect comments received at https:// remove from the SIP the recordkeeping, housekeeping and maintenance cara.ecosystem-management.org/Public/ emission reporting, photochemical products, and building and furnishing ReadingRoom?project=ORMS-2525. dispersion modeling, and inventory materials. FOR FURTHER INFORMATION CONTACT: Joey requirements for t-butyl acetate (TBAC) VOCs have different levels of Perry, Lands Staff, 530–251–3286 or as a volatile organic compound (VOC). volatility, depending on the compound, [email protected]. Individuals who The proposed revision is consistent and react at different rates to produce use telecommunication devices for the with the Clean Air Act (CAA). varying amounts of ozone. VOCs that deaf may call the Federal Relay Service DATES: Written comments must be are non-reactive or of negligible at 800–877–8339 between 8:00 a.m. and received on or before July 6, 2020. reactivity to form ozone react slowly 8:00 p.m., Eastern Standard Time, ADDRESSES: Submit your comments, and/or form less ozone; therefore, Monday through Friday. identified by Docket ID No. EPA–R02– reducing their emissions has limited SUPPLEMENTARY INFORMATION: The OAR–2019–0681, at http:// effects on local or regional ozone President signed the Agriculture www.regulations.gov. Follow the online pollution. Section 302(s) of the CAA Improvement Act of 2018 (the Farm instructions for submitting comments. specifies that the EPA has the authority Bill) into law on December 20, 2018. Once submitted, comments cannot be to define the meaning of VOC and thus Title VIII, Subtitle G, Section 8705, of edited or removed from Regulations.gov. what compounds shall be treated as the Farm Bill requires regulations that The EPA may publish any comment VOCs for regulatory purposes. streamline the process for evaluating received to its public docket. Do not It is the EPA’s policy that organic applications for communications submit electronically any information compounds with a negligible level of facilities on NFS lands. The Forest you consider to be Confidential reactivity should be excluded from the Service published revisions to its Business Information or other regulatory definition of VOC in order to special use regulations on April 8, 2020 information whose disclosure is focus control efforts on compounds that (85 FR 19660). The Forest Service restricted by statute. Multimedia significantly affect ozone issued proposed directives that would submissions (audio, video, etc.) must be concentrations. The EPA uses the work in conjunction with that rule. The accompanied by a written comment. reactivity of ethane as the threshold for Forest Service is requesting comments The written comment is considered the determining whether a compound has on the proposed directives, available official comment and should include negligible reactivity. Compounds that online at https://cara.ecosystem- discussion of all points you wish to are less reactive than, or equally reactive management.org/Public/ make. The EPA will generally not to, ethane under certain assumed CommentInput?project=ORMS-2525. consider comments or comment conditions may be deemed negligibly After the public comment period contents located outside of the primary reactive and, therefore, suitable for closes, the Forest Service will consider submission (i.e., on the web, cloud, or exemption by the EPA from the timely comments that are within the other file sharing system). For regulatory definition of VOC. The policy scope of the proposed directives in the additional submission methods, the full of excluding negligibly reactive development of the final directives. A EPA public comment policy, compounds from the regulatory notice of the final directives, including information about CBI or multimedia definition of VOC was first laid out in

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the ‘‘Recommended Policy on Control of The EPA is proposing to approve the action because SIP approvals are Volatile Organic Compounds’’ (42 FR removal of the recordkeeping, emission exempted under Executive Order 12866. 35314, July 8, 1977) and was reporting, photochemical dispersion • Does not impose an information supplemented subsequently with the modeling, and inventory requirements collection burden under the provisions ‘‘Interim Guidance on Control of for TBAC from the New Jersey SIP. This of the Paperwork Reduction Act (44 Volatile Organic Compounds in Ozone proposed SIP revision will not interfere U.S.C. 3501 et seq.); State Implementation Plans’’ (70 FR with attainment of any national ambient • Is certified as not having a 54046, September 13, 2005). The air quality standard (NAAQS), significant economic impact on a regulatory definition of VOC as well as reasonable further progress, or any other substantial number of small entities a list of compounds that are designated requirement of the CAA, including under the Regulatory Flexibility Act (5 by the EPA as negligibly reactive can be section 110(l), and is consistent with the U.S.C. 601 et seq.); found at 40 CFR 51.100(s)(1). EPA’s February 25, 2016 final rule. 81 • Does not contain any unfunded On September 30, 1999, EPA FR 9339. mandate or significantly or uniquely affect small governments, as described proposed to revise the regulatory III. Proposed Action definition of VOC in 40 CFR 51.100(s)(1) in the Unfunded Mandates Reform Act Based on a review of the submitted of 1995 (Pub. L. 104–4); to exclude TBAC as a VOC. 64 FR • 52731. In most cases, when a negligibly material, the EPA is proposing to Does not have Federalism reactive VOC is exempted from the approve the removal from New Jersey implications as specified in Executive definition of VOC, emissions of that SIP of NJAC 7:27–34, ‘‘TBAC Emissions Order 13132 (64 FR 43255, August 10, 1999); compound are no longer recorded, Reporting,’’ which includes • collected, or reported to states or the recordkeeping, emissions reporting, Is not an economically significant EPA as part of VOC emissions. photochemical dispersion modeling, regulatory action based on health or However, the EPA’s November 29, 2004 and inventory requirements for TBAC. safety risks subject to Executive Order final rule excluded TBAC from the Therefore, the EPA is proposing to 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action definition of VOC for purposes of VOC approve New Jersey’s SIP revision, subject to Executive Order 13211 (66 FR emissions limitations or VOC content which was submitted on November 29, 2017. The EPA is soliciting public 28355, May 22, 2001); requirements but continued to define • Is not subject to requirements of comments on the issues discussed in TBAC as a VOC for purposes of all section 12(d) of the National this rulemaking action. These comments recordkeeping, emissions reporting, Technology Transfer and Advancement will be considered before taking final photochemical dispersion modeling, Act of 1995 (15 U.S.C. 272 note) because action. and inventory requirements that apply application of those requirements would to VOCs. 69 FR 69298 (November 29, IV. Incorporation by Reference be inconsistent with the Clean Air Act; 2004). and On February 25, 2016, the EPA In this document, the EPA is • Does not provide EPA with the revised the regulatory definition of VOC proposing to amend regulatory text that discretionary authority to address, as under 40 CFR 51.100(s)(1) to remove includes incorporation by reference. As appropriate, disproportionate human TBAC’s recordkeeping, emissions described above in section III, the EPA health or environmental effects, using reporting, photochemical dispersion is proposing to remove NJAC 7:27–34, practicable and legally permissible modeling, and inventory requirements. ‘‘TBAC Emissions Reporting,’’ from the methods, under Executive Order 12898 81 FR 9339. Accordingly, on October 24, New Jersey State Implementation Plan, (59 FR 7629, February 16, 1994). 2017, the NJDEP repealed N.J.A.C. 7:27– which is incorporated by reference in In addition, this proposed rulemaking 34 which includes TBAC emissions accordance with the requirements of 1 action, pertaining to TBAC, is not reporting requirements within the State CFR part 51. approved to apply on any Indian of New Jersey. V. Statutory and Executive Order reservation land or in any other area II. Summary of the SIP Revision and Reviews where EPA or an Indian tribe has the EPA’s Analysis demonstrated that a tribe has Under the CAA, the Administrator is jurisdiction. In those areas of Indian In order to conform with the EPA’s required to approve a SIP submission country, the rule does not have tribal current regulatory requirements for that complies with the provisions of the implications and will not impose TBAC in the February 25, 2016 final Act and applicable Federal regulations. substantial direct costs on tribal rule, New Jersey is now requesting that 42 U.S.C. 7410(k); 40 CFR 52.02(a). governments or preempt tribal law as NJAC 7:27–34, ‘‘TBAC Emissions Thus, in reviewing SIP submissions, specified by Executive Order 13175 (65 Reporting,’’ consisting of TBAC’s EPA’s role is to approve state choices, FR 67249, November 9, 2000). recordkeeping, emissions reporting, provided that they meet the criteria of photochemical dispersion modeling, the Clean Air Act. Accordingly, this List of Subjects in 40 CFR Part 52 and inventory requirements, be removed action merely approves state law as Environmental protection, Air from the SIP. meeting Federal requirements and does pollution control, Incorporation by The EPA has already made the not impose additional requirements reference, Intergovernmental relations, determination that TBAC is ‘‘negligible beyond those imposed by state law. For Nitrogen dioxide, Ozone, Reporting and reactive’’ and therefore has low that reason, this action: recordkeeping requirements, and contribution to ozone as well as a low • Is not a significant regulatory action Volatile organic compounds. likelihood of risk to human health or the subject to review by the Office of Authority: 42 U.S.C. 7401 et seq. environment, and removed the Management and Budget under recordkeeping, emission reporting, Executive Orders 12866 (58 FR 51735, Dated: May 22, 2020. photochemical dispersion modeling, October 4, 1993) and 13563 (76 FR 3821, Peter Lopez, and inventory requirements for TBAC. January 21, 2011); Regional Administrator, Region 2. 69 FR 69298 (November 29, 2004), 81 • Is not an Executive Order 13771 (82 [FR Doc. 2020–11620 Filed 6–3–20; 8:45 am] FR 9339 (February 25, 2016). FR 9339, February 2, 2017) regulatory BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION or other information whose disclosure is hydrocarbons, nitrogen dioxide, AGENCY restricted by statute. Multimedia photochemical oxidant, sulfur dioxide submissions (e.g., audio or video) must and particulate matter.1 The NAAQS are 40 CFR Parts 52 and 81 be accompanied by a written comment. set at concentrations intended to protect [EPA–R09–OAR–2019–0609; FRL–10010– The written comment is considered the public health and welfare. Following 26–Region 9] official comment and should include promulgation of the NAAQS, under discussion of all points you wish to section 110 of the CAA, each state is Maintenance Plan and Redesignation make. The EPA will generally not required to adopt and submit a SIP to Request for the Ajo PM10 Planning consider comments or comment provide for the implementation, Area; Arizona contents located outside of the primary maintenance and enforcement of the submission (i.e., on the web, cloud, or NAAQS within such state. AGENCY: Environmental Protection other file sharing system). For The original NAAQS for particulate Agency (EPA). additional submission methods, please matter were defined in terms of a ACTION: Proposed rule. contact the person identified in the FOR reference method that called for SUMMARY: The Environmental Protection FURTHER INFORMATION CONTACT section. measuring particulate matter up to a Agency (EPA) is proposing to approve For the full EPA public comment policy, nominal size of 25 to 45 micrometers or the ‘‘Ajo PM10 Redesignation Request information about CBI or multimedia microns. This fraction of total ambient and Maintenance Plan (May 3, 2019)’’ submissions, and general guidance on particulate matter is referred to as ‘‘total (‘‘Ajo PM10 Maintenance Plan’’ or making effective comments, please visit suspended particulate’’ or TSP. In 1987, ‘‘Plan’’) as a revision to the state https://www.epa.gov/dockets/ the EPA revised the NAAQS for implementation plan (SIP) for the State commenting-epa-dockets. particulate matter, replacing TSP as the of Arizona. The Ajo PM10 Maintenance FOR FURTHER INFORMATION CONTACT: indicator for particulate matter for the Plan includes, among other elements, an Ashley Graham, EPA Region IX, (415) ambient standards with a new indicator emissions inventory consistent with 972–3877, [email protected]. that includes only the particles with an attainment, a maintenance SUPPLEMENTARY INFORMATION: aerodynamic diameter less than or equal 2 demonstration, contingency provisions, Throughout this document, the words to 10 microns in diameter (PM10). At and a demonstration that contributions ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to the EPA. that time, the EPA established two PM10 from motor vehicle emissions to PM10 in standards: Primary and secondary 24- the Ajo planning area are insignificant. Table of Contents hour standards of 150 micrograms per The EPA is also proposing to approve I. Background cubic meter (mg/m3) and primary and the State of Arizona’s request to A. The PM10 National Ambient Air Quality secondary annual standards of 50 mg/ redesignate the Ajo planning area from Standards m3.3 nonattainment to attainment for the B. The Ajo PM10 Planning Area In 2006, the EPA retained the 24-hour national ambient air quality standards II. Procedural Requirements for Adoption PM10 standards but revoked the annual (NAAQS or ‘‘standards’’) for particulate and Submittal of State Implementation standards.4 More recently, as part of the matter of ten microns or less (PM ). Plan Revisions EPA’s periodic review of the NAAQS, 10 III. Substantive Requirements for Lastly, the EPA is proposing to delete Redesignation the EPA reaffirmed the 24-hour PM10 5 the area designation for Ajo for the IV. Evaluation of the State’s Redesignation NAAQS. This proposed action relates revoked NAAQS for total suspended Request for the Ajo PM10 Nonattainment to the current 24-hour PM10 NAAQS particulate (TSP) because the Area and the revoked TSP NAAQS. designation is no longer necessary. The A. Determination That the Area Has PM10 contributes to effects that are EPA is proposing these actions because Attained the PM10 National Ambient Air harmful to human health and the the SIP revision meets the applicable Quality Standards environment, including premature requirements under the Clean Air Act B. The Area Must Have a Fully Approved mortality, aggravation of respiratory and (CAA or ‘‘Act’’) for maintenance plans State Implementation Plan Meeting the cardiovascular disease, decreased lung Requirements Applicable for Purposes of and because the State has met the Redesignation Under Section 110 and function, visibility impairment, and requirements under the Act for Part D of the Clean Air Act damage to vegetation and ecosystems. redesignation of a nonattainment area to C. The Area Must Show the Improvement Individuals particularly sensitive to attainment with respect to the Ajo in Air Quality Is Due to Permanent and exposure include older adults, people planning area. Enforceable Emission Reductions with heart and lung disease, and 6 DATES: Comments must be received on D. The Area Must Have a Fully Approved children. PM10 can be emitted directly or before July 6, 2020. Maintenance Plan Under Clean Air Act into the atmosphere as a solid or liquid Section 175A ADDRESSES: Submit your comments, particle (‘‘primary PM10’’ or ‘‘direct V. Proposed Deletion of the Total Suspended PM ’’) or can be formed in the identified by Docket ID No. EPA–R09– Particulate Designation for Ajo 10 OAR–2019–0609, at https:// A. General Considerations atmosphere (‘‘secondary PM10’’) as a www.regulations.gov, or via email to B. Deletion of Total Suspended Particulate result of various chemical reactions Ashley Graham, Air Planning Office at Nonattainment Area Designation for Ajo among precursor pollutants such as [email protected]. For comments VI. Proposed Action and Request for Public submitted at Regulations.gov, follow the Comment 1 36 FR 8186 (April 30, 1971). 2 online instructions for submitting VII. Statutory and Executive Order Reviews 52 FR 24634 (July 1, 1987). 3 For a given air pollutant, ‘‘primary’’ standards comments. Once submitted, comments I. Background are those determined by the EPA as requisite to cannot be removed or edited from protect public health. ‘‘Secondary’’ standards are Regulations.gov. For either manner of A. The PM10 National Ambient Air those determined by the EPA as requisite to protect submission, the EPA may publish any Quality Standards public welfare from any known or anticipated adverse effects associated with the presence of such comment received to its public docket. In 1971, pursuant to section 109 of the air pollutant in the ambient air. CAA section 109(b). Do not submit electronically any CAA, the EPA promulgated the original 4 71 FR 61144 (October 17, 2006). information you consider to be NAAQS for the criteria pollutants, 5 78 FR 3086 (January 15, 2013). Confidential Business Information (CBI) which included carbon monoxide, 6 Id. at 3088.

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nitrogen oxides (NOX), sulfur dioxide minimize windblown fugitive dust from delete the TSP nonattainment 14 (SO2), volatile organic compounds the inactive tailings impoundments, one designation for the Ajo Area. (VOC), and ammonia.7 of the significant sources of fugitive dust The Ajo PM10 Maintenance Plan in the area, Phelps Dodge covered (or includes chapters addressing the B. The Ajo PM10 Planning Area capped) more than 1,900 acres of the various criteria for redesignation under Under section 107 of the CAA, the tailings with crushed rock. The smelter CAA section 107(d)(3)(E); a chapter EPA is required to designate all areas of and copper ore concentrator structures containing the PM10 maintenance plan; the country as attainment, at the facility were effectively a chapter addressing transportation nonattainment, or unclassifiable for dismantled by the end of 1996. conformity; and three appendices that each of the NAAQS. In response to an In 2006, based on ambient monitoring document the emissions inventory area designation of nonattainment, data for 2002–2004, the EPA determined estimates relied upon by the states are required to adopt and submit that the Ajo PM10 nonattainment area maintenance plan, the compliance with 12 SIP revisions that, among other things, had attained the PM10 NAAQS. Based procedural and legal authority provide for attainment of the NAAQS on that determination, the EPA also requirements, and the process within such area. Once a nonattainment determined that certain CAA undertaken to adopt PCC Section area attains the NAAQS and meets requirements, including obligations to 17.16.125 (‘‘Inactive Mineral Tailings certain other prerequisites, the state may demonstrate reasonable further progress, Impoundment and Slag Storage Area request that the EPA redesignate the to provide an attainment demonstration, Within the Ajo PM10 Planning Area’’). area to attainment. For the Ajo planning and to provide contingency measures II. Procedural Requirements for area, the Arizona Department of pursuant to part D of the CAA, were not Adoption and Submittal of State Environmental Quality (ADEQ) has applicable for so long as the Ajo area Implementation Plan Revisions primary responsibility for air quality continues to attain the PM10 NAAQS. planning and has permitting jurisdiction With the closure of the mine and Section 110(l) of the CAA requires over certain types of sources, including smelter, and the capping of the inactive states to make SIP revisions available for smelting of metal ores.8 The Pima tailings impoundment, only one public review and comment and to hold County Department of Environmental significant source of fugitive dust, a slag a public hearing or provide the public Quality (PDEQ or ‘‘District’’) 9 has reprocessing facility, remained active in the opportunity to request a public primary permitting authority over most the Ajo planning area. In 2011 and 2013, hearing. The Act requires the plan be types of stationary sources within Pima the ADEQ’s Ajo PM10 monitoring site adopted by the state and submitted to County. The ADEQ worked recorded exceedances of the PM10 the EPA by the governor or his/her cooperatively with the District in NAAQS caused in part by high winds designee. To meet these procedural preparing the Ajo PM10 Maintenance that entrained fugitive dust from the requirements, every SIP submission Plan. slag reprocessing facility and other should include evidence that the state In 1979, we designated Township fugitive sources in the area. In 2015, the provided adequate public notice and an T12S, R6W (‘‘Ajo’’) in the northwestern slag reprocessing facility was opportunity for a public hearing portion of Pima County, Arizona as a demolished and a slag dust cap was consistent with the EPA’s implementing nonattainment area for the TSP applied on certain process areas. regulations in 40 CFR 51.102. NAAQS.10 At that time, the Phelps In 2019, the Pima County Board of In the ADEQ’s May 10, 2019 submittal Dodge Corporation copper mining, Supervisors adopted Pima County Code of the Ajo PM10 Maintenance Plan, the concentrating, and smelting facilities, (PCC) Section 17.16.125 (‘‘Inactive State verified that it had adhered to its collectively known as the Phelps Dodge Mineral Tailings Impoundment and Slag SIP adoption procedures in Appendix B, ‘‘New Cornelia Branch,’’ were the Storage Area within the Ajo PM10 which includes the notice of public principal sources of fugitive dust in the Planning Area’’) to provide for hearing, the agenda for the January 24, Ajo nonattainment area. The Ajo mine continued maintenance and 2019 public hearing, the sign-in sheet, ceased operation in 1984 and the enforcement of the measures already the public hearing officer certification smelter deactivated in April 1985. implemented to control windblown dust and transcript of the hearing, and the In 1987, the EPA replaced the TSP from the tailings impoundment and the State’s responsiveness summary. NAAQS with the PM10 NAAQS. Under slag storage area. On May 10, 2019, in Specifically, a notice of public hearing the CAA, as amended in 1990, the EPA light of renewed attainment of the PM10 was published in the Ajo Copper News designated the Ajo planning area as a NAAQS in the Ajo planning area and on December 25, 2018 and January 1, Moderate nonattainment area for the the adoption of PCC Section 17.16.125, 2019, and in the Arizona Daily Star on 11 December 26, 2018 and December 27, PM10 NAAQS. By the end of 1991, to the ADEQ submitted the Ajo PM10 Maintenance Plan to the EPA as a 2018, newspapers of general circulation 7 EPA, Air Quality Criteria for Particulate Matter, revision to the Arizona SIP and in the Ajo area. The notices announced No. EPA/600/P–99/002aF and EPA/600/P–99/ requested that the EPA redesignate the the availability of the Ajo PM10 002bF, October 2004. Ajo planning area from nonattainment Maintenance Plan at the ADEQ Record 8 Arizona Revised Statutes (ARS) § 49–402(A) and 13 to attainment for the PM10 NAAQS. Center in Phoenix, Arizona, on the (B). ADEQ’s website, and at the Salazar-Ajo 9 The Pima County Board of Supervisors is the The ADEQ also requested that the EPA governing body for the Pima County Air Quality branch of the Pima County Public Control District, which operates within the PDEQ. to Township T12S, R6W. Area designations within Library in Ajo, Arizona, and opened the 10 44 FR 21261 (April 10, 1979). The the State of Arizona are codified at 40 CFR 81.303. comment period for 30 days prior to the unincorporated town of Ajo, Arizona, is located Currently, the population within the Ajo planning public hearing. The public hearing was approximately 113 miles west northwest of Tucson, area is approximately 3,500 persons, and held on January 24, 2019. No comments and is located on the edge of a broad desert valley employment is mainly in the commercial, service, at an elevation of 1,750 feet, bordered by scattered and tourism sectors. Ajo PM10 Maintenance Plan, 8– on the Ajo PM10 Maintenance Plan were hills and low mountain ranges to the west and 9. south. 12 71 FR 6352 (February 8, 2006). 14 Letter dated May 8, 2019, from Timothy S. 11 56 FR 11101 (March 15, 1991). The Ajo 13 May 10, 2019 refers to the date on which the Franquist, Director, Air Quality Division, ADEQ, to planning area is somewhat larger than the Ajo TSP ADEQ submitted the Ajo PM10 Maintenance Plan Michael Stoker, Regional Administrator, EPA nonattainment area and includes sections 6–8, 17– electronically to the EPA. The ADEQ’s transmittal Region IX, submitting the SIP Revision ‘‘Ajo PM10 20 and 29–32 of Township T12S, R5W in addition letter to the EPA is dated May 8, 2019. Redesignation Request and Maintenance Plan.’’

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17 18 made during the public hearing, and no ‘‘General Preamble’’). Additional PM10 NAAQS. In 2006, the EPA written comments were received during guidance was issued on September 4, determined that the Ajo area had the public comment period. 1992, in a memorandum from John attained the PM10 standards based on Through the SIP transmittal letter Calcagni, Director, Air Quality ambient data from 2002–2004.19 This dated May 8, 2019, the ADEQ’s Director Management Division, EPA Office of Air proposed action updates this of the Air Quality Division adopted the Quality Planning and Standards, titled determination based on the most recent Ajo PM10 Maintenance Plan as a ‘‘Procedures for Processing Requests to available PM10 monitoring data. Redesignate Areas to Attainment’’ revision to the Arizona SIP. The Generally, the EPA determines (referred to herein as the ‘‘Calcagni Director of the ADEQ is authorized whether an area’s air quality is meeting under state law to adopt and submit memo’’), and a 1994 memorandum from the PM10 NAAQS based on the most SIPs and SIP revisions to the EPA, and Mary D. Nichols, titled ‘‘Part D New Source Review (part D NSR) recent complete, quality-assured, and the Director of the ADEQ has delegated certified data measured at established that authority to the Director of the Air Requirements for Areas Requesting Redesignation to Attainment’’ (‘‘Nichols state and local air monitoring stations Quality Division. Based on the (SLAMS) in the nonattainment area and documentation provided in the SIP memo’’). entered into the EPA Air Quality System submittal and summarized in this As noted above, approval of a (AQS) database. Data from air notice, we find that submittal of the Ajo maintenance plan is one of the CAA monitoring sites operated by state, local, PM10 Maintenance Plan as a revision to prerequisites for redesignation of a the Arizona SIP satisfies the procedural nonattainment area to attainment. or tribal agencies in compliance with requirements of section 110(l) of the Act Section 175A of the CAA provides the EPA monitoring requirements must be and of 40 CFR 51.102.15 general framework for maintenance submitted to AQS. These monitoring plans. The initial 10-year maintenance agencies annually certify that these data III. Substantive Requirements for plan must provide for maintenance of are accurate to the best of their Redesignation the NAAQS for at least 10 years after knowledge. Accordingly, the EPA relies The CAA establishes the requirements redesignation, including any additional primarily on data in AQS when for redesignation of a nonattainment control measures necessary to ensure determining the attainment status of an 20 area to attainment. Specifically, section such maintenance. In addition, area. All valid data are reviewed to 107(d)(3)(E) allows for redesignation maintenance plans are to contain determine the area’s air quality status in provided that the following criteria are contingency provisions necessary to accordance with 40 CFR part 50, met: (1) The EPA determines that the assure the prompt correction of a appendix K. area has attained the applicable violation of the NAAQS that occurs after The PM10 NAAQS is attained when NAAQS; (2) the EPA has fully approved redesignation. The contingency the expected number of days per the applicable implementation plan for provisions must include, at a minimum, calendar year with a 24-hour the area under CAA section 110(k); (3) a requirement that the state will concentration in excess of the standard the EPA determines that the implement all control measures (referred to herein as an improvement in air quality is due to contained in the nonattainment SIP ‘‘exceedance’’),21 averaged over a three- permanent and enforceable reductions prior to redesignation. Maintenance year period, is less than or equal to one. in emissions; (4) the EPA has fully plan submittals are SIP revisions, and as The expected number of exceedances approved a maintenance plan for the such, the EPA is obligated under CAA averaged over a three-year period at any section 110(k) to approve them or area as meeting the requirements of given monitor is known as the PM10 disapprove them depending upon CAA section 175A; and (5) the state has design value. The PM10 design value for met all requirements applicable to the whether they meet the applicable CAA the area is the highest design value area under section 110 and part D of the requirements for such plans. within the nonattainment area.22 CAA. Section 110 identifies a For the reasons set forth in section IV Generally, for purposes of redesignation, comprehensive list of elements that SIPs of this document, we propose to the most recent three consecutive years must include, and part D establishes the approve the Ajo PM10 Maintenance Plan

SIP requirements for nonattainment and to approve the ADEQ’s request for 18 The annual PM10 standards were revoked areas. Part D is divided into six redesignation of the Ajo nonattainment effective December 18, 2006 (71 FR 61144, October subparts. The generally applicable area to attainment for the PM10 NAAQS 17, 2006). Thus, this document discusses only nonattainment SIP requirements are based on our conclusion that all of the attainment of the 24-hour PM10 standards. 19 found in subpart 1 of part D, and the criteria under CAA section 107(d)(3)(E) 71 FR 6352 (February 8, 2006). particulate matter-specific SIP 20 40 CFR 50.6; 40 CFR part 50, appendix J; 40 have been satisfied. CFR part 53; and 40 CFR part 58, appendices A, C, requirements are found in subpart 4 of IV. Evaluation of the State’s D, and E. part D. 21 An exceedance is defined as a daily value that Redesignation Request for the Ajo PM10 The EPA provided guidance on is above the level of the 24-hour standard (i.e., 150 Nonattainment Area mg/m3) after rounding to the nearest 10 mg/m3 (i.e., redesignations in a document titled values ending in 5 or greater are to be rounded up). ‘‘State Implementation Plans; General A. Determination That the Area Has Thus, a recorded value of 154 mg/m3 would not be Preamble for the Implementation of Attained the PM10 National Ambient Air an exceedance since it would be rounded to 150 mg/ Title I of the Clean Air Act Amendments Quality Standards m3 whereas a recorded value of 155 mg/m3 would be an exceedance since it would be rounded to 160 of 1990,’’ published in the Federal mg/m3. 40 CFR part 50, appendix K, section 1.0. 16 Section 107(d)(3)(E)(i) of the CAA Register on April 16, 1992, and 22 requires that for an area to be 40 CFR 50.6 and 40 CFR part 50, appendix K. supplemented on April 28, 1992 The comparison with the allowable expected redesignated to attainment, the EPA (collectively referred to herein as the exceedance rate of one per year is made in terms must determine that the area has of a number rounded to the nearest tenth (fractional attained the relevant NAAQS. In this values equal to or greater than 0.05 are to be 15 On November 10, 2019, the Ajo PM10 case, the relevant NAAQS is the 24-hour rounded up; e.g., an exceedance rate of 1.05 would Maintenance Plan was deemed complete by be rounded to 1.1, which is the lowest rate for operation of law under CAA section 110(k)(1)(B). nonattainment). 40 CFR part 50, appendix K, 16 57 FR 13498. 17 57 FR 18070. section 2.1(b).

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23 of complete air quality data are The ADEQ operates one PM10 SLAMS making comparisons with the PM10 necessary to show attainment of the monitoring site, Ajo (AQS ID: 04–019– NAAQS. The EPA’s evaluation of PM10 NAAQS. 0001), within the Ajo PM10 whether the Ajo PM10 nonattainment nonattainment area. The monitor is area has attained the PM10 NAAQS is The ADEQ operates the PM10 monitoring network in the Ajo area. The located at the Arizona Department of based on our review of the monitoring ADEQ submits annual monitoring Transportation (ADOT) maintenance data and takes into account the yard (see Figure 1–1 in the Ajo PM adequacy of the PM monitoring network plans to the EPA. These 10 10 Maintenance Plan) and was sited to network in the nonattainment area and network plans describe the monitoring monitor the effects of the former copper the reliability of the data collected by network operated by the ADEQ within smelter and mine tailings. SLAMS the network as discussed earlier in this the Ajo nonattainment area and discuss produce data comparable to the section of this proposal. the status of the air monitoring network, NAAQS, and therefore the monitor must Table 1 shows the highest measured as required under 40 CFR 58.10. The be an approved Federal Reference PM10 concentrations and number of EPA regularly reviews these annual Method, Federal Equivalent Method expected exceedances at the Ajo plans for compliance with the (FEM), or Approved Regional Method. monitoring site during the most recent applicable reporting requirements in 40 The Ajo monitor measures hourly PM10 three-year period (2017–2019). One CFR part 58. With respect to PM10, the concentrations on a daily, year-round exceedance of the PM10 NAAQS was EPA has found that the area’s network basis using a method that has been recorded in 2018 at the Ajo monitor.27 plans meet the applicable reporting designated as an FEM by the EPA. However, the resulting 24-hour design requirements under 40 CFR part 58, Consistent with the requirements value for the 2017–2019 period is less appendix D.24 The EPA also concluded contained in 40 CFR part 50, the EPA than 1.0 at the Ajo monitor. Therefore, from its 2018 Technical Systems Audit has reviewed the quality-assured and we find that, based on complete, that the ADEQ’s ambient air monitoring certified PM10 ambient air monitoring quality-assured, and certified data for program is robust and meets or exceeds data collected at the Ajo monitoring site, 2017–2019, the Ajo PM10 nonattainment 25 EPA requirements. The ADEQ as recorded in AQS, for the applicable area has attained the PM10 NAAQS. annually certifies that the data it monitoring period. We have determined Preliminary data available in AQS for submits to AQS are complete and that the data are of sufficient 2020 indicate that the area continues to 26 quality-assured. completeness for the purposes of attain the PM10 NAAQS.

TABLE 1—AJO MONITORED PM10 CONCENTRATIONS, EXPECTED EXCEEDANCES, AND DESIGN VALUE

Maximum 24-hour Expected PM10 average concentration exceedances design Monitoring site name (AQS ID) (μg/m3) (calendar year) value 2017 2018 2019 2017 2018 2019 2017–2019

Ajo (04–019–0001) ...... 109 164 65 0 1.1 0 0.4 Source: EPA AQS Design Value Report and Quicklook Report, accessed May 6, 2020.

B. The Area Must Have a Fully we are proposing to approve a part D reasonable public notice and hearing; Approved State Implementation Plan element as part of this action—the provisions for establishment and Meeting the Requirements Applicable emissions inventory under CAA section operation of appropriate procedures for Purposes of Redesignation Under 172(c)(3). With full approval of this needed to monitor ambient air quality; Section 110 and Part D of the Clean Air element, the Ajo planning area portion implementation of a source permitting Act of the Arizona SIP will be fully program; provisions for the approved under CAA section 110(k) for implementation of part C requirements Sections 107(d)(3)(E)(ii) and (v) of the the purposes of redesignation of the area for prevention of significant CAA require the EPA to determine that to attainment. deterioration (PSD); provisions for the the area has a fully approved applicable 1. Basic State Implementation Plan implementation of part D requirements SIP under CAA section 110(k) that Requirements Under Section 110 for nonattainment new source review meets all applicable requirements under permit programs; provisions for air section 110 and part D for the purposes a. Clean Air Act Section 110(a) pollution modeling; and provisions for of redesignation. The EPA may rely on Requirements public and local agency participation in prior SIP approvals in approving a The general SIP elements and planning and emission control rule redesignation request 28 as well as any requirements set forth in CAA section development. additional measure or element it may 110(a)(2) include, but are not limited to, We note that SIPs must be fully approve in conjunction with a the following: Submittal of a SIP that approved only with respect to redesignation action.29 In this instance, has been adopted by the state after applicable requirements for purposes of

23 25 27 For PM10, a complete year of air quality data Letter dated April 25, 2019, from Elizabeth One exceedance was recorded in 2018; includes all four calendar quarters with each Adams, Director, Air Division, EPA Region IX, to however, the number of expected exceedances for quarter containing a minimum of 75 percent of the Timothy Franquist, Director, Air Quality Division, 2018 is 1.1 due to an adjustment applied to the scheduled PM10 sampling days. 40 CFR part 50, ADEQ. data. 40 CFR part 50 Appendix K. Appendix K, section 2.3(a). 28 26 For example, see letter dated April 13, 2020, Calcagni Memo, 3; Wall v. EPA, F.3d 426 (6th 24 Cir. 2001); and Southwest Pennsylvania Growth For example, see letter dated November 8, from Daniel Czecholinski, Director, Air Quality 2019, from Gwen Yoshimura, Manager, Air Quality Alliance v. Browner, 114 F.3d 984, 989–990 (6th Division, ADEQ, to Gwen Yoshimura, Manager, Air Analysis Office, EPA Region IX, to Daniel Cir. 1998). Quality Analysis Office, EPA Region IX, Subject: Czecholinski, Acting Director, Air Quality Division, 29 68 FR 25418, 25426 (May 12, 2003) and ADEQ. ‘‘Certification of 2019 Ambient Air Data.’’ citations within.

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redesignation in accordance with CAA their CAA obligations.31 There are no the Pima County jurisdiction was section 107(d)(3)(E)(ii). The CAA outstanding or disapproved applicable removed from the FIP.37 As a result, the section 110(a)(2) (and part D) SIP submittals that prevent current FIP only applies to Pima County requirements that are linked to a redesignation of the Ajo PM10 sources under the ADEQ’s jurisdiction. particular nonattainment area’s nonattainment area for the PM10 There are no process sources under designation and classification are the standards.32 Therefore, we propose to ADEQ jurisdiction currently operating relevant measures to evaluate in conclude that the ADEQ and the PDEQ within the Ajo PM10 nonattainment reviewing a redesignation request. have met all SIP requirements for the area. Therefore, the EPA finds that the Requirements that apply regardless of Ajo planning area that are applicable for FIP at 40 CFR 52.126 does not apply to the designation of any particular area of purposes of redesignation under section any sources in the Ajo area and does not a state are not applicable requirements 110 of the CAA. preclude redesignation of the area to attainment. As discussed in more detail for the purposes of redesignation, and b. Federal Implementation Plan at 40 in section IV.B.2.b of this document, the state will remain subject to these CFR 52.126 requirements after the nonattainment upon redesignation to attainment, any In 1972, the EPA determined that area is redesignated to attainment. new major sources with significant PM10 Arizona’s SIP ‘‘does not provide for the emissions as defined under 40 CFR For example, CAA section attainment and maintenance of the 51.166 proposing to locate within the 110(a)(2)(D) requires that SIPs contain national standards for particulate Ajo planning area will be subject to the certain measures to prevent sources in matter’’ in the Phoenix-Tucson requirements in the EPA’s PSD a state from significantly contributing to Intrastate Air Quality Control Region regulation at 40 CFR 52.21 unless the air quality problems in another state; (AQCR), which includes Pima County.33 new source is subject to the ADEQ’s these SIPs are often referred to as The following year, the EPA jurisdiction in which case the new ‘‘transport SIPs.’’ Because the section promulgated a particulate matter federal source will be subject to the ADEQ’s 110(a)(2)(D) requirements for transport implementation plan (FIP), based on a SIP-approved PSD permitting program SIPs are not linked to a particular finding that the SIP ‘‘was not adequate requirements. nonattainment area’s designation and to attain the primary standards for classification, but rather apply particulate matter’’ in the Phoenix- 2. State Implementation Plan regardless of the area’s attainment Tucson Intrastate AQCR.34 We Requirements Under Part D status, these are not applicable explained that the emissions inventory Subparts 1 and 4 of part D, title I of requirements for the purposes of ‘‘indicated that the problem is the result the CAA contain air quality planning redesignation under CAA section of emissions from stationary source[s] requirements for PM10 nonattainment 107(d)(3)(E). (mainly process sources) and fugitive areas. Subpart 1 contains general Similarly, the EPA considers other dust sources’’, and concluded that requirements for all nonattainment areas section 110(a)(2) (and part D) ‘‘control of both these source categories of any pollutant governed by a NAAQS, including PM . The subpart 1 requirements that are not linked to is necessary to attain the national 10 35 requirements include, in relevant part, nonattainment plan submissions or to particulate matter standards.’’ provisions for implementation of an area’s attainment status as not Accordingly, we promulgated reasonably available control measures applicable requirements for purposes of ‘‘substitute regulations for process (RACM), a demonstration of reasonable redesignation. The EPA considers the sources equivalent to reasonable further progress (RFP), emissions section 110 (and part D) requirements available control technology.’’ These regulations were put in place as a inventories, a program for that relate to a particular nonattainment preconstruction review and permitting area’s designation and classification as replacement for Arizona, Maricopa County, and Pima County rules. of new or modified major stationary the relevant measures to evaluate in sources, contingency measures, and reviewing a redesignation request. This In 1974, Pima County adopted new regulations for process industries under transportation conformity. is consistent with the EPA’s existing Subpart 4 contains specific planning policy on applicability of the conformity its jurisdiction and ADEQ submitted and scheduling requirements for PM10 SIP requirement for redesignations.30 them to the EPA. These new regulations incorporated the federal emission rates nonattainment areas. The requirements On numerous occasions, the ADEQ promulgated in the FIP. The EPA set forth in CAA section 189(a), (c), and and the PDEQ have submitted, and the proposed to approve the rules on (e) apply specifically to Moderate PM10 EPA has approved, provisions August 21, 1975.36 Upon final approval, nonattainment areas and include the addressing the basic CAA section 110 following: An approved permit program provisions. The Arizona SIP contains 31 For example, see the EPA’s final actions for construction of new or modified enforceable emission limitations; approving provisions of the Arizona SIP addressing major stationary sources; provisions for requires monitoring, compiling, and section 110 elements under the 1997 and 2006 RACM; an attainment demonstration; PM2.5 NAAQS (77 FR 66398) and the 2008 lead and quantitative milestones demonstrating analyzing of ambient air quality data; 2008 ozone NAAQS (80 FR 47859). requires preconstruction review of new 32 On June 30, 2017, Arizona submitted a SIP RFP toward attainment by the or modified stationary sources; provides revision to meet the requirements under section 110 applicable attainment date; and for adequate funding, staff, and of the CAA for the 1987 PM10 NAAQS. The provisions to ensure that the control associated resources necessary to requirements of section 110(a)(2), however, are requirements applicable to major statewide requirements that are not linked to the implement its requirements; and stationary sources of PM10 also apply to 1987 PM10 NAAQS nonattainment status of the Ajo provides the necessary assurances that area. Therefore, the EPA concludes that these major stationary sources of PM10 the State maintains responsibility for infrastructure requirements are not applicable precursors, except where the ensuring that the CAA requirements are requirements for purposes of review of the State’s Administrator has determined that such redesignation request. sources do not contribute significantly satisfied in the event that local or 33 37 FR 10842, 10849 (May 31, 1972). regional agencies are unable to meet 34 38 FR 12702 (May 14, 1973), codified at 40 CFR to PM10 levels that exceed the NAAQS 52.126. in the area. 30 75 FR 36023, 36026 (June 24, 2010) and 35 Id. at 12703. citations within. 36 40 FR 36577, 36578. 37 42 FR 46926 (September 19, 1977).

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As noted in section I.B of this than 25 years ago, and it represents the as the lowest achievable emission rate document, the EPA determined in 2006 Agency’s interpretation of what (LAER)), and that increases in emissions that the Ajo PM10 nonattainment area constitutes applicable requirements from such stationary sources are offset attained the PM10 NAAQS based on under section 107(d)(3)(E). The courts so as to provide for RFP towards 2002–2004 data. In accordance with the have recognized the scope of the EPA’s attainment in the nonattainment area. EPA’s Clean Data Policy, we determined authority to interpret ‘‘applicable The major source threshold for that the following requirements do not requirements’’ in the redesignation Moderate PM10 nonattainment areas is 41 43 apply to the Ajo PM10 nonattainment context. 100 tons per year of PM10. area for so long as the area continues to The remaining applicable Part D The process for reviewing permit attain the PM10 standards or until the requirements for Moderate PM10 areas applications and issuing permits for area is redesignated to attainment: an include the following: (1) An emissions new or modified stationary sources of attainment demonstration under CAA inventory under section 172(c)(3); (2) a air pollution is referred to as new source section 189(a)(1)(B); RACM provisions permit program for the construction and review (NSR). With respect to under sections 172(c) and 189(a)(1)(C); operation of new and modified major nonattainment pollutants in RFP provisions under section 189(c)(1); stationary sources of PM10 under nonattainment areas, this process is and contingency measures under sections 172(c)(5) and 189(a)(1)(A); (3) referred to as nonattainment NSR section 172(c)(9).38 control requirements for major (NNSR). Areas that are designated as Moreover, in the context of evaluating stationary sources of PM10 precursors attainment or unclassifiable for one or the area’s eligibility for redesignation, under section 189(e), except where the more NAAQS are required to submit SIP there is a separate and additional Administrator determines that such revisions that ensure that major new justification for finding that sources do not contribute significantly stationary sources or major requirements associated with attainment to PM10 levels that exceed the standards modifications of existing stationary are not applicable for purposes of in the area; (4) requirements under sources meet the federal requirements redesignation. Prior to and section 172(c)(7) that meet the for PSD, including application of best independently of the Clean Data Policy, applicable provisions of section available control technology for each and specifically in the context of 110(a)(2); and (5) provisions to ensure applicable pollutant emitted in redesignations, the EPA has interpreted that federally supported or funded significant amounts, among other CAA SIP submittal requirements projects conform to the air quality requirements.44 associated with attainment of the planning goals in the applicable SIP The ADEQ and the PDEQ share air NAAQS (such as attainment and RFP under section 176(c). We discuss each of permitting responsibilities in Pima demonstrations) as not being applicable these requirements below. County. ADEQ has an EPA-approved NNSR program for PM .45 With respect for purposes of redesignation.39 The a. Emissions Inventory 10 Calcagni memo similarly provides that to sources subject to PDEQ’s Section 172(c)(3) of the CAA requires requirements for RFP and other jurisdiction, EPA-approved regulations states to submit a comprehensive, measures needed for attainment will not include rules for the review of accurate, current inventory of relevant apply for redesignations because they applications for new or modified PM pollutants for the baseline year have meaning and applicability only 10 stationary sources. The EPA has not from all sources within the where areas do not meet the NAAQS.40 approved PDEQ regulations specifically nonattainment area. We interpret the With respect to contingency measures, meeting the NNSR requirements of CAA Act such that the emissions inventory the EPA explained that the section sections 172(c)(5) and 189(a)(1)(A). requirement of section 172(c)(3) may be However, the EPA interprets section 172(c)(9) contingency measure satisfied by the inventory included in 107(d)(3)(E)(v) of the CAA such that requirements are directed at ensuring the maintenance plan.42 In section final approval of an NNSR program is RFP and attainment by the applicable IV.D.1 of this document, we are not a prerequisite to approving a state’s date, and that consequently, these proposing to approve the 2018 redesignation request. The EPA has requirements no longer apply when an attainment inventory submitted as part determined in past redesignations that area has attained the standards and is of the Ajo PM10 Maintenance Plan as an NNSR program does not have to be eligible for redesignation. Furthermore, satisfying the emissions inventory approved prior to redesignation CAA section 175A(d) provides for requirement under section 172(c)(3) for provided that the area demonstrates specific requirements for maintenance the Ajo planning area for the PM10 maintenance of the standards without plan contingency provisions that NAAQS. part D NNSR requirements in effect.46 effectively supersede the requirements The demonstration of maintenance of b. Permits for New and Modified Major of section 172(c)(9) for these areas. the PM NAAQS in the Ajo PM Stationary Sources 10 10 Thus, the requirements associated Maintenance Plan relies on projections with attainment do not apply for CAA sections 172(c)(5) and purposes of evaluating whether an area 189(a)(1)(A) require that states submit 43 CAA section 302(j). that has attained the standards qualifies SIP revisions that establish certain 44 PSD requirements control the growth of new for redesignation. The EPA has requirements for new or modified major source emissions in areas designated as attainment enunciated this position since the stationary sources in nonattainment or unclassifiable for a NAAQS. General Preamble was published more 45 80 FR 67319 (November 2, 2015); 83 FR 19631 areas, including provisions to ensure (May 4, 2018). that major new sources or major 46 See, generally, the Nichols memo; see also, the 38 For other rulemaking actions applying the modifications of existing sources of more detailed explanations in the following Clean Data Policy in the context of PM10, see 77 FR nonattainment pollutants incorporate redesignation rulemakings: Detroit, Michigan (60 31268, May 25, 2012 (Paul Spur/Douglas, Arizona); the highest level of control (referred to FR 12467–12468, March 7, 1996); Cleveland-Akron- 76 FR 10817, February 28, 2011 (Truckee Meadows, Lorrain, Ohio (61 FR 20458, 20469–20470, May 7, Nevada); 75 FR 13710, March 23, 2010 (Coso 1996); Louisville, Kentucky (66 FR 53665, 53669, Junction, California); 73 FR 22307, April 25, 2008 41 The Seventh Circuit in Sierra Club v. EPA, 375 October 23, 2001); Grand Rapids, Michigan (61 FR (San Joaquin Valley, California). See also 40 CFR F.3d 537 (7th Cir. 2004) (upholding the EPA’s 31831, 31836–31837, June 21, 1996); and San 51.1015. redesignation of the St. Louis metropolitan area to Joaquin Valley, California (73 FR 22307, 22313, 39 General Preamble, 13564. attainment) is one such example. April 25, 2008 and 73 FR 66759, 66766–66767, 40 Calcagni memo, 6. 42 General Preamble, 13498, 13564. November 12, 2008).

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of future emissions based on various emission reduction measures aimed at applicable for purposes of this growth factors. For the types of that precursor. This approach was redesignation. stationary sources that are subject to upheld in Association of Irritated PDEQ jurisdiction, future emissions are Residents v. EPA, 423 F.3d 989 (9th Cir. e. General and Transportation projected based on employment growth 2005). A state may develop its Conformity Requirements projections and do not take credit for attainment plan and adopt RACM that Under section 176(c) of the CAA, future control technology requirements, target only those precursors that are states are required to revise their SIPs to such as LAER, or for imposition of necessary to control for purposes of establish criteria and procedures to emissions offsets.47 Thus, we find that timely attainment. ensure that federally supported or the maintenance demonstration for the Therefore, because the requirement of funded projects in nonattainment areas Ajo planning area does not rely on an section 189(e) is primarily actionable in and former nonattainment areas subject NNSR program, and that the area need the context of addressing precursors in to a maintenance plan (referred to as not have a fully-approved NNSR an attainment plan, a precursor ‘‘maintenance areas’’) conform to the air program prior to approval of the PM10 exemption analysis under section 189(e) redesignation request for the area. and the EPA’s implementing regulations quality planning goals in the applicable If we finalize the redesignation action is not an applicable requirement that SIP. Section 176(c) further provides that as proposed herein, the requirements of needs to be fully approved in the state conformity provisions must be the PSD program will apply with context of a redesignation under CAA consistent with federal conformity respect to PM10 (PSD already applies section 107(d)(3)(E)(ii). As discussed regulations that the CAA requires the with respect to the other pollutants in earlier in this document, for areas that EPA to promulgate. The EPA’s the Ajo planning area). are attaining the standards, the EPA conformity regulations are codified at 40 The ADEQ has an EPA-approved PSD does not interpret attainment planning CFR part 93, subpart A (referred to program under 40 CFR 51.166,48 except requirements of subpart 1 and subpart 4 herein as ‘‘transportation conformity’’) for greenhouse gases (GHGs),49 and the to be applicable requirements for the and subpart B (referred to herein as EPA has delegated the PDEQ authority purposes of redesignating the area to ‘‘general conformity’’). Transportation to administer the federal PSD program attainment. conformity applies to transportation under 40 CFR 52.21.50 These programs As previously noted, the EPA plans, programs, and projects will apply to PM emissions from new 10 determined in 2006 that the Ajo PM10 developed, funded, and approved under major sources and major modifications nonattainment area had attained the title 23 U.S.C. or the Federal Transit upon redesignation of the area to PM10 NAAQS. Therefore, no additional Act, and general conformity applies to attainment. Thus, new major sources controls of any pollutant, including any all other federally-supported or funded with significant PM emissions and 10 PM10 precursor, are necessary to bring projects. SIP revisions intended to major modifications of major PM 10 the area into attainment. In section IV.A address the conformity requirements are sources, as defined under 40 CFR 51.166 of this document, we find that the area and 52.21, will be required to obtain a referred to herein as ‘‘conformity SIPs.’’ continues to attain the NAAQS. In In 2005, Congress amended section PSD permit. section IV.C, the EPA is proposing to We conclude that the Arizona SIP 176(c) of the CAA. Under the amended determine that the Ajo PM10 adequately meets the requirements of conformity statutory provisions, states nonattainment area has attained the are no longer required to submit section 172(c)(5) and 189(a)(1)(A) for standards due to permanent and conformity SIPs for general conformity, purposes of redesignation of the Ajo enforceable emission reductions. and the conformity SIP requirements for planning area. Further, as set forth in section IV.D.2, we find that the Ajo PM Maintenance transportation conformity have been c. Control Requirements for PM10 10 reduced to include only those relating to Precursors Plan demonstrates continued consultation, enforcement, and maintenance of the PM10 standards Section 189(e) of the CAA provides 51 through 2031. Finally, the Ajo PM enforceability. that control requirements for major 10 Maintenance Plan demonstrates that We have not approved a stationary sources of direct PM10 also historic violations of the PM10 NAAQS transportation conformity SIP for the apply to PM precursors from those 10 were the direct result of operations at Ajo planning area. However, we sources, except where the EPA facilities that are no longer in operation, consider it reasonable to interpret the determines that major stationary sources there are no major sources of PM of such precursors do not contribute 10 conformity SIP requirements as not precursors in the Ajo PM significantly to PM 10 applying for purposes of a redesignation 10 levels that exceed nonattainment area, and emissions of the standards in the area. The CAA does request under section 107(d) because PM precursors from other sources are not explicitly address whether it would 10 the conformity SIP requirement sufficiently low that they are be appropriate to include a potential continues to apply post-redesignation insignificant contributors to secondary exemption from precursor controls for (because conformity applies in particle formation in the Ajo PM all source categories under certain 10 maintenance areas as well as nonattainment area. Taken together, circumstances. In implementing subpart nonattainment areas) and because the these factors support our conclusion 4, the EPA permitted states to determine federal conformity rules (set forth in 40 that PM precursors are adequately that a precursor was ‘‘insignificant’’ 10 CFR part 93, subpart A and subpart B) controlled. where the state could show in its apply where state rules have not been attainment plan that it would d. Compliance With Section 110(a)(2) approved.52 expeditiously attain without adoption of Section 172(c)(7) requires the SIP to meet the applicable provisions of 47 Ajo PM Maintenance Plan, Appendix A. 10 section 110(a)(2). As described in 48 83 FR 19631 (May 4, 2018). 51 CAA section 176(c)(4)(E). 49 The ADEQ administers the requirements for section IV.B.1 of this document, we 52 See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), GHGs under a delegation agreement with the EPA. conclude that the Arizona SIP meets the upholding this interpretation. See also, 60 FR 62748 50 40 CFR 52.144. requirements of section 110(a)(2) (December 7, 1995).

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C. The Area Must Show the Supervisors adopted PCC Section exceedances of the PM10 NAAQS, which Improvement in Air Quality Is Due to 17.16.125 (‘‘Inactive Mineral Tailings occurred in the late 1980’s, prior to the Permanent and Enforceable Emission Impoundment and Slag Storage Area capping of the tailings impoundments Reductions within the Ajo PM10 Planning Area’’) to in 1991; and in 2011 and 2013, prior to To approve a redesignation to provide for continued maintenance and the closure and stabilization of the slag attainment, section 107(d)(3)(E)(iii) of enforcement of the measures already reprocessing facility in 2015. implemented to control windblown dust the CAA requires the EPA to determine Thus, we find that the improvement from the tailings impoundment and the that the improvement in air quality is slag storage area. in air quality in the Ajo PM10 due to emission reductions that are Emissions from active operations of nonattainment area is the result of permanent and enforceable, and that the the mine, smelter, and slag reprocessing permanent and enforceable emission improvement results from the facility ceased with the closure of those reductions from a combination of (1) implementation of the applicable SIP, facilities, and closure has been made facility closures and termination of applicable federal air pollution control permanent and enforceable by permits, and (2) control measures regulations, and other permanent and termination of the facilities permits. approved by the EPA as part of the enforceable regulations. Under this PCC Section 17.16.125 ensures that the Arizona SIP. Therefore, we propose to criterion, a state must be able to measures already implemented to find that the criterion for redesignation reasonably attribute the improvement in control windblown dust from the set forth at CAA section 107(d)(3)(E)(iii) air quality to permanent and enforceable tailings impoundment and slag storage is satisfied. emission reductions. Attainment area are permanent and enforceable. In resulting from temporary reductions in a separate rulemaking, we have D. The Area Must Have a Fully emission rates (e.g., reduced production proposed to approve PCC Section Approved Maintenance Plan Under or shutdown due to temporary adverse 17.16.125 as a revision to the Arizona Clean Air Act Section 175A economic conditions) or unusually SIP.55 We will take final action on PCC favorable meteorology would not qualify Section 107(d)(3)(E)(iv) of the CAA Section 17.16.125 prior to or concurrent requires that, to approve a redesignation as an air quality improvement due to with final action on the redesignation to attainment, the EPA must fully permanent and enforceable emission request for the Ajo planning area for the 53 approve a maintenance plan for the area reductions. PM NAAQS. If we take final action to 10 as meeting the requirements of section The Ajo PM10 Maintenance Plan approve PCC Section 17.16.125 as part addresses the redesignation criterion in of the Arizona SIP, the requirements 175A of the Act. Section 175A of the section 107(d)(3)(E)(iii) by presenting a contained therein will become CAA sets forth the required elements of detailed overview of the sources of PM10 permanent and enforceable for the a maintenance plan for areas seeking emissions in the planning area, the purposes of CAA section redesignation from nonattainment to emission control measures that have 107(d)(3)(E)(iii). Continued attainment. Under CAA section 175A, been implemented, the emission implementation of the measures made the plan must demonstrate continued reductions associated with those permanent and enforceable through PCC attainment of the applicable NAAQS for measures, and an evaluation of the Section 17.16.125 will help to ensure at least 10 years after the EPA approves sequence of facility closures and that the Ajo planning area maintains the a redesignation to attainment. Eight implementation of control measures PM10 NAAQS. years after redesignation, a state must relative to changes in ambient PM10 A sense of the effectiveness of the submit a revised maintenance plan that concentrations measured in the control measures to reduce PM10 demonstrates continued attainment for planning area since 1987.54 In short, the emissions can be gained by comparing the subsequent 10-year period following principal sources of PM10 emissions in emissions and monitored air quality the initial 10-year maintenance period. the Ajo planning area were the concentrations prior to and following To address the possibility of future operations and facilities associated with the capping of the tailings NAAQS violations, the maintenance the Ajo New Cornelia mine and smelter, impoundment in 1991 and prior to and plan must contain such contingency and the slag reprocessing facility located following the stabilization of the slag provisions as the EPA deems necessary adjacent to the Ajo tailings piles. processing area in 2015. Capping of the to promptly correct any violation of the Phelps Dodge ceased operations at the tailings impoundments led to a 90 NAAQS that occurs after redesignation Ajo New Cornelia mine in 1984 and percent reduction of windblown of the area. The Calcagni memo deactivated the smelter in 1985. In 1991, emissions from that source that has provides further guidance on the Phelps Dodge arranged for the capping persisted through the present day.56 content of a maintenance plan, of the Ajo New Cornelia tailings Similarly, stabilization of the slag explaining that a maintenance plan impoundment with 2–4’’ diameter processing and storage area led to a should include an attainment emissions crushed rock. In 1996, the smelter and reduction in emissions from that source inventory, maintenance demonstration, copper ore concentrator structures were of approximately 99 percent.57 monitoring and verification of effectively dismantled and the ADEQ With respect to the connection continued attainment, and a terminated the facility’s permit. With between the emission reductions and contingency plan. Based on our review respect to the slag reprocessing facility, the improvement in air quality, we also and evaluation of the Plan, as discussed the operator closed the facility in 2015, conclude that the air quality below, we are proposing to approve the and PDEQ terminated the facility’s improvement in the Ajo PM10 Ajo PM10 Maintenance Plan as meeting permit in 2016. Stabilization of the slag nonattainment area is not the result of the requirements of CAA section 175A. reprocessing worksite, including a local economic downturn or unusual application of a slag dust cap on select or extreme weather patterns. Our 1. Attainment Inventory process areas, was completed in 2015. conclusion is based on the timing of the In 2019, the Pima County Board of A maintenance plan for the PM10 55 85 FR 25379 (May 1, 2020). NAAQS should include an inventory of 53 56 Calcagni memo, 4. Ajo PM10 Maintenance Plan, Table 4–1. direct PM10 emissions in the area to 54 57 Ajo PM10 Maintenance Plan, Chapter 4. Id. at 27, Table 4–2. identify a level of emissions sufficient to

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58 attain the PM10 NAAQS. The plan. The ADEQ selected 2016 for the relatively low emissions in 2014 from inventory should be consistent with the attainment year inventory, which is other sources of these precursors in the EPA’s most recent guidance on consistent with this time period. nonattainment area, that sources of emissions inventories for nonattainment Emissions are also provided for a 2011 NOX, SO2, VOC, and ammonia are areas available at the time and should pre-base year and 2014 base year for insignificant contributors to secondary represent emissions during the time informational purposes. particle formation in the Ajo PM10 period associated with the monitoring The emissions inventories in the Ajo 63 nonattainment area. Therefore, NOX, data showing attainment. The inventory PM10 Maintenance Plan include SO , VOC, and ammonia emissions are estimates from all relevant source 2 must also be comprehensive, including not included in the PM emissions emissions from stationary point sources, categories, which the Plan divides 10 inventories in the Ajo PM area sources, and mobile sources, and among point, nonpoint, windblown, and 10 Maintenance Plan. The Plan notes that must be based on actual emissions mobile.61 The ADEQ developed the during the appropriate season, if emissions inventories based on the there are no major sources of applicable.59 EPA’s National Emissions Inventory condensable PM in the area, so The specific PM10 emissions (NEI) and the ADEQ’s internal point condensable PM is not reported in the inventory requirements are set forth in source database. The year 2014 was emissions inventory.64 Air Emissions Reporting Rule (40 CFR selected as the base year because the Table 2 presents a summary of actual part 51, subpart A), which requires that 2014 NEIv1 was the most current, PM10 emissions estimates for the 2014 emissions inventories report filterable accurate, and comprehensive inventory base year, and projected emissions for and condensable components, as available when the Plan was being the 2016 attainment year, for sources in applicable.60 The EPA has provided developed. The 2016 inventory has been the Ajo PM10 nonattainment area. Based additional guidance for developing projected from the 2014 inventory. The on the estimates for the year 2016 in PM10 emissions inventories in ‘‘PM10 Plan includes a description of facility Table 2, windblown dust accounts for Emissions Inventory Requirements,’’ types, emitting equipment, permitted approximately 95 percent of total PM EPA–454/R–94–033 (September 1994) emission limits, operating rates, and 10 emissions in the Ajo nonattainment and ‘‘Emissions Inventory Guidance for emission calculation methods. area. A majority of windblown Implementation of Ozone and The Ajo PM10 Maintenance Plan Particulate Matter National Ambient Air includes inventories for total primary emissions are from open areas, vacant land, and inactive properties previously Quality Standards (NAAQS) and PM10 for 2011, 2014, 2016, 2021, 2026, Regional Haze Regulations’’ (July 2017) and 2031, and for NOX, SO2, VOC, and associated with mining and smelting 62 (‘‘EPA 2017 EI Guidance’’). ammonia as PM10 precursors for 2014. activities. Dust associated with The Ajo PM10 Maintenance Plan’s Appendix A to the Ajo PM10 construction and unpaved roads are the demonstration that the area attained the Maintenance Plan contains additional next largest source categories; together, standards is based on monitoring data details on each of the emissions they account for approximately four from 2015–2017, the three most recent inventories. The ADEQ determined, percent of total PM10 emissions in the years with complete air quality data based on the fact that there are no major Ajo nonattainment area. As discussed prior to adoption and submittal of the sources of NOX, SO2, VOC, or ammonia earlier, there are no major PM10 point redesignation request and maintenance in the nonattainment area and the sources in the Ajo nonattainment area.

TABLE 2—2014 AND 2016 PM10 EMISSIONS IN THE AJO PM10 NONATTAINMENT AREA [Tons per year]

Category Source 2014 2016

Point ...... Point sources ...... 51.86 0.41 Nonpoint ...... Agriculture—Crops and livestock dust ...... 0.11 0.11 Commercial cooking ...... 0.98 0.98 Dust—Construction dust ...... 42.80 43.05 Dust—Paved road dust ...... 4.58 4.60 Dust—Unpaved road dust ...... 28.20 28.37 Fires ...... 0.00 0.00 Fuel combustion ...... 3.71 3.73 Industrial processes ...... 0.58 0.58 Miscellaneous non-industrial NEC ...... 0.17 0.17 Solvent—Industrial surface coating and solvent use ...... 0.00 0.00 Waste Disposal ...... 4.20 4.22 Windblown ...... Dust—Windblown ...... 1,592.73 1,592.73 Mobile ...... Mobile—Aircraft ...... 0.00 0.00 Mobile—Locomotives ...... 0.00 0.00 Mobile—Non-road equipment ...... 1.09 1.09 Mobile—On-road ...... 0.29 0.30

58 62 PM10 precursor emissions should also be to demonstrate maintenance of the NAAQS. While Id., Table 6–1, and Appendix A Tables A–14 included depending upon the contribution of not required, the Ajo PM10 Maintenance Plan through A–18. secondarily-formed particulate matter to high includes an inventory of PM10 precursor emissions 63 Id., Appendix A, section A5.1. ambient PM10 concentrations in the area. In this in appendix A (‘‘Ajo PM10 Emission Inventory 64 Id. Because approximately 95 percent of the Technical Support Document’’). instance, an inventory of PM10 precursor emissions Ajo PM10 emissions inventory is crustal material 59 is not required because PM10 precursor controls CAA section 172(c)(3). (which does not include condensable particulate were not relied upon to achieve attainment of the 60 40 CFR 51.15(a)(1)(vii). matter), we find that not including the condensable 61 PM10 NAAQS in the Ajo planning area (see section Ajo PM10 Maintenance plan, section 6.1 and fraction of PM10 in the PM10 inventories for the Ajo IV.B.2.c of this document) nor are they relied upon Appendix A. PM10 Maintenance Plan is acceptable.

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TABLE 2—2014 AND 2016 PM10 EMISSIONS IN THE AJO PM10 NONATTAINMENT AREA—Continued [Tons per year]

Category Source 2014 2016

Total ...... 1,731.29 1,680.35

Source: Ajo PM10 Maintenance Plan, Tables 6–1 and 6–2.

Based on our review of the emissions 2. Maintenance Demonstration 2031 by comparing the 2014 base year inventories in the Ajo PM10 and 2016 attainment year inventories to Maintenance Plan, including the Section 175A(a) of the CAA requires projected emissions for 2021 (assumed supporting information in Appendix A, that the maintenance plan ‘‘provide for first year of the maintenance period), the maintenance of the national primary we find that the inventory for year 2016 2026 (interim year), and 2031 (end of ambient air quality standard for such air is comprehensive, that the methods and the maintenance period).67 Using the pollutant in the area concerned for at assumptions used by the ADEQ to 2014 emissions inventory as a baseline least 10 years after the redesignation.’’ A develop the inventories are reasonable, and growth factors described in and that the 2016 inventory reasonably state may generally demonstrate maintenance of the NAAQS by either appendix A of the Plan (see section A5), estimates actual PM10 emissions in that the ADEQ projected emissions year. Therefore, we are proposing to showing that future emissions of a pollutant or its precursors will not inventories for 2021, 2026, and 2031. approve the 2016 emissions inventory These projections were based primarily as satisfying the requirements of section exceed the level of the attainment on Arizona’s forecasts of population and 172(c)(3) of the CAA. We also find that inventory, or by conducting modeling on the EPA on-road emissions model the 2016 emissions inventory is that shows that the future mix of appropriate for use as the attainment sources and emission rates will not (i.e., MOVES2014a). Table 3 cause a violation of the NAAQS.66 summarizes the ADEQ’s 2016 inventory for the Ajo PM10 Maintenance attainment year PM10 emissions and Plan because the year 2016 is within the The Ajo PM10 Maintenance Plan 2015–2017 period during which the area demonstrates that the Ajo planning area projected PM10 emission levels for 2021, 65 was attaining the PM10 standards. will maintain the PM10 NAAQS though 2026, and 2031.

TABLE 3—ATTAINMENT YEAR (2016) AND PROJECTED (2021, 2026, AND 2031) PM10 EMISSIONS IN THE AJO PM10 NONATTAINMENT AREA [Tons per year]

Category 2014 2016 2021 2026 2031

Point a ...... 51.86 0.41 0.41 0.41 0.41 Nonpoint ...... 85.33 85.82 91.17 95.98 100.56 Windblown ...... 1,592.73 1,592.73 1,592.73 1,592.73 1,592.73 Mobile b ...... 1.38 1.39 1.42 1.50 1.56

Total ...... 1,731.29 1,680.35 1,685.73 1,690.61 1,695.26 a Includes activity-based emissions only. Windblown emissions from point sources are included in the windblown category. b Re-entrained dust from paved and unpaved roads is included in the emissions estimates for nonpoint sources. Source: Ajo PM10 Maintenance Plan, Table 6–3.

Despite expected growth in the area, standards. The Plan’s rollback modeling nearby area. The ADEQ’s procedure the maintenance plan’s projected PM10 assumes that PM10 concentrations scale assumes that the entire PM10 emissions in Ajo through 2031 are linearly with PM10 emissions by scaling concentration scales up with local within one percent of the 2016 the 2017 design concentration by the emissions, whereas in reality the attainment year inventory emissions percentage increase in the emissions background portion would not scale up. and are lower than emissions in 2014, inventory over the maintenance period. The result is a conservatively high a year in which there were no recorded The Ajo PM10 Maintenance Plan finds projection for future concentrations. exceedances of the PM10 NAAQS. The that the projected design concentrations Based on our review, we find that the decrease in PM10 emissions between for the Ajo planning area over the methods, growth factors, and 2014 and 2016 reflects the closure and maintenance period are less than 70 assumptions used by the ADEQ to stabilization of slag processing activities percent of the NAAQS, within a margin project emissions to 2021, 2026, and in the Ajo PM10 nonattainment area. of safety of the PM10 standards. 2031 levels are reasonable. Given that Given the slight increase in PM10 Normally in a rollback modeling the projections (summarized in Table 3) emissions over the 10-year maintenance approach, some portion of the observed show future emissions through 2031 are period, the Ajo PM10 Maintenance Plan concentration is assumed to be within one percent of those in 2016 and uses a simple rollback modeling ‘‘background’’ and therefore not affected below those in 2014 (both of which approach to further support its by emissions from local sources. The reflect attainment conditions), we find conclusion that the Ajo planning area background can be estimated by that the projections provide an adequate will continue to maintain the PM10 concentrations from a relatively pristine basis to demonstrate maintenance of the

65 66 67 EPA 2018 p.m.10 Design Value Report, ‘‘pm10_ Calcagni memo, 9–11. Ajo PM10 Maintenance Plan, section 6.2, and designvalues_20162018_final_07_19_19.xlsx.’’ Appendix A, section A6.

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PM10 standards within the Ajo planning assumptions used to develop the quality problems in the Ajo planning area through 2031. We further find that attainment and projected inventories to area. The contingency provisions are the State’s rollback modeling provides determine whether significant changes included in section 6.5 of the Plan. additional support that the area will have occurred. The ADEQ’s review will Upon a monitored violation of the PM10 continue to maintain the standards be conducted for the 2026 interim NAAQS at the ADEQ’s Ajo PM10 through the end of the 10-year projection year and may include the monitoring site, the ADEQ commits to maintenance period. following elements: permit applications the following steps: Section 175A requires that and source reports, population data, maintenance plans provide for agricultural activity information, 1. Within 60 days of the NAAQS maintenance of the relevant NAAQS in wildfire/prescribed burning data, and violation trigger, the ADEQ will begin the area for at least 10 years after motor vehicle activity data.70 In the analyzing the cause(s) of the redesignation. If this redesignation Plan, the ADEQ also identifies the legal exceedance. The analysis will include becomes effective in 2020, the projected authority under which the ADEQ and review and validation of ambient air 2031 inventory demonstrates that the the PDEQ collect the information quality and meteorological data, Ajo area will maintain the PM10 NAAQS necessary for the ADEQ to conduct the evaluation to determine if the violation for more than 10 years beyond comprehensive review of the factors and qualifies as an exceptional event per redesignation. Moreover, the projected assumptions used to develop the EPA’s Exceptional Event Rule (EER),71 emissions inventories for 2021 and attainment and projected emissions and assessment of emissions sources 2026, i.e., milestone years between the inventories. We find that the ADEQ’s contributing to elevated PM10 levels. attainment inventory and the commitment to verify continued maintenance plan horizon year, attainment of the NAAQS through a 2. If the exceedance qualifies as an sufficiently demonstrate that the Ajo comprehensive review of the factors and exceptional event, the ADEQ will planning area will maintain the assumptions used to develop the prepare and submit to the EPA an standards throughout the period from emissions inventories in the Ajo PM10 exceptional event demonstration. If, redesignation through 2031. Thus, we Maintenance Plan is acceptable. during their evaluation, the ADEQ determines that new measures are conclude that the Ajo PM10 4. Contingency Provisions Maintenance Plan adequately needed to satisfy the requirements of the demonstrates maintenance of the Section 175A(d) of the CAA requires exceptional events rule, the ADEQ will standards through 2031. that maintenance plans contain adopt and implement new measures contingency provisions, as the EPA that are permanent and enforceable and 3. Verification of Continued Attainment deems necessary, to promptly correct meet the ‘‘reasonable’’ level of control Once an area has been redesignated, any violations of the NAAQS that occur described in the EER. the state should continue to operate an after redesignation of the area. Such 3. If the exceedance does not qualify appropriate air quality monitoring provisions must include a requirement network, in accordance with 40 CFR that the state will implement all as an exceptional event, the ADEQ will part 58, to verify the attainment status measures with respect to the control of determine which source(s) contributed of the area.68 Data collected by the the air pollutant concerned that were to the exceedance, identify existing monitoring network are also needed to contained in the SIP for the area before control measures for the source(s), implement the contingency provisions redesignation of the area as an verify source(s) compliance with of the maintenance plan. attainment area. These contingency existing measures, and if necessary, As discussed in section IV.A of this provisions are distinguished from develop, adopt and implement new proposal, PM10 is currently monitored contingency measures required for permanent and enforceable measures or by the ADEQ within the Ajo PM10 nonattainment areas under CAA section strengthen existing measures. nonattainment area. In section 6.3 of the 172(c)(9) in that they are not required to Under the contingency plan, if new Ajo PM10 Maintenance Plan, the ADEQ be fully-adopted measures that will take measures are needed, the adoption effect without further action by the state commits to continue operating a PM10 process will begin within 12 months, for the maintenance plan to be air quality monitoring network in the and final adoption will be completed approved. However, the contingency Ajo planning area and to consult with within 18 months, of the triggering EPA regarding any potential changes to provisions of a maintenance plan are event (i.e., a monitored violation of the the network. We find that the Ajo PM10 considered to be an enforceable part of PM10 NAAQS at the Ajo monitoring Maintenance Plan contains adequate the SIP and should ensure that site). The ADEQ would require provisions for continued ambient PM10 contingency measures are adopted monitoring to verify continued expeditiously once they are triggered by compliance with new measures within attainment through the maintenance a specified event. The maintenance plan six months of final adoption. period. should clearly identify the measures to The Ajo PM10 Maintenance Plan The EPA also recommends that the be adopted, include a schedule and includes a list of contingency measures, state verify continued attainment procedure for adoption and focusing on the principal source through methods in addition to the implementation of the measures, and categories contributing to PM10 ambient air monitoring program, e.g., contain a specific timeline for action by emissions in the area, that may be through periodic review of the factors the state. In addition, the state should considered for implementation in the used in development of the attainment identify the specific indicators or event the contingency plan is inventory to show no significant triggers that will be used to determine triggered.72 Table 4 presents the ADEQ’s 69 change. In the Ajo PM10 Maintenance when the contingency measures need to potential PM contingency measures be implemented. 10 Plan, the ADEQ commits to perform a for the Ajo planning area. comprehensive review of the factors and The ADEQ has adopted a contingency plan to address possible future PM10 air 68 Calcagni memo, 11. 71 81 FR 68216 (October 3, 2016). 69 70 72 Id. Ajo PM10 Maintenance Plan, 45–46. Ajo PM10 Maintenance Plan, 48.

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TABLE 4—AJO PM10 MAINTENANCE PLAN CONTINGENCY MEASURES

Emissions category Potential contingency measure

Paved Roads ...... Increase stabilization of unpaved shoulders. Increase stabilization of access points from unpaved roads. Unpaved Roads ...... Increase stabilization of unpaved roads and shoulders. Post speed limits to decrease vehicle speeds. Restrict access to decrease average daily trips and vehicle miles traveled. Unpaved Parking ...... Pave or stabilize unpaved parking areas. Disturbed Open Areas and Lots ...... Stabilize disturbed open areas. Restrict access to minimize disturbance. Material Handling and Storage ...... Review/revise dust control measures for material handling and storage. Construction ...... Review/revise dust control measures for construction activities.

Source: Ajo PM10 Maintenance Plan, Table 6–5.

Upon review of the contingency plan are less than or equal to the motor (1) the current state of air quality as summarized above, we find that the vehicle emissions budgets (‘‘budgets’’) determined by monitoring data for that ADEQ has established a contingency contained in all control strategy SIPs NAAQS; (2) the absence of SIP motor plan for the Ajo planning area that and maintenance plans.73 vehicle control measures; (3) historical clearly identifies specific contingency These control strategy SIPs and trends and future projections of the measures, contains tracking and maintenance plans typically set budgets growth of motor vehicle emissions; and triggering mechanisms to determine for criteria pollutants and/or their (4) the percentage of motor vehicle when contingency measures are needed, precursors to address pollution from emissions in the context of the total SIP contains a description of the process of cars and trucks. Budgets are generally inventory. The EPA’s rationale for recommending and implementing established for specific years and providing for insignificance contingency measures, and contains specific pollutants or precursors and determinations is described in the July specific timelines for action. Thus, we must reflect the motor vehicle control 1, 2004, revisions to the Transportation conclude that the contingency measures contained in the RFP plan and Conformity Rule.76 Specifically, the provisions of the Ajo PM10 Maintenance the attainment or maintenance rationale is explained on page 40061 Plan are adequate to ensure prompt demonstration. Under the under the subsection entitled ‘‘XXIII. B. correction of a violation and to satisfy Transportation Conformity Rule, Areas With Insignificant Motor Vehicle the requirements of the CAA section budgets must be established for the last Emissions.’’ 175A(d). year of the maintenance plan for direct In chapter 7 of the Ajo PM10 PM10 and PM10 precursors subject to Maintenance Plan, the ADEQ included 5. Transportation Conformity and Motor transportation conformity analyses.74 a demonstration that on-road emissions Vehicle Emissions Budgets For motor vehicle emissions budgets to of direct PM10 are insignificant for Section 176(c) of the CAA requires be approvable, they must meet, at a conformity purposes, and therefore the federal actions in nonattainment and minimum, the EPA’s adequacy State did not submit any budgets. The 75 maintenance areas to conform to the criteria. EPA is proposing to approve the SIP’s goals of eliminating or reducing The Transportation Conformity Rule ADEQ’s insignificance demonstration the severity and number of violations of allows areas to forgo establishment of for the on-road motor vehicle the NAAQS and achieving expeditious budgets where the EPA finds through contribution of PM10 to overall PM10 attainment of the standards. Conformity the adequacy or approval process that a emissions in the maintenance plan. to the SIP’s goals means that such control strategy SIP or maintenance plan The information provided by the demonstrates that the regional motor ADEQ to the EPA as part of the Ajo actions will not: (1) Cause or contribute vehicle emissions for a particular PM Maintenance Plan addresses each to violations of the NAAQS, (2) worsen 10 pollutant or precursor are an of the factors listed in 40 CFR 93.109(f), the severity of an existing violation, or insignificant contributor to the air and is summarized below. PM (3) delay timely attainment of any 10 quality problem in the area. The criteria concentrations for the area have been NAAQS or any interim milestone. for insignificance determinations can be decreasing over the past several years.77 Actions involving Federal Highway found in 40 CFR 93.109(f). In order for Furthermore, transportation-related Administration (FHWA) or Federal a pollutant or precursor to be emissions in 2031 are projected to Transit Administration (FTA) funding considered insignificant, the SIP would account for less than three percent of or approval are subject to the EPA’s have to demonstrate that it would be total direct PM10 emissions from all transportation conformity rule, codified unreasonable to expect that such an area sources in the Ajo planning area. Our at 40 CFR part 93, subpart A. Under this would experience enough motor vehicle detailed evaluation and conclusions are rule, metropolitan planning emissions growth in that pollutant/ as follows: organizations in nonattainment and precursor for a NAAQS violation to maintenance areas coordinate with state occur. Insignificance determinations are (1) The Ajo Planning Area Is Attaining and local air quality and transportation based on a number of factors, including the PM10 NAAQS agencies, the EPA, FHWA, and FTA to The Ajo PM10 Maintenance Plan demonstrate that an area’s regional 73 Control strategy SIPs refer to RFP and demonstrates that the area was attaining transportation plans and transportation attainment demonstration SIPs. 40 CFR 93.101. the PM10 standards during the 2015– improvement programs conform to the 74 Section 93.102(b)(2)(iii) of the conformity rule 2017 period upon which the Plan is applicable SIP. This demonstration is identifies VOC and NOX as PM10 precursor pollutants that are presumed insignificant unless based. Furthermore, as discussed in typically done by showing that the SIP makes a finding that the precursor is estimated emissions from existing and significant. 76 69 FR 40004. 75 77 planned highway and transit systems 40 CFR 93.118(e)(4). Ajo PM10 Maintenance Plan, Figure 4–1.

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section IV.A of this proposal, data from fugitive dust control measures the 2016 attainment year, emissions of the most recent three-year period (2017– applicable to the Ajo mine tailings and PM10 from on-road motor vehicles 2019), as well as preliminary 2020 data, slag storage areas. The Ajo portion of the contributed only 1.98 percent of the Ajo indicate that area continues to attain the Arizona SIP does not rely on the control total PM10 emissions inventory. At the PM10 standards. of on-road emissions to demonstrate end of the 10-year maintenance period attainment or maintenance of the PM (2) Motor Vehicle Control Measures 10 (2031), motor vehicle PM10 emissions NAAQS. Were Not Adopted for the Purpose of are projected to contribute just 2.30 Bringing the Area Into Attainment (3) The Percentage of Motor Vehicle percent. As discussed in more detail in section Emissions in the Context of the Total IV.C of this document, the control SIP Inventory Is Low measures relied upon in the Ajo PM10 As shown in Table 5, the percentage Maintenance Plan to bring the area into contribution of motor vehicle emissions attainment are primarily associated with to total emissions for PM10 is small. In

TABLE 5—TRANSPORTATION-RELATED EMISSIONS IN THE AJO PM10 NONATTAINMENT AREA [Tons per year]

Emission sector 2014 2016 2021 2026 2031

On-road mobile ...... 0.29 0.30 0.26 0.27 0.28 Re-entrained dust...... 32.78 32.97 35.03 36.88 38.63 Road construction ...... 0 0 0 0 0 Total—Mobile ...... 33.07 33.27 35.29 37.15 38.91 Total—All ...... 1,731.29 1,680.35 1,685.37 1,690.61 1,695.26 Percent—Mobile ...... 1.91% 1.98% 2.09% 2.20% 2.30%

Source: Ajo PM10 Maintenance Plan, Tables 6–3 and 7–1.

(4) Historical Trends and Future from the ADOT shows that vehicle emissions to the PM10 air quality Projections Indicate Motor Vehicle PM10 miles traveled has not increased problem in the Ajo nonattainment area Emissions Will Continue To Be a Small substantially over the past decade, and are insignificant. Fraction of Total Emissions emissions from mobile sources are If the EPA’s insignificance finding is projected to remain approximately finalized, the Pima Association of Finally, historical trends and future constant and less than 2.5 percent of Governments would no longer be projections of the growth of motor total PM10 emissions in Ajo through required to perform regional emissions vehicle PM10 emissions in the Ajo area 2031, as shown in Table 5. analyses for PM10 as part of future PM10 suggest that motor vehicle-related PM10 In summary, given the small conformity determinations for the PM10 emissions are not likely to increase and population, historically declining or NAAQS for the Ajo planning area. The therefore, are not likely to cause or modest population growth, and EPA’s insignificance finding should, contribute to a future violation of the historical and projected traffic however, be noted in the transportation PM10 standards. The Ajo PM10 planning information, motor vehicle emissions conformity documentation that is area is geographically small and has a are not expected to increase in the Ajo prepared for this area. Areas with relatively low population with very area to the point where a violation of the insignificant regional motor vehicle modest projected population growth PM10 NAAQS would occur. 78 emissions for a pollutant or precursor through 2031. According to the US As part of our review of the ADEQ’s are still required to make a conformity Census Bureau, the population in Ajo insignificance demonstration, we determination that satisfies other peaked at approximately 7,000 in the announced receipt of the Ajo PM10 relevant conformity requirements such 1960s, declining to approximately 3,300 Maintenance Plan and posted an as financial constraint, timely in 2010. The State attributes the announcement of availability on the implementation of transportation reduction to waning mining activities EPA Office of Transportation and Air control measures, and project level and the shutdown of the Ajo copper Quality’s transportation conformity conformity. smelter in 1985. Since that time, the Ajo website.80 We requested public area has experienced little growth comments by June 24, 2019. We did not V. Proposed Deletion of the Total compared to other parts of Pima County. receive any comments. Suspended Particulate Designation for The population is projected to increase After evaluating the information Ajo 17 percent between 2016 and 2031, to provided by the ADEQ and weighing the A. General Considerations approximately 3,900 inhabitants. factors for the insignificance The main traffic corridor through Ajo determination outlined in 40 CFR In section I.B of this document, we is State Route 85, which connects the 93.109(f), the EPA is proposing to find noted that the ADEQ included in its transmittal letter for the Ajo PM10 Mexican border area with Interstate 8. that the Ajo PM10 Maintenance Plan Maintenance Plan a request to the EPA While traffic between the U.S. and adequately demonstrates that the PM10 Mexico passes through Ajo along this contributions from motor vehicle to delete the TSP nonattainment corridor, it is less than the traffic along designation for the Ajo planning area. the two major border crossings in the available at https://explore.dot.gov/t/BTS/views/ Consistent with section 107(d)(4)(B) of Yuma and Nogales areas.79 Traffic data BTSBorderCrossingAnnualData/BorderCrossing the CAA, we have considered the TableDashboard?:embed=y&:showShareOptions= continued necessity for retaining the true&:display_count=no&:showVizHome=no. 78 Ajo TSP area designation, and as Ajo PM10 Maintenance Plan, section 1.6.3. 80 https://www.epa.gov/state-and-local- 79 US Department of Transportation, Bureau of transportation/adequacy-review-state- discussed below, we have determined Transportation Statistics, 2018 border crossing data, implementation-plan-sip-submissions-conformity. that the TSP designation for Ajo is no

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longer necessary. As a result, we are maintenance of the PM10 NAAQS as items listed above, we find that none are proposing to delete the designation from well as protection of the PM10 contingent upon continuation of the the TSP table in 40 CFR 81.303. increments (as applies in areas TSP nonattainment designation and To evaluate whether the TSP area designated attainment or unclassifiable). thus deletion of the TSP designation designation should be retained or can be would not automatically relax any B. Deletion of Total Suspended deleted, we have relied upon the final standard. Particulate Nonattainment Area rule implementing the PM NAAQS,81 In summary, because upon 10 Designation for Ajo a policy memorandum on TSP redesignation the PSD PM10 increments redesignations,82 and our proposed and With respect to protection of the PM10 will apply in the Ajo planning area and final rules establishing maximum increments, the TSP nonattainment because deletion of the TSP allowable increases in concentrations designations are no longer necessary in nonattainment designation for Ajo (also known as ‘‘increments’’) for Ajo because the EPA’s PSD pre- would not automatically relax any 83 PM10. construction permit program emission limitations or control Based on the above references, we promulgated at 40 CFR 52.21 applies to measures in the Arizona SIP, we find consider the relevant considerations for those sources under the PDEQ’s that the TSP nonattainment designation evaluating the necessity of retaining the jurisdiction under a delegation is no longer necessary and can be TSP area designations to depend upon agreement with the EPA.86 We recognize deleted. Based on the above discussion the status of a given area with respect that the ADEQ retains jurisdiction over and evaluation, we are therefore to TSP and PM10. For areas that are certain types of sources in Pima County proposing to delete the TSP nonattainment for TSP but attainment but note that we have approved the nonattainment area designation for Ajo ADEQ’s NSR regulations as satisfying for PM10, we generally find that the TSP from the ‘‘Arizona-TSP’’ table in 40 CFR designations are no longer necessary the related PSD requirements. 81.303. and can be deleted when the EPA (1) To ensure that deletion of the TSP nonattainment designation for Ajo VI. Proposed Action and Request for approves a state’s revised PSD program Public Comment containing the PM increments, (2) would not result in any automatic 10 relaxations in SIP emission limitations, Under CAA section 110(k)(3), and for promulgates the PM10 increments into a state’s SIP where the state chooses not control measures, or programs that the reasons set forth above, the EPA is

to adopt the increments on its own, or would interfere with attainment, RFP, or proposing to approve the Ajo PM10 (3) approves a state’s request for maintenance of the NAAQS (including Maintenance Plan submitted by the delegation of PSD responsibility under PM10) or any other requirement of the ADEQ on May 10, 2019, as a revision to the Arizona SIP. In so doing, we are 40 CFR 52.21(u).84 Act, we reviewed the following portions For areas that are nonattainment for of the Pima County portion of the proposing to approve the attainment TSP and nonattainment for PM , an Arizona SIP: inventory as meeting the requirements 10 • Pima County air pollution control additional consideration is whether of CAA section 172(c)(3), the regulations: Chapter III (‘‘Universal maintenance demonstration and deletion of the TSP designation would Control Standards’’), particularly, contingency provisions as meeting all of automatically relax any emission Regulation 31 (‘‘Design or Work Practice the applicable requirements for limitations, control measures, or Control Standards’’)—Rule 315 (‘‘Roads maintenance plans and related programs approved into the SIP. If such and Streets’’), Rule 316 (‘‘Particulate contingency provisions in CAA section a relaxation would occur automatically Materials’’), and Rule 318 (‘‘Vacant Lots 175A, and the demonstration that the with deletion of the TSP area and Open Spaces’’); Regulation 32 PM10 contributions from motor vehicle designation, then we will not delete the (‘‘Emissions-Discharge Opacity Limiting emissions to the PM10 problem in the designation until we are satisfied that Standards’’)—Rule 321 (‘‘Standards and Ajo planning area are insignificant. the resulting SIP relaxation would not Applicability’’); Regulation 34 In addition, under CAA section interfere with any applicable (‘‘Ambient-Air Standard’’)—Rule 343 107(d)(3)(D), we are proposing to requirement concerning attainment, (‘‘Visibility Limiting Standard’’); approve ADEQ’s request to redesignate RFP, or maintenance of the NAAQS or Regulation 37 (‘‘Nonattainment/ the Ajo planning area from any other requirement of the CAA in the Attainment Areas’’)—Rule 372 (‘‘Ajo nonattainment to attainment for the affected areas.85 Area’’); and Regulation 38 PM10 NAAQS. We are doing so based on In the case of the Ajo planning area, our conclusion that the area has met, or we believe that the considerations for (‘‘Nonattainment-Area Standard’’). • Pima County air pollution control will meet as part of this action, all the both types of areas described above are regulations: Chapter IV (‘‘Performance criteria for redesignation under CAA relevant because although Ajo is Standards for New Major Sources’’), section 107(d)(3)(E). More specifically, nonattainment for PM , we are 10 particularly, Regulation 41 we propose to find the following: That proposing to redesignate the area to (‘‘Designation of Attainment/ the Ajo planning area has attained the attainment for PM10 in this action. Thus, Nonattainment Areas’’)—Rule 412 (‘‘Ajo PM10 NAAQS based on the most recent we must take into account both the Area’’) and Regulation 42 (‘‘Standards three-year period (2017–2019) of potential for relaxation that would be for Nonattainment Areas’’)—Rule 422 quality-assured, certified, and complete inconsistent with continued (‘‘TSP Clean-Air Plan’’). PM10 data; that relevant portions of the We have focused our review on the Arizona SIP are, or will be as part of this 81 52 FR 24634 (July 1, 1987). Pima County portion of the Arizona SIP, action, fully approved; that the 82 Memorandum dated May 20, 1992, from Joseph improvement in air quality is due to W. Paisie, Acting Chief, SO2/Particulate Matter rather than on state rules in the SIP, Programs Branch, EPA Office of Air Quality because essentially all the types of permanent and enforceable reductions Planning and Standards, to Chief, Air Branch, stationary and area sources that remain in emissions; that Arizona has met all Regions I–X, entitled ‘‘TSP Redesignation Request.’’ in the Ajo planning area fall under the requirements applicable to the Ajo 83 See the proposed rule at 54 FR 41218 (October 5, 1989), and the final rule at 58 FR 31622 (June PDEQ’s rather than the ADEQ’s planning area with respect to section 3, 1993). jurisdiction. Based on our review of the 110 and part D of the CAA if we finalize 84 58 FR 31622, 31635 (June 3, 1993). our approval of the attainment 85 CAA section 110(l). 86 40 CFR 52.144. inventory in the Ajo PM10 Maintenance

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Plan, as proposed herein; and that the • Do not contain any unfunded Dated: May 27, 2020. Ajo planning area will have a fully mandate or significantly or uniquely John Busterud, approved maintenance plan meeting the affect small governments, as described Regional Administrator, Region IX. requirements of CAA section 175A if we in the Unfunded Mandates Reform Act [FR Doc. 2020–11930 Filed 6–3–20; 8:45 am] finalize our approval of it, also as of 1995 (Pub. L. 104–4); BILLING CODE 6560–50–P proposed herein. • Do not have Federalism Lastly, the EPA is proposing to delete implications as specified in Executive the area designation for Ajo for the Order 13132 (64 FR 43255, August 10, ENVIRONMENTAL PROTECTION revoked NAAQS for TSP because the 1999); AGENCY designation is no longer necessary. • We are soliciting comments on these Are not an economically significant 40 CFR Part 282 proposed actions. We will accept regulatory action based on health or safety risks subject to Executive Order [EPA–R06–UST–2018–0702; FRL–10008– comments from the public for 30 days 90–Region 6] following publication of this proposal in 13045 (62 FR 19885, April 23, 1997); • the Federal Register and will consider Are not a significant regulatory Louisiana: Final Approval of State any relevant comments before taking action subject to Executive Order 13211 Underground Storage Tank Program final action. (66 FR 28355, May 22, 2001); Revisions and Incorporation by • VII. Statutory and Executive Order Are not subject to requirements of Reference Reviews section 12(d) of the National Technology Transfer and Advancement AGENCY: Environmental Protection Under the CAA, redesignation of an Act of 1995 (15 U.S.C. 272 note) because Agency (EPA). area to attainment and the application of those requirements would ACTION: Proposed rule. accompanying approval of a be inconsistent with the CAA; and maintenance plan under section SUMMARY: Pursuant to the Resource • Do not provide the EPA with the 107(d)(3)(E) are actions that affect the Conservation and Recovery Act (RCRA discretionary authority to address status of a geographic area and do not or Act), the Environmental Protection disproportionate human health or impose any additional regulatory Agency (EPA) is proposing to approve environmental effects with practicable, requirements on sources beyond those revisions to the State of Louisiana appropriate, and legally permissible imposed by state law. Redesignation to Underground Storage Tank (UST) methods, under Executive Order 12898 attainment does not in and of itself program submitted by the State. This (59 FR 7629, February 16, 1994). create any new requirements, but rather, action is based on EPA’s determination results in the applicability of In addition, there are no areas of that these revisions satisfy all requirements contained in the CAA for Indian country within the Ajo planning requirements needed for program areas that have been redesignated to area, and the state plan for which the approval. This action also proposes to attainment. Moreover, the Administrator EPA is proposing approval does not codify EPA’s approval of Louisiana’s is required to approve a SIP submission apply on any Indian reservation land or State program and to incorporate by that complies with the provisions of the in any other area where the EPA or an reference those provisions of the State Act and applicable federal regulations. Indian tribe has demonstrated that a regulations that we have determined 42 U.S.C. 7410(k); 40 CFR 52.02(a). tribe has jurisdiction. In those areas of meet the requirements for approval. The Thus, in reviewing SIP submissions, the Indian country, this proposed action provisions will be subject to EPA’s EPA’s role is to approve state choices, does not have tribal implications and inspection and enforcement authorities provided that they meet the criteria of will not impose substantial direct costs under sections 9005 and 9006 of RCRA the CAA. Accordingly, these proposed on tribal governments or preempt tribal subtitle I and other applicable statutory actions merely propose to approve a law as specified by Executive Order and regulatory provisions. state plan and redesignation request as 13175 (65 FR 67249, November 9, 2000), DATES: Send written comments by July meeting federal requirements and do not because redesignation is an action that 6, 2020. impose additional requirements beyond affects the status of a geographical area ADDRESSES: Submit any comments, those imposed by state law. For these and does not impose any new regulatory identified by EPA–R06–UST–2018– reasons, the proposed actions: requirements on tribes, impact any 0702, by one of the following methods: • Are not a ‘‘significant regulatory existing sources of air pollution on 1. Federal eRulemaking Portal: action’’ subject to review by the Office tribal lands, nor impair the maintenance https://www.regulations.gov. Follow the of Management and Budget under of NAAQS in tribal lands. on-line instructions for submitting Executive Orders 12866 (58 FR 51735, List of Subjects comments. October 4, 1993) and 13563 (76 FR 3821, 2. Email: [email protected]. January 21, 2011); 40 CFR Part 52 Instructions: Direct your comments to • Docket ID No. EPA–R06–UST–2018– Are not an Executive Order 13771 Environmental protection, Air (82 FR 9339, February 2, 2017) 0702. EPA’s policy is that all comments pollution control, Incorporation by received will be included in the public regulatory action because SIP approvals reference, Intergovernmental relations, are exempted under Executive Order docket without change and may be Nitrogen dioxide, Particulate matter, available online at https:// 12866; Reporting and recordkeeping • Do not impose an information www.regulations.gov, including any requirements, Sulfur dioxide, Volatile collection burden under the provisions personal information provided, unless organic compounds. of the Paperwork Reduction Act (44 the comment includes information U.S.C. 3501 et seq.); 40 CFR Part 81 claimed to be Confidential Business • Are certified as not having a Information (CBI) or other information significant economic impact on a Environmental protection, Air whose disclosure is restricted by statute. substantial number of small entities pollution control, National parks, Do not submit information that you under the Regulatory Flexibility Act (5 Wilderness areas. consider to be CBI or otherwise U.S.C. 601 et seq.); Authority: 42 U.S.C. 7401 et seq. protected through https://

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www.regulations.gov, or email. The [email protected]. Out of an proposed rule. The EPA will not Federal https://www.regulations.gov abundance of caution for members of institute a second comment period. Any website is an ‘‘anonymous access’’ the public and our staff, the EPA Region parties interested in commenting on this system, which means the EPA will not 6 office will be closed to the public to action should do so at this time. For know your identity or contact reduce the risk of transmitting COVID– additional information, see the direct information unless you provide it in the 19. We encourage the public to submit final rule published in the ‘‘Rules and body of your comment. If you send an comments via https:// Regulations’’ section of this Federal email comment directly to the EPA www.regulations.gov, as there will be a Register. without going through https:// delay in processing mail and no courier www.regulations.gov, your email or hand deliveries will be accepted. List of Subjects in 40 CFR Part 282 address will be automatically captured Please call or email the contact listed and included as part of the comment above if you need alternative access to Environmental protection, that is placed in the public docket and material indexed but not provided in Administrative practice and procedure, made available on the internet. If you the docket. Confidential business information, Hazardous substances, Incorporation by submit an electronic comment, the EPA SUPPLEMENTARY INFORMATION: In the recommends that you include your final rules section of this Federal reference, Insurance, Intergovernmental name and other contact information in Register, the EPA is approving the relations, Oil pollution, Penalties, the body of your comment. If the EPA State’s SIP submittal as a direct rule Petroleum, Reporting and recordkeeping cannot read your comment due to without prior proposal because the requirements, Surety bonds, Water technical difficulties, and cannot Agency views this as noncontroversial pollution control, Water supply. contact you for clarification, the EPA submittal and anticipates no adverse Authority: This rule is issued under the may not be able to consider your comments. A detailed rationale for the authority of Sections 2002(a), 9004, and comment. Electronic files should avoid approval is set forth in the direct final 7004(b) of the Solid Waste Disposal Act, as the use of special characters, any form rule. If no relevant adverse comments amended, 42 U.S.C. 6912, 6991c, 6991d, and of encryption, and be free of any defects are received in response to this action 6991e. or viruses. no further activity is contemplated. If Dated: April 30, 2020. The index to the docket for this action the EPA receives relevant adverse is available electronically at comments, the direct final rule will be Kenley McQueen, www.regulations.gov. withdrawn and all public comments Regional Administrator, EPA Region 6. FOR FURTHER INFORMATION CONTACT: received will be addressed in a [FR Doc. 2020–09943 Filed 6–3–20; 8:45 am] Audray Lincoln, (214) 665–2239, subsequent final rule based on this BILLING CODE 6560–50–P

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Notices Federal Register Vol. 85, No. 108

Thursday, June 4, 2020

This section of the FEDERAL REGISTER components. FSIS will announce the FOR FURTHER INFORMATION CONTACT: contains documents other than rules or date it will implement the new testing Rachel Edelstein, Acting Assistant proposed rules that are applicable to the in a subsequent Federal Register notice. Administrator, Office of Policy and public. Notices of hearings and investigations, Additionally, FSIS is responding to Program Development by telephone at committee meetings, agency decisions and (202) 720–0399. rulings, delegations of authority, filing of comments on the November 19, 2014, petitions and applications and agency Federal Register notice titled ‘‘Shiga SUPPLEMENTARY INFORMATION: Toxin-Producing Escherichia coli statements of organization and functions are Background examples of documents appearing in this (STEC) in Certain Raw Beef Products.’’ section. FSIS is also making available its On September 20, 2011, FSIS updated analysis of the estimated costs announced in the Federal Register, its and benefits associated with the determination that raw, non-intact beef DEPARTMENT OF AGRICULTURE implementation of its non-O157 STEC products and raw, intact beef products testing on raw beef manufacturing that are intended for use in raw, non- Food Safety and Inspection Service trimmings and the costs and benefits intact beef products contaminated with [Docket No. FSIS–2010–0023] associated with the expansion of its non-O157 STEC (O26, O45, O103, O111, non-O157 STEC testing to ground beef, O121, or O145) are adulterated under Expansion of FSIS Shiga Toxin- bench trim, and other raw ground beef the Federal Meat Inspection Act (21 Producing Escherichia coli (STEC) components (https://www.fsis.usda.gov/ U.S.C. 601(m)(1)) because they bear or Testing to Additional Raw Beef wps/wcm/connect/c37a7129-639c-41fa- contain a deleterious substance that may Products ab75-be6dddcd1c44/placeholder- be injurious to health (76 FR 58157). In link?MOD=AJPERES&useDefaultText= support of this determination, the AGENCY: Food Safety and Inspection Service, USDA. 0&useDefaultDesc=0). Agency cited evidence of these non- O157 STEC organisms’ high ACTION: Notice and request for DATES: Submit comments on or before August 3, 2020. pathogenicity, low infectious dose, comments. transmissibility from person to person, ADDRESSES: FSIS invites interested SUMMARY: and thermal resistance high enough to The Food Safety and persons to submit comments on this Inspection Service (FSIS) is announcing survive ordinary cooking (76 FR 58157, notice. Comments may be submitted by 58158–58159). FSIS also stated that raw, plans to expand its routine verification one of the following methods: testing for six Shiga toxin-producing non-intact beef products and raw, intact • Federal eRulemaking Portal: This Escherichia coli (non-O157 STEC; O26, beef products that are intended for use website provides commenters the ability O45, O103, O111, O121, or O145) that in raw, non-intact beef products, are adulterants, in addition to the to type short comments directly into the contaminated with non-O157 STEC are adulterant Escherichia coli (E. coli) comment field on the web page or to adulterated because they are O157:H7, to ground beef, bench trim, attach a file for lengthier comments. Go unhealthful and unwholesome (21 and raw ground beef components other to http://www.regulations.gov. Follow U.S.C. 601(m)(3)) (76 FR 58157, 58159). than raw beef manufacturing trimmings the on-line instructions at that site for FSIS also included information on when (i.e., head meat, cheek meat, weasand submitting comments. the Agency considers an isolate to be • (esophagus) meat, product from Mail, including CD–ROMs, etc.: ‘‘confirmed positive for non-O157 advanced meat recovery (AMR) systems, Send to Docket Clerk, U.S. Department STEC,’’ which is when the isolate partially defatted chopped beef and of Agriculture, Food Safety and contains a stx gene, an eae gene, and partially defatted beef fatty tissue, low Inspection Service, 1400 Independence one of the target O-groups (O26, O45, temperature rendered lean finely Avenue SW, Mailstop 3758, Room 6065, O103, O111, O121, or O145) and when textured beef, and heart meat)(hereafter Washington, DC 20250–3700. the isolate is biochemically confirmed ‘‘other raw ground beef components’’) • Hand- or Courier-Delivered to be E. coli. for samples collected at official Submittals: Deliver to 1400 In the 2011 Federal Register notice, establishments. STEC includes non- Independence Avenue SW, Room 6065, FSIS included a costs and benefits O157 STEC; O26, O45, O103, O111, Washington, DC 20250–3700. estimate for non-O157 STEC testing in O121, or O145, that are adulterants, and Instructions: All items submitted by raw beef manufacturing trimmings (76 E. coli O157:H7. Currently, FSIS tests mail or electronic mail must include the FR 58157, 58162–58164). The Agency only its beef manufacturing trimmings Agency name and docket number FSIS– asked for comments on this costs and samples for these six non-O157 STEC 2010–0023. Comments received in benefits estimate (76 FR 58157, 58164). and E. coli O157:H7; all other response to this docket will be made FSIS implemented a verification aforementioned raw beef products are available for public inspection and testing program for the six non-O157 presently tested for E. coli O157:H7 posted without change, including any STEC in raw beef manufacturing only. FSIS also intends to test for these personal information, to http:// trimmings on June 4, 2012 (77 FR 9888). non-O157 STEC in ground beef samples www.regulations.gov. Beef manufacturing trimmings include that it collects at retail stores and in Docket: For access to background beef parts of any size, including primal applicable samples it collects of documents or comments received, call cuts, subprimal cuts, and smaller pieces imported raw beef products. FSIS is (202)720–5627 to schedule a time to of trimmings from subprimal cuts, that requesting comments on the proposed visit the FSIS Docket Room at 1400 the producing slaughter establishment sampling and testing of ground beef, Independence Avenue SW, Room 6065, intends for raw, non-intact use (FSIS bench trim, and other raw ground beef Washington, DC 20250–3700. Directive 10,010.1, Sampling

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Verification Activities for Shiga Toxin- received on the previous, September 20, and investigation can serve as the basis Producing Escherichia coli (STEC) in 2011, costs and benefits estimate. for education that will benefit the entire Raw Beef Products https:// industry as well as regulatory Summary of the Updated Costs and www.fsis.usda.gov/wps/wcm/connect/ organizations. The Agency estimated the Benefits Analysis c100dd64-e2e7-408a-8b27- benefit from reduced outbreak-related ebb378959071/ This notice announces updates to the recalls to be at least $51.6 million per 10010.1.pdf?MOD=AJPERES). FSIS did CBA FSIS published on November 19, year. There are also benefits from not implement verification testing for 2014. In this revision to the 2014 CBA, reduced illnesses and improved non-O157 STEC to ground beef, bench FSIS made the following changes: industry practices, which were not trim, and other raw ground beef 1. The false-positive rate for quantified. Therefore, the total benefit of components at that time, because the industry’s screening test was updated FSIS testing for non-O157 STEC Agency needed to establish additional and an estimate of product loss value outweighs the total cost. laboratory capacity to test these was included as a cost to the industry, in response to industry comments. Expanding FSIS Non-O157 STEC products and the Agency wanted to Testing to Ground Beef, Bench Trim, evaluate data gathered from sampling 2. Agency cost was updated to reflect the change in FSIS’ laboratory method and Other Raw Ground Beef raw beef manufacturing trimmings Components before expanding its verification testing for STEC testing; the new method to include other products (76 FR 58157, screens enriched samples for both E. FSIS intends to expand its non-O157 58160). coli O157:H7 and non-O157 STEC at the STEC verification testing to ground beef, same time, which reduces the Agency’s bench trim, and other raw ground beef On May 31, 2012, the Agency testing costs. components. Slaughter establishments announced in the Federal Register (77 3. Agency cost for conducting for- are in the best position to prevent non- FR 31975) that it would update and cause Food Safety Assessments (FSAs) O157 STEC contamination because the revise the costs and benefits estimate was updated using data from the introduction of the contaminant to the accompanying the September 20, 2011, Agency’s analysis of the new FSA exterior surface of beef products can determination, respond to comments methodology.2 occur during the slaughter and dressing received on the costs and benefits 4. We quantified the benefit from operation. Processing establishments estimate, and assess the economic prevented outbreak-related recalls, in that receive product for grinding also effects of testing raw beef manufacturing response to comments, using survey have an important role in addressing trimmings, ground beef, bench trim, and data from the Grocery Manufacturers non-O157 STEC. Hazard Analysis and other raw ground beef components for Association (whose name changed to Critical Control Point (HACCP) non-O157 STEC. FSIS also announced Consumer Brands Association in regulations require establishments to that, when the updated costs and January 2020). conduct a hazard analysis to determine benefits estimate was complete, the When including all of the the food safety hazards that are Agency would announce its availability, aforementioned updates, the estimated reasonably likely to occur in their request comments on it, assess the annual cost for testing beef production processes and to identify the comments, and make any necessary manufacturing trimmings for non-O157 preventive measures an establishment changes to the costs and benefits STEC is $42.2 million ($0.1 million to can apply to control those hazards in estimate before finalizing it and the Agency, and $42.1 million to the the production of particular products expanding FSIS non-O157 STEC testing industry). The estimated cost of (see 9 CFR 417.2(a)). Processing to include other products in addition to expanding non-O157 STEC testing to all establishments can control or reduce beef manufacturing trimmings. other raw beef products is $6.4 million STEC to below detectable levels by On November 19, 2014, FSIS ($0.5 million to the Agency and $5.9 using preventive measures, including announced in the Federal Register that million to the industry). Most of the validated antimicrobial interventions. it had updated the costs and benefits increase in estimated costs above the Processing establishments can also estimate in the 2014 cost benefit cost estimates in the 2014 CBA is from establish as a preventive measure analysis (CBA) associated with the the inclusion of the lost value of purchase specification that requires implementation of its non-O157 STEC products to the industry. When suppliers to provide source materials testing on raw beef manufacturing establishments do not do confirmation with no detectable STEC. Processing trimmings (79 FR 68843). In the 2014 testing, there is a loss of value from establishments can then verify that CBA, FSIS also reported the costs and disposed of beef products after they these control measures are working as benefits associated with the potential have screened positive because some of intended through their own product expansion of its non-O157 STEC testing these are false positives. testing (see 67 FR 62326). to other raw beef products. The The estimated benefits of the new Exposure to non-O157 STEC is linked estimated annual cost for testing beef testing are reduced illnesses and deaths, to serious, life-threatening human manufacturing trimmings for non-O157 reduced outbreak-related recalls, and illnesses. On March 28, 2019, FSIS was STEC was $1.37 million ($0.48 million improved business practices. Through notified of an outbreak of E. coli O103 to the Agency and $0.89 million to the recall investigations, FSIS and industry illnesses.3 One hundred and ninety-six industry) in 2013 dollars. The are able to determine process failures to (196) case-patients in ten (10) states expansion of non-O157 STEC testing to help establishments take corrective were linked to this outbreak. Twenty- all other raw beef products was actions to prevent future contamination eight (28) case-patients were estimated to cost $1.0 million ($0.9 hospitalized. Case-patient and traceback million to the Agency and $0.1 million 2 In June 2015, FSIS changed the methodology for information indicated raw ground beef to the industry) in 2013 dollars.1 FSIS conducting FSAs. For details, see FSIS Directive as the likely source of this outbreak and also responded to comments that it had 5100.4. Enforcement, Investigations and Analysis Officer (EIAO) Public Health Risk Evaluation prompted two recalls (Recall #047–2019 (PHRE) Methodology Implementation, 5/22/2015, 1 The 2014 CBA is available at: http:// available at https://www.fsis.usda.gov/wps/wcm/ 3 More information on this outbreak is available www.fsis.usda.gov/wps/portal/fsis/topics/ connect/6c30c8b0-ab6a-4a3c-bd87-fbce9bd71001/ at https://www.cdc.gov/ecoli/2019/o103-04-19/ regulations/federal-register/federal-register-notices. 5100.4.pdf?MOD=AJPERES. index.html.

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and Recall #048–2019). Additionally, on collect a grab sample from one or more STEC adulterants into a single August 16, 2018, FSIS was notified of an components from a production lot laboratory workflow saves time, money, outbreak of E. coli O26 illnesses.4 consisting of many boxes (typically 100 and resources for the Agency without Eighteen (18) case-patients in four (4) boxes in very large establishments) (see sacrificing sensitivity and specificity. FSIS Directive 10,010.1). The sampling states were linked to this outbreak. Six Planned Changes in Scheduling protocol used for other raw ground beef (6) people were hospitalized, and one Samples (1) died. Case-patient and traceback components, specifically collecting information for this outbreak also samples from a limited number of units As FSIS announced with its proposed indicated raw ground beef as the likely from a given production lot, may reduce Salmonella performance standards for source, prompting two recalls (Recall the chance of getting a positive since ground beef and beef manufacturing #072–2018 and Recall #081–2018). pathogens are not homogeneously trimmings (84 FR 57688, 57690), FSIS’s Because of these recent outbreaks, distributed throughout a production lot. goal is to collect and analyze at least 48 illnesses and a death, FSIS is moving FSIS is aware that some samples per year for each establishment ahead with its plans to expand its non- establishments are collecting samples of producing greater than 50,000 pounds O157 STEC sampling to ground beef, beef manufacturing trimmings and other per day of ground beef or beef bench trim, and other raw ground beef raw ground beef components using a manufacturing trimmings by increasing components. sponge or cloth device that is either the sample collection frequency from a Product sampling and testing is one of attached to a conveyor belt that comes maximum of four times per month to several activities establishments into direct, continuous contact with once per week for these product classes. conduct to verify the effectiveness of product, or that is used by To achieve this goal, FSIS plans to their HACCP systems. Since the establishment employees to rub change how it assigns STEC samples initiation of FSIS’s non-O157 STEC products in boxes or combos. More and thus Salmonella samples (as all raw testing program, many grinders and surface area is sampled using these beef samples currently are analyzed for suppliers of raw ground beef techniques which theoretically may STEC and Salmonella) in higher-volume components have instituted programs to yield results that better represent the beef establishments producing ground routinely test their raw beef products for production lot as compared to the beef and/or beef manufacturing both E. coli O157:H7 and for non-O157 sampling methods currently used by trimmings by increasing the sample STEC. FSIS for sampling beef manufacturing collection frequency to once per week or Before a foreign country can export trimmings and other raw ground beef four samples per month for these meat products to the United States, it components. FSIS is evaluating product classes. FSIS intends to must demonstrate that its meat alternatives to FSIS’s current sampling implement this change by reallocating inspection system is equivalent to the procedures for beef manufacturing resources from lower-volume beef system FSIS has established under the trimmings, bench trim, and other raw establishments (i.e., those producing FMIA and its implementing regulations. ground beef components; the Agency is 50,000 pounds or less per day) in a After FSIS expands its STEC verification looking for alternatives that provide manner that is resource—neutral. The sampling, FSIS will require foreign samples that are more representative of Agency requests comments on the countries to test the same products for production lots and that are less time proposed change in sampling frequency. non-O157 STEC and verify that the intensive and more user-friendly for IPP Response to Comments establishments address STEC as a to use. If FSIS makes changes to its hazard through an establishments sampling methodology for beef FSIS received three comment letters hazard analysis and HACCP plans. If a manufacturing trimmings, bench trim in response to the 2014 Federal Register country chooses to take a different and/or other raw ground beef notice on the CBA associated with approach, then the country would need components, it will issue updated testing raw beef manufacturing to submit an Individual Sanitary sampling instructions to field personnel. trimmings for non-O157 STEC and the potential costs and benefits of testing Measure (ISM) equivalence Recent Changes to FSIS’s Laboratory determination. raw ground beef, bench trim, and all Method other raw ground beef components for Sampling Beef Manufacturing On February 4, 2019, FSIS began non-O157 STEC. Specifically, FSIS Trimmings, Ground Beef, Bench Trim, using a new laboratory method for the received comments from a beef- and Other Raw Ground Beef initial screening of regulatory samples producing company, a testing provider, Components for STEC.5 The instructions for using and an industry organization. The three To sample beef manufacturing this method are found in Chapter 5C of comment letters FSIS received on the trimmings and bench trim, FSIS the Microbiology Laboratory Guidebook notice did not support the expansion of inspection program personnel (IPP) use (MLG) and associated appendices.6 This non-O157 STEC testing by the Agency. the N60 technique to collect 60 pieces updated laboratory method allows FSIS Commenters stated that testing just for of meat from across a production lot (see to utilize a single, combined workflow E. coli O157:H7, rather than for both E. FSIS Directive 10,010.1, https:// to screen samples for the presence of E. coli O157:H7 and non-O157 STEC, was www.fsis.usda.gov/wps/wcm/connect/ coli O157:H7 and the six non-O157 adequate. A summary of the comments c100dd64-e2e7-408a-8b27- STEC that FSIS considers adulterants received and responses to the comments ebb378959071/ (O26, O45, O103, O111, O121, or O145). is below. 10010.1.pdf?MOD=AJPERES). To Merging the screening for these seven Quantify Benefits and Recalls sample other raw ground beef components, FSIS IPP randomly select 5 See https://www.fsis.usda.gov/wps/portal/fsis/ Comment: Both the company and the one component type that the newsroom/meetings/newsletters/constituent- industry organization questioned why updates/archive/2019/ConstUpdate020119. establishment produces and aseptically FSIS did not quantify the benefits of its 6 The FSIS MLG can be found at: https:// non-O157 STEC testing. These www.fsis.usda.gov/wps/portal/fsis/topics/science/ 4 More information on this outbreak is available laboratories-and-procedures/guidebooks-and- commenters also questioned the use in at https://www.cdc.gov/ecoli/2018/o26-09-18/ methods/microbiology-laboratory-guidebook/ the CBA of two non-O157 STEC-related index.html. microbiology-laboratory-guidebook. recalls (Recall #045–2013 and Recall

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#010–2014) as evidence of public-health On February 8, 2013, FSIS positive non-O157 STEC test result) and benefits because they were not outbreak- implemented a new policy that requires then an FSIS microbiologist identifies related. official establishments and importers of an isolate from the enriched sample. Response: FSIS has now quantified record to maintain control of products Note that FSIS confirmed only 7 percent the estimated benefit from prevented produced from livestock that are of the Agency’s non-O157 STEC outbreak-related recalls in the CBA sampled and tested by FSIS for potential positive test results before the associated with this Federal Register adulterants and not allow such products February 2019 change in technology. notice, using survey data from the to enter commerce until negative test FSIS’s revised cost estimate, using a Grocery Manufacturers Association 7 results have been received. This policy, range of false-positive rates equivalent (whose name changed to Consumer often referred to as FSIS’s ‘‘hold and to the Agency’s 2018 range of false Brands Association in January 2020), test’’ policy, has reduced the number of positive rates of STEC potential positive and Agency recall data. The Agency recalls conducted due to FSIS raw test results of 81 to 100 percent,11 12 estimated the benefit from reduced ground beef verification samples that showed that the lost product value from outbreak-related recalls to be at least test positive for STEC. This policy industry’s testing of raw beef products $51.6 million per year. There are also applies to non-intact raw beef product would be high—about $47.0 million. benefits from reduced illnesses and or intact raw beef product intended for However, there are more sensitive improved industry practices, which are non-intact use that is sampled and screening tests available to industry that not quantified. Therefore, the total tested by FSIS for STEC (77 FR 73401; have lower false-positive rates for non- benefit of FSIS testing for non-O157 Dec. 10, 2012). O157 STEC, and industry may choose STEC outweighs the total cost. the test that has the desired cost and The recalls of products contaminated False-Positive Rate benefit result.13 with non-O157 STEC exemplify the Comment: A major concern of both (FSIS expects that, over preventive approach FSIS takes with the company and the industry time, the cost of both STEC screening respect to product contamination organization that commented on the and confirmatory tests will decrease as events, as the recalled products could proposal was the high false-positive rate the industry conducts more tests and as have potentially led to illnesses and for non-O157 STEC screening tests used the test kits improve. Since outbreaks. While the historical by industry. The company stated that it implementing STEC testing, FSIS has frequency of outbreaks attributable to was concerned about the rate of false taken steps to improve the effectiveness non-O157 STEC may be lower than that positives obtained using available non- of its microbiological testing program for outbreaks attributable to E. coli O157 STEC screening tests because of for E. coli O157:H7 and non-O157 STEC, O157:H7, clinical methods are being the decisions that are made immediately including implementing the new developed to better detect and identify after and on the basis of the initial laboratory method mentioned above. non-O157 STEC illnesses (discussed screening test results. According to the Also, FSIS does not conduct FSAs at later). In testing beef manufacturing commenters, industry may hold lots of establishments based solely on positive trimmings for STEC, FSIS has found product with screen-positive test results industry test results. more positive non-O157 STEC than for non-O157 STEC while waiting for Morbidity and Mortality Weekly Report O157 STEC. FSIS conducts verification confirmation of the results. sampling and testing and other Industry may also conduct product Comment: In reference to the Centers inspection activities to ensure traceback in response to non-O157 for Disease Control and Prevention establishments have appropriate STEC screen-positive test results, take (CDC) Foodborne Diseases Active controls and verification procedures in action during high-event periods based Surveillance Network (FoodNet) place to prevent such illnesses. Since on non-O157 STEC screen-positive test program Morbidity and Mortality FSIS started its non-O157 STEC results, and may have difficulty filling Weekly Report (MMWR) (http:// verification testing, there have been 19 orders on time because of screen- www.cdc.gov/mmwr/preview/ Class-I recalls associated with raw beef positive test results that limit the mmwrhtml/mm6418a4.htm), the products contaminated with these availability of raw beef. Also, the company and industry organization STEC.8 Four of these recalls were commenters were concerned about FSIS asked if the report would affect FSIS’s associated with a ground beef outbreak. conducting additional FSAs in response proposed expansion of non-O157 STEC Two of the recalls were associated with to industry’s non-O157 STEC screen- testing. the O103 serogroup and the other two positive test results. The same Response: At this time, the with the O26 serogroup. The other 15 commenters stated that screen-positive information in the report does not recalls were conducted based on test results may result in loss of product change the Agency’s plans to move positive non-O157 STEC results value. Therefore, the commenters stated, forward with expanding non-O157 obtained through testing by FSIS, the Agency underestimated the costs of STEC testing. According to the summary establishments, or various states; these the false-positive rate on industry in the

recalls occurred before any attributed CBA for the proposal. 11 9 Since we assumed that the industry would not illnesses were reported. Response: The Agency’s 2018 data change to FSIS’s new laboratory method in the near show, before the February 2019 change future, FSIS used the most recent false positive 7 Grocery Manufacturers Association. 2011. in technology, that 90 percent of the rates of the Agency’s laboratory method before Capturing Recall Costs: Measuring and Recovering FSIS non-O157 STEC presumptive February 2019 to estimate industry costs. the Losses. Retrieved from https:// positive test results are confirmed 12 Data are from the Office of Public Health www.gma.maxx.matrixdev.net/forms/store/Product Science (OPHS), FSIS for 2018. The false positive 10 FormPublic/capturing-recall-costs. positive. A presumptive positive rates of the potential screening are as follows: 93 8 The list of recalls is available at: http:// result in FSIS testing means the sample percent for beef manufacturing trimming, 100 www.fsis.usda.gov/wps/portal/fsis/topics/recalls- has first been determined to be a non- percent for bench trim, 94 percent for other raw and-public-health-alerts/current-recalls-and-alerts/ O157 STEC potential positive ground beef components, and 81 percent for ground current-recalls-and-alerts. beef. 9 The list of recalls is available at: http:// (equivalent to an industry screen- 13 Examples of test kits can be found on the FSIS www.fsis.usda.gov/wps/portal/fsis/topics/recalls- website: https://www.fsis.usda.gov/wps/wcm/ and-public-health-alerts/current-recalls-and-alerts/ 10 Data are from the Office of Public Health connect/f97532f4-9c28-4ecc-9aee-0e1e6cde1a89/ current-recalls-and-alerts. Science (OPHS), FSIS. validated-test-kit.pdf?MOD=AJPERES.

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of the most recent MMWR,14 compared non-O157 STEC adulterants to include originating slaughter suppliers (MT52 with the 2015–2018 average annual raw ground beef and other components sampling project) collected in CY 2012 STEC incidence (infections), the 2018 used in raw ground beef in addition to and CY 2013, respectively were positive incidence of STEC was higher when raw beef manufacturing trimmings. for non-O157 STEC. From CY 2014–CY compared to the 2015–2017 rates. Response: FSIS has reviewed its STEC 2018 (see https://www.fsis.usda.gov/ Various factors contribute to the verification sampling results obtained wps/portal/fsis/topics/data-collection- increase in reported illnesses. This since 2012; positive samples for E. coli and-reports/microbiology/ec/positive- includes the use of updated clinical O157:H7 and non-O157 STEC have been results-current-cy/2015-ecoli-positives), laboratory methods. Further, the observed. While FSIS screening and 105 beef manufacturing trimmings illnesses reported by the FoodNet confirmation methods used collectively (MT60) samples were positive for non- program are not specific to FSIS- permit detection of both E. coli O157:H7 O157 STEC, and 32 samples were regulated products; reported data and non-O157 STEC in an isolate from positive for E. coli O157:H7. encompasses all reported illnesses, a sample, our data indicates that an The Agency has incorporated data regardless of food source. isolate from a sample is rarely positive from Agency testing in the updated for both E. coli O157:H7 and non-O157 CBA, including an updated false E. coli O157:H7 as Indicator of Non- STEC. Therefore, FSIS verification positive rate and Agency testing costs. O157 STEC and Collection of Data by sample results do not support using E. Antimicrobial Use and Multiple FSIS coli O157:H7 as an indicator organism Interventions Comment: The industry organization for non-O157 STEC. Rather, the results asserted that E. coli O157:H7 can serve indicate a need for FSIS to conduct Comment: The industry organization as an indicator organism for non-O157 additional verification testing of commented that according to three STEC. The industry organization also products for non-O157 STEC. studies funded by the North American commented that E. coli O157:H7 is a Analysis of FSIS raw beef Meat Institute, current antimicrobial logical indicator organism for non-O157 manufacturing trimmings STEC compounds used by the meat industry STEC, if one uses the definition of an verification sample results indicate that to destroy E. coli O157:H7 are effective indicator organism presented in a positive samples are not occurring in against non-O157 STEC. research paper by Saini and others. This clusters, and are distributed among Response: FSIS considers controls for research paper states, ‘‘the term various states and regions of the U.S. E. coli O157:H7 to be effective against ‘indicator’ implies that common causes Specifically, between June 2012 and non-O157 STEC when implemented affect the levels of both indicator December 2018, raw beef manufacturing appropriately. However, FSIS testing microorganisms and pathogens and that trimming sample positives for E. coli finds both E. coli O157:H7 and non- these causes can be identified and O157:H7 were from 47 individual O157 STEC positive results in its controlled. The use of measured levels establishments in 25 States, while raw verification testing programs. As stated of an indicator organism within beef manufacturing trimming sample above, FSIS laboratories rarely find statistical process control (SPC) is based positives for non-O157 STEC were from positives for E. coli O157:H7 and non- on the basic premise that the process 87 individual establishments in 34 O157 STEC in the same sample. With can be improved over time, by States. the sporadic nature of STEC identifying a cause of higher-than- FSIS began verification testing of raw contamination, FSIS believes these expected indicator organism levels and beef manufacturing trimmings (MT60 results support the need for the Agency taking an action that would result in a sampling project) for non-O157 STEC to conduct verification testing for non- decrease of levels of the indicator (in addition to E. coli O157:H7) in June O157 STEC in additional raw beef organism, which in turn could also 2012. Aggregate data by calendar year products. decrease levels and incidence of are publicly available on FSIS’s website. Products To Sample pathogens on the product.’’ 15 The In calendar year (CY) 2012, 17 of 32 commenter also stated that, given the STEC positive beef manufacturing Comment: The company and industry history of non-O157 STEC outbreaks trimmings samples were positive for organization commented that FSIS and the industry’s success in reducing non-O157 STEC (see http:// should not sample and test raw ground E. coli O157:H7 prevalence in beef www.fsis.usda.gov/wps/portal/fsis/ beef and bench trim for non-O157 STEC. products, E. coli O157:H7 is likely the topics/data-collection-and-reports/ While conceding that verification best microorganism to target in reducing microbiology/ec/stec-annual-report/ sampling of raw beef manufacturing risk when consuming beef products stec-annual-report-2012, Table 2, Trim trimmings yields data that provides because the number of confirmed Verification [MT60] data). Similarly, in insights into the slaughter process, these illnesses within the U.S. has been CY 2013, 16 of 25 STEC positive beef commenters stated that verification attributed more to E. coli O157:H7 than manufacturing trimmings samples were sampling of raw ground beef products is to non-O157 STEC. positive for non-O157 STEC (see http:// not useful. According to these Additionally, the industry www.fsis.usda.gov/wps/portal/fsis/ commenters, FSIS most often takes organization stated that FSIS has topics/data-collection-and-reports/ samples of raw ground beef product that collected data on non-O157 STEC microbiology/ec/stec-annual-report/ is a blend of raw ground beef through testing since 2012. The stec-annual-report-2013, Table 2, Trim components from multiple suppliers; commenter stated that the data should Verification data). Non-O157 STEC were therefore, the commenters stated it is be reviewed to ascertain the costs and found in both samples identified as just not possible to know which component benefits of expanded testing for the six ‘‘beef’’ and in beef products identified was contaminated or to provide as ‘‘veal.’’ Forty-eight (48) of 69 (70 feedback of any value to the source 14 https://www.cdc.gov/mmwr/volumes/68/wr/ percent) and 23 of 39 (58 percent) of establishments. mm6816a2.htm?s_cid=mm6816a2_w. STEC positive samples of raw beef The company and the industry 15 Saini PK, Marks HK, Dreyfuss MS, Evans P, manufacturing trimmings (MT60 organization also stated that FSIS may Cook Jr LV, and Dessai U. 2011. Indicator organisms in meat and poultry slaughter operations; their sampling project), raw ground beef question beef manufacturing trimmings potential use in process control and the role of follow-up samples (MT44 sampling and other raw ground beef component emerging technologies. J. Food Prot. 74: 1387–1394. project) and follow-up samples from suppliers when downstream

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establishments that grind raw beef the Agency about $4,800.16 FSIS has automatic and customized access to components from multiple suppliers updated the CBA using this new selected food safety news and produce product that tests positive for number. information. This service is available at: http://www.fsis.usda.gov/subscribe. non-O157 STEC. USDA Non-Discrimination Statement Response: The Agency agrees that Options range from recalls to export No agency, officer, or employee of the information, regulations, directives, and FSIS verification sampling and testing USDA shall, on the grounds of race, notices. Customers can add or delete of product from slaughter color, national origin, religion, sex, subscriptions themselves and have the establishments for non-O157 STEC gender identity, sexual orientation, option to password protect their provides useful information on the disability, age, marital status, family/ accounts. establishment’s process control. The parental status, income derived from a Done in Washington, DC. Agency also recognizes that traceback of public assistance program, or political ground beef made using raw beef beliefs, exclude from participation in, Paul Kiecker, components from multiple suppliers to deny the benefits of, or subject to Administrator. a single slaughter establishment is more discrimination any person in the United [FR Doc. 2020–12073 Filed 6–3–20; 8:45 am] difficult than traceback of product made States under any program or activity BILLING CODE 3410–DM–P with raw beef components from a single conducted by the USDA. supplier. Moreover, FSIS notes that the How To File a Complaint of 2018 and 2019 outbreaks involved non- Discrimination O157 STEC from ground beef. Thus, the BROADCASTING BOARD OF Agency intends to expand non-O157 To file a complaint of discrimination, GOVERNORS STEC sampling and testing to include complete the USDA Program Sunshine Act Meeting Notice ground beef, bench trim, and other raw Discrimination Complaint Form, which ground beef components, which may be accessed online at http:// TIME AND DATE: comprise the other 75 percent of the www.ocio.usda.gov/sites/default/files/ Wednesday, June 3, _ _ _ _ 2020, 12:00 p.m.–1:00 p.m. ET. samples analyzed annually for E. coli docs/2012/Complain combined 6 8 12.pdf, or write a letter signed by you O157:H7. This will help FSIS verify that PLACE: Teleconference. or your authorized representative. certain products (such as bench trim) Send your completed complaint form MATTERS TO BE CONSIDERED: The U.S. are not adulterated before they are or letter to USDA by mail, fax, or email: Agency for Global Media’s (USAGM) ground, and that the resulting ground Mail: U.S. Department of Agriculture, Board of Governors (Board) may beef is not adulterated. Director, Office of Adjudication, 1400 conduct a telephonic meeting closed to Food Safety Assessment Estimate Independence Avenue SW, Washington, the public at the time listed above DC 20250–9410. pursuant to 5 U.S.C. 552b(c)(9)(B) in Comment: With expanded non-O157 Fax: (202) 690–7442. order to protect and prevent disclosure STEC testing, the industry organization Email: [email protected]. of a discussion which would be likely commented that FSAs based on FSIS Persons with disabilities who require to significantly frustrate implementation non-O157 STEC positive test results alternative means for communication of a proposed Agency action. The Board alone will unnecessarily increase FSIS (Braille, large print, audiotape, etc.), also determined that shorter than usual and industry expenses. The industry should contact USDA’s TARGET Center notice for a meeting was required by organization noted that FSIS estimated at (202) 720–2600 (voice and TDD). official Agency business and delayed availability of required information. The the cost of an FSA to FSIS at $1,400 in Additional Public Notification 2014 but in September 2011 estimated meeting is being called pursuant to that the Agency’s FSA cost was $14,000. Public awareness of all segments of Section 2.15 of the USAGM’s Board by- rulemaking and policy development is laws. In accordance with the Response: The $14,000 estimate for important. Consequently, FSIS will Government in the Sunshine Act and FSAs in 2011 resulted from high announce this Federal Register USAGM policies, any such meeting will assumptions regarding the resources publication on-line through the FSIS be recorded and a transcript of the needed to conduct FSAs related to non- web page located at: http:// proceedings, subject to the redaction of O157 STECs (76 FR 58157) before 2014. www.fsis.usda.gov/federal-register. information protected by 5 U.S.C. For example, it used to take an FSIS will also announce and provide 552b(c)(6), will be made available to the Enforcement, Investigation, and a link to it through the FSIS Constituent public. The publicly-releasable Analysis Officer (EIAO) over 30 days to Update, which is used to provide transcript will be available for complete the in-plant portion of the information regarding FSIS policies, download at www.usagm.gov within 21 investigation. The Agency modified the procedures, regulations, Federal days of the date of the meeting. assumptions and the cost estimates for Register notices, FSIS public meetings, Information regarding member votes to the 2014 CBA based on the new FSA and other types of information that close the meeting and expected methodology, using the Public Health could affect or would be of interest to attendees can also be found on the Risk Evaluation to determine whether our constituents and stakeholders. The Agency’s public website. an FSA is necessary, which reduced the Constituent Update is available on the CONTACT PERSON FOR MORE INFORMATION: total number of FSAs. With the new FSIS web page. Through the web page, Persons interested in obtaining more methodology, an EIAO can complete the FSIS is able to provide information to a information should contact Oanh Tran in-plant portion of the FSA in 5 to 7 much broader, more diverse audience. at (202) 920–2004. days, instead of an average of 38 days, In addition, FSIS offers an email leading to a significant reduction in FSA subscription service which provides Chelsea Milko, cost to FSIS. Data collected for FY 2016 Special Assistant to the CEO Office. suggest that the average STEC-related 16 Based on OCFO (Office of Chief Financial Officer) preliminary analysis of average cost per [FR Doc. 2020–12281 Filed 6–2–20; 4:15 pm] FSA under the new methodology costs FSA under new FSA methodology, FY 2016. BILLING CODE 8610–01–P

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COMMISSION ON CIVIL RIGHTS [email protected]. Persons who Officer (DFO), at [email protected] or desire additional information may (202) 701–1376. Notice of Public Meeting of the contact the Midwestern Regional Office SUPPLEMENTARY INFORMATION: Members Missouri Advisory Committee at (312) 353–8311. of the public may listen to the Records generated from this meeting AGENCY: U.S. Commission on Civil discussion. This meeting is available to Rights. may be inspected and reproduced at the the public through the above listed toll Midwestern Regional Office, as they ACTION: Announcement of meeting. free number. An open comment period become available, both before and after will be provided to allow members of SUMMARY: Notice is hereby given, the meeting. Records of the meeting will the public to make a statement as time pursuant to the provisions of the rules be available via www.facadatabase.gov allows. The conference call operator and regulations of the U.S. Commission under the Commission on Civil Rights, will ask callers to identify themselves, on Civil Rights (Commission) and the Missouri Advisory Committee link the organization they are affiliated with Federal Advisory Committee Act that (https://facadatabase.gov/committee/ (if any), and an email address prior to the Missouri Advisory Committee committee.aspx?cid=258&aid=17). placing callers into the conference (Committee) will hold a meeting on Persons interested in the work of this room. Callers can expect to incur regular Thursday, June 11, 2020 at 11:00 a.m. Committee are directed to the charges for calls they initiate over for the purpose of discussing the Commission’s website, http:// wireless lines, according to their proposal for the study on Covid–19 and www.usccr.gov, or may contact the wireless plan. The Commission will not voting preparations. Midwestern Regional Office at the above refund any incurred charges. Callers DATES: The meeting will be held on email or street address. will incur no charge for calls they Thursday, June 11, 2020 at 11:00 a.m. Agenda initiate over land-line connections to (Central). the toll-free telephone number. Persons Public call information: Dial: 800– Welcome and Roll Call with hearing impairments may also 367–2403, Conference ID: 8086086. Discussion of preparations for pending follow the proceedings by first calling FOR FURTHER INFORMATION CONTACT: briefings the Federal Relay Service at 1–800–877– David Barreras, DFO, at dbarreras@ Next Steps 8339 and providing the Service with the usccr.gov or 312–353–8311. Public Comment conference call number and conference Adjournment SUPPLEMENTARY INFORMATION: Members ID number. of the public can listen to the Dated: May 29, 2020. Members of the public are also discussion. This meeting is available to David Mussatt, entitled to submit written comments; the public through the following call-in Supervisory Chief, Regional Programs Unit. the comments must be received in the number: 800–367–2403, conference ID: [FR Doc. 2020–12023 Filed 6–3–20; 8:45 am] regional office within 30 days following the meeting. Written comments may be 8086086. Any interested member of the BILLING CODE P public may call this number and listen mailed to the Regional Programs Unit to the meeting. An open comment Office, U.S. Commission on Civil Rights, period will be provided to allow COMMISSION ON CIVIL RIGHTS 300 N. Los Angeles St., Suite 2010, Los members of the public to make a Angeles, CA 90012. They may also be statement as time allows. The Notice of Public Meetings of the New emailed to Brooke Peery at bpeery@ conference call operator will ask callers Mexico Advisory Committee to the U.S. usccr.gov. to identify themselves, the organization Commission on Civil Rights Records generated from this meeting they are affiliated with (if any), and an may be inspected and reproduced at the AGENCY: U.S. Commission on Civil email address prior to placing callers Regional Programs Unit Office, as they Rights. into the conference room. Callers can become available, both before and after expect to incur regular charges for calls ACTION: Announcement of meetings. the meeting. Records of the meeting will they initiate over wireless lines, be available at: https:// SUMMARY: Notice is hereby given, www.facadatabase.gov/FACA/ according to their wireless plan. The pursuant to the provisions of the rules Commission will not refund any FACAPublicViewCommitteeDetails?id= and regulations of the U.S. Commission a10t0000001gzlGAAQ. incurred charges. Callers will incur no on Civil Rights (Commission) and the charge for calls they initiate over land- Please click on the ‘‘Meeting Details’’ Federal Advisory Committee Act that and ‘‘Documents’’ links. Persons line connections to the toll-free the New Mexico Advisory Committee telephone number. Persons with hearing interested in the work of this Committee (Committee) will hold a series of are also directed to the Commission’s impairments may also follow the briefings via teleconference on Tuesday, proceedings by first calling the Federal website, http://www.usccr.gov, or may June 30 and Wednesday, July 1, 2020 contact the Regional Programs Unit Relay Service at 1–800–977–8339 and from 2:00 p.m.–4:00 p.m. Mountain providing the Service with the office at the above email or street Time for the purpose of the gathering address. conference call number and conference testimony on wage theft and ID number. subminimum wage issues in New Agenda Members of the public are also Mexico. I. Welcome & Introductions entitled to submit written comments; II. Panel Testimony the comments must be received in the DATES: The briefings will be held on: • Tuesday, June 30, 2020, from 2:00 III. Question & Answer regional office within 30 days following IV. Public Comment p.m.–4:00 p.m. Mountain Time. the meeting. Written comments may be V. Adjournment mailed to the Midwestern Regional • Wednesday July 1, 2020, from 2:00 Office, U.S. Commission on Civil Rights, p.m.–4:00 p.m. Mountain Time. Dated: May 29, 2020. 230 S Dearborn Street, Suite 2120, Public Call Information: Dial: 800– David Mussatt, Chicago, IL 60604. They may also be 353–6461, Conference ID: 5636009. Supervisory Chief, Regional Programs Unit. faxed to the Commission at (312) 353– FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–12024 Filed 6–3–20; 8:45 am] 8324 or emailed to David Barreras at Brooke Peery, Designated Federal BILLING CODE P

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COMMISSION ON CIVIL RIGHTS the meeting. Written comments may be SUPPLEMENTARY INFORMATION: This emailed to Carolyn Allen at callen@ meeting is available to the public Notice of Public Meeting of the South usccr.gov in the Regional Program Unit through the telephone number and Carolina Advisory Committee Office/Advisory Committee conference ID listed above. Callers can Management Unit. Persons who desire AGENCY: U.S. Commission on Civil expect to incur charges for calls they additional information may contact the Rights. initiate over wireless lines, and the Regional Program Unit Office at (202) Commission will not refund any ACTION: Notice of meeting. 539–8246. incurred charges. Persons with hearing Records generated from this meeting SUMMARY: Notice is hereby given, impairments may also follow the may be inspected and reproduced at the proceedings by first calling the Federal pursuant to the provisions of the rules Regional Program Unit, as they become and regulations of the U.S. Commission Relay Service at 1–800–877–8339 and available, both before and after the providing the Service with the on Civil Rights (Commission) and the meeting. Records of the meeting will be conference call-in numbers: 888–394– Federal Advisory Committee Act that available via www.facadatabase.gov 8218 and conference call ID: 215510. the South Carolina Advisory Committee under the Commission on Civil Rights, (Committee) will hold a meeting on via South Carolina Advisory Committee Members of the public are entitled to web-conference on Friday, June 26, link. Persons interested in the work of make comments during the open period 2020, at 11:00 a.m.–12:30 p.m. (EST) the this Committee are directed to the at the end of the meeting. Members of purpose of the meeting is to hear from Commission’s website, http:// the public may also submit written advocates about subminimal wages for www.usccr.gov, or may contact the comments; the comments must be people with disabilities in South Regional Program Unit at the above received in the Regional Programs Unit Carolina. email or phone number. within 30 days following the respective DATES: The meeting will be held on Agenda meeting. Written comments may be Friday, June 26, 2020 at 11:00 a.m.– emailed to Mallory Trachtenberg at 12:30 p.m. (EST). 1. Roll Call [email protected]. Persons who Public Call Information: (audio only) 2. Discussion with Advocates desire additional information may Dial: 800–367–2403, conference ID: 3. Next Steps contact the Regional Programs Unit at 6333697. 4. Open Session 202–809–9618. Records and documents Web Access Information: (visual only) 5. Adjourn discussed during the meeting will be The online portion of the meeting may Dated: May 29, 2020. available for public viewing as they be accessed through the following link: David Mussatt, become available at https:// https://cc.readytalk.com/r/ www.facadatabase.gov/FACA/apex/ vu9o8ekyo01&eom. Supervisory Chief, Regional Programs Unit. [FR Doc. 2020–12027 Filed 6–3–20; 8:45 am] FACAPublicCommittee?id= FOR FURTHER INFORMATION CONTACT: BILLING CODE P a10t0000001gzldAAA; click the Barbara Delaviez at [email protected] ‘‘Meeting Details’’ and ‘‘Documents’’ or (202) 539–8246. links. Records generated from this SUPPLEMENTARY INFORMATION: Members COMMISSION ON CIVIL RIGHTS meeting may also be inspected and of the public can listen to the reproduced at the Midwestern Regional discussion. This meeting is available to Agenda and Notice of Public Meeting Office, as they become available, both the public through the following toll- of the North Carolina Advisory before and after the meetings. Persons free call-in number. An open comment Committee interested in the work of this advisory period will be provided to allow AGENCY: Commission on Civil Rights. committee are advised to go to the members of the public to make a ACTION: Announcement of meeting. Commission’s website, www.usccr.gov, statement as time allows. The or to contact the Midwestern Regional conference operator will ask callers to SUMMARY: Notice is hereby given, Office at the above phone number or identify themselves, the organizations pursuant to the provisions of the rules email. they are affiliated with (if any), and an and regulations of the U.S. Commission Agenda email address prior to placing callers on Civil Rights (Commission), and the into the conference call. Callers can Federal Advisory Committee Act I. Welcome and Roll Call expect to incur charges for calls they (FACA), that a meeting of the North initiate over wireless lines, and the Carolina Advisory Committee to the II. Announcements and Updates Commission will not refund any Commission will convene by conference III. Approval of Minutes From the Last incurred charges. Callers will incur no call, on Thursday, June, 25, 2020 at Meeting charge for calls they initiate over land- 11:00 a.m.–12:30 p.m. (EST). The IV. Briefing: Civil Rights Project on line connections to the toll-free purpose of the meeting is to discuss its Legal Financial Obligations telephone number. Persons with hearing civil rights project on legal financial impairments may also follow the obligations. V. Future Plans and Actions proceedings by first calling the Federal VI. Public Comment Relay Service at 1–800–977–8339 and DATES: Thursday, June 25, 2020 at 11:00 providing the Service with the a.m.–12:30 p.m. (EST). VII. Adjournment Call-In Information: Dial: 888–394– conference call number and conference Dated: May 29, 2020. ID number. 8218 and conference call ID: 215510. David Mussatt, Members of the public are also FOR FURTHER INFORMATION CONTACT: entitled to submit written comments; Mallory Trachtenberg at Supervisory Chief, Regional Programs Unit. the comments must be received in the [email protected] or by phone at [FR Doc. 2020–12026 Filed 6–3–20; 8:45 am] regional office within 30 days following 202–809–9618. BILLING CODE P

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DEPARTMENT OF COMMERCE Section 400.14, and further subject to Seadrill Americas Inc., located in New the following restrictions: Iberia, Louisiana (Subzone 124V), as Foreign-Trade Zones Board (1) A five-year limit on authorization described in the application and for admission of the TiO2 input in Federal Register notice, subject to the [B–05–2020] nonprivileged foreign (NPF) status (19 FTZ Act and the Board’s regulations, Foreign-Trade Zone (FTZ) 158— CFR 146.42); and, including Section 400.13. Jackson, Mississippi; Authorization of (2) during the five-year authorization Dated: May 27, 2020. Production Activity, Traxys Cometals period set out in the first restriction, an Jeffrey I. Kessler, annual limit of 1.1 million pounds on USA, LLC (Manganese and Aluminum Assistant Secretary for Enforcement and Alloying Agents), Burnsville, admission of the TiO2 input in NPF Compliance, Alternate Chairman, Foreign- Mississippi status. Trade Zones Board. Dated: June 1, 2020. [FR Doc. 2020–12066 Filed 6–3–20; 8:45 am] On January 30, 2020, Traxys Cometals Andrew McGilvray, BILLING CODE 3510–DS–P USA, LLC submitted a notification of proposed production activity to the FTZ Executive Secretary. [FR Doc. 2020–12064 Filed 6–3–20; 8:45 am] Board for its facility within FTZ 158, in DEPARTMENT OF COMMERCE Burnsville, Mississippi. BILLING CODE 3510–DS–P The notification was processed in Bureau of Industry and Security accordance with the regulations of the FTZ Board (15 CFR part 400), including DEPARTMENT OF COMMERCE Order Renewing Order Temporarily Denying Export Privileges notice in the Federal Register inviting Foreign-Trade Zones Board public comment (85 FR 6499–6500, [Order No. 2099] Mahan Airways, Mahan Tower, No. 21, February 5, 2020). On May 29, 2020, the Azadegan St., M.A. Jenah Exp. Way, applicant was notified of the FTZ Approval of Subzone Status; Seadrill Tehran, Iran; Board’s decision that no further review Pejman Mahmood Kosarayanifard, a/k/a of the activity is warranted at this time. Americas Inc. New Iberia, Louisiana Kosarian Fard, P.O. Box 52404, Dubai, United Arab Emirates; The production activity described in the Pursuant to its authority under the Foreign- Mahmoud Amini, G#22 Dubai Airport Free notification was authorized, subject to Trade Zones Act of June 18, 1934, as Zone, P.O. Box 393754, Dubai, United Arab the FTZ Act and the FTZ Board’s amended (19 U.S.C. 81a–81u), the Foreign- Emirates, and P.O. Box 52404, Dubai, regulations, including Section 400.14. Trade Zones Board (the Board) adopts the United Arab Emirates, and Mohamed Dated: May 29, 2020. following Order: Abdulla Alqaz Building, Al Maktoum Andrew McGilvray, Whereas, the Foreign-Trade Zones Street, Al Rigga, Dubai, United Arab Emirates; Executive Secretary. (FTZ) Act provides for ‘‘ . . . the establishment. . . of foreign-trade zones Kerman Aviation, a/k/a GIE Kerman [FR Doc. 2020–12065 Filed 6–3–20; 8:45 am] Aviation, 42 Avenue Montaigne 75008, in ports of entry of the United States, to BILLING CODE 3510–DS–P Paris, France; expedite and encourage foreign Sirjanco Trading LLC, P.O. Box 8709, Dubai, commerce, and for other purposes,’’ and United Arab Emirates; DEPARTMENT OF COMMERCE authorizes the Foreign-Trade Zones Mahan Air General Trading LLC, 19th Floor Board to grant to qualified corporations Al Moosa Tower One, Sheik Zayed Road, Foreign-Trade Zones Board the privilege of establishing foreign- Dubai 40594, United Arab Emirates; trade zones in or adjacent to U.S. Mehdi Bahrami, Mahan Airways—Istanbul [B–07–2020] Office, Cumhuriye Cad. Sibil Apt No: 101 Customs and Border Protection ports of D:6, 34374 Emadad, Sisli Istanbul, Turkey; Foreign-Trade Zone (FTZ) 52— entry; Al Naser Airlines, a/k/a al-Naser Airlines, a/ Hauppauge, New York; Authorization Whereas, the Board’s regulations (15 k/a Al Naser Wings Airline, a/k/a Alnaser of Limited Production Activity, Regent CFR part 400) provide for the Airlines and Air Freight Ltd., Home 46, Al- Tek Industries, Inc. (Road Marking establishment of subzones for specific Karrada, Babil Region, District 929, St 21) Beside Al Jadirya Private Hospital, Material), Shirley, New York uses; Whereas, the Port of South Louisiana, Baghdad, Iraq, and Al Amirat Street, On January 31, 2020, Regent Tek grantee of Foreign-Trade Zone 124, has Section 309, St. 3/H.20) Al Mansour) Baghdad, Iraq, and P.O. Box 28360, Dubai, Industries, Inc., submitted a notification made application to the Board for the United Arab Emirates, and P.O. Box of proposed production activity to the establishment of a subzone at the 911399, Amman 11191, Jordan; FTZ Board for its facility within FTZ 52, facility of Seadrill Americas Inc., Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a in Shirley, New York. located in New Iberia, Louisiana (FTZ Ali Abdullah Ahmed Alhay, Home 46, Al- The notification was processed in Docket B–4–2020, docketed January 30, Karrada, Babil Region, District 929, St 21, accordance with the regulations of the 2020); Beside Al Jadirya Private Hospital, FTZ Board (15 CFR part 400), including Whereas, notice inviting public Baghdad, Iraq, and Anak Street, Qatif, Saudi Arabia 61177; notice in the Federal Register inviting comment has been given in the Federal Bahar Safwa General Trading, PO Box public comment (85 FR 7919, February Register (85 FR 6142, February 4, 2020) 113212) Citadel Tower, Floor-5, Office 12, 2020). On June 1, 2020, the and the application has been processed #504, Business Bay, Dubai, United Arab applicant was notified of the FTZ pursuant to the FTZ Act and the Board’s Emirates, and PO Box 8709, Citadel Tower, Board’s decision that further review is regulations; and, Business Bay, Dubai, United Arab warranted before the FTZ Board could Whereas, the Board adopts the Emirates; consider unrestricted FTZ authority for findings and recommendations of the Sky Blue Bird Group, a/k/a Sky Blue Bird the titanium dioxide (TiO2) input. The examiner’s memorandum, and finds that Aviation, a/k/a Sky Blue Bird Ltd, a/k/a Sky Blue Bird FZC, P.O. Box 16111, Ras Al FTZ Board authorized the production the requirements of the FTZ Act and the Khaimah Trade Zone, United Arab activity described in the notification on Board’s regulations are satisfied; Emirates; a limited basis, subject to the FTZ Act Now, Therefore, the Board hereby Issam Shammout, a/k/a Muhammad Isam and the Board’s regulations, including approves subzone status at the facility of Muhammad) Anwar Nur Shammout, a/k/a

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Issam Anwar, Philips Building, 4th Floor, This temporary denial order (‘‘TDO’’) 2011 renewal order, Pejman Mahmood Al Fardous Street, Damascus, Syria, and Al was renewed in accordance with Kosarayanifard (a/k/a Kosarian Fard), Kolaa, Beirut, Lebanon 151515, and 17–18 § 766.24(d) of the Regulations.2 Mahmoud Amini, and Gatewick LLC (a/ Margaret Street, 4th Floor, London, W1W Subsequent renewals also have issued 8RP, United Kingdom, and Cumhuriyet k/a Gatewick Freight and Cargo Mah. Kavakli San St. Fulya, Cad. Hazar pursuant to § 766.24(d), including most Services, a/k/a Gatewick Aviation 3 Sok. No.14/A Silivri, Istanbul, Turkey. recently on December 2, 2019. Some of Services) were added as related persons the renewal orders and the modification to prevent evasion of the TDO.6 A Pursuant to § 766.24 of the Export orders that have issued between modification order issued on July 1, Administration Regulations, 15 CFR renewals have added certain parties as 2011, adding Zarand Aviation as a parts 730–774 (2020) (‘‘EAR’’ or ‘‘the respondents or as related persons, or respondent in order to prevent an Regulations’’), I hereby grant the request effected the removal of certain parties.4 imminent violation.7 of the Office of Export Enforcement The September 11, 2009 renewal (‘‘OEE’’) to renew the temporary denial As part of the August 24, 2011 order continued the denial order as to renewal, Kerman Aviation, Sirjanco order issued in this matter on December Mahan Airways, but not as to the Balli 2, 2019. I find that renewal of this order, Trading LLC, and Ali Eslamian were Group Respondents or Blue Airways of added as related persons. Mahan Air as modified, is necessary in the public Armenia.5 As part of the February 25, interest to prevent an imminent General Trading LLC, Equipco (UK) 1 Ltd., and Skyco (UK) Ltd. were added as violation of the Regulations. 2 Section 766.24(d) provides that BIS may seek related persons by a modification order I. Procedural History renewal of a temporary denial order for additional 180-day renewal periods, if it believes that renewal issued on April 9, 2012. Mehdi Bahrami On March 17, 2008, Darryl W. is necessary in the public interest to prevent an was added as a related person as part of Jackson, the then-Assistant Secretary of imminent violation. Renewal requests are to be the February 4, 2013 renewal order. made in writing no later than 20 days before the Commerce for Export Enforcement scheduled expiration date of a temporary denial On May 21, 2015, a modification (‘‘Assistant Secretary’’), signed an order order. Renewal requests may include discussion of order issued adding Al Naser Airlines, denying Mahan Airways’ export any additional or changed circumstances, and may Ali Abdullah Alhay, and Bahar Safwa privileges for a period of 180 days on seek appropriate modifications to the order, General Trading as respondents. As including the addition of parties as respondents or the ground that issuance of the order related persons, or the removal of parties previously detailed in that order and discussed was necessary in the public interest to added as respondents or related persons. BIS is not further infra, these respondents were prevent an imminent violation of the required to seek renewal as to all parties, and a added to the TDO based upon evidence Regulations. The order also named as removal of a party can be effected if, without more, BIS does not seek renewal as to that party. Any that they were acting together to, inter denied persons Blue Airways, of party included or added to a temporary denial order alia, obtain aircraft subject to the Yerevan, Armenia (‘‘Blue Airways of as a respondent may oppose a renewal request as Regulations for export or reexport to Armenia’’), as well as the ‘‘Balli Group set forth in § 766.24(d). Parties included or added Mahan in violation of the Regulations Respondents,’’ namely, Balli Group as related persons can at any time appeal their inclusion as a related person, but cannot challenge and the TDO. Sky Blue Bird Group and PLC, Balli Aviation, Balli Holdings, the underlying temporary denial order, either as its chief executive officer, Issam Vahid Alaghband, Hassan Alaghband, initially issued or subsequently renewed, and Shammout, were added as related Blue Sky One Ltd., Blue Sky Two Ltd., cannot oppose a renewal request. See also note 4, persons as part of the July 13, 2015 infra. Blue Sky Three Ltd., Blue Sky Four Ltd., 8 3 The December 2, 2019 renewal order was renewal order. On November 16, 2017, Blue Sky Five Ltd., and Blue Sky Six effective upon issuance and published in the a modification order issued to remove Ltd., all of the United Kingdom. The Federal Register on December 6, 2019 (84 FR Ali Eslamian, Equipco (UK) Ltd., and order was issued ex parte pursuant to 66873). Prior renewal orders issued on September Skyco (UK) Ltd. as related persons § 766.24(a) of the Regulations, and went 17, 2008, March 16, 2009, September 11, 2009, into effect on March 21, 2008, the date March 9, 2010, September 3, 2010, February 25, 2011, August 24, 2011, February 15, 2012, August with the Department of Justice and the Treasury it was published in the Federal 9, 2012, February 4, 2013, July 31, 2013, January 24, Department’s Office of Foreign Assets Control. Register. 2014, July 22, 2014, January 16, 2015, July 13, 2015, 6 See note 4, supra, concerning the addition of January 7, 2016, July 7, 2016, December 30, 2016, related persons to a temporary denial order. 1 The Regulations, currently codified at 15 CFR June 27, 2017, December 20, 2017, June 14, 2018, Kosarian Fard and Mahmoud Amini remain parties parts 730–774 (2020), originally issued pursuant to December 11, 2018, and June 5, 2019, respectively. to the TDO. On August 13, 2014, BIS and Gatewick the Export Administration Act (50 U.S.C. 4601– The August 24, 2011 renewal followed the issuance resolved administrative charges against Gatewick, 4623 (Supp. III 2015) (‘‘EAA’’), which lapsed on of a modification order that issued on July 1, 2011, including a charge for acting contrary to the terms August 21, 2001. The President, through Executive to add Zarand Aviation as a respondent. The July of a BIS denial order (15 CFR 764.2(k)). In addition Order 13222 of August 17, 2001 (3 CFR, 2001 13, 2015 renewal followed a modification order that to the payment of a civil penalty, the settlement Comp. 783 (2002)), as extended by successive issued May 21, 2015, and added Al Naser Airlines, includes a seven-year denial order. The first two Presidential Notices, continued the Regulations in Ali Abdullah Alhay, and Bahar Safwa General years of the denial period were active, with the effect under the International Emergency Economic Trading as respondents. Each of the renewal orders remaining five years suspended conditioned upon Powers Act (50 U.S.C. 1701, et seq. (2012)) and each of the modification orders referenced in Gatewick’s full and timely payment of the civil (‘‘IEEPA’’). On August 13, 2018, the President this footnote or elsewhere in this order has been penalty and its compliance with the Regulations signed into law the John S. McCain National published in the Federal Register. during the seven-year denial order period. This Defense Authorization Act for Fiscal Year 2019, 4 Pursuant to §§ 766.23 and 766.24(c) of the denial order, in effect, superseded the TDO as to which includes the Export Control Reform Act of Regulations, any person, firm, corporation, or Gatewick, which was not included as part of the 2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While business organization related to a denied person by January 16, 2015 renewal order. The Gatewick LLC Section 1766 of ECRA repeals the provisions of the affiliation, ownership, control, or position of Final Order was published in the Federal Register EAA (except for three sections which are responsibility in the conduct of trade or related on August 20, 2014. See 79 FR 49283 (Aug. 20, inapplicable here), Section 1768 of ECRA provides, services may be added as a ‘‘related person’’ to a 2014). in pertinent part, that all orders, rules, regulations, temporary denial order to prevent evasion of the 7 Zarand Aviation’s export privileges remained and other forms of administrative action that were order. denied until July 22, 2014, when it was not made or issued under the EAA, including as 5 Balli Group PLC and Balli Aviation settled included as part of the renewal order issued on that continued in effect pursuant to IEEPA, and were in proposed BIS administrative charges as part of a date. effect as of ECRA’s date of enactment (August 13, settlement agreement that was approved by a 8 The U.S. Department of the Treasury’s Office of 2018), shall continue in effect according to their settlement order issued on February 5, 2010. The Foreign Assets Control (‘‘OFAC’’) designated Sky terms until modified, superseded, set aside, or sanctions imposed pursuant to that settlement and Blue Bird and Issam Shammout as Specially revoked through action undertaken pursuant to the order included, inter alia, a $15 million civil Designated Global Terrorists (‘‘SDGTs’’) on May 21, authority provided under ECRA. Moreover, Section penalty and a requirement to conduct five external 2015, pursuant to Executive Order 13224, for 1761(a)(5) of ECRA authorizes the issuance of audits and submit related audit reports. The Balli ‘‘providing support to Iran’s Mahan Air.’’ See 80 FR temporary denial orders. Group Respondents also settled related charges 30762 (May 29, 2015).

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following a request by OEE for their ‘‘either that a violation is about to occur, them in violation of the Regulations and removal.9 or that the general circumstances of the the TDO,12 while also committing an The December 11, 2018 renewal order matter under investigation or case under additional knowing and willful continued the denial of the export criminal or administrative charges violation when it negotiated for and privileges of Mahan Airways, Pejman demonstrate a likelihood of future acquired an additional U.S.-origin Mahmood Kosarayanifard, Mahmoud violations.’’ Id. As to the likelihood of aircraft. The additional acquired aircraft Amini, Kerman Aviation, Sirjanco future violations, BIS may show that the was an MD–82 aircraft, which Trading LLC, Mahan Air General violation under investigation or charge subsequently was painted in Mahan Trading LLC, Mehdi Bahrami, Al Naser ‘‘is significant, deliberate, covert and/or Airways’ livery and flown on multiple Airlines, Ali Abdullah Alhay, Bahar likely to occur again, rather than Mahan Airways’ routes under tail Safwa General Trading, Sky Blue Bird technical or negligent [.]’’ Id. A ‘‘lack of number TC–TUA. Group, and Issam Shammout. information establishing the precise The March 9, 2010 renewal order also On May 6, 2020, BIS, through OEE, time a violation may occur does not noted that a court in the United submitted a written request for renewal preclude a finding that a violation is Kingdom (‘‘U.K.’’) had found Mahan of the TDO that issued on December 2, imminent, so long as there is sufficient Airways in contempt of court on 2019. The written request was made reason to believe the likelihood of a February 1, 2010, for failing to comply more than 20 days before the TDO’s violation.’’ Id. with that court’s December 21, 2009 and January 12, 2010 orders compelling scheduled expiration. Notice of the B. The TDO and BIS’s Request for Mahan Airways to remove the Boeing renewal request was provided to Mahan Renewal Airways, Al Naser Airlines, Ali 747s from Iran and ground them in the Abdullah Alhay, and Bahar Safwa OEE’s request for renewal is based Netherlands. Mahan Airways and the General Trading in accordance with upon the facts underlying the issuance Balli Group Respondents had been §§ 766.5 and 766.24(d) of the of the initial TDO, and the renewal and litigating before the U.K. court Regulations. No opposition to the modification orders subsequently issued concerning ownership and control of renewal of the TDO has been received. in this matter, including the May 21, Aircraft 1–3. In a letter to the U.K. court Furthermore, no appeal of the related 2015 modification order and the dated January 12, 2010, Mahan Airways’ person determinations made as part of renewal order issued on December 2, Chairman indicated, inter alia, that the September 3, 2010, February 25, 2019, and the evidence developed over Mahan Airways opposes U.S. 2011, August 24, 2011, April 9, 2012, the course of this investigation, which Government actions against Iran, that it February 4, 2013, and July 13, 2015 indicate a blatant disregard of U.S. continued to operate the aircraft on its renewal or modification orders has been export controls and the TDO. The initial routes in and out of Tehran (and had made by Kosarian Fard, Mahmoud TDO was issued as a result of evidence 158,000 ‘‘forward bookings’’ for these Amini, Kerman Aviation, Sirjanco that showed that Mahan Airways and aircraft), and that it wished to continue Trading LLC, Mahan Air General other parties engaged in conduct to do so and would pay damages if Trading LLC, Mehdi Bahrami, Sky Blue prohibited by the EAR by knowingly re- required by that court, rather than Bird Group, or Issam Shammout.10 exporting to Iran three U.S.-origin ground the aircraft. aircraft, specifically Boeing 747s The September 3, 2010 renewal order II. Renewal of the TDO (‘‘Aircraft 1–3’’), items subject to the discussed the fact that Mahan Airways’ A. Legal Standard EAR and classified under Export violations of the TDO extended beyond Control Classification Number operating U.S.-origin aircraft and Pursuant to § 766.24, BIS may issue or (‘‘ECCN’’) 9A991.b, without the required attempting to acquire additional U.S.- renew an order temporarily denying a U.S. Government authorization. Further origin aircraft. In February 2009, while respondent’s export privileges upon a evidence submitted by BIS indicated subject to the TDO, Mahan Airways showing that the order is necessary in that Mahan Airways was involved in the participated in the export of computer the public interest to prevent an attempted re-export of three additional motherboards, items subject to the ‘‘imminent violation’’ of the U.S.-origin Boeing 747s (‘‘Aircraft 4–6’’) Regulations and designated as EAR99, Regulations. 15 CFR 766.24(b)(1) and to Iran. from the United States to Iran, via the (d). ‘‘A violation may be ‘imminent’ As discussed in the September 17, United Arab Emirates (‘‘UAE’’), in either in time or degree of likelihood.’’ 2008 renewal order, evidence presented violation of both the TDO and the 15 CFR 766.24(b)(3). BIS may show by BIS indicated that Aircraft 1–3 Regulations, by transporting and/or continued to be flown on Mahan forwarding the computer motherboards 9 The November 16, 2017 modification was Airways’ routes after issuance of the published in the Federal Register on December 4, from the UAE to Iran. Mahan Airways’ 2017. See 82 FR 57203 (Dec. 4, 2017). On TDO, in violation of the Regulations and violations were facilitated by Gatewick September 28, 2017, BIS and Ali Eslamian resolved the TDO itself.11 It also showed that LLC, which not only participated in the an administrative charge for acting contrary to the Aircraft 1–3 had been flown in further transaction, but also has stated to BIS terms of the denial order (15 CFR 764.2(k)) that was violation of the Regulations and the based upon Eslamian’s violation of the TDO after that it acted as Mahan Airways’ sole his addition to the TDO on August 24, 2011. TDO on the routes of Iran Air, an booking agent for cargo and freight Equipco (UK) Ltd. and Skyco (UK) Ltd., two Iranian Government airline. Moreover, forwarding services in the UAE. companies owned and operated by Eslamian, also as discussed in the March 16, 2009, Moreover, in a January 24, 2011 filing were parties to the settlement agreement and were September 11, 2009 and March 9, 2010 added to the settlement order as related persons. In in the U.K. court, Mahan Airways addition to other sanctions, the settlement provides renewal orders, Mahan Airways asserted that Aircraft 1–3 were not being that Eslamian, Equipco, and Skyco shall be subject registered Aircraft 1–3 in Iran, obtained used, but stated in pertinent part that to a conditionally-suspended denial order for a Iranian tail numbers for them (EP–MNA, the aircraft were being maintained in period of four years from the date of the settlement EP–MNB, and EP–MNE, respectively), order. Iran especially ‘‘in an airworthy 10 A party named or added as a related person and continued to operate at least two of may not oppose the issuance or renewal of the 12 The third Boeing 747 appeared to have underlying temporary denial order, but may file an 11 Engaging in conduct prohibited by a denial undergone significant service maintenance and may appeal of the related person determination in order violates the Regulations. 15 CFR 764.2(a) and not have been operational at the time of the March accordance with § 766.23(c). See also note 2, supra. (k). 9, 2010 renewal order.

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condition’’ and that, depending on the Airways had acquired another Airbus Logistics Havacilik Turizm Yonetim outcome of its U.K. court appeal, the A310 aircraft subject to the Regulations, Danismanlik (‘‘Pioneer Logistics’’), an aircraft ‘‘could immediately go back into with MSN 499 and Iranian tail number aircraft parts supplier located in Turkey, service . . . on international routes into EP–VIP, in violation of the and its director/operator, Gulnihal and out of Iran.’’ Mahan Airways’ Regulations.16 On September 19, 2012, Yegane, a Turkish national who January 24, 2011 submission to U.K. all three Airbus A310 aircraft (tail previously had conducted Mahan Court of Appeal, at p. 25, ¶¶ 108, 110. numbers F–OJHH, F–OJHI, and EP–VIP) related business with Mehdi Bahrami This clearly stated intent, both on its were designated as SDGTs.17 and Ali Eslamian. Moreover, as own and in conjunction with Mahan The February 4, 2013 renewal order referenced in the July 31, 2013 renewal Airways’ prior misconduct and laid out further evidence of continued order, a sworn affidavit by Kosol statements, demonstrated the need to and additional efforts by Mahan Surinanda, also known as Kosol renew the TDO in order to prevent Airways and other persons acting in Surinandha, Managing Director of imminent future violations. Two of concert with Mahan, including Kral Mahan’s General Sales Agent in these three 747s subsequently were Aviation and another Turkish company, Thailand, stated that the shares of removed from Iran and are no longer in to procure U.S.-origin engines—two GE Pioneer Logistics for which he was the Mahan Airways’ possession. The third CF6–50C2 engines, with MSNs 517621 listed owner were ‘‘actually the property of these 747s remained in Iran under and 517738, respectively—and other of and owned by Mahan.’’ He further Mahan’s control. Pursuant to Executive aircraft parts in violation of the TDO stated that he held ‘‘legal title to the Order 13224, it was designated a and the Regulations.18 The February 4, shares until otherwise required by Specially Designated Global Terrorist 2013 order also added Mehdi Bahrami Mahan’’ but would ‘‘exercise the rights (‘‘SDGT’’) by the U.S. Department of the as a related person in accordance with granted to [him] exactly and only as Treasury’s Office of Foreign Assets § 766.23 of the Regulations. Bahrami, a instructed by Mahan and [his] vote and/ Control (‘‘OFAC’’) on September 19, Mahan Vice-President and the head of or decisions [would] only and 2012.13 Furthermore, as discussed in the Mahan’s Istanbul Office, also was exclusively reflect the wills and February 4, 2013 Order, open source involved in Mahan’s acquisition of the demands of Mahan[.]’’ 19 original three Boeing 747s (Aircraft 1–3) information indicated that this 747, The January 24, 2014 renewal order painted in the livery and logo of Mahan that resulted in the original TDO, and outlined OEE’s continued investigation Airways, had been flown between Iran has had a business relationship with of Mahan Airways’ activities and and Syria, and was suspected of ferrying Mahan dating back to 1997. detailed an attempt by Mahan, which weapons and/or other equipment to the The July 31, 2013 renewal order OEE thwarted, to obtain, via an Syrian Government from Iran’s Islamic detailed additional evidence obtained Indonesian aircraft parts supplier, two Revolutionary Guard Corps. by OEE showing efforts by Mahan In addition, as first detailed in the Airways to obtain another GE CF6–50C2 U.S.-origin Honeywell ALF–502R–5 July 1, 2011 and August 24, 2011 orders, aircraft engine (MSN 528350) from the aircraft engines (MSNs LF5660 and and discussed in subsequent renewal United States via Turkey. Multiple LF5325), items subject to the orders in this matter, Mahan Airways Mahan employees, including Mehdi Regulations, from a U.S. company also continued to evade U.S. export Bahrami, were involved in or aware of located in Texas. An invoice of the control laws by operating two Airbus matters related to the engine’s arrival in Indonesian aircraft parts supplier dated A310 aircraft, bearing Mahan Airways’ Turkey from the United States, plans to March 27, 2013, listed Mahan Airways livery and logo, on flights into and out visually inspect the engine, and prepare as the purchaser of the engines and of Iran.14 At the time of the July 1, 2011 it for shipment from Turkey. included a Mahan ship-to address. OEE and August 24, 2011 orders, these Mahan Airways sought to obtain this also obtained a Mahan air waybill dated Airbus A310s were registered in France, U.S.-origin engine through Pioneer March 12, 2013, listing numerous U.S.- with tail numbers F–OJHH and F–OJHI, origin aircraft parts subject to the respectively.15 The August 2012 16 See note 14, supra. Regulations—including, among other renewal order also found that Mahan 17 See http://www.treasury.gov/resource-center/ items, a vertical navigation gyroscope, a sanctions/OFAC-Enforcement/pages/ transmitter, and a power control unit— 20120919.aspx. Mahan Airways was previously 13 See http://www.treasury.gov/resource-center/ designated by OFAC as a SDGT on October 18, being transported by Mahan from sanctions/OFAC-Enforcement/pages/ 2011. 77 FR 64427 (October 18, 2011). Turkey to Iran in violation of the TDO. 20120919.aspx. 18 Kral Aviation was referenced in the February The July 22, 2014 renewal order 14 The Airbus A310s are powered with U.S.-origin 4, 2013 renewal order as ‘‘Turkish Company No. 1.’’ engines. The engines are subject to the Regulations Kral Aviation purchased a GE CF6–50C2 aircraft discussed open source evidence from and classified under Export Control Classification engine (MSN 517621) from the United States in July the March–June 2014 time period (‘‘ECCN’’) 9A991.d. The Airbus A310s contain 2012, on behalf of Mahan Airways. OEE was able regarding two BAE regional jets, items controlled U.S.-origin items valued at more than 10 to prevent this engine from reaching Mahan by subject to the Regulations, that were percent of the total value of the aircraft and as a issuing a redelivery order to the freight forwarder result are subject to the Regulations. They are in accordance with § 758.8 of the Regulations. OEE painted in the livery and logo of Mahan classified under ECCN 9A991.b. The export or also issued Kral Aviation a redelivery order for the Airways and operating under Iranian reexport of these aircraft to Iran requires U.S. second CF6–50C2 engine (MSN 517738) on July 30, tail numbers EP–MOI and EP–MOK, Government authorization pursuant to §§ 742.8 and 2012. The owner of the second engine subsequently respectively.20 In addition, aviation 746.7 of the Regulations. cancelled the item’s sale to Kral Aviation. In 15 OEE subsequently presented evidence that after September 2012, OEE was alerted by a U.S. exporter the August 24, 2011 renewal, Mahan Airways that another Turkish company (‘‘Turkish Company 19 Pioneer Logistics, Gulnihal Yegane, and Kosol worked along with Kerman Aviation and others to No. 2’’) was attempting to purchase aircraft spare Surinanda also were added to the Entity List on de-register the two Airbus A310 aircraft in France parts intended for re-export by Turkish Company December 12, 2013. See 78 FR 75458 (Dec. 12, and to register both aircraft in Iran (with, No. 2 to Mahan Airways. See February 4, 2013 2013). respectively, Iranian tail numbers EP–MHH and renewal order. 20 The BAE regional jets are powered with U.S.- EP–MHI). It was determined subsequent to the On December 31, 2013, Kral Aviation was added origin engines. The engines are subject to the EAR February 15, 2012 renewal order that the to BIS’s Entity List, Supplement No. 4 to part 744 and classified under ECCN 9A991.d. These aircraft registration switch for these A310s was cancelled of the Regulations. See 78 FR 75458 (Dec. 12, 2013). contain controlled U.S.-origin items valued at more and that Mahan Airways then continued to fly the Companies and individuals are added to the Entity than 10 percent of the total value of the aircraft and aircraft under the original French tail numbers (F– List for engaging in activities contrary to the as a result are subject to the EAR. They are OJHH and F–OJHI, respectively). Both aircraft national security or foreign policy interests of the classified under ECCN 9A991.b. The export or apparently remain in Mahan Airways’ possession. United States. See 15 CFR 744.11. reexport of these aircraft to Iran requires U.S.

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industry resources indicated that these Additionally, on August 29, 2014, information for these aircraft similarly aircraft were obtained by Mahan OFAC blocked the property and revealed EFTs from Ali Abdullah Alhay Airways in late November 2013 and interests in property of Asian Aviation and Bahar Safwa General Trading that June 2014, from Ukrainian Logistics of Thailand, a Mahan Airways follow the pattern described for MSNs Mediterranean Airline, a Ukrainian affiliate or front company, pursuant to 164 and 550, supra. MSNs 82 and 99 airline that was added to BIS’s Entity Executive Order 13224. In doing so, were detained by OEE Special Agents List (Supplement No. 4 to part 744 of OFAC described Mahan Airways’ use of prior to their planned export from the the Regulations) on August 15, 2011, for Asian Aviation Logistics to evade United States. acting contrary to the national security sanctions by making payments on behalf The July 13, 2015 renewal order and foreign policy interests of the of Mahan for the purchase of engines outlined evidence showing that Al United States.21 Open source and other equipment.22 Naser Airlines’ attempts to acquire information indicated that at least EP– The May 21, 2015 modification order aircraft on behalf of Mahan Airways MOI remained active in Mahan’s fleet, detailed the acquisition of two aircraft, extended beyond MSNs 164 and 550 to and that the aircraft was being operated specifically an Airbus A340 bearing include a total of nine aircraft.26 Four of on multiple flights in July 2014. MSN 164 and an Airbus A321 bearing the aircraft, all of which are subject to The January 16, 2015 renewal order MSN 550, that were purchased by Al the Regulations and were obtained by detailed evidence of additional attempts Naser Airlines in late 2014/early 2015 Mahan from Al Naser Airlines, had been by Mahan Airways to acquire items and were under the possession, control, issued the following Iranian tail 23 subject the Regulations in further and/or ownership of Mahan Airways. numbers: EP–MMD (MSN 164), EP– violation of the TDO. Specifically, in The sales agreements for these two MMG (MSN 383), EP–MMH (MSN 391) March 2014, OEE became aware of an aircraft were signed by Ali Abdullah and EP–MMR (MSN 416), 24 27 inertial reference unit bearing serial Alhay for Al Naser Airlines. Payment respectively. Publicly available flight number 1231 (‘‘the IRU’’) that had been information reveals that multiple tracking information provided evidence sent to the United States for repair. The electronic funds transfers (‘‘EFT’’) were that at the time of the July 13, 2015 IRU is a U.S.-origin item, subject to the made by Ali Abdullah Alhay and Bahar renewal, both EP–MMH and EP–MMR Regulations, classified under ECCN Safwa General Trading in order to were being actively flown on routes into 7A103, and controlled for missile acquire MSNs 164 and 550. The May 21, and out of Iran in violation of the 28 technology reasons. Upon closer 2015 modification order also laid out Regulations. The January 7, 2016 inspection, it was determined that IRU evidence showing the respondents’ renewal order discussed evidence that came from or had been installed on an attempts to obtain other controlled Mahan Airways had begun actively Airbus A340 aircraft bearing MSN 056. aircraft, including aircraft physically flying EP–MMD on international routes Further investigation revealed that as of located in the United States in similarly- into and out of Iran. Additionally, the approximately February 2014, this patterned transactions during the same January 7, 2016 order described publicly aircraft was registered under Iranian tail recent time period. Transactional available aviation database and flight number EP–MMB and had been painted documents involving two Airbus A320s tracking information indicating that in the livery and logo of Mahan bearing MSNs 82 and 99, respectively, Airways. again showed Ali Abdullah Alhay location. The aircraft are classified under ECCN signing sales agreements for Al Naser 9A991.b. The export or re-export of these aircraft to The January 16, 2015 renewal order 25 Iran requires U.S. Government authorization also described related efforts by the Airlines. A review of the payment pursuant to §§ 742.8 and 746.7 of the Regulations. Departments of Justice and Treasury to 26 This evidence included a press release dated 22 See http://www.treasury.gov/resource-center/ May 9, 2015, that appeared on Mahan Airways’ further thwart Mahan’s illicit sanctions/OFAC-Enforcement/Pages/ website and stated that Mahan ‘‘added 9 modern procurement efforts. Specifically, on 20140829.aspx. See 79 FR 55073 (Sep. 15, 2014). aircraft to its air fleet [,]’’ and that the newly August 14, 2014, the United States OFAC also blocked the property and property acquired aircraft included eight Airbus A340s and Attorney’s Office for the District of interests of Pioneer Logistics of Turkey on August one Airbus A321. See http://www.mahan.aero/en/ 29, 2014. Id. Mahan Airways’ use of Pioneer mahan-air/press-room/44. The press release was Maryland filed a civil forfeiture Logistics in an effort to evade the TDO and the subsequently removed from Mahan Airways’ complaint for the IRU pursuant to 22 Regulations was discussed in a prior renewal order, website. Publicly available aviation databases U.S.C. 401(b) that resulted in the court as summarized, supra, at 14. BIS added both Asian similarly showed that Mahan had obtained nine issuing an Order of Forfeiture on Aviation Logistics and Pioneer Logistics to the additional aircraft from Al Naser Airlines in May Entity List on December 12, 2013. See 78 FR 75458 2015, including MSNs 164 and 550. As also December 2, 2014. EP–MMB remains (Dec. 12, 2013). discussed in the July 13, 2015 renewal order, Sky listed as active in Mahan Airways’ fleet 23 Both of these aircraft are powered by U.S.- Blue Bird Group, via Issam Shammout, was actively and has been used on flights into and origin engines that are subject to the Regulations involved in Al Naser Airlines’ acquisition of MSNs out of Iran as recently as December 19, and classified under ECCN 9A991.d. Both aircraft 164 and 550, and the attempted acquisition of 2017. contain controlled U.S.-origin items valued at more MSNs 82 and 99 (which were detained by OEE). than 10 percent of the total value of the aircraft and 27 The Airbus A340s are powered by U.S.-origin as a result are subject to the EAR regardless of their engines that are subject to the Regulations and Government authorization pursuant to §§ 742.8 and location. The aircraft are classified under ECCN classified under ECCN 9A991.d. The Airbus A340s 746.7 of the Regulations. 9A991.b. The export or re-export of these aircraft to contain controlled U.S.-origin items valued at more 21 See 76 FR 50407 (Aug. 15, 2011). The July 22, Iran requires U.S. Government authorization than 10 percent of the total value of the aircraft and 2014 renewal order also referenced two Airbus pursuant to §§ 742.8 and 746.7 of the Regulations. as a result are subject to the EAR regardless of their A320 aircraft painted in the livery and logo of 24 The evidence obtained by OEE showed Ali location. The aircraft are classified under ECCN Mahan Airways and operating under Iranian tail Abdullah Alhay as a 25% owner of Al Naser 9A991.b. The export or re-export of these aircraft to numbers EP–MMK and EP–MML, respectively. Airlines. Iran requires U.S. Government authorization OEE’s investigation also showed that Mahan 25 Both aircraft were physically located in the pursuant to §§ 742.8 and 746.7 of the Regulations. obtained these aircraft in November 2013, from United States and therefore are subject to the 28 There is some publicly available information Khors Air Company, another Ukrainian airline that, Regulations pursuant to § 734.3(a)(1). Moreover, indicating that the aircraft Mahan Airways is flying like Ukrainian Mediterranean Airlines, was added these Airbus A320s are powered by U.S.-origin under Iranian tail number EP–MMR is now MSN to BIS’s Entity List on August 15, 2011. Open engines that are subject to the Regulations and 615, rather than MSN 416. Both aircraft are Airbus source evidence indicates the two Airbus A320 classified under Export Control Classification A340 aircraft that Mahan acquired from Al Naser aircraft may have been transferred by Mahan Number ECCN 9A991.d. The Airbus A320s contain Airlines in violation of the Regulations. Moreover, Airways to another Iranian airline in October 2014, controlled U.S.-origin items valued at more than 10 both aircraft were designated as SDGTs by OFAC and issued Iranian tail numbers EP–APE and EP– percent of the total value of the aircraft and as a on May 21, 2015, pursuant to Executive Order APF, respectively. result are subject to the EAR regardless of their 13224. See 80 FR 30762 (May 29, 2015).

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Mahan Airways continued efforts to The December 20, 2017 renewal order Turkey, as an SDGT pursuant to acquire Iranian tail numbers and press presented evidence that a Mahan Executive Order 13224, for providing into active service under Mahan’s livery employee attempted to initiate material support to Mahan, as well as and logo at least two more of the Airbus negotiations with a U.S. company for OFAC’s designation as SDGTs of an A340 aircraft it had obtained from or the purchase of an aircraft subject to the additional twelve aircraft in which through Al Naser Airlines: EP–MME Regulations and classified under ECCN Mahan has an interest.33 The June 14, (MSN 371) and EP–MMF (MSN 376), 9A610. Moreover, the order highlighted 2018 order also cited the April 2018 respectively. Al Naser Airlines’ acquisition, via lease, arrest and arraignment of a U.S. citizen The July 7, 2016 renewal order of at least possession and/or control of on a three-count criminal information described Mahan Airways’ acquisition a Boeing 737 (MSN 25361), bearing tail filed in the United States District Court of a BAE Avro RJ–85 aircraft (MSN number YR–SEB, and an Airbus A320 for the District of New Jersey involving 2392) in violation of the Regulations (MSN 357), bearing tail number YR– the unlicensed exports of U.S.-origin and its subsequent registration under SEA, from a Romanian company in aircraft parts valued at over $2 million 29 Iranian tail number EP–MOR. This violation of the TDO and the to Iran, including to Mahan Airways. information was corroborated by Regulations.31 Open source information publicly available information on the indicates that after the December 20, The December 11, 2018 renewal order website of Iran’s civil aviation authority. 2017 renewal order publicly exposed Al detailed publicly available information The July 7, 2016 order also outlined Naser’s acquisition of these two aircraft showing that Mahan Airways had Mahan’s continued operation of EP– (MSNs 25361 and 357), the leases were continued operating a number of aircraft MMF in violation of the Regulations on subsequently cancelled and the aircraft subject to the EAR, including, but not routes from Tehran, Iran to Beijing, returned to their owner. limited to, EP–MMB, EP–MME, EP– China and Shanghai, China, The December 20, 2017 renewal order MMF, and EP–MMQ, on international respectively. also included evidence indicating that flights into and out of Iran from/to The December 30, 2016 renewal order Mahan Airways was continuing to Istanbul, Turkey, Guangzhou, China, outlined Mahan’s continued operation operate a number of aircraft subject to Bangkok, Thailand, and Dubai, UAE.34 of multiple Airbus aircraft, including the Regulations, including aircraft It also discussed that OEE’s continued EP–MMD (MSN 164), EP–MMF (MSN originally procured from or through Al investigation of Mahan Airways and its 376), and EP–MMH (MSN 391), which Naser Airlines, on flights into and out affiliates and agents had resulted in an were acquired from or through Al Naser of Iran, including from/to Lahore, October 2018 guilty plea by Arzu Airlines, as previously detailed in Pakistan, Shanghai, China, Ankara, Sagsoz, a Turkish national, in the U.S. pertinent part in the July 13, 2015 and Turkey, Kabul, Afghanistan, and District Court for the District of January 7, 2016 renewal orders. Publicly Baghdad, Iraq. Columbia, stemming from her available flight tracking information The June 14, 2018 renewal order involvement in a conspiracy to export a showed that the aircraft were operated outlined evidence that Mahan began U.S.-origin aircraft engine, valued at on flights into and out of Iran, including actively operating EP–MMT, an Airbus approximately $810,000, to Mahan. from/to Beijing, China, Kuala Lumpur, A340 aircraft (MSN 292) acquired in The December 11, 2018 order also Malaysia, and Istanbul, Turkey.30 2017 and previously registered in noted OFAC’s September 14, 2018 The June 27, 2017 renewal order Kazakhstan under tail number UP– designation of Mahan-related entities as included similar evidence regarding A4003, on international flights into and SDGTs pursuant to Executive Order 32 Mahan Airways’ operation of multiple out of Iran. It also discussed evidence 13224, namely, My Aviation Company Airbus aircraft subject to the that Mahan continued to operate a Limited, of Thailand, and Mahan Travel Regulations, including, but not limited number of aircraft subject to the and Tourism SDN BHD, a/k/a Mahan to, aircraft procured from or through Al Regulations, including, but not limited Travel a/k/a Mihan Travel & Tourism Naser Airlines, on flights into and out to, EP–MME, EP–MMF, and EP–MMH, of Iran, including from/to Moscow, on international flights into and out of 33 See 83 FR 27828 (June 14, 2018). OFAC’s Russia, Shanghai, China and Kabul, Iran, including from/to Beijing, China. related press release stated in part that ‘‘[o]ver the Afghanistan. The June 27, 2017 order The June 14, 2018 renewal order also last several years, Otik Aviation has procured and also detailed evidence concerning a noted OFAC’s May 24, 2018 designation delivered millions of dollars in aviation-related of Otik Aviation, a/k/a Otik Havacilik spare and replacement parts for Mahan Air, some suspected planned or attempted of which are procured from the United States and diversion to Mahan of an Airbus A340 Sanayi Ve Ticaret Limited Sirketi, of the European Union. As recently as 2017, Otik subject to the Regulations that had first Aviation continued to provide Mahan Air with been mentioned in OEE’s December 13, 31 The Airbus A320 is powered with U.S.-origin replacement parts worth well over $100,000 per engines, which are subject to the EAR and classified shipment, such as aircraft brakes.’’ The twelve 2016 renewal request. under Export Control Classification (‘‘ECCN’’) additional Mahan-related aircraft that were 9A991.d. The engines are valued at more than 10 designated are: EP–MMA (MSN 20), EP–MMB 29 The BAE Avro RJ–85 is powered by U.S.-origin percent of the total value of the aircraft, which (MSN 56), EP–MMC (MSN 282), EP–MMJ (MSN engines that are subject to the Regulations and consequently is subject to the EAR. The aircraft is 526), EP–MMV (MSN 2079), EP–MNF (MSN 547), classified under ECCN 9A991.d. The BAE Avro RJ– classified under ECCN 9A991.b, and its export or EP–MOD (MSN 3162), EP–MOM (MSN 3165), EP– 85 contains controlled U.S.-origin items valued at reexport to Iran would require U.S. Government MOP (MSN 2257), EP–MOQ (MSN 2261), EP–MOR more than 10 percent of the total value of the authorization pursuant to §§ 742.8 and 746.7 of the (MSN 2392), and EP–MOS (MSN 2347). See https:// aircraft and as a result is subject to the EAR Regulations. home.treasury.gov/news/press-releases/sm0395. See regardless of its location. The aircraft is classified 32 The Airbus A340 is powered by U.S.-origin also https://www.treasury.gov/resource-center/ under ECCN 9A991.b, and its export or re-export to engines that are subject to the Regulations and sanctions/OFAC-Enforcement/Pages/ Iran requires U.S. Government authorization classified under ECCN 9A991.d. The Airbus A340 20180524.aspx. pursuant to §§ 742.8 and 746.7 of the Regulations. contains controlled U.S.-origin items valued at 34 Flight tracking information showed that on 30 Specifically, on December 22, 2016, EP–MMD more than 10 percent of the total value of the December 10, 2018, EP–MMB (MSN 56) flew from (MSN 164) flew from Dubai, UAE to Tehran, Iran. aircraft and as a result is subject to the Regulations Istanbul, Turkey to Tehran, Iran, and EP–MME Between December 20 and December 22, 2016, EP– regardless of its location. The aircraft is classified (MSN 371) flew from Guangzhou, China to Tehran, MMF (MSN 376) flew on routes from Tehran, Iran under ECCN 9A991.b. The export or re-export of Iran. Additionally, on December 6, 2018, EP–MMF to Beijing, China and Istanbul, Turkey, respectively. this aircraft to Iran requires U.S. Government (MSN 376) flew from Bangkok, Thailand to Tehran, Between December 26 and December 28, 2016, EP– authorization pursuant to §§ 742.8 and 746.7 of the Iran, and on December 9, 2018, EP–MMQ (MSN MMH (MSN 391) flew on routes from Tehran, Iran Regulations. On June 4, 2018, EP–MMT (MSN 292) 449) flew on routes between Dubai, United Arab to Kuala Lumpur, Malaysia. flew from Bangkok, Thailand to Tehran, Iran. Emirates and Tehran, Iran.

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SDN BHD, of Malaysia.35 As general Travel LLC, which is Mahan’s general OEE’s May 6, 2020 renewal request sales agents for Mahan Airways, these service agent in Yerevan, Armenia, and and on-going investigation further companies sold cargo space aboard Qeshm Fars Air, an Iranian airline demonstrate the nature of Mahan Mahan Airways’ flights, including on which operates two U.S.-origin Boeing Airway’s prior actions and its continued flights to Iran, and provided other 747s 39 and is owned or controlled by actions in violation of the TDO and the services to or for benefit of Mahan Mahan, and also linked to the Islamic Regulations, both directly and through Airways and its operations.36 Revolutionary Guard Corps-Qods Force its widespread network of procurement The June 5, 2019 renewal order (IRGC–QF).40 agents, front companies, and highlighted Mahan’s continued The December 2, 2019 renewal order intermediaries. violation of the TDO and the noted that OEE’s on-going investigation Subsequent to the December 2, 2019 Regulations. An end-use check revealed that U.S.-origin passenger renewal, Ali Abdullah Alhay and Issam conducted by BIS in Malaysia in March flight and database management Shammout, parties added to the TDO in 2019 uncovered evidence that, on software subject to the Regulations was May and July 2015, respectively, were approximately ten occasions, Mahan provided to a company in Turkey and each indicted on 17 counts in the had caused, aided and/or abetted the subsequently used to facilitate and United States District Court for the unlicensed export of U.S.-origin items service Mahan’s operations into and out District of Columbia. Alhay and subject to the Regulations from the of Turkey in further violation of the Shammout were charged with, among United States to Iran via Malaysia. The Regulations. other violations, conspiring to export items included helicopter shafts, Additionally, open source aircraft and parts to Mahan in violation transmitters, and other aircraft parts, information, including flight tracking of export control laws and the embargo some of which are listed on the data and news articles published in on Iran beginning around August 2012 Commerce Control List and controlled October 2019, showed that Mahan through May 2015. Mahan Airways also on anti-terrorism grounds. The June 5, Airways was now operating a U.S.- continues to violate the TDO by 2019 order also detailed publicly origin Boeing 747 on routes between operating a number of aircraft subject to available flight tracking information Iranian airports in Tehran, Kish Island, the Regulations, including, but not showing that Mahan continues to and Mashhad. This aircraft, bearing limited to, EP–MMD, EP–MMF, and EP– unlawfully operate a number of aircraft Iranian tail number EP–MNB, appears to MMI, aircraft originally acquired from subject to the EAR on flights into and be one of the three aircraft that Mahan Al Naser Airlines, on international out of Iran, including on routes to and illegally acquired via Blue Airways of flights into and out of Iran from/to 37 from Damascus Syria. Armenia and U.K.-based Balli Group Bangkok, Thailand, Dubai, UAE, and The June 5, 2019 order also described that resulted in the issuance of the 41 Shanghai, China. These flights have actions taken by both BIS and OFAC to original TDO. See supra at 10–12. continued since the renewal request was Evidence was also described in the thwart efforts by entities connected to or submitted, including May 8–10, 2020.43 acting on behalf of Mahan Airways to December 2, 2019 renewal order Finally, OEE is continuing its efforts showing that on or about November 11, violate U.S. export controls and to disrupt Mahan’s acquisition of 2019, Mahan caused, aided and/or sanctions related to Iran. On May 14, aircraft and parts subject to the abetted the unlicensed export of a U.S.- 2019, BIS added Manohar Nair, Basha Regulations as well as its role in origin atomic absorption spectrometer, Asmath Shaikh, and two co-located transporting or forwarding items subject an item subject to the Regulations, from companies that they operate, Emirates to the Regulations from destinations the United States to Iran via the UAE. Hermes General Trading and Presto including, but not limited to, Malaysia Finally, publicly-available flight Freight International, LLC, to the Entity to Iran. List pursuant to § 744.11 of the tracking information showed that Regulations, including for engaging in Mahan continued to unlawfully operate C. Findings activities to procure U.S.-origin items on a number of aircraft subject to the EAR Under the applicable standard set 38 Mahan’s behalf. On January 24, 2019, on flights into and out of Iran, including forth in § 766.24 of the Regulations and OFAC designated as SDGTs Flight on routes to and from Guangzhou, my review of the entire record, I find China, Istanbul, Turkey, and Kuala that the evidence presented by BIS 35 See 83 FR 34301 (July 19, 2018) (designation Lumpur, Malaysia.42 of Mahan Travel and Tourism SDN BHD on July 9, convincingly demonstrates that the denied persons have acted in violation 2018), and 83 FR 53359 (Oct. 22, 2018) (designation 39 These 747s are registered in Iran with tail of My Aviation Company Limited and updating of numbers EP–FAA and EP–FAB, respectively. of the Regulations and the TDO; that entry for Mahan Travel and Tourism SDN BHD on 40 OFAC’s press release concerning these such violations have been significant, September 14, 2018). designations states that Qeshm Fars Air was being deliberate and covert; and that given the 36 OFAC’s press release concerning its designated for ‘‘being owned or controlled by foregoing and the nature of the matters designation of My Aviation Company Limited on Mahan Air, as well as for assisting in, sponsoring, September 14, 2018, states in part that [t]his or providing financial, material or technological under investigation, there is a likelihood Thailand-based company has disregarded numerous support for, or financial or other services to or in of imminent violations. Therefore, U.S. warnings, issued publicly and delivered support of, the IRGC–QF,’’ and that Flight Travel renewal of the TDO is necessary in the bilaterally to the Thai government, to sever ties LLC was being designated for ‘‘acting for or on with Mahan Air.’’ My Aviation provides cargo behalf of Mahan Air.’’ It further states, inter alia, services to Mahan Airways, including freight that ‘‘Mahan Air employees fill Qeshm Fars Air 371) flew from Guangzhou, China to Tehran, Iran, booking, and works with local freight forwarding management positions, and Mahan Air provides and on November 21, 2019, EP–MMF (MSN 376) entities to ship cargo on regularly-scheduled Mahan technical and operational support for Qeshm Fars flew on routes between Istanbul, Turkey and Airways’ flights to Tehran, Iran. My Aviation has Air, facilitating the airline’s illicit operations.’’ See Tehran, Iran. Additionally, on November 20, 2019, also provided Mahan Airways with passenger https://home.treasury.gov/news/press-releases/ EP–MMQ (MSN 449) flew from Kuala Lumpur, booking services. See https://home.treasury.gov/ sm590. See also https://www.treasury.gov/resource- Malaysia, to Tehran, Iran. news/press-releases/sm484. center/sanctions/OFAC-Enforcement/Pages/ 43 Publicly available flight tracking information 37 Specifically, on May 26, 2019, EP–MMJ (MSN 20190124.aspx. shows that on May 8, 2020, EP–MMD (MSN 164) 526) flew from Damascus, Syria to Tehran, Iran. In 41 The same open sources indicate this aircraft flew on routes between Bangkok, Thailand and addition, on May 24, 2019, EP–MNF (MSN 547) continues to operate on flights within Iran to Tehran, Iran, and on May 10, 2020, EP–MMF (MSN flew on routes between Moscow, Russia and include a May 11, 2020 flight from Tehran, Iran to 376) flew on routes between Dubai, UAE and Tehran, and on May 23, 2019, EP–MMF (MSN 376) Kerman, Iran. Tehran. In addition, on May 9, 2020, EP–MMI flew from Dubai, UAE to Tehran. 42 Publicly-available flight tracking information (MSN 416) flew on routes between Shanghai, China 38 See 84 FR 21233 (May 14, 2019). shows that on November 23, 2019, EP–MME (MSN and Tehran.

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public interest to prevent imminent ISAM MUHAMMAD ANWAR NUR been or will be exported from the violation of the Regulations and to give SHAMMOUT A/K/A ISSAM ANWAR, United States and which is owned, notice to companies and individuals in Philips Building, 4th Floor, Al Fardous possessed or controlled by a Denied the United States and abroad that they Street, Damascus, Syria, and Al Kolaa, Person, or service any item, of whatever should continue to avoid dealing with Beirut, Lebanon 151515, and 17–18 origin, that is owned, possessed or Mahan Airways and Al Naser Airlines Margaret Street, 4th Floor, London, controlled by a Denied Person if such and the other denied persons, in W1W 8RP, United Kingdom, and service involves the use of any item connection with export and reexport Cumhuriyet Mah. Kavakli San St. Fulya, subject to the EAR that has been or will transactions involving items subject to Cad. Hazar Sok. No.14/A Silivri, be exported from the United States. For the Regulations and in connection with Istanbul, Turkey, and when acting for or purposes of this paragraph, servicing any other activity subject to the on their behalf, any successors or means installation, maintenance, repair, Regulations. assigns, agents, or employees (each a modification or testing. ‘‘Denied Person’’ and collectively the Third, that, after notice and IV. Order ‘‘Denied Persons’’) may not, directly or opportunity for comment as provided in It is therefore ordered: First, that indirectly, participate in any way in any § 766.23 of the EAR, any other person, MAHAN AIRWAYS, Mahan Tower, No. transaction involving any commodity, firm, corporation, or business 21, Azadegan St., M.A. Jenah Exp. Way, software or technology (hereinafter organization related to a Denied Person Tehran, Iran; PEJMAN MAHMOOD collectively referred to as ‘‘item’’) by ownership, control, position of KOSARAYANIFARD A/K/A exported or to be exported from the responsibility, affiliation in the conduct KOSARIAN FARD, P.O. Box 52404, United States that is subject to the of trade or business may also be made Dubai, United Arab Emirates; Export Administration Regulations subject to the provisions of this Order. MAHMOUD AMINI, G#22 Dubai (‘‘EAR’’), or in any other activity subject Fourth, that this Order does not Airport Free Zone, P.O. Box 393754, to the EAR including, but not limited to: prohibit any export, reexport, or other Dubai, United Arab Emirates, and P.O. A. Applying for, obtaining, or using transaction subject to the EAR where the Box 52404, Dubai, United Arab any license, license exception, or export only items involved that are subject to Emirates, and Mohamed Abdulla Alqaz control document; the EAR are the foreign-produced direct Building, Al Maktoum Street, Al Rigga, B. Carrying on negotiations product of U.S.-origin technology. Dubai, United Arab Emirates; KERMAN concerning, or ordering, buying, In accordance with the provisions of AVIATION A/K/A GIE KERMAN receiving, using, selling, delivering, § 766.24(e) of the EAR, Mahan Airways, AVIATION, 42 Avenue Montaigne storing, disposing of, forwarding, Al Naser Airlines, Ali Abdullah Alhay, 75008, Paris, France; SIRJANCO transporting, financing, or otherwise and/or Bahar Safwa General Trading TRADING LLC, P.O. Box 8709, Dubai, servicing in any way, any transaction may, at any time, appeal this Order by United Arab Emirates; MAHAN AIR involving any item exported or to be filing a full written statement in support GENERAL TRADING LLC, 19th Floor Al exported from the United States that is of the appeal with the Office of the Moosa Tower One, Sheik Zayed Road, subject to the EAR, or engaging in any Administrative Law Judge, U.S. Coast Dubai 40594, United Arab Emirates; other activity subject to the EAR; or Guard ALJ Docketing Center, 40 South MEHDI BAHRAMI, Mahan Airways- C. Benefitting in any way from any Gay Street, Baltimore, Maryland 21202– Istanbul Office, Cumhuriye Cad. Sibil transaction involving any item exported 4022. In accordance with the provisions Apt No: 101 D:6, 34374 Emadad, Sisli or to be exported from the United States of §§ 766.23(c)(2) and 766.24(e)(3) of the Istanbul, Turkey; AL NASER AIRLINES that is subject to the EAR, or from any EAR, Pejman Mahmood Kosarayanifard, A/K/A AL–NASER AIRLINES A/K/A other activity subject to the EAR. Mahmoud Amini, Kerman Aviation, AL NASER WINGS AIRLINE A/K/A Second, that no person may, directly Sirjanco Trading LLC, Mahan Air ALNASER AIRLINES AND AIR or indirectly, do any of the following: General Trading LLC, Mehdi Bahrami, FREIGHT LTD., Home 46, Al-Karrada, A. Export or reexport to or on behalf Sky Blue Bird Group, and/or Issam Babil Region, District 929, St. 21, Beside of a Denied Person any item subject to Shammout may, at any time, appeal Al Jadirya Private Hospital, Baghdad, the EAR; their inclusion as a related person by Iraq, and Al Amirat Street, Section 309, B. Take any action that facilitates the filing a full written statement in support St. 3/H.20, Al Mansour, Baghdad, Iraq, acquisition or attempted acquisition by of the appeal with the Office of the and P.O. Box 28360, Dubai, United Arab a Denied Person of the ownership, Administrative Law Judge, U.S. Coast Emirates, and P.O. Box 911399, Amman possession, or control of any item Guard ALJ Docketing Center, 40 South 11191, Jordan; ALI ABDULLAH ALHAY subject to the EAR that has been or will Gay Street, Baltimore, Maryland 21202– A/K/A ALI ALHAY A/K/A ALI be exported from the United States, 4022. ABDULLAH AHMED ALHAY, Home including financing or other support In accordance with the provisions of 46, Al-Karrada, Babil Region, District activities related to a transaction § 766.24(d) of the EAR, BIS may seek 929, St. 21, Beside Al Jadirya Private whereby a Denied Person acquires or renewal of this Order by filing a written Hospital, Baghdad, Iraq, and Anak attempts to acquire such ownership, request not later than 20 days before the Street, Qatif, Saudi Arabia 61177; possession or control; expiration date. A renewal request may BAHAR SAFWA GENERAL TRADING, C. Take any action to acquire from or be opposed by Mahan Airways, Al P.O. Box 113212, Citadel Tower, Floor- to facilitate the acquisition or attempted Naser Airlines, Ali Abdullah Alhay, 5, Office #504, Business Bay, Dubai, acquisition from a Denied Person of any and/or Bahar Safwa General Trading as United Arab Emirates, and P.O. Box item subject to the EAR that has been provided in § 766.24(d), by filing a 8709, Citadel Tower, Business Bay, exported from the United States; written submission with the Assistant Dubai, United Arab Emirates; SKY D. Obtain from a Denied Person in the Secretary of Commerce for Export BLUE BIRD GROUP A/K/A SKY BLUE United States any item subject to the Enforcement, which must be received BIRD AVIATION A/K/A SKY BLUE EAR with knowledge or reason to know not later than seven days before the BIRD LTD A/K/A SKY BLUE BIRD FZC, that the item will be, or is intended to expiration date of the Order. P.O. Box 16111, Ras Al Khaimah Trade be, exported from the United States; or A copy of this Order shall be provided Zone, United Arab Emirates; and ISSAM E. Engage in any transaction to service to Mahan Airways, Al Naser Airlines, SHAMMOUT A/K/A MUHAMMAD any item subject to the EAR that has Ali Abdullah Alhay, and Bahar Safwa

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General Trading and each related examined companies.1 As a result of the successor-in-interest to Dongbu person, and shall be published in the these administrative reviews, Commerce Steel and Dongbu Incheon, and that it Federal Register. assigned a cash deposit rate of 11.60 be subject to Dongbu Steel’s and Dongbu This Order is effective immediately percent to Dongbu Steel and Dongbu Incheon’s AD margins and CVD subsidy and shall remain in effect for 180 days. Incheon for the AD administrative rates for both cold-rolled steel and review, based on the non-selected CORE. We did not receive comments Dated: May 29, 2020. respondent rate (i.e., the weighted- from other interested parties concerning P. Lee Smith, average of the respondent’s calculated these requests. Performing the Non-Exclusive Functions and weighted-average dumping margins),2 Scopes of the Orders Duties of the Assistant Secretary of Commerce and a subsidy rate of 0.56 percent for for Export Enforcement. the CVD administrative review based on Certain Cold-Rolled Steel Flat Products [FR Doc. 2020–12016 Filed 6–3–20; 8:45 am] 3 the all-others subsidy rate. The products covered by this order BILLING CODE 3510–DT–P Similarly, on March 17, 2020, are certain cold-rolled (cold-reduced), Commerce published in the Federal flat-rolled steel products, whether or not Register the final results of the AD and annealed, painted, varnished, or coated DEPARTMENT OF COMMERCE 4 CVD administrative reviews of CORE. with plastics or other non-metallic In the final results of the AD International Trade Administration substances. The products covered do administrative review, Commerce not include those that are clad, plated, assigned a cash deposit rate of 2.43 or coated with metal. The products [A–580–878, C–580–879, A–580–881, C–580– percent to Dongbu Steel and Dongbu 882] covered include coils that have a width Incheon based on the non-selected or other lateral measurement (width) of respondent rate.5 For the CVD Initiation of Antidumping Duty and 12.7 mm or greater, regardless of form administrative review, Commerce Countervailing Duty Changed of coil (e.g., in successively assigned a subsidy rate of 7.16 percent Circumstances Reviews: Certain Cold- superimposed layers, spirally to Dongbu Steel and Dongbu Incheon as Rolled Steel Flat Products and Certain 6 oscillating, etc.). The products covered mandatory respondents. also include products not in coils (e.g., Corrosion-Resistant Steel Products On April 13, 2020, KG Dongbu Steel in straight lengths) of a thickness less From the Republic of Korea informed Commerce that, on March 2, than 4.75 mm and a width that is 12.7 2020, Dongbu Steel publicly announced AGENCY: Enforcement and Compliance, mm or greater and that measures at least its merger with its wholly owned International Trade Administration, 10 times the thickness. The products subsidiary, Dongbu Incheon.7 KG Department of Commerce. covered also include products not in Dongbu Steel stated that, as of March coils (e.g., in straight lengths) of a SUMMARY: In response to a request from 27, 2020, the newly merged Dongbu thickness of 4.75 mm or more and a KG Dongbu Steel Co., Ltd. (KG Dongbu Steel officially changed its name to KG width exceeding 150 mm and measuring Steel), and pursuant to the Tariff Act of Dongbu Steel, therefore becoming the at least twice the thickness. The 1930, as amended (the Act), and, the successor-in-interest to Dongbu Steel products described above may be Department of Commerce (Commerce) is and Dongbu Incheon, Dongbu Steel’s rectangular, square, circular, or other initiating changed circumstances wholly-owned subsidiary.8 KG Dongbu shape and include products of either Steel requests that Commerce conduct reviews (CCRs) of the antidumping duty rectangular or non-rectangular cross- CCRs and find that KG Dongbu Steel is (AD) and countervailing duty (CVD) section where such cross-section is orders on certain cold-rolled steel flat achieved subsequent to the rolling 1 See Certain Cold Rolled Steel Flat Products products (cold-rolled steel) and certain process, i.e., products which have been corrosion-resistant steel products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2016– ‘‘worked after rolling’’ (e.g., products (CORE) from the Republic of Korea 2017, 84 FR 24083 (May 24, 2019) (Cold-Rolled which have been beveled or rounded at (Korea). These reviews will determine Steel AD Final); see also Certain Cold-Rolled Steel the edges). For purposes of the width Flat Products From the Republic of Korea: Final whether KG Dongbu Steel is the and thickness requirements referenced successor-in-interest to Dongbu Steel Results of Countervailing Duty Administrative Review, 2016, 84 FR 24087 (May 24, 2019). On July above: Co., Ltd. (Dongbu Steel) and Dongbu 5, 2019, Commerce amended the final results of the Incheon Steel Co., Ltd. (Dongbu CVD administrative review of cold-rolled steel from (1) where the nominal and actual Incheon). Korea. See Countervailing Duty Order on Certain measurements vary, a product is within the Cold-Rolled Steel Flat Products From the Republic scope if application of either the nominal or DATES: Applicable June 4, 2020. of Korea: Amended Final Results of the First actual measurement would place it within Countervailing Duty Administrative Review, 84 FR the scope based on the definitions set forth FOR FURTHER INFORMATION CONTACT: 32123 (July 5, 2019) (Cold-Rolled Steel CVD above, and Joshua A. DeMoss, AD/CVD Operations, Amended Final). (2) where the width and thickness vary for Office VI, Enforcement and Compliance, 2 See Cold-Rolled Steel AD Final. a specific product (e.g., the thickness of 3 International Trade Administration, See Cold-Rolled Steel CVD Amended Final. certain products with non-rectangular cross- 4 See Corrosion-Resistant Steel Products From the U.S. Department of Commerce, 1401 section, the width of certain products with Republic of Korea: Final Results of Antidumping non-rectangular shape, etc.), the Constitution Avenue NW, Washington, Duty Administrative Review and Final measurement at its greatest width or DC 20230; telephone: (202) 482–3362. Determination of No Shipments; 2017–2018, 85 FR 15114 (March 17, 2020) (CORE AD Final); see also thickness applies. SUPPLEMENTARY INFORMATION: Certain Corrosion-Resistant Steel Products From the Steel products included in the scope Republic of Korea: Final Results of Countervailing Background Duty Administrative Review; 2017, 85 FR 15112 of these Orders are products in which: (March 17, 2020) (CORE CVD Final). (1) Iron predominates, by weight, over On May 24, 2019, Commerce 5 See CORE AD Final. each of the other contained elements; (2) published in the Federal Register the 6 See CORE CVD Final. the carbon content is 2 percent or less, final results of the AD and CVD 7 See KG Dongbu Steel’s Letter, ‘‘Request for by weight; and (3) none of the elements administrative reviews of cold-rolled Changed Circumstances Review: Change of Name listed below exceeds the quantity, by for Dongbu Steel Co., Ltd. and Dongbu Incheon steel from Korea, where Dongbu Steel Steel Co., Ltd.,’’ dated April 13, 2020. weight, respectively indicated: and Dongbu Incheon were non- 8 Id. at 2–3. • 2.50 percent of manganese, or

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• 3.30 percent of silicon, or • Tool steels; 10 United States (HTSUS) under item • 1.50 percent of copper, or • Silico-manganese steel; 11 numbers: 7209.15.0000, 7209.16.0030, • 1.50 percent of aluminum, or • Grain-oriented electrical steels 7209.16.0060, 7209.16.0070, • 1.25 percent of chromium, or (GOES) as defined in the final 7209.16.0091, 7209.17.0030, • 0.30 percent of cobalt, or determination of the U.S. Department of 7209.17.0060, 7209.17.0070, • 0.40 percent of lead, or Commerce in Grain-Oriented Electrical 7209.17.0091, 7209.18.1530, • 2.00 percent of nickel, or Steel from Germany, Japan, and 7209.18.1560, 7209.18.2510, • 0.30 percent of tungsten (also called Poland.12 7209.18.2520, 7209.18.2580, wolfram), or • Non-Oriented Electrical Steels 7209.18.6020, 7209.18.6090, • 0.80 percent of molybdenum, or (NOES), as defined in the antidumping • 7209.25.0000, 7209.26.0000, 0.10 percent of niobium (also called orders issued by the U.S. Department of 7209.27.0000, 7209.28.0000, columbium), or Commerce in Non-Oriented Electrical 7209.90.0000, 7210.70.3000, • 0.30 percent of vanadium, or Steel from the People’s Republic of • 7211.23.1500, 7211.23.2000, 0.30 percent of zirconium China, Germany, Japan, the Republic of 7211.23.3000, 7211.23.4500, Unless specifically excluded, products Korea, Sweden, and Taiwan.13 7211.23.6030, 7211.23.6060, are included in this scope regardless of The products subject to these Orders 7211.23.6090, 7211.29.2030, levels of boron and titanium. are currently classified in the 7211.29.2090, 7211.29.4500, For example, specifically included in Harmonized Tariff Schedule of the 7211.29.6030, 7211.29.6080, this scope are vacuum degassed, fully 7211.90.0000, 7212.40.1000, stabilized (commonly referred to as percent of phosphorus; (v) not less than 0.18 nor 7212.40.5000, 7225.50.6000, interstitial-free (IF)) steels, high strength more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) 7225.50.8080, 7225.99.0090, low alloy (HSLA) steels, motor none, or not more than 0.28 percent of nickel; (viii) 7226.92.5000, 7226.92.7050, and lamination steels, Advanced High none, or not more than 0.38 percent of copper; and 7226.92.8050. Strength Steels (AHSS), and Ultra High (ix) none, or not more than 0.09 percent of The products subject to these Orders Strength Steels (UHSS). IF steels are molybdenum. may also enter under the following 10 Tool steels are defined as steels which contain recognized as low carbon steels with the following combinations of elements in the HTSUS numbers: 7210.90.9000, micro-alloying levels of elements such quantity by weight respectively indicated: (i) More 7212.50.0000, 7215.10.0010, as titanium and/or niobium added to than 1.2 percent carbon and more than 10.5 percent 7215.10.0080, 7215.50.0016, stabilize carbon and nitrogen elements. chromium; or (ii) not less than 0.3 percent carbon 7215.50.0018, 7215.50.0020, and 1.25 percent or more but less than 10.5 percent HSLA steels are recognized as steels chromium; or (iii) not less than 0.85 percent carbon 7215.50.0061, 7215.50.0063, with micro-alloying levels of elements and 1 percent to 1.8 percent, inclusive, manganese; 7215.50.0065, 7215.50.0090, such as chromium, copper, niobium, or (iv) 0.9 percent to 1.2 percent, inclusive, 7215.90.5000, 7217.10.1000, titanium, vanadium, and molybdenum. chromium and 0.9 percent to 1.4 percent, inclusive, 7217.10.2000, 7217.10.3000, molybdenum; or (v) not less than 0.5 percent carbon Motor lamination steels contain micro- and not less than 3.5 percent molybdenum; or (vi) 7217.10.7000, 7217.90.1000, alloying levels of elements such as not less than 0.5 percent carbon and not less than 7217.90.5030, 7217.90.5060, silicon and aluminum. AHSS and UHSS 5.5 percent tungsten. 7217.90.5090, 7225.19.0000, are considered high tensile strength and 11 Silico-manganese steel is defined as steels 7226.19.1000, 7226.19.9000, containing by weight: (i) Not more than 0.7 percent high elongation steels, although AHSS of carbon; (ii) 0.5 percent or more but not more than 7226.99.0180, 7228.50.5015, and UHSS are covered whether or not 1.9 percent of manganese, and (iii) 0.6 percent or 7228.50.5040, 7228.50.5070, they are high tensile strength or high more but not more than 2.3 percent of silicon. 7228.60.8000, and 7229.90.1000. elongation steels. 12 See Grain-Oriented Electrical Steel from The HTSUS subheadings above are Germany, Japan, and Poland: Final Determinations provided for convenience and U.S. Subject merchandise includes cold- of Sales at Less Than Fair Value and Certain Final rolled steel that has been further Affirmative Determination of Critical Customs purposes only. The written processed in a third country, including Circumstances, 79 FR 42501, 42503 (July 22, 2014). description of the scope of these Orders but not limited to annealing, tempering, This determination defines grain-oriented electrical is dispositive. steel as ‘‘a flat-rolled alloy steel product containing painting, varnishing, trimming, cutting, by weight at least 0.6 percent but not more than 6 Certain Corrosion-Resistant Steel punching, and/or slitting, or any other percent of silicon, not more than 0.08 percent of Products processing that would not otherwise carbon, not more than 1.0 percent of aluminum, and remove the merchandise from the scope no other element in an amount that would give the The products covered by this order steel the characteristics of another alloy steel, in of these Orders if performed in the are certain flat-rolled steel products, coils or in straight lengths.’’ either clad, plated, or coated with country of manufacture of the cold- 13 See Non-Oriented Electrical Steel from the rolled steel. People’s Republic of China, Germany, Japan, the corrosion-resistant metals such as zinc, All products that meet the written Republic of Korea, Sweden, and Taiwan: aluminum, or zinc-, aluminum-, nickel- physical description, and in which the Antidumping Duty Orders, 79 FR 71741, 71741–42 or iron-based alloys, whether or not (December 3, 2014). The orders define NOES as corrugated or painted, varnished, chemistry quantities do not exceed any ‘‘cold-rolled, flat-rolled, alloy steel products, one of the noted element levels listed whether or not in coils, regardless of width, having laminated, or coated with plastics or above, are within the scope of these an actual thickness of 0.20 mm or more, in which other non-metallic substances in the core loss is substantially equal in any direction Orders unless specifically excluded. addition to the metallic coating. The of magnetization in the plane of the material. The products covered include coils that have The following products are outside of term ‘substantially equal’ means that the cross grain and/or specifically excluded from the direction of core loss is no more than 1.5 times the a width of 12.7 mm or greater, scope of these Orders: straight grain direction (i.e., the rolling direction) of regardless of form of coil (e.g., in • 9 core loss. NOES has a magnetic permeability that successively superimposed layers, Ball bearing steels; does not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., spirally oscillating, etc.). The products 9 Ball bearing steels are defined as steels which parallel to) the rolling direction of the sheet (i.e., covered also include products not in contain, in addition to iron, each of the following B800 value). NOES contains by weight more than coils (e.g., in straight lengths) of a elements by weight in the amount specified: (i) Not 1.00 percent of silicon but less than 3.5 percent of thickness less than 4.75 mm and a less than 0.95 nor more than 1.13 percent of carbon; silicon, not more than 0.08 percent of carbon, and (ii) not less than 0.22 nor more than 0.48 percent not more than 1.5 percent of aluminum. NOES has width that is 12.7 mm or greater and of manganese; (iii) none, or not more than 0.03 a surface oxide coating, to which an insulation that measures at least 10 times the percent of sulfur; (iv) none, or not more than 0.03 coating may be applied.’’ thickness. The products covered also

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include products not in coils (e.g., in Furthermore, this scope also includes 7217.90.5060, 7217.90.5090, straight lengths) of a thickness of 4.75 Advanced High Strength Steels 7225.91.0000, 7225.92.0000, mm or more and a width exceeding 150 (‘‘AHSS’’) and Ultra High Strength 7225.99.0090, 7226.99.0110, mm and measuring at least twice the Steels (‘‘UHSS’’), both of which are 7226.99.0130, 7226.99.0180, thickness. The products described above considered high tensile strength and 7228.60.6000, 7228.60.8000, and may be rectangular, square, circular, or high elongation steels. 7229.90.1000. other shape and include products of Subject merchandise also includes The HTSUS subheadings above are either rectangular or non-rectangular corrosion-resistant steel that has been provided for convenience and customs cross-section where such cross-section further processed in a third country, purposes only. The written description is achieved subsequent to the rolling including but not limited to annealing, of the scope of these Orders is process, i.e., products which have been tempering painting, varnishing, dispositive. trimming, cutting, punching and/or ‘‘worked after rolling’’ (e.g., products Initiation of AD and CVD CCRs which have been beveled or rounded at slitting or any other processing that the edges). For purposes of the width would not otherwise remove the Pursuant to section 751(b)(1)(A) of the and thickness requirements referenced merchandise from the scope of these Act and 19 CFR 351.216(d), Commerce above: Orders if performed in the country of will conduct a CCR upon receipt of a manufacture of the in-scope corrosion request from an interested party for a (1) Where the nominal and actual resistant steel. review of an AD or CVD order which measurements vary, a product is within the All products that meet the written shows changed circumstances sufficient scope if application of either the nominal or to warrant a review of the order. In the actual measurement would place it within physical description, and in which the the scope based on the definitions set forth chemistry quantities do not exceed any past, Commerce has used CCRs to above, and one of the noted element levels listed address the applicability of cash deposit (2) where the width and thickness vary for above, are within the scope of these rates after there have been changes in a specific product (e.g., the thickness of Orders unless specifically excluded. the name or structure of a respondent, certain products with non-rectangular cross- The following products are outside of such as a merger or spinoff (successor- section, the width of certain products with and/or specifically excluded from the in-interest or successorship non-rectangular shape, etc.), the scope of these Orders: Flat-rolled steel determinations).14 The information measurement at its greatest width or products either plated or coated with submitted by KG Dongbu Steel thickness applies. tin, lead, chromium, chromium oxides, supporting its claim that it is the Steel products included in the scope both tin and lead (‘‘terne plate’’), or both successor-in-interest to Dongbu Steel of these Orders are products in which: chromium and chromium oxides (‘‘tin and Dongbu Incheon demonstrates (1) Iron predominates, by weight, over free steel’’), whether or not painted, changed circumstances sufficient to each of the other contained elements; (2) varnished or coated with plastics or warrant such a review.15 Therefore, in the carbon content is 2 percent or less, other non-metallic substances in accordance with 751(b)(1)(A) of the Act by weight; and (3) none of the elements addition to the metallic coating; Clad and 19 CFR 351.216(d) and (e), we are listed below exceeds the quantity, by products in straight lengths of 4.7625 initiating CCRs based on the weight, respectively indicated: mm or more in composite thickness and information contained in KG Dongbu • 2.50 percent of manganese, or of a width which exceeds 150 mm and Steel’s submission. • 3.30 percent of silicon, or measures at least twice the thickness; Commerce will issue questionnaires • 1.50 percent of copper, or and Certain clad stainless flat-rolled requesting additional information for • 1.50 percent of aluminum, or products, which are three-layered the reviews, and will publish in the • 1.25 percent of chromium, or corrosion-resistant flat-rolled steel Federal Register a notice of the • 0.30 percent of cobalt, or products less than 4.75 mm in preliminary results, in accordance with • 0.40 percent of lead, or composite thickness that consist of a 19 CFR 351.221(b)(2) and (4), and 19 • 2.00 percent of nickel, or flat-rolled steel product clad on both CFR 351.221(c)(3)(i). The notice will set • 0.30 percent of tungsten (also called sides with stainless steel in a 20%– forth the factual and legal conclusions wolfram), or 60%–20% ratio. upon which our preliminary results are • 0.80 percent of molybdenum, or The products subject to these Orders based and a description of any action • 0.10 percent of niobium (also called are currently classified in the proposed based on those results. columbium), or Harmonized Tariff Schedule of the Pursuant to 19 CFR 351.221(b)(4)(ii), • 0.30 percent of vanadium, or United States (‘‘HTSUS’’) under item interested parties will have an • 0.30 percent of zirconium numbers: 7210.30.0030, 7210.30.0060, opportunity to comment on the Unless specifically excluded, products 7210.41.0000, 7210.49.0030, preliminary results. In accordance with are included in this scope regardless of 7210.49.0091, 7210.49.0095, 19 CFR 351.216(e), Commerce intends levels of boron and titanium. 7210.61.0000, 7210.69.0000, to issue the final results no later than For example, specifically included in 7210.70.6030, 7210.70.6060, 270 days after the date on which the this scope are vacuum degassed, fully 7210.70.6090, 7210.90.6000, reviews are initiated. Note that stabilized (commonly referred to as 7210.90.9000, 7212.20.0000, Commerce has modified certain of its interstitial-free (‘‘IF’’)) steels and high 7212.30.1030, 7212.30.1090, requirements for serving documents strength low alloy (‘‘HSLA’’) steels. If 7212.30.3000, 7212.30.5000, containing business proprietary steels are recognized as low carbon 7212.40.1000, 7212.40.5000, steels with micro-alloying levels of 7212.50.0000, and 7212.60.0000. 14 See, e.g., Diamond Sawblades and Parts Thereof from the People’s Republic of China: elements such as titanium and/or The products subject to these Orders Initiation and Preliminary Results of Antidumping niobium added to stabilize carbon and may also enter under the following Duty Changed Circumstances Review, 82 FR 51605, nitrogen elements. HSLA steels are HTSUS item numbers: 7210.90.1000, 51606 (November 7, 2017), unchanged in Diamond recognized as steels with micro-alloying 7215.90.1000, 7215.90.3000, Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping levels of elements such as chromium, 7215.90.5000, 7217.20.1500, Duty Changed Circumstances Review, 82 FR 60177 copper, niobium, titanium, vanadium, 7217.30.1530, 7217.30.1560, (December 19, 2017). and molybdenum. 7217.90.1000, 7217.90.5030, 15 See 19 CFR 351.216(d).

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information until July 17, 2020, unless subject to the Order. 2 We invited parties further processed in the United States to extended.16 to comment on the Preliminary create an HFC blend that would be Determination, and received case and subject to the Order. 6 Notification to Interested Parties rebuttal briefs from the HFC Coalition Final Scope Ruling and Final This notice is published in (the petitioners), BMP,3 and Choice Determination accordance with sections 751(b)(1) and Refrigerants (Choice). 777(i)(1) of the Act, and 19 CFR A summary of the events that In the Preliminary Determination we 351.216(b), 351.221(b), and occurred since Commerce published the determined, pursuant to 19 CFR 351.221(c)(3). Preliminary Determination, as well as a 351.225(k), that because the scope only Dated: May 28, 2020. full discussion of the issues raised by covers five HFC blends, and unpatented R–421A is not one of the five blends, Jeffrey I. Kessler, the parties for this final determination that consequently, unpatented R–421A Assistant Secretary for Enforcement and are discussed in the Issues and Decision 4 is not covered by the scope of the Order Compliance. Memorandum. The Issues and Decision within the meaning of 19 CFR [FR Doc. 2020–12078 Filed 6–3–20; 8:45 am] Memorandum is a public document and is on file electronically via Enforcement 351.225(k). Accordingly, because BILLING CODE 3510–DS–P and Compliance’s Antidumping and unpatented R–421A is not specifically Countervailing Duty Centralized excluded from the Order, a circumvention analysis and DEPARTMENT OF COMMERCE Electronic Service System (ACCESS). ACCESS is available to registered users determination is warranted for the International Trade Administration at http://access.trade.gov. In addition, a unpatented R–421A blends, under 19 complete version of the Issues and CFR 351.225(g). Our final determination [A–570–028] Decision Memorandum can be accessed remains unchanged from the directly at http:// Preliminary Determination. Hydrofluorocarbon Blends From the enforcement.trade.gov.frn/. The signed In the Preliminary Determination, we People’s Republic of China: Final and electronic versions of the Issues and determined that imports of unpatented Scope Ruling on Unpatented R–421A; Decision Memorandum are identical in R–421A from China are circumventing Affirmative Final Determination of content. the Order. Specifically, we determined Circumvention of the Antidumping Commerce conducted this anti- that imports of unpatented R–421A from Duty Order for Unpatented R–421A circumvention inquiry in accordance China are being finished and sold in the United States pursuant to the statutory AGENCY: Enforcement and Compliance, with section 781(a) of the Tariff Act of International Trade Administration, 1930, as amended (the Act). and regulatory criteria laid out in Department of Commerce. section 781(a) of the Act and 19 CFR Scope of the Order 351.225(g). We based our Preliminary SUMMARY: The Department of Commerce (Commerce) determines that imports of The products subject to the Order are Determination upon record evidence unpatented R–421A from the People’s HFC blends. HFC blends covered by the submitted by the petitioners, BMP and Republic of China (China) are scope are R–404A, R–407A, R–407C, R– Choice. For a complete discussion of the circumventing the antidumping duty 410A, and R–507A.5 HFC blends evidence which led to our preliminary (AD) order on HFC blends from China. covered by the scope of the Order are determination, see the Preliminary currently classified in the Harmonized Determination and accompanying DATES: Applicable June 4, 2020. Tariff Schedule of the United States Preliminary Decision Memorandum. FOR FURTHER INFORMATION CONTACT: (HTSUS) at subheadings 3824.78.0020 All issues raised in the case and Manuel Rey or Benjamin Luberda, AD/ and 3824.78.0050. Although the HTSUS rebuttal briefs by parties to this inquiry CVD Operations, Office II, Enforcement subheadings are provided for are addressed in the Issues and Decision and Compliance, International Trade convenience and customs purposes, the Memorandum. A list of the issues raised Administration, U.S. Department of written description of the scope is is attached to this notice as Appendix I. Commerce, 1401 Constitution Avenue dispositive. Our final determination remains NW, Washington, DC 20230; telephone: unchanged from the Preliminary (202) 482–5518 or (202) 482–2185, Merchandise Subject to the Anti- Determination. Accordingly, we respectively. Circumvention Inquiry determine, pursuant to section 781(a) of SUPPLEMENTARY INFORMATION: This anti-circumvention inquiry the Act and 19 CFR 351.225(g), that covers imports of unpatented R–421A, a imports of unpatented R–421A from Background blend of HFC components R–125 (also China are circumventing the Order. On March 3, 2020, Commerce known as Pentafluoroethane) and R– Continuation of Suspension of published the Preliminary 134a (also known as 1,1,1,2- Liquidation Determination 1 of circumvention of the Tetrafluoroethane), from China that are AD order on HFC blends from China As a result of this determination, and with respect to unpatented R–421A 2 See Hydrofluorocarbon Blends from the People’s consistent with 19 CFR 351.225(l)(3), we which is imported from China and Republic of China: Antidumping Duty Order, 81 FR intend to direct CBP to continue to 55436 (August 19, 2016) (Order). further processed into HFC blends suspend liquidation and to require a 3 LM Supply Inc., Cool Master USA, LLC, and cash deposit of estimated antidumping their affiliated blenders, BMP USA Inc. and IGas duties at the applicable rate on 16 See Temporary Rule Modifying AD/CVD Inc. (collectively, BMP). Service Requirements Due to COVID–19; Extension 4 See Memorandum, ‘‘Final Decision unliquidated entries of merchandise of Effective Period, 85 FR 29615 (May 18, 2020). Memorandum for Scope Ruling and Anti- 1 See Hydrofluorocarbon Blends from the People’s Circumvention Inquiry of the Antidumping Duty 6 The scope of the order explicitly excludes Republic of China: Scope Ruling on Unpatented R– Order on Hydrofluorocarbon Blends from the Choice® R–421A (also referred to as ‘‘patented R– 421A; Affirmative Preliminary Determination of People’s Republic of China; Unpatented R–421A,’’ 421A’’). The scope also only covers five HFC Circumvention of the Antidumping Duty Order for dated concurrently with, and hereby adopted by, blends; R–421A is not one of the covered blends. Unpatented R–421A; and Extension of Time Limit this notice (Issues and Decision Memorandum). Patented R–421A is a blend of 58 percent R–125, for Final Determination, 85 FR 12511 (March 3, 5 For a complete description of the scope of the and 42 percent R–134a, with a lubricant added to 2020) (Preliminary Determination). order, see Issues and Decision Memorandum. it. The patent holder for R–421A is Choice.

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subject to this inquiry that are entered, also carries the trademarks indicated in APPENDIX II or withdrawn from warehouse, for the scope exclusion. Certification Requirements consumption on or after June 18, 2019, Therefore, we intend to inform CBP of In order to import R–421A from China and the date of initiation of this anti- our findings in this inquiry: (1) That the 7 declare it as patented and eligible for the circumvention inquiry. ® ® scope only covers five HFCs blends (i.e., exclusion specified in the scope for Choice Patented Choice R–421A produced R–404A, R–407A, R–407C, R–410A, and R–421A, and hence free of AD duties, the in China is not subject to this inquiry. R–507A) and that unpatented R–421A is importer and the exporter must complete and Therefore, cash deposits are not not one of those five blends; (2) based maintain certifications, along with proof that required for such merchandise. upon Commerce’s anti-circumvention the goods are properly patented, and identifying the license agreement authorizing However, as a result of this anti- proceeding, unpatented R–421A, is circumvention proceeding, unpatented the production of the goods being entered. circumventing the order on HFC blends The importer is required to complete and R–421A produced in China is subject to from China, retroactive to June 18, 2019; the AD order on HFC blends from maintain the importer certification attached and (3) that the exclusion for patented hereto as Appendix III, and all supporting China. Accordingly, in order to prevent Choice® R–421A (applicable on or after documentation. Where the importer uses a evasion, if an importer imports patented broker to facilitate the entry process, it ® June 18, 2019) is limited to only that Choice R–421A from China, in order merchandise which carries the should obtain the entry summary number not to be subject to cash deposit trademarks indicated in the scope from the broker. Agents of the importer, such as brokers, however, are not permitted to requirements, the importer and exporter exclusion, and which is licensed by the are required to meet the certification make this certification on behalf of the rights holder, and for which the importer. and documentation requirements exporter and importer have prepared described in Appendix II. Exporters of The exporter is required to complete and ® certifications, as explained in Appendix maintain the exporter certification, attached patented Choice R–421A produced in II of this notice. as Appendix IV, and is further required to China must prepare and maintain an provide the importer a copy of that Exporter Certification and Notification Regarding Administrative certification and all supporting documentation supporting the Exporter Protective Order documentation. Certification (see Appendix IV). In For shipments and/or entries on or after addition, importers of such patented This notice also serves as a reminder June 18, 2019 through June 26, 2020, for Choice® R–421A must prepare and to parties subject to the administrative which certifications are required, importers maintain an Importer Certification (see protective order (APO) of their and exporters should complete the required Appendix III) as well as documentation responsibility concerning the certification, as soon as practicable but not later than 30 days after the publication of this supporting the Importer Certification. In disposition of proprietary information disclosed under APO in accordance notice in the Federal Register. Accordingly, addition to the Importer Certification, where appropriate, the relevant bullet in the the importer must also maintain a copy with 19 CFR 351.305(a)(3). Timely written notification of return/ certification should be edited to reflect that of the Exporter Certification (see the certification was completed within the Appendix IV) and relevant supporting destruction of APO materials or time frame specified above. For example, the documentation from its exporter of conversion to judicial protective order is bullet in the importer certification that reads: patented Choice® R–421A. hereby requested. Failure to comply ‘‘This certification was completed at or prior with the regulations and the terms of an to the time of Entry Summary,’’ could be Notification to CBP of Covered APO is a sanctionable violation. edited as follows: ‘‘The imports referenced Merchandise Referral herein entered before June 27, 2020. This Notification to Interested Parties In our Notice of Initiation, we stated certification was completed on mm/dd/yyyy, within 30 days of the Federal Register notice that, as part of this anti-circumvention We are issuing and publishing this publication of the final determination of inquiry, we would also address a notice in accordance with sections circumvention.’’ Similarly, the bullet in the covered merchandise referral from U.S. 781(a) of the Act, and 19 CFR exporter certification that reads, ‘‘This Customs and Border Protection (CBP).8 351.225(g). certification was completed at or prior to the time of shipment,’’ could be edited as In the Covered Merchandise Referral, Dated: May 28, 2020. we stated that, based upon allegations follows: ‘‘The shipments/products referenced by Choice, CBP requested that Joseph Laroski, herein shipped before June 27, 2020. This Commerce issue a determination as to Deputy Assistant Secretary for Policy and certification was completed on mm/dd/yyyy, whether certain merchandise imported Negotiations. within 30 days of the Federal Register notice publication of the final determination of by LM Supply, Inc. (LM Supply) is APPENDIX I circumvention.’’ For such entries/shipments, subject to the AD order on HFCs from List of Topics Discussed in the Issues and importers and exporters each have the option China. Specifically, CBP asked Decision Memorandum to complete a blanket certification covering Commerce to clarify: (1) If the scope multiple entries/shipments, individual exclusion for Choice® R–421A is limited I. Summary certifications for each entry/shipment, or a to only merchandise that is licensed by II. Background combination thereof. III. Merchandise Subject to the Scope and the rights holder or does it apply to any For shipments and/or entries on or after Anti-Circumvention Inquiry June 27, 2020, for which certifications are HFC blends that satisfy the terms of the IV. Scope of the Order patents, and (2) if the scope exclusion required, importers should complete the V. Discussion of the Issues required certification at, or prior to, the date is limited to only that merchandise that Comment 1: Preliminary Scope Ruling of entry summary and exporters should Comment 2: Whether the Process of complete the required certification and 7 See Hydrofluorocarbon Blends from the People’s Assembly or Completion of R–421A into provide it to the importer at, or prior to, the Republic of China: Initiation of Anti-Circumvention HFC Blends in the United States is date of shipment. Inquiry of Antidumping Duty Order; Unpatented R– Minor and Insignificant The importer and exporter are also 421A, 84 FR 28281 (June 18, 2019) (Notice of Initiation). Comment 3: Value Analysis required to maintain sufficient 8 See Hydrofluorocarbon Blends from the People’s Comment 4: Use of Surrogate Values to documentation supporting their Republic of China: Notice of Covered Merchandise Value Material Inputs certifications. The importer will not be Referral, 83 FR 9277 (March 5, 2018) (Covered Comment 5: Certification Requirements required to submit the certifications or Merchandise Referral). VI. Recommendation supporting documentation to U.S. Customs

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and Border Protection (CBP) as part of the {NAME OF PRODUCING COMPANY}, (ii) The requirement that the importer post entry process at this time. However, the located at {ADDRESS OF PRODUCING applicable AD cash deposits equal to the importer and the exporter will be required to COMPANY}; for each additional company, rates as determined by Commerce; and present the certifications and supporting repeat: {NAME OF PRODUCING (iii) the revocation of {NAME OF documentation, to Commerce and/or CBP, as COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}’s privilege to applicable, upon request by the respective PRODUCING COMPANY}. certify future imports of HFC blend R–421A agency. Additionally, the claims made in the (H) This certification applies to the are patented Choice® R–421A. certifications and any supporting following entries: (P) I understand that agents of the documentation are subject to verification by {Repeat this block as many times as importer, such as brokers, are not permitted Commerce and/or CBP. The importer and necessary} to make this certification; exporter are required to maintain the Producer: (Q) This certification was completed at or certifications (the importer must retain both Entry Summary #: prior to the time of Entry Summary; and certifications) and supporting documentation Entry Summary Line Item #: (R) I am aware that U.S. law (including, but for the later of (1) a period of five years from Invoice #: not limited to, 18 U.S.C. 1001) imposes the date of entry or (2) a period of three years Invoice Line Item #: criminal sanctions on individuals who after the conclusion of any litigation in (I) I understand that {NAME OF knowingly and willfully make material false United States courts regarding such entries. IMPORTING COMPANY} is required to statements to the U.S. government. In the situation where no certification is maintain a copy of this certification and Signature provided for an entry of R–421A, and the AD sufficient documentation supporting this NAME OF COMPANY OFFICIAL China HFC blends order potentially applies certification (i.e., documents maintained in TITLE to that entry, Commerce intends to instruct the normal course of business, or documents DATE CBP to suspend the entry and collect cash obtained by the certifying party, for example, APPENDIX IV deposits at the AD rate for the exporter, or product data sheets, chemical testing if none exists, at the rate for the China-wide specifications, productions records, invoices, Exporter Certification entity (216.37 percent). license agreements, etc.) for the later of (1) a I hereby certify that: APPENDIX III period of five years from the date of entry or (A) My name is {COMPANY OFFICIAL’S (2) a period of three years after the NAME} and I am an official of {NAME OF Importer Certification conclusion of any litigation in the United EXPORTING COMPANY}, located at I hereby certify that: States courts regarding such entries; {ADDRESS OF EXPORTING COMPANY}; { ® (A) My name is {IMPORTING COMPANY (J) I understand that NAME OF (B) I am a producer of HFC blend Choice } OFFICIAL’S NAME} and I am an official of IMPORTING COMPANY is required to, R–421A and am under a license agreement {NAME OF IMPORTING COMPANY}, upon request, provide proof that the with RMS of Georgia, LLC to produce located at {ADDRESS of IMPORTING imported goods are properly patented, and Choice® R–421A. COMPANY}; identify the license agreement authorizing (C) I have direct personal knowledge of the (B) I have direct personal knowledge of the the production of the goods being entered; facts regarding the production and { facts regarding the importation into the (K) I understand that NAME OF exportation of the hydrofluorocarbon (HFC) } Customs territory of the United States of the IMPORTING COMPANY is required to blend Choice® R–421A identified below. ® hydrofluorocarbon (HFC) blend Choice R– provide this certification and supporting ‘‘Direct personal knowledge’’ refers to facts 421A produced in China that entered under records, upon request, to U.S. Customs and the certifying party is expected to have in its the entry summary number(s) identified Border Protection (CBP) and/or the own books and records. For example, an below, and which are covered by this Department of Commerce (Commerce); exporter should have direct personal certification. ‘‘Direct personal knowledge’’ (L) I understand that {NAME OF } knowledge of the producer’s identity and refers to facts the certifying party is expected IMPORTING COMPANY is required to location. to have in its own records. For example, the maintain a copy of the exporter’s certification (D) The HFC blends, and the individual importer should have direct personal (attesting to the production and/or export of components thereof, covered this knowledge of the importation of the product the imported merchandise identified above), certification were produced by {NAME OF (e.g., the name of the exporter) in its records. and any supporting records provided by the } ® PRODUCING COMPANY , located at (C) The HFC blend Choice R–421A exporter to the importer, for the later of (1) {ADDRESS OF PRODUCING COMPANY}; covered by this certification was exported by a period of five years from the date of entry for each additional company, repeat: {NAME { } or (2) a period of three years after the NAME OF EXPORTING COMPANY , OF PRODUCING COMPANY}, located at { conclusion of any litigation in United States located at ADDRESS OF EXPORTING {ADDRESS OF PRODUCING COMPANY}. } courts regarding such entries. COMPANY . (E) This certification applies to the (M) I understand that {NAME OF If the importer is acting on behalf of the following sales: IMPORTING COMPANY}is required to first U.S. customer, complete this paragraph: { ® maintain, and upon request, provide a copy Repeat this block as many times as (D) The HFC blend Choice R–421A } covered by this certification was imported by of the exporter’s certification and any necessary {NAME OF IMPORTING COMPANY} on supporting records provided by the exporter Producer behalf of {NAME OF U.S. CUSTOMER}, to the importer, to CBP and/or Commerce; Invoice No. located at {ADDRESS OF U.S. CUSTOMER}. (N) I understand that the claims made Invoice Line Item No. (E) The HFC blend Choice® R–421A herein, and the substantiating (F) The HFC blend Choice® R–421A covered by this certification was shipped to documentation, are subject to verification by covered by this certification was sold to {NAME OF PARTY TO WHOM CBP and/or Commerce; {NAME OF U.S. CUSTOMER}, located at MERCHANDISE WAS FIRST SHIPPED IN (O) I understand that failure to maintain {ADDRESS OF U.S. CUSTOMER}. THE UNITED STATES}, located at the required certifications, and/or failure to (G) The HFC blend Choice® R–421A {ADDRESS OF SHIPMENT}. substantiate the claims made herein, and/or covered by this certification was shipped to (F) I have personal knowledge of the facts failure to allow CBP and/or Commerce to {NAME OF PARTY TO WHOM regarding the production of the imported verify the claims made herein, may result in MERCHANDISE WAS SHIPPED}, located at products covered by this certification. a de facto determination that all entries to {ADDRESS OF SHIPMENT}. ‘‘Personal knowledge’’ includes facts which this certification applies are within (H) I understand that {NAME OF obtained from another party, (e.g., the scope if the antidumping duty (AD) order EXPORTING COMPANY} is required to correspondence received by the importer (or on HFC blends from China. I understand that maintain a copy of this certification and exporter) from the producer regarding the such a finding will result in: sufficient documentation supporting this source of the inputs used to produce the (i) Suspension of liquidation of all certification (i.e., documents maintained in imported products). unliquidated entries (and entries for which the normal course of business, license (G) The HFC blend Choice® R–421A liquidation has not become final) for which agreement, or documents obtained by the covered by this certification was produced by these requirements were not met; certifying party, for example, product data

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sheets, chemical testing specifications, continuation or recurrence of dumping the accompanying Issues and Decision productions records, invoices, etc.) for the at the levels indicated in the ‘‘Final Memorandum.6 later of (1) a period of five years from the date Results of Review’’ section of this of entry or (2) a period of three years after notice. Analysis of Comments Received the conclusion of any litigation in the United States courts regarding such entries; DATES: Applicable June 4, 2020. All issues raised for the final results (I) I understand that {NAME OF of this sunset review are addressed in FOR FURTHER INFORMATION CONTACT: EXPORTING COMPANY} must provide this the Issues and Decision Memorandum, Exporter Certification to the U.S. importer by Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and dated concurrently with this final the time of shipment; notice, which is hereby adopted by this { Compliance, International Trade (J) I understand that NAME OF notice. The issues discussed in the EXPORTING COMPANY} is required to Administration, U.S. Department of Issues and Decision Memorandum are provide a copy of this certification and Commerce, 1401 Constitution Avenue supporting records, upon request, to U.S. NW, Washington, DC 20230; telephone: described in the Appendix. The Issues Customs and Border Protection (CBP) and/or (202) 482–5255. and Decision Memorandum is a public the Department of Commerce (Commerce); document and is on file electronically (K) I understand that the claims made SUPPLEMENTARY INFORMATION: via Enforcement and Compliance’s herein, and the substantiating documentation Background Antidumping and Countervailing Duty are subject to verification by CBP and/or Centralized Electronic Service System Commerce; On February 26, 2020, Commerce (ACCESS). ACCESS is available to (L) I understand that failure to maintain the published the Preliminary Results of the registered users at http:// required certifications, and/or failure to sunset review,1 finding that dumping substantiate the claims made herein, and/or access.trade.gov. In addition, a complete was likely to continue or recur if the version of the Issues and Decision failure to allow CBP and/or Commerce to 2 Order were revoked and determined Memorandum can be accessed directly verify the claims made herein, may result in that revocation of the Order would be a de facto determination that all sales to on the internet at http:// which this certification applies are within likely to lead to continuation or enforcement.trade.gov/frn/. The signed the scope of the antidumping duty (AD) order recurrence of dumping for all exporters Issues and Decision Memorandum and on HFC blends from China. I understand that and producers at a weighted average the electronic version of the Issues and 3 such finding will result in: margin of dumping up to 6.19 percent. Decision Memorandum are identical in (i) Suspension of all unliquidated entries We invited interested parties to content. (and entries for which liquidation has not comment on the Preliminary Results. become final) for which these requirements We received a case brief from Final Results of Review were not met; respondent, CJ Companies, on April 22, (ii) The requirement that the importer post 2020.4 We received a rebuttal brief from We determine that revocation of the applicable AD cash deposits equal to the Order on MSG from Indonesia would be rates as determined by Commerce; and Ajinomoto Health & Nutrition North 5 likely to lead to a continuation or (iii) the revocation of {NAME OF America (petitioner) on April 27, 2020. } recurrence of dumping at a weighted EXPORTING COMPANY ’s privilege to Scope of the Order average margin of dumping of up to 6.19 certify future shipments of HFC blend R– 421A are patented Choice® R–421A; The product covered by this order is percent for all exporters and producers (M) This certification was completed at or MSG, whether or not blended or in of subject merchandise. prior to the time of shipment; and solution with other products. Administrative Protective Orders (N) I am aware that U.S. law (including, Specifically, MSG that has been blended but not limited to, 18 U.S.C. 1001) imposes or is in solution with other product(s) is This notice also serves as the only criminal sanctions on individuals who reminder to each party subject to an knowingly and willfully make material false included in this scope when the statements to the U.S. government. resulting mix contains 15 percent or administrative protective order (APO) of Signature more of MSG by dry weight. Products their responsibility concerning the NAME OF COMPANY OFFICIAL with which MSG may be blended return or destruction of proprietary TITLE include, but are not limited to, salts, information disclosed under APO in DATE sugars, starches, maltodextrins, and accordance with 19 CFR 351.305. [FR Doc. 2020–12004 Filed 6–3–20; 8:45 am] various seasonings. A full description of Timely written notification of the return BILLING CODE 3510–DS–P the scope of the Order is contained in or destruction of APO materials or conversion to judicial protective order is 1 See Monosodium Glutamate from the Republic hereby requested. Failure to comply DEPARTMENT OF COMMERCE of Indonesia: Preliminary Results of the First Full with the regulations and terms of an Sunset Review of the Antidumping Duty Order, 85 APO is a violation which is subject to International Trade Administration FR 12517 (March 3, 2020) (Preliminary Results), and accompanying Preliminary Decision sanction. [A–560–826] Memorandum. Notification to Interested Parties 2 See Monosodium Glutamate from the People’s Monosodium Glutamate From the Republic of China, and the Republic of Indonesia: We are issuing and publishing the Republic of Indonesia: Final Results of Antidumping Duty Orders; and Monosodium final results of this sunset review, in the First Full Five-Year Sunset Review Glutamate from the People’s Republic of China: Amended Final Determination of Sales at Less accordance with sections 751(c)(5)(A), of the Antidumping Duty Order Than Fair Value (Order), 79 FR 70505 (November 752(c), and 777(i) of the Tariff Act of 26, 2014) (Order). AGENCY: 1930, as amended, and 19 CFR Enforcement and Compliance, 3 See Preliminary Results. International Trade Administration, 4 See CJ Companies’ Letter, ‘‘Monosodium 351.218(f)(3). Department of Commerce. Glutamate (‘‘MSG’’) from Indonesia; First Sunset SUMMARY: The Department of Commerce Review; CJ {Companies’} Case Brief,’’ dated April 6 See Memorandum, ‘‘Issues and Decision (Commerce) finds that the revocation of 22, 2020. Memorandum for the First Full Sunset Review of 5 See Petitioner’s Letter, ‘‘Monosodium Glutamate the Antidumping Duty Order on Monosodium the antidumping duty (AD) order on from Indonesia, First Sunset Review: Rebuttal to Glutamate from the People’s Republic of monosodium glutamate (MSG) from Case Brief of PT. Cheil Jedang Indonesia and CJ Indonesia,’’ dated concurrently with this notice Indonesia would likely lead to America, Inc.,’’ dated April 27, 2020. (Issues and Decision Memorandum).

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Dated: May 28, 2020. Room, Pago Pago Int’l Airport, Tafuna 8220 or fax: (808) 522–8226; or email: Jeffrey I. Kessler, Village, American Samoa. [email protected]. Written Assistant Secretary for Enforcement and FOR FURTHER INFORMATION CONTACT: public comments on all other agenda Compliance. Kitty M. Simonds, Executive Director, items may be submitted for the record by email throughout the duration of the Appendix Western Pacific Fishery Management Council; phone: (808) 522–8220. meeting. Instructions for providing oral List of Topics Discussed in the Issues and SUPPLEMENTARY INFORMATION: All times public comments during the meeting Decision Memorandum shown are in Hawaii Standard Time. will be posted on the Council website. I. Summary The FDCRC meeting will be held This meeting will be recorded for the II. Background between 11 a.m. to 1 p.m. on June 22, purposes of generating the minutes of III. Scope of the Order the meeting. IV. Discussion of the Issues 2020. The Pelagic and International Issue 1: Likelihood of Continuation or Standing Committee will be held Agenda for the Fishery Data Collection Recurrence of Dumping between 1 p.m. and 3 p.m. on June 22, and Research Committee Issue 2: Magnitude of the Margin of 2020. The Executive and Budget Dumping Likely to Prevail Standing Committee meeting will be Monday, June 22, 2020, 11 a.m. to 1 V. Final Results of Sunset Review held between 3 p.m. and 5 p.m. on June p.m. VI. Recommendation 22, 2020. The 182nd Council meeting 1. Welcome Remarks and Introductions [FR Doc. 2020–12003 Filed 6–3–20; 8:45 am] will be held between 11 a.m. and 5 p.m. 2. Update on Previous FDCRC BILLING CODE 3510–DS–P on June 23 to 25, 2020. Recommendations Please note that the evolving public 3. Regulations for Mandatory License health situation regarding COVID–19 and Reporting DEPARTMENT OF COMMERCE may affect the conduct of the June A. Guam Council and its associated meetings. At B. CNMI National Oceanic and Atmospheric the time this notice was submitted for 4. Budgets to Support Fishery Data Administration publication, the Council anticipated Collection [RTID 0648–XA216] convening the meeting by web A. Interjurisdictional Fisheries Act conference with host site locations in Funding Western Pacific Fishery Management Guam, CNMI and American Samoa. B. Western Pacific Fishery Council; Public Meetings Council staff will monitor COVID–19 Information Network and Territory developments and will determine the Science Initiative Funding AGENCY: National Marine Fisheries extent to which in-person public 5. Data Collection Improvement Updates Service (NMFS), National Oceanic and participation at host sites will be A. Implementation of the Electronic Atmospheric Administration (NOAA), allowable consistent with applicable Reporting Suite Commerce. local or federal guidelines. If public B. Updates on the Data Collection ACTION: Notice of public meetings. participation will be limited to web Outreach Activities conference only or on a first-come-first- 6. Discussion on Addressing the Pacific SUMMARY: The Western Pacific Fishery Islands Fisheries Monitoring and Management Council (Council) will serve basis consistent with applicable guidelines, the Council will post notice Assessment Planning Summit hold its Fishery Data Collection and Recommendations Research Committee (FDCRC), Pelagic on its website at www.wpcouncil.org. Agenda items noted as ‘‘Final Action’’ A. Moving Towards Electronic Self- and International Standing Committee, refer to actions that result in Council Reporting Executive and Budget Standing transmittal of a proposed fishery B. Moving Shore-Based Creel to Committee, and 182nd Council management plan, proposed plan Marine Recreational Information meetings to take actions on fishery amendment, or proposed regulations to Program management issues in the Western the U.S. Secretary of Commerce, under C. Data Governance for the Electronic Pacific Region. Sections 304 or 305 of the MSA. In Self-Reporting System DATES: The meetings will be held June addition to the agenda items listed here, 7. Report on FDCRC-Technical 22 through 25, 2020. For specific times the Council and its advisory bodies will Committee and agendas, see SUPPLEMENTARY hear recommendations from Council 8. Public Comment INFORMATION. advisors. An opportunity to submit 9. Discussions and Recommendations ADDRESSES: The meetings will be held public comment will be provided Agenda for the Pelagic and by web conference via WebEx. throughout the agendas. The order in International Standing Committee Instructions for connecting to the web which agenda items are addressed may conference and providing oral public change and will be announced in Monday, June 22, 2020, 1 p.m. to 3 p.m. comments will be posted on the Council advance at the Council meeting. The 1. Report on Impacts of COVID–19 on website at www.wpcouncil.org. For meetings will run as late as necessary to Fisheries assistance with the web conference complete scheduled business. 2. Status of Past Council Actions and connection, contact the Council office at Background documents for the 182nd Amendments (808) 522–8220. Council meeting will be available at 3. Stock Status Determination for The following venues will be the host www.wpcouncil.org. Written public Oceanic Whitetip Shark and Striped sites for the meetings: Hilton Guam comments on final action items at the Marlin Resort & Spa, Chuchuko Room, 202 182nd Council meeting should be 4. Summary of Available Information on Hilton Rd., Tumon Bay, Guam; Hyatt received at the Council office by 5p.m. Sea Turtle Interactions in Foreign Regency Saipan, Royal Palm Ave., HST, June 19, 2020, and should be sent Pelagic Fisheries Micro Beach Rd., Saipan, to Kitty M. Simonds, Executive Director; 5. Considerations for Developing Commonwealth of the Northern Mariana Western Pacific Fishery Management Reasonable and Prudent Measures Islands (CNMI); and Department of Port Council, 1164 Bishop Street, Suite 1400, (RPMs) and/or Reasonable and Administration, Airport Conference Honolulu, HI 96813, phone: (808) 522– Prudent Alternatives (RPAs) for the

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Deep-set and American Samoa E. Enforcement Enforcement) Longline Fisheries 1. U.S. Coast Guard 3. Review of Guam Marine 6. 2021 U.S. and Territorial Longline 2. NOAA Office of Law Enforcement Conservation Plan Bigeye Specifications (Final Action) 3. NOAA Office of General Counsel, 4. Guam Community Activities 7. Mandatory Electronic Reporting for Enforcement Section B. CNMI the Hawaii Longline Fishery (Initial F. Public Comment 1. Arongol Falu´ Action) G. Council Discussion and Action 2. Department of Land and Natural 8. International Fisheries 6. Regional Reports on COVID19 Resources/Division of Fish and A. Western and Central Pacific Impacts and Activities Wildlife Report Fisheries Commission (WCPFC) A. American Samoa 3. CNMI Community Activities Permanent Advisory Committee B. Guam C. Advisory Group Reports and Report C. CNMI Recommendations B. Preparation for WCPFC Science D. Hawaii 1. Advisory Panel Report Committee E. Pelagic and International Fisheries 2. Scientific and Statistical Committee C. Pre-Assessment Workshop 7. Program Planning and Research Report Outcomes for Yellowfin and Bigeye A. National Legislative Report D. Public Comment D. Workshop on Area-Based B. 2019 Annual Stock Assessment and E. Council Discussion and Action Management of Blue Water Fishery Evaluation Reports 11. Hawai1i Archipelago and Pacific Fisheries C. Standardized Bycatch Reporting Remote Island Areas (PRIA) 9. Advisory Group Report and Methodology A. Moku Pepa Recommendations D. Electronic Technologies B. Department of Land and Natural A. Advisory Panel Report Implementation Plan Resources/Division of Aquatic B. Pelagic Plan Team Report E. President Executive Order on Resources Report (Legislation, C. Scientific and Statistical Seafood Competitiveness Enforcement) Committee Report F. Stock Definitions in the Bottomfish C. Update on Managing Hawaii’s 10. Other Issues and Pelagic Fisheries Small-boat Fishery 11. Public Comment G. Advisory Group Reports and D. Main Hawaiian Islands (MHI) Uku 12. Discussion and Recommendations Recommendations Fishery 1. Advisory Panel Report 1. Western Pacific Stock Assessment Agenda for the Executive and Budget 2. Archipelagic Plan Team Report Review Report on the Uku Standing Committee 3. Pelagic Plan Team Report Benchmark Stock Assessment Monday, June 22, 2020, 3 p.m. to 5 p.m. 4. FDCRC Report 2. Peer-Reviewed Benchmark Stock 5. Scientific and Statistical Committee Assessment of Uku in MHI 1. Financial Reports Report E. Review of PRIA Marine 2. Administrative Reports H. Public Comment 3. COVID–19 Impacts Conservation Plan I. Council Discussion and Action F. Hawaii Community Activities A. Regional Impacts 8. Community Engagement and Public B. Council Operations and Actions G. Advisory Group Report and Relations 4. Freedom of Information Act, Office of Recommendations Inspector General and Wednesday, June 24, 2020, 11 a.m. to 5 1. Advisory Panel Report 2. Pelagic Plan Team Report Congressional Requests p.m. 3. Scientific and Statistical Committee 5. Council Coordination Committee 9. American Samoa Archipelago Report Meeting A. Motu Lipoti H. Public Comment A. Report of the May Meeting B. Department of Marine and Wildlife I. Council Discussion and Action B. Planning for September Meeting Resources Report (Legislation and 6. Council Family Changes Enforcement) Wednesday, June 24, 2020, 4 p.m. to 5 7. Marine Conservation Plans C. American Samoa Bottomfish p.m. 8. Meetings and Workshops Fishery Public Comment on Non-Agenda Items 9. Other Issues 1. Status of the Interim Measure 10. Public Comment 2. Status of the Annual Catch Limit Thursday, June 25, 2020, 11 a.m. to 5 11. Discussion and Recommendations Specification p.m. Agenda for the 182nd Council Meeting 3. Development of the Bottomfish 12. Protected Species Rebuilding Plan A. Endangered Species Act (ESA) and Tuesday, June 23, 2020, 11 a.m. to 5 D. American Samoa Community Marine Mammal Protection Act p.m. Activities Updates 1. Welcome and Introductions E. Advisory Group Report and 1. Status of ESA Consultations 2. Approval of the 182nd Agenda Recommendations B. Assessing Population Level 3. Approval of the 181st Meeting 1. Advisory Panel Report Impacts of Marine Turtle Minutes 2. Archipelagic Plan Team Report Interactions in the American Samoa 4. Executive Director’s Report 3. Scientific and Statistical Committee Longline Fishery 5. Agency Reports Report C. Summary of Available Information A. NOAA Office of General Counsel, F. Public Comment on Sea Turtle Interactions in Pacific Islands Section G. Council Discussion and Action Foreign Pelagic Fisheries B. National Marine Fisheries Service 10. Mariana Archipelago D. Advisory Group Report and 1. Pacific Islands Regional Office A. Guam Recommendations 2. Pacific Islands Fisheries Science 1. Isla Informe 1. Advisory Panel Report Center 2. Department of Agriculture/Division 2. Pelagic Plan Team Report C. U.S. State Department of Aquatic and Wildlife Resources 3. Scientific & Statistical Committee D. U.S. Fish and Wildlife Service Report (Legislation and Report

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E. Public Comment arising after publication of this Background F. Council Discussion and Action document that requires emergency On October 31, 2019, the Commission 13. Pelagic & International Fisheries action under section 305(c) of the found that the Commonwealth of A. Status of Council Actions and Magnuson-Stevens Act, provided the Virginia is out of compliance with the Amendments public has been notified of the Council’s Commission’s Interstate Fishery 1. Amendment 8: International intent to take action to address the Management Plan (Plan) for Atlantic Measures Implemented into the emergency. menhaden. Specifically, the Pelagic Fishery Ecosystem Plan and Special Accommodations Commission required Virginia to Western and Central Pacific Ocean implement a total allowable harvest These meetings are accessible to Striped Marlin Catch Limits from the Chesapeake Bay Reduction people with disabilities. Requests for 2. Amendment 9: Multi-year Fishery that would not exceed 51,000 sign language interpretation or other Specifications for U.S. and metric tons (mt). Amendment 3 was auxiliary aids should be directed to Territorial Bigeye Longline approved in the fall 2017, and was to be Kitty M. Simonds, (808) 522–8220 Allocation Limits fully implemented by the (voice) or (808) 522–8226 (fax), at least 3. Amendment 10: Shallow-set Trip Commonwealth of Virginia for the 2018 5 days prior to the meeting date. Limits for Sea Turtle Interactions fishing season. Virginia, however, did B. Mandatory Electronic Reporting for Authority: 16 U.S.C. 1801 et seq. not implement the Commission’s the Hawaii Longline Fishery (Initial Dated: June 1, 2020. recommended 51,000 mt cap and Action Item) instead maintained its pre-existing C. 2021 U.S. and Territorial Longline Tracey L. Thompson, Acting Deputy Director, Office of Sustainable 87,216 mt cap. At the time, Atlantic Bigeye Specifications (Final Action menhaden in Virginia were managed by Item) Fisheries, National Marine Fisheries Service. [FR Doc. 2020–12072 Filed 6–3–20; 8:45 am] the legislature and not the Virginia D. Stock Status Determination for Marine Resources Commission, which BILLING CODE 3510–22–P Oceanic Whitetip Shark and Striped manages all other Virginia fishery Marlin species. The Virginia delegation to the E. Considerations for Developing DEPARTMENT OF COMMERCE Commission agreed it was out of RPMs and/or RPAs for the Deep-set compliance and voted for a non- and American Samoa Longline National Oceanic and Atmospheric compliance finding at the Commission’s Fisheries Administration Atlantic Menhaden and Policy Boards F. Pre-Assessment Workshop as well as the Commission’s Business RIN 0648–XV136 Outcomes for Yellowfin and Bigeye Section. The Commission forwarded its Tunas Atlantic Coastal Fisheries Cooperative findings of their October 31, 2019 vote G. International Fisheries in a formal non-compliance referral 1. WCPFC Permanent Advisory Management Act Provisions; Atlantic Menhaden Fishery letter that was received by NMFS on Committee Report November 18, 2019. On December 17, 2. Workshop on Area-Based AGENCY: National Marine Fisheries 2019, NMFS notified the Management of Blue Water Service (NMFS), National Oceanic and Commonwealth of Virginia and the Fisheries Atmospheric Administration (NOAA), Commission of its determination that H. Advisory Group Report and Commerce. Virginia failed to carry out its Recommendations ACTION: Notice of withdrawal of federal responsibilities under the Commission’s 1. Advisory Panel Report moratorium. Atlantic Menhaden Plan and that the 2. Pelagic Plan Team Report measures Virginia had failed to 3. Scientific and Statistical Committee SUMMARY: NMFS announces the implement and enforce are necessary for Report withdrawal of the Federal moratorium the conservation of the menhaden I. Standing Committee Report and on fishing for Atlantic menhaden in the resource. In this determination and Recommendations waters of the Commonwealth of notification, NMFS detailed the actions J. Public Comment Virginia. NMFS withdraws the necessary to avoid the implementation K. Council Discussion and Action moratorium, as required by the Atlantic of a Federal moratorium for menhaden 14. Administrative Matters Coastal Fisheries Cooperative in Virginia waters. Details of this A. Financial Reports Management Act (Atlantic Coastal Act), determination were provided in a 1. Current Grants based on its determination that Virginia Federal Register notice published on B. Administrative Reports is now in compliance with the Atlantic December 27, 2019 (84 FR 71329), and C. Council Coordination Committee States Marine Fisheries Commission’s are not repeated here. Meetings (Commission) Interstate Fishery D. Council Family Changes Management Plan for Atlantic Activities Pursuant to the Atlantic E. Meetings and Workshops Menhaden. Coastal Act F. Standing Committee Report and DATES: June 4, 2020. The Atlantic Coastal Act specifies Recommendations that, if, after a moratorium is declared G. Public Comment ADDRESSES: Jennifer Wallace, Acting with respect to a State, the Secretary is H. Council Discussion and Action Director, Office of Sustainable Fisheries, notified by the Commission that it is Non-emergency issues not contained NMFS, 1315 East-West Highway, Room withdrawing the determination of in this agenda may come before the 13362, Silver Spring, MD 20910. noncompliance, the Secretary shall Council for discussion and formal FOR FURTHER INFORMATION CONTACT: immediately determine whether the Council action during its 182nd Derek Orner, Fishery Management State is in compliance with the meeting. However, Council action on Specialist, NMFS Office of Sustainable applicable Plan. If the Secretary regulatory issues will be restricted to Fisheries, (301) 427–8567; derek.orner@ determines that the State is in those issues specifically listed in this noaa.gov. compliance, then the moratorium shall document and any regulatory issue SUPPLEMENTARY INFORMATION: be withdrawn. On May 12, 2020, NMFS

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received a letter from the Commission CRSRA, 1335 East West Highway, G– DEPARTMENT OF EDUCATION that Virginia had taken corrective action 101, Silver Spring, Maryland 20910; to comply with the Atlantic Menhaden (301) 713–7047 or [email protected]. [Docket No.: ED–2020–SCC–0083] Plan, and that the Commission has SUPPLEMENTARY INFORMATION: As Agency Information Collection withdrawn its determination of non- Activities; Submission to the Office of compliance. required by Section 10(a)(2) of the Federal Advisory Committee Act, 5 Management and Budget for Review Withdrawal of the Moratorium U.S.C. App. (FACA) and its and Approval; Comment Request; Based on the Commission’s May 12, implementing regulations, see 41 CFR Education Innovation and Research 2020, letter, as well as information 102–3.150, notice is hereby given of the (EIR) Application Package received from the Commonwealth of meeting of ACCRES. ACCRES was AGENCY: Office of Innovation and Virginia, and NMFS’ review of established by the Secretary of Improvement (OII), Department of Virginia’s revised Atlantic menhaden Commerce (Secretary) on May 21, 2002, Education (ED). regulations, NMFS concurs with the to advise the Secretary through the ACTION: Notice. Commission’s determination that Under Secretary of Commerce for Virginia is now in compliance with the Oceans and Atmosphere on matters SUMMARY: In accordance with the Atlantic Menhaden Plan. Specifically, relating to the U.S. commercial remote Paperwork Reduction Act of 1995, ED is NMFS reviewed the Commission’s sensing space industry and on the proposing a reinstatement of a Menhaden Plan and Virginia’s recently National Oceanic and Atmospheric previously approved information approved management measures. The Administration’s activities to carry out collection. management measures implement a the responsibilities of the Department of DATES: Interested persons are invited to program that is consistent with the Commerce set forth in the National and submit comments on or before July 6, Atlantic menhaden management Commercial Space Programs Act of 2010 2020. program set by the Commission to (51 U.S.C. 60101 et seq.). conserve menhaden in Chesapeake Bay ADDRESSES: Written comments and and achieve the objectives specified in Purpose of the Meeting and Matters To recommendations for proposed the Plan. Therefore, we concur with the Be Considered information collection requests should Commission’s finding that Virginia is be sent within 30 days of publication of now in compliance and that the The meeting will be open to the this notice to www.reginfo.gov/public/ moratorium on fishing for, possession public pursuant to Section 10(a)(1) of do/PRAMain. Find this particular of, and landing of Atlantic menhaden by the FACA. During the meeting, the information collection request by the recreational and commercial Committee will hear a report out of the selecting ‘‘Department of Education’’ fishermen within Virginia waters is no Synthetic Aperture Radar (SAR) Task under ‘‘Currently Under Review,’’ then longer necessary to conserve the fishery. Group and discuss the newly released check ‘‘Only Show ICR for Public The moratorium, which was scheduled Final Rule on Licensing of Private Comment’’ checkbox. for June 17, 2020, is withdrawn. Remote Sensing Space Systems. FOR FURTHER INFORMATION CONTACT: For Authority: 16 U.S.C. 5101 et seq. specific questions related to collection Additional Information and Public activities, please contact Ashley Brizzo, Dated: June 1, 2020. Comments 202–453–6987. Jennifer M. Wallace, SUPPLEMENTARY INFORMATION: The Acting Director, Office of Sustainable The meeting will be held over three Fisheries, National Marine Fisheries Service. half-days and will be conducted via Department of Education (ED), in accordance with the Paperwork [FR Doc. 2020–12071 Filed 6–3–20; 8:45 am] Cisco WebEx. The agenda, speakers and Reduction Act of 1995 (PRA) (44 U.S.C. BILLING CODE 3510–22–P times are subject to change. For updates, please check online at https:// 3506(c)(2)(A)), provides the general www.nesdis.noaa.gov/CRSRA/ public and Federal agencies with an DEPARTMENT OF COMMERCE accresMeetings.html. You may also sign opportunity to comment on proposed, up to receive meeting emails at: https:// revised, and continuing collections of information. This helps the Department National Oceanic and Atmospheric forms.gle/sfvLt8Rfj7e8C2WNA or by assess the impact of its information Administration directly emailing. collection requirements and minimize Meeting of the Advisory Committee on Public comments are encouraged. the public’s reporting burden. It also Commercial Remote Sensing Individuals or groups who would like to helps the public understand the submit advance written comments, Department’s information collection ACTION: Notice of meeting. please email them to Tahara.Dawkins@ requirements and provide the requested noaa.gov, and [email protected]. data in the desired format. ED is SUMMARY: The Advisory Committee on soliciting comments on the proposed Commercial Remote Sensing Stephen M. Volz, information collection request (ICR) that (‘‘ACCRES’’ or ‘‘the Committee’’) will Assistant Administrator for Satellite and is described below. The Department of meet for three half-day meetings from Information Services. Education is especially interested in June 23–June 25, 2020. [FR Doc. 2020–12062 Filed 6–3–20; 8:45 am] public comment addressing the DATES: The meeting is scheduled as BILLING CODE 3510–HR–P following issues: (1) Is this collection follows: June 23–June 25, 2020 from necessary to the proper functions of the 10:00 a.m.–1:30 p.m. Eastern Daylight Department; (2) will this information be Time (EDT) each day. processed and used in a timely manner; ADDRESSES: The meeting will be held (3) is the estimate of burden accurate; virtually via Cisco WebEx. (4) how might the Department enhance FOR FURTHER INFORMATION CONTACT: the quality, utility, and clarity of the Tashaun Pierre, NOAA/NESDIS/ information to be collected; and (5) how

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might the Department minimize the SUMMARY: In accordance with the (4) how might the Department enhance burden of this collection on the Paperwork Reduction Act of 1995, ED is the quality, utility, and clarity of the respondents, including through the use proposing a revision of an existing information to be collected; and (5) how of information technology. Please note information collection. might the Department minimize the that written comments received in DATES: Interested persons are invited to burden of this collection on the response to this notice will be submit comments on or before August 3, respondents, including through the use considered public records. 2020. of information technology. Please note Title of Collection: Education ADDRESSES: To access and review all the that written comments received in Innovation and Research (EIR) documents related to the information response to this notice will be Application Package. collection listed in this notice, please considered public records. OMB Control Number: 1855–0021. use http://www.regulations.gov by Title of Collection: William D. Ford Type of Review: A reinstatement of a searching the Docket ID number ED– Federal Direct Loan Program, Federal previously approved information 2020–SCC–0084. Comments submitted Direct PLUS Loan Request for collection. in response to this notice should be Supplemental Information. Respondents/Affected Public: State, submitted electronically through the OMB Control Number: 1845–0103. Local, and Tribal Governments. Federal eRulemaking Portal at http:// Type of Review: A revision of an Total Estimated Number of Annual www.regulations.gov by selecting the existing information collection. Responses: 50. Docket ID number or via postal mail, Respondents/Affected Public: Total Estimated Number of Annual commercial delivery, or hand delivery. Individuals or Households. Burden Hours: 1,500. If the regulations.gov site is not Total Estimated Number of Annual Abstract: On April 13, 2020 the available to the public for any reason, Responses: 1,230,000. Department of Education published in ED will temporarily accept comments at Total Estimated Number of Annual the Federal Register a Notice of [email protected]. Please include the Burden Hours: 615,000. Proposed Priorities, Requirements, docket ID number and the title of the Abstract: The Federal Direct PLUS Definition, and Selection Criteria for the information collection request when Loan Request for Supplemental Education Innovation and Research requesting documents or submitting Information serves as the means by Grant Programs’s Teacher-Directed comments. Please note that comments which a parent or graduate/professional Professional Learning Experiences (Vol. submitted by fax or email and those student Direct PLUS Loan applicant 85, No. 71, pages 20455–20460). submitted after the comment period will may provide certain information to a Specifically, the Department proposed a not be accepted. Written requests for school that will assist the school in new priority and accompanying information or comments submitted by originating the borrower’s Direct PLUS application requirements, definition, postal mail or delivery should be Loan award, as an alternative to and selection criteria for applicants addressed to the Director of the Strategic providing this information to the school proposing to empower teachers to select Collections and Clearance Governance by other means established by the professional learning. The Innovation and Strategy Division, U.S. Department school. and Early Learning Programs Division of of Education, 400 Maryland Ave. SW, This is a request for a revision of the the Department is requesting a LBJ, Room 6W–208D, Washington, DC currently approved form. The form was reinstatement with change of the 20202–4537. reorganized for improved usability and previously OMB approved 1855–0021 FOR FURTHER INFORMATION CONTACT: For flow. collection due to this rulemaking for the specific questions related to collection Dated: June 1, 2020. Education Innovation and Research activities, please contact Beth Kate Mullan, (EIR) Application Package program Grebeldinger, 202–377–4018. PRA Coordinator, Strategic Collections and authorized under Title VI, Part F, SUPPLEMENTARY INFORMATION: The Clearance, Governance and Strategy Division, Subpart 1, of the Elementary and Department of Education (ED), in Office of Chief Data Officer. Secondary Education Act, as amended accordance with the Paperwork [FR Doc. 2020–12095 Filed 6–3–20; 8:45 am] by the Every Student Succeeds Act. Reduction Act of 1995 (PRA) (44 U.S.C. BILLING CODE 4000–01–P Dated: June 1, 2020. 3506(c)(2)(A)), provides the general Kate Mullan, public and Federal agencies with an PRA Coordinator, Strategic Collections and opportunity to comment on proposed, DEPARTMENT OF ENERGY Clearance, Governance and Strategy Division, revised, and continuing collections of Office of Chief Data Officer. information. This helps the Department President’s Council of Advisors on [FR Doc. 2020–12032 Filed 6–3–20; 8:45 am] assess the impact of its information Science and Technology (PCAST) BILLING CODE 4000–01–P collection requirements and minimize the public’s reporting burden. It also AGENCY: Office of Science, Department helps the public understand the of Energy. DEPARTMENT OF EDUCATION Department’s information collection ACTION: Notice of open virtual meeting. requirements and provide the requested [Docket No. ED–2020–SCC–0084] data in the desired format. ED is SUMMARY: This notice announces an soliciting comments on the proposed open teleconference meeting of the Agency Information Collection information collection request (ICR) that President’s Council of Advisors on Activities; Comment Request; William is described below. The Department of Science and Technology (PCAST), and D. Ford Federal Direct Loan Program, Education is especially interested in describes the functions of the Council. Federal Direct PLUS Loan Request for public comment addressing the The Federal Advisory Committee Act Supplemental Information following issues: (1) Is this collection (FACA) requires that public notice of these meetings be announced in the AGENCY: Federal Student Aid (FSA), necessary to the proper functions of the Federal Register. Department of Education (ED). Department; (2) will this information be processed and used in a timely manner; DATES: June 30, 2020; 9:30 a.m. to 5:30 ACTION: Notice. (3) is the estimate of burden accurate; p.m.

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ADDRESSES: The meeting will be held speakers as possible, the time for public Department of Energy Organization Act virtually. Information to participate can comments will be limited to two (2) (42 U.S.C. 7151(b) and 42 U.S.C. be found on the website closer to the minutes per person, with a total public 7172(f)). Such exports require meeting date at https://science.osti.gov/ comment period of up to 10 minutes. If authorization under section 202(e) of About/PCAST/Meetings. more speakers register than there is the Federal Power Act (16 U.S.C. FOR FURTHER INFORMATION CONTACT: space available on the agenda, PCAST 824a(e)). Edward McGinnis, Executive Director, will select speakers on a first-come, first-served basis from those who On July 8, 2015, DOE issued Order PCAST, 202–456–6076 or PCAST@ No. EA–185–D, which authorized MSCG ostp.eop.gov. applied. Those not able to present oral comments may always file written to transmit electric energy from the SUPPLEMENTARY INFORMATION: PCAST is comments with the committee. Unites States to Canada as a power an advisory group of the nation’s Written Comments: Although written marketer for a five-year term using leading scientists and engineers, comments are accepted continuously, existing international transmission appointed by the President to augment written comments should be submitted facilities appropriate for open access. the science and technology advice to [email protected] no later than This authorization expires on August available to him from inside the White 12:00 p.m., Eastern Time on June 22, 21, 2020. On May 21, 2020, MSCG filed House, cabinet departments, and other 2020 so that the comments may be made an application (Application or App.) Federal agencies. See the Executive available to the PCAST members prior with DOE for renewal of the export Order at whitehouse.gov. PCAST is to this meeting for their consideration. authorization contained in Order No. consulted about and provides analyses Please note that because PCAST EA–185–D. and recommendations concerning a operates under the provisions of FACA, wide range of issues where MSCG states that it ‘‘is a Delaware all public comments and/or understandings from the domains of corporation with its principal place of presentations will be treated as public science, technology, and innovation business in New York, New York’’ and documents and will be made available may bear on the policy choices before that it ‘‘is an indirect, wholly-owned for public inspection, including being the President. PCAST is chaired by Dr. subsidiary of Morgan Stanley.’’ App. at posted on the PCAST website. Kelvin Droegemeier, Director, Office of 2. MSCG adds that it ‘‘does not directly Minutes: Minutes will be available Science and Technology Policy, own or control any electric generation Executive Office of the President, The within 45 days by emailing PCAST@ ostp.eop.gov. or transmission facilities, nor does it White House. The Designated Federal hold a franchise or service territory for Officer is Ed McGinnis, Executive Signed in Washington, DC, on May 29, the transmission, distribution, or sale of Director. Information about PCAST can 2020. electric power.’’ Id. at 3. be found at: https://science.osti.gov/ LaTanya Butler, About/PCAST. Deputy Committee Management Officer. MSCG further states that it ‘‘has purchased, or will purchase, the power Type of Meeting: Open. [FR Doc. 2020–12015 Filed 6–3–20; 8:45 am] that may be exported to Canada from Proposed Schedule and Tentative BILLING CODE 6450–01–P Agenda: Discussions of the wholesale generators, electric utilities, Subcommittee on American Global and federal power marketing agencies.’’ Leadership in Industries of the Future; DEPARTMENT OF ENERGY App. at 6–7. MSCG contends that its Subcommittee on New Models of proposed exports ‘‘will not impair the Engagement for Federal and National [OE Docket No. EA–185–E] sufficiency of electric supply within the Laboratories in the Multi-Sector R&D Application To Export Electric Energy; United States’’ and ‘‘will neither impede Enterprise; and Subcommittee on Morgan Stanley Capital Group Inc. nor tend to impede’’ the operational Meeting National Needs for STEM reliability of the bulk power system. Id. Education and a Diverse, Multi-Sector AGENCY: Office of Electricity, at 1–2. Workforce. Department of Energy. The existing international Public Comments: It is the policy of ACTION: Notice of application. the PCAST to accept written public transmission facilities to be utilized by the Applicant have previously been comments no longer than 20 pages and SUMMARY: Morgan Stanley Capital Group authorized by Presidential permits to accommodate oral public comments Inc. (Applicant or MSCG) has applied issued pursuant to Executive Order whenever possible. The PCAST expects for authorization to transmit electric 10485, as amended, and are appropriate that public statements presented at its energy from the United States to Canada meetings will not be repetitive of pursuant to the Federal Power Act. for open access transmission by third previously submitted oral or written parties. DATES: Comments, protests, or motions statements. to intervene must be submitted on or PROCEDURAL MATTERS: Any person The public comment period for this before July 6, 2020. desiring to be heard in this proceeding meeting will take place on June 30, 2020 should file a comment or protest to the at a time specified in the meeting ADDRESSES: Comments, protests, Application at the address provided agenda. This public comment period is motions to intervene, or requests for above. Protests should be filed in designed only for substantive more information should be addressed commentary on PCAST’s work, not for by electronic mail to accordance with Rule 211 of the Federal business marketing purposes. [email protected], or by Energy Regulatory Commission’s (FERC) Oral Comments: To be considered for facsimile to (202) 586–8008. Rules of Practice and Procedure (18 CFR the public speaker list at the meeting, SUPPLEMENTARY INFORMATION: The 385.211). Any person desiring to interested parties should register to Department of Energy (DOE) regulates become a party to this proceeding speak at [email protected], no later exports of electricity from the United should file a motion to intervene at the than 12:00 p.m., Eastern Time on June States to a foreign country, pursuant to above address in accordance with FERC 22, 2020. To accommodate as many sections 301(b) and 402(f) of the Rule 214 (18 CFR 385.214).

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Comments and other filings f. Location: On the Magalloway River issued by the President on March 13, concerning MSCG’s application to in Oxford County, Maine. The project 2020. For assistance, contact FERC at export electric energy to Canada should does not occupy any federal land. [email protected] or call be clearly marked with OE Docket No. g. Filed Pursuant to: 18 CFR part 5 of toll-free, (866) 208–3676 or TYY, (202) EA–185–E. Additional copies are to be the Commission’s Regulations. 502–8659. h. Potential Applicant Contact: Randy provided directly to Edward Zabrocki, Register online at http:// 1633 Broadway, 29th Floor, New York, Dorman, Brookfield Renewable, 150 Main Street, Lewiston, ME 04240; www.ferc.gov/docs-filing/ NY 10019, Ed.Zabrocki@ esubscription.asp to be notified via morganstanley.com; Daniel E. Frank, phone at (207) 755–5605, or email at Randy.Dorman@ email of new filings and issuances 700 Sixth St. NW, Suite 700, related to this or other pending projects. Washington, DC 20001–3980, brookfieldrenewable.com. i. FERC Contact: Dr. Nicholas Palso at For assistance, please contact FERC [email protected]; Online Support. and Martha M. Hopkins, 700 Sixth St. (202) 502–8854 or email at NW, Suite 700, Washington, DC 20001– [email protected]. o. With this notice, we are soliciting 3980, martyhopkins@eversheds- j. Cooperating agencies: Federal, state, comments on the PAD and Commission sutherland.com. local, and tribal agencies with staff’s Scoping Document 1 (SD1), as A final decision will be made on this jurisdiction and/or special expertise well as study requests. All comments on Application after the environmental with respect to environmental issues the PAD and SD1, and study requests impacts have been evaluated pursuant that wish to cooperate in the should be sent to the address above in to DOE’s National Environmental Policy preparation of the environmental paragraph h. In addition, all comments Act Implementing Procedures (10 CFR document should follow the on the PAD and SD1, study requests, part 1021) and after DOE determines instructions for filing such requests requests for cooperating agency status, that the proposed action will not have described in item o below. Cooperating and all communications to and from an adverse impact on the sufficiency of agencies should note the Commission’s Commission staff related to the merits of supply or reliability of the U.S. electric policy that agencies that cooperate in the potential application must be filed power supply system. the preparation of the environmental with the Commission. document cannot also intervene. See 94 Copies of this Application will be The Commission strongly encourages made available, upon request, by FERC 61,076 (2001). k. With this notice, we are initiating electronic filing. Please file all accessing the program website at http:// documents using the Commission’s energy.gov/node/11845, or by emailing informal consultation with: (a) The U.S. Fish and Wildlife Service and/or NOAA eFiling system at http://www.ferc.gov/ Matthew Aronoff at matthew.aronoff@ docs-filing/efiling.asp. Commenters can hq.doe.gov. Fisheries under section 7 of the Endangered Species Act and the joint submit brief comments up to 6,000 Signed in Washington, DC, on May 29, agency regulations thereunder at 50 CFR characters, without prior registration, 2020. part 402; and (b) the Maine State using the eComment system at http:// Christopher Lawrence, Historic Preservation Officer (SHPO) as www.ferc.gov/docs-filing/ Management and Program Analyst, required by section 106 of the National ecomment.asp. You must include your Transmission Permitting and Technical Historic Preservation Act and the name and contact information at the end Assistance, Office of Electricity. implementing regulations of the of your comments. For assistance, [FR Doc. 2020–11995 Filed 6–3–20; 8:45 am] Advisory Council on Historic please contact FERC Online Support at BILLING CODE 6450–01–P Preservation at 36 CFR 800.2. [email protected]. In lieu of l. With this notice, we are designating electronic filing, please send a paper ARCO as the Commission’s non-federal copy to: Secretary, Federal Energy DEPARTMENT OF ENERGY representative for carrying out informal Regulatory Commission, 888 First Street Federal Energy Regulatory consultation pursuant to section 7 of the NE, Washington, DC 20426. The first Commission Endangered Species Act and section 106 page of any filing should include docket of the National Historic Preservation number P–4026–053. [Project No. 4026–053] Act. All filings with the Commission must m. ARCO filed with the Commission bear the appropriate heading: Androscoggin Reservoir Company; a Pre-Application Document (PAD; Notice of Intent To File License Comments on Pre-Application including a proposed process plan and Document, Study Requests, Comments Application, Filing of Pre-Application schedule), pursuant to 18 CFR 5.6 of the Document (PAD), Commencement of on Scoping Document 1, Request for Commission’s regulations. Cooperating Agency Status, or Pre-Filing Process, and Scoping; n. In addition to publishing the full Communications to and from Waiving Parts of the Pre-Filing text of this document in the Federal Commission Staff. Any individual or Process; Request for Comments on Register, the Commission provides all the PAD and Scoping Document, and interested persons an opportunity to entity interested in submitting study Identification of Issues and Associated view and/or print the contents via the requests, commenting on the PAD or Study Requests internet through the Commission’s SD1, and any agency requesting Home Page (http://www.ferc.gov) using cooperating status must do so within 60 a. Type of Filing: Notice of Intent to days of the date of this notice. File License Application for a New the eLibrary link. Enter the docket License and Commencing Pre-filing number excluding the last three digits in p. Although our current intent is to Process. the docket number field to access the prepare an environmental assessment b. Project No.: 4026–053. document. At this time, the Commission (EA), there is the possibility that an c. Dated Filed: March 30, 2020. has suspended access to the Environmental Impact Statement (EIS) d. Submitted By: Androscoggin Commission’s Public Reference Room, will be required. The scoping process Reservoir Company (ARCO). due to the proclamation declaring a will satisfy the NEPA scoping e. Name of Project: Aziscohos National Emergency concerning the requirements, irrespective of whether an Hydroelectric Project. Novel Coronavirus Disease (COVID–19), EA or EIS is issued by the Commission.

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Scoping Meetings and Environmental f. Location: The project is located on l. In addition to publishing the full Site Review the Catawba-Wateree River in Burke, text of this document in the Federal Due to the proclamation declaring a McDowell, Caldwell, Catawba, Register, the Commission provides all National Emergency concerning the Alexander, Iredell, Mecklenburg, interested persons an opportunity to Novel Coronavirus Disease (COVID–19), Lincoln, and Gaston counties, North view and/or print the contents of this issued by the President on March 13, Carolina, and York, Lancaster, Chester, document via the internet through the 2020, we are waiving section 5.8(b)(viii) Fairfield, and Kershaw counties South Commission’s Home Page (http:// of the Commission’s regulations and do Carolina. ferc.gov) using the eLibrary link. Enter not intend to conduct a public scoping g. Filed Pursuant to: Federal Power the docket number excluding the last meeting or site visit in this case. Instead, Act, 16 U.S.C. 791(a)–825(r). three digits in the docket number field we are soliciting written comments, h. Applicant Contact: Mr. Jeffrey G. to access the document. At this time, the recommendations, and information on Lineberger, Director of Water Strategy Commission has suspended access to the SD1. Any individual or entity and Hydro Licensing, Duke Energy, Mail the Commission’s Public Reference interested in submitting scoping Code EC–12Y, 526 South Church Street, Room, due to the proclamation Charlotte, NC 28202, (704) 382–5942. comments must do so by the date declaring a National Emergency i. FERC Contact: Mr. Steven Sachs, specified in item o. SD1, which outlines concerning the Novel Coronavirus (202) 502–8666, [email protected]. the subject areas to be addressed in the Disease (COVID–19), issued by the j. Deadline for filing comments, environmental document, was mailed to President on March 13, 2020. For the individuals and entities on the motions to intervene, and protests is 30 days from the issuance of this notice by assistance, contact FERC at Commission’s mailing list. Copies of [email protected] or call SD1 may be viewed on the web at the Commission. The Commission strongly encourages electronic filing. toll-free, (886) 208–3676 or TYY, (202) http://www.ferc.gov, using the eLibrary 502–8659. link. Follow the directions for accessing Please file comments, motions to information in paragraph n. Based on all intervene, and protests using the m. Individuals desiring to be included written comments, a Scoping Document Commission’s eFiling system at http:// on the Commission’s mailing list should 2 (SD2) may be issued. SD2 may include www.ferc.gov/docs-filing/efiling.asp. so indicate by writing to the Secretary a revised process plan and schedule, as Commenters can submit brief comments of the Commission. up to 6,000 characters, without prior well as a list of issues, identified n. Comments, Motions to Intervene, or registration, using the eComment system through the scoping process. Protests: Anyone may submit at http://www.ferc.gov/doc-sfiling/ We may conduct the site visit, if comments, a motion to intervene, or a needed, later in the process, such as in ecomment.asp. You must include your name and contact information at the end protest in accordance with the conjunction with the study plan requirements of Rules of Practice and meeting required by section 5.11(e) of of your comments. For assistance, please contact FERC Online Support at Procedure, 18 CFR 385.210, .211, .214. the Commission’s regulations, which is In determining the appropriate action to required to occur by October 11, 2020. [email protected], (866) take, the Commission will consider all Further revisions to the schedule may 208–3676 (toll free), or (202) 502–8659 protests or other comments filed, but be made as appropriate. (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal only those who file a motion to Dated: May 29, 2020. Energy Regulatory Commission, 888 intervene in accordance with the Kimberly D. Bose, First Street NE, Washington, DC 20426. Commission’s Rules may become a Secretary. The first page of any filing should party to the proceeding. Any comments, [FR Doc. 2020–12051 Filed 6–3–20; 8:45 am] include docket number P–2232–768. motions to intervene, or protests must BILLING CODE 6717–01–P The Commission’s Rules of Practice be received on or before the specified and Procedure require all intervenors comment date for the particular filing documents with the Commission application. DEPARTMENT OF ENERGY to serve a copy of that document on o. Filing and Service of Responsive each person on the official service list Federal Energy Regulatory Documents: Any filing must (1) bear in for the project. Further, if an intervenor Commission all capital letters the title COMMENTS, files comments or documents with the MOTION TO INTERVENE, or PROTEST Commission relating to the merits of an as applicable; (2) set forth in the [P–2232–768] issue that may affect the responsibilities of a particular resource agency, they heading the name of the applicant and Duke Energy Carolinas, LLC; Notice of the project number(s) of the application Application Accepted for Filing and must also serve a copy of the document on that resource agency. to which the filing responds; (3) furnish Soliciting Comments, Motions To the name, address, and telephone Intervene, and Protests k. Description of Request: The applicant proposes to replace two number of the person intervening or Take notice that the following turbines and related equipment at the protesting; and (4) otherwise comply hydroelectric application has been filed Mountain Island development of the with the requirements of 18 CFR with the Commission and is available project. The proposal would increase 385.2001 through 385.2005. All for public inspection. the total installed capacity of the project comments, motions to intervene, or a. Type of Application: Non-capacity from 805.302 to 810.252 megawatts, and protests must set forth their evidentiary amendment to replace turbines. would raise the hydraulic capacity of basis. A copy of all other filings in b. Project No.: 2232–768. the Mountain Island development from reference to this application must be c. Date Filed: May 14, 2020. 11,700 to 12,130 cubic feet per second. accompanied by proof of service on all d. Applicant: Duke Energy Carolinas, The applicant does not propose any persons listed in the service list LLC. operational changes to the project prepared by the Commission in this e. Name of Project: Catawba-Wateree following installation of the new proceeding, in accordance with 18 CFR Hydroelectric Project. turbines. 385.2010.

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Dated: May 29, 2020. interested persons an opportunity to Commission’s Home Page (http:// Kimberly D. Bose, view and/or print the contents of this ferc.gov) using the eLibrary link. Enter Secretary. document via the internet through the the docket number excluding the last [FR Doc. 2020–12049 Filed 6–3–20; 8:45 am] Commission’s Home Page (http:// three digits in the docket number field BILLING CODE 6717–01–P ferc.gov) using the eLibrary link. Enter to access the document. At this time, the the docket number excluding the last Commission has suspended access to three digits in the docket number field the Commission’s Public Reference DEPARTMENT OF ENERGY to access the document. At this time, the Room, due to the proclamation Commission has suspended access to declaring a National Emergency Federal Energy Regulatory the Commission’s Public Reference concerning the Novel Coronavirus Commission Room, due to the proclamation Disease (COVID–19), issued by the [Docket No. ER20–1911–000] declaring a National Emergency President on March 13, 2020. For concerning the Novel Coronavirus assistance, contact the Federal Energy Desert Harvest II LLC; Supplemental Disease (COVID–19), issued by the Regulatory Commission at Notice That Initial Market-Based Rate President on March 13, 2020. For [email protected] or call Filing Includes Request for Blanket assistance, contact the Federal Energy toll-free, (886) 208–3676 or TYY, (202) Section 204 Authorization Regulatory Commission at 502–8659. [email protected] or call The Commission strongly encourages This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) electronic filings of comments, protests above-referenced proceeding of Desert 502–8659. and interventions in lieu of paper using Harvest II LLC’s application for market- the eFiling link at http://www.ferc.gov. based rate authority, with an Dated: May 29, 2020. Persons unable to file electronically may accompanying rate tariff, noting that Kimberly D. Bose, mail similar pleadings to the Federal such application includes a request for Secretary. Energy Regulatory Commission, 888 blanket authorization, under 18 CFR [FR Doc. 2020–12054 Filed 6–3–20; 8:45 am] First Street NE, Washington, DC 20426. part 34, of future issuances of securities BILLING CODE 6717–01–P Hand delivered submissions in and assumptions of liability. docketed proceedings should be Any person desiring to intervene or to delivered to Health and Human protest should file with the Federal DEPARTMENT OF ENERGY Services, 12225 Wilkins Avenue, Energy Regulatory Commission, 888 Rockville, Maryland 20852. First Street NE, Washington, DC 20426, Federal Energy Regulatory in accordance with Rules 211 and 214 Commission Comment Date: 5:00 p.m. Eastern Time on June 19, 2020. of the Commission’s Rules of Practice [Docket No. ID–8512–001] and Procedure (18 CFR 385.211 and Dated: May 29, 2020. 385.214). Anyone filing a motion to Miller, Paul J.; Notice of Filing Kimberly D. Bose, intervene or protest must serve a copy Secretary. of that document on the Applicant. Take notice that on May 29, 2020, Paul J. Miller, submitted for filing, an [FR Doc. 2020–12048 Filed 6–3–20; 8:45 am] Notice is hereby given that the BILLING CODE 6717–01–P deadline for filing protests with regard application for authority to hold to the applicant’s request for blanket interlocking positions, pursuant to authorization, under 18 CFR part 34, of section 305(b) of the Federal Power Act, DEPARTMENT OF ENERGY future issuances of securities and 16 U.S.C. 825d (b), part 45 of the assumptions of liability, is June 18, Federal Energy Regulatory Federal Energy Regulatory 2020. Commission’s Rules of Practice and Commission The Commission encourages Procedure, 18 CFR part 45.8 (2019). Any person desiring to intervene or to electronic submission of protests and [Docket No. ER20–1910–000] interventions in lieu of paper, using the protest this filing must file in FERC Online links at http:// accordance with Rules 211 and 214 of Desert Harvest, LLC; Supplemental www.ferc.gov. To facilitate electronic the Commission’s Rules of Practice and Notice That Initial Market-Based Rate service, persons with internet access Procedure (18 CFR 385.211, 385.214). Filing Includes Request for Blanket who will eFile a document and/or be Protests will be considered by the Section 204 Authorization listed as a contact for an intervenor Commission in determining the must create and validate an appropriate action to be taken, but will This is a supplemental notice in the eRegistration account using the not serve to make protestants parties to above-referenced proceeding of Desert eRegistration link. Select the eFiling the proceeding. Any person wishing to Harvest, LLC’s application for market- link to log on and submit the become a party must file a notice of based rate authority, with an intervention or protests. intervention or motion to intervene, as accompanying rate tariff, noting that Persons unable to file electronically appropriate. Such notices, motions, or such application includes a request for may mail similar pleadings to the protests must be filed on or before the blanket authorization, under 18 CFR Federal Energy Regulatory Commission, comment date. On or before the part 34, of future issuances of securities 888 First Street NE, Washington, DC comment date, it is not necessary to and assumptions of liability. 20426. Hand delivered submissions in serve motions to intervene or protests Any person desiring to intervene or to docketed proceedings should be on persons other than the Applicant. protest should file with the Federal delivered to Health and Human In addition to publishing the full text Energy Regulatory Commission, 888 Services, 12225 Wilkins Avenue, of this document in the Federal First Street NE, Washington, DC 20426, Rockville, Maryland 20852. Register, the Commission provides all in accordance with Rules 211 and 214 In addition to publishing the full text interested persons an opportunity to of the Commission’s Rules of Practice of this document in the Federal view and/or print the contents of this and Procedure (18 CFR 385.211 and Register, the Commission provides all document via the internet through the 385.214). Anyone filing a motion to

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intervene or protest must serve a copy DEPARTMENT OF ENERGY Filed Date: 5/29/20. of that document on the Applicant. Accession Number: 20200529–5103. Federal Energy Regulatory Notice is hereby given that the Comments Due: 5 p.m. ET 6/19/20. Commission deadline for filing protests with regard Docket Numbers: ER20–1748–000; ER20–1747–000. to the applicant’s request for blanket Combined Notice of Filings #1 authorization, under 18 CFR part 34, of Applicants: Ewington Energy future issuances of securities and Take notice that the Commission Systems, LLC, South Fork Wind, LLC. assumptions of liability, is June 18, received the following exempt Description: Clarification to May 1, 2020, Ewington Energy Systems, LLC, et 2020. wholesale generator filings: Docket Numbers: EG20–170–000. al. tariff filings. The Commission encourages Applicants: Cedar Springs Wind III, Filed Date: 5/21/20. electronic submission of protests and LLC. Accession Number: 20200521–5145. interventions in lieu of paper, using the Description: Notice of Self- Comments Due: 5 p.m. ET 6/8/20. FERC Online links at http:// Certification of Exempt Wholesale Docket Numbers: ER20–1915–000. www.ferc.gov. To facilitate electronic Generator Status of Cedar Springs Wind Applicants: Maverick Solar, LLC. service, persons with internet access III, LLC. Description: Baseline eTariff Filing: who will eFile a document and/or be Filed Date: 5/28/20. Initial Market-Based Rate Petition of listed as a contact for an intervenor Accession Number: 20200528–5285. Maverick Solar to be effective 7/28/ must create and validate an Comments Due: 5 p.m. ET 6/18/20. 2020. eRegistration account using the Docket Numbers: EG20–171–000. Filed Date: 5/28/20. eRegistration link. Select the eFiling Applicants: Cedar Springs Wind, LLC. Accession Number: 20200528–5273 link to log on and submit the Description: Notice of Self- Comments Due: 5 p.m. ET 6/18/20. intervention or protests. Certification of Exempt Wholesale Docket Numbers: ER20–1916–000. Persons unable to file electronically Generator Status of Cedar Springs Wind, Applicants: Maverick Solar 4, LLC. may mail similar pleadings to the LLC. Description: Baseline eTariff Filing: Federal Energy Regulatory Commission, Filed Date: 5/28/20. Initial Market-Based Rate Petition of 888 First Street NE, Washington, DC Accession Number: 20200528–5295. Maverick Solar 4 to be effective 7/28/ 2020. 20426. Hand delivered submissions in Comments Due: 5 p.m. ET 6/18/20. Filed Date: 5/28/20. docketed proceedings should be Docket Numbers: EG20–172–000. Applicants: Cedar Springs Accession Number: 20200528–5289. delivered to Health and Human Comments Due: 5 p.m. ET 6/18/20. Services, 12225 Wilkins Avenue, Transmission LLC. Description: Notice of Self- Docket Numbers: ER20–1917–000. Rockville, Maryland 20852. Certification of Exempt Wholesale Applicants: EF Oxnard LLC. In addition to publishing the full text Generator Status of Cedar Springs Description: Baseline eTariff Filing: of this document in the Federal Transmission LLC. EF Oxnard Service Agreement Baseline Register, the Commission provides all Filed Date: 5/28/20. to be effective 6/1/2020. interested persons an opportunity to Accession Number: 20200528–5299. Filed Date: 5/28/20. view and/or print the contents of this Comments Due: 5 p.m. ET 6/18/20. Accession Number: 20200528–5305. document via the internet through the Take notice that the Commission Comments Due: 5 p.m. ET 6/18/20. Commission’s Home Page (http:// received the following electric rate Docket Numbers: ER20–1918–000. ferc.gov) using the eLibrary link. Enter filings: Applicants: Public Service Company the docket number excluding the last Docket Numbers: ER19–404–003. of Colorado. three digits in the docket number field Applicants: Public Service Company Description: § 205(d) Rate Filing: to access the document. At this time, the of Colorado. PSC–TSGT–OOM-ComancheTerm–542– Commission has suspended access to Description: Compliance filing: 0.0.0–Filing to be effective 5/30/2020. the Commission’s Public Reference OATT–Att O–SPS–Depr–ADIT– Filed Date: 5/29/20. Room, due to the proclamation Compliance: ER19–404 to be effective Accession Number: 20200529–5040. declaring a National Emergency 2/1/2019. Comments Due: 5 p.m. ET 6/19/20. concerning the Novel Coronavirus Filed Date: 5/28/20. Docket Numbers: ER20–1919–000. Disease (COVID–19), issued by the Accession Number: 20200528–5126. Applicants: Versant Power. President on March 13, 2020. For Comments Due: 5 p.m. ET 6/18/20. Description: Notice of Termination of assistance, contact the Federal Energy Docket Numbers: ER19–2722–001. Interconnection Agreement of Versant Regulatory Commission at Applicants: PJM Interconnection, Power. [email protected] or call L.L.C. Filed Date: 5/28/20. toll-free, (886) 208–3676 or TYY, (202) Description: Compliance filing: Errata Accession Number: 20200528–5359. 502–8659. to Pending Fast-Start Compliance Filing Comments Due: 5 p.m. ET 6/18/20. to be effective 12/31/9998. Docket Numbers: ER20–1921–000. Dated: May 29, 2020. Filed Date: 5/28/20. Applicants: Southwest Power Pool, Kimberly D. Bose, Accession Number: 20200528–5265. Inc. Secretary. Comments Due: 5 p.m. ET 6/18/20. Description: § 205(d) Rate Filing: [FR Doc. 2020–12055 Filed 6–3–20; 8:45 am] Docket Numbers: ER20–1449–001. Revisions to Attachment AF to Clarify BILLING CODE 6717–01–P Applicants: Midcontinent Market Mitigation Process to be effective Independent System Operator, Inc, 8/3/2020. Entergy Services, LLC. Filed Date: 5/29/20. Description: Tariff Amendment: Accession Number: 20200529–5044. 2020–05–29; Entergy NOL Extension of Comments Due: 5 p.m. ET 6/19/20. Time Filing to be effective 12/31/9998. Docket Numbers: ER20–1922–000.

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Applicants: Midcontinent DEPARTMENT OF ENERGY and competing applications using the Independent System Operator, Inc. Commission’s eFiling system at http:// Description: § 205(d) Rate Filing: Federal Energy Regulatory www.ferc.gov/docs-filing/efiling.asp. 2020–05–29_SA 3190 Alta Farms Wind- Commission Commenters can submit brief comments Ameren Illinois 1st Rev GIA (J474) to be [Project No. 15011–000] up to 6,000 characters, without prior effective 5/14/2020. registration, using the eComment system Renewable Energy Aggregators, Inc.; at http://www.ferc.gov/docs-filing/ Filed Date: 5/29/20. Notice of Preliminary Permit ecomment.asp. You must include your Accession Number: 20200529–5134. Application Accepted for Filing and name and contact information at the end Comments Due: 5 p.m. ET 6/19/20. Soliciting Comments, Motions To of your comments. For assistance, Intervene, and Competing Applications please contact FERC Online Support at Docket Numbers: ER20–1923–000. [email protected], (866) Applicants: Louisiana Generating On October 11, 2019, Renewable 208–3676 (toll free), or (202) 502–8659 LLC. Energy Aggregators, Inc. filed an (TTY). In lieu of electronic filing, please application for a preliminary permit, Description: Request to Recover Costs send a paper copy to: Secretary, Federal pursuant to section 4(f) of the Federal Associated with Acting as a Local Energy Regulatory Commission, 888 Power Act (FPA), proposing to study the Balancing Authority of Louisiana First Street NE, Washington, DC 20426. feasibility of the Delaney Pumped Generating LLC. The first page of any filing should Storage Project (Delaney Project or Filed Date: 5/29/20. include docket number P–15011–000. project) to be located near the town of More information about this project, Accession Number: 20200529–5155. Tonopah, Maricopa County, Arizona. including a copy of the application, can Comments Due: 5 p.m. ET 6/19/20. The sole purpose of a preliminary be viewed or printed on the eLibrary permit, if issued, is to grant the permit Docket Numbers: ER20–1924–000. link of Commission’s website at http:// holder priority to file a license www.ferc.gov/docs-filing/elibrary.asp. Applicants: Aequitas Energy, Inc. application during the permit term. A Enter the docket number (P–15011) in Description: Tariff Cancellation: Tariff preliminary permit does not authorize the docket number field to access the cancellation to be effective 6/1/2020. the permit holder to perform any land- document. For assistance, contact FERC disturbing activities or otherwise enter Online Support. Filed Date: 5/29/20. upon lands or waters owned by others Accession Number: 20200529–5219 without the owners’ express permission. Dated: May 29, 2020. Comments Due: 5 p.m. ET 6/19/20. The proposed project would consist of Kimberly D. Bose, the following: (1) A newly constructed Secretary. Docket Numbers: ER20–1925–000. upper reservoir with an earthen/roller- [FR Doc. 2020–12052 Filed 6–3–20; 8:45 am] Applicants: energy.me midwest, llc. compacted concrete dam and a surface BILLING CODE 6717–01–P Description: Tariff Cancellation: Tariff area of 150 acres with a storage capacity cancellation to be effective 6/1/2020. of 11,525 acre-feet of water; (2) a newly constructed lower reservoir of 2,000 DEPARTMENT OF ENERGY Filed Date: 5/29/20. acres with a storage capacity of Accession Number: 20200529–5223. approximately 15,250 acre-feet; (3) two Federal Energy Regulatory Comments Due: 5 p.m. ET 6/19/20. 22,000-foot-long, 19-foot-diameter Commission penstocks; (4) a powerhouse with The filings are accessible in the [Docket No. ER20–1916–000] dimensions of 750 feet long by 175 feet Commission’s eLibrary system by high by 70 feet wide containing as many clicking on the links or querying the Maverick Solar 4, LLC; Supplemental as two ternary style pump/generating docket number. Notice That Initial Market-Based Rate units; (5) two 3,000-foot-long, 21-foot- Filing Includes Request for Blanket Any person desiring to intervene or diameter tailrace tunnels; and (6) a Section 204 Authorization protest in any of the above proceedings connection to the existing Delaney must file in accordance with Rules 211 Substation within the project boundary. This is a supplemental notice in the and 214 of the Commission’s The estimated annual generation of the above-referenced proceeding of Regulations (18 CFR 385.211 and Delaney Project would be 864,000 Blooming Grove Wind Energy Center 385.214) on or before 5:00 p.m. Eastern megawatt-hours. LLC’s application for market-based rate time on the specified comment date. Applicant Contact: Mr. Adam authority, with an accompanying rate Protests may be considered, but Rousselle, Renewable Energy tariff, noting that such application intervention is necessary to become a Aggregators, 2113 Middle Street, Suite includes a request for blanket party to the proceeding. 201, Sullivan’s Island, South Carolina authorization, under 18 CFR part 34, of eFiling is encouraged. More detailed 29482; phone: (267) 254–6107. future issuances of securities and information relating to filing FERC Contact: Rebecca Kipp; phone: assumptions of liability. requirements, interventions, protests, (202) 502–8846. Any person desiring to intervene or to service, and qualifying facilities filings Deadline for filing comments, motions protest should file with the Federal can be found at: http://www.ferc.gov/ to intervene, competing applications Energy Regulatory Commission, 888 docs-filing/efiling/filing-req.pdf. For (without notices of intent), or notices of First Street NE, Washington, DC 20426, other information, call (866) 208–3676 intent to file competing applications: 60 in accordance with Rules 211 and 214 (toll free). For TTY, call (202) 502–8659. days from the issuance of this notice. of the Commission’s Rules of Practice Competing applications and notices of and Procedure (18 CFR 385.211 and Dated: May 29, 2020. intent must meet the requirements of 18 385.214). Anyone filing a motion to Kimberly D. Bose, CFR 4.36. intervene or protest must serve a copy Secretary. The Commission strongly encourages of that document on the Applicant. [FR Doc. 2020–12053 Filed 6–3–20; 8:45 am] electronic filing. Please file comments, Notice is hereby given that the BILLING CODE 6717–01–P motions to intervene, notices of intent, deadline for filing protests with regard

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to the applicant’s request for blanket DEPARTMENT OF ENERGY to access the document. At this time, the authorization, under 18 CFR part 34, of Commission has suspended access to future issuances of securities and Federal Energy Regulatory the Commission’s Public Reference assumptions of liability, is June 18, Commission Room, due to the proclamation 2020. [Docket No. ER20–1915–000] declaring a National Emergency concerning the Novel Coronavirus The Commission encourages Maverick Solar, LLC; Supplemental Disease (COVID–19), issued by the electronic submission of protests and Notice That Initial Market-Based Rate President on March 13, 2020. For interventions in lieu of paper, using the Filing Includes Request for Blanket assistance, contact the Federal Energy FERC Online links at http:// Section 204 Authorization Regulatory Commission at www.ferc.gov. To facilitate electronic [email protected] or call service, persons with internet access This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) who will eFile a document and/or be above-referenced proceeding of 502–8659. listed as a contact for an intervenor Maverick Solar, LLC’s application for Dated: May 29, 2020. must create and validate an market-based rate authority, with an eRegistration account using the accompanying rate tariff, noting that Kimberly D. Bose, eRegistration link. Select the eFiling such application includes a request for Secretary. link to log on and submit the blanket authorization, under 18 CFR [FR Doc. 2020–12057 Filed 6–3–20; 8:45 am] intervention or protests. part 34, of future issuances of securities BILLING CODE 6717–01–P and assumptions of liability. Persons unable to file electronically Any person desiring to intervene or to may mail similar pleadings to the protest should file with the Federal DEPARTMENT OF ENERGY Federal Energy Regulatory Commission, Energy Regulatory Commission, 888 888 First Street NE, Washington, DC First Street NE, Washington, DC 20426, Federal Energy Regulatory 20426. Hand delivered submissions in in accordance with Rules 211 and 214 Commission docketed proceedings should be of the Commission’s Rules of Practice [Docket No. ER20–1912–000] delivered to Health and Human and Procedure (18 CFR 385.211 and Services, 12225 Wilkins Avenue, 385.214). Anyone filing a motion to Blooming Grove Wind Energy Center Rockville, Maryland 20852. intervene or protest must serve a copy LLC; Supplemental Notice That Initial In addition to publishing the full text of that document on the Applicant. Market-Based Rate Filing Includes Notice is hereby given that the of this document in the Federal Request for Blanket Section 204 deadline for filing protests with regard Authorization Register, the Commission provides all to the applicant’s request for blanket interested persons an opportunity to authorization, under 18 CFR part 34, of This is a supplemental notice in the view and/or print the contents of this future issuances of securities and above-referenced proceeding of document via the internet through the assumptions of liability, is June 18, Blooming Grove Wind Energy Center Commission’s Home Page (http:// 2020. LLC’s application for market-based rate ferc.gov) using the eLibrary link. Enter The Commission encourages authority, with an accompanying rate the docket number excluding the last electronic submission of protests and tariff, noting that such application three digits in the docket number field interventions in lieu of paper, using the includes a request for blanket to access the document. At this time, the FERC Online links at http:// authorization, under 18 CFR part 34, of Commission has suspended access to www.ferc.gov. To facilitate electronic future issuances of securities and the Commission’s Public Reference service, persons with internet access assumptions of liability. Room, due to the proclamation who will eFile a document and/or be Any person desiring to intervene or to declaring a National Emergency listed as a contact for an intervenor protest should file with the Federal concerning the Novel Coronavirus must create and validate an Energy Regulatory Commission, 888 Disease (COVID–19), issued by the eRegistration account using the First Street NE, Washington, DC 20426, President on March 13, 2020. For eRegistration link. Select the eFiling in accordance with Rules 211 and 214 of the Commission’s Rules of Practice assistance, contact the Federal Energy link to log on and submit the and Procedure (18 CFR 385.211 and Regulatory Commission at intervention or protests. Persons unable to file electronically 385.214). Anyone filing a motion to [email protected] or call may mail similar pleadings to the intervene or protest must serve a copy toll-free, (886) 208–3676 or TYY, (202) Federal Energy Regulatory Commission, of that document on the Applicant. 502–8659. 888 First Street NE, Washington, DC Notice is hereby given that the Dated: May 29, 2020. 20426. Hand delivered submissions in deadline for filing protests with regard Kimberly D. Bose, docketed proceedings should be to the applicant’s request for blanket Secretary. delivered to Health and Human authorization, under 18 CFR part 34, of future issuances of securities and [FR Doc. 2020–12058 Filed 6–3–20; 8:45 am] Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. assumptions of liability, is June 18, BILLING CODE 6717–01–P In addition to publishing the full text 2020. of this document in the Federal The Commission encourages Register, the Commission provides all electronic submission of protests and interested persons an opportunity to interventions in lieu of paper, using the view and/or print the contents of this FERC Online links at http:// document via the internet through the www.ferc.gov. To facilitate electronic Commission’s Home Page (http:// service, persons with internet access ferc.gov) using the eLibrary link. Enter who will eFile a document and/or be the docket number excluding the last listed as a contact for an intervenor three digits in the docket number field must create and validate an

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eRegistration account using the Mountain Power Corporation (Green issue that may affect the responsibilities eRegistration link. Select the eFiling Mountain Power) (P–12766–007). of a particular resource agency, they link to log on and submit the e. Names of Projects: North Hartland must also serve a copy of the document intervention or protests. Hydroelectric Project (P–2816–050), on that resource agency. Persons unable to file electronically Clay Hill Road Line 66 Transmission k. The applications are not ready for may mail similar pleadings to the Project (P–12766–007). environmental analysis at this time. Federal Energy Regulatory Commission, f. Location: The North Hartland l. Project Descriptions: Hydroelectric Project (North Hartland 888 First Street NE, Washington, DC North Hartland Project 20426. Hand delivered submissions in Project) is located on the Ottauquechee docketed proceedings should be River in Windsor County, Vermont. The The existing North Hartland Project delivered to Health and Human North Hartland Project occupies 20.8 consists of: (1) A steel-lined intake Services, 12225 Wilkins Avenue, acres of land managed by the U.S. Army structure in the Corps’ North Hartland Rockville, Maryland 20852. Corps of Engineers (Corps). The Clay Dam that is equipped with trashracks In addition to publishing the full text Hill Road Line 66 Transmission Project with 2-inch clear bar spacing; (2) a 470- of this document in the Federal (Clay Hill Project) is located along Clay foot-long, 12-foot-diameter steel Register, the Commission provides all Hill Road in Windsor County, Vermont. penstock that provides flow to a 4.0- interested persons an opportunity to The Clay Hill Project does not occupy megawatt (MW) adjustable blade, view and/or print the contents of this any federal land. vertical shaft turbine-generator unit document via the internet through the g. Filed Pursuant to: Federal Power located inside of a 59-foot-long, 40-foot- Commission’s Home Page (http:// Act, 16 U.S.C. 791(a)–825(r). wide concrete powerhouse; (3) a 12- ferc.gov) using the eLibrary link. Enter h. Applicant Contacts: Blackstone foot-diameter bypass conduit that the docket number excluding the last Hydroelectric Project—Andrew J. Locke, branches off of the 12-foot-diameter three digits in the docket number field President, Essex Hydro Associates, LLC, penstock about 100 feet before the to access the document. At this time, the 55 Union Street, Boston, MA 02108; powerhouse, and that empties into a 60- Commission has suspended access to Phone at (617) 367–0032, or email at foot-long concrete-lined channel the Commission’s Public Reference [email protected]. through a bypass control gate; (4) a 30- Clay Hill Project—John Greenan, Room, due to the proclamation inch-diameter steel penstock that Green Mountain Power Corporation, declaring a National Emergency branches off of the 12-foot-diamater 2152 Post Road, Rutland, VT 05701; concerning the Novel Coronavirus bypass conduit about 50 feet upstream Phone at (802) 770–2195, or email at Disease (COVID–19), issued by the of the bypass control gate, and that John.Greenan@greenmountainpower. President on March 13, 2020. For provides flow to a 0.1375–MW fixed com. assistance, contact the Federal Energy geometry, horizontal pump turbine- i. FERC Contact: Bill Connelly, (202) generator unit located on a raised Regulatory Commission at 502–8587 or [email protected]. [email protected] or call platform outside of the southern wall of j. Deadline for filing scoping the powerhouse; (5) a 400-foot-long, 50 toll-free, (886) 208–3676 or TYY, (202) comments: June 28, 2020. 502–8659. to 150-foot-wide tailrace channel; (6) a The Commission strongly encourages transmission line that comprises an Dated: May 29, 2020. electronic filing. Please file scoping approximately 600-foot-long, 12.5 Kimberly D. Bose, comments using the Commission’s kilovolt (kV) underground segment, and Secretary. eFiling system at http://www.ferc.gov/ a 4,000-foot-long, 12.5-kV overhead [FR Doc. 2020–12056 Filed 6–3–20; 8:45 am] docs-filing/efiling.asp. Commenters can segment that connect the generators to submit brief comments up to 6,000 BILLING CODE 6717–01–P the Clay Hill Project; and (9) characters, without prior registration, appurtenant facilities. using the eComment system at http:// North Hartland proposes to release DEPARTMENT OF ENERGY www.ferc.gov/docs-filing/ the following minimum and maximum ecomment.asp. You must include your flows, respectively, to the downstream Federal Energy Regulatory name and contact information at the end reach: (1) 60 and 700 cfs from October Commission of your comments. For assistance, 1 through March 31; (2) 160 and 835 cfs please contact FERC Online Support at from April 1 through April 31; (3) 160 [Project No. 2816–050; Project No. 12766– [email protected], (866) 007] and 550 cfs from May 1 through May 31; 208–3676 (toll free), or (202) 502–8659 (4) 140 and 450 cfs from June 1 through North Hartland, LLC; Green Mountain (TTY). In lieu of electronic filing, please June 30; and (5) 60 and 300 cfs from July Power Corporation; Notice Soliciting send a paper copy to: Secretary, Federal 1 through September 30. Scoping Comments Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Clay Hill Project Take notice that the following All filings must clearly identify the The existing Clay Hill Project consists hydroelectric applications have been project name and docket number on the of: (1) A 2.3-mile-long, 12.5-kV, three- filed with Commission and are available first page: North Hartland Hydroelectric phase electrical line mounted on top of for public inspection: Project (P–2816–050) and/or Clay Hill Green Mountain Power’s regional a. Type of Application: New Major Road Line 66 Transmission Project (P– distribution line (Line 66) along Clay License (2816–050), New License for 12766–007). Hill Road from Pole 115 to 62x; and (2) Transmission Line Project (12766–007). The Commission’s Rules of Practice appurtenant facilities. The project b. Project Nos.: 2816–050 and 12766– and Procedure require all interveners serves as a primary transmission line for 007. filing documents with the Commission the North Hartland Project. Green c. Dates filed: November 26, 2019 (P– to serve a copy of that document on Mountain Power is not proposing any 2816–050), November 22, 2019 (P– each person on the official service list changes to project facilities or operation. 12766–007). for the project. Further, if an intervener m. In addition to publishing the full d. Applicants: North Hartland, LLC files comments or documents with the text of this notice in the Federal (North Hartland) (P–2816–050), Green Commission relating to the merits of an Register, the Commission provides all

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interested persons an opportunity to ENVIRONMENTAL PROTECTION 30-day Review—Open for Public view and/or print the contents of this AGENCY Comments’’ or by using the search notice, as well as other documents in function. [EPA–HQ–OECA–2014–0063; FRL–10010– the proceeding (e.g., license application) 51–OMS] FOR FURTHER INFORMATION CONTACT: via the internet through the Patrick Yellin, Monitoring, Assistance, Commission’s Home Page (http:// Information Collection Request and Media Programs Division, Office of www.ferc.gov) using the eLibrary link. Submitted to OMB for Review and Compliance, Mail Code 2227A, Approval; Comment Request; NESHAP Enter the docket number excluding the Environmental Protection Agency, 1200 for Polyether Polyols Production last three digits in the docket number Pennsylvania Ave. NW, Washington, DC (Renewal) field to access the document (P–2816 or 20460; telephone number: (202) 564– P–12766). At this time, the Commission AGENCY: Environmental Protection 2970; fax number: (202) 564–0050; has suspended access to the Agency (EPA). email address: [email protected]. Commission’s Public Reference Room ACTION: Notice. due to the proclamation declaring a SUPPLEMENTARY INFORMATION: Supporting documents, which explain National Emergency concerning the SUMMARY: The Environmental Protection Novel Coronavirus Disease (COVID–19) in detail the information that the EPA Agency (EPA) has submitted an will be collecting, are available in the issued by the President on March 13, information collection request (ICR), 2020. For assistance, contact FERC at public docket for this ICR. The docket NESHAP for Polyether Polyols can be viewed online at [email protected] or call Production (EPA ICR Number 1811.11, www.regulations.gov or in person at the toll-free, (886) 208–3673 or (202) 502– OMB Control Number 2060–0415), to EPA Docket Center, EPA West, Room 8659 (TTY). the Office of Management and Budget 3334, 1301 Constitution Ave. NW, n. You may also register online at (OMB) for review and approval in Washington, DC. The telephone number http://www.ferc.gov/docs-filing/ accordance with the Paperwork for the Docket Center is 202–566–1744. esubscription.asp to be notified via Reduction Act. This is a proposed For additional information about EPA’s email of new filings and issuances extension of the ICR, which is currently public docket, visit: http:// approved through September 30, 2020. related to this or other pending projects. www.epa.gov/dockets. Public comments were previously For assistance, contact FERC Online requested, via the Federal Register,on Abstract: The NESHAP for Polyether Support. May 6, 2019 during a 60-day comment Polyols Production (40 CFR part 63, o. Scoping Process: Commission staff period. This notice allows for an subpart PPP) were proposed on intend to prepare a single additional 30 days for public comments. September 4, 1997; promulgated on June Environmental Assessment (EA) for the A fuller description of the ICR is given 1, 1999; and amended on March 27, projects in accordance with the National below, including its estimated burden 2014. These regulations apply to both Environmental Policy Act. The EA will and cost to the public. An agency may new and existing facilities that engage consider both site-specific and neither conduct nor sponsor, and a in the manufacture of polyether polyols cumulative environmental impacts and person is not required to respond to, a (including polyether mono-ols) and emit reasonable alternatives to the proposed collection of information unless it hazardous air pollutants (HAPs). Owners or operators of polyether action. At this time, we do not displays a currently valid OMB control polyols production facilities to which anticipate holding on-site public or number. this regulation applies must either agency scoping meetings. Instead, we DATES: Additional comments may be submitted on or before July 6, 2020. choose one of the compliance options are soliciting your comments and described in the rule or install and suggestions on the preliminary list of ADDRESSES: Submit your comments, monitor a specific control system that issues and alternatives to be addressed referencing Docket ID Number EPA– reduces HAP emissions to the in the EA, as described in scoping HQ–OECA–2014–0063, to EPA online compliance level. Respondents are also document 1 (SD1), issued May 29, 2020. using www.regulations.gov (our subject to sections of 40 CFR part 63, Copies of the SD1 outlining the preferred method), or by email to subpart A. New facilities include those [email protected], or by mail to: EPA subject areas to be addressed in the EA that commenced construction, Docket Center, Environmental were distributed to the parties on the modification, or reconstruction after the Protection Agency, Mail Code 28221T, Commission’s mailing list and the date of proposal. This information is 1200 Pennsylvania Ave. NW, applicant’s distribution list. Copies of being collected to assure compliance Washington, DC 20460. with 40 CFR part 63, subpart PPP. SD1 may be viewed on the web at EPA’s policy is that all comments http://www.ferc.gov using the eLibrary received will be included in the public In general, all NESHAP standards link. Enter the docket number excluding docket without change, including any require initial notifications, the last three digits in the docket personal information provided, unless performance tests, and periodic reports number field to access the document. the comment includes profanity, threats, by the owners/operators of the affected For assistance, call 1–866–208–3676 or information claimed to be Confidential facilities. They are also required to for TTY, (202) 502–8659. Business Information (CBI), or other maintain records of the occurrence and information whose disclosure is duration of any startup, shutdown, or Dated: May 29, 2020. malfunction in the operation of an Kimberly D. Bose, restricted by statute. Submit written comments and affected facility, or any period during Secretary. recommendations to OMB for the which the monitoring system is [FR Doc. 2020–12050 Filed 6–3–20; 8:45 am] proposed information collection within inoperative. These notifications, reports, BILLING CODE 6717–01–P 30 days of publication of this notice to and records are essential in determining www.reginfo.gov/public/do/PRAMain. compliance, and are required of all Find this particular information affected facilities subject to NESHAP. collection by selecting ‘‘Currently under Form Numbers: None.

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Respondents/affected entities: including its estimated burden and cost Center and Reading Room was closed to Owners or operators of polyether to the public. An agency may not public visitors on March 31, 2020, to polyols production facilities. conduct or sponsor, and a person is not reduce the risk of transmitting COVID– Respondent’s obligation to respond: required to respond to, a collection of 19. Our Docket Center staff will Mandatory (40 CFR part 63, subpart information unless it displays a continue to provide remote customer PPP). currently valid OMB control number. service via email, phone, and webform. Estimated number of respondents: 23 DATES: Comments must be received on For further information on EPA Docket (total). or before July 6, 2020. Center services and the current status, Frequency of response: Semiannually. please visit https://www.epa.gov/ ADDRESSES: Submit your comments, Total estimated burden: 3,710 hours dockets. referencing Docket ID Number EPA– (per year). Burden is defined at 5 CFR Abstract: The purpose of this ICR is to HQ–OPPT–2018–0612 to EPA online 1320.3(b). help provide data for EPA’s risk using www.regulations.gov. The EPA Total estimated cost: $429,000 (per evaluations and risk management of Docket Center and Reading Room was year), which includes $0 for annualized existing chemicals under TSCA section closed to public visitors on March 31, capital/startup and/or operation & 6 more efficiently and effectively. Under 2020 to reduce the risk of transmitting maintenance costs. TSCA, EPA must gather information COVID–19. There is a temporary Changes in the Estimates: There is no with sufficient detail about chemicals, suspension of mail delivery to EPA, and change in the labor hours in this ICR including hazards, conditions of use, no hand deliveries are currently compared to the previous ICR. This is exposures, potentially exposed and accepted. For further information on due to two considerations. First, the susceptible subpopulations, health and EPA Docket Center services and the regulations have not changed over the environmental effects, benefits, current status, please visit https:// past three years and are not anticipated reasonably ascertainable economic www.epa.gov/dockets. to change over the next three years. consequences, alternatives, and other EPA’s policy is that all comments Secondly, the growth rate for the information in a timely fashion to meet received will be included in the public industry is very low, negative or non- TSCA’s statutory timeframes. Therefore, docket without change including any existent, so there is no significant EPA is requesting approval for a generic personal information provided, unless change in the overall burden. ICR to conduct interviews and focus the comment includes profanity, threats, groups of respondents described below Courtney Kerwin, information claimed to be Confidential related to information collection for Director, Regulatory Support Division. Business Information (CBI), or other TSCA chemical risk evaluation and [FR Doc. 2020–12039 Filed 6–3–20; 8:45 am] information whose disclosure is management. This research would BILLING CODE 6560–50–P restricted by statute. consist of open-ended structured Submit written comments and discussions or interviews with recommendations to OMB for the individuals or small groups of ENVIRONMENTAL PROTECTION proposed information collection within individuals, and therefore can provide AGENCY 30 days of publication of this notice to in-depth information. Data collected www.reginfo.gov/public/do/PRAMain. under this generic clearance may be [EPA–HQ–OPPT–2018–0611; FRL–10006– Find this particular information 89–OMS] used in several ways during the risk collection by selecting ‘‘Currently under evaluation and risk management Information Collection Request 30-day Review—Open for Public processes, including establishing Submitted to OMB for Review and Comments’’ or by using the search generic scenarios, developing models of Approval; Comment Request; TSCA function. various conditions of use of chemicals Existing Chemical Risk Evaluation and FOR FURTHER INFORMATION CONTACT: For evaluated under TSCA or their Management—Generic ICR for technical information contact: Albert alternatives, pretesting survey Interviews and Focus Groups Monroe, Economic and Policy Analysis questions, and providing important Branch, Chemistry, Economics, and context for publicly available AGENCY: Environmental Protection Sustainable Strategies Division information already available to EPA. Agency (EPA). (MC7406M), Office of Pollution EPA would not collect information of a ACTION: Notice. Prevention and Toxics, Environmental sensitive or private nature. However, Protection Agency, 1200 Pennsylvania respondents may claim information SUMMARY: The Environmental Protection submitted as part of an interview or Agency (EPA) has submitted an Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–7116; focus group as confidential. EPA information collection request (ICR), generally treats this information as TSCA Existing Chemical Risk email address: [email protected]. For general information contact: The obtained under TSCA, such that Evaluation and Management—Generic confidentiality claims are subject to the ICR for Interviews and Focus Groups TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave. Rochester, NY provisions of TSCA section 14. (EPA ICR Number 2584.01 and OMB Respondents/Affected Entities: 14620; telephone number: (202) 554– Control Number 2070–NEW) to the Entities potentially affected by this ICR 1404; email address: TSCA-Hotline@ Office of Management and Budget include chemical manufacturers (as long epa.gov. (OMB) for review and approval in as the information requested does not accordance with the Paperwork SUPPLEMENTARY INFORMATION: duplicate information already in Reduction Act (PRA). This is a request Supporting documents, which explain possession of the federal government), for approval of a new collection. Public in detail the information that the EPA chemical users (including government comments were previously requested will be collecting, are available in the agencies), processors, recyclers, via the Federal Register on August 5, public docket for this ICR. The docket chemical waste handlers, consumers of 2019 during a 60-day comment period. can be viewed online at chemical-containing products, This notice allows for an additional 30 www.regulations.gov. Out of an employees who may be exposed to the days for public comments. A fuller abundance of caution for members of chemical evaluated, state and local description of the ICR is given below, the public and our staff, the EPA Docket regulators, non-governmental

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organizations, industry experts, and ADDRESSES: Submit your comments, please visit https://www.epa.gov/ knowledgeable members of the public referencing Docket ID Number EPA– dockets. (including potentially exposed or HQ–OPPT–2018–0612 to EPA online Abstract: The purpose of this ICR is to susceptible subpopulations). As such, using www.regulations.gov. The EPA help provide data for EPA’s risk there are no typical respondent NAICS Docket Center and Reading Room was evaluations and risk management of codes and the respondents will vary closed to public visitors on March 31, existing chemicals under TSCA section depending on the conditions of use of 2020 to reduce the risk of transmitting 6 more efficiently and effectively. Under each chemical under consideration. COVID–19. There is a temporary TSCA, EPA must gather information Respondent’s obligation to respond: suspension of mail delivery to EPA, and with sufficient detail about chemicals, Voluntary. no hand deliveries are currently including hazards, conditions of use, Estimated total number of potential accepted. For further information on exposures, potentially exposed and respondents: 714. EPA Docket Center services and the susceptible subpopulations, health and Frequency of response: On occasion. current status, please visit https:// environmental effects, benefits, Estimated total burden: 237 hours www.epa.gov/dockets. reasonably ascertainable economic (per year). Burden is defined at 5 CFR EPA’s policy is that all comments consequences, alternatives, and other 1320.3(b). received will be included in the public information in a timely fashion to meet Estimated total costs: $18,296 (per TSCA’s statutory timeframes. Therefore, year), which includes no annualized docket without change including any personal information provided, unless EPA is requesting approval for a generic capital investment or maintenance and ICR to conduct surveys of respondents operational costs. the comment includes profanity, threats, information claimed to be Confidential described below related to information Changes in the estimates: This is a collection for TSCA chemical risk request for a new approval from OMB. Business Information (CBI), or other information whose disclosure is evaluation and management. Surveys Courtney Kerwin, restricted by statute. are defined as the collection of Director, Regulatory Support Division. Submit written comments and information from a common group [FR Doc. 2020–12042 Filed 6–3–20; 8:45 am] recommendations to OMB for the through interviews or the application of questionnaires to a representative BILLING CODE 6560–50–P proposed information collection within 30 days of publication of this notice to sample of that group. EPA would not collect information of www.reginfo.gov/public/do/PRAMain. a sensitive or private nature. However, ENVIRONMENTAL PROTECTION Find this particular information respondents may claim information AGENCY collection by selecting ‘‘Currently under submitted as part of a survey as 30-day Review—Open for Public [EPA–HQ–OPPT–2018–0612; FRL–10010– confidential. EPA generally treats this 19–OMS] Comments’’ or by using the search information as obtained under TSCA, function. Information Collection Request such that confidentiality claims are Submitted to OMB for Review and FOR FURTHER INFORMATION CONTACT: For subject to the provisions of TSCA Approval; Comment Request; TSCA technical information contact: Albert section 14. Existing Chemical Risk Evaluation and Monroe, Economic and Policy Analysis Respondents/Affected Entities: Management—Generic ICR for Surveys Branch, Chemistry, Economics, and Entities potentially affected by this ICR Sustainable Strategies Division include chemical manufacturers (as long AGENCY: Environmental Protection (MC7406M), Office of Pollution as the information requested does not Agency (EPA). Prevention and Toxics, Environmental duplicate information already in ACTION: Notice. Protection Agency, 1200 Pennsylvania possession of the federal government), Ave. NW, Washington, DC 20460–0001; chemical users (including government SUMMARY: The Environmental Protection telephone number: (202) 564–7116; agencies), processors, recyclers, Agency (EPA) has submitted an email address: [email protected]. chemical waste handlers, consumers of information collection request (ICR), For general information contact: The chemical-containing products, TSCA Existing Chemical Risk TSCA-Hotline, ABVI-Goodwill, 422 employees who may be exposed to the Evaluation and Management—Generic South Clinton Ave., Rochester, NY chemical evaluated, state and local ICR for Surveys (EPA ICR Number 14620; telephone number: (202) 554– regulators, non-governmental 2585.01, OMB Control Number 2070– 1404; email address: TSCA-Hotline@ organizations, industry experts, and NEW) to the Office of Management and epa.gov. knowledgeable members of the public Budget (OMB) for review and approval (including potentially exposed or in accordance with the Paperwork SUPPLEMENTARY INFORMATION : susceptible subpopulations). As such, Reduction Act. This is a request for Supporting documents, which explain there are no typical respondent NAICS approval of a new collection. Public in detail the information that the EPA codes and the respondents will vary comments were previously requested will be collecting, are available in the depending on the conditions of use of via the Federal Register on July 5, 2019 public docket for this ICR. The docket each chemical under consideration. during a 60-day comment period. This can be viewed online at Respondent’s obligation to respond: notice allows for an additional 30 days www.regulations.gov. Out of an Voluntary. for public comments. A fuller abundance of caution for members of Estimated total number of potential description of the ICR is given below, the public and our staff, the EPA Docket respondents: 600. including its estimated burden and cost Center and Reading Room was closed to Frequency of response: On occasion. to the public. An agency may not public visitors on March 31, 2020, to Estimated total burden: 400 hours conduct or sponsor and a person is not reduce the risk of transmitting COVID– (per year). Burden is defined at 5 CFR required to respond to a collection of 19. Our Docket Center staff will 1320.3(b). information unless it displays a continue to provide remote customer Estimated total costs: $31,008 (per currently valid OMB control number. service via email, phone, and webform. year), which includes no annualized DATES: Comments must be received on For further information on EPA Docket capital investment or maintenance and or before July 6, 2020. Center services and the current status, operational costs.

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Changes in the estimates: This is a phone, and webform. We encourage the Center services, please visit us online at request for a new approval from OMB. public to submit comments via https:// https://www.epa.gov/dockets. www.regulations.gov or email, as there The EPA continues to carefully and Courtney Kerwin, is a temporary suspension of mail continuously monitor information from Director, Regulatory Support Division. delivery to EPA, and no hand deliveries the Centers for Disease Control and [FR Doc. 2020–12043 Filed 6–3–20; 8:45 am] are currently accepted. For further Prevention (CDC), local area health BILLING CODE 6560–50–P information on EPA Docket Center departments, and our Federal partners services and the current status, please so that we can respond rapidly as visit us online at https://www.epa.gov/ conditions change regarding COVID–19. ENVIRONMENTAL PROTECTION dockets. AGENCY II. General Information FOR FURTHER INFORMATION CONTACT: For On April 10, 2020, the EPA published [EPA–HQ–OW–2020–0026; FRL–10010–31– additional information, please contact OW] in the Federal Register (85 FR 20268) a Stephanie Tanner, Office of Water (mail request for public comment on any data, Notice of Recent Specifications Review code 4204M), Environmental Protection surveys, or studies to help assess and Request for Information on Agency, 1200 Pennsylvania Avenue consumer satisfaction with WaterSense WaterSense Program; Extension of NW, Washington, DC 20460; telephone labeled products, which could inform Comment Period number: 202–564–2660; or email: future product specification [email protected] (preferred). development. The EPA is also seeking AGENCY: Environmental Protection Also see the following website for input on how to design a study or Agency (EPA). additional information on this topic: studies to inform future reviews that ACTION: Notice; request for information; https://www.epa.gov/watersense/ incorporate customer satisfaction extension of comment period. product-specification-review. considerations. The results of these SUPPLEMENTARY INFORMATION: studies could inform future Agency SUMMARY: The U.S. Environmental I. Public Participation action when developing criteria for Protection Agency (EPA) is extending labeling products in the WaterSense the comment period for the document Submit your comments, identified by program. The EPA is also requesting issued in the Federal Register on April Docket ID No. EPA–HQ–OW–2020–0026 input on whether it should include 10, 2020, entitled ‘‘Notice of Recent via the https://www.regulations.gov. consumer satisfaction criteria into the Specifications Review and Request for Follow the online instructions for WaterSense program guidelines and, if Information on WaterSense Program.’’ submitting comments. Once submitted, included, what criteria should be In response to stakeholder requests, the comments cannot be edited or considered and how. EPA is extending the comment period withdrawn. The EPA may publish any The EPA also announced on April an additional 45 days from June 9, 2020 comment received to its public docket. 10th the completion of the review of to July 24, 2020. Please note changes for Do not submit electronically any WaterSense product performance public visitors to the EPA Docket Center information you consider to be criteria as required under the America’s and Reading Room in the Public Confidential Business Information (CBI) Water Infrastructure Act (AWIA) of Participation section of this document. or other information whose disclosure is 2018. The AWIA required the EPA to DATES: The comment period for the restricted by statute. Multimedia consider for review and revision, if document that published on April 10, submissions (audio, video, etc.) must be necessary, specifications which were 2020, at 85 FR 20268 is extended. accompanied by a written comment. released prior to 2012. The EPA Comments must be received on or The written comment is considered the announced that it has completed its before July 24, 2020. official comment and should include review and made the decision not to ADDRESSES: You may send comments, discussion of all points you wish to revise any specifications. make. The EPA will generally not identified by Docket ID No. EPA–HQ– Dated: May 27, 2020. OW–2020–0026, by the following consider comments or comment Andrew D. Sawyers, method: contents located outside of the primary • Federal eRulemaking Portal: submission (i.e., on the web, cloud, or Director, Office of Wastewater Management. https://www.regulations.gov/. Follow other file sharing system). For [FR Doc. 2020–12036 Filed 6–3–20; 8:45 am] the online instructions for submitting additional submission methods, the full BILLING CODE 6560–50–P comments. EPA public comment policy, Instructions: All submissions received information about CBI or multimedia must include the Docket ID No. EPA– submissions, and general guidance on FARM CREDIT ADMINISTRATION HQ–OW–2020–0026. Comments making effective comments, please visit received may be posted without change https://www.epa.gov/dockets/ Privacy Act of 1974; System of to https://www.regulations.gov/, commenting-epa-dockets. Records including any personal information The EPA is temporarily suspending AGENCY: Farm Credit Administration. provided. For detailed instructions on its Docket Center and Reading Room for ACTION: Notice of a modified system of sending comments, see the Public public visitors to reduce the risk of records. Participation under the SUPPLEMENTARY transmitting COVID–19. Written INFORMATION section of this document. comments submitted by mail are SUMMARY: Pursuant to the provisions of Out of an abundance of caution for temporarily suspended and no hand the Privacy Act of 1974, as amended, members of the public and our staff, the deliveries will be accepted. Our Docket notice is hereby given that the Farm EPA Docket Center and Reading Room Center staff will continue to provide Credit Administration (FCA or Agency) was closed to public visitors on March remote customer service via email, amending an existing system of records, 31, 2020, to reduce the risk of phone, and webform. We encourage the FCA–5—Assignments and transmitting COVID–19. Our Docket public to submit comments via https:// Communication Tracking System—FCA. Center staff will continue to provide www.regulations.gov. For further The Assignments and Communication remote customer service via email, information and updates on EPA Docket Tracking System—FCA system is used

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for reference, to track employee you provide, such as phone numbers SYSTEM NAME AND NUMBER: assignments, and to track oral and and addresses, will be publicly FCA–5—Assignments and written communications between FCA available. However, we will attempt to Communication Tracking System—FCA. staff and external parties. This remove email addresses to help reduce information aids Agency management in internet spam. SECURITY CLASSIFICATION: its deliberations. The Agency is FOR FURTHER INFORMATION CONTACT: Unclassified. updating the notice to reflect changes to Autumn R. Agans, Privacy Act Officer, SYSTEM LOCATION: the system purpose and records, include Farm Credit Administration, McLean, Farm Credit Administration, 1501 more details, and make administrative Virginia 22102–5090, (703) 883–4020, Farm Credit Drive, McLean, VA 22102– updates, as well as non-substantive TTY (703) 883–4019. 5090. changes to conform to the SORN SUPPLEMENTARY INFORMATION: This template requirements prescribed in the publication satisfies the requirement of SYSTEM MANAGER: Office of Management and Budget the Privacy Act of 1974 that agencies Chief Operating Officer, Farm Credit (OMB) Circular No. A–108. publish a system of records notice in the Administration, 1501 Farm Credit Drive, DATES: You may send written comments Federal Register when there is a McLean, VA 22102–5090. on or before July 6, 2020. The FCA filed revision, change, or addition to the an amended System Report with system of records. The substantive AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Congress and the Office of Management changes and modifications to the 12 U.S.C. 2243, 2252. and Budget on May 1, 2020. This notice currently published version of FCA–5— PURPOSES OF THE SYSTEM: will become effective without further Assignments and Communication publication on July 14, 2020 unless Tracking System—FCA include: Information in this record system is modified by a subsequent notice to 1. Identifying the records in the used to: (1) Track employee incorporate comments received from the system as unclassified. assignments; (2) make appropriate public. 2. Updating the system location to portions of the records available to the public; (3) enable members of the public ADDRESSES: We offer a variety of reflect the system’s current location. 3. Updating the system managers to to review and comment on or respond methods for you to submit your reflect the system’s current owner. to such comments; and (4) facilitate, comments. For accuracy and efficiency 4. Clarifying and expanding the track, and maintain records of oral and reasons, commenters are encouraged to system purpose to maintain files related written communications between FCA submit comments by email or through to receiving, reviewing, and responding staff and external parties. Information in the FCA’s website. As facsimiles (fax) to public comments received on the this system is also used for reference are difficult for us to process and Agency’s proposed rulemakings and and aids Agency management in its achieve compliance with section 508 of other public notices, as applicable. deliberations. the Rehabilitation Act, we are no longer 5. Expanding and clarifying the accepting comments submitted by fax. categories of records to ensure they are CATEGORIES OF INDIVIDUALS COVERED BY THE Regardless of the method you use, consistent with the purposes for which SYSTEM: please do not submit your comment the records are collected. Individuals who submit multiple times via different methods. 6. Expanding and clarifying how correspondence or have correspondence You may submit comments by any of records may be stored and retrieved. submitted on their behalf to the Agency, the following methods: 7. Clarifying the routine uses for or who request to receive • Email: Send us an email at reg- which information in the system may be correspondence from the Agency, as [email protected]. disclosed and adding a routine use for well as FCA employees, contractors, and • FCA website: http://www.fca.gov. the disclosure of public comments the interns assigned to the management of Click inside the ‘‘I want to . . .’’ field, Agency receives in its rulemaking and such correspondence. near the top of the page; select other activities, in compliance with the CATEGORIES OF RECORDS IN THE SYSTEM: ‘‘comment on a pending regulation’’ Administrative Procedures Act. from the dropdown menu; and click 8. Revising the retention and disposal This system contains paper and ‘‘Go.’’ This takes you to an electronic section to reflect the relevant records electronic files, including incoming and public comment form. schedule. outgoing correspondence, letters, • Mail: David Grahn, Director, Office 9. Revising the safeguards section to memoranda, and other similar of Regulatory Policy, Farm Credit reflect updated cybersecurity guidance documents pertaining to FCA’s Administration, 1501 Farm Credit Drive, and practices. operations, and communication logs. In McLean, VA 22102–5090. Additionally, non-substantive addition to non-public correspondence, You may review copies of comments changes have been made to the ‘‘Record this system includes public comments we receive at our office in McLean, Source Categories’’ and ‘‘Notification and other records that an individual Virginia, or from our website at http:// Procedures’’ sections of this notice. may submit, such as those in response www.fca.gov. Once you are in the The amended system of records is: to an Agency rulemaking. Information website, click inside the ‘‘I want to FCA–5—Assignments and includes, but is not limited to: (1) . . .’’ field, near the top of the page; Communication Tracking System—FCA. Correspondence received and sent by select ‘‘find comments on a pending As required by 5 U.S.C. 552a(r) of the the Agency; (2) mailing lists or similar regulation’’ from the dropdown menu; Privacy Act, as amended, the FCA has lists of contact information of and click ‘‘Go.’’ This will take you to the sent notice of this proposed system of individuals who submit Comment Letters page, where you can records to the Office of Management and correspondence, have correspondence select the SORN for which you would Budget, the Committee on Oversight and submitted on their behalf, or request to like to read public comments. The Government Reform of the House of receive correspondence from the comments will be posted as submitted Representatives, and the Committee on Agency, including name, home or work but, for technical reasons, items such as Homeland Security and Governmental address, personal or work email logos and special characters may be Affairs of the Senate. The notice is address, home, work or cellular phone omitted. Identifying information that published in its entirety below. number, employer, and title; (3)

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information pertaining to the ADMINSITRATIVE, TECHNICAL, AND PHYSICAL ADDRESSES: Federal Communications correspondence, including status or SAFEGUARDS: Commission, 445 12th Street SW, disposition, type of correspondence, FCA implements multiple layers of Washington, DC 20554. associated dates, and any other security to ensure access to records is FOR FURTHER INFORMATION CONTACT: information relayed in the body of the limited to those with a need-to-know in Donna Cyrus, Designated Federal correspondence; and (4) information support of their official duties. Records Officer, Federal Communications pertaining to the Agency employees are physically safeguarded in a secured Commission, Consumer and responsible for processing the environment using locked file rooms, Governmental Affairs Bureau, (202) correspondence, including name, title, file cabinets, or locked offices and other 418–7325, or email: Donna.Cyrus@ and other information about internal physical safeguards. Computerized fcc.gov; or Aliza Katz, Deputy assignments. records are safeguarded through use of Designated Federal Officer, Federal user roles, passwords, firewalls, Communications Commission, RECORD SOURCE CATEGORIES: encryption, and other information Consumer and Governmental Affairs Information in this system of records technology security measures. Bureau, (202) 418–1737, or email: is obtained from individuals who RECORD ACCESS PROCEDURES: [email protected]. submit correspondence or have To obtain a record, contact: Privacy SUPPLEMENTARY INFORMATION: The correspondence submitted on their Act Officer, Farm Credit Chairman of the Federal behalf to the Agency, FCA employees Administration, 1501 Farm Credit Drive, Communications Commission, as and contractors, Farm Credit System McLean, VA 22102–5090, as provided required by Section 14 of the Pallone- Institutions, and other external parties. in 12 CFR part 603. Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence ROUTINE USES OF RECORDS MAINTAINED IN THE CONTESTING RECORD PROCEDURES: Act of 2019, Public Law 116–105, 133 SYSTEM, INCLUDING CATEGORIES OF USERS AND Direct requests for amendments to a PURPOSES OF SUCH USES: Stat 3274 (TRACED Act), is taking record to: Privacy Act Officer, Farm appropriate steps to establish the HRPG, See the ‘‘General Statement of Routine Credit Administration, 1501 Farm a FAC, which Congress has deemed Uses’’ (64FR 8175). The information Credit Drive, McLean, VA 22102–5090, necessary and in the public interest. collected in the system will be used in as provided in 12 CFR part 603. After consultation with the General a manner that is compatible with the NOTIFICATION PROCEDURE: Services Administration, the purposes for which the information has Commission intends to establish the Address inquiries about this system of been collected and, in addition to the charter on or before June 25, 2020, records to: Privacy Act Officer, Farm applicable general routine uses, may be providing the HRPG with authorization Credit Administration, McLean, VA disclosed for the following purposes: to operate for approximately 180 days 22102–5090. (1) We may disclose certain after the HRPG is established, or until information in this system of records to EXEMPTIONS PROMULGATED FOR THE SYSTEM: such time as it has completed its the public, including posting copies of None. statutory duties, but in no case more public comments on FCA’s website, than two years from its establishment. www.fca.gov, or by other electronic or HISTORY The purpose of the HRPG is to issue non-electronic means, in accordance Federal Register Vol. 64, No. 100/ best practices, no later than 180 days with the Administrative Procedures Act. Tuesday, May 25, 1999, page 21875 from the date it is established, regarding Information disclosed may include Vol. 70, No. 183/Thursday, September the following: (1) How voice service identifying information, such as names, 22, 2005, page 55621 providers can better combat unlawful phone numbers, and addresses, Dated: June 1, 2020. robocalls made to hospitals; (2) How provided in public comments and other Dale Aultman, hospitals can better protect themselves records that an individual submits in Secretary, Farm Credit Administration Board. from such calls, including by using connection with Agency rulemaking [FR Doc. 2020–12097 Filed 6–3–20; 8:45 am] unlawful robocall mitigation and other activities. BILLING CODE 6705–01–P techniques; and (3) How the Federal Government and State governments can DISCLOSURE TO CONSUMER REPORTING help combat such calls. AGENCIES: FEDERAL COMMUNICATIONS Pursuant to Section 14 of the TRACED None. COMMISSION Act, the HRPG will be composed of one representative each of the Commission POLICIES AND PRACTICES FOR STORAGE OF [FRS 16818] and the Federal Trade Commission and RECORDS: an equal number of representatives from Records are maintained in file folders Federal Advisory Committee, Hospital each of the following: (1) Voice service and on a computerized database. Robocall Protection Group providers that serve hospitals, (2) AGENCY: Federal Communications Companies that focus on mitigating POLICIES AND PRACTICES FOR RETRIEVAL OF unlawful robocalls, (3) Consumer RECORDS: Commission. ACTION: Notice; intent to establish advocacy organizations, (4) Providers of Records are retrieved by name, email Federal Advisory Committee. one-way voice over internet protocol address, Farm Credit District, subject, or services as defined in subsection some combination thereof. SUMMARY: In accordance with the (e)(3)(B)(ii) of Section 14 of the TRACED Federal Advisory Committee Act, the Act, (5) Hospitals, and (6) State POLICIES AND PROCEDURES FOR RETENTION AND Federal Communications Commission government officials focused on DISPOSAL OF RECORDS: (hereinafter ‘‘Commission’’) announces combating unlawful robocalls. Records are retained in accordance its intent to establish a Federal Advisory with the FCA Comprehensive Records Committee (FAC), known as the Advisory Committee Schedule and National Archives and ‘‘Hospital Robocall Protection Group’’ The HRPG will be organized under, Records Administration regulations. (hereinafter ‘‘the HRPG’’). and will operate in accordance with, the

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provisions of the Federal Advisory Comments are requested concerning: collection burden on small business Committee Act (FACA) (5 U.S.C. App. Whether the proposed collection of concerns with fewer than 25 employees. 2). The HRPG will be solely advisory in information is necessary for the proper OMB Control Number: 3060–0565. nature. Consistent with FACA and its performance of the functions of the requirements, each meeting of the HRPG Commission, including whether the Title: Section 76.944, Commission will be open to the public unless information shall have practical utility; Review of Franchising Authority otherwise noticed. A notice of each the accuracy of the Commission’s Decisions on Rates for the Basic Service meeting will be published in the burden estimate; ways to enhance the Tier and Associated Equipment. Federal Register at least fifteen (15) quality, utility, and clarity of the Form Number: N/A. days in advance of the meeting. Records information collected; ways to minimize Type of Review: Extension of a will be maintained of each meeting and the burden of the collection of currently approved collection. made available for public inspection. information on the respondents, All activities of the HRPG will be including the use of automated Respondents: Business or other for- conducted in an open, transparent, and collection techniques or other forms of profit entities; State, Local or Tribal accessible manner. The HRPG shall information technology; and ways to Government. terminate no later than two (2) years further reduce the information Number of Respondents and from the filing date of its charter. The collection burden on small business Responses: 32 respondents; 32 first meeting date and agenda topics will concerns with fewer than 25 employees. responses. be described in a Public Notice issued DATES: Written comments should be Estimated Time per Response: 2–30 and published in the Federal Register at submitted on or before August 3, 2020. hours. least fifteen (15) days prior to the first If you anticipate that you will be Frequency of Response: On occasion meeting date. In addition, as needed, submitting comments, but find it reporting requirement; Third party working groups or subcommittees will difficult to do so within the period of disclosure requirement. be established to facilitate the HRPG’s time allowed by this notice, you should work between meetings of the full advise the contacts below as soon as Obligation to Respond: Required to HRPG. Meetings of the HRPG will be possible. obtain benefits. The statutory authority fully accessible to individuals with for this collection of information is disabilities. ADDRESSES: Direct all PRA comments to contained in Sections 4(i) and 623 of the Accessible Formats: To request Cathy Williams, FCC, via email PRA@ Communications Act of 1934, as materials in accessible formats for fcc.gov and to [email protected]. amended. people with disabilities (Braille, large FOR FURTHER INFORMATION CONTACT: For Nature and Extent of Confidentiality: print, electronic files, audio format), additional information about the There is no need for confidentiality with send an email to [email protected] or call information collection, contact Cathy this collection of information. the Consumer and Governmental Affairs Williams at (202) 418–2918. Total Annual Burden: 816 hours. Bureau at (202) 418–0530 (voice), 1– SUPPLEMENTARY INFORMATION: The FCC 888–835–5322 (TTY). may not conduct or sponsor a collection Total Annual Costs: $4,800. Federal Communications Commission. of information unless it displays a Privacy Impact Assessment(s): No Gregory Haledjian, currently valid Office of Management impact(s). Legal Advisor, Office of the Bureau Chief, and Budget (OMB) control number. No Needs and Uses: The information Consumer and Governmental Affairs Bureau. person shall be subject to any penalty collection requirements contained in 47 [FR Doc. 2020–12047 Filed 6–3–20; 8:45 am] for failing to comply with a collection CFR 76.944(b) provide that any BILLING CODE 6712–01–P of information subject to the PRA that participant at the franchising authority does not display a valid OMB control level in a ratemaking proceeding may number. file an appeal of the franchising FEDERAL COMMUNICATIONS As part of its continuing effort to authority’s decision with the COMMISSION reduce paperwork burdens, and as Commission within 30 days of release of required by the PRA of 1995 (44 U.S.C. [OMB 3060–0565; FRS 16809] the text of the franchising authority’s 3501–3520), the FCC invites the general decision as computed under § 1.4(b) of Information Collection Being Reviewed public and other Federal agencies to this chapter. Appeals shall be served on by the Federal Communications take this opportunity to comment on the the franchising authority or other Commission Under Delegated following information collections. authority that issued the rate decision. Authority Comments are requested concerning: Where the state is the appropriate Whether the proposed collection of decision-making authority, the state AGENCY: Federal Communications information is necessary for the proper shall forward a copy of the appeal to the Commission. performance of the functions of the appropriate local official(s). Oppositions ACTION: Notice and request for Commission, including whether the may be filed within 15 days after the comments. information shall have practical utility; appeal is filed, and must be served on the accuracy of the Commission’s the parties appealing the rate decision. SUMMARY: As part of its continuing effort burden estimate; ways to enhance the Replies may be filed seven (7) days after to reduce paperwork burdens, and as quality, utility, and clarity of the the last day for oppositions and shall be required by the Paperwork Reduction information collected; ways to minimize served on the parties to the proceeding. Act (PRA), the Federal Communications the burden of the collection of Commission (FCC or Commission) information on the respondents, Federal Communications Commission. invites the general public and other including the use of automated Marlene Dortch, Federal agencies to take this collection techniques or other forms of Secretary. opportunity to comment on the information technology; and ways to [FR Doc. 2020–12090 Filed 6–3–20; 8:45 am] following information collections. further reduce the information BILLING CODE 6712–01–P

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FEDERAL COMMUNICATIONS As part of its continuing effort to Section 73.3580 of the Commission’s COMMISSION reduce paperwork burdens, and as Rules Regarding Public Notice of the required by the PRA of 1995 (44 U.S.C. Filing of Applications; Modernization of [OMB 3060–0027, OMB 3060–0029, OMB 3060–0031, OMB 3060–0110, OMB 3060– 3501–3520), the FCC invites the general Media Regulation Initiative; Revision of 0213, OMB 3060–0214, OMB 3060–0405, public and other Federal agencies to the Public Notice Requirements of OMB 3060–0920; FRS 16799] take this opportunity to comment on the Section 73.3580, Second Report and following information collections. Order, MB Docket Nos. 17–254, 17–105, Information Collection Being Reviewed Comments are requested concerning: & 05–6, FCC 20–65 (rel. May 13, 2020). by the Federal Communications Whether the proposed collection of The Commission adopted new, Commission information is necessary for the proper streamlined procedures for stations to performance of the functions of the provide public notice of the filing of AGENCY: Federal Communications Commission, including whether the certain applications. Stations, including Commission. information shall have practical utility; stations filing for new construction ACTION: Notice and request for the accuracy of the Commission’s permits or major modifications to comments. burden estimate; ways to enhance the facilities, that were previously required to post public notice in a local SUMMARY: As part of its continuing effort quality, utility, and clarity of the to reduce paperwork burdens, and as information collected; ways to minimize newspaper, must now post notice required by the Paperwork Reduction the burden of the collection of online, either on the station website or Act (PRA), the Federal Communications information on the respondents, a website affiliated with the station, its Commission (FCC or Commission) including the use of automated licensee, or its parent entity, or else invites the general public and other collection techniques or other forms of must post notice on a publicly Federal agencies to take this information technology; and ways to accessible, locally targeted website, for opportunity to comment on the further reduce the information 30 continuous days following following information collections. collection burden on small business acceptance of the application for filing. Comments are requested concerning: concerns with fewer than 25 employees. Stations that are required to make on-air OMB Control No.: 3060–0027. Whether the proposed collection of announcements of the filing of certain Title: Application for Construction information is necessary for the proper applications, must continue to do so, Permit for Commercial Broadcast performance of the functions of the but the announcements are shorter and Station, FCC Form 301; Form 2100, Commission, including whether the direct viewers and listeners to the Schedule A—Application for Media information shall have practical utility; application as filed and displayed in Bureau Video Service Authorization; 47 the accuracy of the Commission’s either the station’s Online Public Sections 73.3700(b)(1) and (b)(2) and burden estimate; ways to enhance the Inspection File or another Commission Section 73.3800, Post Auction quality, utility, and clarity of the database. A total of six on-air Licensing; Form 2100, Schedule 301– information collected; ways to minimize announcements are required, at least FM—Commercial FM Station the burden of the collection of one per week and no more than one per Construction Permit Application. information on the respondents, day or two per week, to be broadcast Form No.: FCC Form 2100, Schedule between 7:00 a.m. and 11:00 p.m. local including the use of automated A, FCC Form 301, FCC Form 2100, collection techniques or other forms of time, Monday through Friday, beginning Schedule 301–FM. after the application is accepted for information technology; and ways to Type of Review: Revision of a further reduce the information filing. currently approved information This submission is being made to collection burden on small business collection. concerns with fewer than 25 employees. OMB for approval of the modified third- Respondents: Business or other for- party disclosure requirements for this DATES: Written comments should be profit entities; Not for profit institutions; Information Collection, as adopted in submitted on or before August 3, 2020. State, local or Tribal Government. the 2020 Public Notice Second Report If you anticipate that you will be Number of Respondents and and Order. The changes pertaining to submitting comments, but find it Responses: 3,092 respondents and 4,199 this Information Collection and to 47 difficult to do so within the period of responses. CFR 73.3580 and 47 CFR 73.3594 time allowed by this notice, you should Estimated Time per Response: 0.075 adopted in the 2020 Public Notice advise the contacts below as soon as hours–6.25 hours. Second Report and Order, do not possible. Frequency of Response: One-time necessitate changes to the Schedule 301, reporting requirement; On occasion ADDRESSES: Direct all PRA comments to nor do they affect the substance, burden reporting requirement; Third party Cathy Williams, FCC, via email PRA@ hours, or costs of completing the forms. fcc.gov and to [email protected]. disclosure requirement. Obligation To Respond: Required to The rule changes do, however, reduce FOR FURTHER INFORMATION CONTACT: For obtain or retain benefits. The statutory burdens and costs associated with filing additional information about the authority for this collection is contained the application. 47 CFR 73.3571(j)(3) information collection, contact Cathy in Sections 154(i), 303 and 308 of the and 73.3573(g)(3) require that applicants Williams at (202) 418–2918. Communications Act of 1934, as must comply with the local public SUPPLEMENTARY INFORMATION: The FCC amended. notice provisions of § 73.3580(c)(5). may not conduct or sponsor a collection Total Annual Burden: 12,435 hours. OMB Control Number: 3060–0029. of information unless it displays a Annual Cost Burden: $62,308,388. Title: FCC Form 2100, Schedule 340, currently valid Office of Management Privacy Act Impact Assessment: No Noncommercial Educational Station for and Budget (OMB) control number. No impact(s). Reserved Channel Construction Permit person shall be subject to any penalty Nature and Extent of Confidentiality: Application. for failing to comply with a collection There is no need for confidentiality with Form Number: FCC Form 2100, of information subject to the PRA that this collection of information. Schedule 340. does not display a valid OMB control Needs and Uses: On May 12, 2020, Type of Review: Revision of a number. the Commission adopted Amendment of currently approved collection.

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Respondents: Business or other for- discussions prior to tentative selectee (7) Adding a Reasonable Site profit entities, not for profit institutions designations; and (3) establishes Assurance Certification in the Technical and State, local or Tribal Government. procedures for remaining tentative Certifications Section of the form, Number of Respondents and selectees following dismissal of point requiring the applicant to certify that it Responses: 2,820 respondents; 2,820 aggregation time-share agreements. has obtained reasonable assurance from responses. Third, the NCE LPFM Report and the tower owner or authorized Estimated Time per Response: 0.5 Order adopts the following general representative, that its specified site will hours–6 hours. changes: (1) Defines which applicant be available. Frequency of Response: On occasion board changes are major changes; (2) The revisions to the relevant rules, reporting requirement and Third party clarifies the reasonable site assurance and the changes to the questions in disclosure requirement. requirements; (3) streamlines Schedule 340 listed above affect the Obligation to Respond: Required to construction deadline tolling substance, burden hours, and costs of obtain or retain benefits. The statutory procedures and notification completing the Schedule 340. Therefore, authority for this collection is contained requirements; (4) lengthens the LPFM this submission is being made to OMB in Sections 154(i), 303 and 308 of the construction period; and (5) eliminates for approval of revised Information Communications Act of 1934, as restrictions on the assignment and Collection requirements. amended. transfer of LPFM authorizations. On May 12, 2020, the Commission Total Annual Burden: 6,603 hours. Specifically, pertaining to this adopted Amendment of Section 73.3580 Total Annual Cost: $30,039,119. Information Collection and NCE of the Commission’s Rules Regarding Privacy Act Impact Assessment: No Public Notice of the Filing of impact(s). stations, the Commission is revising the relevant rules, 47 CFR 73.7002, 73.7003, Applications; Modernization of Media Nature and Extent of Confidentiality: Regulation Initiative; Revision of the There is no need for confidentiality with and 73.7005, the form, and corresponding instructions, as follows: Public Notice Requirements of Section this collection of information. 73.3580, Second Report and Order, MB (1) Changing all former references to Needs and Uses: This submission is Docket Nos. 17–254, 17–105, & 05–6, ‘‘holding period’’ to ‘‘maintenance of being made to the Office of Management FCC 20–65 (rel. May 13, 2020). The comparative qualifications.’’ During the (OMB) for the approval of information Commission adopted new, streamlined four-year ‘‘maintenance of comparative collection requirements contained in the procedures for stations to provide qualifications’’ period, an NCE station Commission’s Reexamination of the public notice of the filing of certain receiving a decisive preference for fair Comparative Standards and Procedures applications. Stations, including distribution of service, in accordance for Licensing Noncommercial stations filing for new construction with the provisions of 47 CFR 73.7002, Educational Broadcast Stations and Low permits or major modifications to Power FM Stations, Report and Order, must certify that any technical facilities, that were previously required FCC 19–127, 34 FCC Rcd 12519 (2019) modification to its authorized facilities to post public notice in a local (NCE LPFM Report and Order), adopted satisfies the technical requirements of newspaper, must now post notice December 10, 2019, and released on 47 CFR 73.7005(b). online, either on the station website or December 11, 2019, where the (2) Adding an ‘‘Established Local a website affiliated with the station, its Commission revised its rules and Applicant Pledge,’’ requiring an licensee, or its parent entity, or else procedures for considering competing applicant to pledge to maintain localism must post notice on a publicly applications for new and major characteristics during the four-year accessible, locally targeted website, for modifications to noncommercial maintenance of comparative 30 continuous days following educational full-service FM and full- qualifications period, if the applicant acceptance of the application for filing. power television (NCE), and low power certifies that it qualifies for points as an Stations that are required to make on-air FM (LPFM) broadcast stations. The ‘‘established local applicant’’ in the announcements of the filing of certain changes are designed to improve the Point System Factors of 47 CFR 73.7003. applications, must continue to do so, comparative selection and licensing (3) Adding a ‘‘Diversity Pledge,’’ but the announcements are shorter and procedures, expedite the initiation of requiring an applicant to pledge to direct viewers and listeners to the new service to the public, eliminate comply with all of the restrictions on application as filed and displayed in unnecessary applicant burdens, and station modifications and acquisitions either the station’s Online Public reduce the number of appeals of NCE (as defined in 47 CFR 73.7005) during Inspection File or another Commission comparative licensing decisions. the four-year maintenance of database. A total of six on-air First, to improve the NCE comparative comparative qualifications period, if the announcements are required, at least process, the NCE LPFM Report and applicant certifies that it qualifies for one per week and no more than one per Order: (1) Eliminates the governing ‘‘local diversity of ownership’’ points in day or two per week, to be broadcast document requirements for established the Point System Factors of 47 CFR between 7:00 a.m. and 11:00 p.m. local local applicants and applicants claiming 73.7003. time, Monday through Friday, beginning diversity points; (2) establishes a (4) Modifying the divestiture sub- after the application is accepted for uniform divestiture pledge policy; (3) question certification, to reflect the new filing. expands the tie-breaker criteria and divestiture policies, in the Diversity of This submission is being made to revises the procedures for allocating Ownership question in the Point System OMB for approval of the modified third- time in mandatory time-sharing Factors Section. party disclosure requirements for this situations; and (4) clarifies and modifies (5) Adding a new question in the Tie Information Collection, as adopted in the ‘‘holding period’’ rule. Breakers section of the form, reflecting the 2020 Public Notice Second Report Second, the NCE LPFM Report and the new third tie-breaker criterion of 47 and Order. The changes pertaining to Order adopts the following changes to CFR 73.7003(c)(3). this Information Collection and to 47 the LPFM comparative process: (1) (6) Adding a new question in the Tie CFR 73.3580 adopted in the 2020 Public Prohibits amendments that attempt to Breakers Section of the form, requiring Notice Second Report and Order, do not cure past unauthorized station the applicant to provide its initial date necessitate changes to the Schedule 340, violations; (2) authorizes time-sharing of establishment. nor do they affect the substance, burden

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hours, or costs of completing the forms. new service to the public, eliminate LPFM station has operated on-air for at The rule changes do, however, reduce unnecessary applicant burdens, and least four years since grant; burdens and costs associated with filing reduce the number of appeals of NCE (5) requiring NCE applicants to certify the application. comparative licensing decisions. that the proposed acquisition comports Control Number: 3060–0031. First, to improve the NCE comparative with 47 CFR 73.7005(c) diversity Title: Application for Consent to process, the NCE LPFM Report and requirements, based on any ‘‘diversity of Assignment of Broadcast Station Order: (1) Eliminates the governing ownership’’ points awarded in an NCE Construction Permit or License, FCC document requirements for established points system analysis. Form 314; Application for Consent to local applicants and applicants claiming Moreover, the NCE LPFM Report and Transfer Control of Entity Holding diversity points; (2) establishes a Order will increase the number of Broadcast Station Construction Permit uniform divestiture pledge policy; (3) applicants eligible to file FCC Forms or License, FCC Form 315; Section expands the tie-breaker criteria and 314 and 315 by eliminating both the 73.3580, Local Public Notice of Filing of revises the procedures for allocating absolute prohibition on the assignment/ Broadcast Applications. time in mandatory time-sharing transfer of LPFM construction permits Form Number: FCC Forms 314 and situations; and (4) clarifies and modifies and the three-year holding period 315. the ‘‘holding period’’ rule. restriction on assigning LPFM licenses. Type of Review: Revision of a Second, the NCE LPFM Report and The elimination of these restrictions currently approved collection. Order adopts the following changes to will benefit the LPFM service by Respondents: Business or other for- the LPFM comparative process: (1) increasing the likelihood that LPFM profit entities; Not-for-profit Prohibits amendments that attempt to permits will be constructed, provide institutions; State, local or Tribal cure past unauthorized station new service to communities, and help government. violations; (2) authorizes time-sharing make the LPFM stations more viable. On May 12, 2020, the Commission Number of Respondents and discussions prior to tentative selectee adopted Amendment of Section 73.3580 Responses: 4,920 respondents and designations; and (3) establishes of the Commission’s Rules Regarding 13,160 responses. procedures for remaining tentative Estimated Time per Response: 0.075 Public Notice of the Filing of selectees following dismissal of point to 7 hours. Applications; Modernization of Media aggregation time-share agreements. Frequency of Response: On occasion Regulation Initiative; Revision of the reporting requirement; Third party Third, the NCE LPFM Report and Public Notice Requirements of Section disclosure requirement. Order adopts the following general 73.3580, Second Report and Order, MB Obligation To Respond: Required to changes: (1) Defines which applicant Docket Nos. 17–254, 17–105, & 05–6, obtain or retain benefits. Statutory board changes are major changes; (2) FCC 20–65 (rel. May 13, 2020). The authority for this collection of clarifies the reasonable site assurance Commission adopted new, streamlined information is contained in Sections requirements; (3) streamlines procedures for stations to provide 154(i), 303(b) and 308 of the construction deadline tolling public notice of the filing of certain Communications Act of 1934, as procedures and notification applications. Stations, including amended. requirements; (4) lengthens the LPFM commercial stations filing assignment Total Annual Burden: 17,159 hours. construction period; and (5) eliminates and transfer applications, that were Total Annual Cost: $51,493,759. restrictions on the assignment and previously required to post public Privacy Impact Assessment(s): No transfer of LPFM authorizations. notice in a local newspaper, must now impacts. Specifically, pertaining to this post notice online either on the station Nature and Extent of Confidentiality: Information Collection and NCE and website or a website affiliated with the There is no need for confidentiality and LPFM stations, the Commission is station, its licensee, or its parent entity, respondents are not being asked to removing the restrictive LPFM station or else must post notice on a publicly submit confidential information to the three-year ‘‘holding period’’ certification accessible, locally targeted website, for Commission. from CDBS Forms 314 and 315, and 30 continuous days following Needs and Uses: This submission is revising the relevant rules, 47 CFR acceptance of the application for filing. being made to the Office of Management 73.865 and 73.7005, the forms, and Stations, including those filing (OMB) for the approval of information corresponding instructions, as follows: assignment and transfer applications, collection requirements contained in the (1) Changing all references to that are required to make on-air Commission’s Reexamination of the ‘‘holding period’’ to ‘‘maintenance of announcements of the filing of certain Comparative Standards and Procedures comparative qualifications,’’ and applications, must continue to do so, for Licensing Noncommercial requiring NCE stations awarded by the but the announcements are shorter and Educational Broadcast Stations and Low point system to certify satisfying the direct viewers and listeners to the Power FM Stations, Report and Order, four-year ‘‘maintenance of comparative application as filed and displayed in FCC 19–127, 34 FCC Rcd 12519 (2019) qualifications’’ period; either the station’s Online Public (NCE LPFM Report and Order), adopted (2) requiring LPFM applicants to Inspection File or another Commission December 10, 2019, and released on certify that it has been at least 18 database. A total of six on-air December 11, 2019, where the months since the station’s initial announcements are required, at least Commission revised its rules and construction permit was granted in one per week and no more than one per procedures for considering competing accordance with 47 CFR 73.865(c); day or two per week, to be broadcast applications for new and major (3) requiring LPFM applicants to between 7:00 a.m. and 11:00 p.m. local modifications to noncommercial certify that the assignment/transfer of time, Monday through Friday, beginning educational full-service FM and full- the LPFM authorization satisfies the after the application is accepted for power television (NCE), and low power consideration restrictions of 47 CFR filing. FM (LPFM) broadcast stations. The 73.865(a)(1); This submission is being made to changes are designed to improve the (4) requiring LPFM authorizations OMB for approval of the modified third- comparative selection and licensing awarded by the LPFM comparative party disclosure requirements for this procedures, expedite the initiation of point system, to indicate whether the Information Collection, as adopted in

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the 2020 Public Notice Second Report website or a website affiliated with the 154(i) and 311 of the Communications and Order. The changes pertaining to station, its licensee, or its parent entity, Act of 1934, as amended. this Information Collection and to 47 or else must post notice on a publicly Privacy Impact Assessment: No CFR 73.3580 adopted in the 2020 Public accessible, locally targeted website, for impact(s). Notice Second Report and Order, do not 30 continuous days following Needs and Uses: The Commission is necessitate changes to the Forms 314 or acceptance of the application for filing. submitting this revision to the Office of 315, nor do they affect the substance, Stations that are required to make on-air Management and Budget for approval to burden hours, or costs of completing the announcements of the filing of certain remove the information collection forms. The rule changes do, however, applications, including applications for requirements, annual burden hours and reduce burdens and costs associated the renewal of broadcast licenses, must annual cost contained in this collection with filing the application. continue to do so, but the for 47 CFR 73.3535(b). The Commission OMB Control Number: 3060–0110. announcements are shorter and direct removed this rule section when it Title: FCC Form 2100, Application for viewers and listeners to the application adopted the Amendment of Section Renewal of Broadcast Station License, as filed and displayed in either the 73.3580 of the Commission’s Rules LMS Schedule 303–S. station’s Online Public Inspection File Regarding Public Notice of the Filing of Form Number: FCC 2100, LMS or another Commission database. A total Applications, MB Docket No. 17–264, Schedule 303–S. of six on-air announcements are FCC 20–65 on May 12, 2020. Type of Review: Revision of a required, at least one per week and no The following information collection currently approved collection. more than one per day or two per week, requirements remain in this collection: Respondents: Business or other for- to be broadcast between 7:00 a.m. and 47 CFR Section 73.3525 states (a) profit entities; Not for profit institutions; 11:00 p.m. local time, Monday through except as provided in § 73.3523 State, Local or Tribal Governments. Friday, beginning after the application regarding dismissal of applications in Number of Respondent and is accepted for filing. The Commission comparative renewal proceedings, Responses: 5,126 respondents, 5,126 also clarified low-power FM (LPFM) whenever applicants for a construction responses. stations’ obligations to provide local permit for a broadcast station enter into Obligation To Respond: Required to public notice, and amended section an agreement to procure the removal of obtain or retain benefits. The statutory 73.801 of the rules (47 CFR 73.801, a conflict between applications pending authority for this collection of listing FCC rules that apply to the LPFM before the FCC by withdrawal or information is contained in Sections service) to include the local public amendment of an application or by its 154(i), 303, 307 and 308 of the notice rule, 47 CFR 73.3580. dismissal pursuant to § 73.3568, all Communications Act of 1934, as This submission is being made to parties thereto shall, within 5 days after amended, and Section 204 of the OMB for approval of the modified third- entering into the agreement, file with Telecommunications Act of 1996. party disclosure requirements for this the FCC a joint request for approval of Estimated Time per Response: 0.5 Information Collection, as adopted in such agreement. The joint request shall hours–12 hours. the 2020 Public Notice Second Report be accompanied by a copy of the Frequency of Response: Every eight- and Order. The changes pertaining to agreement, including any ancillary year reporting requirement; Third party this Information Collection and to 47 agreements, and an affidavit of each disclosure requirement. CFR 73.3580 adopted in the 2020 Public party to the agreement setting forth: Total Annual Burden: 14,868 hours. Notice Second Report and Order, do not (1) The reasons why it is considered Total Annual Costs: $3,994,164. necessitate changes to Schedule 303–S, that such agreement is in the public Obligation of Response: Required to interest; obtain or retain benefits. The statutory nor do they affect the substance, burden hours, or costs of completing the forms. (2) A statement that its application authority for the collection is contained was not filed for the purpose of reaching Sections 154(i), 303, 307 and 308 of the The rule changes do, however, reduce burdens and costs associated with filing or carrying out such agreement; Communications Act of 1934, as (3) A certification that neither the amended, and Section 204 of the the application. OMB Control Number: 3060–0213. applicant nor its principals has received Telecommunications Act of 1996. Title: Section 73.3525, Agreements for any money or other consideration in Nature and Extent of Confidentiality: Removing Application Conflicts. excess of the legitimate and prudent There is no need for confidentiality with Form Number: N/A. expenses of the applicant; Provided this information collection. Type of Review: Revision of a That this provision shall not apply to Privacy Act Impact Assessment: No currently approved collection. bona fide merger agreements; impact(s). Respondents: Business or other for- (4) The exact nature and amount of Needs and Uses: On May 12, 2020, profit entities; Not for profit institutions. any consideration paid or promised; the Commission adopted Amendment of Number of Respondents and (5) An itemized accounting of the Section 73.3580 of the Commission’s Responses: 38 respondents; 38 expenses for which it seeks Rules Regarding Public Notice of the responses. reimbursement; and Filing of Applications; Modernization of Estimated Time per Response: 1 hour. (6) The terms of any oral agreement Media Regulation Initiative; Revision of Frequency of Response: On occasion relating to the dismissal or withdrawal the Public Notice Requirements of reporting requirement; Third party of its application. Section 73.3580, Second Report and disclosure requirement. OMB Control Number: 3060–0214. Order, MB Docket Nos. 17–254, 17–105, Total Annual Burden: 38 hours. Title: Sections 73.3526 and 73.3527, & 05–6, FCC 20–65 (rel. May 13, 2020). Total Annual Cost: $91,200. Local Public Inspection Files; Sections The Commission adopted new, Nature and Extent of Confidentiality: 73.1212, 76.1701 and 73.1943, Political streamlined procedures for stations to There is no need for confidentiality with Files. provide public notice of the filing of this collection of information. Form Number: N/A. certain applications. Some stations that Obligation to Respond: Required to Type of Review: Revision of a were previously required to post public obtain or retain benefits. The statutory currently approved collection. notice in a local newspaper, must now authority for this collection of Respondents: Business or other for post notice online, either on the station information is contained in Sections profit entities; Not for profit institutions;

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State, Local or Tribal government; to post public notice in a local OMB Control Number: 3060–0405. Individuals or households. newspaper, must now post notice Title: Form 2100, Schedule 349—FM Number of Respondents and online, either on the station website or Translator or FM Booster Station Responses: 23,984 respondents; 62,839 a website affiliated with the station, its Construction Permit Application. responses. licensee, or its parent entity, or else Form Number: FCC Form 2100, Estimated Time per Response: 1–52 must post notice on a publicly Schedule 349. hours. accessible, locally targeted website, for Type of Review: Revision of a Frequency of Response: On occasion 30 continuous days following currently approved collection. reporting requirement, Recordkeeping acceptance of the application for filing. Respondents: Business or other for- requirement, Third party disclosure Stations that are required to make on-air profit entities; State, Local or Tribal requirement. announcements of the filing of certain Government; Not-for-profit institutions. Obligation to Respond: Required to applications, must continue to do so, Number of Respondents and obtain or retain benefits. Statutory but the announcements are shorter and Responses: 1,250 respondents; 3,750 authority for these collections is direct viewers and listeners to the responses. contained in Sections 151, 152, 154(i), application as filed and displayed in Estimated Time per Response: 0.5 303, 307 and 308 of the either the station’s Online Public hours–1.5 hours. Communications Act of 1934, as Inspection File or another Commission Frequency of Response: On occasion amended. database. A total of six on-air reporting requirement; Third party Total Annual Burden: 2,043,805 announcements are required, at least disclosure requirement. hours. one per week and no more than one per Obligation to Respond: Required to Total Annual Cost: None. day or two per week, to be broadcast obtain or retain benefits. The statutory Privacy Impact Assessment: The between 7:00 a.m. and 11:00 p.m. local authority for this information collection Commission prepared a system of time, Monday through Friday, beginning is contained in Sections 154(i), 303 and records notice (SORN), FCC/MB–2, after the application is accepted for 308 of the Communications Act of 1934, ‘‘Broadcast Station Public Inspection filing. as amended. Files,’’ that covers the PII contained in This submission is being made to Total Annual Burden: 4,050 hours. the broadcast station public inspection OMB for approval of the modified third- Total Annual Cost: $4,447,539. files located on the Commission’s party disclosure requirements for this Privacy Act Impact Assessment: No website. The Commission will revise Information Collection, as adopted in impact(s). appropriate privacy requirements as the 2020 Public Notice Second Report Nature and Extent of Confidentiality: necessary to include any entities and and Order. The modified information There is no need for confidentiality with information added to the online public collection requirements, revising rules this information collection. file in this proceeding. 47 CFR 73.3526(e)(13) and 47 CFR Needs and Uses: On May 12, 2020, Nature and Extent of Confidentiality: 73.3527(e)(10) covering local public the Commission adopted Amendment of Most of the documents comprising the notice announcements, are as follows: Section 73.3580 of the Commission’s public file consist of materials that are 47 CFR 73.3526(e)(13)—Local public Rules Regarding Public Notice of the not of a confidential nature. notice announcements. Each applicant Filing of Applications; Modernization of Respondents complying with the for renewal of license shall, within 7 Media Regulation Initiative; Revision of information collection requirements days of the last day of broadcast of the the Public Notice Requirements of may request that the information they local public notice of filing Section 73.3580, Second Report and submit be withheld from disclosure. If announcements required pursuant to Order, MB Docket Nos. 17–254, 17–105, confidentiality is requested, such § 73.3580(c)(3), place in the station’s & 05–6, FCC 20–65 (rel. May 13, 2020). requests will be processed in online public inspection file a statement The Commission adopted new, accordance with the Commission’s certifying compliance with this streamlined procedures for stations to rules, 47 CFR 0.459. requirement. The dates and times that provide public notice of the filing of In addition, the Commission has the on-air announcements were certain applications. Stations, including adopted provisions that permit broadcast shall be made part of the stations filing for new construction respondents subject to the information certifying statement. The certifying permits or major modifications to collection requirement for Shared statement shall be retained in the public facilities, that were previously required Service Agreements to redact file for the period specified in to post public notice in a local confidential or proprietary information § 73.3580(e)(2) (for as long as the newspaper, must now post notice from their disclosures. application to which it refers). online, either on the station website or Needs and Uses: On May 12, 2020, 47 CFR 73.3527(e)(10)—Local public a website affiliated with the station, its the Commission adopted Amendment of notice announcements. Each applicant licensee, or its parent entity, or else Section 73.3580 of the Commission’s for renewal of license shall, within 7 must post notice on a publicly Rules Regarding Public Notice of the days of the last day of broadcast of the accessible, locally targeted website, for Filing of Applications; Modernization of local public notice of filing 30 continuous days following Media Regulation Initiative; Revision of announcements required pursuant to acceptance of the application for filing. the Public Notice Requirements of § 73.3580(c)(3), place in the station’s This submission is being made to Section 73.3580, Second Report and online public inspection file a statement OMB for approval of the modified third- Order, MB Docket Nos. 17–254, 17–105, certifying compliance with this party disclosure requirements for this & 05–6, FCC 20–65 (rel. May 13, 2020). requirement. The dates and times that Information Collection, as adopted in The Commission adopted new, the on-air announcements were the 2020 Public Notice Second Report streamlined procedures for stations to broadcast shall be made part of the and Order. The changes pertaining to provide public notice of the filing of certifying statement. The certifying this Information Collection and to 47 certain applications. Stations, including statement shall be retained in the public CFR 73.3580 adopted in the 2020 Public stations filing for new construction file for the period specified in Notice Second Report and Order, do not permits or major modifications to § 73.3580(e)(2) (for as long as the necessitate changes to the Schedule 349, facilities, that were previously required application to which it refers). nor do they affect the substance, burden

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hours, or costs of completing the forms. equipment, but this option was not OMB Control Number: 3060–0920. The rule changes do, however, reduce available to LPFM stations because they Title: Form 2100, Schedule 318—Low burdens and costs associated with filing cannot be co-owned. The 2020 Power FM Station Construction Permit the application. Technical Report and Order permitted Application; Report and Order in MM In April 2020, the Commission co-located LPFM stations (particularly Docket No. 99–25 Creation of Low adopted a Report and Order making those in time-share arrangements) to Power Radio Service; Sections 73.801, certain changes to the LPFM technical share an EAS decoder pursuant to an 73.807, 73.809, 73.810, 73.816, 73.827, rules, to improve reception and increase agreement for common access as well as 73.850, 73.865, 73.870, 73.871, 73.872, flexibility while maintaining common responsibility for any EAS rule 73.877, 73.878, 73.318, 73.1030, interference protection and the core violations, thus potentially reducing 73.1207, 73.1212, 73.1300, 73.1350, LPFM goals of diversity and localism. costs. 73.1610, 73.1620, 73.1750, 73.1943, Amendments of Parts 73 and 74 to Facilitate Waivers of Requirement to 73.3525, 73.3550, 73.3598, 11.61(ii). Improve the Low Power FM Radio Protect Television Stations Operating on Form No.: Form 2100, Schedule 318. Service Technical Rules; Modernization Channel 6. Stations on the part of the Type of Review: Revision of a of Media Regulation Initiative, Report FM band reserved for NCE use must currently approved collection. and Order, MB Docket Nos. 19–193, 17– currently protect adjacent television Respondents: Not-for-profit 105, FCC 20–53 (rel. Apr. 23, 2020) stations on Channel 6 (TV6). The 2020 institutions; State, local or Tribal (2020 Technical Report and Order). Technical Report and Order deferred to governments. LPFM stations provide a secondary, a future proceeding consideration of a Number of Respondents and noncommercial radio service with a proposal to eliminate the protection of Responses: 24,606 respondents with community focus. The Commission digital television stations operating on multiple responses; 31,324 responses. originally designed LPFM engineering TV6. The 2020 Technical Report and Estimated Time per Response: .0025– requirements to be simple so that non- Order stated that until such a 12 hours. profit organizations with limited proceeding is resolved, the Commission Frequency of Response: engineering expertise and small budgets will accept FM proposals that are short- Recordkeeping requirement; On could readily apply for, construct, and spaced to TV6 if the FM applicant occasion reporting requirement; operate community-oriented stations demonstrates no interference. Monthly reporting requirement; Third serving highly localized areas. LPFM Alternatively, the 2020 Technical party disclosure requirement. organizations suggested that the service Report and Order added language to the Obligation To Respond: Required to has matured and requires additional rules allowing reserved band radio obtain or retain benefits. The statutory engineering options to improve stations to provide an agreement authority for this collection of reception. Thus, the 2020 Technical indicating the concurrence of all information is contained in sections Report and Order adopted the following potentially affected digital TV6 stations. 154(i), 303, 308 and 325(a) of the rules: Miscellaneous Changes. The 2020 Communications Act of 1934, as Allow expanded LPFM use of Technical Report and Order added amended. directional antennas. All LPFM stations language to 47 CFR 73.850 requiring Total Annual Burden: 52,889 hours. may use directional facilities, with LPFM stations to notify the Commission Total Annual Costs: $1,229,370. either off-the-shelf or composite if they are silent for ten days and to seek Privacy Act Impact Assessment: This antennas, upon a satisfactory authority for silent periods over 30 days, information collection does not affect engineering showing. Such antennas as required for all other broadcasters, individuals or households; thus, there could improve service near thus codifying a longstanding policy are no impacts under the Privacy Act. international borders by allowing LPFM that the Bureau already applies to the Nature and Extent of Confidentiality: stations to serve more listeners in the LPFM service that allows it to identify There is no need for confidentiality with United States while continuing to and assist LPFM stations at risk of this information collection. protect Mexican and Canadian stations. losing their licenses automatically Needs and Uses: This submission is Redefine ‘‘Minor Changes’’ for LPFM under section 312(g) of the being made to the Office of Management stations. An LPFM station may apply for Communications Act. (OMB) for the approval of information approval to relocate its transmitter site Specifically, pertaining to this collection requirements contained in the without awaiting a filing window if the Information Collection and FM Booster Commission’s Reexamination of the change is ‘‘minor,’’ redefined in the (and LPFM) stations, the Commission is Comparative Standards and Procedures 2020 Technical Report and Order as a revising the form, the corresponding for Licensing Noncommercial move of 11.2 kilometers or less. The instructions, and the information Educational Broadcast Stations and Low 2020 Technical Report and Order also collection as follows: Power FM Stations, Report and Order, allowed proposals of greater distances to (1) Permitting LPFM licensees to own FCC 19–127, 34 FCC Rcd 12519 (2019) qualify as minor if the existing and and operate FM Booster stations. (NCE LPFM Report and Order), adopted proposed service contours overlap. The 2020 Technical Report and Order December 10, 2019, and released on Permit LPFM Use of FM Booster will increase the number of applicants December 11, 2019, where the Stations. FM booster stations amplify eligible to file LMS Schedule 349 by Commission revised its rules and and retransmit a station’s signal. The eliminating the absolute prohibition on procedures for considering competing 2020 Technical Report and Order the cross-ownership of FM Booster applications for new and major amended rules that had prohibited stations by LPFM licenses. The overall modifications to noncommercial LPFM stations from operating booster number of respondents may increase educational full-service FM and full- stations, allowing LPFM stations to because these rule changes expand the power television (NCE), and low power operate an FM booster in lieu of an FM universe of applicants eligible to apply FM (LPFM) broadcast stations. The translator when a booster would better for an FM Booster station construction changes are designed to improve the address unique terrain challenges. permit. Therefore, this submission is comparative selection and licensing Allow Shared Emergency Alert being made to OMB for approval of procedures, expedite the initiation of System (EAS) Equipment. Co-owned, revised Information Collection new service to the public, eliminate co-located radio stations can share EAS requirements. unnecessary applicant burdens, and

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reduce the number of appeals of NCE Commission adopted new, streamlined community focus. The Commission comparative licensing decisions. procedures for stations to provide originally designed LPFM engineering First, to improve the NCE comparative public notice of the filing of certain requirements to be simple so that non- process, the NCE LPFM Report and applications. Stations, including profit organizations with limited Order: (1) Eliminates the governing stations filing for new construction engineering expertise and small budgets document requirements for established permits or major modifications to could readily apply for, construct, and local applicants and applicants claiming facilities, that were previously required operate community-oriented stations diversity points; (2) establishes a to post public notice in a local serving highly localized areas. LPFM uniform divestiture pledge policy; (3) newspaper, must now post notice organizations suggested that the service expands the tie-breaker criteria and online, either on the station website or has matured and requires additional revises the procedures for allocating a website affiliated with the station, its engineering options to improve time in mandatory time-sharing licensee, or its parent entity, or else reception. Thus, the 2020 Technical situations; and (4) clarifies and modifies must post notice on a publicly Report and Order adopted the following the ‘‘holding period’’ rule. accessible, locally targeted website, for rules: Second, the NCE LPFM Report and 30 continuous days following Allow expanded LPFM use of Order adopts the following changes to acceptance of the application for filing. directional antennas. All LPFM stations the LPFM comparative process: (1) Stations that are required to make on-air may use directional facilities, with Prohibits amendments that attempt to announcements of the filing of certain either off-the-shelf or composite cure past unauthorized station applications, must continue to do so, antennas, upon a satisfactory violations; (2) authorizes time-sharing but the announcements are shorter and engineering showing. Such antennas discussions prior to tentative selectee direct viewers and listeners to the could improve service near designations; and (3) establishes application as filed and displayed in international borders by allowing LPFM procedures for remaining tentative either the station’s Online Public stations to serve more listeners in the selectees following dismissal of point Inspection File or another Commission United States while continuing to aggregation time-share agreements. database. A total of six on-air protect Mexican and Canadian stations. Third, the NCE LPFM Report and announcements are required, at least Redefine ‘‘Minor Changes’’ for LPFM Order adopts the following general one per week and no more than one per stations. An LPFM station may apply for changes: (1) Defines which applicant day or two per week, to be broadcast approval to relocate its transmitter site board changes are major changes; (2) between 7:00 a.m. and 11:00 p.m. local without awaiting a filing window if the clarifies the reasonable site assurance time, Monday through Friday, beginning change is ‘‘minor,’’ redefined in the requirements; (3) streamlines after the application is accepted for 2020 Technical Report and Order as a construction deadline tolling filing. The Commission also clarified move of 11.2 kilometers or less. The procedures and notification LPFM stations’ obligations to provide 2020 Technical Report and Order also requirements; (4) lengthens the LPFM local public notice, and amended allowed proposals of greater distances to construction period; and (5) eliminates section 73.801 of the rules (47 CFR qualify as minor if the existing and restrictions on the assignment and 73.801, listing FCC rules that apply to proposed service contours overlap. transfer of LPFM authorizations. the LPFM service) to include the local Permit LPFM Use of FM Booster Specifically, pertaining to this public notice rule, 47 CFR 73.3580. Stations. FM booster stations amplify Information Collection and LPFM This submission is being made to and retransmit a station’s signal. The stations, the Commission is revising the OMB for approval of the modified third- 2020 Technical Report and Order relevant rules, 47 CFR Section 73.872, party disclosure requirements for this amended rules that had prohibited the form, and corresponding Information Collection, as adopted in LPFM stations from operating booster instructions, as follows: the 2020 Public Notice Second Report stations, allowing LPFM stations to (1) Adding a Reasonable Site and Order. The changes pertaining to operate an FM booster in lieu of an FM Assurance Certification in the Technical this Information Collection and to 47 translator when a booster would better Certifications Section of the form, CFR 73.3580 adopted in the 2020 Public address unique terrain challenges. requiring the applicant to certify that it Notice Second Report and Order, do not Allow Shared Emergency Alert has obtained reasonable assurance from necessitate changes to the Schedule 318, System (EAS) Equipment. Co-owned, the tower owner or authorized nor do they affect the substance, burden co-located radio stations can share EAS representative, that its specified site will hours, or costs of completing the forms. equipment, but this option was not be available. The rule changes do, however, reduce available to LPFM stations because they The revisions to the relevant rules, burdens and costs associated with filing cannot be co-owned. The 2020 and the changes to the questions in the application. Technical Report and Order permitted Schedule 318 listed above affect the In April 2020, the Commission co-located LPFM stations (particularly substance, burden hours, and costs of adopted a Report and Order making those in time-share arrangements) to completing the Schedule 318. Therefore, certain changes to the LPFM technical share an EAS decoder pursuant to an this submission is being made to OMB rules, to improve reception and increase agreement for common access as well as for approval of revised Information flexibility while maintaining common responsibility for any EAS rule Collection requirements. interference protection and the core violations, thus potentially reducing On May 12, 2020, the Commission LPFM goals of diversity and localism. costs. adopted Amendment of Section 73.3580 Amendments of Parts 73 and 74 to Facilitate Waivers of Requirement to of the Commission’s Rules Regarding Improve the Low Power FM Radio Protect Television Stations Operating on Public Notice of the Filing of Service Technical Rules; Modernization Channel 6. Stations on the part of the Applications; Modernization of Media of Media Regulation Initiative, Report FM band reserved for NCE use must Regulation Initiative; Revision of the and Order, MB Docket Nos. 19–193, 17– currently protect adjacent television Public Notice Requirements of Section 105, FCC 20–53 (rel. Apr. 23, 2020) stations on Channel 6 (TV6). The 2020 73.3580, Second Report and Order, MB (2020 Technical Report and Order). Technical Report and Order deferred to Docket Nos. 17–254, 17–105, & 05–6, LPFM stations provide a secondary, a future proceeding consideration of a FCC 20–65 (rel. May 13, 2020). The noncommercial radio service with a proposal to eliminate the protection of

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digital television stations operating on for approval of revised Information subsidiary savings association of Hoyne TV6. The 2020 Technical Report and Collection requirements. Savings, MHC and Hoyne Financial Order stated that until such a Federal Communications Commission. Corporation, would each merge with proceeding is resolved, the Commission Marlene Dortch, and into Hoyne Interim Bank. Hoyne will accept FM proposals that are short- Secretary. Interim Bank would be the surviving spaced to TV6 if the FM applicant institution and would be renamed [FR Doc. 2020–12091 Filed 6–3–20; 8:45 am] demonstrates no interference. ‘‘Hoyne Savings Bank.’’ Alternatively, the 2020 Technical BILLING CODE 6712–01–P Report and Order added language to the Board of Governors of the Federal Reserve rules allowing reserved band radio System, May 29, 2020. stations to provide an agreement FEDERAL RESERVE SYSTEM Yao-Chin Chao, indicating the concurrence of all Assistant Secretary of the Board. Formations of, Acquisitions by, and potentially affected digital TV6 stations. [FR Doc. 2020–11998 Filed 6–3–20; 8:45 am] Miscellaneous Changes. The 2020 Mergers of Savings and Loan Holding BILLING CODE P Technical Report and Order added Companies language to 47 CFR 73.850 requiring The companies listed in this notice LPFM stations to notify the Commission have applied to the Board for approval, FEDERAL RESERVE SYSTEM if they are silent for ten days and to seek pursuant to the Home Owners’ Loan Act authority for silent periods over 30 days, (12 U.S.C. 1461 et seq.) (HOLA), Change in Bank Control Notices; as required for all other broadcasters, Regulation LL (12 CFR part 238), and Acquisitions of Shares of a Bank or thus codifying a longstanding policy Regulation MM (12 CFR part 239), and Bank Holding Company that the Bureau already applies to the all other applicable statutes and LPFM service that allows it to identify regulations to become a savings and The notificants listed below have and assist LPFM stations at risk of loan holding company and/or to acquire applied under the Change in Bank losing their licenses automatically the assets or the ownership of, control Control Act (Act) (12 U.S.C. 1817(j)) and under section 312(g) of the of, or the power to vote shares of a § 225.41 of the Board’s Regulation Y (12 Communications Act. The 2020 savings association. CFR 225.41) to acquire shares of a bank Technical Report and Order also made The applications listed below are several non-substantive changes to or bank holding company. The factors remove duplicative and out-of-date available for immediate inspection at that are considered in acting on the information. the Federal Reserve Bank indicated. The applications are set forth in paragraph 7 Specifically, pertaining to this applications also will be available for of the Act (12 U.S.C. 1817(j)(7)). inspection at the offices of the Board of Information Collection and LPFM The applications listed below, as well Governors. Interested persons may stations, the Commission is revising the as other related filings required by the relevant rules, 47 CFR 73.816, 73.850, express their views in writing on whether the proposed transaction Board, if any, are available for and 73.870, the form, and corresponding immediate inspection at the Federal instructions, as follows: complies with the standards enumerated in the HOLA (12 U.S.C. Reserve Bank indicated. The (1) Adding an Antenna Type question applications will also be available for in the Technical Certifications Section 1467a(e)). inspection at the offices of the Board of of the form, requiring the applicant to Unless otherwise noted, comments Governors. Interested persons may describe the proposed antenna type regarding each of these applications (directional or non-directional). must be received at the Reserve Bank express their views in writing on the Applicants proposing a directional indicated or the offices of the Board of standards enumerated in paragraph 7 of antenna (as now permitted by section Governors Ann E. Misback, Secretary of the Act. 73.816) must complete a data table, the Board, 20th Street and Constitution Comments regarding each of these providing relative field values for every Avenue NW, Washington, DC 20551– applications must be received at the 10 degrees on the unit circle. 0001, not later than July 6, 2020. Reserve Bank indicated or the offices of (2) Modifying section 73.850 to clarify A. Federal Reserve Bank of Chicago the Board of Governors, Ann E. that LPFM stations must, like other (Colette A. Fried, Assistant Vice Misback, Secretary of the Board, 20th broadcast stations, notify the President) 230 South LaSalle Street, Street and Constitution Avenue NW, Commission if they temporarily stop Chicago, Illinois 60690–1414: Washington, DC 20551–0001, not later 1. Hoyne Savings, MHC and Hoyne broadcasting. The rules require radio than June 18, 2020. stations to notify the Commission Financial Corporation, both of Chicago, within 10 days of temporarily Illinois; to acquire control of Loomis A. Federal Reserve Bank of San discontinuing operations and to obtain Federal Savings and Loan Association, Francisco (Sebastian Astrada, Director, Commission authorization if the Chicago, Illinois. Additionally, for Applications) 101 Market Street, San discontinued operations last beyond 30 Hoyne Savings, MHC to acquire control Francisco, California 94105–1579: days. of the newly-formed Hoyne Interim 1. Joseph D. Stilwell; Stilwell Value (3) Redefining the types of LPFM Bank, to be located in Chicago, Illinois, LLC; Stilwell Partners, L.P.; Stilwell facility changes that qualify as ‘‘minor’’ and for Hoyne Savings, MHC to transfer Activist Fund, L.P.; Stilwell Activist (in section 73.870), to provide to its subsidiary, Hoyne Financial Investments, L.P.; and Stilwell Value additional flexibility for LPFM stations Corporation, ownership of Hoyne Partners VII, L.P.; all of New York, New to relocate their facilities. Interim Bank. Under the proposal, York; as a group acting in concert to The revisions to the relevant rules, Hoyne Savings, MHC would form an acquire voting shares of Sound and the changes to the questions in interim Illinois-chartered stock savings Financial Bancorp, Inc., and thereby Schedule 318 listed above affect the bank, Hoyne Interim Bank. Immediately substance, burden hours, and costs of therafter, Loomis Federal Savings and indirectly acquire voting shares of completing the Schedule 318. Therefore, Loan Association and Hoyne Savings Sound Community Bank, both of this submission is being made to OMB Bank, Chicago, Illinois, the existing Seattle, Washington.

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Board of Governors of the Federal Reserve may do so by calling (202) 452–3684. Board’s delegated authority requires that System, May 29, 2020. Upon arrival, visitors will be required to the Board, after temporarily approving a Yao-Chin Chao, present valid government-issued photo collection, publish a notice soliciting Assistant Secretary of the Board. identification and to submit to security public comment. Therefore, the Board is [FR Doc. 2020–11997 Filed 6–3–20; 8:45 am] screening in order to inspect and also inviting comment on a proposal to BILLING CODE 6210–01–P photocopy comments. extend the FR A information collection Additionally, commenters may send a for three years, with these revisions. copy of their comments to the Office of Request for Comment on Information FEDERAL RESERVE SYSTEM Management and Budget (OMB) Desk Collection Proposal Officer—Shagufta Ahmed—Office of Agency Information Collection Information and Regulatory Affairs, The Board invites public comment on Activities: Announcement of Office of Management and Budget, New the following information collection, Temporary Approval by the Board Executive Office Building, Room 10235, which is being reviewed under Under Delegated Authority and 725 17th Street NW, Washington, DC authority delegated by the OMB under Submission to OMB 20503, or by fax to (202) 395–6974. the PRA. Comments are invited on the following: AGENCY: FOR FURTHER INFORMATION CONTACT: Board of Governors of the a. Whether the proposed collection of Federal Reserve System. Federal Reserve Board Clearance Officer—Nuha Elmaghrabi—Office of information is necessary for the proper ACTION: Temporary approval of the Chief Data Officer, Board of performance of the Board’s functions, information collection, request for including whether the information has comment. Governors of the Federal Reserve System, Washington, DC 20551, (202) practical utility; SUMMARY: The Board of Governors of the 452–3829. OMB Desk Officer—Shagufta b. The accuracy of the Board’s Federal Reserve System (Board) has Ahmed—Office of Information and estimate of the burden of the proposed temporarily revised the Reporting Regulatory Affairs, Office of information collection, including the Requirements Associated with Management and Budget, New validity of the methodology and Emergency Lending Under Section 13(3) Executive Office Building, Room 10235, assumptions used; (FR A; OMB No. 7100–0373), pursuant 725 17th Street NW, Washington, DC c. Ways to enhance the quality, to the authority delegated to the Board 20503, or by fax to (202) 395–6974. utility, and clarity of the information to by the Office of Management and A copy of the Paperwork Reduction be collected; d. Ways to minimize the burden of Budget (OMB). Act (PRA) OMB submission, including the reporting form and instructions, information collection on respondents, DATES: Comments must be submitted on including through the use of automated or before August 3, 2020. supporting statement, and other documentation will be placed into collection techniques or other forms of ADDRESSES: You may submit comments, information technology; and identified by FR A, by any of the OMB’s public docket files. These documents also are available on the e. Estimates of capital or startup costs following methods: and costs of operation, maintenance, • Federal Reserve Board’s public website Agency website: https:// and purchase of services to provide www.federalreserve.gov/. Follow the at https://www.federalreserve.gov/apps/ reportforms/review.aspx or may be information. instructions for submitting comments at At the end of the comment period, the https://www.federalreserve.gov/apps/ requested from the agency clearance officer, whose name appears above. comments and recommendations foia/proposedregs.aspx. received will be analyzed to determine • Email: regs.comments@ SUPPLEMENTARY INFORMATION: On June the extent to which the Board should federalreserve.gov. Include the OMB 15, 1984, OMB delegated to the Board modify the proposal. number in the subject line of the authority under the PRA to approve and message. assign OMB control numbers to Approval Under OMB Delegated • FAX: (202) 452–3819 or (202) 452– collections of information conducted or Authority of the Temporary Revision of 3102. sponsored by the Board. In exercising the Following Information Collection • Mail: Ann E. Misback, Secretary, this delegated authority, the Board is Report title: Reporting Requirements Board of Governors of the Federal directed to take every reasonable step to Associated with Emergency Lending Reserve System, 20th Street and solicit comment. In determining Under Section 13(3). Constitution Avenue NW, Washington, whether to approve a collection of Agency form number: FR A. DC 20551. information, the Board will consider all OMB control number: 7100–0373. All public comments are available comments received from the public and Frequency: Event-generated. from the Board’s website at https:// other agencies. Pursuant to its delegated Respondents: Entities or persons www.federalreserve.gov/apps/foia/ authority, the Board may temporarily borrowing under an emergency lending proposedregs.aspx as submitted, unless approve a revision to a collection of program or facility established pursuant modified for technical reasons or to information, without providing to section 13(3) of the Federal Reserve remove personally identifiable opportunity for public comment, if the Act. information at the commenter’s request. Board determines that a change in an Estimated number of respondents: FR Accordingly, comments will not be existing collection must be instituted A–1: 8,290; FR A–2: 6,449; FR A–3: edited to remove any identifying or quickly and that public participation in 13,526. contact information. Public comments the approval process would defeat the Estimated average hours per response: may also be viewed electronically or in purpose of the collection or FR A–1: 8 hours; FR A–2: 40 hours; FR paper in Room 146, 1709 New York substantially interfere with the Board’s A–3, Lender per-loan certifications: 2 Avenue NW, Washington, DC 20006, ability to perform its statutory hours; Borrower certifications: 8 hours. between 9:00 a.m. and 5:00 p.m. on obligation. Estimated annual burden hours: weekdays. For security reasons, the As discussed below, the Board has 419,283. Board requires that visitors make an made certain temporary revisions to the General description of report: The appointment to inspect comments. You FR A information collection. The Board’s Regulation A (12 CFR part 201)

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establishes policies and procedures with extension, without revision, of the FR A. DATES: Comments on the collection(s) of respect to emergency lending under One comment was received; it did not information must be received by the section 13(3) of the Federal Reserve Act, address aspects of the information OMB desk officer by July 6, 2020. as required by sections 1101 and 1103 collection as described in 5 CFR ADDRESSES: Written comments and of the Dodd-Frank Wall Street Reform 1320.8(d). On May 15, 2020, following recommendations for the proposed and Consumer Protection Act. the temporary approval of separate information collection should be sent Regulation A requires that borrowers revisions to this information collection, within 30 days of publication of this make two certifications in order to the Board published a Federal Register notice to www.reginfo.gov/public/do/ participate in any emergency lending notice (85 FR 29447) requesting public PRAMain. Find this particular authorized under section 13(3). These comment for 60 days on those information collection by selecting certifications, designated in this temporary revisions. Comments in ‘‘Currently under 30-day Review—Open information collection as FR A–1, response to both of these requests for for Public Comments’’ or by using the include that the borrowers are not comment are expected to be considered, search function. insolvent and that they cannot obtain along with any comments received in To obtain copies of a supporting adequate credit accommodation. response to this request for comment. statement and any related forms for the In addition to these certifications, the proposed collection(s) summarized in Board may establish additional Board of Governors of the Federal Reserve System, June 1, 2020. this notice, you may make your request certification requirements for an using one of following: individual emergency lending facility. Michele Taylor Fennell, Assistant Secretary of the Board. 1. Access CMS’ website address at The second part of the FR A information https://www.cms.gov/Regulations-and- [FR Doc. 2020–12068 Filed 6–3–20; 8:45 am] collection, FR A–2, pertains to reporting Guidance/Legislation/Paperwork requirements associated with individual BILLING CODE 6210–01–P ReductionActof1995/PRA-Listing.html. facilities that are related to requirements 2. Email your request, including your of the Coronavirus Aid, Relief, and address, phone number, OMB number, Economic Security Act (CARES Act). and CMS document identifier, to DEPARTMENT OF HEALTH AND The third part of FR A, designated as FR [email protected]. HUMAN SERVICES A–3, pertains to reporting requirements 3. Call the Reports Clearance Office at specific to the Main Street Expanded (410) 786–1326. Loan Facility, the Main Street New Loan Centers for Medicare & Medicaid FOR FURTHER INFORMATION CONTACT: Facility, and the Main Street Priority Services William Parham at (410) 786–4669. Loan Facility (collectively, the ‘‘Main Street Lending Program’’). [Document Identifier CMS–R–266] SUPPLEMENTARY INFORMATION: Under the Legal authorization and Paperwork Reduction Act of 1995 (PRA) confidentiality: The FR A is authorized Agency Information Collection (44 U.S.C. 3501–3520), federal agencies pursuant to section 13(3) of the Federal Activities: Submission for OMB must obtain approval from the Office of Reserve Act, which sets out Review; Comment Request Management and Budget (OMB) for each requirements for emergency lending. collection of information they conduct AGENCY: The obligation to respond is required to Centers for Medicare & or sponsor. The term ‘‘collection of obtain a benefit. Medicaid Services, HHS. information’’ is defined in 44 U.S.C. The information collected under FR A ACTION: Notice. 3502(3) and 5 CFR 1320.3(c) and may be kept confidential under includes agency requests or exemption 4 of the Freedom of SUMMARY: The Centers for Medicare & requirements that members of the public Information Act, which protects Medicaid Services (CMS) is announcing submit reports, keep records, or provide commercial or financial information an opportunity for the public to information to a third party. Section obtained from a person that is privileged comment on CMS’ intention to collect 3506(c)(2)(A) of the PRA (44 U.S.C. or confidential. information from the public. Under the 3506(c)(2)(A)) requires federal agencies Current actions: The Board is revising Paperwork Reduction Act of 1995 to publish a 30-day notice in the part FR A–3 of the FR A information (PRA), federal agencies are required to Federal Register concerning each collection to reflect additional reporting publish notice in the Federal Register proposed collection of information, requirements that were established for concerning each proposed collection of including each proposed extension or the three facilities of the Main Street information, including each proposed reinstatement of an existing collection Lending Program. Participating Main extension or reinstatement of an existing of information, before submitting the Street Lending Program lenders and collection of information, and to allow collection to OMB for approval. To borrowers are required to submit a second opportunity for public comply with this requirement, CMS is certifications related to the eligibility of comment on the notice. Interested publishing this notice that summarizes the borrowers, lenders, and loans for the persons are invited to send comments the following proposed collection(s) of program and for the specific facility. In regarding the burden estimate or any information for public comment: addition, the FR A respondent counts other aspect of this collection of 1. Type of Information Collection are being revised down to reflect a more information, including the necessity and Request: Extension of a currently accurate estimate. An updated utility of the proposed information approved collection; Title of methodology for estimating burden has collection for the proper performance of Information Collection: Medicaid also been used, resulting in a decrease the agency’s functions, the accuracy of Disproportionate Share Hospital (DSH) in average hours per response and slight the estimated burden, ways to enhance Annual Reporting Requirements; Use: increase in annual frequency. the quality, utility, and clarity of the States are required to submit an annual Detailed Discussion of Public information to be collected, and the use report that identifies each Comments: On March 2, 2020, the Board of automated collection techniques or disproportionate share hospital (DSH) published a notice in the Federal other forms of information technology to that received a DSH payment under the Register (85 FR 12295) requesting minimize the information collection state’s Medicaid program in the public comment for 60 days on the burden. preceding fiscal year and the amount of

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DSH payments paid to that hospital in DATES: Comments on the collection(s) of comply with all Medicare Parts C and D the same year along with other information must be received by the program requirements. CMS’ annual information that the Secretary OMB desk officer by July 6, 2020. audit plan ensures that we evaluate determines necessary to ensure the ADDRESSES: Written comments and Sponsoring organizations’ compliance appropriateness of DSH payments; Form recommendations for the proposed with these requirements by conducting Number: CMS–R–266 (OMB control information collection should be sent program audits that focus on high-risk number: 0938–0746); Frequency: Yearly; within 30 days of publication of this areas that have the greatest potential for Affected Public: State, Local, or Tribal notice to www.reginfo.gov/public/do/ beneficiary harm. As such, CMS has Governments; Number of Respondents: PRAMain. Find this particular developed the following audit protocols 51; Total Annual Responses: 51; Total information collection by selecting for use by Sponsoring organizations to Annual Hours: 2,142. (For policy ‘‘Currently under 30-day Review—Open prepare for their audit: questions regarding this collection for Public Comments’’ or by using the • Compliance Program Effectiveness contact Rich Cuno at 410–786–1111.) search function. (CPE) • Dated: May 29, 2020. To obtain copies of a supporting Part D Formulary and Benefit statement and any related forms for the Administration (FA) William N. Parham, III, proposed collection(s) summarized in • Part D Coverage Determinations, Director, Paperwork Reduction Staff, Office this notice, you may make your request Appeals, and Grievances (CDAG) of Strategic Operations and Regulatory • Part C Organization Determinations, Affairs. using one of following: 1. Access CMS’ website address at Appeals, and Grievances (ODAG) [FR Doc. 2020–12005 Filed 6–3–20; 8:45 am] https://www.cms.gov/Regulations-and- • Special Needs Plans Care BILLING CODE 4120–01–P Guidance/Legislation/Paperwork Coordination (SNPCC) ReductionActof1995/PRA-Listing.html. CMS generally conducts program 2. Email your request, including your audits at the parent organization level in DEPARTMENT OF HEALTH AND address, phone number, OMB number, an effort to reduce burden and, for HUMAN SERVICES and CMS document identifier, to routine audits, subjects each Sponsoring [email protected]. organization to all applicable program Centers for Medicare & Medicaid 3. Call the Reports Clearance Office at Services area protocols. For example, if a (410) 786–1326. Sponsoring organization does not offer a FOR FURTHER INFORMATION CONTACT: special needs plan, or an accrediting [Document Identifier CMS–10717, CMS– William Parham at (410) 786–4669. organization has deemed a special needs 10468 and CMS–R–267] SUPPLEMENTARY INFORMATION: Under the plan compliant with CMS regulations Agency Information Collection Paperwork Reduction Act of 1995 (PRA) and standards, CMS would not apply Activities: Submission for OMB (44 U.S.C. 3501–3520), federal agencies the SNPCC protocol. Likewise, CMS Review; Comment Request must obtain approval from the Office of would not apply the ODAG audit Management and Budget (OMB) for each protocol to an organization that offers AGENCY: Centers for Medicare & collection of information they conduct only a standalone prescription drug Medicaid Services, HHS. or sponsor. The term ‘‘collection of plan since that organization does not information’’ is defined in 44 U.S.C. offer the MA benefit. Conversely, ad hoc ACTION: Notice. 3502(3) and 5 CFR 1320.3(c) and audits resulting from referral may be includes agency requests or limited in scope and, therefore, all SUMMARY: The Centers for Medicare & requirements that members of the public program area protocols may not be Medicaid Services (CMS) is announcing submit reports, keep records, or provide applied. an opportunity for the public to information to a third party. Section In addition, as part of the robust comment on CMS’ intention to collect 3506(c)(2)(A) of the PRA (44 U.S.C. program audit process, CMS also information from the public. Under the 3506(c)(2)(A)) requires federal agencies requires sponsoring organizations that Paperwork Reduction Act of 1995 to publish a 30-day notice in the have undergone a program audit and (PRA), federal agencies are required to Federal Register concerning each found to have deficiencies to undergo a publish notice in the Federal Register proposed collection of information, validation audit to ensure correction. concerning each proposed collection of including each proposed extension or The validation audit uses the same audit information, including each proposed reinstatement of an existing collection protocols, but only tests the elements extension or reinstatement of an existing of information, before submitting the where deficiencies were found as collection of information, and to allow collection to OMB for approval. To opposed to re-administering the entire a second opportunity for public comply with this requirement, CMS is audit. Finally, CMS conducts annual comment on the notice. Interested publishing this notice that summarizes industry-wide timeliness monitoring of persons are invited to send comments the following proposed collection(s) of all Part C organizations by using a regarding the burden estimate or any information for public comment: subset of the ODAG protocol. However, other aspect of this collection of 1. Type of Information Collection Sponsoring organizations that information, including the necessity and Request: New Collection; Title of successfully submitted all of their Part utility of the proposed information Information Collection: Medicare Part C C data in response to a program audit collection for the proper performance of and Part D Program Audit and Industry- in the prior year are excluded from the agency’s functions, the accuracy of Wide Part C Timeliness Monitoring submitting new data for the timeliness the estimated burden, ways to enhance Project (TMP) Protocols; Use: Under the monitoring effort in the year following the quality, utility, and clarity of the Medicare Prescription Drug, their program audit. information to be collected, and the use Improvement, and Modernization Act of The information gathered during this of automated collection techniques or 2003 and implementing regulations at program audit will be used by the other forms of information technology to 42 CFR parts 422 and 423, Medicare Medicare Parts C and D Oversight and minimize the information collection Part D plan sponsors and Medicare Enforcement Group (MOEG) within the burden. Advantage organizations are required to Center for Medicare (CM) and CMS

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Regional Offices to assess Sponsoring OMB approval of the information the organizations. Information supplied organizations’ compliance with collection requirements associated with by Medicare beneficiaries is used to Medicare program requirements. If selected provisions in 45 CFR parts 155, determine eligibility to enroll in the outliers or other data anomalies are 156 and 157. Form Number: CMS– M+C organization and to determine detected, MOEG requires audited 10468 (OMB control number: 0938– proper payment to the organization that organizations to provide impact 1207); Frequency: Annually; Affected enrolled the beneficiary. Separate OMB analyses to better understand and report Public: Individuals, Households and approval was sought for each form as the scope of the noncompliance. These Private Sector; Number of Respondents: required. MA and Part D organizations then 1,522; Total Annual Responses: 9,533; The information collection request receive their audit results, are required Total Annual Hours: 103,710. (For also incorporates the new minimum to implement corrective actions, and to policy questions regarding this criteria for dual eligible special needs demonstrate correction of all conditions collection contact Anne Pesto at 410– plans (D–SNPs) to integrate Medicare cited in the final audit report by 786–3492.) and Medicaid benefits detailed in undergoing a validation audit. If the 3. Type of Information Collection Section 50311(b) of the Bipartisan validation audit demonstrates Request: Revision with change of a Budget Act of 2018 and set forth in in substantial correction of the conditions, currently approved collection; Title of Final rule (CMS–4185–F, RIN 0938– MOEG will communicate its decision to Information Collection: Medicare Plus AT59) for CY2020 and 2021. The close the audit in a letter to the MA and Choice Program Requirements integration requirements improve care Part D organization. Any new or isolated Referenced in 42 CFR 422.000–422.700; coordination, quality of care, and issues of non-compliance that remain Use: The information collection beneficiary satisfaction while reducing will be referred to the CMS Account requirements are mandated by 42 CFR administrative burden. Form Number: Manager for follow-up. Regional Offices part 422. Section 4001 of the Balanced CMS–R–267 (OMB control number: will work in collaboration with MOEG Budget Act of 1997 (BBA) added 0938–0753); Frequency: Yearly; Affected and other divisions within CMS for sections 1851 through 1859 to the Social Public: State, Local, or Tribal resolution. Form Number: CMS–10717 Security Act to establish the Managed Governments; Number of Respondents: (OMB control number: 0938-New); Care program. The Medicare, Medicaid, 6,727,508; Total Annual Responses: Frequency: Yearly; Affected Public: and SCHIP Benefits Improvement Act 6,750,814; Total Annual Hours: Private Sector, Business or other for- and Protection Act of 2000, Public Law 1,848,180. (For policy questions profits, Not-for-profits institutions; 106–554 added requirements to the regarding this collection contact Marna Number of Respondents: 190; Total Managed Care program. The Medicare Metcalf Akbar at 410–786–8251.) Annual Responses: 179; Total Annual Prescription Drug, Improvement, and Modernization Act of 2003 (Pub. L. 108– Dated: May 29, 2020. Hours: 36,082. (For policy questions William N. Parham, III, regarding this collection contact Kellie 173) created the Medicare Advantage Director, Paperwork Reduction Staff, Office Simons at 410–786–0886.) program. A major goal of the Medicare of Strategic Operations and Regulatory 2. Type of Information Collection Advantage program is to provide ease of Affairs. Request: Extension without change of a access for Original Medicare [FR Doc. 2020–12002 Filed 6–3–20; 8:45 am] currently approved collection; Title of beneficiaries who wish to enroll in a BILLING CODE 4120–01–P Information Collection: Essential Health Medicare Advantage program. Certain Benefits in Alternative Benefit Plans, populations of beneficiaries such as the Eligibility Notices, Fair Hearing and dually eligible population (those DEPARTMENT OF HEALTH AND Appeal Processes, and Premiums and beneficiaries enrolled in both Medicaid HUMAN SERVICES Cost Sharing; Exchanges: Eligibility and and Medicare) have grown since the Enrollment; Use: The Exchanges, which program was created and these Administration for Children and became operational on January 1, 2014, populations require more flexibilities. Families enhanced competition in the health MA organizations (formerly M+C Privacy Act of 1974; Matching Program insurance market, expanded access to organizations) and potential MA affordable health insurance for millions organizations (applicants) use the AGENCY: Administration for Children of Americans, and provided consumers information collected based on the and Families, Department of Health and with a place to easily compare and shop regulations at 42 CFR part 422 to Human Services. for health insurance coverage. The comply with the application ACTION: Notice of a new matching reporting requirements and data requirements and the MA contract program. collection in Medicaid, Children’s requirements. CMS uses the information Health Insurance Programs, and collected based on the regulations at 42 SUMMARY: In accordance with the Exchanges: Essential Health Benefits in CFR part 422 to approve contract Privacy Act of 1974, as amended, the Alternative Benefit Plans, Eligibility applications, monitor compliance with Department of Health and Human Notices, Fair Hearing and Appeal contract requirements, make proper Services (HHS), Administration for Processes, and Premiums and Cost payment to MA organizations, Children and Families (ACF), Office of Sharing; Exchanges: Eligibility and determine compliance with the new Planning, Research and Evaluation Enrollment (CMS–2334–F) address: (1) prescription drug benefit requirements (OPRE), is providing notice of a re- Standards related to notices, (2) established by the MMA, and to ensure established matching program between procedures for the verification of that correct information is disclosed to the Department of Veterans Affairs (VA) enrollment in an eligible employer- Medicare beneficiaries, both potential and State Public Assistance Agencies sponsored plan and eligibility for enrollees and enrollees. (SPAAs) participating in the Public qualifying coverage in an eligible Information supplied by organizations Assistance Reporting Information employer-sponsored plan; and (3) other is used to determine eligibility for System (PARIS) Program. The matching eligibility and enrollment provisions to contracting with CMS, for determining program provides the SPAAs with VA provide detail necessary for state compliance with contract requirements, compensation and pension data on a implementation. The submission seeks and for calculating proper payment to periodic basis to use in determining

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public assistance applicants’ and 3. Publish advance notice of the Categories of Records recipients’ eligibility for certain public matching program in the Federal The categories of records used in the assistance benefits. HHS/ACF/OPRE Register. 5 U.S.C. 552a(e)(12). matching program are identifying facilitates the matching program, and 4. Make the Computer Matching information and compensation and the Department of Defense (DoD), Agreement available to the public. 5 pension data. Defense Manpower Data Center (DMDC) U.S.C. 552a(o)(2)(A)(ii). On an approximately quarterly basis, conducts the matches of SPAA and VA 5. Notify the individuals whose VA will provide DoD/DMDC with a file data and provides associated support. information will be used in the containing VA benefit record data about DATES: The deadline for comments on matching program that the information all individual VA benefit and this notice is July 6, 2020. The re- they provide is subject to verification compensation recipients, and each established matching program will through matching, as required by 5 SPAA will provide DoD/DMDC with a commence not sooner than 30 days after U.S.C. 552a(o)(1)(D). non-federal file containing identifying publication of this notice, provided no 6. Verify match findings before information, including Social Security comments are received that warrant a suspending, terminating, reducing, or Numbers (SSNs) about public assistance change to this notice. The matching making a final denial of an individual’s clients. DoD/DMDC will compare the program will be conducted for an initial benefits or payments or taking other SSNs in each SPAA file to the VA file term of 18 months (from approximately adverse action against the individual, as and will provide the SPAA with match August 30, 2020, through February 28, required by 5 U.S.C. 552a(p). results containing the following data 2022) and within 3 months of expiration 7. Provide an annual report of the elements (as applicable) about each may be renewed for 1 additional year if matching program activities to Congress public assistance client whose SSN the parties make no change to the and OMB, and make the report available matches the SSN of an individual matching program and certify that the to the public. 5 U.S.C. 552a(u)(3)(D). receiving VA compensation or pension program has been conducted in benefits: compliance with the matching This matching program meets these requirements. VA File Number; Veteran/Beneficiary/ agreement. Apportionee SSN and SSN Verification ADDRESSES: Interested parties may Naomi Goldstein, Indicator; Payee Type Code; Award submit written comments on this notice, Deputy Assistant Secretary for Planning, Type, Award Line Type, and Award by mail or email, to the PARIS Project Research and Evaluation, ACF. Status Codes; Gender Code; Last Name/ Officer, Division of Data and Participating Agencies First Name/Middle Name; Beneficiary Improvement, HHS/ACF Office of Birth Date; Veteran/Spouse Aid and Planning, Research and Evaluation, 330 VA is the source agency, and SPAAs Attendance Code; Station Number; C Street SW, Washington, DC 20024, are non-federal agencies. Spouse; Minor Child; School Child; [email protected]. Authority for Conducting the Matching Helpless Child; Parent; Combined FOR FURTHER INFORMATION CONTACT: Program Degree; Entitlement Type Code; Change General questions about the matching Reason; Suspense Reason; Last Paid program may be submitted to Joshua Sections 402, 1137, and 1903(r) of the Date; Effective Date; Gross Amount; Net Williams, PARIS Project Officer, Social Security Act (42 U.S.C. secs. Award Amount; Payment Amount; Division of Data and Improvement, 602(a), 1320b–7, and 1396b(r)). Frequency Pay Type Code; Income for HHS/ACF Office of Planning, Research Purpose(s) VA Purposes Amount; Beneficiary/ and Evaluation, 330 C Street SW, Spouse Annual Amounts (for Wages, Washington, DC 20024, paris@ The matching program will provide Insurance, Interest, Social Security, acf.hhs.gov. participating SPAAs with VA Civil Service Retirement, Military, compensation and pension data on a SUPPLEMENTARY INFORMATION: The Railroad Retirement Board, Black Lung, periodic basis to use in determining Privacy Act of 1974, as amended (5 and Rest); Beneficiary/Spouse Rest of public assistance applicants’ and U.S.C. 552a), provides certain Exclusion Amount; Medical Expense/ recipients’ eligibility for benefits under protections for individuals applying for Education Expense/Last Expense/ Medicaid, Temporary Assistance for and receiving federal benefits. The law Hardship Amounts; Receivable/ governs the use of computer matching Needy Families (TANF), Supplemental Receivable Amount; Monthly by federal agencies when records in a Nutrition Assistance Program (SNAP), Deductions/Deduction Amount; system of records (meaning, federal and general assistance programs, and to Proceeds/Proceeds Amount; Address agency records about individuals use in helping relevant veterans to Type Indicator; Address Name/ retrieved by name or other personal better understand similar benefits Fiduciary; Address Fiduciary Type; identifier) are matched with records of available through the VA, which may be Address Name Beneficiary; Corporate other federal or non-federal agencies. better alternatives. The matching Format Address (Address Lines One, The Privacy Act requires agencies program helps ensure fair and equitable Two, and Three, City Name, State involved in a matching program to: treatment in the delivery of benefits Name, ZIP Code Prefix and Suffix, 1. Obtain approval of a Computer attributable to funds provided by the Country Type Name, Foreign Postal Matching Agreement, prepared in Federal Government. Code, Province Name, Territory Name, accordance with the Privacy Act, by the Categories of Individuals Military Postal Type, Military Post Data Integrity Board of each federal Office); and Benefits Delivery Network agency that is a source or recipient of The categories of individuals involved Treasury Address and ZIP Code Prefix. data used in the matching program. 5 in the matching program are: System(s) of Records U.S.C. 522a(o)(1), (u)(3)(A), and (u)(4). • Individuals applying for, or 2. Provide adequate advance notice of receiving, Medicaid, TANF, SNAP, and/ The VA data used in this matching the matching program, including a copy or general assistance benefits (public program will be disclosed from the of the agreement, to Congress and the assistance clients); and following system of records, as Office of Management and Budget • Individuals receiving VA pay or authorized by routine use 35: (OMB). 5 U.S.C. 552a(o)(2)(A)(i) and (r). pension benefits. ‘‘Compensation, Pension, Education,

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and Vocational Rehabilitation and as a manufacturing process. Please note except in accordance with 21 CFR 10.20 Employment Records—VA (58VA21/22/ that if you include your name, contact and other applicable disclosure law. For 28),’’ 84 FR 4138 (Feb. 14, 2019). information, or other information that more information about FDA’s posting [FR Doc. 2020–11996 Filed 6–3–20; 8:45 am] identifies you in the body of your of comments to public dockets, see 80 BILLING CODE 4184–01–P comments, that information will be FR 56469, September 18, 2015, or access posted on https://www.regulations.gov. the information at: https:// • If you want to submit a comment www.govinfo.gov/content/pkg/FR-2015- DEPARTMENT OF HEALTH AND with confidential information that you 09-18/pdf/2015-23389.pdf. HUMAN SERVICES do not wish to be made available to the Docket: For access to the docket to public, submit the comment as a read background documents or the Food and Drug Administration written/paper submission and in the electronic and written/paper comments [Docket No. FDA–2007–D–0369] manner detailed (see ‘‘Written/Paper received, go to https:// Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the Product-Specific Guidances; Draft and Written/Paper Submissions docket number, found in brackets in the Revised Draft Guidances for Industry; heading of this document, into the Availability Submit written/paper submissions as ‘‘Search’’ box and follow the prompts follows: and/or go to the Dockets Management AGENCY: Food and Drug Administration, • Mail/Hand Delivery/Courier (for Staff, 5630 Fishers Lane, Rm. 1061, HHS. written/paper submissions): Dockets Rockville, MD 20852. ACTION: Notice of availability. Management Staff (HFA–305), Food and You may submit comments on any Drug Administration, 5630 Fishers SUMMARY: guidance at any time (see 21 CFR The Food and Drug Lane, Rm. 1061, Rockville, MD 20852. Administration (FDA or Agency) is • For written/paper comments 10.115(g)(5)). Submit written requests for single announcing the availability of submitted to the Dockets Management additional draft and revised draft Staff, FDA will post your comment, as copies of the draft guidances to the product-specific guidances. The well as any attachments, except for Division of Drug Information, Center for guidances provide product-specific information submitted, marked and Drug Evaluation and Research, Food recommendations on, among other identified, as confidential, if submitted and Drug Administration, 10001 New things, the design of bioequivalence as detailed in ‘‘Instructions.’’ Hampshire Ave., Hillandale Building, (BE) studies to support abbreviated new Instructions: All submissions received 4th Floor, Silver Spring, MD 20993– drug applications (ANDAs). In the must include the Docket No. FDA– 0002. Send one self-addressed adhesive Federal Register of June 11, 2010, FDA 2007–D–0369 for ‘‘Product-Specific label to assist that office in processing announced the availability of a guidance Guidances; Draft and Revised Draft your requests. See the SUPPLEMENTARY for industry entitled ‘‘Bioequivalence Guidances for Industry.’’ Received INFORMATION section for electronic Recommendations for Specific comments will be placed in the docket access to the draft guidance documents. Products’’ that explained the process and, except for those submitted as FOR FURTHER INFORMATION CONTACT: that would be used to make product- ‘‘Confidential Submissions,’’ publicly Mara Miller, Center for Drug Evaluation specific guidances available to the viewable at https://www.regulations.gov and Research, Food and Drug public on FDA’s website. The guidances or at the Dockets Management Staff Administration, 10903 New Hampshire identified in this notice were developed between 9 a.m. and 4 p.m., Monday Ave., Bldg. 75, Rm. 4709C, Silver using the process described in that through Friday. Spring, MD 20993–0002, 301–796–0683. guidance. • Confidential Submissions—To SUPPLEMENTARY INFORMATION: DATES: Submit either electronic or submit a comment with confidential I. Background written comments on the draft guidance information that you do not wish to be by August 3, 2020 to ensure that the made publicly available, submit your In the Federal Register of June 11, Agency considers your comment on this comments only as a written/paper 2010 (75 FR 33311), FDA announced the draft guidance before it begins work on submission. You should submit two availability of a guidance for industry the final version of the guidance. copies total. One copy will include the entitled ‘‘Bioequivalence ADDRESSES: You may submit comments information you claim to be confidential Recommendations for Specific on any guidance at any time as follows: with a heading or cover note that states Products’’ that explained the process ‘‘THIS DOCUMENT CONTAINS that would be used to make product- Electronic Submissions CONFIDENTIAL INFORMATION.’’ The specific guidances available to the Submit electronic comments in the Agency will review this copy, including public on FDA’s website at https:// following way: the claimed confidential information, in www.fda.gov/Drugs/Guidance • Federal eRulemaking Portal: its consideration of comments. The ComplianceRegulatoryInformation/ https://www.regulations.gov. Follow the second copy, which will have the Guidances/default.htm. instructions for submitting comments. claimed confidential information As described in that guidance, FDA Comments submitted electronically, redacted/blacked out, will be available adopted this process as a means to including attachments, to https:// for public viewing and posted on develop and disseminate product- www.regulations.gov will be posted to https://www.regulations.gov. Submit specific guidances and provide a the docket unchanged. Because your both copies to the Dockets Management meaningful opportunity for the public to comment will be made public, you are Staff. If you do not wish your name and consider and comment on those solely responsible for ensuring that your contact information to be made publicly guidances. Under that process, draft comment does not include any available, you can provide this guidances are posted on FDA’s website confidential information that you or a information on the cover sheet and not and announced periodically in the third party may not wish to be posted, in the body of your comments and you Federal Register. The public is such as medical information, your or must identify this information as encouraged to submit comments on anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked those recommendations within 60 days confidential business information, such as ‘‘confidential’’ will not be disclosed of their announcement in the Federal

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Register. FDA considers any comments TABLE 2—REVISED DRAFT PRODUCT- DEPARTMENT OF HEALTH AND received and either publishes final SPECIFIC GUIDANCES FOR DRUG HUMAN SERVICES guidances or publishes revised draft PRODUCTS—Continued guidances for comment. Guidances were Health Resources and Services last announced in the Federal Register Active ingredient(s) Administration on March 3, 2020. This notice announces draft product-specific Clindamycin phosphate (multiple referenced Agency Information Collection guidances, either new or revised, that listed drugs). Activities: Proposed Collection: Public are posted on FDA’s website. Clindamycin phosphate; Tretinoin (multiple Comment Request; Information referenced listed drugs). Collection Request Title: Substance II. Drug Products for Which New Draft Dapagliflozin. Use Disorder Treatment and Recovery Product-Specific Guidances Are Dapagliflozin; Saxagliptin hydrochloride. Loan Repayment Program, OMB No. Available Desvenlafaxine. 0906—xxxx—New FDA is announcing the availability of Desvenlafaxine fumarate. AGENCY: Health Resources and Services new draft product-specific guidances for Desvenlafaxine succinate. Administration (HRSA), Department of industry for drug products containing Dihydroergotamine mesylate. Health and Human Services (HHS). the following active ingredients: Diltiazem hydrochloride (multiple referenced listed drugs). ACTION: Notice. TABLE 1—NEW DRAFT PRODUCT-SPE- Everolimus. SUMMARY: In compliance with the CIFIC GUIDANCES FOR DRUG PROD- Ferric citrate. Fluticasone furoate. requirement for opportunity for public UCTS Fluticasone propionate. comment on proposed data collection projects of the Paperwork Reduction Act Active ingredient(s) Fluticasone propionate; Salmeterol xinafoate. Methylphenidate hydrochloride (multiple ref- of 1995, HRSA announces plans to Abiraterone acetate. erenced listed drugs). submit an Information Collection Amoxicillin. Metoprolol tartrate. Request (ICR), described below, to the Aprepitant. Metronidazole. Office of Management and Budget Brexanolone. Mometasone furoate. (OMB). Prior to submitting the ICR to Buprenorphine. Tretinoin (multiple referenced listed drugs). OMB, HRSA seeks comments from the Desvenlafaxine. Triamcinolone acetonide. public regarding the burden estimate, Dolutegravir sodium; Lamivudine. Efavirenz; Lamivudine; Tenofovir disoproxil below, or any other aspect of the ICR. fumarate. For a complete history of previously DATES: Comments on this ICR should be Estradiol. published Federal Register notices received no later than August 3, 2020. Fish oil triglycerides. related to product-specific guidances, go ADDRESSES: Submit your comments to Fluorometholone. to https://www.regulations.gov and Gilteritinib fumarate. [email protected] or mail the HRSA Glycopyrrolate; Indacaterol maleate. enter Docket No. FDA–2007–D–0369. Information Collection Clearance Ivosidenib. These draft guidances are being Officer, Room 14N136B, 5600 Fishers Latanoprost. issued consistent with FDA’s good Lane, Rockville, Maryland 20857. Metformin hydrochloride. guidance practices regulation (21 CFR FOR FURTHER INFORMATION CONTACT: To Methylphenidate hydrochloride (multiple ref- request more information on the erence listed drugs). 10.115). These draft guidances, when Metronidazole. finalized, will represent the current proposed project or to obtain a copy of Prucalopride succinate. thinking of FDA on, among other things, the data collection plans and draft Revefenacin. the product-specific design of BE instruments, email [email protected] Sodium zirconium cyclosilicate. studies to support ANDAs. They do not or call Lisa Wright-Solomon, the HRSA Tafenoquine succinate. establish any rights for any person and Information Collection Clearance Officer Talazoparib tosylate. at (301) 443–1984. Tretinoin. are not binding on FDA or the public. Triclabendazole. You can use an alternative approach if SUPPLEMENTARY INFORMATION: When it satisfies the requirements of the submitting comments or requesting III. Drug Products for Which Revised applicable statutes and regulations. information, please include the ICR title Draft Product-Specific Guidances are for reference. IV. Electronic Access Available Information Collection Request Title: Substance Use Disorder Treatment and FDA is announcing the availability of Persons with access to the internet Recovery Loan Repayment Program, revised draft product-specific guidances may obtain the draft guidances at either OMB No. 0906—xxxx—New. for industry for drug products https://www.fda.gov/Drugs/Guidance Abstract: The Further Consolidated containing the following active ComplianceRegulatoryInformation/ Appropriations Act, 2020 included no ingredients: Guidances/default.htm or https:// less than $12,000,000 for HRSA’s www.regulations.gov. Bureau of Health Workforce to establish TABLE 2—REVISED DRAFT PRODUCT- Dated: June 1, 2020. the Loan Repayment Program for SPECIFIC GUIDANCES FOR DRUG Lowell J. Schiller, Substance Use Disorder (SUD) PRODUCTS Treatment Workforce. This funding will Principal Associate Commissioner for Policy. allow HRSA to provide the repayment Active ingredient(s) [FR Doc. 2020–12100 Filed 6–3–20; 8:45 am] of education loans for individuals BILLING CODE 4164–01–P Albendazole. working in either a full-time SUD Azelastine hydrochloride; Fluticasone propio- treatment job that involves direct nate. patient care in a Health Professional Buprenorphine. Shortage Area (HPSA) designated for Carglumic acid. Mental Health or a county where the

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average drug overdose death rate and approval. The application requests needed to determine the applicant’s exceeds the national average. will contain supporting information on eligibility to participate in the STAR The program expands the types of the clinical service site, recruitment LRP. In addition, applicants must disciplines eligible to include but not contact and services provided. provide information regarding the loans limited to behavioral health Assistance in completing this for which repayment is being requested. paraprofessionals, occupational application may be obtained through the Likely Respondents: Licensed primary therapists and bachelor trained appropriate HRSA personnel. HRSA care medical, mental and behavioral counselors. The program also expands will use the information collected on health providers, and other the treatment facilities, to include but the applications to determine eligibility paraprofessionals who are employed or not limited to inpatient psychiatric of the facility for the assignment of seeking employment, and are interested facilities, recovery centers, detox health professionals and to verify the in serving underserved populations; facilities, emergency department and need for clinicians. The STAR LRP health care facilities interested in local community jails and detention service site approval will undergo a centers. HHS agrees to repay the recertification after no more than 5 years participating in the STAR LRP, and qualifying educational loans up to to ensure SUD services are being becoming an approved service site; $250,000.00 in return for 6 years of rendered and the desired population is STAR LRP sites providing behavioral service obligation. The forms utilized by receiving care. health care services directly, or through the Substance Use Disorder Treatment Despite the similarity in the titles, the a formal affiliation with a and Recovery (STAR) Loan Repayment STAR LRP is not the existing NHSC comprehensive community-based Program (LRP) include the following: SUD LRP (OMB #0915–0127), which is primary behavioral health setting, The STAR LRP Application, the authorized under Title III of the Public facility providing comprehensive Authorization for Disclosure of Loan Health Service Act. The STAR LRP is a behavioral health services, or various Information form, and the Privacy Act newly authorized Title VII program that substance abuse treatment facility sub- Release Authorization form, if has different service requirements, loan types. applicable. The aforementioned forms repayment protocols, and authorized Burden Statement: Burden in this collect information that is needed for employment facilities. context means the time expended by selecting participants and repaying Need and Proposed Use of the persons to generate, maintain, retain, qualifying educational loans. Information: The need and purpose of disclose, or provide the information Eligible facilities for the STAR LRP this information collection is to obtain requested. This includes the time are facilities that provide in-patient and information that is used to assess an needed to review instructions; to outpatient, ambulatory, primary and STAR LRP applicant’s eligibility and develop, acquire, install, and utilize mental/behavioral health care services qualifications for the program, and to technology and systems for the purpose to populations residing in mental health obtain information for eligible site of collecting, validating, and verifying HPSA or a county where the average applicants. Clinicians interested in information, processing and drug overdose death rate exceeds the participating in the STAR LRP must maintaining information, and disclosing national average. The facilities that may submit an application to the program in and providing information; to train provide related in-patient services may order to participate, and health care personnel and to be able to respond to include, but are not limited to CMS- facilities located in any HPSAs with a collection of information; to search approved Critical Access Hospitals, high overdose rate and MHPSs must data sources; to complete and review Indian Health Service facilities, submit a Site Application to determine the collection of information; and to inpatient rehabilitation centers and the eligibility of sites to participate in transmit or otherwise disclose the psychiatric facilities. HRSA will recruit the STAR LRP. The STAR LRP information. The total annual burden facilities for approval. New facilities application asks for personal, hours estimated for this ICR are must submit an application for review professional and financial information summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

STAR LRP Application ...... 300 1 300 .50 150 Authorization for Disclosure of Loan Information Form ...... 300 1 300 .50 150 Privacy Act Release Authorization Form ...... 300 1 300 .50 150 Site Application ...... 400 1 400 1 400

Total ...... 1,600 ...... 1,600 ...... 1000

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HRSA specifically requests comments Paperwork Reduction Act (44 U.S.C. SSATS. I–BHS is also the facility on (1) the necessity and utility of the Chapter 35). To request a copy of these universe for the annual survey of mental proposed information collection for the documents, call the SAMHSA Reports health treatment facilities, the National proper performance of the agency’s Clearance Officer on (240) 276–0361. Mental Health Services Survey (N– functions, (2) the accuracy of the MHSS). I–BHS includes all substance Project: National Survey of Substance estimated burden, (3) ways to enhance abuse treatment and mental health Abuse Treatment Services (N–SSATS) the quality, utility, and clarity of the treatment facilities known to SAMHSA. (OMB No. 0930–0106)—Extension information to be collected, and (4) the (The N–MHSS data collection is covered use of automated collection techniques The Substance Abuse and Mental under OMB No. 0930–0119.) or other forms of information Health Services Administration The information in I–BHS and N– technology to minimize the information (SAMHSA) is requesting an extension of SSATS is needed to assess the nature collection burden. the National Survey of Substance Abuse and extent of these resources, to identify Treatment (N–SSATS) data collection gaps in services, and to provide a Maria G. Button, (OMB No. 0930–0106), which expires Director, Executive Secretariat. database for treatment referrals. Both I– on September 30, 2020. N–SSATS BHS and N–SSATS are components of [FR Doc. 2020–12040 Filed 6–3–20; 8:45 am] provides both national and state-level the Behavioral Health Services BILLING CODE 4165–15–P data on the numbers and types of Information System (BHSIS). patients treated and the characteristics of facilities providing substance abuse The request for OMB approval will DEPARTMENT OF HEALTH AND treatment services. It is conducted include a request to update the I–BHS HUMAN SERVICES under the authority of Section 505 of the facility listing on a continuous basis and Public Health Service Act (42 U.S.C. to conduct the N–SSATS and the Substance Abuse and Mental Health 290aa–4) to meet the specific mandates between cycle N–SSATS (N–SSATS BC) Services Administration for annual information about public and in 2021, 2022, and 2023. The N–SSATS BC is a procedure for collecting services Agency Information Collection private substance abuse treatment providers and the clients they serve. data from newly identified facilities Activities: Submission for OMB between main cycles of the survey and Review; Comment Request This request includes: • Collection of N–SSATS, which is an will be used to improve the listing of Periodically, the Substance Abuse and annual survey of substance abuse treatment facilities in the online Mental Health Services Administration treatment facilities; and Behavioral Health Treatment Services (SAMHSA) will publish a summary of • Updating of the Inventory of Locator. information collection requests under Behavioral Health Services (I–BHS) Estimated annual burden for the OMB review, in compliance with the which is the facility universe for the N– BHSIS activities is shown below:

Responses Type of respondent and activity Number of per Total Hours per Total burden respondents respondent responses response hours

States: I–BHS Online 1 ...... 56 75 4,200 0.08 336

State Subtotal...... 56 ...... 4,200 ...... 336 Facilities: I–BHS application 2 ...... 800 1 800 0.08 64 Augmentation screener ...... 1,300 1 1,300 0.08 104 N–SSATS questionnaire ...... 17,000 1 17,000 0.67 11,333 N–SSATS BC ...... 1,000 1 1,000 0.58 580

Facility Subtotal ...... 20,100 20,100 12,081

Total ...... 20,156 ...... 24,300 ...... 12,417 1 States use the I–BHS Online system to submit information on newly licensed/approved facilities and on changes in facility name, address, status, etc. 2 New facilities complete and submit the online I–BHS application form in order to get listed on the Inventory.

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Written comments and (This is not a toll-free number; (3) Enhance the quality, utility, and recommendations for the proposed comments are not accepted via clarity of the information to be information collection should be sent telephone message.). Please note contact collected; and within 30 days of publication of this information provided here is solely for (4) Minimize the burden of the notice to www.reginfo.gov/public/do/ questions regarding this notice. It is not collection of information on those who PRAMain. Find this particular for individual case status inquiries. are to respond, including through the information collection by selecting Applicants seeking information about use of appropriate automated, ‘‘Currently under 30-day Review—Open the status of their individual cases can electronic, mechanical, or other for Public Comments’’ or by using the check Case Status Online, available at technological collection techniques or search function. the USCIS website at http:// other forms of information technology, www.uscis.gov, or call the USCIS Carlos Graham, e.g., permitting electronic submission of Contact Center at (800) 375–5283; TTY responses. Social Science Analyst. (800) 767–1833. [FR Doc. 2020–12031 Filed 6–3–20; 8:45 am] Overview of This Information SUPPLEMENTARY INFORMATION: BILLING CODE 4162–20–P Collection Comments (1) Type of Information Collection Request: Extension, Without Change, of DEPARTMENT OF HOMELAND The information collection notice was a Currently Approved Collection. SECURITY previously published in the Federal Register on March 12, 2020, at 85 FR (2) Title of the Form/Collection: U.S. Citizenship and Immigration 14494, allowing for a 60-day public National Interest Waivers; Supplemental Services comment period. USCIS did not receive Evidence to I–140 and I–485. any comments in connection with the [OMB Control Number 1615–0063] (3) Agency form number, if any, and 60-day notice. the applicable component of the DHS Agency Information Collection You may access the information sponsoring the collection: No Agency Activities; Extension, Without Change, collection instrument with instructions, Form Number; USCIS. or additional information by visiting the of a Currently Approved Collection: (4) Affected public who will be asked Federal eRulemaking Portal site at: National Interest Waivers; or required to respond, as well as a brief http://www.regulations.gov and enter Supplemental Evidence to I–140 and I– abstract: Primary: Individuals or USCIS–2008–0003 in the search box. 485 households. The supplemental The comments submitted to USCIS via documentation will be used by the U.S. AGENCY: this method are visible to the Office of U.S. Citizenship and Citizenship and Immigration Services to Management and Budget and comply Immigration Services, Department of determine eligibility for national with the requirements of 5 CFR Homeland Security. interest waiver requests and to finalize 1320.12(c). All submissions will be ACTION: 30-Day notice. the request for adjustment to lawful posted, without change, to the Federal permanent resident status. SUMMARY: The Department of Homeland eRulemaking Portal at http:// Security (DHS), U.S. Citizenship and www.regulations.gov, and will include (5) An estimate of the total number of Immigration Services (USCIS) will be any personal information you provide. respondents and the amount of time submitting the following information Therefore, submitting this information estimated for an average respondent to collection request to the Office of makes it public. You may wish to respond: The estimated total number of Management and Budget (OMB) for consider limiting the amount of respondents for the information review and clearance in accordance personal information that you provide collection is 8,000 who will respond an with the Paperwork Reduction Act of in any voluntary submission you make average of 2 times a year and the 1995. The purpose of this notice is to to DHS. DHS may withhold information estimated hour burden per response is allow an additional 30 days for public provided in comments from public 1 hour. comments. viewing that it determines may impact (6) An estimate of the total public DATES: Comments are encouraged and the privacy of an individual or is burden (in hours) associated with the will be accepted until July 6, 2020. offensive. For additional information, collection: The total estimated annual please read the Privacy Act notice that hour burden associated with this ADDRESSES: Written comments and/or is available via the link in the footer of collection is 16,000 hours. suggestions regarding the item(s) http://www.regulations.gov. contained in this notice, especially (7) An estimate of the total public regarding the estimated public burden Written comments and suggestions burden (in cost) associated with the and associated response time, must be from the public and affected agencies collection: The estimated total annual submitted via the Federal eRulemaking should address one or more of the cost burden associated with this Portal website at http:// following four points: collection of information is $0. Any cost www.regulations.gov under e-Docket ID (1) Evaluate whether the proposed associated with this collection of number USCIS–2008–0003. All collection of information is necessary information are capture under OMB submissions received must include the for the proper performance of the Control Number 1615–0023. OMB Control Number 1615–0063 in the functions of the agency, including Dated: May 29, 2020. body of the letter, the agency name and whether the information will have Samantha L Deshommes, Docket ID USCIS–2008–0003. practical utility; Chief, Regulatory Coordination Division, FOR FURTHER INFORMATION CONTACT: (2) Evaluate the accuracy of the Office of Policy and Strategy, U.S. Citizenship USCIS, Office of Policy and Strategy, agency’s estimate of the burden of the and Immigration Services, Department of Regulatory Coordination Division, proposed collection of information, Homeland Security. Samantha Deshommes, Chief, including the validity of the [FR Doc. 2020–12012 Filed 6–3–20; 8:45 am] Telephone number (202) 272–8377 methodology and assumptions used; BILLING CODE 9111–97–P

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DEPARTMENT OF HOMELAND comment period. USCIS did receive one sponsoring the collection: I–129F; SECURITY comment in connection with the 60-day USCIS. notice. (4) Affected public who will be asked U.S. Citizenship and Immigration You may access the information or required to respond, as well as a brief Services collection instrument with instructions, abstract: Primary: Individuals or [OMB Control Number 1615–0001] or additional information by visiting the households. To date, through the filing Federal eRulemaking Portal site at: of this form a U.S. citizen may facilitate Agency Information Collection http://www.regulations.gov and enter the entry of his/her spouse or fiance(e) Activities; Extension, Without Change, USCIS–2006–0028 in the search box. into the United States so that a marriage of a Currently Approved Collection: The comments submitted to USCIS via may be concluded within 90 days of Petition for Alien Fiance(e) this method are visible to the Office of entry between the U.S. citizen and the Management and Budget and comply beneficiary of the petition. This form AGENCY: U.S. Citizenship and with the requirements of 5 CFR must be used to cover the provisions of Immigration Services, Department of 1320.12(c). All submissions will be section 1103 of the Legal Immigration Homeland Security. posted, without change, to the Federal Family Equity Act of 2000 which allows ACTION: 30-Day notice. eRulemaking Portal at http:// the spouse or child of a U.S. citizen to www.regulations.gov, and will include enter the U.S. as a nonimmigrant. The SUMMARY: The Department of Homeland any personal information you provide. I–129F is the only existing form, which Security (DHS), U.S. Citizenship and Therefore, submitting this information collects the requisite information so that Immigration Services (USCIS) will be makes it public. You may wish to an adjudicator can make the appropriate submitting the following information consider limiting the amount of decisions. collection request to the Office of personal information that you provide (5) An estimate of the total number of Management and Budget (OMB) for in any voluntary submission you make respondents and the amount of time review and clearance in accordance to DHS. DHS may withhold information estimated for an average respondent to with the Paperwork Reduction Act of provided in comments from public respond: The estimated total number of 1995. The purpose of this notice is to viewing that it determines may impact respondents for the information allow an additional 30 days for public the privacy of an individual or is collection I–129F is 48,400 and the comments. offensive. For additional information, estimated hour burden per response is DATES: Comments are encouraged and please read the Privacy Act notice that 3.25 hours. The estimated total number will be accepted until July 6, 2020. is available via the link in the footer of of respondents for the information ADDRESSES: Written comments and/or http://www.regulations.gov. collection of Biometrics is 48,400 and suggestions regarding the item(s) Written comments and suggestions the estimated hour burden per response contained in this notice, especially from the public and affected agencies is 1.17 hour. regarding the estimated public burden should address one or more of the (6) An estimate of the total public and associated response time, must be following four points: burden (in hours) associated with the submitted via the Federal eRulemaking (1) Evaluate whether the proposed collection: The total estimated annual Portal website at http:// collection of information is necessary hour burden associated with this www.regulations.gov under e-Docket ID for the proper performance of the collection is 213,928 hours. number USCIS–2006–0028. All functions of the agency, including (7) An estimate of the total public submissions received must include the whether the information will have burden (in cost) associated with the OMB Control Number 1615–0001 in the practical utility; collection: The estimated total annual body of the letter, the agency name and (2) Evaluate the accuracy of the cost burden associated with this Docket ID USCIS–2006–0028. agency’s estimate of the burden of the collection of information is $8,300,600. FOR FURTHER INFORMATION CONTACT: proposed collection of information, Dated: May 29, 2020. USCIS, Office of Policy and Strategy, including the validity of the Samantha L Deshommes, Regulatory Coordination Division, methodology and assumptions used; Chief, Regulatory Coordination Division, Samantha Deshommes, Chief, (3) Enhance the quality, utility, and Office of Policy and Strategy, U.S. Citizenship Telephone number (202) 272–8377. clarity of the information to be and Immigration Services, Department of (This is not a toll-free number; collected; and Homeland Security. comments are not accepted via (4) Minimize the burden of the [FR Doc. 2020–12008 Filed 6–3–20; 8:45 am] telephone message.) Please note contact collection of information on those who BILLING CODE 9111–97–P information provided here is solely for are to respond, including through the questions regarding this notice. It is not use of appropriate automated, for individual case status inquiries. electronic, mechanical, or other DEPARTMENT OF HOUSING AND Applicants seeking information about technological collection techniques or URBAN DEVELOPMENT the status of their individual cases can other forms of information technology, check Case Status Online, available at e.g., permitting electronic submission of [Docket No. FR–7029–N–06] the USCIS website at http:// responses. 60-Day Notice of Proposed Information www.uscis.gov, or call the USCIS Collection: 2021 Rental Housing Contact Center at (800) 375–5283; TTY Overview of This Information Finance Survey (800) 767–1833. Collection SUPPLEMENTARY INFORMATION: (1) Type of Information Collection AGENCY: Office of Policy Development Request: Extension, Without Change, of and Research, HUD. Comments a Currently Approved Collection. ACTION: Notice. The information collection notice was (2) Title of the Form/Collection: previously published in the Federal Petition for Alien Fiance(e). SUMMARY: The Department of Housing Register on March 12, 2020, at 85 FR (3) Agency form number, if any, and and Urban Development (HUD) is 14495, allowing for a 60-day public the applicable component of the DHS seeking approval from the Office of

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Management and Budget (OMB) for the The RHFS will collect data on information described in Section A on information collection described below. property values of residential structures, the following: In accordance with the Paperwork characteristics of residential structures, (1) Whether the proposed collection Reduction Act, HUD is requesting rental status and rental value of units of information is necessary for the comment from all interested parties on within the residential structures, proper performance of the functions of the proposed collection of information. commercial use of space within the agency, including whether the The purpose of this notice is to allow for residential structures, property information will have practical utility; 60 days of public comment. management status, ownership status, a (2) The accuracy of the agency’s estimate of the burden of the proposed DATES: Comments Due Date: August 3, detailed assessment of mortgage 2020. financing, and benefits received from collection of information; Federal, state, local, and non- (3) Ways to enhance the quality, ADDRESSES: Interested persons are governmental programs. utility, and clarity of the information to invited to submit comments regarding Many of the questions are the same or be collected; and this proposal. Comments should refer to similar to those found on the 1995 (4) Ways to minimize the burden of the proposal by name and/or OMB Property Owners and Managers Survey, the collection of information on those Control Number and should be sent to: the rental housing portion of the 2001 who are to respond, including through Anna P. Guido, Reports Management Residential Finance Survey, and the use of appropriate automated Officer, QDAM, Department of Housing previous collections of the Rental collection techniques or other forms of and Urban Development, 451 7th Street Housing Finance Survey. This survey information technology, e.g., permitting SW, Room 4176, Washington, DC does not duplicate work done in other electronic submission of responses. 20410–5000; telephone (202) 402–5534 existent HUD surveys or studies that HUD encourages interested parties to (this is not a toll-free number) or email deal with rental units financing. submit comment in response to these at [email protected] for a copy of Policy analysts, program managers, questions. the proposed forms or other available budget analysts, and Congressional staff Authority: Section 3507 of the Paperwork information. Persons with hearing or can use the survey’s results to advise Reduction Act of 1995, 44 U.S.C. Chapter 35. speech impairments may access this executive and legislative branches about number through TTY by calling the toll- The Assistant Secretary for Policy the mortgage finance characteristics of Development and Research, Seth free Federal Relay Service at (800) 877– the rental housing stock in the United 8339. Appleton, having reviewed and States and the suitability of public approved this document, is delegating FOR FURTHER INFORMATION CONTACT: policy initiatives. Academic researchers the authority to electronically sign this Anna P. Guido, Reports Management and private organizations will also document to submitter, Nacheshia Foxx, Officer, QDAM, Department of Housing utilize the data to facilitate their who is the Federal Register Liaison for and Urban Development, 451 7th Street research and projects. HUD, for purposes of publication in the SW, Washington, DC 20410–5000; email The Department of Housing and Federal Register. Anna P. Guido at Anna.P.Guido@ Urban Development (HUD) needs the hud.gov or telephone (202) 402–5535 RHFS data for the following two Dated: June 1, 2020. (this is not a toll-free number). Persons reasons: Nacheshia Foxx, with hearing or speech impairments 1. This is the only source of Federal Liaison for the Department of Housing may access this number through TTY by information on the rental housing and Urban Development. calling the toll-free Federal Relay finance characteristics of rental [FR Doc. 2020–12079 Filed 6–3–20; 8:45 am] Service at (800) 877–8339. Copies of properties. BILLING CODE 4210–67–P available documents submitted to OMB 2. HUD needs this information to gain may be obtained from Ms. Guido. a better understanding of the mortgage finance characteristics of the rental DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: This URBAN DEVELOPMENT notice informs the public that HUD is housing stock in the United States to seeking approval from OMB for the evaluate, monitor, and design HUD [Docket No. FR–7027–N–19; OMB Control proposed collection of information programs. No.: 2502–0500] described in Section A. Members of affected public: Owners and managers of rental properties. 60-Day Notice of Proposed Information A. Overview of Information Collection Estimated number of respondents: Collection: Housing Finance Agency Title of Information Collection: 2021 10,000. Risk-Sharing Program Estimated time per response: 60 Rental Housing Finance Survey. AGENCY: Office of the Assistant minutes. OMB Approval Number: 2528–0276. Frequency of response: One time Secretary for Housing—Federal Housing Type of Request: Revision. every three years. Commissioner, HUD. Form Number: None. Estimated total annual burden hours: ACTION: Notice. Description of the need for the 10,000. SUMMARY: HUD is seeking approval from information and proposed use: The Estimated total annual cost: The only Rental Housing Finance Survey (RHFS) the Office of Management and Budget cost to respondents is that of their time. (OMB) for the information collection provides a measure of financial, Respondent’s obligation: Voluntary. described below. In accordance with the mortgage, and property characteristics Legal authority: This survey is Paperwork Reduction Act, HUD is of rental housing properties in the conducted under Title 13, U.S.C., requesting comment from all interested United States. RHFS focuses on Section 8b and Title 12, U.S.C., Section parties on the proposed collection of mortgage financing of rental housing 1701z–1 et seq. properties, with emphasis on new information. The purpose of this notice originations for purchase-money B. Solicitation of Public Comment is to allow for 60 days of public mortgages and refinancing, and the This notice is soliciting comments comment. characteristics of these new from members of the public and affected DATES: Comments Due Date: August 3, originations. parties concerning the collection of 2020.

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ADDRESSES: Interested persons are Frequency of Response: Annually, Mortgage Limits for Multifamily invited to submit comments regarding semi-annually, and on-occasion. Housing Programs for Calendar Year this proposal. Comments should refer to Average Hours per Response: 1 hour 2020. the proposal by name and/or OMB to 40 hours. DATES: Applicable Date: January 1, Control Number and should be sent to: Total Estimated Burden: 43,023. 2020. Colette Pollard, Reports Management B. Solicitation of Public Comment Officer, QDAM, Department of Housing FOR FURTHER INFORMATION CONTACT: and Urban Development, 451 7th Street This notice is soliciting comments Patricia M. Burke, Acting Director, SW, Room 4176, Washington, DC from members of the public and affected Office of Multifamily Development, 20410–5000; telephone 202–402–3400 parties concerning the collection of Department of Housing and Urban (this is not a toll-free number) or email information described in Section A on Development, 451 Seventh Street SW, at [email protected] for a copy of the following: Washington, DC 20410–8000, telephone the proposed forms or other available (1) Whether the proposed collection (202) 402–5693 (this is not a toll-free information. Persons with hearing or of information is necessary for the number). Hearing or speech-impaired speech impairments may access this proper performance of the functions of individuals may access this number number through TTY by calling the toll- the agency, including whether the through TTY by calling Federal Relay free Federal Relay Service at (800) 877– information will have practical utility; Service at (800) 877–8339 (this is a toll- 8339. (2) The accuracy of the agency’s free number). estimate of the burden of the proposed SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: The FHA collection of information; Colette Pollard, Reports Management Down Payment Simplification Act of (3) Ways to enhance the quality, 2002 (Pub. L. 107–326, approved Officer, QDAM, Department of Housing utility, and clarity of the information to and Urban Development, 451 7th Street December 4, 2002) amended the be collected; and National Housing Act by adding a new SW, Washington, DC 20410; email (4) Ways to minimize the burden of Colette Pollard at Colette.Pollard@ Section 206A (12 U.S.C. 1712a). Under the collection of information on those Section 206A, the following are affected: hud.gov or telephone 202–402–3400. who are to respond; including through I. Section 207(c)(3)(A) (12 U.S.C. This is not a toll-free number. Persons the use of appropriate automated with hearing or speech impairments 1713(c)(3)(A)); collection techniques or other forms of II. Section 213(b)(2)(A) (12 U.S.C. may access this number through TTY by information technology, e.g., permitting calling the toll-free Federal Relay 1715e(b)(2)(A)); electronic submission of responses. III. Section 220(d)(3)(B)(iii)(I) (12 U.S.C. Service at (800) 877–8339. HUD encourages interested parties to 1715k(d)(3)(B)(iii)(I)); SUPPLEMENTARY INFORMATION: This submit comment in response to these IV. Section 221(d)(4)(ii)(I) (12 U.S.C. notice informs the public that HUD is questions. 1715l(d)(4)(ii)(I)); seeking approval from OMB for the V. Section 231(c)(2)(A) (12 U.S.C. Authority: Section 3507 of the Paperwork 1715v(c)(2)(A)); and information collection described in Reduction Act of 1995, 44 U.S.C. Chapter 35. Section A. VI. Section 234(e)(3)(A) (12 U.S.C. The General Deputy Assistant 1715y(e)(3)(A)). A. Overview of Information Collection Secretary for Housing, John L. Garvin, The Dollar Amounts in these sections Title of Information Collection: having reviewed and approved this are the base per unit statutory limits for Housing Finance Agency Risk-Sharing document, is delegating the authority to Federal Housing Administration’s Program. electronically sign this document to (FHA) multifamily mortgage programs OMB Approval Number: 2502–0500. submitter, Nacheshia Foxx, who is the collectively referred to as the ‘Dollar OMB Expiration Date: 4/30/2020. Federal Register Liaison for HUD, for Amounts.’ They are adjusted annually Type of Request: Revision of a purposes of publication in the Federal (commencing in 2004) on the effective currently approved collection. Register. date of the Consumer Financial Form Numbers: HUD–94192, HUD– Dated: June 1, 2020. Protection Bureau’s (CFPB’s) adjustment 94193, HUD–94194, HUD–94195, HUD– Nacheshia Foxx, of the $400 figure in the Home 94196. Federal Liaison for the Department of Housing Ownership and Equity Protection Act of Description of the need for the and Urban Development. 1994 (HOEPA) (Pub. L. 103–325, information and proposed use: Section [FR Doc. 2020–12076 Filed 6–3–20; 8:45 am] approved September 23, 1994). The 542 of the Housing and Community BILLING CODE 4210–67–P adjustment of the Dollar Amounts shall Development Act of 1992 directs the be calculated using the percentage Secretary to implement risk sharing change in the Consumer Price Index for with State and local housing finance DEPARTMENT OF HOUSING AND All Urban Consumers (CPI–U) as agencies (HFAs). Under this program, URBAN DEVELOPMENT applied by the CFPB for purposes of the HUD provides full mortgage insurance above-described HOEPA adjustment. on multifamily housing projects whose [Docket No. FR–6212–N–01] The percentage change in the CPI–U loans are underwritten, processed, and used for the HOEPA adjustment is 2.3 Annual Indexing of Basic Statutory serviced by HFAs. The HFAs will percent and the effective date of the Mortgage Limits for Multifamily reimburse HUD a certain percentage of HOEPA adjustment is January 1, 2020. Housing Programs any loss under an insured loan The Dollar Amounts under Section depending upon the level of risk the AGENCY: Office of the Assistant 206A have been adjusted HFA contracts to assume. Secretary for Housing—Federal Housing correspondingly and have an effective Respondents (i.e., affected public): Commissioner, HUD. date of January 1, 2020. Business and other for profit. ACTION: Notice. These revised statutory limits, high Estimated Number of Respondents: cost areas and per unit cost thresholds 6,530. SUMMARY: In accordance with Section for substantial rehabilitation may be Estimated Number of Responses: 206A of the National Housing Act, HUD applied to FHA multifamily mortgage 22,374. has adjusted the Basic Statutory insurance applications submitted or

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amended on or after January 1, 2020, so base amount of $15,000 per unit to deaf, please call the Federal Information long as the loan has not been initially define substantial rehabilitation for FHA Relay Service at 800–877–8339. endorsed. insured loan programs. Section 5.1.D.2 SUPPLEMENTARY INFORMATION: The adjusted Dollar Amounts for of the MAP guide requires that this base Calendar Year 2020 are shown below: amount be adjusted periodically based Correction In notice document 2019–26478, Basic Statutory Mortgage Limits for on the percentage change published by appearing at 85 FR 32044 in the issue Calendar Year 2020 the CFPB or other inflation cost index published by HUD. Applying the of Wednesday, May 28, 2020, make the Multifamily Loan Program HOEPA adjustment to the base amount, following correction: On page 32044, Section 207—Multifamily Housing the 2020 base amount per dwelling unit the DATES caption should read as to determine substantial rehabilitation follows: Section 207 pursuant to Section 223(f)— for FHA insured loan programs is DATES: To ensure consideration, please Purchase or Refinance Housing $16,299. send your written comments by June 29, Section 220—Housing in Urban Environmental Impact 2020. Renewal Areas This issuance establishes mortgage Sara Prigan, Bedrooms Non-elevator Elevator and cost limits that do not constitute a Federal Register Liaison. development decision affecting the [FR Doc. 2020–12088 Filed 6–3–20; 8:45 am] 0 ...... $54,892 $64,026 physical condition of specific project BILLING CODE 4333–15–P 1 ...... 60,807 70,944 areas or building sites. Accordingly, 2 ...... 72,633 86,990 under 24 CFR 50.19(c)(6), this notice is 3 ...... 89,525 108,951 DEPARTMENT OF THE INTERIOR 4+ ...... 101,352 123,193 categorically excluded from environmental review under the Fish and Wildlife Service Section 213—Cooperatives National Environmental Policy Act of 1969 (42 U.S.C. 4321). [Docket No. FWS–R3–ES–2020–0046; FXES11140300000–201–FF03E00000] Bedrooms Non-elevator Elevator Dated: June 1, 2020. John Garvin, 0 ...... $59,488 $63,342 Draft Environmental Assessment and 1 ...... 68,592 71,764 General Deputy Assistant Secretary for Draft Habitat Conservation Plan; 2 ...... 82,723 87,265 Housing. Receipt of an Application for an 3 ...... 105,887 112,895 [FR Doc. 2020–12084 Filed 6–3–20; 8:45 am] Incidental Take Permit, Hog Creek 4+ ...... 117,966 123,927 BILLING CODE 4210–67–P Wind Project, Hardin County, Ohio

Section 234—Condominium Housing AGENCY: Fish and Wildlife Service, Interior. Bedrooms Non-elevator Elevator DEPARTMENT OF THE INTERIOR ACTION: Notice of availability; request for comments. 0 ...... $60,702 $63,881 Fish and Wildlife Service 1 ...... 69,991 73,230 SUMMARY: We, the U.S. Fish and 2 ...... 84,411 89,049 [Docket No. FWS–R8–ES–2019–0116; Wildlife Service, have received an 3 ...... 108,050 115,201 FXES11140900000–190–FF08E00000] application from Hog Creek Wind 4+ ...... 120,372 126,454 Project, LLC (the applicant), for an Endangered and Threatened Species; incidental take permit (ITP) under the Incidental Take Permit Application and Section 221(d)(4)—Moderate Income Endangered Species Act of 1973, as Habitat Conservation Plan for the Housing amended, for the Hog Creek Wind Farm Proposed Rooney Ranch Wind Project. If approved, the ITP would Bedrooms Non-elevator Elevator Repowering Project, Alameda County, authorize the incidental take of the California; Availability of Draft Indiana bat and the northern long-eared 0 ...... $54,628 $59,010 Environmental Assessment; 1 ...... 62,013 67,649 bat for a 30-year term. The applicant has Correction 2 ...... 74,959 82,262 prepared a draft habitat conservation 3 ...... 94,085 106,418 AGENCY: Fish and Wildlife Service, plan, which is available for public 4+ ...... 106,314 116,817 Interior. review. We also announce the ACTION: availability of a draft environmental Section 231—Housing for the Elderly Notice of receipt of permit application; request for comments; assessment, which has been prepared in correction. accordance with the requirements of the Bedrooms Non-elevator Elevator National Environmental Policy Act. We 0 ...... $51,937 $59,010 SUMMARY: We, the U.S. Fish and request public comment on the 1 ...... 58,063 67,649 Wildlife Service, published a document application and associated documents. 2 ...... 69,336 82,262 in the May 28, 2020, Federal Register DATES: We will accept comments 3 ...... 83,443 106,418 that announced the availability of a received or postmarked on or before July 4+ ...... 98,101 116,817 proposed habitat conservation plan and 6, 2020. a draft environmental impact statement ADDRESSES: Obtaining documents: Section 207—Manufactured Home Parks for public comment. The public Electronic copies of the documents this Per Space—$25,200 comment period end date in the DATES notice announces will be available section of the notice was incorrect. The online in Docket No. FWS–R3–ES– Per Unit Limit for Substantial correct date is June 29, 2020. 2020–0046 at http:// Rehabilitation for Calendar Year 2020 FOR FURTHER INFORMATION CONTACT: www.regulations.gov. Public comments The 2016 Multifamily Accelerated Claudia Funari, 916–414–6600. If you will also be available online at http:// Processing (MAP) Guide established a use a telecommunications device for the www.regulations.gov.

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Submitting comments: Please specify 11. Changed and unforeseen capture, or collect endangered and whether your comment addresses the circumstances. threatened species, or to attempt to draft habitat conservation plan, draft Under the National Environmental engage in any such conduct. Our environmental assessment, any Policy Act (NEPA; 43 U.S.C. 4321 et implementing regulations in title 50 of combination of the aforementioned seq.) and the ESA, the Service the Code of Federal Regulations (CFR) documents, or other supporting announces that we have gathered the define ‘‘harm’’ as an act which actually documents. Please submit written information necessary to: kills or injures wildlife, and such act comments by one of the following 1. Determine the impacts and may include significant habitat methods: formulate alternatives for an EA related modification or degradation that results • Online: http://www.regulations.gov. to: in death or injury to listed species by Search for and submit comments on a. Issuance of an ITP to the applicant significantly impairing essential Docket No. FWS–R3–ES–2020–0046. for the take of the Indiana bat and the behavioral patterns, including breeding, • By hard copy: Submit comments by northern long-eared bat, and feeding, or sheltering (50 CFR 17.3). U.S. mail to Public Comments b. Implementation of the associated The HCP analyzes, and the ITP would Processing, Attn: Docket No. FWS–R3– HCP; and authorize, take from killing of bats due ES–2020–0046; U.S. Fish and Wildlife 2. Evaluate the application for ITP to the operation of the project. If issued, Service; 5275 Leesburg Pike, MS: PRB/ issuance, including the HCP, which the ITP would authorize incidental take 3W; Falls Church, VA 22041–3803. provides measures to minimize and consistent with the applicant’s HCP and For more information, see Public mitigate the effects of the proposed the ITP. To issue the ITP, the Service Comments. incidental take of the Indiana bat and must find that the application, the northern long-eared bat. including the associated HCP, satisfies FOR FURTHER INFORMATION CONTACT: the criteria of section 10(a)(1)(B) of the Background Keith Lott, Wildlife Biologist, or Patrice ESA and the Service’s implementing Ashfield, Project Leader, via phone at The project includes 30 wind regulations at 50 CFR part 13 and 614–416–8993, via the Federal Relay turbines, with a total energy-generating § 17.22. If the ITP is issued, the Service at 800–877–8339, or via U.S. capacity of 66 megawatts (MW). The applicant would receive assurances mail at the U.S. Fish and Wildlife project began commercial operation in under the Service’s No Surprises policy, Service, Ohio Ecological Services Office, December of 2017. The need for the codified at 50 CFR 17.22(b)(5). 4625 Morse Road, Suite 104, Columbus, proposed action (i.e., issuance of an ITP) The applicant proposes to operate a OH 43230. is based on the potential that operation maximum of 30 wind turbines and SUPPLEMENTARY INFORMATION: We, the of the project could result in take of associated facilities for a period of 30 U.S. Fish and Wildlife Service (Service), Indiana bats and northern long-eared years in Hardin County, Ohio. The have received an application from Hog bats. project consists of wind turbines, Creek Wind Project, LLC (the applicant), The HCP provides a detailed associated gravel pads and access roads, for an incidental take permit (ITP) under conservation plan to ensure that the underground and above-ground the Endangered Species Act (ESA; 16 incidental take caused by the operation electrical collection circuits, one U.S.C. 1531 et seq.). If approved, the ITP of the project will not appreciably substation, a generator lead line, one would be for a 30-year period and reduce the likelihood of the survival permanent meteorological tower, and an would authorize incidental take of the and recovery of the Indiana bat and operations and maintenance facility. endangered Indiana bat (Myotis sodalis) northern long-eared bat, and includes The draft HCP describes the impacts and the threatened northern long-eared mitigation to fully offset the impact of of take associated with the operation of bat (Myotis septentrionalis). the taking. Further, the HCP provides a the project and includes measures to The applicant has prepared a draft long-term monitoring and adaptive avoid, minimize, mitigate, and monitor habitat conservation plan (HCP), which management strategy to ensure that the the impacts of incidental take on the covers the operation of the Hog Creek ITP terms are satisfied, and to account Indiana bat and the northern long-eared Wind Farm Project (project). The project for changed and unforeseen bat. The applicant will mitigate for take consists of a wind-powered electric circumstances. and associated impacts through one or generation facility located in an more methods, including restoration, if approximately 236-acre area in Hardin Purpose and Need for Action necessary, and permanent protection of County, Ohio. The draft HCP describes In accordance with NEPA, the Service documented maternity colony habitat the following: has prepared a DEA to analyze the and/or swarming habitat, and/or gating 1. Permit duration; impacts to the human environment that of a hibernaculum. Habitat mitigation, 2. Covered lands; would occur if the requested ITP is including any restored habitat, will 3. Covered species; issued and the associated HCP is occur on private land and be 4. Project description and covered implemented. permanently protected by a activities; conservation easement, fee simple Proposed Action 5. Environmental baseline and acquisition with deed restrictions, or affected species; Section 9 of the ESA prohibits the another site protection instrument that 6. Impact assessment and take ‘‘taking’’ of threatened and endangered provides an equivalent level of authorization request for Indiana bats species. However, provided certain protection, and will be approved by the and northern long-eared bats; criteria are met, the Service is Service. Chapter 5 of the HCP describes 7. Conservation plan, which includes authorized to issue permits under the avoidance, minimization measures, the Biological Goals and Objectives, and section 10(a)(1)(B) of the ESA for take of and compensatory mitigation that will measures to avoid, minimize, and federally listed species when, among limit and mitigate for the take of Indiana mitigate the impact of the taking; other things, such a taking is incidental bats and northern long-eared bats. This 8. Monitoring and adaptive to, and not the purpose of, otherwise chapter also includes the monitoring management; lawful activities. Under the ESA, the and adaptive management plans to 9. Funding assurances; term ‘‘take’’ means to harass, harm, ensure that the level of take stays within 10. Alternatives to the taking; and pursue, hunt, shoot, wound, kill, trap, permitted levels and mitigation sites are

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maintained as suitable habitat for the sunset to a half-hour after sunrise. on the content of the DEA. In particular, Indiana bat and northern long-eared bat. While take is not anticipated during the information and comments regarding The Service is soliciting information summer (May 16–July 31), turbines will the following topics are requested: regarding the adequacy of the HCP to be feathered until wind speeds reach 3.0 1. The direct, indirect, or cumulative avoid, minimize, mitigate, and monitor m/s from a half-hour before sunset to a effects that implementation of any the proposed incidental take of the half-hour after sunrise. Minimization alternative could have on the human covered species and to provide for measures would be applicable until the environment; adaptive management. In compliance temperature was greater than 10 degrees 2. Whether or not the significance of with section 10(c) of the ESA (16 U.S.C. Celsius (°C). In this alternative, the the impact on various aspects of the 1539(c)), the Service is making the ITP applicant estimated take of Indiana and human environment has been application materials available for northern long-eared bats using an adequately analyzed; and public review and comment as approach that addresses inherent 3. Any other information pertinent to described above. uncertainty in take estimates by evaluating the effects of the proposed We invite comments and suggestions incorporating a 50 percent confidence action on the human environment. from all interested parties on the draft bound around the mean estimate, and a Public Comments documents associated with the ITP 50 percent reduction in take from application (HCP and HCP appendices), application of the proposed cut-in speed You may submit your comments and and request that comments be as regime. The various phases of this materials related to the draft HCP, DEA, specific as possible. In particular, we project began and will end in different or other supporting documents by one request information and comments on years; thus, different numbers of of the methods listed in ADDRESSES. We the following topics: turbines will be operational during the request you send comments using only 1. Whether adaptive management, three different phases, which will one of the methods described in mitigation, and monitoring provisions change the amount of take during each ADDRESSES. in the proposed action alternative are of the phases. Thus, the estimated Before including your address, phone sufficient; fatality rates under this alternative are number, email address, or other 2. Any threats to the Indiana bat and 3.3 Indiana bats per year, and 1 northern personal identifying information in your the northern long-eared bat that may long-eared bat per year. This results in comment, you should be aware that influence their populations over the life a total of 97 Indiana bats and 30 your entire comment—including your of the ITP that are not addressed in the northern long-eared bats over the 30- personal identifying information—may draft HCP or DEA; year permit term. be made publicly available at any time. 3. Any new information on white- 3. More Restrictive Operations While you can ask us in your comment nose syndrome effects on the Indiana alternative, in which the Service would to withhold your personal identifying bat and the northern long-eared bat; and issue an ITP for the HCP, but turbine information from public review, we 4. Any other information pertinent to operations would be different than cannot guarantee that we will be able to evaluating the effects of the proposed under the applicant’s proposed project. do so. action on the Indiana bat and the All turbines would be feathered when Authority northern long-eared bat. the ambient temperature is above 10°C based on a 5-minute rolling average We provide this notice under section Alternatives in the Draft Environmental from one half-hour before sunset to one 10(c) of the ESA (16 U.S.C. 1539(c)) and Assessment half-hour after sunrise during the spring its implementing regulations (50 CFR The DEA contains an analysis of four migration season (April 1 through May 17.22) and the NEPA (42 U.S.C. 4321 et alternatives: 15) up to 3.0 m/s, summer (May 16 seq.) and its implementing regulations 1. No Action alternative, in which the through July 31) up to 3.0 m/s, and (40 CFR 1506.6; 43 CFR part 46). Service would not issue a permit to the during the fall migration season (August Lori Nordstrom, applicant, and the project turbines 1 through October 15) up to 6.5 m/s. would be feathered until wind speeds Assistant Regional Director, Ecological The estimated fatality rates for this Services, Great Lakes Region. reach 6.9 m/s from a half-hour before alternative are 1.5 Indiana bats and 0.5 sunset to a half-hour after sunrise northern long-eared bats per year. This [FR Doc. 2020–12046 Filed 6–3–20; 8:45 am] during the entirety of the fall migration results in a total of 44.9 Indiana bats and BILLING CODE 4333–15–P season (August 1 through October 31) 13.8 northern long-eared bats over the and spring migration season (March 15 30-year permit term. The quantity of DEPARTMENT OF THE INTERIOR through May 15), under which mitigation needed to offset the impact of conditions take of listed species is the taking and the level of effort of National Park Service unlikely to occur; monitoring varies between the 2. The applicant’s Proposed alternatives, although mitigation, [NPS–WASO–NRNHL–DTS#–30354; Alternative, in which the Service would monitoring, adaptive management, and PPWOCRADI0, PCU00RP14.R50000] issue an ITP to authorize incidental take funding assurances are components of National Register of Historic Places; of covered species associated with the all three action alternatives. Notification of Pending Nominations project’s operations as described in the The DEA considers the direct, and Related Actions applicant’s HCP. In this alternative, the indirect, and cumulative effects of the project turbines would be feathered alternatives, including any measures AGENCY: National Park Service, Interior. until wind speeds reach 3.0 m/s during intended to minimize and mitigate such ACTION: Notice. the spring migration (April 1 through impacts. The DEA also identifies May 15) from a half-hour before sunset additional alternatives that were SUMMARY: The National Park Service is to a half-hour after sunrise, and during considered but were eliminated from soliciting electronic comments on the the fall migration season (August 1 analysis as detailed in section 2.4 of the significance of properties nominated through October 15), project turbines DEA. before May 16, 2020, for listing or would be feathered until wind speeds The Service invites comments and related actions in the National Register reach 5.0 m/s from a half-hour before suggestions from all interested parties of Historic Places.

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DATES: Comments should be submitted Montgomery County order on tow-behind lawn groomers electronically by June 19, 2020. Red Oak High School, 308 East Corning St., from China would be likely to lead to ADDRESSES: Comments are encouraged Red Oak, SG100005294 continuation or recurrence of material injury within a reasonably foreseeable to be submitted electronically to Pottawattamie County _ _ time. National Register Submissions@ South 8th Street Historic District, Bounded nps.gov with the subject line ‘‘Public by South 7th St., South 8th St., 1st Ave., 7th DATES: April 6, 2020. Comment on property or proposed Ave., with segment along 2nd Ave., FOR FURTHER INFORMATION CONTACT: district name, (County) State.’’ If you extending to South 10th St., Council Bluffs, Tyler Berard (202–205–3354), Office of have no access to email you may send SG100005299 Investigations, U.S. International Trade them via U.S. Postal Service and all KENTUCKY Commission, 500 E Street SW, other carriers to the National Register of Washington, DC 20436. Hearing- Historic Places, National Park Service, Fayette County impaired persons can obtain 1849 C Street NW, MS 7228, Pensacola Park Historic District. 109–199 information on this matter by contacting Washington, DC 20240. Rosemont Gdn., 105–175 Suburban Ct., the Commission’s TDD terminal on 202– 101–224 Lackawanna Rd., 101–166 SUPPLEMENTARY INFORMATION: The 205–1810. Persons with mobility Wabash Dr., 96–171 Goodrich Ave., 1700, impairments who will need special properties listed in this notice are being 1800, 1900 blocks of Nicholasville Rd., considered for listing or related actions 101–177, Penmoken Park, 1800 block assistance in gaining access to the in the National Register of Historic Pensacola Dr., 1800 block Norfolk Dr., Commission should contact the Office Places. Nominations for their Lexington, SG100005303 of the Secretary at 202–205–2000. consideration were received by the General information concerning the LOUISIANA National Park Service before May 16, Commission may also be obtained by 2020. Pursuant to § 60.13 of 36 CFR part Orleans Parish accessing its internet server (https:// 60, comments are being accepted Pontchartrain Park Historic District, Roughly www.usitc.gov). The public record for concerning the significance of the bounded by France Rd., Dwyer Canal, this review may be viewed on the nominated properties under the Norfolk Southern RR, Campus Blvd., Commission’s electronic docket (EDIS) National Register criteria for evaluation. Emmitt W. Bashful Blvd., Press Dr., and at https://edis.usitc.gov. Before including your address, phone Hayne Blvd., New Orleans, SG100005306 SUPPLEMENTARY INFORMATION: number, email address, or other MASSACHUSETTS Background.—On April 6, 2020, the Commission determined that the personal identifying information in your Franklin County comment, you should be aware that domestic interested party group your entire comment—including your Long Plain Cemetery, 19 Depot Rd., Leverett, response to its notice of institution (85 SG100005304 personal identifying information—may FR 117, January 2, 2020) of the subject be made publicly available at any time. Additional documentation has been five-year review was adequate and that received for the following resource: While you can ask us in your comment the respondent interested party group to withhold your personal identifying DISTRICT OF COLUMBIA response was inadequate. The Commission did not find any other information from public review, we District of Columbia cannot guarantee that we will be able to circumstances that would warrant Central Public Library (Additional do so. conducting a full review.1 Accordingly, Documentation), 801 K St. NW, the Commission determined that it Nominations submitted by State or Washington, AD69000290 Tribal Historic Preservation Officers: would conduct an expedited review Authority: Section 60.13 of 36 CFR part pursuant to section 751(c)(3) of the ARIZONA 60. Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). Maricopa County Dated: May 18, 2020. For further information concerning Avery, Frank and Emma, House, 4203 North Sherry A. Frear, the conduct of this review and rules of 44th St., Phoenix, SG100005297 Chief, National Register of Historic Places/ general application, consult the Commission’s Rules of Practice and DISTRICT OF COLUMBIA National Historic Landmarks Program. [FR Doc. 2020–12037 Filed 6–3–20; 8:45 am] Procedure, part 201, subparts A and B District of Columbia BILLING CODE 4312–52–P (19 CFR part 201), and part 207, Tabard Inn, 1737–1739–1741 N St. NW, subparts A, D, E, and F (19 CFR part Washington, SG100005295 207). Please note the Secretary’s Office will Washington Animal Rescue League Animal INTERNATIONAL TRADE Shelter, 71 O St. NW, Washington, accept only electronic filings at this COMMISSION SG100005296 time. Filings must be made through the Washington Yacht Club, 1500 M St. SE, [Investigation No. 731–TA–1153 (Second Commission’s Electronic Document Washington, SG100005305 Review)] Information System (EDIS, https:// GEORGIA edis.usitc.gov). No in-person paper- Tow-Behind Lawn Groomers From based filings or paper copies of any Wilkes County China; Scheduling of an Expedited electronic filings will be accepted until Cherry Grove Baptist Church Schoolhouse, Five-Year Review further notice. 1878 Danburg Rd., Washington vicinity, Staff report.—A staff report SG100005300 AGENCY: United States International Trade Commission. containing information concerning the IOWA subject matter of the review will be ACTION: Notice. Linn County placed in the nonpublic record on June SUMMARY: Shores-Mueller Company, (Commercial & The Commission hereby gives notice of the scheduling of an expedited 1 A record of the Commissioners’ votes, the Industrial Development of Cedar Rapids Commission’s statement on adequacy, and any MPS) (Industrial Development of Cedar review pursuant to the Tariff Act of individual Commissioner’s statements will be Rapids, Iowa MPS (AD)), 700 16th St. NE, 1930 (‘‘the Act’’) to determine whether available from the Office of the Secretary and at the Cedar Rapids, MP100005298 revocation of the antidumping duty Commission’s website.

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4, 2020, and made available to persons of 1930; this notice is published pursuant to occur only when the registrant’s on the Administrative Protective Order section 207.62 of the Commission’s rules. business activity is consistent with what service list for this review. A public By order of the Commission. is authorized under 21 U.S.C. 952(a)(2). version will be issued thereafter, Issued: May 29, 2020. Authorization will not extend to the pursuant to section 207.62(d)(4) of the Lisa Barton, import of the Food and Drug Commission’s rules. Secretary to the Commission. Administration (FDA)-approved or non- Written submissions.—As provided in [FR Doc. 2020–12021 Filed 6–3–20; 8:45 am] approved finished dosage forms for section 207.62(d) of the Commission’s commercial sale. rules, interested parties that are parties BILLING CODE 7020–02–P to the review and that have provided William T. McDermott, individually adequate responses to the Assistant Administrator. 2 DEPARTMENT OF JUSTICE notice of institution, and any party [FR Doc. 2020–12086 Filed 6–3–20; 8:45 am] other than an interested party to the Drug Enforcement Administration BILLING CODE 4410–09–P review may file written comments with the Secretary on what determination the [Docket No. DEA–652] Commission should reach in the review. DEPARTMENT OF JUSTICE Comments are due on or before June 11, Importer of Controlled Substances 2020 and may not contain new factual Application: Catalent Pharma Drug Enforcement Administration information. Any person that is neither Solutions, LLC a party to the five-year review nor an ACTION: Notice of application. [Docket No. DEA–653] interested party may submit a brief written statement (which shall not DATES: Registered bulk manufacturers of Importer of Controlled Substances contain any new factual information) the affected basic class(es), and Application: Akorn, Inc. pertinent to the review by June 11, 2020. applicants therefore, may file written However, should the Department of comments on or objections to the ACTION: Notice of application. Commerce (‘‘Commerce’’) extend the issuance of the proposed registration on time limit for its completion of the final or before July 6, 2020. Such persons DATES: Registered bulk manufacturers of results of its review, the deadline for may also file a written request for a comments (which may not contain new the affected basic class(es), and hearing on the application on or before applicants therefore, may file written factual information) on Commerce’s July 6, 2020. final results is three business days after comments on or objections to the ADDRESSES: Written comments should the issuance of Commerce’s results. If issuance of the proposed registration on be sent to: Drug Enforcement comments contain business proprietary or before July 6, 2020. Such persons Administration (DEA), Attention: DEA information (BPI), they must conform may also file a written request for a Federal Register Representative/DPW, with the requirements of sections 201.6, hearing on the application on or before 8701 Morrissette Drive, Springfield, 207.3, and 207.7 of the Commission’s July 6, 2020. Virginia 22152. All requests for a rules. The Commission’s rules with hearing must be sent to: Drug ADDRESSES: Written comments should respect to filing were revised effective Enforcement Administration, Attn: be sent to: Drug Enforcement July 25, 2014. See 79 FR 35920 (June 25, Administrator, 8701 Morrissette Drive, Administration, Attention: DEA Federal 2014). The Commission’s Handbook on Springfield, Virginia 22152. All requests Register Representative/DPW, 8701 Filing Procedures, available on the for a hearing should also be sent to: (1) Morrissette Drive, Springfield, Virginia Commission’s website at https:// Drug Enforcement Administration, Attn: 22152. All requests for a hearing must www.usitc.gov/documents/handbook_ Hearing Clerk/OALJ, 8701 Morrissette be sent to: Drug Enforcement on_filing_procedures.pdf, elaborates Drive, Springfield, Virginia 22152; and Administration, Attn: Administrator, upon the Commission’s procedures with (2) Drug Enforcement Administration, 8701 Morrissette Drive, Springfield, respect to filings. In accordance with sections 201.16(c) Attn: DEA Federal Register Virginia 22152. All requests for a and 207.3 of the rules, each document Representative/DPW, 8701 Morrissette hearing should also be sent to: (1) Drug filed by a party to the review must be Drive, Springfield, Virginia 22152. Enforcement Administration, Attn: served on all other parties to the review SUPPLEMENTARY INFORMATION: In Hearing Clerk/OALJ, 8701 Morrissette (as identified by either the public or BPI accordance with 21 CFR 1301.34(a), this Drive, Springfield, Virginia 22152; and service list), and a certificate of service is notice that on May 8, 2020, Catalent (2) Drug Enforcement Administration, must be timely filed. The Secretary will Pharma Solutions, LLC, 3031 Red Lion Attn: DEA Federal Register not accept a document for filing without Road, Philadelphia, Pennsylvania Representative/DPW, 8701 Morrissette a certificate of service. 19114, applied to be registered as an Drive, Springfield, Virginia 22152. importer of the following basic class(es) Determination.—The Commission has SUPPLEMENTARY INFORMATION: In of controlled substance: determined this review is accordance with 21 CFR 1301.34(a), this extraordinarily complicated and is notice that on May 14, 2020, Akorn, Controlled substance Drug Schedule therefore has determined to exercise its code Inc., 1222 West Grand Avenue, Decatur, authority to extend the review period by Gamma Hydroxybutyric Acid .. 2010 I Illinois 62522–1412, applied to be up to 90 days pursuant to 19 U.S.C. registered as an importer of the 1675(c)(5)(B). The company plans to import finished following basic class(es) of a controlled Authority: This review is being conducted dosage unit products containing Gamma substance: under authority of title VII of the Tariff Act Hydroxybutyric Acid for clinical trials, research, and analytical activities. No Controlled substance Drug Schedule 2 The Commission has found the response other activity for this drug code is code submitted by Agri-Fab, Inc. to be individually adequate. Comments from other interested parties authorized for this registration. Remifentanil ...... 9739 II will not be accepted (see 19 CFR 207.62(d)(2)). Approval of permit applications will

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The company plans to import the Authorization will not extend to the To submit comments: Send them to: listed controlled substance for research import of Food and Drug purposes. Administration (FDA)-approved or non- By email ...... pubcomment- approved finished dosage forms for ees.enrd@ William T. McDermott, commercial sale. usdoj.gov. Assistant Administrator. By mail ...... Assistant Attorney [FR Doc. 2020–12080 Filed 6–3–20; 8:45 am] William T. McDermott, General, U.S. BILLING CODE 4410–09–P Assistant Administrator. DOJ—ENRD, P.O. [FR Doc. 2020–12082 Filed 6–3–20; 8:45 am] Box 7611, Wash- ington, DC 20044– BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE 7611.

Drug Enforcement Administration DEPARTMENT OF JUSTICE During the public comment period, the consent decree may be examined [Docket No. DEA–654] Notice of Lodging of Proposed and downloaded at this Justice Department website: https:// Importer of Controlled Substances Consent Decree Under the Clean Air Application: Bellwyck Clinical Services Act www.justice.gov/enrd/consent-decrees. Paper copies of the consent decree are On May 29, 2020, the Department of ACTION: Notice of application. available upon written request and Justice lodged a proposed consent payment of reproduction costs. Such DATES: Registered bulk manufacturers of decree with the United States District requests and payments should be the affected basic class(es), and Court for the District of Massachusetts, addressed to: Consent Decree Library, applicants therefore, may file written in the lawsuit entitled United States and U.S. DOJ—ENRD, P.O. Box 7611, comments on or objections to the Commonwealth of Massachusetts v. Washington, DC 20044–7611. issuance of the proposed registration on Sprague Resources LP and Sprague With each such request, please or before July 6, 2020. Such persons Operating Resources, LLC, Civil Action enclose a check or money order for may also file a written request for a No. 1:20–cv–11026. $14.75 (25 cents per page reproduction hearing on the application on or before The United States filed this lawsuit cost) per paper copy, payable to the July 6, 2020. under Section 113(a)(1) of the Clean Air United States Treasury. Act, 42 U.S.C. 7413(a)(1), and the ADDRESSES: Written comments should Massachusetts, Maine, New Hampshire, Henry S. Friedman, be sent to: Drug Enforcement and Rhode Island state implementation Assistant Section Chief, Environmental Administration, Attention: DEA Federal plans. The Commonwealth of Enforcement Section, Environment and Register Representative/DPW, 8701 Massachusetts is a co-plaintiff and Natural Resources Division. Morrissette Drive, Springfield, Virginia brings claims arising under the [FR Doc. 2020–12022 Filed 6–3–20; 8:45 am] 22152. All requests for a hearing must Massachusetts Clean Air Act and BILLING CODE 4410–15–P be sent to: Drug Enforcement Massachusetts air pollution control Administration, Attn: Administrator, regulations. The complaint seeks civil 8701 Morrissette Drive, Springfield, penalties and injunctive relief arising DEPARTMENT OF JUSTICE Virginia 22152. All requests for a from alleged emissions of volatile hearing should also be sent to: (1) Drug organic compounds (VOC) without Office of Justice Programs Enforcement Administration, Attn: required permits at the defendants’ Hearing Clerk/OALJ, 8701 Morrissette [OJP (BJA) Docket No. 1779] heated petroleum (asphalt and #6 oil) Drive, Springfield, Virginia 22152; and storage and distribution facilities in Meeting of the Public Safety Officer (2) Drug Enforcement Administration, Everett and Quincy, Massachusetts; Medal of Valor Review Board Attn: DEA Federal Register Searsport and South Portland, Maine; AGENCY: Representative/DPW, 8701 Morrissette Newington (River Road), New Office of Justice Programs Drive, Springfield, Virginia 22152. Hampshire; and Providence, Rhode (OJP), Bureau of Justice Assistance SUPPLEMENTARY INFORMATION: In Island. (BJA). accordance with 21 CFR 1301.34(a), this The consent decree requires the ACTION: Notice of meeting. is notice that on May 19, 2020, Bellwyck defendants to pay civil penalties of SUMMARY: This is an announcement of a Clinical Services, 8946 Global Way, $350,000, including $205,000, plus meeting (via WebEx/conference call-in) West Chester, Ohio 45069, applied to be interest, to the United States and of the Public Safety Officer Medal of registered as an importer of the $145,000 to the Commonwealth of Valor Review Board to consider a range following basic class(es) of controlled Massachusetts; and to perform certain substances: measures at the facilities to limit future of issues of importance to the Board, to VOC emissions. include but not limited to: Membership/ terms; nomination eligibility; pending Controlled substances Drug Schedule The publication of this notice opens code a period for public comment on the 2018–2019 recommendations; pending consent decree. Comments should be 2019–2020 nominations; program Amphetamine ...... 1100 II marketing and outreach. The meeting Methylphenidate ...... 1724 II addressed to the Assistant Attorney Oxycodone ...... 9143 II General, Environment and Natural date and time is listed below. Resources Division, and should refer to DATES: August 3, 2020, from 1:00 p.m. The company plans to import the United States, et al. v. Sprague to 2:00 p.m. EDT. listed controlled substances in dosage Resources LP, et al., D.J. Ref. No. 90–5– ADDRESSES: This meeting will take place form to conduct clinical trials. Approval 2–1–11436. All comments must be via WebEx/conference call-in. Public of permit applications will occur only submitted no later than thirty (30) days access to the meeting will be provided when the registrant’s activity is after the publication date of this notice. by the Bureau of Justice Assistance, consistent with what is authorized Comments may be submitted either by Office of Justice Programs upon request under 21 U.S.C. 952(a) (2). email or by mail: and subsequent invitation. (See

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SUPPLEMENTARY INFORMATION below for Copyright Royalty Board’s online calling for Petitions to Participate. See registration requirements.) electronic filing application, at https:// 17 U.S.C. 803(b)(1). app.crb.gov/. FOR FURTHER INFORMATION CONTACT: Petitions To Participate Gregory Joy, Policy Advisor, Bureau of Instructions: The petition to Justice Assistance, Office of Justice participate process has been simplified. Parties filing Petitions to Participate Programs, 810 7th Street NW, Interested parties file a petition to must use the form in eCRB instead of Washington, DC 20531, by telephone at participate by filling out the petition to uploading a document and must comply (202) 514–1369, toll free (866) 859– participate form in eCRB and paying the with the requirements of § 351.1(b) of 2687, or by email at Gregory.joy@ fee in eCRB. Do not upload a petition to the Copyright Royalty Board’s usdoj.gov. participate document. regulations. 37 CFR 351.1(b). SUPPLEMENTARY INFORMATION: The Docket: For access to the docket to Dated: June 1, 2020. Public Safety Officer Medal of Valor read submitted documents, go to eCRB, Jesse M. Feder, Review Board carries out those advisory the Copyright Royalty Board’s electronic Chief Copyright Royalty Judge. functions specified in 42 U.S.C. 15202. filing and case management system, at [FR Doc. 2020–12096 Filed 6–3–20; 8:45 am] https://app.crb.gov/, and search for Pursuant to 42 U.S.C. 15201, the BILLING CODE 1410–72–P President of the United States is docket number 20–CRB–0008–CA. authorized to award the Public Safety FOR FURTHER INFORMATION CONTACT: Officer Medal of Valor, the highest Anita Blaine, CRB Program Specialist, national award for valor by a public by telephone at (202) 707–7658, or by EXECUTIVE OFFICE OF THE safety officer. email at [email protected]. PRESIDENT This WebEx meeting is open to the SUPPLEMENTARY INFORMATION: public. Members of the public who wish Office of National Drug Control Policy to participate must register at least Background Designation of Twelve Areas as High seven (7) days in advance of the meeting Section 111 of the Copyright Act Intensity Drug Trafficking Areas by contacting Mr. Joy. Upon registration, grants a statutory copyright license to an invitation will be extended to cable television systems for the AGENCY: Office of National Drug Control participate in this WebEx meeting. Policy (ONDCP). Access to the meeting will not be retransmission of over-the-air television and radio broadcast stations to their ACTION: Notice of twelve HIDTA allowed without prior registration. designations. Please submit any comments or written subscribers. 17 U.S.C. 111(c). In exchange for the license, cable operators statements for consideration by the SUMMARY: submit royalty payments and statements The Director of the Office of Review Board in writing at least seven National Drug Control Policy designated (7) days in advance of the meeting date. of account detailing their retransmissions semiannually to the 12 additional areas as High Intensity Gregory Joy, Copyright Office. 17 U.S.C. 111(d)(1). Drug Trafficking Areas (HIDTA) Policy Advisor/Designated Federal Officer, The Copyright Office deposits the pursuant to 21 U.S.C. 1706(b)(1). The Bureau of Justice Assistance. royalties into the United States Treasury new areas are (1) Davidson County in Tennessee as part of the Appalachia [FR Doc. 2020–12104 Filed 6–3–20; 8:45 am] for later distribution to copyright HIDTA; (2) Chatham County in Georgia BILLING CODE 4410–18–P owners of the broadcast programming that the cable systems retransmit. 17 as part of the Atlanta/Carolinas HIDTA; U.S.C. 111(d)(2). (3) Manatee and Leon Counties in Florida as part of the Central Florida LIBRARY OF CONGRESS A cable system calculates its royalty and North Florida HIDTAs, respectively; payments in accordance with the (4) Lake County in Illinois as part of the Copyright Royalty Board statutory formula described in 17 U.S.C. Chicago HIDTA; (5) Chambers County in 111(d)(1). See 37 CFR 387. Royalty rates [Docket No. 20–CRB–0008–CA (2020–2025)] Texas as part of the Houston HIDTA; (6) are based upon a cable system’s gross Vanderburgh County in Indiana as part Adjustment of Cable Statutory License receipts from subscribers who receive of the Indiana HIDTA; (7) Eau Claire Royalty Rates retransmitted broadcast signals. For rate County in Wisconsin as part of the calculation purposes, cable systems are AGENCY: Copyright Royalty Board, North Central HIDTA; (8) Grant County divided into three tiers based on their Library of Congress. in Washington as part of the Northwest gross receipts (small, medium, and HIDTA; (9) Westmoreland County in ACTION: Notice announcing large). 17 U.S.C. 111(d)(1)(B) through Pennsylvania as part of the Ohio commencement of proceeding with (F). Both the applicable rates and the HIDTA; (10) Kootenai County in Idaho request for petitions to participate. tiers are subject to adjustment. 17 U.S.C. as part of the Oregon/Idaho HIDTA; and 801(b)(2). Every five years persons with SUMMARY: The Copyright Royalty Judges (11) Allegany County in Maryland as a significant interest in the royalty rates (Judges) announce the commencement part of the Washington/Baltimore may file petitions to initiate a of a proceeding to adjust the rates for HIDTA. The Director of ONDCP also proceeding to adjust the rates. 17 U.S.C. the cable statutory license described in removed one area as a HIDTA pursuant 804(a) and (b). No person with a section 111 of the Copyright Act. The to 21 U.S.C. 1706(c), effective May 27, significant interest has filed a petition to Judges also announce the date by which 2020. The area removed from HIDTA initiate a proceeding in 2020.1 The a party who wishes to participate in the designation is Barrow County in Georgia Judges must, therefore, publish notice in proceeding must file its Petition to as part of the Atlanta/Carolinas HIDTA. the Federal Register announcing the Participate and pay the $150 filing fee. The Executive Board of Atlanta/ commencement of a proceeding and DATES: Petitions to Participate and the Carolinas HIDTA requested removal of filing fee are due no later than July 6, Barrow County from designation after 2020. 1 With respect to the rates for the 2015–2019 period, the Judges adopted a settlement proposed assessing the threat and determining ADDRESSES: The petition to participate by the participants to leave the then-current rates that it no longer met the statutory form is available online in eCRB, the unchanged. 81 FR 62813, 62814 (Sept. 13, 2016). criteria necessary for designation as a

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HIDTA county. ONDCP evaluated and date, and the authority cited by the SECURITIES AND EXCHANGE accepted the request. Postal Service for each request. For each COMMISSION FOR FURTHER INFORMATION CONTACT: request, the Commission appoints an [Release No. 34–88974; File No. SR–OCC– Questions regarding this notice should officer of the Commission to represent 2020–005] be directed to Shannon L. Kelly, the interests of the general public in the National HIDTA Director, Office of proceeding, pursuant to 39 U.S.C. 505 Self-Regulatory Organizations; The National Drug Control Policy, Executive (Public Representative). Section II also Options Clearing Corporation; Notice Office of the President, Washington, DC establishes comment deadline(s) of Filing and Immediate Effectiveness 20503; (202) 395–5872. pertaining to each request. of Proposed Rule Change To Extend the Deadline for Clearing Members To Dated: June 1, 2020. The public portions of the Postal Provide an Actionable Identifier on Michael J. Passante, Service’s request(s) can be accessed via Customer and Non-Customer Acting General Counsel. the Commission’s website (http:// Securities Options Trades Other Than [FR Doc. 2020–12105 Filed 6–3–20; 8:45 am] www.prc.gov). Non-public portions of Market Maker Trades BILLING CODE 3280–F5–P the Postal Service’s request(s), if any, can be accessed through compliance May 29, 2020. with the requirements of 39 CFR Pursuant to Section 19(b)(1) of the POSTAL REGULATORY COMMISSION 3011.301.1 Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 [Docket No. CP2020–157] The Commission invites comments on notice is hereby given that on May 19, whether the Postal Service’s request(s) 2020, the Options Clearing Corporation New Postal Products in the captioned docket(s) are consistent (‘‘OCC’’) filed with the Securities and AGENCY: Postal Regulatory Commission. with the policies of title 39. For Exchange Commission (‘‘Commission’’) request(s) that the Postal Service states ACTION: Notice. the proposed rule change as described concern market dominant product(s), in Items I, II, and III below, which Items SUMMARY: The Commission is noticing a applicable statutory and regulatory have been prepared by OCC. OCC filed recent Postal Service filing for the requirements include 39 U.S.C. 3622, 39 the proposed rule change pursuant to Commission’s consideration concerning U.S.C. 3642, 39 CFR part 3030, and 39 Section 19(b)(3)(A) 3 of the Act and Rule negotiated service agreements. This CFR part 3040, subpart B. For request(s) 19b–4(f)(1) 4 thereunder so that the notice informs the public of the filing, that the Postal Service states concern proposal was effective upon filing with invites public comment, and takes other competitive product(s), applicable the Commission. The Commission is administrative steps. statutory and regulatory requirements publishing this notice to solicit DATES: Comments are due: June 8, 2020. include 39 U.S.C. 3632, 39 U.S.C. 3633, comments on the proposed rule change from interested persons. ADDRESSES: Submit comments 39 U.S.C. 3642, 39 CFR part 3035, and electronically via the Commission’s 39 CFR part 3040, subpart B. Comment I. Clearing Agency’s Statement of the Filing Online system at http:// deadline(s) for each request appear in Terms of Substance of the Proposed www.prc.gov. Those who cannot submit section II. Rule Change comments electronically should contact II. Docketed Proceeding(s) OCC proposes to amend Rule 401 to the person identified in the FOR FURTHER modify the implementation and INFORMATION CONTACT section by 1. Docket No(s).: CP2020–157; Filing enforcement timeline for requiring an telephone for advice on filing Title: Notice of United States Postal ‘‘Actionable Identifier’’ to be included alternatives. Service of Filing a Functionally on all customer and non-customer FOR FURTHER INFORMATION CONTACT: Equivalent Global Expedited Package securities options trades submitted to David A. Trissell, General Counsel, at Services 10 Negotiated Service OCC for processing, other than Market- 202–789–6820. Agreement and Application for Non- Maker trades. The proposed changes to SUPPLEMENTARY INFORMATION: Public Treatment of Materials Filed OCC’s Rules are contained in Exhibit 5 Under Seal; Filing Acceptance Date: of the filing. Material proposed to be Table of Contents May 29, 2020; Filing Authority: 39 CFR added to OCC’s Rules as currently in I. Introduction 3035.105; Public Representative: Natalie effect is marked by underlining and II. Docketed Proceeding(s) R. Ward; Comments Due: June 8, 2020. material proposed to be deleted is marked with strikethrough text. All I. Introduction This Notice will be published in the terms with initial capitalization that are The Commission gives notice that the Federal Register. not otherwise defined herein have the Postal Service filed request(s) for the Erica A. Barker, same meaning as set forth in the By- Commission to consider matters related Laws and Rules.5 Secretary. to negotiated service agreement(s). The II. Clearing Agency’s Statement of the request(s) may propose the addition or [FR Doc. 2020–12063 Filed 6–3–20; 8:45 am] Purpose of, and Statutory Basis for, the removal of a negotiated service BILLING CODE 7710–FW–P Proposed Rule Change agreement from the market dominant or the competitive product list, or the In its filing with the Commission, modification of an existing product OCC included statements concerning currently appearing on the market dominant or the competitive product 1 15 U.S.C. 78s(b)(1). list. 2 17 CFR 240.19b–4. 3 Section II identifies the docket 15 U.S.C. 78s(b)(3)(A). 1 See Docket No. RM2018–3, Order Adopting 4 17 CFR 240.19b–4(f)(1). number(s) associated with each Postal Final Rules Relating to Non-Public Information, 5 OCC’s By-Laws and Rules can be found on Service request, the title of each Postal June 27, 2018, Attachment A at 19–22 (Order No. OCC’s public website: http://optionsclearing.com/ Service request, the request’s acceptance 4679). about/publications/bylaws.jsp.

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the purpose of and basis for the the trade should have been sent to Actionable Identifier to promptly clear proposed rule change and discussed any another Carrying Clearing Member. the transaction, subject to the manner in comments it received on the proposed On May 6, 2019, the Commission which OCC enforces violations of its rule change. The text of these statements approved a proposed rule change by rules in Rule 1201. This phased may be examined at the places specified OCC to amend Rule 401 to require that implementation plan was intended to in Item IV below. OCC has prepared an Actionable Identifier be included on provide time for Clearing Members to summaries, set forth in sections (A), (B), all customer and non-customer work together to determine appropriate and (C) below, of the most significant securities options trades submitted to Actionable Identifiers for the accounts aspects of these statements. OCC for processing, other than Market- subject to their CMTA arrangements and Maker trades.8 Actionable Identifier is (A) Clearing Agency’s Statement of the coordinate on processes to include defined in Interpretation and Policy .06 Actionable Identifiers on trades Purpose of, and Statutory Basis for, he to Rule 401 as either the name, series of Proposed Rule Change submitted through the give-up process. numbers, or other identifying Recently, some Clearing Members (1) Purpose information assigned by a Purchasing have requested that OCC delay the Background Clearing Member or Writing Clearing deadline for requiring an Actionable Member to a customer or non-customer Identifier on trades (‘‘Actionable The Clearing Member Trade account (other than a Market-Maker Identifier Deadline’’), which is set for Assignment (‘‘CMTA’’) process at OCC account) at the Clearing Member that June 8, 2020. On this date, OCC would allows a Clearing Member that executed originated the options transaction. The begin to enforce the Actionable a securities options trade (i.e., the introduction of the Actionable Identifier Identifier requirement but would not Executing Clearing Member) to send the requirement was intended to minimize treat as a violation of Rule 401 the trade directly through OCC to another the risks Clearing Members face in failure of a Clearing Member’s policies Clearing Member for clearance and handling trades they cannot timely and procedures to provide that settlement (i.e., the Carrying Clearing identify in connection with the CMTA 6 sufficient information is included in the Member). Under the CMTA process, an process. Actionable Identifier field. Due to the Executing Clearing Member and a The implementation plan for COVID–19 pandemic, many Clearing Carrying Clearing Member can agree to Actionable Identifier requirement, Members are functioning under have securities options trades for which is specified in Interpretation and business continuity plans. OCC has customers and non-customers effected Policy .06 to Rule 401, sets forth the been informed by many Clearing by the Executing Clearing Member sent effective dates for the rule change, Members that because they are directly through OCC to the Carrying providing that: (a) From the date on operating under business continuity Clearing Member’s omnibus accounts at which the Actionable Identifier 7 plans, system enhancements are now OCC for clearance and settlement. One requirement is approved (‘‘approval limited to critical or essential system potential risk that may arise in the date’’) to the end of the twelfth month installations only. As a result, Clearing CMTA process is that Clearing Members from such approval date, OCC will not Members cannot install system may receive customer trades that they treat as a violation of Rule 401 the functionality that will allow them to do not recognize in a timely manner failure to include an Actionable comply with the June 8, 2020 because the trades do not include Identifier or the failure of a Clearing Actionable Identifier Deadline. information that allows them to quickly Member’s policies and procedures to Additionally, Clearing Members require identify the correct customer account at provide that sufficient information is input from floor brokers to implement the Carrying Clearing Member or that included in the Actionable Identifier Actionable Identifier information.9 field to allow the Clearing Member Clearing Members are limited by remote 6 See OCC Rule 407. An ‘‘Executing Clearing receiving such Actionable Identifier to working conditions to coordinate Member’’ is defined in Article I, Section 1.E.(12) of promptly clear the transaction; (b) from the By-Laws as ‘‘a Clearing Member, on its own directly with the floor brokers on the behalf or as the Clearing Member of an Introducing the thirteenth to the end of the changes needed to populate the Broker that has been authorized by a Carrying eighteenth month from such approval identifier on the trades. Given these Clearing Member to direct confirmed trades to be date, an Actionable Identifier will be factors, Clearing Members may require transferred to a designated account of the Carrying required but OCC will not treat as a Clearing Member pursuant to such Clearing additional time to comply with the Members’ CMTA arrangement.’’ A ‘‘Carrying violation of Rule 401 the failure of a requirements of Rule 401(a)(1)(iii) and Clearing Member’’ is defined in Article I, Section Clearing Member’s policies and Interpretation and Policy .06. 1.C.(12) of the By-Laws as ‘‘a Clearing Member that procedures to provide that sufficient has authorized an Executing Clearing Member to information is included in the Proposed Change direct the transfer of a confirmed trade to a designated account of such Carrying Clearing Actionable Identifier field to allow the OCC proposes to amend Interpretation Member pursuant to a CMTA arrangement.’’ Clearing Member receiving such and Policy .06 to Rule 401 to extend the 7 The term ‘‘customer’’ is defined in Article I, Actionable Identifier to promptly clear deadline for requiring Actionable Section 1.C. (37) of the By-Laws with regard to the transaction; and (c) from the listed options as ‘‘a person having a securities Identifiers on all customer and non- account at a broker or dealer other than a non- nineteenth month after such approval customer securities options trades customer of such broker or dealer.’’ The term ‘‘non- date and thereafter, OCC will treat as a submitted to OCC for processing, other customer’’ is defined in Article I, Section 1.N.(1) of violation of Rule 401 the failure to than Market-Maker trades, by an the By-Laws effectively as ‘‘a person that is not a include an Actionable Identifier or the customer of a broker or dealer as defined in Rules additional three months from June 2020 8c–1 and 15c2–1 under the Securities Exchange Act failure of a Clearing Member’s policies to September 2020. OCC believes that of 1934,’’ including ‘‘a Member Affiliate that has and procedures to provide that extending the Actionable Identifier consented to having its securities account at a sufficient information is included in the Deadline by three months will provide Clearing Member treated as a non-customer Actionable Identifier field to allow the account.’’ OCC Clearing Members hold omnibus Clearing Members with the additional accounts at OCC for customer positions (i.e., a Clearing Member receiving such ‘‘customers’ account’’ as defined in Article I, 9 Floor brokers receive and execute trades on Section 1.C.(37) of the By-Laws) and non-customer 8 See Securities Exchange Act Release No. 85779 behalf of customers. Clearing Members and floor positions (i.e., a ‘‘firm account’’ as defined in (May 6, 2019), 84 FR 20689 (May 10, 2019) (SR– brokers will therefore need to coordinate to have an Article I, Section 1.F.(6) of the By-Laws). OCC–2019–003). agreed upon identifier for their various customers.

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time they will need to make the that it would apply to all Clearing Electronic Comment necessary system changes to comply Members equally. The proposed rule • with the requirements of Rule 401. OCC change also would not inhibit access to Use the Commission’s internet believes the proposed rule change is OCC’s services or disadvantage or favor comment form (http://www.sec.gov/ appropriate given current conditions any particular user in relationship to rules/sro.shtml); or caused by the COVID–19 pandemic and another. In this regard, as described • Send an email to rule-comments@ does not believe that changes to the above, the proposed rule change is sec.gov. Please include File Number SR– final implementation deadline of designed to further facilitate the prompt OCC–2020–005 on the subject line. December 7, 2020, are necessary at this and accurate clearance and settlement of Paper Comments time. securities transaction. • Send paper comments in triplicate (2) Statutory Basis (C) Clearing Agency’s Statement on to Secretary, Securities and Exchange Section 17A(b)(3)(F) of the Act 10 Comments on the Proposed Rule Commission, 100 F Street NE, requires, among other things, that the Change Received From Members, Washington, DC 20549–1090. rules of a clearing agency be designed to Participants or Others promote the prompt and accurate All submissions should refer to File clearance and settlement of securities Written comments on the proposed Number SR–OCC–2020–005. This file and derivatives transactions and to rule change were not and are not number should be included on the foster cooperation and coordination intended to be solicited with respect to subject line if email is used. To help the with persons engaged in clearance and the proposed rule change and none have Commission process and review your settlement of securities transactions. been received. comments more efficiently, please use The Actionable Identifier requirements III. Date of Effectiveness of the only one method. The Commission will of Rule 401 are designed to enable Proposed Rule Change and Timing for post all comments on the Commission’s Clearing Members to more promptly and Commission Action internet website (http://www.sec.gov/ accurately clear and settle securities rules/sro.shtml). Copies of the options trades that are subject to CMTA Pursuant to Section 19(b)(3)(A) 14 of submission, all subsequent and give-up arrangements. The the Act, and Rule 19b–4(f)(1) amendments, all written statements proposed rule change would provide thereunder,15 the proposed rule change with respect to the proposed rule additional time for OCC’s Clearing is filed for immediate effectiveness as it change that are filed with the Members to make the necessary system constitutes a stated policy, practice, or Commission, and all written changes to effectively implement interpretation with respect to the communications relating to the Actional Identifiers given the recent meaning, administration, or proposed rule change between the complications caused by the COVID–19 enforcement of an existing rule. The Commission and any person, other than pandemic. In this way, the proposed proposed rule change would modify the those that may be withheld from the rule change is designed to promote the implementation and enforcement dates public in accordance with the prompt and accurate clearance and of rule changes previously approved by provisions of 5 U.S.C. 552, will be settlement of securities transactions and the Commission in OCC filing SR–OCC– available for website viewing and foster cooperation and coordination 2019–003.16 Accordingly, the proposed printing in the Commission’s Public with persons engaged in clearance and rule change constitutes a stated policy, Reference Room, 100 F Street NE, settlement of securities transactions in practice, or interpretation with respect Washington, DC 20549, on official accordance with the requirements of business days between the hours of 11 to the administration and enforcement Section 17A(b)(3)(F). of an existing rule of OCC. 10:00 a.m. and 3:00 p.m. Copies of such In addition, the proposed rule change filing also will be available for is not inconsistent with the existing By- At any time within 60 days of the inspection and copying at the principal Laws and Rules of OCC, including any filing of the proposed rule change, the office of OCC and on OCC’s website at rules proposed to be amended. Commission summarily may https://www.theocc.com/about/ temporarily suspend such rule change if publications/bylaws.jsp. (B) Clearing Agency’s Statement on it appears to the Commission that such All comments received will be posted Burden on Competition action is necessary or appropriate in the without change. Persons submitting Section 17A(b)(3)(I) of the Act 12 public interest, for the protection of comments are cautioned that we do not requires that the rules of a clearing investors, or otherwise in furtherance of redact or edit personal identifying agency not impose any burden on the purposes of the Act.17 competition not necessary or information from comment submissions. appropriate in furtherance of the Act. IV. Solicitation of Comments You should submit only information OCC does not believe that the proposed that you wish to make available Interested persons are invited to publicly. rule change would impact or impose submit written data, views and All submissions should refer to File any burden on competition. The arguments concerning the foregoing, Number SR–OCC–2020–005 and should proposed rule change would provide including whether the proposed rule be submitted on or before June 25, 2020. Clearing Members with additional time change is consistent with the Act. to comply with the Actionable Identifier Comments may be submitted by any of For the Commission, by the Division of requirements previously approved by the following methods: Trading and Markets, pursuant to delegated the Commission.13 The proposed rule authority.18 change would not affect the competitive 14 J. Matthew DeLesDernier, dynamics between Clearing Members in 15 U.S.C. 78s(b)(3)(A). 15 17 CFR 240.19b–4(f)(1). Assistant Secretary. 16 See supra note 8. [FR Doc. 2020–12018 Filed 6–3–20; 8:45 am] 10 15 U.S.C. 78q–1(b)(3)(F). 17 Notwithstanding its immediate effectiveness, BILLING CODE 8011–01–P 11 Id. implementation of this rule change will be delayed 12 15 U.S.C. 78q–1(b)(3)(I). until this change is deemed certified under CFTC 13 See supra note 8. Rule 40.6. 18 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE approximately $57,661 incurred in declaring that it has ceased to be an COMMISSION connection with the reorganization were investment company. The applicant has paid by the applicant. transferred its assets to Eaton Vance [Investment Company Act Release No. Filing Date: The application was filed 33889] Municipal Bond Fund and, on March on March 6, 2020. 22, 2019, made a final distribution to its Notice of Applications for Applicant’s Address: jdamon@ shareholders based on net asset value. Deregistration Under Section 8(f) of the eatonvance.com. Expenses of approximately $138,760 Investment Company Act of 1940 Eaton Vance Massachusetts Municipal incurred in connection with the Bond Fund [File No. 811–21225] reorganization were paid by the May 29, 2020. applicant and the applicant’s The following is a notice of Summary: Applicant, a closed-end investment adviser. applications for deregistration under investment company, seeks an order Filing Date: The application was filed section 8(f) of the Investment Company declaring that it has ceased to be an on March 13, 2020. Act of 1940 for the month of May 2020. investment company. The applicant has Applicant’s Address: jdamon@ A copy of each application may be transferred its assets to Eaton Vance eatonvance.com. obtained via the Commission’s website Municipal Bond Fund and, on by searching for the file number, or for December 14, 2018, made a final Eaton Vance New Jersey Municipal an applicant using the Company name distribution to its shareholders based on Bond Fund [File No. 811–21229] box, at http://www.sec.gov/search/ net asset value. Expenses of Summary: Applicant, a closed-end search.htm or by calling (202) 551– approximately $31,640 incurred in investment company, seeks an order 8090. An order granting each connection with the reorganization were declaring that it has ceased to be an application will be issued unless the paid by the applicant. investment company. The applicant has SEC orders a hearing. Interested persons Filing Date: The application was filed transferred its assets to Eaton Vance may request a hearing on any on March 6, 2020. Municipal Bond Fund and, on January application by emailing the SEC’s Applicant’s Address: jdamon@ 18, 2019, made a final distribution to its Secretary at [email protected] eatonvance.com. shareholders based on net asset value. and serving the relevant applicant with Eaton Vance Michigan Municipal Bond Expenses of approximately $47,903 a copy of the request by email, if an Fund [File No. 811–21224] incurred in connection with the email address is listed for the relevant reorganization were paid by the Summary: Applicant, a closed-end applicant below, or personally or by applicant and the applicant’s investment company, seeks an order mail, if a physical address is listed for investment adviser. the relevant applicant below. Hearing declaring that it has ceased to be an investment company. The applicant has Filing Date: The application was filed requests should be received by the SEC on March 13, 2020. by 5:30 p.m. on June 23, 2020, and transferred its assets to Eaton Vance Municipal Bond Fund and, on Applicant’s Address: jdamon@ should be accompanied by proof of eatonvance.com. service on applicants, in the form of an December 14, 2018, made a final affidavit or, for lawyers, a certificate of distribution to its shareholders based on Eaton Vance New Jersey Municipal service. Pursuant to Rule 0–5 under the net asset value. Expenses of Income Trust [File No. 811–09155] approximately $25,986 incurred in Act, hearing requests should state the Summary: Applicant, a closed-end nature of the writer’s interest, any facts connection with the reorganization were paid by the applicant. investment company, seeks an order bearing upon the desirability of a declaring that it has ceased to be an hearing on the matter, the reason for the Filing Date: The application was filed on February 28, 2020. investment company. The applicant has request, and the issues contested. transferred its assets to Eaton Vance Persons who wish to be notified of a Applicant’s Address: jdamon@ eatonvance.com. Municipal Income Trust and, on hearing may request notification by February 22, 2019, made a final writing to the Commission’s Secretary at Eaton Vance Michigan Municipal distribution to its shareholders based on [email protected]. Income Trust [File No. 811–09153] net asset value. Expenses of ADDRESSES: The Commission: Summary: Applicant, a closed-end approximately $75,157 incurred in [email protected]. investment company, seeks an order connection with the reorganization were FOR FURTHER INFORMATION CONTACT: declaring that it has ceased to be an paid by the applicant. Shawn Davis, Assistant Director, at investment company. The applicant has Filing Date: The application was filed (202) 551–6413 or Chief Counsel’s transferred its assets to Eaton Vance on March 13, 2020. Office at (202) 551–6821; SEC, Division Municipal Income Trust and, on Applicant’s Address: jdamon@ of Investment Management, Chief December 14, 2018, made a final eatonvance.com. Counsel’s Office, 100 F Street NE, distribution to its shareholders based on Eaton Vance Ohio Municipal Bond Washington, DC 20549–8010. net asset value. Expenses of Fund [File No. 811–21226] approximately $38,001 incurred in Eaton Vance California Municipal Bond Summary: Applicant, a closed-end Fund II [File No. 811–21217] connection with the reorganization were paid by the applicant. investment company, seeks an order Summary: Applicant, a closed-end Filing Date: The application was filed declaring that it has ceased to be an investment company, seeks an order on March 6, 2020. investment company. The applicant has declaring that it has ceased to be an Applicant’s Address: jdamon@ transferred its assets to Eaton Vance investment company. The applicant has eatonvance.com. Municipal Bond Fund and, on January transferred its assets to Eaton Vance 18, 2019, made a final distribution to its California Municipal Bond Fund and, Eaton Vance Municipal Bond Fund II shareholders based on net asset value. on December 14, 2018, made a final [File No. 811–21219] Expenses of approximately $50,663 distribution to its shareholders based on Summary: Applicant, a closed-end incurred in connection with the net asset value. Expenses of investment company, seeks an order reorganization were paid by the

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applicant and the applicant’s declaring that it has ceased to be an Applicant’s Address: dglatz@ investment adviser. investment company. On August 29, stradley.com. Filing Date: The application was filed 2019, applicant made a final liquidating For the Commission, by the Division of on March 11, 2020. distribution to its shareholders based on Investment Management, pursuant to Applicant’s Address: jdamon@ net asset value. Expenses of $90,116 delegated authority. eatonvance.com. incurred in connection with the J. Matthew DeLesDernier, Eaton Vance Ohio Municipal Income liquidation were paid by applicant. Assistant Secretary. Trust [File No. 811–09149] Applicant also has retained $18,531 in [FR Doc. 2020–12006 Filed 6–3–20; 8:45 am] a Federated US Treasury Reserve Fund BILLING CODE 8011–01–P Summary: Applicant, a closed-end for the purpose of paying outstanding investment company, seeks an order debts. declaring that it has ceased to be an Filing Dates: The application was SECURITIES AND EXCHANGE investment company. The applicant has filed on August 31, 2018, and amended COMMISSION transferred its assets to Eaton Vance on November 22, 2019 and May 26, Municipal Income Trust and, on January 2020. [Release No. 34-88972; File No. SR– 18, 2019, made a final distribution to its Applicant’s Address: msiciliano@ NYSECHX–2020–18] shareholders based on net asset value. dhblair.com. Self-Regulatory Organizations; NYSE Expenses of approximately $53,456 Chicago, Inc.; Notice of Filing and incurred in connection with the Nuveen Connecticut Quality Municipal Income Fund [File No. 811–07606] Immediate Effectiveness of Proposed reorganization were paid by the Rule Change To Amend the Services Summary: Applicant, a closed-end applicant. Available to Users That Use Co- Filing Date: The application was filed investment company, seeks an order location Services in the Mahwah, New on February 28, 2020. declaring that it has ceased to be an Jersey Data Center Applicant’s Address: jdamon@ investment company. The applicant has eatonvance.com. transferred its assets to Nuveen AMT- May 29, 2020. Free Municipal Credit Income Fund 1 Eaton Vance Pennsylvania Municipal Pursuant to Section 19(b)(1) of the and, on November 15, 2019, made a Bond Fund [File No. 811–21227] Securities Exchange Act of 1934 (the final distribution to its shareholders ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Summary: Applicant, a closed-end based on net asset value. Expenses of notice is hereby given that, on May 22, investment company, seeks an order $601,677 incurred in connection with 2020, the NYSE Chicago, Inc. (‘‘NYSE declaring that it has ceased to be an the reorganization were paid by the Chicago’’ or the ‘‘Exchange’’) filed with investment company. The applicant has applicant. the Securities and Exchange transferred its assets to Eaton Vance Filing Date: The application was filed Commission (the ‘‘Commission’’) the Municipal Bond Fund and, on January on March 12, 2020. proposed rule change as described in 18, 2019, made a final distribution to its Applicant’s Address: dglatz@ Items I and II below, which Items have shareholders based on net asset value. stradley.com. been prepared by the self-regulatory Expenses of approximately $53,978 organization. The Commission is incurred in connection with the Nuveen Emerging Markets Debt 2025 Term Fund [File No. 811–23335] publishing this notice to solicit reorganization were paid by the comments on the proposed rule change applicant and applicant’s investment Summary: Applicant, a closed-end from interested persons. adviser. investment company, seeks an order Filing Date: The application was filed declaring that it has ceased to be an I. Self-Regulatory Organization’s on March 13, 2020. investment company. Applicant has Statement of the Terms of Substance of Applicant’s Address: jdamon@ never made a public offering of its the Proposed Rule Change eatonvance.com. securities and does not propose to make The Exchange proposes to amend the a public offering or engage in business Eaton Vance Pennsylvania Municipal services available to Users that use co- of any kind. Income Trust [File No. 811–09151] location services in the Mahwah, New Filing Date: The application was filed Jersey data center to add the NMS Summary: Applicant, a closed-end on March 10, 2020. network to connect to the NMS feeds. investment company, seeks an order Applicant’s Address: dglatz@ The proposed rule change is available declaring that it has ceased to be an stradley.com. on the Exchange’s website at investment company. The applicant has Nuveen North Carolina Quality www.nyse.com, at the principal office of transferred its assets to Eaton Vance Municipal Income Fund [File No. 811– the Exchange, and at the Commission’s Municipal Income Trust and, on January 07608] Public Reference Room. 18, 2019, made a final distribution to its shareholders based on net asset value. Summary: Applicant, a closed-end II. Self-Regulatory Organization’s Expenses of approximately $48,323 investment company, seeks an order Statement of the Purpose of, and incurred in connection with the declaring that it has ceased to be an Statutory Basis for, the Proposed Rule reorganization were paid by the investment company. The applicant has Change applicant. transferred its assets to Nuveen AMT- In its filing with the Commission, the Filing Date: The application was filed Free Quality Municipal Income Fund self-regulatory organization included on February 28, 2020. and, on November 15, 2019, made a statements concerning the purpose of, Applicant’s Address: jdamon@ final distribution to its shareholders and basis for, the proposed rule change eatonvance.com. based on net asset value. Expenses of and discussed any comments it received $611,734 incurred in connection with on the proposed rule change. The text Engex, Incorporated [File No. 811– the reorganization were paid by the 01639] applicant. 1 15 U.S.C.78s(b)(1). Summary: Applicant, a closed-end Filing Date: The application was filed 2 15 U.S.C. 78a. investment company, seeks an order on March 12, 2020. 3 17 CFR 240.19b–4.

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of those statements may be examined at comes with their connection to the local The Exchange offers Users the places specified in Item IV below. area network. connectivity to the SIAC SIP The Exchange has prepared summaries, The Exchange has been authorized to environment at no additional charge set forth in sections A, B, and C below, build the NMS network in the Mahwah when a User purchases access to a 10 Gb of the most significant parts of such data center that will only connect to the or 40 Gb LCN or IP network.11 In statements. NMS feeds. The new network will connection with the services available connect to the NMS feeds faster than A. Self-Regulatory Organization’s over the local area networks, the SIAC either of the existing local area Statement of the Purpose of, and the feeds are referred to as the ‘‘NMS networks. Because a User currently Statutory Basis for, the Proposed Rule feeds.’’ As described in General Note 4 needs to purchase a service that Change of the Fee Schedule, when a User includes access to one of the two local purchases access to the LCN or IP 1. Purpose area networks in the data center via network, it receives connectivity to Overview either a 10 Gb or 40 Gb connection to certain market data products (the connect to the NMS feeds, the Exchange ‘‘Included Data Products’’) that it The Exchange proposes to amend its proposes to expand that service to 4 5 selects, subject to technical provisioning co-location services to provide Users include the option to also connect to the requirements and authorization from the with an alternate, dedicated network NMS network via a same-sized provider of the data feed. The NMS connection to access the NMS feeds (the connection at no additional charge. feeds are included in the list of the ‘‘NMS network’’) for which the Accordingly, with this proposed rule Included Data Products that come with Securities Industry Automation change, Users will have the option to connections to the LCN or IP network. Corporation (‘‘SIAC’’) is engaged as the use the NMS network or either of the The remaining Included Data Products securities information processor (‘‘SIP’’). existing local area networks to connect are proprietary feeds of the Exchange The Commission recently approved to the NMS feeds. The Exchange is not and its Affiliate SROs (together, the similar filings by each Affiliate SRO.6 proposing any changes to its fees. ‘‘NYSE Exchanges’’). As described below, today Users can Because the NMS network has been A User that purchases access to the connect to Regulation NMS equities and built and tested and is ready to be 7 LCN or IP network also receives the options feeds disseminated by the SIP implemented, subject to effectiveness of ability to access the trading and using either one of two co-location local this proposed rule change, the Exchange execution systems of the NYSE area networks. Currently, a User would proposes to implement the NMS Exchanges (the ‘‘Exchange Systems’’) need to purchase a service that includes network as soon as practicable. The and the trading and execution systems either a 10 Gigabit (‘‘Gb’’) or 40 Gb Exchange will announce the of OTC Global, an alternative trading connection to access a local area implementation date through a system (‘‘ATS’’), subject, in each case, to network in order to connect to the NMS customer notice. feeds.8 Users do not pay an additional authorization by the relevant entity.12 charge to connect to the NMS feeds: It Background Accordingly, without paying an The Exchange’s affiliate, SIAC, is additional connectivity fee, a User that 4 The Exchange initially filed rule changes engaged as the SIP for three separate purchases access to either the LCN or IP relating to its co-location services with the Commission in 2019. See Securities Exchange Act Regulation NMS plans (collectively, the network can use such network to: Release No. 87408 (October 28, 2019), 84 FR 58778 ‘‘NMS Plans’’).9 SIAC operates as the 1. Access the trading and execution (November 1, 2019) (SR–NYSECHX–2019–12). The SIP for the NMS Plans in the same data services of five registered exchanges Exchange operates a data center in Mahwah, New center where the Exchange and its Jersey (the ‘‘data center’’) from which it provides (five equities markets, two options co-location services to Users. Affiliate SROs operate. In that data markets, and a fixed income market) 5 For purposes of the Exchange’s co-location center, Users can access SIAC as the SIP and an ATS; services, a ‘‘User’’ means any market participant over the same network connections that requests to receive co-location services directly through which they access other 2. Connect to the market data of five from the Exchange. Id. at note 6. As specified in the registered exchanges (five equities Fee Schedule of NYSE Chicago (the ‘‘Fee services. Specifically, a User can access the SIAC SIP environment via either the exchanges, two options markets, and a Schedule’’), a User that incurs co-location fees for fixed income market); and a particular co-location service pursuant thereto internet protocol (‘‘IP’’) network or the would not be subject to co-location fees for the Liquidity Center Network (‘‘LCN’’), 3. Connect to the NMS feeds. same co-location service charged by the Exchange’s affiliates the New York Stock Exchange LLC which are the local area networks in the A User may connect to the NMS feeds 10 (‘‘NYSE’’), NYSE American LLC (‘‘NYSE data center. through the IP network or LCN. Until American’’), NYSE Arca, Inc. (‘‘NYSE Arca’’), and recently the operating committee for the NYSE National, Inc. (‘‘NYSE National’’ and, 9 SIAC has been engaged as the SIP to, among CTA and CQ Plans (‘‘CTA/CQ Plans’’) together, the ‘‘Affiliate SROs’’). See id. at 58779. other things, receive, process, validate and 6 See Securities Exchange Act Release No. 88837 disseminate: (1) Last-sale price information in Tape mandated use of the IP network to 13 (May 7, 2020) (‘‘Approval Order’’), approving A and Tape B-listed securities pursuant to the CTA access the NMS feeds. As a result, all Securities Exchange Act Release Nos. 87927 Plan (‘‘CTA Plan’’), which is available here: https:// LCN connections to the NMS feeds go (January 9, 2020), 85 FR 2468 (January 15, 2020) www.nyse.com/publicdocs/ctaplan/notifications/ through the IP network before reaching (SR–NYSE–2019–46); 87929 (January 9, 2020), 85 trader-update/CTA%20Plan%20-%20Composite FR 2453 (January 15, 2020) (SR–NYSEAmer–2019– %20as%20of%20August%2027,%202018.pdf; (2) 34); 87928 (January 9, 2020), 85 FR 2447 (January quotation information in Tape A and B-listed 11 The range of LCN and IP network connectivity 15, 2020) (SR–NYSEArca–2019–61); and 87930 securities pursuant to the CQ Plan (‘‘CQ Plan’’), options, including the bandwidth and latency (January 9, 2020), 85 FR 2459 (January 15, 2020) which is available here: https://www.nyse.com/ profile of the applicable networks, are described on (SR–NYSENAT–2019–19) (Notices of filing publicdocs/ctaplan/notifications/trader-update/ the Fee Schedule. Amendment No. 1). CQ_Plan_Composite_as_of_July_9_2018.pdf; and (3) 12 See id. Information regarding the Included Data 7 The NMS feeds include the Consolidated Tape quotation and last-sale price information in all Products is currently set forth in the second System and Consolidated Quote System data exchange options trading pursuant to the OPRA paragraph of General Note 4. streams, as well as Options Price Reporting Plan (‘‘OPRA Plan’’), which is available here: 13 The Operating Committee of the CTA/CQ Plans Authority (‘‘OPRA’’) feeds. https://uploads-ssl.webflow.com/5ba40927 mandated the use of the IP network to access the 8 Because of the volume of data, a 1 Gb ac854d8c97bc92d7/5bf419a6b7c4f5085340f9af_ NMS feeds because the IP network was built as a connection is not sufficient to connect to an NMS opra_plan.pdf. secure network designed for resiliency and feed. 10 See 84 FR 58778, supra note 5, at 58780. redundancy.

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the NMS feeds,14 and so using the LCN Even though the NMS network will bundles. In order to implement the to connect to an NMS feed is slower provide access only to the NMS feeds, proposed change, the Exchange than using the IP network.15 the Exchange is funding the build of the proposes the following amendments to NMS network and is not being Exchange Rules that describe the Alternate, Dedicated Network reimbursed for such expenses by either following services in co-location: Connection for NMS Feeds CTA or OPRA. The Exchange’s capital • In the column titled ‘‘Type of As the SIP for the NMS Plans, SIAC expenditure costs for the build are Service,’’ the Exchange proposes to continually assesses the services it estimated to be $3.8 million, which amend the text describing the 10 Gb and provides and has been working with the includes procurement of new low- 40 Gb LCN and IP Network Access operating committees of the NMS Plans latency network switches, network options to include text referencing the and the industry-based advisory devices, and analytics tools and the one- NMS network. committee to the CTA/CQ Plans to time operational expenditures to build • In the column titled ‘‘Description,’’ identify potential performance this new network. In addition to this the Exchange proposes to amend the enhancements. Among other initiatives, initial estimated approximately $3.8 descriptions of the 10 Gb LX LCN this group identified that, because the IP million outlay, the Exchange anticipates Circuit, 40 Gb LCN Circuit, Partial network was not designed as a low- that the ongoing costs to maintain and Cabinet Solution bundle Option C and latency network, the requirement to use operate the NMS network will be Option D, 10 Gb IP Network Circuit and the IP network to access the NMS feeds approximately $215,000 annually. 40 Gb IP Network Circuit to include text introduces a layer of latency. Proposed Amendment To Add the NMS referencing the specific NMS Network To reduce network latency, the Network connection that would be part of the Exchange sought and received approval service. In addition, because the The proposed structure for the NMS from the operating committees for the descriptions of the LCN and IP network network has been designed so that the CTA/CQ Plans to build an alternate to services do not currently reference services available in co-location would the LCN and IP network to connect to either ‘‘LCN’’ or ‘‘IP Network,’’ be expanded so that a User can opt to the NMS feeds.16 As approved by the connect to the NMS network at no respectively, the Exchange proposes to CTA/CQ Plans, the Exchange built the add text references as applicable. additional charge. • NMS network, a low-latency network in To effect the proposed change, the Finally, the Exchange proposes to the data center that will provide Users Exchange proposes to amend the amend text in the column titled with dedicated access to the NMS services available in co-location to ‘‘Amount of Charge’’ to specify that the 17 feeds. provide that if a User purchases a current initial and monthly recurring The Exchange currently anticipates service that includes a 10 Gb or 40 Gb charges would not change and that for that the low-latency network will have connection to access either local area purposes of such charges, the existing a one-way reduction in latency to access network, that access would include a local area network connection and NMS the NMS feeds from the IP network and connection to the NMS network of the network connection would be together LCN of over 140 microseconds. same size. Although the Exchange is considered one connection. These text Consistent with the current funding and expanding the types of changes would make clear that Users bandwidth needs to connect to the NMS local area network connections that would not be subject to two initial or feeds, connections to the NMS network would be available in the data center, two monthly charges. The Partial will be available in 10 Gb and 40 Gb the Exchange does not propose to Cabinet Solution bundle description circuits. Because the NMS network will change any of the fees related to already indicates that the charges are be an alternate network to access the purchasing a service that includes a ‘‘per bundle’’ and therefore no similar NMS feeds, once it is available, Users connection to a local area network. clarifying language is proposed. would have the choice between More specifically, the services The Exchange proposes to set forth continuing to use the LCN or IP network available in co-location currently these changes as follows (proposed new to connect to NMS feeds or switching to include LCN Access, IP Network text italicized and proposed text for the NMS network. Access, and Partial Cabinet Solution deletion in brackets):

Type of service Description Amount of charge

LCN and NMS Network Access ...... 10 Gb LX LCN Circuit and 10 Gb NMS $15,000 initial charge per connection [initial charge] to Network Circuit. both the LCN and NMS Network plus $22,000 monthly charge per connection to both the LCN and NMS Network. For purposes of these charges, the LCN Circuit and NMS Network Circuit are together considered to be one connection, and so Users are not subject to two initial or two monthly charges. LCN and NMS Network Access ...... 40 Gb LCN Circuit and 40 Gb NMS Net- $15,000 initial charge per connection [initial charge] to work Circuit. both the LCN and NMS Network plus $22,000 monthly charge per connection to both the LCN and NMS Network.

14 By contrast, the LCN does not connect to the 16 The alternate network to access the NMS feeds transmitting and receiving data. Users that are not IP network for access to the Exchange Systems or will not be available outside of the data center. participants of the NMS Plans could use this connectivity to the other Included Data Products. 17 Because SIAC, as the SIP for the NMS Plans, alternate network connection for purposes of 15 A User that uses the LCN to connect to an NMS is also responsible for collecting data from the receiving data. This alternate network would not be participants of the CTA/CQ Plans and members of feed does not need to separately purchase an IP available to connect to the other Included Data the OPRA Plan, Users that are participants of the Products or to access the Exchange Systems or network connection. applicable NMS Plans could use this alternate network connection for purposes of both Global OTC.

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Type of service Description Amount of charge

For purposes of these charges, the LCN Circuit and NMS Network Circuit are together considered to be one connection, and so Users are not subject to two initial or two monthly charges. Partial Cabinet Solution bundles ...... No change ...... No change. Note: A User and its Affiliates are limited No change ...... No change. to one Partial Cabinet Solution bundle at a time. A User and its Affiliates must have an Aggregate Cabinet Footprint of 2 kW or less to qualify for a Partial Cab- inet Solution bundle. See Note 2 under ‘‘General Notes.’’. Option C: ...... No change. 1 kW partial cabinet, 1 LCN connection (10 Gb LX), 1 IP network connection (10 Gb), 2 NMS Network connections (10 Gb each), 2 fiber cross connections and either the Network Time Protocol Feed or Precision Timing Protocol. Option D: ...... No change. 2 kW partial cabinet, 1 LCN connection (10 Gb LX), 1 IP network connection (10 Gb), 2 NMS Network connections (10 Gb each), 2 fiber cross connections and either the Network Time Protocol Feed or Precision Timing Protocol. IP Network and NMS Network Access ...... 10 Gb IP Network Circuit and 10 GB $10,000 initial charge per connection [initial charge] to NMS Network Circuit. both the IP Network and NMS Network plus $11,000 monthly charge per connection to both the IP Net- work and NMS Network. For purposes of these charges, the IP Network Circuit and NMS Network Circuit are together considered to be one connection, and so Users are not subject to two initial or two monthly charges. IP Network and NMS Network Access ...... 40 Gb IP Network Circuit and 40 Gb $10,000 initial charge per connection [initial charge]to NMS Network Circuit. both the IP Network and NMS Network plus $18,000 monthly charge per connection to both the IP Net- work and NMS Network. For purposes of these charges, the IP Network Circuit and NMS Network Circuit are together considered to be one connection, and so Users are not subject to two initial or two monthly charges.

As noted above, Users that purchase the LCN or IP network, the Exchange purchases a service that includes access access to the LCN or IP Network proposes a non-substantive amendment to the NMS Network, upon its request currently can use such networks to to the first sentence of this note to add it would receive connectivity to the connect to the NMS feeds. Once the the phrase ‘‘a service that includes.’’ NMS network and any of the NMS feeds NMS Network is available, Users can Second, the Exchange proposes that that it selects, subject to any technical continue to use either their existing LCN the current second paragraph of Note 4 provisioning requirements and or IP Network connection or the new and following table would be authorization from the provider of the NMS network connection to connect to renumbered as Note 5. As the paragraph data feed. Consistent with existing Note the NMS feeds. does currently, Note 5 would specify the 4 (proposed Note 5), Note 6 would The Exchange proposes to amend the Included Data Products that a User can provide that market data fees for the current General Note 4 to describe what connect to if it purchases a service that NMS feeds would be charged by the a User obtains when it purchases a includes access to the LCN or IP provider of the NMS data feed. The service that includes access to the LCN, network. Similar to the proposed proposed note would further state that IP network, or NMS Network. amendment to the first sentence of Note the NMS Network would provide First, the Exchange proposes to split 4, the Exchange proposes a non- connectivity to the NMS feeds only. current Note 4 into three separate notes. substantive amendment to add the The first paragraph of current Note 4 phrase ‘‘a service that includes’’ to the Expected Application of the Proposed would continue to be numbered Note 4, first sentence of new Note 5. In Change and would specify which trading and addition, the Exchange proposes a non- execution services a User can access substantive amendment to the table to The proposed NMS network would be when it purchases a service that clarify that the NMS feeds are the CTA, available to all Users that purchase a includes access to the LCN or IP CQ, and OPRA feeds. service that includes a 10 Gb or 40 Gb network, which are not changing. Finally, the Exchange proposes new connection to access either the LCN or Because the services that a User Note 6, which would describe in more IP network, which are the networks purchases may include access to the detail the NMS network. As proposed, currently available to provide NMS network in addition to access to Note 6 would provide that when a User connections to the NMS feeds.

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General The Exchange believes that the Accordingly, the proposed rule change proposed change to include access to would expand the services available in As is the case with all Exchange co- the NMS network as part of existing co-location without changing any fees location arrangements, (i) neither a User services available in co-location would for the existing services, or adding fees nor any of the User’s customers would remove impediments to, and perfect the for the expanded services. All Users be permitted to submit orders directly to mechanisms of, a free and open market would have access to the NMS network the Exchange unless such User or and a national market system and, in and it would be their choice of whether customer is a member organization, a general, protect investors and the public and at what level to subscribe to such Sponsored Participant or an agent interest because, by offering access to services, including whether to utilize thereof (e.g., a service bureau providing the dedicated, low-latency NMS the NMS network connection. order entry services); (ii) use of the co- network, the Exchange will be providing Accordingly, the Exchange does not location services proposed herein would Users with an additional option to believe that the proposed rule change be completely voluntary and available connect to the NMS feeds. Until would place any User at a relative to all Users on a non-discriminatory recently, SIAC was required to provide 18 disadvantage compared to other Users. basis; and (iii) a User would only connectivity to the NMS feeds via only incur one charge for the particular co- the IP network. As recently approved by C. Self-Regulatory Organization’s location service described herein, the operating committees for the CTA/ Statement on Comments on the regardless of whether the User connects CQ Plans, SIAC is now authorized to Proposed Rule Change Received From only to the Exchange or to the Exchange offer connectivity to the NMS feeds in Members, Participants, or Others and one or more of the Affiliate SROs.19 the data center via an alternate, No written comments were solicited 2. Statutory Basis dedicated, low-latency NMS network. or received with respect to the proposed The proposed NMS network has been rule change. The Exchange believes that the designed consistent with this directive III. Date of Effectiveness of the proposed rule change is consistent with and will provide greater choice to Users 20 Proposed Rule Change and Timing for Section 6(b) of the Act, in general, and that are seeking a low-latency network furthers the objectives of Sections to connect to the NMS feeds. In Commission Action 6(b)(5) of the Act,21 in particular, addition, the proposed rule change is The Exchange has filed the proposed because it is designed to prevent identical to the proposals approved for rule change pursuant to Section fraudulent and manipulative acts and the Affiliate SROs.22 The proposal 19(b)(3)(A)(iii) of the Act 23 and Rule practices, to promote just and equitable therefore would provide market 19b–4(f)(6) thereunder.24 Because the principles of trade, to foster cooperation participants the ability to obtain proposed rule change does not: (i) and coordination with persons engaged consolidated market data in a more Significantly affect the protection of in regulating, clearing, settling, timely manner, which would enhance investors or the public interest; (ii) processing information with respect to, the utility of this critical component of impose any significant burden on and facilitating transactions in the national market system for the competition; and (iii) become operative securities, to remove impediments to, benefit of market participants and prior to 30 days from the date on which and perfect the mechanisms of, a free investors that rely upon access to it was filed, or such shorter time as the and open market and a national market consolidated market data to effectuate Commission may designate, if system and, in general, to protect trades and otherwise have confidence in consistent with the protection of investors and the public interest and the efficiency and integrity of that investors and the public interest, the because it is not designed to permit system. proposed rule change has become unfair discrimination between For these reasons, the Exchange effective pursuant to Section 19(b)(3)(A) customers, issuers, brokers, or dealers. believes that the proposal is consistent of the Act and Rule 19b–4(f)(6)(iii) with the Act. thereunder. 18 As is currently the case, Users that receive co- A proposed rule change filed under B. Self-Regulatory Organization’s 25 location services from the Exchange will not receive Statement on Burden on Competition Rule 19b–4(f)(6) normally does not any means of access to the Exchange’s trading and become operative prior to 30 days after execution systems that is separate from, or superior The Exchange does not believe that to, that of other Users. In this regard, all orders sent the date of the filing. However, pursuant the proposed rule change will impose 26 to the Exchange enter the Exchange’s trading and to Rule 19b4(f)(6)(iii), the Commission execution systems through the same order gateway, any burden on competition that is not may designate a shorter time if such regardless of whether the sender is co-located in the necessary or appropriate in furtherance action is consistent with the protection data center or not. In addition, co-located Users do of the purposes of the Act. The of investors and the public interest. The not receive any market data or data service product Exchange believes that the proposed that is not available to all Users, although Users that Exchange has requested the Commission receive co-location services normally would expect rule change would not impose any to waive the 30-day operative delay so reduced latencies in sending orders to, and burden on competition because it is not that the proposal may become operative receiving market data from, the Exchange. designed to address any competitive immediately upon filing. The Exchange 19 See 84 FR 58778, supra note 5, at 58779. The issues. As described above, SIAC is the NYSE, NYSE American, NYSE Arca, and NYSE believes that such waiver would be National rule changes approved by the Commission single plan processor for Tape A and B consistent with the protection of in the Approval Order all contained substantially equities securities and all options investors and the public interest the same changes described herein. See Securities securities and does not currently because the waiver of the operative Exchange Act Release Nos. Nos. 87927 (January 9, compete with any other providers for 2020), 85 FR 2468 (January 15, 2020) (SR–NYSE– delay would allow the Exchange to 2019–46); 87929 (January 9, 2020), 85 FR 2453 these processor services. The proposed provide Users with access to the NMS (January 15, 2020) (SR–NYSEAmer–2019–34); rule change would amend the services network on the same schedule as the 87928 (January 9, 2020), 85 FR 2447 (January 15, available in co-location to include the Affiliate SROs, for which the proposed 2020) (SR–NYSEArca–2019–61); and 87930 NMS network when a User purchases a (January 9, 2020), 85 FR 2459 (January 15, 2020) (SR–NYSENAT–2019–19) (Notices of filing 10 Gb or 40 Gb connection to access 23 15 U.S.C. 78s(b)(3)(A)(iii). Amendment No. 1). either local area network service. 24 17 CFR 240.19b–4(f)(6). 20 15 U.S.C. 78f(b). 25 17 CFR 240.19b–4(f)(6). 21 15 U.S.C. 78f(b)(5). 22 See Approval Order, supra note 6. 26 17 CFR 240.19b–4(f)(6)(iii).

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rule change has already been approved internet website (http://www.sec.gov/ DATES: The system of records notice in the Approval Order. The Exchange rules/sro.shtml). Copies of the (SORN) is applicable upon its notes that the technology for the NMS submission, all subsequent publication in today’s Federal Register, network was available in production on amendments, all written statements with the exception of the routine uses, May 18, 2020. The Exchange states that with respect to the proposed rule which are effective July 6, 2020. We waiver of the operative delay would change that are filed with the invite public comment on the routine allow the Exchange to implement the Commission, and all written uses or other aspects of this SORN. In NMS network without delay, thus communications relating to the accordance with 5 U.S.C. 552a(e)(4) and enhancing the performance of the CTA/ proposed rule change between the (e)(11), the public is given a 30-day CQ and OPRA SIPs. For those reasons, Commission and any person, other than period in which to submit comments. the Commission believes that waiving those that may be withheld from the Therefore, please submit any comments the 30-day operative delay is consistent public in accordance with the by July 6, 2020. with the protection of investors and the provisions of 5 U.S.C. 552, will be ADDRESSES: The public, Office of public interest. Accordingly, the available for website viewing and Management and Budget (OMB), and Commission waives the 30-day printing in the Commission’s Public Congress may comment on this operative delay and designates the Reference Room, 100 F Street NE, publication by writing to the Executive proposed rule change operative upon Washington, DC 20549 on official Director, Office of Privacy and filing.27 business days between the hours of Disclosure, Office of the General At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the Counsel, SSA, Room G–401 West High filing of such proposed rule change, the filing also will be available for Rise, 6401 Security Boulevard, Commission summarily may inspection and copying at the principal Baltimore, Maryland 21235–6401, or temporarily suspend such rule change if office of the Exchange. All comments through the Federal e-Rulemaking Portal it appears to the Commission that such received will be posted without change. at http://www.regulations.gov, please action is necessary or appropriate in the Persons submitting comments are reference docket number SSA–2020– public interest, for the protection of cautioned that we do not redact or edit 0004. All comments we receive will be investors, or otherwise in furtherance of personal identifying information from available for public inspection at the the purposes of the Act. If the comment submissions. You should above address and we will post them to Commission takes such action, the submit only information that you wish http://www.regulations.gov. Commission shall institute proceedings to make available publicly. All 28 FOR FURTHER INFORMATION CONTACT: under Section 19(b)(2)(B) of the Act to submissions should refer to File determine whether the proposed rule Anthony Tookes, Government Number SR–NYSECHX–2020–18 and Information Specialist, Privacy change should be approved or should be submitted on or before June disapproved. Implementation Division, Office of 25, 2020. Privacy and Disclosure, Office of the IV. Solicitation of Comments For the Commission, by the Division of General Counsel, SSA, Room G–401 Interested persons are invited to Trading and Markets, pursuant to delegated West High Rise, 6401 Security submit written data, views, and authority.29 Boulevard, Baltimore, Maryland 21235– arguments concerning the foregoing, J. Matthew DeLesDernier, 6401, telephone: (410) 966–5855, email: including whether the proposed rule Assistant Secretary. [email protected]. change is consistent with the Act. [FR Doc. 2020–12017 Filed 6–3–20; 8:45 am] SUPPLEMENTARY INFORMATION: We are Comments may be submitted by any of BILLING CODE 8011–01–P modifying the system of records name the following methods: from ‘‘eDib Claim File, Social Security Administration, Deputy Commissioner Electronic Comments for Disability and Income Security • Use the Commission’s internet SOCIAL SECURITY ADMINISTRATION Programs’’ to ‘‘Electronic Disability comment form (http://www.sec.gov/ [Docket No. SSA–2020–0004] (eDib) Claim File’’ to accurately reflect rules/sro.shtml); or the system. We are modifying the • Send an email to rule-comments@ Privacy Act of 1974; System of system manager to clarify the name of sec.gov. Please include File Number SR– Records the office. NYSECHX–2020–18 on the subject line. In addition, we are clarifying the Paper Comments AGENCY: Office of Retirement and categories of individuals covered by the • Disability Policy, Social Security system of records and expanding the Send paper comments in triplicate Administration (SSA). categories of records to include vendor to Secretary, Securities and Exchange ACTION: Notice of a modified system of information concerning medical Commission, 100 F Street NE, records. examiners or medical providers from Washington, DC 20549–1090. whom SSA obtains medical records to All submissions should refer to File SUMMARY: In accordance with the support medical disability Number SR–NYSECHX–2020–18. This Privacy Act, we are issuing public determinations. Specific identifying file number should be included on the notice of our intent to modify an information concerning the vendor subject line if email is used. To help the existing system of records entitled, could include name, address, telephone Commission process and review your Electronic Disability Claim File (60– number, tax identification number or comments more efficiently, please use 0320), hereinafter referred to as the eDib employer identification number. only one method. The Commission will Claim File, last published on December We are modifying the categories of post all comments on the Commission’s 22, 2003. This notice publishes details records to include beneficiary notice of the modified system as set forth control number (BNC). Section 2 of the 27 For purposes only of waiving the 30-day below under the caption, Social Security Number Fraud operative delay, the Commission has considered the SUPPLEMENTARY INFORMATION proposed rule’s impact on efficiency, competition, . Prevention Act of 2017 (H.R. 624, Pub. and capital formation. See 15 U.S.C. 78c(f). L. 115–59, hereafter referred to as P.L. 28 15 U.S.C. 78s(b)(2)(B). 29 17 CFR 200.30–3(a)(12). 115–59), restricts the inclusion of Social

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Security numbers (SSN) on documents Lastly, we are modifying the notice statistical and research purposes. We the Federal government sends by mail. throughout to correct miscellaneous may maintain extracts as interviewing Some of our mailed documents include stylistic formatting and typographical tools, activity logs, records of claims a placeholder for the responder to errors of the previously published clearance, and records of type or nature include the full SSN. Pursuant to P.L. notice, and to ensure the language reads of actions taken. 115–59, we will retain the SSN for consistently across multiple systems. CATEGORIES OF INDIVIDUALS COVERED BY THE mailed documents that we determined We are republishing the entire notice for SYSTEM: are ‘‘mission critical’’ and require an ease of reference. SSN to facilitate our business processes. In accordance with 5 U.S.C. 552a(r), This system maintains information The remaining mailed documents that we provided a report to OMB and about claimants and those acting on are not mission critical will have the Congress on this modified system of their behalf, applicants, beneficiaries SSN removed and replaced with a BNC. records. and potential claimants for disability We also clarified that this system benefits and payments administered by Matthew Ramsey, contains data from other SSA systems of SSA. The system also maintains records. Executive Director, Office of Privacy and information about medical examiners Disclosure, Office of the General Counsel. and medical providers. We are modifying the eDib Claim File to include the Disability Case Processing SYSTEM NAME: CATEGORIES OF RECORDS IN THE SYSTEM: System (DCPS). DCPS modernizes the Electronic Disability (eDib) Claim This system maintains records that technology infrastructure that supports File, 60–0320. include, but are not limited to, the disability case processing nationwide. name, Social Security number (SSN), SECURITY CLASSIFICATION: DCPS contains information from SSA and date of birth of the claimant or and Disability Determination Services Unclassified. potential claimant and may contain the (DDS) personnel, disability applicants, SYSTEM LOCATION: application for benefits; supporting disability claimants or individuals evidence and documentation for initial The eDib Claim Files are virtually authorized to represent them, and continuing entitlement (e.g., established in Social Security beneficiaries, third parties (e.g., medical diagnosis, beginning and end dates of Administration (SSA) field offices when examiners and medical providers). disability, basis for disability claims for benefits are filed, or a lead is DCPS interfaces with existing SSA determination, copies of medical expected to result in a claim. The disability claims systems to gather reports, work history, educational level, electronic records are maintained at: information needed to process disability reexamination date (if applicable)); date Social Security Administration, Office claims and make final disability of application; payment documentation; of Systems, National Computer Center, determinations. correspondence to and from claimants 6401 Security Boulevard, Baltimore, MD The Disability Vendor Repository or representatives; information about 21235. (DVR) is maintained within DCPS. The representative payees; information DVR is where we maintain a list of SYSTEM MANAGER(S): received from third parties regarding medical examiners and medical Social Security Administration, claimants’ potential entitlement; BNC; providers. The DVR contains vendor Deputy Commissioner of Retirement vendor information concerning medical information that supports the disability and Disability Policy, Office of examiners or medical providers from determination process; specifically, Disability Policy, 6401 Security whom SSA obtains medical records to medical evidence requests, consultative Boulevard, Baltimore, MD 21235. support medical disability exam requests, medical and non- determinations; data collected as a medical assistance requests, and fiscal AUTHORITY FOR MAINTENANCE OF THE SYSTEM: result of inquiries and complaints or processes. Sections 202–205, 216, 221, 223, 226, evaluation and measurement studies, We are deleting routine use No. 17, of 228, 1611, 1614, 1631, 1818, 1836, and which assess the effectiveness of claims the prior version of the SORN, as it is 1840 of the Social Security Act, as policies; records of certain actions no longer applicable and no longer a amended. entered directly into the computer condition of the individual’s eligibility processes, which include reports of for payment under section 1611(e)(3) of PURPOSE(S) OF THE SYSTEM: changes of address, work status and the Social Security Act. This routine use The eDib Claim File contains material other post-adjudicative actions; and permitted disclosures to institutions or related to the request for or continuation abstracts used for statistical purposes facilities approved for the treatment of of benefit payments under Titles II and (e.g., disallowances, technical denials, drug addicts or alcoholics. We are also XVI of the Social Security Act. We will and demographic and statistical adding a routine use to permit use the information in this system for information relating to disability disclosures to contractors, cooperative purposes of pursuing claims; collecting, decisions). agreement awardees, Federal and State documenting, organizing and The system may also include names agencies, and Federal congressional maintaining information and documents and titles of persons making or support agencies for research and for making determinations of eligibility reviewing the determination and certain statistical activities. In the past, we for disability benefits, the amount of administrative data as well as data disclosed information from this system benefits, the appropriate payee for relative to the location of the file and of records to the entities listed above benefits; reviewing continuing the status of the claim. under our efficient administration eligibility; holding hearings or Finally, this system includes medical routine use. We are establishing this administrative review processes; examiners’ and medical providers’ new routine use to distinguish ensuring that proper adjustments are names, address, tax identification disclosures that we make specifically for made based on events affecting number or employee identification research purposes. We are also entitlement; and answering inquiries. number, and an indicator when the modifying the policies and practices for We may also use eDib claim files for medical examiner or medical provider is the retrieval of records to clarify that we quality review, evaluation, and listed on the Department of Health and will also retrieve records by BNC. measurement studies, and other Human Services Office of Inspector

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General’s List of Excluded Individuals tribunal, or another party is a use of the (a) Collecting Social Security taxes, or and Entities (LEIE). The LEIE list information contained in the records as otherwise pertinent to tax and benefit identifies medical providers or medical that is compatible with the purpose for payment provisions of the Act, examiners who may provide medical which the records were collected. including SSN verification services; and evidence to SSA that we cannot accept. 4. To third party contacts (e.g., (b) Investigating alleged theft, forgery, employers and private pension plans) in or unlawful negotiation of Social RECORD SOURCE CATEGORIES: situations where the party to be Security checks. We obtain information in this system contacted has, or is expected to have, 9. To the United States Postal Service, from claimants, beneficiaries, applicants information relating to the individual’s for investigating the alleged theft or and recipients; accumulated by SSA capability to manage his or her benefits forgery of Social Security checks. from reports of employers or self- or payments, or his or her eligibility for 10. To DOJ, for the purposes of: employed individuals; various local, or entitlement to benefits or eligibility (a) Investigating and prosecuting State, and Federal agencies, including for payments, under the Social Security violations of the Act to which criminal from the LEIE; claimant representatives; program when: penalties attach; and other sources that support factors of (a) The individual is unable to (b) Representing the Commissioner of entitlement and continuing eligibility, provide information being sought. An Social Security; and (i.e., information received from third individual is considered to be unable to (c) Investigating issues of fraud or parties regarding claimant’s potential provide certain types of information violations of civil rights by officers or entitlement or eligibility). This system when: SSA employees. also contains data from other SSA i. He or she is incapable or of 11. To the Department of State, for systems of records, including the Claims questionable mental capability; administration of the Social Security Folder (SORN 60–0089). ii. He or she cannot read or write; Act in foreign countries through iii. He or she cannot afford the cost of facilities and services of that agency. ROUTINE USES OF RECORDS MAINTAINED IN THE obtaining the information; 12. To the American Institute, a SYSTEM, INCLUDING CATEGORIES OF USERS AND private corporation under contract to THE PURPOSES OF SUCH USES: iv. He or she has a hearing impairment, and contacts us via the Department of State, for We will disclose records pursuant to telephone through a administering the Social Security Act in the following routine uses; however, we telecommunications relay system Taiwan through facilities and services of will not disclose any information operator; that agency. defined as ‘‘return or return v. A language barrier exists; or 13. To the Department of Veterans information’’ under 26 U.S.C. 6103 of vi. The custodian of the information Affairs (VA), Regional Office, Manila, the Internal Revenue Code (IRC), unless will not, as a matter of policy, provide Philippines, for the administration of authorized by statute, the Internal it to the individual; OR the Social Security Act in the Revenue Service (IRS), or IRS (b) The data is necessary to establish Philippines and other parts of the Asia- regulations. the validity of evidence or to verify the Pacific region through services and 1. To the Office of the President in accuracy of information presented by facilities of that agency. response to an inquiry from that office the individual, and it concerns one or 14. To the Department of Interior and made on behalf of, and at the request of, more of the following: its agents, for the purpose of the subject of the record or a third party i. His or her eligibility for benefits administering the Social Security Act in acting on the subject’s behalf. under the Social Security program; the Northern Mariana Islands through 2. To a congressional office in ii. The amount of his or her benefit or facilities and services of that agency. response to an inquiry from that office payment; or 15. To State Social Security made on behalf of, and at the request of, iii. Any case in which the evidence is administrators, for administering the subject of the record or third party being reviewed as a result of suspected agreements pursuant to section 218 of acting on the subject’s behalf. abuse or fraud or concern for program the Act. 3. To the Department of Justice (DOJ), integrity, quality appraisal, or 16. To private medical and vocational a court or other tribunal, or another evaluation and measurement activities. consultants, for use in preparing for, or party before such court or tribunal, 5. To third party contacts, where evaluating the results of, consultative when: necessary, to establish or verify medical examinations or vocational (a) SSA, or any component thereof; or information provided by representative assessments which they were engaged to (b) Any SSA employee in his or her payees or payee applicants. perform by SSA or a State agency, in official capacity; or 6. To a person (or persons) on the accordance with sections 221 or 1633 of (c) Any SSA employee in his or her rolls when a claim is filed by an the Social Security Act. individual capacity where DOJ (or SSA individual which is adverse to the 17. To specified business and other where it is authorized to do so) has person on the rolls, i.e., community members and Federal, State, agreed to represent the employee; or (a) An award of benefits to a new and local agencies for verification of (d) The United States or any agency claimant precludes an award to a prior eligibility for benefits under section thereof where SSA determines the claimant; or 1631(e) of the Act. litigation is likely to affect SSA or any (b) An award of benefits to a new 18. To applicants, claimants, of its components, claimant will reduce the benefit prospective applicants or claimants, is a party to the litigation or has an payments to the individual(s) on the other than the data subject, their interest in such litigation, and we rolls, but only for information authorized representatives or determine that the use of such records concerning the facts relevant to the representative payees to the extent by DOJ, a court or other tribunal, or interest of each party in a claim. necessary to pursue Social Security another party before the tribunal is 7. To employers, current or former, for claims and to representative payees relevant and necessary to the litigation, correcting or reconstructing earnings when the information pertains to provided, however, that in each case, records and for Social Security tax individuals for whom they serve as the agency determines that disclosures purposes. representative payees, for the purpose of of the records to DOJ, court or other 8. To the Department of Treasury for: assisting SSA in administering its

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representative payment responsibilities 21. To the Social Security agency of (a) SSA suspects or has confirmed under the Social Security Act and a foreign country, to carry out the that there has been a breach of the assisting the representative payees in purpose of an international Social system of records; performing their duties as payees, Security agreement entered into (b) SSA has determined that as a including receiving and accounting for between the United States and the other result of the suspected or confirmed benefits for individuals for whom they country, pursuant to section 233 of the breach there is a risk of harm to serve as payees. Social Security Act. individuals, SSA (including its 19. In response to legal process or 22. To the IRS, Department of the information systems, programs, and interrogatories relating to the Treasury, for the purpose of auditing operations), the Federal Government, or enforcement of an individual’s child SSA’s compliance with the safeguard national security; and support or alimony obligations, as provisions of the IRC of 1986, as (c) the disclosure made to such required by sections 459 and 460 of the amended. agencies, entities, and persons is Social Security Act. 23. To third party contacts (including reasonably necessary to assist in 20. To Federal, State, or local agencies private collection agencies under connection with SSA’s efforts to (or agents on their behalf) for contract with SSA), for the purpose of respond to the suspected or confirmed administering income or health their assisting us in recovering breach or to prevent, minimize, or maintenance programs, including overpayments. remedy such harm. programs under the Social Security Act. 24. To the Department of Homeland 31. To another Federal agency or Such disclosures include the release of Security, upon request, to identify and Federal entity, when SSA determines information to the following agencies, locate aliens in the United States that information from this system of but are not limited to: pursuant to section 290(b) of the records is reasonably necessary to assist (a) Railroad Retirement Board, for Immigration and Nationality Act (8 the recipient agency or entity in: administering provisions of the Railroad U.S.C. 1360(b)). (a) Responding to a suspected or Retirement and Social Security Acts 25. To contractors and other Federal confirmed breach; or relating to railroad employment, and for agencies, as necessary, for the purpose (b) Preventing, minimizing, or administering the Railroad of assisting SSA in the efficient remedying the risk of harm to Unemployment Insurance Act; administration of its programs. We individuals, the recipient agency or (b) VA, for administering 38 U.S.C. disclose information under this routine entity (including its information 1312, and upon request, for determining use only in situations in which we may systems, programs, and operations), the eligibility for, or amount of, veterans’ enter into a contractual or similar Federal Government, or national benefits or verifying other information agreement with a third party to assist in security, resulting from a suspected or with respect thereto pursuant to 38 accomplishing an agency function confirmed breach. U.S.C. 5106; relating to this system of records. 32. To contractors, cooperative 26. To the Department of Education, (c) Department of Labor, for agreement awardees, State agencies, addresses of beneficiaries who are administering provisions of Title IV of Federal agencies, and Federal obligated on loans held by the Secretary the Federal Coal Mine Health and Safety congressional support agencies for of Education or a loan made in Act, as amended by the Black Lung research and statistical activities that are accordance with 20 U.S.C. 1071, et seq. Benefits Act; designed to increase knowledge about (the Robert T. Stafford Student Loan (d) State agencies for administering present or alternative Social Security Program), as authorized by section 489A the Medicaid program; programs; are of importance to the of the Higher Education Act of 1965. Social Security program or the Social (e) State agencies for making 27. To student volunteers, individuals Security beneficiaries; or are for an determinations of food stamp eligibility working under a personal services epidemiological project that relates to under the food stamp program; contract, and other workers who the Social Security program or (f) State audit agencies for auditing technically do not have the status of beneficiaries. We will disclose State supplementation payments and Federal employees, when they are information under this routine use Medicaid eligibility considerations; and performing work for SSA, as authorized pursuant only to a written agreement expenditures of Federal funds by the by law, and they need access to with us. State in support of the Disability personally identifiable information (PII) Determination Services (DDS); in SSA records in order to perform their POLICIES AND PRACTICES FOR STORAGE OF (g) State welfare departments assigned agency functions. RECORDS: pursuant to agreements with SSA, for 28. To Federal, State and local law administration of State supplementation We will maintain records in this enforcement agencies and private system in electronic and paper form. payments; for enrollment of welfare security contractors, as appropriate, beneficiaries for medical insurance information necessary: POLICIES AND PRACTICES FOR RETRIEVAL OF under section 1843 of the Social (a) To enable them to protect the RECORDS: Security Act; and for conducting safety of SSA employees and customers, We will retrieve claim file records by independent quality assurance reviews the security of the SSA workplace, the SSN, name, or BNC. We will retrieve of SSI recipient records, provided that operation of SSA facilities, or medical examiner and medical provider the agreement for Federal (b) To assist investigations or records by name and employer administration of the supplementation prosecutions with respect to activities identification number. provides for such an independent that affect such safety and security or review; and activities that disrupt the operations of POLICIES AND PRACTICES FOR RETENTION AND (h) State vocational rehabilitation SSA facilities. DISPOSAL OF RECORDS: agencies, State health departments, or 29. To the National Archives and In accordance with NARA rules other agencies providing services to Records Administration (NARA) under codified at 36 CFR 1225.16, we maintain disabled children, for consideration of 44 U.S.C. 2904 and 2906. records in accordance with the rehabilitation services, per sections 222 30. To appropriate agencies, entities, approved NARA Agency-Specific and 1615 of the Social Security Act. and persons when: Records Schedule N1–47–05–1.

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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL another individual under false pretenses going to www.Regulations.gov. You can SAFEGUARDS: is a criminal offense. search for the document by entering We retain electronic and paper files These procedures are in accordance ‘‘Docket Number: DOS–2020–0018’’ in containing personal identifiers in secure with our regulations at 20 CFR 401.40 the Search field. Then click the storage areas accessible only by our and 401.45. ‘‘Comment Now’’ button and complete authorized employees who have a need the comment form. CONTESTING RECORD PROCEDURES: for the information when performing You must include the DS form their official duties. Security measures Same as record access procedures. number (if applicable), information include, but are not limited to, the use Individuals should also reasonably collection title, and the OMB control of codes and profiles, personal identify the record, specify the number in any correspondence. identification number and password, information they are contesting, and FOR FURTHER INFORMATION CONTACT: and personal identification verification state the corrective action sought and Direct requests for additional cards. We restrict access to specific the reasons for the correction with information regarding the collection correspondence within the system based supporting justification showing how listed in this notice, including requests on assigned roles and authorized users. the record is incomplete, untimely, for copies of the proposed collection We will use audit mechanisms to record inaccurate, or irrelevant. These instrument and supporting documents, sensitive transactions as an additional procedures are in accordance with our may be sent to Natalie Donahue, Chief measure to protect information from regulations at 20 CFR 401.65(a). of Evaluation, Bureau of Educational unauthorized disclosure or NOTIFICATION PROCEDURES: and Cultural Affairs, who may be reached at [email protected]. modification. Same as record access procedures. SUPPLEMENTARY INFORMATION: We annually provide our employees These procedures are in accordance • Title of Information Collection: and contractors with appropriate with our regulations at 20 CFR 401.40 Monitoring Data for ECA (MODE) security awareness training that and 401.45. includes reminders about the need to Framework. EXEMPTIONS PROMULGATED FOR THE SYSTEM: • OMB Control Number: None. protect PII and the criminal penalties • that apply to unauthorized access to, or None. Type of Request: New collection. • Originating Office: Educational and disclosure of PII. See 5 U.S.C. 552a(i)(1). HISTORY: Cultural Affairs (ECA/P/V). Furthermore, employees and contractors • Form Number: No form. with access to databases maintaining PII 68 FR 71210, Electronic Disability • Claim File Respondents: ECA program must annually sign a sanction document participants, alumni, and host/home that acknowledges their accountability 72 FR 69723, Electronic Disability Claim File communities. for inappropriately accessing or • Estimated Number of Participant disclosing such information. 83 FR 54969, Electronic Disability Claim File Post-Program Survey Respondents: 66,691. RECORD ACCESS PROCEDURES: [FR Doc. 2020–12067 Filed 6–3–20; 8:45 am] • Estimated Number of Participant Individuals may submit requests for BILLING CODE 4191–02–P Post-Program Survey Responses: 50,532. information about whether this system • Average Time per Participant Post- contains a record about them by Program Survey: 8 minutes. submitting a written request to the DEPARTMENT OF STATE • Total Estimate Participant Post- system manager at the above address, Program Survey Burden Time: 6,738 [Public Notice 11107] which includes their name, SSN, or hours. • other information that may be in this 60-Day Notice of Proposed Information Estimated Number of Alumni system of records that will identify Survey Respondents: 13,591. Collection: Education and Cultural • them. Individuals requesting Affairs Monitoring and Evaluation Estimated Number of Alumni notification of, or access to, a record by Initiative Survey Responses: 6,063. mail must include: (1) A notarized • Average Time per Alumni Survey: statement to us to verify their identity; ACTION: 30 minutes. Notice of request for public • or (2) must certify in the request that comment. Total Estimated Alumni Survey Burden Time: 3,032 hours. they are the individual they claim to be • and that they understand that the SUMMARY: The Department of State is Estimated Number of Host/Home seeking Office of Management and Community Survey Respondents: 5,000. knowing and willful request for, or • acquisition of, a record pertaining to Budget (OMB) approval for the Estimated Number of Host/Home another individual under false pretenses information collection described below. Community Survey Responses: 500. • Average Time per Host/Home is a criminal offense. In accordance with the Paperwork Community Survey: 20 minutes. Individuals requesting notification of, Reduction Act of 1995, we are • requesting comments on this collection Total Estimated Host/Home or access to, records in person must Community Survey Burden Time: 167 provide their name, SSN, or other from all interested individuals and organizations. The purpose of this hours. information that may be in this system • Frequency: For participants, once notice is to allow 60 days for public of records that will identify them, as after program participation; for Alumni, comment preceding submission of the well as provide an identity document, once every one, three and five years; for collection to OMB. preferably with a photograph, such as a host/home communities, once every driver’s license. Individuals lacking DATES: The Department will accept year. identification documents sufficient to comments from the public up to August • Obligation to Respond: Voluntary. establish their identity must certify in 3, 2020. We are soliciting public comments to writing that they are the individual they ADDRESSES: You may submit comments permit the Department to: claim to be and that they understand by the following method: • Evaluate whether the proposed that the knowing and willful request for, • Web: Persons with access to the information collection is necessary for or acquisition of, a record pertaining to internet may comment on this notice by the proper functions of the Department.

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• Evaluate the accuracy of our • Inform strategic planning activities at providing program awardees standard estimate of the time and cost burden for the Bureau, division, and individual indicators (we estimate anywhere from this proposed collection, including the exchange program levels 10–15 for each award) and validity of the methodology and • Supplement the information ECA corresponding data collection questions, assumptions used. program officers receive from their depending on the program orientation. • Enhance the quality, utility, and award recipients and exchange In many instances, these standard clarity of the information to be participants to provide a indicators and questions will supplant collected. comprehensive view of programmatic existing awardee defined comparable activities indicators and questions with ECA • Minimize the reporting burden on • Respond quickly and reliably to ad- defined uniform data requirements. This those who are to respond, including the hoc requests from Congress, the Office will ensure the data ECA gathers are use of automated collection techniques of Management and Budget (OMB), valid and reliable across the range of or other forms of information and internal Department of State exchange programs. technology. stakeholders Please note that comments submitted Kristin Roberts, in response to this Notice are public In order to collect data for the MODE Acting Deputy Assistant Secretary for Policy, record. Before including any detailed Framework, the ECA Evaluation Bureau of Educational and Cultural Affairs, personal information, you should be Division intends to conduct ongoing Department of State. aware that your comments as submitted, surveys of program participants, alumni, [FR Doc. 2020–12035 Filed 6–3–20; 8:45 am] including your personal information, and participant host and home BILLING CODE 4710–05–P will be available for public review. communities to monitor program performance, assess impact, and Abstract of Proposed Collection identify issues for further evaluation. DEPARTMENT OF TRANSPORTATION The Department of State’s Bureau of Specifically, ECA will coordinate with Educational and Cultural Affairs (ECA) award recipients to provide standard Federal Aviation Administration survey questions for both foreign regularly monitors and evaluates its [Docket No. FAA–2020–0300] programs through the collection of data national and U.S. citizen exchange about program accomplishments in participants immediately after Agency Information Collection order to enable program staff to assess completing the exchange (‘‘Participant Activities: Requests for Comments; the results of its programs, where Post-Program Survey’’). ECA’s Clearance of a Renewed Approval of improvements may be necessary, and to Evaluation Division also intends to Information Collection: General modify/plan future programs. In order administer standard surveys to foreign Operating and Flight Rules—FAR 91 to more systematically assess the national and U.S. citizen exchange alumni roughly one year, three years AGENCY: Federal Aviation efficacy and impact of ECA funded- Administration (FAA), DOT. programs and to address the and five years after completing their ACTION: Notice and request for requirements of the Foreign Aid exchange experience. Conducting post- comments. Transparency and Accountability Act program surveys, particularly after three and five years, will provide information (FATAA) and the Department of State’s SUMMARY: In accordance with the updated monitoring and evaluation on the impact of ECA programs and insight into the achievements of Paperwork Reduction Act of 1995, FAA guidance (18 FAM 300), ECA’s invites public comments about our Evaluation Division has created a robust participants. To examine multiplier effects of ECA intention to request Office of performance monitoring framework that exchange programs on foreign and U.S. Management and Budget (OMB) is responsive to these directives, communities and institutions that approval to renew an information measures programmatic goals and sponsor, support, or provide exchange collection. The Federal Register Notice objectives, and provides a programs support or services, ECA with a 60-day comment period soliciting comprehensive view of overall Bureau intends to administer standard surveys comments on the following collection of activities. The Monitoring Data for ECA to foreign and U.S. host community information was published on March (MODE) Framework (https:// members (individuals or institutions) 31, 2020. The reporting and eca.state.gov/impact/eca-evaluation- where feasible. recordkeeping requirements of this division/monitoring-data-eca-mode- collection are related to FAA rules framework) includes a results Methodology governing the operation of aircraft (other framework with indicators designed to In previous years, the ECA Evaluation than moored balloons, kites, rockets, track program performance and the Division surveyed foreign alumni from unmanned free balloons, and small direction, pace, and magnitude of a sample of 10 ECA programs. The unmanned aircraft) within the United change of ECA programs—leading to suggested MODE Framework data States. These reporting and strengthened feedback mechanisms collections represent an expansion to recordkeeping requirements are resulting in more effective programs. include American participants and necessary for the FAA to assure Each of these indicators has standardization of the data collection compliance with these provisions. corresponding data collection questions tools. Additionally, ECA has not DATES: Written comments should be defined so data will be collected collected these data in a systematic submitted by July 6, 2020. uniformly whether by the program manner from U.S. and foreign host ADDRESSES: Written comments and office, the Evaluation Division, or an community members in the past. recommendations for the proposed award recipient. Implementation of the Currently, ECA award recipients information collection should be sent MODE Framework will enable ECA to administer post-program surveys to within 30 days of publication of this standardize and utilize its data in the their participants as part of their notice to www.reginfo.gov/public/do/ following ways: internal program monitoring data PRAMain. Find this particular • Assess data and performance metrics collection approach. ECA intends to information collection by selecting to enhance program performance leverage this ongoing survey process by ‘‘Currently under 30-day Review—Open

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for Public Comments’’ or by using the Issued in Washington, DC, on June 1, 2020. determined associated with initial search function. Dwayne C. Morris, repair station certifications and FOR FURTHER INFORMATION CONTACT: John Project Manager, Flight Standards Service, subsequent changes to an existing repair L. Drago by email at: john.l.drago@ General Aviation and Commercial Division. station certificate. The FAA has faa.gov; phone: (330) 648–3887. [FR Doc. 2020–12094 Filed 6–3–20; 8:45 am] identified that the information collected BILLING CODE 4910–13–P through the FAA Form 8310–3 does not SUPPLEMENTARY INFORMATION: capture the entire repair station Public Comments Invited: You are certification activities or changes to an asked to comment on any aspect of this DEPARTMENT OF TRANSPORTATION existing certificate. OMB Control information collection, including (a) Number 2120–0682 is not only Whether the proposed collection of Federal Aviation Administration authorizing the Agency to receive information is necessary for FAA’s [Docket No. FAA–2020–0281] information collected on the FAA Form performance; (b) the accuracy of the 8310–3, but should also encapsulate the estimated burden; (c) ways for FAA to Agency Information Collection entire calculation burden associated enhance the quality, utility and clarity Activities: Requests for Comments; with repair station certification and of the information collection; and (d) Clearance of a Renewed Approval of subsequent changes to an existing ways that the burden could be Information Collection: Certification of certificate. minimized without reducing the quality Repair Stations, Part 145 of Title 14, Once burden calculations associated of the collected information. CFR with repair station certification OMB Control Number: 2120–0005. activities are properly assessed, the FAA AGENCY: Federal Aviation Title: General Operating and Flight will publish a new notice to the Federal Administration (FAA), DOT. Rules—FAR 91. Register capturing the entire burden ACTION: Notice and request for Form Numbers: None. calculation for repair station comments. Type of Review: Renewal. certification and subsequent changes to an existing certificate. Background: The Federal Register SUMMARY: In accordance with the DATES: Notice with a 60-day comment period Paperwork Reduction Act of 1995, FAA Written comments should be soliciting comments on the following invites public comments about our submitted by July 6, 2020. collection of information was published intention to request the Office of ADDRESSES: Written comments and on March 31, 2020 (85 FR 17941). The Management and Budget (OMB) recommendations for the proposed reporting and recordkeeping approval to renew an information information collection should be sent requirements of Federal Aviation collection. The Federal Register Notice within 30 days of publication of this Regulation (FAR) part 91, General with a 60-day comment period soliciting notice to www.reginfo.gov/public/do/ Operating and Flight Rules, are comments on the following collection of PRAMain. Find this particular authorized by part A of subtitle VII of information was published on March information collection by selecting the revised title 49 of the United States 20, 2020, no comments were received. ‘‘Currently under 30-day Review—Open Code. The collection involves the applicant for Public Comments’’ or by using the FAR part 91 prescribes rules entering information onto and search function. governing the operation of aircraft (other submitting the FAA Form 8310–3, FOR FURTHER INFORMATION CONTACT: than moored balloons, kites, rockets, Application for Repair Station Susan Traugott Ludwig, by email at: unmanned free balloons and small Certificate and/or Rating to the [email protected]; phone: unmanned aircraft) within the United appropriate FAA field office. Persons 202–267–1684. States. The reporting and recordkeeping requesting to obtain an initial Air SUPPLEMENTARY INFORMATION: requirements prescribed by various Agency Certificate to operate as an FAA Public Comments Invited: You are sections of FAR part 91 are necessary for certificated repair station or request asked to comment on any aspect of this FAA to assure compliance with these changes to an existing repair station (air information collection, including (a) provisions. The information collected agency) certificate do so by submitting Whether the proposed collection of becomes a part of FAA’s official records the request through the submission of information is necessary for FAA’s and is used only by the FAA for the FAA Form 8310–3. This form is performance; (b) the accuracy of the certification, compliance and available to the applicant/respondent estimated burden; (c) ways for FAA to enforcement, and when accidents, via www.faa.gov, email, in person, or by enhance the quality, utility and clarity incidents, reports of noncompliance, mail. of the information collection; and (d) safety programs, or other circumstances The FAA Form 8310–3, Application ways that the burden could be require reference to records. Without for Repair Station Certificate and/or minimized without reducing the quality this information, the FAA would be Ratings captures information such as, of the collected information. unable to control and maintain the but not limited to; official name of OMB Control Number: 2120–0682. consistently high level of civil aviation repair station, location where business Title: Certification of Repair Stations, safety we enjoy. is conducted, official mailing address, Part 145 of Title 14, CFR. any doing business as name, changes in Form Numbers: FAA Form 8310–3. Respondents: Approximately 21,200 ratings, or if initial certification, ratings Type of Review: Clearance of a airmen, state or local governments, and sought, changes in location or housing renewal of an information collection. businesses. and facilities, change in name or Background: The Federal Register Frequency: On occasion. ownership, or any other purpose for Notice with a 60-day comment period Estimated Average Burden per which the applicant requests, including soliciting comments on the following Response: 30 minutes per response. a request for approval to contract collection of information was published Estimated Total Annual Burden: maintenance functions to outside on March 20, 2020 (85 FR 18325). The 17,492 reporting hours; 212,074 entities. FAA’s authority to issue rules on recordkeeping hours; 229,566 total The FAA has identified an inaccuracy aviation safety is found in Title 49 of the hours. in how burden calculations are United States Code. Subtitle I, section

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106, describes the authority of the FAA Frequency: Information is collected ‘‘Currently under 30-day Review—Open Administrator. Subtitle VII, Aviation on occasion. One time for initial for Public Comments’’ or by using the Programs, describes in more detail the certification and when or if an existing search function. scope of the agency’s authority. certificated repair station request FOR FURTHER INFORMATION CONTACT: Rulemaking was promulgated under changes to their certificate. Ronald A. Forsyth by email at: the authority described in title 49, Estimated Average Burden per [email protected]; phone: (717) subtitle VII, part A, subpart III, section Response: 15 minutes. 712–1000. 44701, General requirements, and Estimated Total Annual Burden: SUPPLEMENTARY INFORMATION: section 44707, Examining and rating air 32.25 hours annual burden for FY2019. agencies. Under section 44701, the FAA There is no requirement for a Public Comments Invited: You are may prescribe regulations and standards respondent to submit this form asked to comment on any aspect of this in the interest of safety for inspecting, annually. information collection, including (a) servicing, and overhauling aircraft, Whether the proposed collection of Issued in Washington, DC, on June 1, 2020. aircraft engines, propellers, and information is necessary for FAA’s appliances. The FAA may also prescribe Susan Traugott Ludwig, performance; (b) the accuracy of the equipment and facilities for, and the Aviation Safety Inspector, Federal Aviation estimated burden; (c) ways for FAA to timing and manner of, inspecting, Administration, Office of Safety Standards, enhance the quality, utility and clarity servicing, and overhauling these items. Aircraft Maintenance Division, Repair Station of the information collection; and (d) Branch, AFS–340. Under section 44707, the FAA may ways that the burden could be examine and rate repair stations. 14 Part [FR Doc. 2020–12087 Filed 6–3–20; 8:45 am] minimized without reducing the quality 145 is within the scope of section BILLING CODE 4910–13–P of the collected information. 44707. OMB Control Number: 2120–0085. 14 CFR part 145 prescribes the DEPARTMENT OF TRANSPORTATION Title: Certification and Operations: requirements for the issuance of repair Airplanes with Seating Capacity of 20 or station certificates. The FAA Form Federal Aviation Administration More Passenger Seats or Maximum 8310–3, Application for Repair Station Payload of 6,000 Pounds or More—FAR Certificate and/or Rating is available to [Docket No. FAA–2020–0302] 125. the applicant who wishes to obtain Form Numbers: None. initial repair station certification or Agency Information Collection Activities: Requests for Comments; Type of Review: Renewal. submit changes to an existing air agency Background: The Federal Register certificate. The applicant voluntarily Clearance of a Renewed Approval of Information Collection: Certification Notice with a 60-day comment period submits the application to the soliciting comments on the following appropriate FAA office by mail or email and Operations: Airplanes With Seating Capacity of 20 or More collection of information was published for review and acceptance. The on March 31, 2020 (85 FR 17939). The applicant enters the information Passenger Seats or Maximum Payload of 6,000 Pounds or More—FAR 125 reporting and recordkeeping required for certification or changes to requirements under this collection are the existing certificate, which consists AGENCY: Federal Aviation necessary for the FAA to issue, reissue, of; official name of repair station, Administration (FAA), DOT. and amend part 125 applicants’ location where business is conducted, operating certificates and operation official mailing address, any doing ACTION: Notice and request for specifications. A letter of application business as name, changes in ratings, or comments. and related documents which set forth if initial certification, ratings sought, SUMMARY: In accordance with the an applicant’s ability to conduct changes in location or housing and Paperwork Reduction Act of 1995, FAA operations in compliance with the facilities, change in name or ownership, invites public comments about our provisions of 14 CFR part 125 are or any other purpose for which the intention to request the Office of submitted to the appropriate Flight applicant requests, including a request Management and Budget (OMB) for approval to contract maintenance Standards District Office (FSDO). approval to renew an information Inspectors in FAA FSDOs review the functions to outside entities. Once the collection. The Federal Register Notice FAA reviews the submitted application submitted information to determine with a 60-day comment period soliciting certificate eligibility. If the letter of and finds the applicant has the ability comments on the following collection of to comply with the 14 CFR part 145 application, related documents, and information was published on March inspection show that the applicant requirements for certification, an air 31, 2020. This collection involves the agency certificate and ratings is issued. satisfactorily meets acceptable safety certification and operation of aircraft The FAA retains a copy of the standards, an operating certificate and with seating capacity of 20 or more application in the FAA office that operations specifications will be issued. passengers, or maximum payload of issued the certificate for an indefinite If the information were not collected, 6,000 pounds or more, and includes the time or a time-period specified by the the FAA could not discharge its operator application requirements, Agency’s Records Management Order responsibility to promote the safety of maintenance requirements, and various 1350.14B, mandated by the Federal large airplane operators during such operational requirements. Records Act of 1950, as amended. The operations. applicant is not required to retain a DATES: Written comments should be Respondents: 85 certificated part 125 copy of the form. The FAA does not submitted by July 6, 2020. operators (75 existing operators and 10 provide other persons or entities with ADDRESSES: Written comments and new applicants per year). information contained in the form. recommendations for the proposed Frequency: On occasion. Respondents: There were a total of information collection should be sent Estimated Average Burden per 129 applications submitted to the FAA within 30 days of publication of this Response: 13 minutes. in fiscal year (FY) 2019. Out of the 129 notice to www.reginfo.gov/public/do/ Estimated Total Annual Burden: applications, 64 applications were for PRAMain. Find this particular 50,427 total hours; 593 hours per submitted for initial certification. information collection by selecting respondent.

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Issued in Washington, DC, on June 1, 2020. II. Agenda DEPARTMENT OF TRANSPORTATION Dwayne C. Morris, Project Manager, Flight Standards Service, At the meeting, the agenda will cover Federal Aviation Administration the following topics: General Aviation and Commercial Division. [Docket No. FAA–2020–0301] [FR Doc. 2020–12083 Filed 6–3–20; 8:45 am] • Status Report from the FAA BILLING CODE 4910–13–P Agency Information Collection • Status Updates: Activities: Requests for Comments; Æ Active Working Groups Clearance of Renewed Approval of DEPARTMENT OF TRANSPORTATION Æ Transport Airplane and Engine Information Collection: Application for (TAE) Subcommittee Certificate of Waiver or Authorization Federal Aviation Administration • Recommendation Reports AGENCY: Federal Aviation Aviation Rulemaking Advisory • Any Other Business Administration (FAA), DOT. Committee; Meeting ACTION: Notice and request for Detailed agenda information will be comments. AGENCY: Federal Aviation posted on the FAA Committee website Administration (FAA), DOT. address listed in the ADDRESSES section SUMMARY: In accordance with the ACTION: Notice of Aviation Rulemaking at least one week in advance of the Paperwork Reduction Act of 1995, FAA Advisory Committee (ARAC) meeting. meeting. invites public comments about our intention to request Office of III. Public Participation SUMMARY: This notice announces a Management and Budget (OMB) meeting of the ARAC. The meeting will be open to the approval to renew an information DATES: The meeting will be held on public on a first-come, first-served basis, collection. The Federal Register Notice Thursday, June 18, 2020, from 1:00 p.m. as space is limited. Please confirm your with a 60-day comment period soliciting to 4:00 p.m. Eastern Daylight Time. attendance with the person listed in the comments on the following collection of Requests to attend the meeting must FOR FURTHER INFORMATION CONTACT information was published on March be received by Monday, June 8, 2020. section. Please provide the following 31, 2020. This collection affects persons Requests for accommodations to a information: Full legal name, country of who have a need to deviate from certain disability must be received by Monday, citizenship, and name of your industry regulations that govern use of airspace June 8, 2020. association, or applicable affiliation. If within the United States. The request also describes the burden associated Requests to submit written materials you are attending as a public citizen, with authorizations to make parachute to be reviewed during the meeting must please indicate so. jumps and operate unmanned aircraft be received no later than Monday, June For persons participating by (including moored balloons, kites, 8, 2020. telephone, please contact the person unmanned rockets, and unmanned free ADDRESSES: The meeting will be held listed in the FOR FURTHER INFORMATION balloons). CONTACT virtually. Members of the public who section by email or phone for DATES: Written comments should be wish to observe the meeting must RSVP the teleconference call-in number and submitted by July 6, 2020. by emailing [email protected]. passcode. Callers are responsible for ADDRESSES: Written comments and General committee information paying long-distance charges. recommendations for the proposed including copies of the meeting minutes The U.S. Department of information collection should be sent will be available on the FAA Committee Transportation is committed to within 30 days of publication of this website at https://www.faa.gov/ providing equal access to this meeting notice to www.reginfo.gov/public/do/ regulations_policies/rulemaking/ for all participants. If you need PRAMain. Find this particular committees/documents/. alternative formats or services because information collection by selecting FOR FURTHER INFORMATION CONTACT: of a disability, such as sign language, ‘‘Currently under 30-day Review—Open Lakisha Pearson, Federal Aviation interpretation, or other ancillary aids, for Public Comments’’ or by using the Administration, 800 Independence please contact the person listed in the search function. Avenue SW, Washington, DC 20591, FOR FURTHER INFORMATION CONTACT FOR FURTHER INFORMATION CONTACT: telephone (202) 267–4191; fax (202) section. Raymond Plessinger by email at: 267–5075; email [email protected]. The FAA is not accepting oral [email protected]; phone: Any committee-related request should presentations at this meeting due to (717) 774–8271. be sent to the person listed in this time constraints. Any member of the SUPPLEMENTARY INFORMATION: section. public may present a written statement Public Comments Invited: You are SUPPLEMENTARY INFORMATION: to the committee at any time. The public asked to comment on any aspect of this may present written statements to the information collection, including (a) I. Background Aviation Rulemaking Advisory Whether the proposed collection of The ARAC was created under the Committee by providing a copy to the information is necessary for FAA’s Federal Advisory Committee Act Designated Federal Officer via the email performance; (b) the accuracy of the (FACA), in accordance with Title 5 of listed in the FOR FURTHER INFORMATION estimated burden; (c) ways for FAA to the United States Code (5 U.S.C. App. CONTACT section. enhance the quality, utility and clarity 2) to provide advice and Issued in Washington, DC, on June 1, 2020. of the information collection; and (d) recommendations to the FAA ways that the burden could be concerning rulemaking activities, such Brandon Roberts, minimized without reducing the quality as aircraft operations, airman and air Acting Executive Director Office of of the collected information. agency certification, airworthiness Rulemaking. OMB Control Number: 2120–0027. standards and certification, airports, [FR Doc. 2020–12092 Filed 6–3–20; 8:45 am] Title: Application for Certificate of maintenance, noise, and training. BILLING CODE 4910–13–P Waiver or Authorization.

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Form Numbers: FAA form 7711–2. Issued in Washington, DC, on June 1, 2020. SUPPLEMENTARY INFORMATION: Type of Review: Renewal. Dwayne C. Morris, Public Comments Invited: You are Project Manager, Flight Standards Service, asked to comment on any aspect of this Background: The Federal Register General Aviation and Commercial Division. Notice with a 60-day comment period information collection, including (a) [FR Doc. 2020–12099 Filed 6–3–20; 8:45 am] soliciting comments on the following whether the proposed collection of collection of information was published BILLING CODE 4910–13–P information is necessary for FAA’s on March 31, 2020 (85 FR 17940). The performance; (b) the accuracy of the estimated burden; (c) ways for FAA to information collected by FAA Form DEPARTMENT OF TRANSPORTATION 7711–2, Application for Certificate of enhance the quality, utility, and clarity Waiver or Authorization, is reviewed Federal Aviation Administration of the information collection; and (d) and analyzed by FAA to determine the ways that the burden could be type and extent of the intended [Docket No. FAA–2019–0756] minimized without reducing the quality deviation from prescribed regulations. A of the collected information. The agency Agency Information Collection certificate of waiver or authorization to will summarize and/or include your Activities: Requests for Comments; deviate is generally issued to the comments in the request for OMB’s Clearance of a Renewed Approval of applicant (individuals and businesses) if clearance of this information collection. Information Collection: Aging Aircraft the proposed operation does not create Program (Widespread Fatigue OMB Control Number: 2120–0743. a hazard to persons, property, or other Damage) aircraft, and includes the operation of Title: Aging Aircraft Program (Widespread Fatigue Damage). unmanned aircraft. Applications for AGENCY: Federal Aviation certificates of waiver to the provisions Administration (FAA), DOT. Form Numbers: There are no FAA of Parts 91 and 101 are made by using ACTION: Notice and request for forms associated with this collection. FAA Form 7711–2. Application for comments. Type of Review: Renewal of an authorization to make parachute jumps information collection. (other than emergency or military SUMMARY: In accordance with the operations) under Part 105, Section Paperwork Reduction Act of 1995, the Background: The Federal Register 105.15 (airshows and meets) also uses FAA invites public comments about our Notice with a 60-day comment period FAA Form 7711–2. Application for intention to request Office of soliciting comments on the following other types of parachute jumping Management and Budget (OMB) collection of information was published activities are submitted in various ways; approval to renew an information on October 21, 2019 (84 FR 56281). The e.g., in writing, in person, by telephone, collection. The Federal Register Notice FAA did not receive any comments. etc. with a 60-day comment period soliciting The ‘‘Aging Aircraft Program Persons authorized to deviate from comments on the following collection of (Widespread Fatigue Damage)’’ final provisions of Part 101 are required to information was published on October rule amended FAA regulations give notice of actual activities. Persons 21, 2019. The collection involves pertaining to certification and operation operating in accordance with the submittal of limits of validity of of transport category airplanes to provisions of Part 101 are also required engineering data that supports the preclude widespread fatigue damage in to give notice of actual activities. In both structural maintenance program those airplanes. This collection requires instances, the notice of information (hereafter referred to as LOV) for certain that design approval holders submit required is the same. Therefore, the airplane models. The information to be LOV to the responsible Aircraft burden associated with applications for collected will be used to demonstrate Certification Service office for approval certificates of waiver or authorization compliance with FAA regulations to demonstrate compliance with § 26.21 and the burden associated with notices requiring establishment and or § 26.23, as applicable. This collection of actual aircraft activities are identified incorporation of LOV into the airplane’s also requires that operators submit the and included in this request for structural maintenance program. LOV to their Principal Maintenance clearance. DATES: Written comments should be Inspectors to demonstrate compliance Regarding operation of small submitted by July 6, 2020. with § 121.1115 or § 129.115, as unmanned aircraft systems under Part ADDRESSES: Interested persons are applicable. 107, applications for a certificate of invited to submit written comments on Respondents: Approximately 27 waiver were previously covered by this the proposed information collection to design approval holders and operators. information collection. However, such the Office of Information and Regulatory waiver requests are now covered by Affairs, Office of Management and Frequency: Information is collected information collection 2120–0768. Budget. Comments should be addressed on occasion. Therefore, unlike the 60-day Federal to the attention of the Desk Officer, Estimated Average Burden per Register Notice, this 30-day Federal Department of Transportation/FAA, and Response: 2.72 hours. _ Register Notice does not include burden sent via email to oira submission@ Estimated Total Annual Burden: 408 hours for waiver applications under Part omb.eop.gov, or faxed to (202) 395– hours. 107. 6974, or mailed to the Office of Issued in Des Moines, WA, on May 29, Respondents: 21,661 airmen and Information and Regulatory Affairs, 2020. aircraft operators. Office of Management and Budget, Docket Library, Room 10102, 725 17th Paul R. Siegmund, Frequency: On occasion. Street NW, Washington, DC 20503. Acting Manager, Transport Standards Estimated Average Burden per FOR FURTHER INFORMATION CONTACT: Branch, Policy and Innovation Division, Response: 1.25 hours. Walter M. Sippel by email at: Aircraft Certification Service. Estimated Total Annual Burden: [email protected]; phone: (206) [FR Doc. 2020–12020 Filed 6–3–20; 8:45 am] 13,761 hours. 231–3216. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Authority: 23 U.S.C. 139, 23 CFR 771, and historical, cultural and religious 40 CFR 1500–1508. significance of the area. Federal Highway Administration Issued on: May 29, 2020. Because of the anticipated adverse Ralph Rizzo, impacts to archaeological and historical Rescinding the Notice of Intent To Division Administrator, Honolulu, HI. resources, impacts to wetlands and Prepare Environmental Impact endangered species, and the estimated [FR Doc. 2020–12118 Filed 6–3–20; 8:45 am] Statement (EIS): South Kohala, Hawaii right-of-way and construction costs, BILLING CODE 4910–RY–P HDOT has determined that the project, AGENCY: Federal Highway Administration (FHWA), DOT. as currently configured and envisioned, DEPARTMENT OF TRANSPORTATION is not warranted at this time. Therefore, ACTION: Notice to rescind notice of the preparation of the EIS is being intent (NOI) to prepare an Federal Highway Administration terminated. environmental impact statement (EIS). (Catalog of Federal Domestic Assistance Rescinding the Notice of Intent To SUMMARY: The FHWA is issuing this Program Number 20.205, Highway Planning notice to advise the public that it is Prepare Environmental Impact and Construction. The regulations rescinding its NOI and will not be Statement (EIS): Kauai County, Hawaii implementing Executive Order 12372 regarding intergovernmental consultation on preparing an EIS to evaluate alternatives AGENCY: Federal Highway Federal programs and activities apply to this that would support the increase in Administration (FHWA), DOT. program.) traffic demands and special needs, ACTION: Notice to rescind notice of Authority: 23 U.S.C. 139, 23 CFR 771, and including the movement of military and intent (NOI) to prepare an 40 CFR 1500–1508. commercial truck traffic between environmental impact statement (EIS). Waimea Town and Kawaihae Harbor in Issued on: May 29, 2020. South Kohala in the County of Hawaii. SUMMARY: The FHWA is issuing this Ralph Rizzo, An NOI to prepare an EIS was published notice to advise the public that it is Division Administrator, Honolulu, HI. in the Federal Register on November 29, rescinding its NOI and will not be [FR Doc. 2020–12114 Filed 6–3–20; 8:45 am] 2002. preparing an EIS for the proposed Kuhio BILLING CODE 4910–RY–P FOR FURTHER INFORMATION CONTACT: Highway Improvements, Hanamaulu to Ralph Rizzo, Division Administrator, Kapaa, Kauai County, Hawaii. An NOI Federal Highway Administration, 300 to prepare an EIS was published in the DEPARTMENT OF TRANSPORTATION Federal Register on June 3, 2002. Ala Moana Boulevard, Box 50206, Federal Railroad Administration Honolulu, Hawaii 96850, Telephone: FOR FURTHER INFORMATION CONTACT: (808) 541–2700. Ralph Rizzo, Division Administrator, [Docket Number FRA–2010–0025] SUPPLEMENTARY INFORMATION: Federal Highway Administration, 300 The Petition for Waiver of Compliance FHWA, in cooperation with the State of Ala Moana Boulevard, Box 50206, Hawaii Department of Transportation Honolulu, Hawaii 96850, Telephone: Under part 211 of title 49 Code of (HDOT), initiated an EIS with an NOI (808) 541–2700. Federal Regulations (CFR), this published in the Federal Register on SUPPLEMENTARY INFORMATION: The document provides the public notice November 29, 2002, at 67 FR 71231, to FHWA, in cooperation with the State of that on May 12, 2020, Copper Basin prepare an EIS. Hawaii Department of Transportation Railway (CBR) petitioned the Federal As part of the EIS, a new highway (HDOT), initiated an EIS with an NOI Railroad Administration (FRA) to approximately 14 miles in length, published in the Federal Register on extend its special approval and request transportation system management, and June 3, 2002, at 67 FR 38310, to prepare a waiver of compliance from certain the no build alternative would have an EIS for the proposed improvements provisions of the Federal railroad safety been studied. Improvements were to Kuhio Highway (FAP 56) on the regulations contained at 49 CFR part considered necessary to accommodate island of Kauai. This notice superseded 215, Railroad Freight Car Safety the anticipated traffic demands, and an earlier notice for the same project Standards. FRA assigned the petition special needs including heavy truck published in the October 9, 1992 edition Docket Number FRA–2010–0025. traffic and military vehicles. The Project of the Federal Register (57 FR 46620). Specifically, CBR seeks to renew its would impact a sizable number of The Project would impact a sizable special approval pursuant to 49 CFR historic and archaeological resources number of historical and archaeological 215.203, Restricted cars, to continue in due to the sheer number of resources that were previously service 10 open-top hopper cars built in archaeological sites identified during identified, including the Wailua 1958. CBR also seeks relief (not the survey. Avoidance of all of these Complex of Heiau National Historic previously granted for these 10 cars) sites would be difficult and may not be Landmark. Additionally, the recent from § 215.303, Stenciling of restricted feasible. Additionally, the cost for the identified Wailua Traditional Cultural cars. estimated right-of-way and construction Property (TCP), which encompasses the CBR states that these cars are captive would likely be substantial because of entire Wailua Ahupuaa, would be ore cars used to haul ore from the mine limited funding availability. Therefore, impacted. This TCP is a highly at Ray Mine yard, in Ray, Arizona, to HDOT has decided not to pursue the important spiritual place for many the Hayden smelter yard in Hayden, project and the preparation of the EIS is Hawaiians. Given that the Project would Arizona, in a local unit train with like- being terminated. include a new highway alignment and kind ore cars, never used with a new bridge over Wailua River that hazardous materials or other cars. These (Catalog of Federal Domestic Assistance would go through the Wailua TCP, a Program Number 20.205, Highway Planning cars will not be interchanged with other and Construction. The regulations Section 106 adverse effect and Section railroads, and they have been in implementing Executive Order 12372 4(f) use would likely occur. With no continuous duty and inspection cycles regarding intergovernmental consultation on avoidance alternative being possible, since their date of manufacture. Federal programs and activities apply to this mitigation of this adverse effect may not A copy of the petition, as well as any program.) be feasible and prudent given the written communications concerning the

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petition, is available for review online at Issued in Washington, DC. A copy of the petition, as well as any www.regulations.gov and in person at John Karl Alexy, written communications concerning the the U.S. Department of Transportation’s Associate Administrator for Railroad Safety, petition, is available for review online at (DOT) Docket Operations Facility, 1200 Chief Safety Officer. www.regulations.gov and in person at New Jersey Ave. SE, W12–140, [FR Doc. 2020–12014 Filed 6–3–20; 8:45 am] the U.S. Department of Transportation’s Washington, DC 20590. The Docket BILLING CODE 4910–06–P (DOT) Docket Operations Facility, 1200 Operations Facility is open from 9 a.m. New Jersey Ave. SE, W12–140, to 5 p.m., Monday through Friday, Washington, DC 20590. The Docket except Federal Holidays. DEPARTMENT OF TRANSPORTATION Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, Interested parties are invited to Federal Railroad Administration except Federal Holidays. participate in these proceedings by Interested parties are invited to submitting written views, data, or [Docket Number FRA–2003–15010] comments. FRA does not anticipate participate in these proceedings by scheduling a public hearing in Petition for Waiver of Compliance submitting written views, data, or connection with these proceedings since comments. FRA does not anticipate the facts do not appear to warrant a Under part 211 of title 49 Code of scheduling a public hearing in hearing. If any interested parties desire Federal Regulations (CFR), this connection with these proceedings since an opportunity for oral comment and a document provides the public notice the facts do not appear to warrant a public hearing, they should notify FRA, that on May 19, 2020, Canadian Pacific hearing. If any interested parties desire in writing, before the end of the Railway Company (CP) petitioned the an opportunity for oral comment and a comment period and specify the basis Federal Railroad Administration (FRA) public hearing, they should notify FRA, in writing, before the end of the for their request. to modify a waiver of compliance from certain provisions of the Federal comment period and specify the basis All communications concerning these railroad safety regulations contained at for their request. proceedings should identify the 49 CFR part 241, United States All communications concerning these appropriate docket number and may be Locational Requirement for Dispatching proceedings should identify the submitted by any of the following of United States Rail Operations. FRA appropriate docket number and may be methods: assigned the petition Docket Number submitted by any of the following • Website: http:// FRA–2003–15010. methods: www.regulations.gov. Follow the online Specifically, CP requests relief from • Website: http:// instructions for submitting comments. 49 CFR 241.7(c), Fringe border www.regulations.gov. Follow the online • Fax: 202–493–2251. dispatching, which would allow instructions for submitting comments. Canadian dispatching from CP’s • • Fax: 202–493–2251. Mail: Docket Operations Facility, Operations Center located in Calgary, • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 Alberta, Canada (CP Calgary OC) for the U.S. Department of Transportation, 1200 New Jersey Ave. SE, W12–140, recently acquired Central Maine and New Jersey Ave. SE, W12–140, Washington, DC 20590. Que´bec Railway (CMQR) track segments Washington, DC 20590. • on the Newport Subdivision within the Hand Delivery: 1200 New Jersey • Ave. SE, Room W12–140, Washington, U.S. The Newport Subdivision starts Hand Delivery: 1200 New Jersey DC 20590, between 9 a.m. and 5 p.m., near Brookport, Quebec, Canada, and Ave. SE, Room W12–140, Washington, Monday through Friday, except Federal ends near Newport, Vermont, U.S., DC 20590, between 9 a.m. and 5 p.m., Holidays. crossing the U.S./Canada border at three Monday through Friday, except Federal Holidays. Communications received by July 20, separate locations. In Canada, the Newport Subdivision connects to Communications received by July 20, 2020 will be considered by FRA before CMQR’s Adirondack and Sherbrooke 2020 will be considered by FRA before final action is taken. Comments received Subdivisions in Brookport, Quebec, final action is taken. Comments received after that date will be considered if Canada. This relief would apply to two after that date will be considered if practicable. track segments totaling 23.44 miles of practicable. Anyone can search the electronic the CMQR Newport Subdivision within Anyone can search the electronic form of any written communications the U.S. form of any written communications and comments received into any of our In support of its petition, CP states and comments received into any of our dockets by the name of the individual that all trains operated in the U.S. will dockets by the name of the individual submitting the comment (or signing the be under the control of a single crew, submitting the comment (or signing the document, if submitted on behalf of an barring unforeseen circumstances, and document, if submitted on behalf of an association, business, labor union, etc.). that dispatching will be provided by association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits train dispatchers that are bilingual in Under 5 U.S.C. 553(c), DOT solicits comments from the public to better French and English to allow train crews comments from the public to better inform its processes. DOT posts these to communicate with dispatchers in inform its processes. DOT posts these comments, without edit, including any their primary language. CP also explains comments, without edit, including any personal information the commenter that dispatching will be transferred to a personal information the commenter provides, to www.regulations.gov, as U.S. carrier at the point or yard where provides, to www.regulations.gov, as described in the system of records the interchange takes place. It further described in the system of records notice (DOT/ALL–14 FDMS), which can states that allowing the U.S. track notice (DOT/ALL–14 FDMS), which can be reviewed at https:// segments of the Newport Subdivision to be reviewed at https:// www.transportation.gov/privacy. See be under the control of the same www.transportation.gov/privacy. See also https://www.regulations.gov/ operations center would allow for also https://www.regulations.gov/ privacyNotice for the privacy notice of consistent procedures and oversight for privacyNotice for the privacy notice of regulations.gov. the involved crews and train operations. regulations.gov.

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Issued in Washington, DC. comments will become a matter of FS Form 5188—Durable Power of John Karl Alexy, public record. Comments are invited on: Attorney for Securities and Savings Associate Administrator for Railroad Safety, 1. Whether the collection of information Bonds Transactions Chief Safety Officer. is necessary for the proper performance FS Form 5191—Application for [FR Doc. 2020–12009 Filed 6–3–20; 8:45 am] of the functions of the agency, including Recognition as Natural Guardian of a BILLING CODE 4910–06–P whether the information shall have Minor practical utility; 2. the accuracy of the FS Form 5235—Report of Non-Receipt, agency’s estimate of the burden of the Loss, Theft, or Destruction of a Fiscal DEPARTMENT OF THE TREASURY collection of information; 3. ways to Agency Check and Application for enhance the quality, utility, and clarity Replacement Bureau of the Fiscal Service of the information to be collected; 4. FS Form 5236—Claim for Proceeds of a ways to minimize the burden of the Fiscal Agency Check Proposed Collection of Information: collection of information on Abstract: The information is Resolution for Transactions Involving respondents, including through the use requested to issue and maintain Treasury Securities of automated collection techniques or Treasury Bills, Notes, and Bonds. other forms of information technology; Current Actions: Revision of a ACTION: Notice and request for and 5. estimates of capital or start-up currently approved collection. comments. costs and costs of operation, Type of Review: Regular. Affected Public: Individuals or SUMMARY: The Department of the maintenance, and purchase of services to provide information. Households. Treasury, as part of its continuing effort Estimated Number of Respondents: Dated: May 29, 2020. to reduce paperwork and respondent 5,100. burden, invites the general public and Bruce A. Sharp, Estimated Time per Respondent: 13 other Federal agencies to take this Bureau PRA Clearance Officer. minutes. opportunity to comment on proposed [FR Doc. 2020–12011 Filed 6–3–20; 8:45 am] Estimated Total Annual Burden and/or continuing information BILLING CODE 4410–AS–P Hours: 1,105. collections, as required by the Request for Comments: Comments Paperwork Reduction Act of 1995. submitted in response to this notice will Currently the Bureau of the Fiscal DEPARTMENT OF THE TREASURY be summarized and/or included in the Service within the Department of the request for OMB approval. All Treasury is soliciting comments Bureau of the Fiscal Service comments will become a matter of concerning the Resolution for public record. Comments are invited on: Transactions Involving Treasury Proposed Collection of Information: Legacy Treasury Direct Forms 1. Whether the collection of information Securities. is necessary for the proper performance DATES: Written comments should be ACTION: Notice and request for of the functions of the agency, including received on or before August 3, 2020 to comments. whether the information shall have be assured of consideration. practical utility; 2. the accuracy of the ADDRESSES: Direct all written comments SUMMARY: The Department of the agency’s estimate of the burden of the and requests for additional information Treasury, as part of its continuing effort collection of information; 3. ways to to Bureau of the Fiscal Service, Bruce A. to reduce paperwork and respondent enhance the quality, utility, and clarity Sharp, Room #4006–A, PO Box 1328, burden, invites the general public and of the information to be collected; 4. Parkersburg, WV 26106–1328, or other Federal agencies to take this ways to minimize the burden of the [email protected]. opportunity to comment on proposed collection of information on respondents, including through the use SUPPLEMENTARY INFORMATION: and/or continuing information of automated collection techniques or Title: Resolution for Transactions collections, as required by the other forms of information technology; Involving Treasury Securities. Paperwork Reduction Act of 1995. and 5. estimates of capital or start-up OMB Number: 1530–0049. Currently the Bureau of the Fiscal costs and costs of operation, Form Number: FS Form 1010. Service within the Department of the maintenance, and purchase of services Abstract: The information is collected Treasury is soliciting comments to provide information. to establish an official’s authority (by concerning the Legacy Treasury Direct name and title) when conducting Forms. Dated: May 29, 2020. transactions involving Treasury DATES: Written comments should be Bruce A. Sharp, Securities on behalf of an organization. received on or before August 3, 2020 to Bureau PRA Clearance Officer. Current Actions: Extension of a be assured of consideration. [FR Doc. 2020–12010 Filed 6–3–20; 8:45 am] currently approved collection. ADDRESSES: Direct all written comments BILLING CODE 4410–AS–P Type of Review: Regular. and requests for additional information Affected Public: Business or other for- to Bureau of the Fiscal Service, Bruce A. profit. Sharp, Room #4006–A, PO Box 1328, UNIFIED CARRIER REGISTRATION Estimated Number of Respondents: Parkersburg, WV 26106–1328, or PLAN 2,580. [email protected]. Estimated Time per Respondent: 10 Sunshine Act Meeting Notice; Unified minutes. SUPPLEMENTARY INFORMATION: Carrier Registration Plan Board of Estimated Total Annual Burden Title: Legacy Treasury Direct Forms. Directors Meeting Hours: 430. OMB Number: 1530–0042. Request for Comments: Comments Form Number: TIME AND DATE: June 9, 2020, from Noon submitted in response to this notice will FS Form 5178—Transaction Request to 3:00 p.m., Eastern time. be summarized and/or included in the FS Form 5179—Security Transfer PLACE: This meeting will be accessible request for OMB approval. All Request via conference call and screen sharing.

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Any interested person may call 877– VII. Updates Concerning UCR F. Discussion on Focused Anomaly 853–5247 (US toll free), 888–788–0099 Legislation—UCR Board Chair Reviews (FARs) and MCS–150 Audit (US toll free), +1 669–900–6833 (US The UCR Board Chair will call for any Reporting Strategy—UCR Audit toll), or +1 929–205–6099 (US toll), updates regarding UCR legislation since Subcommittee Chair Conference ID 996 1775 0976, to the last Board meeting. participate in the meeting. The UCR Audit Subcommittee Chair STATUS: This meeting will be open to VIII. Chief Legal Officer Report—UCR will lead a discussion concerning the the public. Executive Director reporting strategy in regards to FARs and MCS–150 forms. MATTERS TO BE CONSIDERED: The The UCR Chief Legal Officer will Unified Carrier Registration Plan Board provide an update on the status of the G. Update on the Audits of the of Directors (the ‘‘Board’’) will continue March 2019 data event and the Twelve Depository—UCR Depository Manager its work in developing and Percent Logistics litigation. The UCR Depository Manager will implementing the Unified Carrier IX. Subcommittee Reports Registration Plan and Agreement. The provide an update on the planned subject matter of the meeting will Audit Subcommittee—UCR Audit completion of the 2017–2018 Depository include: Subcommittee Chair audits and discuss timing and actions for the upcoming Depository 2019 audit. Agenda A. Update on 2020 State Compliance Reviews—UCR Depository Manager Finance Subcommittee—UCR Finance I. Welcome and Call to Order—UCR The UCR Depository Manager will Subcommittee Chair Board Chair provide an update on the plans for the A. Status of 2020 Registration Year Fee The UCR Board Chair will welcome 2020 state compliance reviews, Collections—UCR Depository Manager attendees, call the meeting to order, call including contingency plans related to roll for the Board, and facilitate self- the COVID–19 pandemic. The UCR Depository Manager will introductions. B. Update on the 2020 New Entrant and provide an update on the status of II. Verification of Meeting Notice—UCR Unregistered Solicitation Campaigns— collections for the 2020 registration year Executive Director Seikosoft and compare to 2019 registrations for the equivalent time-period one year ago, The UCR Executive Director will Seikosoft will provide an updated to provide perspective on the impact of verify publication of the meeting notice report on new entrant motor carrier the COVID–19 crisis. The Depository on the UCR website and distribution to campaigns managed by the National Manager will also provide additional the UCR contact list via email followed Registration System (NRS), new entrant insights regarding registration by subsequent publication of the notice motor carrier campaigns managed by the compliance rates for 2020 and compare in the Federal Register. states, unregistered motor carrier against 2019. campaigns managed by the NRS, and III. Review and Approval of Board unregistered motor carrier campaigns B. Investment Accounts Update—UCR Agenda—UCR Board Chair managed by the states. Depository Manager For Discussion and Possible Action C. Update on the Non-Universe Motor The UCR Depository Manager will Agenda will be reviewed and the Carrier Solicitation Campaigns— provide an update on the earnings from Board will consider adoption. Seikosoft the UCR’s investment accounts and Ground Rules Seikosoft will provide an updated provide insight on the continued report on the solicitation campaign reduction of the interest rates paid on ➢ Board actions taken only in targeting motor carriers identified the UCR’s financial accounts. designated areas on agenda through roadside inspections to be C. 2020 Operating Costs—UCR IV. Approval of Minutes of the April 23, operating in interstate commerce but Depository Manager 2020 UCR Board Meeting—UCR identified in MCMIS as either intrastate Executive Director or inactive. The UCR Depository Manager will For Discussion and Possible Action D. Update on the NRS Audit Report provide an update on the year-to-date Tool and Transition to Excel Format— costs of operating the UCR Plan and Minutes of the April 23, 2020 Board provide insights into how actual costs meeting will be reviewed. The Board Seikosoft/UCR Audit Subcommittee Chair compare with the 2020 operating will consider action to approve. budget. Seikosoft and the UCR Audit V. Discussion of COVID–19 Impact on Subcommittee Chair will provide an D. Upcoming Depository Distribution UCR—UCR Board Chair update on the NRS Audit Report Tool. and Timing of Next Registration Fee The UCR Board Chair will lead a E. Update on the July 1st State Audit Disbursements—UCR Depository discussion on the impact of the COVID– Report—UCR Audit Subcommittee Manager 19 pandemic on industry, state Chair operations, and UCR collections. The UCR Depository Manager will The UCR Audit Subcommittee Chair discuss the near-term plans for VI. Report of FMCSA—FMCSA will provide an update to participating disbursements of May registration fees Representative states with regards to reporting on the collected, and the next planned FMCSA will provide a report on any 2019 audits that must be completed by distribution of funds to states that have relevant activity. July 1, 2020. not yet met revenue entitlements.

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Education and Training • DSL Transportation Services, Inc. XII. Adjournment—UCR Board Chair Subcommittee—UCR Education and DSL will report on the latest data on The UCR Board Chair will adjourn the Training Subcommittee Chair state collections based on reporting from meeting. A. Update on Plans to Launch Training the FARs program. • This agenda will be available no later Modules—UCR Education and Training Seikosoft than 5:00 p.m. Eastern time, June 1, Subcommittee Chair Seikosoft will provide an update on recent/new activity related to the NRS. 2020 at: https://plan.ucr.gov. The UCR Education and Training • UCR Administrator Report (Kellen)— CONTACT PERSON FOR MORE INFORMATION: Subcommittee Chair will provide an UCR Operations and Depository Elizabeth Leaman, Chair, Unified update on plans to launch an initial Managers Carrier Registration Plan Board of wave of training modules by June 2020. The UCR Administrator will provide Directors, (617) 305–3783, eleaman@ X. Contractor Reports—UCR Executive its management report covering recent board.ucr.gov. Director activity for the Depository, Operations, and Communications. Alex B. Leath, • UCR Executive Director Chief Legal Officer, Unified Carrier The UCR Executive Director will XI. Other Business—UCR Board Chair Registration Plan. provide a report covering recent activity The UCR Board Chair will call for any [FR Doc. 2020–12211 Filed 6–2–20; 4:15 pm] for the UCR Plan. business, old or new, from the floor. BILLING CODE 4910–YL–P

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