Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-02-03.xml --- 85 22 Monday, February 3, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request on Radiation Therapy for Brain Metastases: A Systematic Review, 5961-5963 2020-01996 Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Open Innovation Competitions—Prizes, Challenges, Hackathons, 5927 2020-01961 Agricultural Marketing Agricultural Marketing Service NOTICES Draft Instructions on Testing Methods:

National Bioengineered Food Disclosure Standard, 5927-5928 2020-01906 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See The U.S. Codex Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5928 2020-01890 AIRFORCE Air Force Department NOTICES Meetings: Board of Visitors, U.S. Air Force Academy, 5943-5944 2020-01923 Animal Animal and Plant Health Inspection Service NOTICES International Trade Data System:

Timeline for Enforcing APHIS Core Message Set Flags in the Automated Commercial Environment, 5928-5929 2020-01984 Army Army Department NOTICES Meetings: Board of Visitors, United States Military Academy, 5944-5945 2020-01973 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5932-5937 2020-01945 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 5963-5964 2020-01963 2020-01964 2020-01965 2020-01962 Civil Rights Civil Rights Commission NOTICES Meetings:

Tennessee Advisory Committee, 5932 2020-01901 Washington Advisory Committee, 5931-5932 2020-01951 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Monongahela River Mile 23.8 to Mile 26.0, Pittsburgh, PA, 5909-5911 2020-01919 Monongahela River Mile 28.0 to Mile 30.0, Pittsburgh, PA, 5911-5913 2020-01920 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Air Force Department See Army Department See Engineers Corps See Navy Department Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application:

Bulk Manufacturers of Marihuana: Spocannabis, LLC, 5985-5986 2020-01966 IsoSciences, LLC, 5992-5993 2020-01960 Noramco, Inc., 5984-5985 2020-01959 Decision and Order: Andrzej Kazimierz Zielke, M.D., 5987-5989 2020-01968 Kambiz Haghighi, M.D., 5989-5990 2020-01969 Shelton W. Barnes, M.D., 5983-5984 2020-01967 Solomon Adu-Beniako, M.D., 5990-5992 2020-01971 Theresa L. Wendt, N.P., 5986-5987 2020-01970 Importer of Controlled Substances Application: Stepan Co., 5994 2020-01958 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Teacher and Principal Survey of 2020-2021, 5947 2020-01895 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Hydrogen and Fuel Cell Technical Advisory Committee, 5947-5948 2020-01942 Engineers Engineers Corps NOTICES Meetings: Board on Coastal Engineering Research, 5945-5946 2020-01972 Environmental Protection Environmental Protection Agency NOTICES Ambient Air Monitoring Reference and Equivalent Methods;

Designation of One New Reference Method, 5958 2020-01999 Clean Air Act Operating Permit Program: Petition for Objection to State Operating Permit for Wheelabrator Environmental System, Inc.; Wheelabrator Concord Co., L.P., Concord, NH, 5956-5957 2020-02010 Pesticide Registration Review: Interim Decision for Glyphosate, 5957-5958 2020-01935 Interim Decisions and Case Closures for Several Pesticides, 5952-5953 2020-02045 Proposed Interim Decisions for Several Neonicotinoid Pesticides, 5953-5954 2020-01995 Proposed Consent Decree:

Clean Water Act and Administrative Procedures Act Claims, 5955-5956 2020-01998 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 5906-5909 2020-01922 Type of Certification of Unmanned Aircraft Systems, 5905-5906 2020-01877 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Representatives of the Administrator, 6012 2020-01926 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 5959 2020-02152 Termination of Receiverships, 5958-5959 2020-02056 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations; Changes, 5971-5979 2020-01902 2020-01903 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5948-5949 2020-01956 Combined Filings, 5948-5950 2020-01948 2020-01955 Environmental Assessments;

Availability, etc.: New England Hydropower Co., LLC, 5950-5951 2020-01949 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Oklahoma Wind, LLC, 5951 2020-01950 Pleasants, LLC, 5950 2020-01947 White Cloud Wind Project, LLC, 5951-5952 2020-01952 Institution of Section 206 Proceeding: Hickory Run Energy, LLC, 5951 2020-01954 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 5959-5960 2020-01985 2020-01986 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreement:

T and M Protection Resources, LLC; Analysis to Aid Public Comment, 5960-5961 2020-02022 Fish Fish and Wildlife Service PROPOSED RULES Migratory Bird Permits: Take of Migratory Birds; Environmental Impact Statement, 5913-5915 2020-01770 Take of Migratory Birds, 5915-5926 2020-01771 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in Food and Drug Administration Fellowship and Traineeship Programs, 5966-5967 2020-01989 Planning for the Effects of High Absenteeism to Ensure Availability of Medically Necessary Drug Products, 5965-5966 2020-01992 Charter Renewal:

Advisory Committee; Vaccines and Related Biological Products Advisory Committee, 5964-5965 2020-01988 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 6016-6018 2020-02009 Forest Forest Service NOTICES Meetings: Southwest Montana Resource Advisory Committee, 5931 2020-02024 General Services General Services Administration RULES Federal Management Regulation: Utility Services, 5903-5904 2020-01020 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Ryan White HIV/AIDS Program Part F Dental Services Report, 5969-5970 2020-01907 The National Health Service Corps Loan Repayment Programs, 5967-5969 2020-01933 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Interior Interior Department See Fish and Wildlife Service NOTICES Meetings: Exxon Valdez Oil Spill Public Advisory Committee, 5979-5980 2020-01804 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Advance Notification of Sunset Review, 5941-5942 2020-01976 Initiation of Five-Year (Sunset) Reviews, 5940-5941 2020-01978 Opportunity to Request Administrative Review, 5938-5940 2020-01977 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Kitchen Appliance Shelving and Racks from China, 5980-5983 2020-01980 Justice Department Justice Department See Drug Enforcement Administration See Justice Programs Office Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Law Enforcement Congressional Badge of Bravery, 5994 2020-01918 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification by School Official, 5995-5996 2020-02002 Charter Renewal: President's Committee on the International Labor Organization, 5995 2020-02001 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws:

Vessel BELLA LINA, 6012-6013 2020-01892 Vessel ELIZABETH, 6013-6014 2020-01893 Vessel KAILA LANI, 6014-6015 2020-01894 Vessel MAYA, 6015-6016 2020-01896 NASA National Aeronautics and Space Administration NOTICES Intent to Grant Exclusive License, 5998-5999 2020-01884 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 5999 2020-02126 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 5970 2020-01924 National Center for Complementary and Integrative Health, 5970-5971 2020-01925 2020-01927 2020-01928 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5943 2020-01938 Meetings: Caribbean Fishery Management Council, 5942-5943 2020-01936 Fisheries of the Exclusive Economic Zone Off Alaska; Alaska Groundfish and Halibut Seabird Working Group, 5943 2020-02012 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for International Science and Engineering, 5999-6000 2020-01943 2020-01944 Navy Navy Department NOTICES Meetings: U.S. Naval Academy Board of Visitors, 5946 2020-01987 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Requests to Federally Recognized Indian Tribes for Information, 6000-6001 2020-02008 Inspections, Tests, Analyses, and Acceptance Criteria: Southern Nuclear Operating Co., Inc.; Vogtle Electric Generating Plant, Units 3 and 4, 6001-6002 2020-01921 Meetings; Sunshine Act, 6000 2020-02076 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Beryllium Standards for General Industry, Construction and Maritime, 5996-5998 2020-02000 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 6002-6003 2020-02055 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Credit, LLC, 6007-6009 2020-01910 New York Stock Exchange, LLC, 6005-6006 2020-01909 NYSE Arca, Inc., 6009 2020-01914 The Nasdaq Stock Market, LLC, 6003-6005 2020-01912 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6009-6010 2020-01929 State Department State Department NOTICES Covered Claims under the Promoting Security and Justice for Victims of Terrorism Act, 6010 2020-02082 Culturally Significant Objects Imported for Exhibition: Lucian Freud: The Self Portraits, 6011 2020-02125 Meetings: Biodiversity Beyond National Jurisdiction, 6010-6011 2020-01931 Commission on Unalienable Rights, 6011-6012 2020-01932 Foreign Affairs Policy Board, 6010 2020-01930 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5971 2020-02023 Codex The U.S. Codex Office NOTICES Meetings: Codex Committee on Pesticide Residues, 5929-5931 2020-01937 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration Treasury Treasury Department See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for Civil Surgeon Designation, 5979 2020-01975 U.S. China U.S.-China Economic and Security Review Commission NOTICES Hearings, 6018-6019 2020-01982 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Statement, 6019-6020 2020-01940 Financial Status Report, 6020-6021 2020-01913 Pay Now Enter Info Page, 6020 2020-01915 Request for Nursing Home Information in Connection with Claim for Aid and Attendance, 6021 2020-01941 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 85 22 Monday, February 3, 2020 Rules and Regulations GENERAL SERVICES ADMINISTRATION 41 CFR Part 102-82 [FMR Case 2016-102-3; Docket 2016-0019; Sequence No. 1] RIN 3090-AJ76 Federal Management Regulation (FMR); Utility Services AGENCY:

Office of Government-wide Policy (OGP), General Services Administration (GSA). ACTION: Final rule. SUMMARY: GSA is issuing a final rule to amend the Federal Management Regulation

(FMR)part regarding utility services. The rule clarifies the authority an agency must have in order to procure utility services and describes in detail agencies' responsibilities concerning the procurement of such services. To better direct agencies that operate under a utility service delegation from GSA, the rule adds a reference to the section of the Federal Acquisition Regulation

(FAR)that addresses the acquisition of utility services and other procurement guidance. Additionally, the rule clarifies responsibilities for the Department of Defense and the Department of Energy for compliance. DATES: *Effective Date:* March 4, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Chris Coneeney, Director, Real Property, Office of Government-wide Policy, at 202-208-2956, or email at *chris.coneeney@gsa.gov* for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FMR Case 2016-102-3. SUPPLEMENTARY INFORMATION: I. Background A proposed rule was published in the **Federal Register** on August 13, 2019 (84 FR 39994). The proposed rule expanded “Subpart A—General Provisions” to better align with other parts of the FMR and clarified language in subpart B regarding agency authority and responsibilities. None of the proposed changes elicited any objections during the public comment period. In fact, only one public comment was received in response to the proposed rule, which was not germane. As a result, there were no changes made to the final rule from the published proposed rule. This final rule amends the FMR to both clarify the scope of this part and the authority an agency must have to procure utility services by pointing the reader to the appropriate parts of the FAR that relate to the acquisition of utility services. It also clarifies the responsibilities of agencies, the Department of Defense, and the Department of Energy for compliance. II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is a significant regulatory action and was subject to review under Section 6(b) of E.O. 12866. It is not a major rule under 5 U.S.C. 804. III. Executive Order 13771 This final rule is not subject to the requirements of E.O. 13771 (82 FR 9339, February 3, 2017) because it is related to agency organization, management, or personnel. IV. Regulatory Flexibility Act This final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* This final rule is also exempt from the Regulatory Flexibility Act pursuant to 5 U.S.C. 553(a)(2) because it applies to agency management. V. Paperwork Reduction Act This final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). VI. Small Business Regulatory Enforcement Fairness Act This final rule is exempt from Congressional review under 5 U.S.C. 801 since it relates solely to agency management and personnel. List of Subjects in 41 CFR Part 102-82 Federal buildings and facilities, Government property management, Rates and fares, Utilities. Dated: January 15, 2020. Emily W. Murphy, Administrator of General Services. For the reasons set forth in the preamble, GSA is revising 41 CFR part 102-82 to read as follows: PART 102-82—UTILITY SERVICES Subpart A—General Provisions Sec. 102-82.5 What does this part cover? 102-82.10 What are the governing authorities for this part? 102-82.15 Who must comply with the provisions of this part? 102-82.20 To whom do “we,” “you,” and their variants refer? 102-82.25 How do we request a deviation from the provisions of this part? Subpart B—Utility Services 102-82.30 What authority must my agency have in order to procure utility service(s)? 102-82.35 Can Executive agencies enter into contracts for utility services? 102-82.40 What are Executive agencies' rate intervention responsibilities? Authority: 40 U.S.C. 121(c) and 40 U.S.C. 501. Subpart A—General Provisions § 102-82.5 What does this part cover? This part covers the procurement and management of public utility services. It does not cover utilities that are provided as part of a lease. For more information on the procurement of utility services refer to Federal Acquisition Regulation

(FAR)in 48 CFR part 41. For more information on the management of Utility Services, refer to 40 U.S.C. 501. § 102-82.10 What are the governing authorities for this part? The authorities for the regulations in this part are:

(a)40 U.S.C. 121(c); and

(b)40 U.S.C. 501. § 102-82.15 Who must comply with the provisions of this part? All Executive agencies procuring, managing, or supplying utility services under Title 40 of the United States Code, including GSA's Public Buildings Service (PBS), Department of Defense, Department of Energy, and those agencies operating under, or subject to, the authorities of the Administrator of General Services must comply with the provisions of this part. For information on a utility services delegation of authority, refer to § 102-72.100 of this chapter. § 102-82.20 To whom do “we,” “you,” and their variants refer? Unless otherwise indicated, use of pronouns “we,” “you,” and their variants throughout this part refer to an Executive agency. Refer to part 102-71 of this chapter for the definition of Executive agency. § 102-82.25 How do we request a deviation from the provisions of this part? Refer to §§ 102-2.60 through 102-2.110 of this chapter for information on how to obtain a deviation from this part. Subpart B—Utility Services § 102-82.30 What authority must my agency have in order to procure utility service(s)? If you do not have a delegation of authority issued by GSA to procure utility services, or independent authority for such procurements, you cannot procure utility services. The Secretary of Defense is independently authorized to take such actions without a delegation from GSA, when the Secretary determines such actions to be in the best interests of national security. For more information on a utility services delegation of authority refer to §§ 102-72.100 and 102-72.105 of this chapter. § 102-82.35 Can Executive agencies enter into contracts for utility services? Executive agencies, operating under a utility services delegation from GSA, or the Secretary of Defense, when the Secretary determines it to be in the best interests of national security, may enter into contracts for utility services (such as commodities and utility rebate programs), pursuant to the terms and conditions contained in the delegation and in accordance with FAR part 41. FAR part 41 requires that agencies provide or procure from sources of supply that are the most advantageous to the Federal Government in terms of economy, efficiency, reliability, or quality of service; while 40 U.S.C. 501(c) requires that agencies provide or procure such services with due regard to the mission responsibilities of the agencies concerned. For information on utility services delegation of authority refer to part 102-72 of this chapter. For additional information on contracts for utility services, search on the topics Utility or Energy on the Acquisition Gateway, *http://www.gsa.gov* . § 102-82.40 What are Executive agencies' rate intervention responsibilities? Unless otherwise authorized by law, absent a delegation from GSA, Executive agencies must not engage in the types of representation referenced at 40 U.S.C. 501(c), Services for Executive agencies. The Secretary of Defense is independently authorized to take such actions without a delegation from GSA, when the Secretary determines such actions to be in the best interests of national security. Refer to part 102-71 of this chapter for definitions of Executive agencies and state. For information on delegation of authority refer to part 102-72 of this chapter. [FR Doc. 2020-01020 Filed 1-31-20; 8:45 am]

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