Unknown. Final rule

3,523 words·~16 min read·/register/2020/03/05/2020-03058

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2020-03-05.xml --- 85 44 Thursday, March 5, 2020 Contents Agricultural Marketing Agricultural Marketing Service RULES Kiwifruit Grown in California: Continuance Referendum, 12860-12861 2020-04176 Agriculture Agriculture Department See Agricultural Marketing Service See The U.S. Codex Office RULES Standards of Ethical Conduct for Employees of the Department of Agriculture, 12859-12860 2020-03058 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 12886 2020-04507 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 12886-12887 2020-04522 Census Bureau Census Bureau NOTICES Meetings: Census Scientific Advisory Committee, 12891-12892 2020-04551 Requests for Nominations: Census Scientific Advisory Committee, 12888-12889 2020-04552 National Advisory Committee on Racial, Ethnic, and Other Populations, 12890-12891 2020-04556 Children Children and Families Administration NOTICES Request for Information:

Innovative Approaches and Knowledge Gaps related to Enhancing Nonresident Parents' Ability to Support their Children Economically and Emotionally, 12925-12927 2020-04543 Civil Rights Civil Rights Commission NOTICES Meetings: District of Columbia Advisory Committee, 12888 2020-04482 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Hearing:

Commission Agenda and Priorities, 12908-12909 2020-04476 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2016/20 Baccalaureate and Beyond Full-Scale Study, 12909-12910 2020-04541 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board Chairs, 12910-12911 2020-04548 State Energy Advisory Board, 12911 2020-04549 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California; Mojave Desert Air Quality Management District, 12874 C1-2020-03251 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Nebraska; Lincoln-Lancaster County Health Department; Reopening of the Comment Period and Availability of Supplemental Information, 12876-12877 2020-04431 Pennsylvania; Reasonably Available Control Technology for Volatile Organic Compounds under the 2008 Ozone National Ambient Air Quality Standards, 12877-12882 2020-04453 Pennsylvania;

Regulatory Updates to Allegheny County Nonattainment New Source Review Permitting Requirements for 2012 PM <sup>2.5</sup> National Ambient Air Quality Standard, 12882-12885 2020-04456 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emission Control System Performance Warranty Regulations and Voluntary Aftermarket Part Certification Program, 12916-12917 2020-04467 Environmental Impact Assessment of Nongovernmental Activities in Antarctica, 12920-12921 2020-04466 National Emission Standards for Hazardous Air Pollutants:

Radionuclides, Availability of Updated Compliance Model, CAP88-PC, 12917-12920 2020-04546 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12921-12922 2020-04505 Meetings: Advisory Committee and Sub-Saharan Africa Advisory Committee, 12922 2020-04540 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 12922 2020-04689 Federal Aviation Federal Aviation Administration RULES Amendment of VHF Omnidirectional Range

(VOR)Federal Airway V-71 and Area Navigation Route T-285 Due to the Decommissioning of the Winner, SD, VOR, 12865 C2-2020-03280 Special Conditions: The Boeing Company (Boeing) Model 777-9 Series Airplane; Interior Design to Facilitate Searches Above Passenger Cabin High Wall Suites, 12864-12865 2020-03474 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 12865-12870 2020-04174 2020-04175 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12923-12925 2020-04497 2020-04498 Meetings: Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States, 12923 2020-04557 Technological Advisory Council, 12922-12923 2020-04496 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 12925 2020-04688 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Debt Collection Financial Statement; Correction, 12940 2020-04499 Requests for Applications: Board of Visitors for the National Fire Academy, 12939-12940 2020-04478 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Town of Rollinsford, NH, 12915-12916 2020-04518 Combined Filings, 12913-12914 2020-04520 Environmental Assessments; Availability, etc.: PennEast Pipeline Co., LLC; Proposed Penneast 2020 Amendment Project, 12911-12913 2020-04516 Institution of Section 206 Proceeding and Refund Effective Date: Whitetail Solar 1, LLC, 12916 2020-04517 Request Under Blanket Authorization: Northwest Pipeline, LLC, 12914-12915 2020-04519 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Hearing; Final Disposition, 12963-12965 2020-04532 2020-04533 Vision; Renewal, 12959-12963 2020-04527 Fish Fish and Wildlife Service NOTICES Request for Nominations: Hunting and Shooting Sports Conservation Council, 12940-12941 2020-04463 Food and Drug Food and Drug Administration NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension: INGREZZA, 12928-12930 2020-04545 Guidance: Exocrine Pancreatic Insufficiency Drug Products—Submitting New Drug Applications; Withdrawal of Guidance, 12932-12933 2020-04531 The Deemed To Be a License Provision of the Biologics Price Competition and Innovation Act: Questions and Answers, 12930-12932 2020-04537 Purple Book Enhancement; Establishment of a Public Docket, 12927-12928 2020-04539 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 12970-12973 2020-04528 2020-04529 Foreign Trade Foreign-Trade Zones Board NOTICES Approval of Expansion of Subzone: Puma Energy Caribe, LLC, Guaynabo, PR, 12892 2020-04510 Approval of Subzone Status: Fisher Footwear, LLC, Cranbury, NJ, 12892 2020-04514 Authorization of Production Activity: Flextronics America, LLC (Automated Data Processing Machines), Austin, TX; Foreign-Trade Zone 183, Austin, TX, 12892-12893 2020-04508 Proposed Production Activity: SICK Product and Competence Center Americas, LLC (Safety and Tracking Systems, Safety Light Curtains, and Connector Assemblies), Savage, MN; Foreign-Trade Zone119, Minneapolis, MN, 12892 2020-04509 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Charter Establishment: Advisory Committee on Heritable Disorders in Newborns and Children, 12933 2020-04504 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service NOTICES Charter Renewal: Advisory Group to the Commissioner of Internal Revenue, 12973 2020-04515 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India, 12897-12898 2020-04511 Certain Frozen Warmwater Shrimp from the People's Republic of China, 12894-12897 2020-04513 Circular Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 12893-12894 2020-04512 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Firearm Inquiry Statistics Program, 12941-12942 2020-04500 Labor Department Labor Department See Occupational Safety and Health Administration See Veterans Employment and Training Service NOTICES Guidance Documents, 12942 2020-04469 Maritime Maritime Administration NOTICES Funding Opportunity: America's Marine Highway Projects, 12965-12970 2020-04486 NASA National Aeronautics and Space Administration NOTICES Intent to Grant Co-Exclusive License, 12945-12946 2020-04553 National Endowment for the Humanities National Endowment for the Humanities NOTICES Index of Guidance Documents, 12946 2020-04477 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 12933-12935 2020-04534 2020-04535 2020-04536 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species: Determination on the Designation of Critical Habitat for Oceanic Whitetip Shark, 12898-12905 2020-04481 Initiation of 5-Year Reviews for Eulachon, Yelloweye Rockfish, Bocaccio, and Green Sturgeon, 12905-12906 2020-04479 Fishing Capacity Reduction Program for the Bering Sea and Aleutian Islands American Fisheries Act Pollock, 12908 2020-04473 Meetings: General Advisory Committee to the U.S. Section to the Inter American Tropical Tuna Commission and Scientific Advisory Subcommittee to the General Advisory Committee, 12907-12908 2020-04492 U.S. Stakeholder Call to Discuss Inter-American Tropical Tuna Commission Tropical Tuna Management, 12907 2020-04495 National Science National Science Foundation NOTICES Committee Management Renewals, 12947 2020-04503 Meetings: Astronomy and Astrophysics Advisory Committee, 12946-12947 2020-04501 2020-04502 Proposal Review Panel for Physics, 12946 2020-04494 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR System, Certificate of Compliance No. 1031, Amendment No. 8, 12861-12862 2020-03947 NOTICES Requests for Applications: Advisory Committee on Reactor Safeguards, 12947-12948 2020-04480 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Applications for Expansion of Recognition and Proposed Modification to the Nationally Recognized Testing Laboratory Program's List of Appropriate Test Standards: SGS North America, Inc., 12942-12944 2020-04389 Personnel Personnel Management Office NOTICES January 2020 Pay Schedules, 12948-12949 2020-04484 Postal Service Postal Service RULES Authorization to Manufacture and Distribute Postage Evidencing Systems, 12870-12874 2020-03562 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Interagency Environment Committee for Monitoring and Enforcement; Establishment Under Section 811 of the U. S.-Mexico-Canada Agreement Implementation Act (EO 13907), 12975-12978 2020-04730 ADMINISTRATIVE ORDERS Zimbabwe; Continuation of National Emergency (Notice of March 4, 2020), 12979-12982 2020-04743 Science Technology Science and Technology Policy Office NOTICES Draft Desirable Characteristics of Repositories for Managing and Sharing Data Resulting from Federally Funded Research, 12950-12952 2020-04530 Request for Information: Public Access to Peer-Reviewed Scholarly Publications, Data and Code Resulting from Federally Funded Research, 12949 2020-04538 Securities Securities and Exchange Commission NOTICES Applications: Deregistration under the Investment Company Act, 12952-12953 2020-04474 Meetings; Sunshine Act, 12956 2020-04636 Self-Regulatory Organizations; Proposed Rule Changes: The Nasdaq Stock Market, LLC, 12953-12956 2020-04471 Small Business Small Business Administration RULES Disaster Loan Program, 12862-12864 2020-03657 PROPOSED RULES Regulatory Reform Initiative: Intermediary Lending Pilot Program, 12875-12876 2020-04465 NOTICES Conflict of Interest Exemption: C3 Capital Partners II, LP, 12956 2020-04526 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Dora Maar, 12957 2020-04647 Madonna con Bambino Painting by Francesco Raibolini detto il Francia, 12959 2020-04488 Picasso and Paper, 12956 2020-04614 The Gosford Wellhead: An Ancient Roman Masterpiece, 12958 2020-04491 Designation of One Iranian Entity and One Iranian Individual, 12958-12959 2020-04490 Meetings: United States-Colombia Environmental Affairs Council and Environmental Cooperation Commission, 12957 2020-04487 Use of Digital Sequence Information of Genetic Resources; Correction, 12957-12958 2020-04489 Codex The U.S. Codex Office NOTICES Meetings: Codex Alimentarius Commission: Meeting of the Codex Committee on Food Import and Export Inspection and Certification Systems, 12887-12888 2020-04483 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES National Customs Automation Program Test Regarding Submission of Import Data and Documents Required by U.S. Fish and Wildlife Service through the Automated Commercial Environment: Reopening and Modification, 12936-12939 2020-04472 Veterans Employment Veterans Employment and Training Service NOTICES Meetings: Advisory Committee on Veterans' Employment, Training and Employer Outreach, 12944-12945 2020-04493 Separate Parts In This Issue Part II Presidential Documents, 12975-12978 2020-04730 Part III Presidential Documents, 12979-12982 2020-04743 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 44 Thursday, March 5, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 5 CFR Part 8301 RIN 3209-AA48 [Docket No. USDA-2019-0005] Supplemental Standards of Ethical Conduct for Employees of the Department of Agriculture AGENCY: Department of Agriculture, USDA. ACTION: Final rule. SUMMARY: The U.S. Department of Agriculture (“USDA” or “Department”), with the concurrence of the U.S. Office of Government Ethics (OGE), is issuing this final rule for attorneys of USDA's Office of the General Counsel (OGC). The final rule supplements the Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards) issued by OGE by revising the Supplemental Standards of Ethical Conduct for Employees of the Department of Agriculture (USDA Supplemental Ethics Regulations) concerning the outside practice of law by USDA OGC attorneys. To more fully address ethical issues unique to OGC attorneys, the final rule imposes additional restrictions on the outside practice of law, subject to certain exceptions. DATES: This final rule is effective March 5, 2020. FOR FURTHER INFORMATION CONTACT: Stuart Bender, Director of the Office of Ethics, U.S. Department of Agriculture, at

(202)720-2251, *Stuart.Bender@usda.gov* . SUPPLEMENTARY INFORMATION: Background On November 8, 2019, USDA, with OGE's concurrence, published a proposed rule in the **Federal Register** , 84 FR 60346, proposing to amend the USDA Supplemental Ethics Regulations as they relate to OGC attorneys who engage in the outside practice of law. The proposed rule provided a 45-day comment period, which ended on December 23, 2019. During the comment period USDA received two comments from members of the public. Analysis of Comments Received USDA received two sets of comments from members of the public pertaining to the proposed amendment of USDA Supplemental Ethics Regulations as they relate to OGC attorneys that engage in the outside practice of law. Neither of the comments referred specifically to the proposed revision of the USDA Supplemental Ethics Regulations as they relate to OGC attorneys who seek to engage in the outside practice of law. Instead each comment addressed unrelated general topics. The first comment recommended that USDA conduct greater environmental protection. 1 The second comment recommended that USDA more fully place an array of reports and other documents concerning the Animal Welfare Act and the Horse Protection Act in a public, searchable public database. 2 Neither comment addressed the substance of or suggested changes to the proposed rule. The proposed rule clarifies and strengthens the ethical requirements for attorneys in the Department's Office of the General Counsel regarding the outside practice of law. The proposed rule also encourages OGC attorneys to consider voluntary *pro bono publico* legal service, provided that such *pro bono* legal work would be compliant with the legal and ethical requirements provided in the proposed rule. Finally, the proposed rule updates and improves the procedures and standards related to OGC attorneys seeking to engage in the outside practice of law and uncompensated *pro bono publico* legal services to benefit the public, and will enhance adherence to ethics conduct related to the outside practice of law. As noted above, the two comments addressed wholly unrelated topics and did not address the substance of the proposed rule. Therefore, for the reasons detailed in the preamble of the previously issued Notice of Proposed Rulemaking (at 84 FR 60346), USDA, with the concurrence of OGE, is issuing this rule in final without changes, besides the typographical edit noted below. 1 Comment received from Jean Publieee, November 8, 2019. For transparency, this comment was posted, in full, to the public *Regulations.gov* page associated with this docket. 2 Comment received from Jacqui Marcella Urban, December 21, 2019. For transparency, this comment was posted, in full, to the public *Regulations.gov* page associated with this docket. During the review of the proposed rule, USDA noted an inadvertent typographical error in Section 8301.105(c)(iii)(B). Specifically, the words “exception” and “does” in that provision should read “exceptions” and “do.” The revised sentence now reads: “The exceptions to 18 U.S.C. 205 described in paragraphs (c)(ii)(B) and (c)(ii)(C) do not apply unless the employee has obtained the prior approval of a supervisory official who has authority to determine whether the employee's proposed representation is consistent with the faithful performance of the employee's duties.” This grammatical edit does not alter the substance or meaning of the proposed rule. Matters of Regulatory Procedure Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.,* as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (the RFA), requires each agency to consider the potential impact of its regulations on small entities, including small businesses, small governmental units, and small not-for-profit organizations, unless the head of the agency certifies that the rules will not have a significant economic impact on a substantial number of small entities. The Secretary of Agriculture so certifies. The rule does not impose any obligations or standards of conduct for purposes of analysis under the RFA, and it therefore does not give rise to a regulatory compliance burden for small entities. Paperwork Reduction Act The Department has determined that this rule does not impose any new recordkeeping, reporting, or disclosure requirements on members of the public that would be collections of information requiring approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 5 CFR Part 8301 Conflict of interests, Government employees. Authority and Issuance For the reasons set forth in the preamble, the Department, in concurrence with OGE, is amending 5 CFR part 8301 as follows: PART 8301—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE 1. The authority citation for § 8301.105 is revised to read as follows: Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159 (April 12, 1989); 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547 (October 17, 1990); 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.403, 2635.502 and 2635.803. 2. Revise § 8301.105 to read as follows: § 8301.105 Additional rules for attorneys in the Office of the General Counsel.

(a)*Additional rules for attorneys in the Office of the General Counsel regarding the outside practice of law.* Any attorney serving within the Office of the General Counsel shall obtain written approval, in accordance with the procedures set forth in § 8301.102(c) and the standard for approval set forth in paragraph

(b)of this section, before engaging in the outside practice of law, whether compensated or not. For purposes of this section the “outside practice of law” means those activities requiring professional licensure by a state bar as an attorney and include, but are not limited to, providing legal advice to a client, drafting legal documents, and representing clients in legal negotiations or litigation.

(b)*Standard for approval.* Approval shall be granted by the agency designee unless it is determined that the outside practice of law is expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635, or paragraph

(c)of this section. (c)(1) *Prohibited outside practice of law applicable to attorneys in the Office of the General Counsel.* An employee who serves as an attorney within the Office of the General Counsel shall not engage in any outside practice of law that might require the attorney to:

(i)Assert a legal position that is or appears to be in conflict with the interests of the Department of Agriculture, the client to which the attorney owes a professional responsibility; or

(ii)Interpret any statute, regulation, or rule administered or issued by the Department of Agriculture, or where a supervisory attorney determines that the outside practice of law would conflict with the employee's official duties or create the appearance of a loss of the attorney's impartiality, as prohibited by 5 CFR 2635.802; or

(iii)Act as an agent or attorney in any matter in which the U.S. government is a party or has a direct and substantial interest, as prohibited by 18 U.S.C. 205.

(2)*Exceptions.* Nothing in paragraph (c)(1) of this section prevents an attorney in the Office of the General Counsel from:

(i)Acting, with or without compensation, as an agent or attorney for, or otherwise representing, the employee's parents, spouse, child, or any other person for whom, or for any estate for which, the employee is serving as guardian, executor, administrator, trustee, or other personal fiduciary to the extent permitted by 18 U.S.C. 203(d) and 205(e), or from providing advice or counsel to such persons or estates; or

(ii)Acting, without compensation, as an agent or attorney for, or otherwise representing, any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings, or from providing uncompensated advice and counsel to such person to the extent permitted by 18 U.S.C. 205; or

(iii)Acting, without compensation, as an agent or attorney for, or otherwise representing any cooperative, voluntary, professional, recreational, or similar organization or group not established or operated for profit, if a majority of the organization's or group's members are current employees of the United States or the District of Columbia, or their spouses or dependent children. As limited by 18 U.S.C. 205(d), this exception is not permitted for any representation with respect to a matter which involves prosecuting a claim against the United States under 18 U.S.C. 205(a)(1) or 18 U.S.C. 205(b)(1), or involves a judicial or administrative proceeding where the organization or group is a party, or involves a grant, contract, or other agreement providing for the disbursement of Federal funds to the organization or group; or

(iv)Giving testimony under oath or from making statements required to be made under penalty for perjury or contempt.

(3)*Specific approval procedures for paragraph (c)(2) of this section* .

(i)The exceptions to 18 U.S.C. 203 and 205 described in paragraph (c)(2)(i) of this section do not apply unless the employee obtained the prior approval of the Government official responsible for the appointment of the employee to a Federal position.

(ii)The exceptions to 18 U.S.C. 205 described in paragraphs (c)(2)(ii) and (c)(2)(iii) of this section do not apply unless the employee has obtained the prior approval of a supervisory official who has authority to determine whether the employee's proposed representation is consistent with the faithful performance of the employee's duties.

(d)*Pro Bono activity.* Subject to compliance with paragraph

(c)of this section, attorneys within the Office of the General Counsel are permitted to provide outside *pro bono* legal services (without compensation other than reimbursement of expenses) to organizations or individuals through a non-profit organization, without obtaining prior written approval in accordance with the procedures set forth in § 8301.102(c). Stephen Alexander Vaden, General Counsel, U.S. Department of Agriculture. Emory A. Rounds, III, Director, U.S. Office of Government Ethics. [FR Doc. 2020-03058 Filed 3-4-20; 8:45 am]

Connectionstraces to 5

Traces to 5 documents

U.S. Code

4 references not yet in our index