Unknown. Final rule

5,452 words·~25 min read·/register/2020/05/27/2020-09247

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-2020-05-27.xml --- 85 102 Wednesday, May 27, 2020 Contents Agriculture Agriculture Department See Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31736-31737 2020-11339 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Proposed Establishment of the Burn of Columbia Valley Viticultural Area, 31718-31723 2020-10921 Proposed Establishment of the White Bluffs Viticultural Area, 31723-31728 2020-10920 Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act:

Open Mobile Alliance, 31808 2020-11364 UHD Alliance, Inc., 31808 2020-11367 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adoption Call to Action Data Collection, 31781-31782 2020-11362 Immediate Disaster Case Management Intake Assessment, 31782-31783 2020-11312 Office of Refugee Resettlement Unaccompanied Refugee Minors Program Application and Withdrawal of Application or Declination of Placement Form, 31783 2020-11307 Civil Rights Civil Rights Commission NOTICES Meetings:

New Mexico Advisory Committee, 31739 2020-11291 Oklahoma Advisory Committee, 31739-31740 2020-11295 Wyoming Advisory Committee, 31740 2020-11294 Coast Guard Coast Guard RULES Anchorage Grounds: Lower Mississippi River Below Baton Rouge, LA, Including South and Southwest Passes; New Orleans, LA, 31675-31676 2020-09401 Person in Charge of Fuel Transfers, 31677-31690 2020-11366 NOTICES Navigation and Vessel Inspection Circular: 01-16 Change 2—Use of Electronic Charts and Publications in Lieu of Paper Charts, Maps and Publications, 31789-31791 2020-11363 Port Access Route Study:

The Areas Offshore of Massachusetts and Rhode Island, 31792-31796 2020-11262 Solicitation for Members: National Merchant Mariner Medical Advisory Committee, 31791-31792 2020-11298 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31750-31751 2020-11296 Meetings; Sunshine Act, 31751 2020-11409 Defense Department Defense Department NOTICES Meetings: Reserve Forces Policy Board, 31752-31753 2020-11327 Uniform Formulary Beneficiary Advisory Panel, 31751-31752 2020-11336 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report of Children in State Agency and Locally Operated Institutions for Neglected and Delinquent Children, 31755-31756 2020-11337 CARES Act, Recipient's Funding Certification and Agreement (Institutional Aid), 31754-31755 2020-11354 CARES Act, Recipient's Funding Certification and Agreement (Student Aid), 31753-31754 2020-11355 Federal Direct Loan Program and Federal Family Education Loan Program Teacher Loan Forgiveness Forms, 31755 2020-11309 Governor's Emergency Education Relief Fund Application, 31756-31757 2020-11352 Meetings:

National Advisory Council on Indian Education, 31753 2020-11266 Employee Benefits Employee Benefits Security Administration RULES Default Electronic Disclosure by Employee Pension Benefit Plans Under ERISA, 31884-31924 2020-10951 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Administrative Updates to Personnel References: Materials Allocation and Priority Performance Under Contracts or Orders To Maximize Domestic Energy Supplies and Energy Priorities and Allocations System, 31667-31670 2020-09247 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31757 2020-11316 Environmental Protection Environmental Protection Agency NOTICES Access to Confidential Business Information: Access Interpreting, Inc., 31775-31776 2020-11314 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31776 2020-11357 Pesticide Product Registration: Receipt of Applications for New Active Ingredients, 31774-31775 2020-11258 Receipt of Applications for Emergency Exemptions: Dinotefuran;

Solicitation of Public Comment, 31776-31777 2020-11257 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace: Dillon, MT, 31670-31671 2020-11232 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 31672-31675 2020-11218 2020-11219 NOTICES Meetings: Commercial Space Transportation Advisory Committee, 31849-31850 2020-11323 Petition for Exemption; Summary: Airlines for America, 31850 2020-11288 Federal Communications Federal Communications Commission RULES Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 31704-31706 2020-10167 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Parent Companies of Industrial Banks and Industrial Loan Companies:

Extension of Comment Period, 31710 2020-11446 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Golden Pass Pipeline, LLC, 31773-31774 2020-11328 Combined Filings, 31757-31759, 31774 2020-11329 2020-11331 2020-11334 Commission's Policy for Determining Return on Equity, 31760-31773 2020-11406 Data Collection for Analytics and Surveillance and Market-Based Rate Purposes; Extension of Time, 31758-31759 2020-11332 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Whitehorn Solar, LLC, 31759 2020-11330 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31777-31780 2020-11259 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 31850-31851 2020-11338 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 31780 2020-11326 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31780-31781 2020-11293 Food and Drug Food and Drug Administration NOTICES Guidance: Q3C(R8) Recommendations for the Permitted Daily Exposures for Three Solvents—2-Methyltetrahydrofuran, Cyclopentyl Methyl Ether, and Tert-Butyl Alcohol—According to the Maintenance Procedures for the Guidance Q3C Impurities: Residual Solvents; International Council for Harmonisation, 31785-31786 2020-11280 Meetings: Financial Transparency and Efficiency of the Prescription Drug User Fee Act, Biosimilar User Fee Act, and Generic Drug User Fee Amendments, 31783-31785 2020-11306 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: In-Home Food Safety Behaviors and Consumer Education: Web-Based Survey, 31737-31739 2020-11269 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31786-31787 2020-11289 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection NOTICES Privacy Act;

Systems of Records, 31798-31803 2020-11390 Interior Interior Department See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Guidance Clarifying Premium Tax Credit Unaffected by Suspension of Personal Exemption Deduction, 31710-31714 2020-10069 Income Tax Withholding on Certain Periodic Retirement and Annuity Payments Under Section 3405(a), 31714-31718 2020-10679 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Light-Walled Rectangular Pipe and Tube From Mexico, 31740-31742 2020-11324 Determinations of Sales at Less Than Fair Value: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India, 31742-31743 2020-11325 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Liquid Crystal Display Devices, Components Thereof, and Products Containing the Same, 31807-31808 2020-11360 Generalized System of Preferences:

Possible Modifications, 2020 Review, 31805-31807 2020-11359 Justice Department Justice Department See Antitrust Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2020 Law Enforcement Administrative and Management Statistics Survey, 31809-31810 2020-11319 Meetings: National Domestic Communications Assistance Center Executive Advisory Board, 31808-31809 2020-11263 Labor Department Labor Department See Employee Benefits Security Administration See Labor Statistics Bureau See Mine Safety and Health Administration See Occupational Safety and Health Administration Labor Statistics Labor Statistics Bureau NOTICES Discontinuation of the Lock-Up Facility for Participating News Media Organizations with Pre-Release Access to Statistical Information, 31810-31812 2020-11297 Land Land Management Bureau NOTICES Environmental Impact Statement;

Availability, etc: Proposed Blackrock Land Exchange, Bannock and Power Counties, ID, 31804-31805 2020-11365 Public Land Order No. 7894: Partial Revocation of a Withdrawal Created by an Executive Order Dated April 17, 1926, Which Established the Public Water Reserve No. 107; Arizona, 31804 2020-11265 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Approval of Underwriters of Marine Hull Insurance, 31851 2020-11310 Mine Mine Safety and Health Administration NOTICES Escapeways and Refuges in Underground Metal and Nonmetal Mines, 31812 2020-11300 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Manufacturing Extension Partnership Client Impact Survey, 31745 2020-11344 Request for Personal Radiation Monitoring Services, 31746 2020-11345 Meetings: Manufacturing Extension Partnership Advisory Board, 31746-31747 2020-11281 Profile of Responsible Use of Positioning, Navigation, and Timing Services, 31743-31745 2020-11282 National Institute National Institutes of Health NOTICES Meetings: National Center for Advancing Translational Sciences, 31788 2020-11272 National Institute of Allergy and Infectious Diseases, 31787-31789 2020-11273 2020-11274 National Institute of Environmental Health Sciences, 31789 2020-11276 National Institute of Nursing Research, 31788 2020-11277 National Institute on Drug Abuse, 31787 2020-11275 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Sea Scallop Fishery; 2020 Closure of the Northern Gulf of Maine Scallop Management Area to the Limited Access General Category Fishery, 31706-31707 2020-11361 Fisheries Off West Coast States: Modifications of the West Coast Commercial Salmon Fisheries; Inseason Action No. 6, 31707-31708 2020-11358 PROPOSED RULES Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; 2020-2021 Annual Specifications and Management Measures for Pacific Sardine, 31733-31735 2020-11322 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: West Coast Region Groundfish Trawl Fishery Electronic Monitoring Program, 31747 2020-11350 Application: Marine Mammals; File No. 23188, 31747-31748 2020-11270 Meetings: South Atlantic Fishery Management Council, 31748-31750 2020-11394 Takes of Marine Mammals Incidental to Specified Activities: Site Characterization Surveys Off the Coast of Massachusetts, 31856-31882 2020-11203 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Voluntary Adoption of Revised Design Basis Accident Dose Criteria, 31709-31710 2020-10599 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: License and Radiation Safety Requirements for Well-Logging, 31814-31815 2020-11315 Licenses for Radiography and Radiation Safety Requirements for Radiographic Operations, 31815-31816 2020-11311 Part 20 Respirator Protection Exemption Request for Non Power Reactors/RTR and Part 20 Respirator Protection Exemption Request for Power Reactors Online Forms, 31816-31817 2020-11321 Standard Specification for the Granting of Patent Licenses, 31821-31822 2020-11317 Exemption:

Exelon Generation Company, LLC; Three Mile Island Nuclear Station, Unit 1, 31818-31821 2020-11347 License Amendment Application: Entergy Operations Inc.; River Bend Station, Unit 1, 31822-31823 2020-11313 Meetings; Sunshine Act, 31816 2020-11392 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The Ethylene Oxide Standard, 31812-31814 2020-11299 Patent Patent and Trademark Office PROPOSED RULES Patent Trial and Appeal Board Rules of Practice:

Instituting on All Challenged Patent Claims and All Grounds and Eliminating the Presumption at Institution Favoring Petitioner as to Testimonial Evidence, 31728-31732 2020-10131 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31823-31824 2020-11414 2020-11415 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 31824-31825 2020-11346 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product, 31825-31826 2020-11304 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Honoring the Victims of the Novel Coronavirus Pandemic (Proc. 10039), 31929 2020-11539 National Maritime Day (Proc. 10038), 31925-31928 2020-11538 Prayer for Peace, Memorial Day (Proc. 10040), 31931-31932 2020-11542 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 31843-31844 2020-11411 Program for Allocation of Regulatory Responsibilities: Financial Industry Regulatory Authority, Inc. and MEMX, LLC, 31838-31843 2020-11283 Self-Regulatory Organizations;

Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 31832-31836 2020-11287 Fixed Income Clearing Corp., 31837-31838 2020-11284 NYSE Arca, Inc., 31826-31828 2020-11286 The Depository Trust Co.; Fixed Income Clearing Corp.; National Securities Clearing Corp., 31828-31832 2020-11285 Small Business Small Business Administration NOTICES Major Disaster Declaration: Oregon, 31844 2020-11308 State Department State Department NOTICES Certification Pursuant to the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020, 31844-31845 2020-11379 2020-11382 2020-11383 Certification Pursuant to the Nicaragua Human Rights and Anticorruption Act Of 2018, 31844 2020-11380 Trade Representative Trade Representative, Office of United States NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Large Civil Aircraft Dispute Portal, 31845-31849 2020-11430 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service See United States Mint NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31852 2020-11349 Customs U.S.

Customs and Border Protection NOTICES Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Confederated Tribes of the Colville Reservation as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry, 31796-31798 2020-11378 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee; Teleconference, 31853 2020-11278 Request for Membership Applications:

Citizens Coinage Advisory Committee, 31852-31853 2020-11271 Veteran Affairs Veterans Affairs Department RULES Informed Consent and Advance Directives, 31690-31704 2020-10264 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31853-31854 2020-11305 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 31856-31882 2020-11203 Part III Labor Department, Employee Benefits Security Administration, 31884-31924 2020-10951 Part IV Presidential Documents, 31925-31929, 31931-31932 2020-11539 2020-11538 2020-11542 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. 85 102 Wednesday, May 27, 2020 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 216 and 217 RIN 1901-AB52 Materials Allocation and Priority Performance Under Contracts or Orders To Maximize Domestic Energy Supplies and Energy Priorities and Allocations System;

Administrative Updates to Personnel References AGENCY: Office of Electricity, U.S. Department of Energy. ACTION: Final rule. SUMMARY: The Department of Energy

(DOE)publishes this final rule to update personnel references within DOE's Office of Electricity and update an email address that is no longer in use. This final rule is needed to conform to the current organizational structure within DOE's Office of Electricity and does not otherwise substantively change the current regulations. DATES: This rule is effective May 27, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Christopher A. Lawrence, Program and Management Analyst, Transmission Permitting and Technical Assistance, Office of Electricity (OE-20), U.S. Department of Energy, Washington, DC,

(202)586-5260 or *Christopher.lawrence@hq.doe.gov;* Mr. Christopher Drake, Attorney-Adviser, Office of the Assistant General Counsel for Electricity and Fossil Energy (GC-76), U.S. Department of Energy, Washington, DC,

(202)586-2919 or *christopher.drake@hq.doe.* gov; Mrs. Kavita Vaidyanathan, Attorney-Adviser, Office of the Assistant General Counsel for Electricity and Fossil Energy (GC-76), U.S. Department of Energy, Washington, DC,

(202)586-0669 or *kavita.vaidyanathan@hq.doe.gov.* SUPPLEMENTARY INFORMATION: I. Background and Summary of Final Rule II. Final Rulemaking III. Regulatory Review A. Review Under Executive Order 12866 B. Review Under Executive Orders 13771 and 13777 C. Review Under the National Environmental Policy Act of 1969 D. Review Under the Regulatory Flexibility Act E. Review Under the Paperwork Reduction Act of 1995 F. Review Under the Unfunded Mandates Reform Act of 1995 G. Review Under the Treasury and General Government Appropriations Act, 1999 H. Review Under Executive Order 13132 I. Review Under Executive Order 12988 J. Review Under the Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Congressional Notification IV. Approval of the Office of the Secretary I. Background and Summary of Final Rule The regulations at 10 CFR part 216 describe and establish procedures to be used by the Department of Energy

(DOE)in considering and making certain findings required by section 101(c)(2)(A) of the Defense Production Act of 1950, as amended

(DPA)(50 U.S.C. 4511(c)(2)(A)). These regulations were last updated in February of 2008. The regulations at 10 CFR part 217 provide guidance and procedures for use of the priorities and allocations authority in section 101(a) of the DPA (50 U.S.C. 4511(a)) with respect to all forms of energy necessary or appropriate to promote the national defense. These regulations were last updated in June of 2011. Since then, the organizational structure in DOE's Office of Electricity has changed. The administrative updates to personnel references in this final rule are needed to conform to the current organizational structure within DOE's Office of Electricity and update an email address that is no longer in use. Specifically, this final rule revises DOE regulations at 10 CFR part 216 by replacing “Office of Electricity and Energy Assurance, OE-30” with “Office of Electricity”. This final rule also revises DOE regulations at 10 CFR part 217 by changing certain references of “Senior Policy Advisor for the Office of Electricity Delivery and Energy Reliability” to “Deputy Assistant Secretary overseeing the Defense Production Act program”, 1 replacing “Office of Infrastructure Security and Energy Restoration” with “Office of Electricity”, and clarifying that the “Assistant Secretary, Office of Electricity” is the person within the Office of Electricity who will make determinations regarding appeals. 1 As of this rulemaking, this official is the Deputy Assistant Secretary, Transmission Permitting and Technical Assistance. II. Final Rulemaking In accordance with the Administrative Procedure Act, specifically 5 U.S.C. 553(b), DOE generally publishes a rule in a proposed form and solicits public comment on it before issuing the rule in final. However, 5 U.S.C. 553(b)(B) provides an exception to the public comment requirement if the agency finds good cause to omit advance notice and public participation. Good cause is shown when public comment is “impracticable, unnecessary, or contrary to the public interest.” For the aforementioned administrative updates, DOE finds that providing an opportunity for public comment prior to publication of this rule is not necessary because DOE is carrying out an administrative change that does not substantively alter the existing 10 CFR part 216 or part 217 regulatory framework. For the same reason, DOE is waiving the 30-day delay in effective date. III. Regulatory Review A. Review Under Executive Order 12866 This final rule has been determined not to be a “significant regulatory action” under section 3(f) of Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (Oct. 4, 1993). Accordingly, this action was not subject to review under that Executive Order by the Office of Information and Regulatory Affairs

(OIRA)in the Office of Management and Budget (OMB). B. Review Under Executive Orders 13771 and 13777 On January 30, 2017, the President issued Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs.” That Order stated that the policy of the executive branch is to be prudent and financially responsible in the expenditure of funds, from both public and private sources. The Order stated that it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations. Additionally, on February 24, 2017, the President issued Executive Order 13777, “Enforcing the Regulatory Reform Agenda.” The Order required the head of each agency to designate an agency official as its Regulatory Reform Officer (RRO). Each RRO oversees the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law. Further, E.O. 13777 requires the establishment of a regulatory task force at each agency. The regulatory task force is required to make recommendations to the agency head regarding the repeal, replacement, or modification of existing regulations, consistent with applicable law. At a minimum, each regulatory reform task force must attempt to identify regulations that:

(i)Eliminate jobs, or inhibit job creation;

(ii)Are outdated, unnecessary, or ineffective;

(iii)Impose costs that exceed benefits;

(iv)Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;

(v)Are inconsistent with the requirements of the Information Quality Act, or the guidance issued pursuant to that Act, particularly those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or

(vi)Derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. DOE concludes that this final rule is consistent with the directives set forth in these executive orders. This final rule does not substantively change the existing regulations and is intended only to make personnel references in the regulations at 10 CFR parts 216 and 217 consistent with changes in the organizational structure of DOE's Office of Electricity. C. Review Under the National Environmental Policy Act of 1969 DOE has determined that this final rule is covered under the Categorical Exclusion found in DOE's National Environmental Policy Act regulations at paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, which applies to a rulemaking that amends an existing rule or regulation and that does not change the environmental effect of the rule or regulation being amended. Accordingly, neither an environmental assessment nor an environmental impact statement is required. D. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (Aug. 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's website: *http://energy.gov/gc/office-general-counsel.* As discussed above, DOE has determined that prior notice and opportunity for public comment is unnecessary for this final rule. In accordance with 5 U.S.C. 604(a), no regulatory flexibility analysis has been prepared for this rule. E. Review Under the Paperwork Reduction Act of 1995 This final rule imposes no new information collection requirements subject to the Paperwork Reduction Act. F. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. 2 U.S.C. 1532(a), (b). UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820; available at: *https://www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.* UMRA sections 202 and 205 do not apply to this action because they apply only to rules for which a general notice of proposed rulemaking is published. Nevertheless, DOE has determined that this final rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year. G. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule that may affect family well-being. This final rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. H. Review Under Executive Order 13132 Executive Order 13132, “Federalism,” 64 FR 43255 (Aug. 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has examined this rule and has determined that it would not preempt State law and would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. I. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (Feb. 7, 1996), imposes on Executive agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this rule meets the relevant standards of Executive Order 12988. J. Review Under the Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed this final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Review Under Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule or regulation, and that:

(1)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This final rule is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects. L. Congressional Notification As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of this final rule prior to the effective date set forth at the outset of this rulemaking. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 801(2). IV. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects 10 CFR Part 216 Administrative practice and procedure, Business and industry, Energy, Government contracts, National defense, Reporting and recordkeeping requirements, Strategic and critical materials. 10 CFR Part 217 Administrative practice and procedure, Business and industry, Energy, Government contracts, National defense, Reporting and recordkeeping requirements, Strategic and critical materials. Signing Authority This document of the Department of Energy was signed on April 27, 2020, by Bruce J. Walker, Assistant Secretary, Office of Electricity, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the **Federal Register** . Signed in Washington, DC, on April 27, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. For the reasons stated in the preamble, DOE amends parts 216 and 217 of chapter II of title 10 of the Code of Federal Regulations as set forth below: PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES 1. The authority citation for part 216 is revised to read as follows: Authority: Section 104 of the Energy Policy and Conservation Act (EPCA), Pub. L. 94-163, 89 Stat. 871; section 101(c) of the Defense Production Act of 1950, 50 U.S.C. 4511(c); E.O. 12919, 59 FR 29525 (June 7, 1994); E.O. 13286, 68 FR 10619 (March 5, 2003); 15 CFR part 700; Defense Priorities and Allocations System Delegation No. 2 (Aug. 6, 2002), as amended at 15 CFR part 700. § 216.2 [Amended] 2. Section 216.2(h) is amended by removing the words “Office of Electricity and Energy Assurance, OE-30” and adding in their place, the words “Office of Electricity”. § 216.3 [Amended] 3. Section 216.3(a) is amended by removing the words “Office of Electricity and Energy Assurance, OE-30,” and adding, in their place, the words “Office of Electricity,”. § 216.8 [Amended] 4. Section 216.8 is amended by removing the words “Office of Electricity and Energy Assurance, OE- 30,” and adding in their place, the words “Office of Electricity,”. PART 217—ENERGY PRIORITIES AND ALLOCATIONS SYSTEM 5. The authority citation for part 217 is revised to read as follows: Authority: Defense Production Act of 1950, as amended, 50 U.S.C. 4501-4568; E.O. 12919, as amended, (59 FR 29525 June 7, 1994). § 217.40 [Amended] 6. In § 217.40: a. Amend paragraphs

(a)and

(c)by removing the words “Senior Policy Advisor for the Office of Electricity Delivery and Energy Reliability” and adding in their place, the words “Deputy Assistant Secretary of the Department of Energy overseeing the Defense Production Act program”. b. Amend paragraph

(a)by removing the words “Office of Infrastructure Security and Energy Restoration” and adding, in their place, the words “Office of Electricity”. § 217.72 [Amended] 7. Section 217.72(b) is amended by removing the words “Senior Policy Advisor for the Office of Electricity Delivery and Energy Reliability” and adding, in their place, the words “Deputy Assistant Secretary of the Department of Energy overseeing the Defense Production Act program”. § 217.80 [Amended] 8. In § 217.80: a. Amend paragraphs (a),

(c)and

(d)by removing the words “Senior Policy Advisor for the Office of Electricity Delivery and Energy Reliability” and adding, in their place the words “Deputy Assistant Secretary of the Department of Energy overseeing the Defense Production Act program”. b. Amend paragraph

(d)by removing the words “Office of Infrastructure Security and Energy Restoration” and adding in their place, the words “Assistant Secretary, Office of Electricity”. § 217.81 [Amended] 9. In § 217.81: a. Amend paragraphs (a), (b)(1) and (b)(2) removing the words “Senior Policy Advisor for the Office of Electricity Delivery and Energy Reliability” and adding, in their place, the words “Deputy Assistant Secretary of the Department of Energy overseeing the Defense Production Act program”. b. Amend paragraphs (a), (b)(1), (b)(2), (d), (e), (f),

(g)and

(h)by removing the words “Office of Infrastructure Security and Energy Restoration” and adding in their place, the words “Assistant Secretary, Office of Electricity”. 10. Section 217.93 is revised to read as follows: § 217.93 Communications. All communications concerning this part, including requests for copies of the regulation and explanatory information, requests for guidance or clarification, and requests for adjustment or exception shall be addressed to the Deputy Assistant Secretary of the Department of Energy overseeing the Defense Production Act program, U.S. Department of Energy, 1000 Independence Ave. SW, Washington, DC 20585;

(202)586-1411 ( *AskOE@hq.doe.gov* ). [FR Doc. 2020-09247 Filed 5-26-20; 8:45 am]

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