Unknown. Interim final rule

5,595 words·~25 min read·/register/2020/06/01/2020-10577·

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-2020-06-01.xml --- 85 105 Monday, June 1, 2020 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Credit and User Fee Accounts, 33079-33080 2020-11738 Pest Reporting and Asian Longhorn Beetle Program, 33080-33081 2020-11737 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings, 33159 2020-11736 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs:

Application From the Joint Commission for Continued Approval of Its Home Health Agency Accreditation Program; Correction, 33159 2020-11701 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Title V State Sexual Risk Avoidance Education Program, 33159-33160 2020-11628 Civil Rights Civil Rights Commission NOTICES Meetings: Connecticut Advisory Committee, 33084-33085 2020-11666 Michigan Advisory Committee, 33085 2020-11661 New Hampshire Advisory Committee, 33084 2020-11662 Coast Guard Coast Guard NOTICES Request for Applications for Membership:

National Commercial Fishing Safety Advisory Committee, 33174-33175 2020-11667 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance Improving Customer Experience, 33085-33087 2020-11709 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: University Centers of Excellence in Developmental Disabilities Education, Research and Service Annual Report, 33160-33162 2020-11685 Comptroller Comptroller of the Currency RULES Interagency Policy Statement on Allowances for Credit Losses, 32991-33004 2020-10291 Regulatory Capital Rule: Temporary Exclusion of U.S. Treasury Securities and Deposits at Federal Reserve Banks From the Supplementary Leverage Ratio for Depository Institutions, 32980-32990 2020-10962 NOTICES Interagency Guidance on Credit Risk Review Systems, 33278-33287 2020-10292 Consumer Product Consumer Product Safety Commission RULES Children's Toys and Child Care Articles:

Determinations Regarding ASTM F963 Elements and Phthalates for Unfinished Manufactured Fibers, 33015-33020 2020-09991 Defense Department Defense Department See Engineers Corps Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the Defense Nuclear Facilities Safety Board, 33140-33141 2020-11633 Education Department Education Department RULES State Vocational Rehabilitation Services Program, 33021 2020-10261 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Budget Information Non-Construction Programs Form and Instructions, 33149 2020-11744 Vocational Rehabilitation Financial Report, 33148-33149 2020-11700 Written Application for the Independent Living Services for Older Individuals Who Are Blind Program, 33141 2020-11630 Application for New Awards: State Tribal Education Partnership Grants to Tribal Educational Agencies, 33141-33148 2020-11729 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Financial Assistance Regulations—Deviation Authority, 32977-32980 2020-10577 PROPOSED RULES Energy Conservation Program:

Test Procedure for Illuminated Exit Signs, 33036-33043 2020-11213 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: New York New Jersey Harbor and Tributaries Coastal Storm Risk Management Feasibility Study; Withdrawal, 33139-33140 2020-11673 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; State Implementation Plan and Operating Permits Program, 33023-33026 2020-09930 Kentucky;

Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standard, 33021-33023 2020-10062 Hazardous Waste Management System: Florida, 33026-33027 2020-10914 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Restriction of Emission of Lead From Specific Lead Smelter-Refinery Installations, 33049-33052 2020-11494 Utah; Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards, 33052-33059 2020-11182 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 33059-33060 2020-11574 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33151-33152 2020-11665 Certain New Chemicals: Receipt and Status Information for April 2020, 33152-33157 2020-11635 Equal Equal Employment Opportunity Commission PROPOSED RULES Official Time in Federal Sector Cases Before the Commission, 33049 2020-11457 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 33046-33049 2020-11407 Pratt and Whitney Turbofan Engines, 33043-33045 2020-11499 Federal Communications Federal Communications Commission NOTICES Wireless Telecommunications Bureau Seeks Comment on Joint Petition for Stay of 3.7-4.2 GHz Band, 33157-33158 2020-11842 Federal Deposit Federal Deposit Insurance Corporation RULES Interagency Policy Statement on Allowances for Credit Losses, 32991-33004 2020-10291 Regulatory Capital Rule:

Temporary Exclusion of U.S. Treasury Securities and Deposits at Federal Reserve Banks From the Supplementary Leverage Ratio for Depository Institutions, 32980-32990 2020-10962 NOTICES Interagency Guidance on Credit Risk Review Systems, 33278-33287 2020-10292 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 33175-33177 2020-11727 Flood Hazard Determinations; Changes, 33178-33185 2020-11723 2020-11724 Flood Hazard Determinations; Proposals, 33177-33178, 33185-33188 2020-11725 2020-11726 Flood Hazard Determinations;

Proposals: Hays County, Texas and Incorporated Areas; Withdrawal, 33175 2020-11728 Federal Energy Federal Energy Regulatory Commission NOTICES Application: SV Hydro, LLC, 33150-33151 2020-11688 Combined Filings, 33149-33150 2020-11686 2020-11687 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: California; Rescission, 33271-33272 2020-11775 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 33158 2020-11694 Federal Motor Federal Motor Carrier Safety Administration RULES Hours of Service of Drivers, 33396-33452 2020-11469 NOTICES Controlled Substances and Alcohol Use and Testing:

Motion Picture Compliance Solutions Application for Exemption From the Drug and Alcohol Clearinghouse Pre-Employment Full-Query, 33274-33276 2020-11742 Marking of Commercial Motor Vehicles; Exemption Application: Adirondack Trailways, Pine Hill Trailways, and New York Trailways, 33272-33274 2020-11740 Federal Reserve Federal Reserve System RULES Interagency Policy Statement on Allowances for Credit Losses, 32991-33004 2020-10291 Regulatory Capital Rule: Temporary Exclusion of U.S.

Treasury Securities and Deposits at Federal Reserve Banks From the Supplementary Leverage Ratio for Depository Institutions, 32980-32990 2020-10962 NOTICES Interagency Guidance on Credit Risk Review Systems, 33278-33287 2020-10292 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removing San Benito Evening-Primrose (Camissonia benitensis) From the Federal List, 33060-33078 2020-11024 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Sea Lamprey Control Program, 33192-33193 2020-11671 Service Concessions, 33193-33195 2020-11672 Food and Drug Food and Drug Administration NOTICES Approval of Product Under Voucher: Rare Pediatric Disease Priority Review Voucher, 33163 2020-11681 Establishment of a Public Docket: Approved Drug Products With Therapeutic Equivalence Evaluations (the “Orange Book”), 33165-33167 2020-11683 Listing of Patent Information in the Orange Book, 33169-33173 2020-11684 Guidance: Orange Book—Questions and Answers, 33167-33169 2020-11682 Proprietary Names for New Animal Drugs, 33162-33163 2020-11679 Rare Disease Clinical Trial Networks, 33163-33165 2020-11655 Food and Nutrition Food and Nutrition Service NOTICES Meetings: 2020 Dietary Guidelines Advisory Committee, 33081-33082 2020-11627 Food Safety Food Safety and Inspection Service PROPOSED RULES Elimination of the Requirement to Defibrinate Livestock Blood Saved as an Edible Product, 33031-33034 2020-11191 Inspection of Yak and Other Bovidae, Cervidae, and Camelidae Species, 33034-33036 2020-11264 Foreign Trade Foreign-Trade Zones Board NOTICES Approval for Production Authority:

MTD Consumer Group Inc., Foreign-Trade Zone 158, Verona, MS, 33087 2020-11706 Approval of Subzone Status: Mitsubishi Electric Automotive America, Inc., Maysville, KY, 33087 2020-11707 Proposed Production Activity: Rauch North America, Inc., Foreign-Trade Zone 277, Western Maricopa County, AZ, 33087-33088 2020-11708 Forest Forest Service NOTICES Meetings: Collaborative Forest Restoration Program Technical Advisory Pane, 33082-33083 2020-11674 Requests for Nominations: Pacific Northwest National Scenic Trail Advisory Council, 33083-33084 2020-11677 General Services General Services Administration NOTICES Meetings:

Office of Federal High-Performance Buildings; Green Building Advisory Committee, 33158-33159 2020-11629 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Commission on Childhood Vaccines; Cancellation, 33174 2020-11705 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Conditional Commitment/Direct Endorsement Statement of Appraised Value, 33191 2020-11713 HUD-Owned Good Neighbor Next Door Program, 33188 2020-11702 Mortgage Record Change, 33188-33189 2020-11720 The Outcomes Evaluation of the Choice Neighborhoods Program, 33189-33191 2020-11731 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Advance Notification of Sunset Review, 33119 2020-11745 Ceramic Tile From the People's Republic of China, 33089-33117, 33119-33121 2020-11721 2020-11722 Initiation of Five-Year (Sunset) Reviews, 33088-33089 2020-11735 Determinations of Sales at Less Than Fair Value: Certain Glass Containers From the People's Republic of China, 33117-33119 2020-11746 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Synthetic Roofing Underlayment Products and Components Thereof, 33198-33199 2020-11644 Steel Nails From Korea, Malaysia, Oman, Taiwan, and Vietnam, 33195-33198 2020-11692 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Whistleblower Protection for Federal Bureau of Investigation Employees, 33199 2020-11715 Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office Maritime Maritime Administration NOTICES Requested Administrative Waiver of the Coastwise Trade Laws:

Vessel DISCO (Sailboat), 33277 2020-11699 NASA National Aeronautics and Space Administration NOTICES Meetings: Heliophysics Advisory Committee, 33202-33203 2020-11698 National Credit National Credit Union Administration RULES Interagency Policy Statement on Allowances for Credit Losses, 32991-33004 2020-10291 NOTICES Interagency Guidance on Credit Risk Review Systems, 33278-33287 2020-10292 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings:

National Council on the Humanities, 33203 2020-11757 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institute of Standards and Technology NOTICES Meetings: Board of Overseers of the Malcolm Baldrige National Quality Award and Judges Panel of the Malcolm Baldrige National Quality Award, 33121 2020-11637 Judges Panel of the Malcolm Baldrige National Quality Award, 33121-33122 2020-11638 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Atlantic Sea Scallop Fishery; Extend Portions of the Fishing Year 2019 Scallop Carryover Provisions, 33027-33030 2020-11495 NOTICES Environmental Impact Statements; Availability, etc.: Draft Management Plan for the Proposed Connecticut National Estuarine Research Reserve, 33123-33124 2020-11680 Meetings: New England Fishery Management Council, 33122-33123, 33139 2020-11668 2020-11669 Permanent Advisory Committee To Advise the U.S. Commissioners to the Western and Central Pacific Fisheries Commission, 33123 2020-11632 Takes of Marine Mammals Incidental to Specified Activities:

Floating Dry Dock Project at Naval Base San Diego, CA, 33129-33139 2020-11732 Renewal of U.S. Navy Target and Missile Launch Activities on San Nicolas Island, 33124-33129 2020-11719 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Clearance Process for Deployment to the Polar Regions, 33203-33204 2020-11658 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Exelon Generation Company, LLC; Calvert Cliffs Nuclear Power Plant Independent Spent Fuel Storage Installation, 33204-33205 2020-11693 Meetings; Sunshine Act, 33204 2020-11831 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Advisory Committee on Construction Safety and Health, 33199-33200 2020-11659 United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals, 33200-33201 2020-11660 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Refund of Retirement Deductions (Civil Service Retirement System) and Current/Former Spouses Notification of Application for Refund of Retirement Deductions Under Civil Service Retirement System, 33206-33207 2020-11733 Civil Service Retirement System/Federal Employees Retirement System Documentation in Support of Disability Retirement Application, 33205-33206 2020-11734 Postal Regulatory Postal Regulatory Commission NOTICES Inbound Competitive Multi-Service Agreements with Foreign Postal Operators, 33207 2020-11634 New Postal Products, 33207-33208 2020-11696 Postal Service Postal Service NOTICES International Product Change:

Global Expedited Package Services—Non-Published Rates, 33211 2020-11641 Priority Mail Express International, Priority Mail International and First-Class Package International Service Agreement, 33208 2020-11642 Privacy Act; Systems of Records, 33208-33211 2020-11639 2020-11640 Securities Securities and Exchange Commission RULES Recordkeeping and Reporting Requirements: Security-Based Swap Dealers, Major Security-Based Swap Participants, and Broker-Dealers; Correction, 33020-33021 2020-10016 Securities Offering Reform for Closed-End Investment Companies, 33290-33394 2020-07790 NOTICES Order Under the Securities Exchange Act Extending Temporary Exemptions From Specified Provisions of the Exchange Act and Certain Rules Thereunder, 33234-33235 2020-11718 Program for Allocation of Regulatory Responsibilities;

Cboe BZX Exchange, Inc., Cboe BYX Exchange, Inc., NYSE Chicago, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., et al., 33239-33249 2020-11656 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 33258-33271, 33454-33491 2020-11651 2020-11653 Financial Industry Regulatory Authority, Inc., 33212-33221 2020-11650 ICE Clear Credit, LLC, 33221-33223 2020-11649 Nasdaq BX, Inc, 33235-33239 2020-11645 Nasdaq GEMX, LLC, 33224-33231 2020-11647 Nasdaq ISE, LLC, 33231-33234 2020-11646 New York Stock Exchange, LLC, 33252-33255 2020-11657 NYSE American, LLC, 33249-33252 2020-11652 NYSE Arca, Inc., 33255-33258 2020-11648 Small Business Small Business Administration RULES Business Loan Program Temporary Changes;

Paycheck Protection Program: Requirements—Loan Forgiveness, 33004-33010 2020-11536 SBA Loan Review Procedures and Related Borrower and Lender Responsibilities, 33010-33015 2020-11533 State Department State Department NOTICES Charter Renewal: Defense Trade Advisory Group, 33271 2020-11675 Meetings: Advisory Committee on International Postal and Delivery Services, 33271 2020-11678 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 33271 2020-11711 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration RULES Tribal Transportation Self-Governance Program, 33494-33525 2020-11618 Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department NOTICES Meetings:

National Academic Affiliations Council, 33287-33288 2020-11697 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Longshore and Harbor Workers Compensation Act Pre-Hearing Statement, 33201-33202 2020-11664 Separate Parts In This Issue Part II Securities and Exchange Commission, 33290-33394 2020-07790 Part III Transportation Department, Federal Motor Carrier Safety Administration, 33396-33452 2020-11469 Part IV Securities and Exchange Commission, 33454-33491 2020-11651 Part V Transportation Department, 33494-33525 2020-11618 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. 85 105 Monday, June 1, 2020 Rules and Regulations DEPARTMENT OF ENERGY 2 CFR Part 910 RIN 1991-AC15 Financial Assistance Regulations—Deviation Authority AGENCY: Office of Acquisition Management, Department of Energy. ACTION: Interim final rule.

SUMMARY: The Department of Energy

(DOE)publishes this interim final rule to amend DOE's Financial Assistance Regulations to authorize deviations, when necessary to achieve program objectives; necessary to conserve public funds; otherwise essential to the public interest; or necessary to achieve equity. DATES: *Effective date:* This rulemaking is effective as of June 1, 2020. *Comment date:* Written comments must be received on or before close of business July 31, 2020. ADDRESSES: You may submit comments, identified by “ *DOE Financial Assistance Regulations—Deviation Authority and RIN 1991-AC15,* ” by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *Email to: DEARrulemaking@hq.doe.gov* . Include Financial Assistance Regulations—Deviation Authority and RIN 1991-AC15 in the subject line of the message. FOR FURTHER INFORMATION CONTACT: Mr. John Harris, U.S. Department of Energy, Office of Acquisition Management, at

(202)287-1471 or by email at *John.Harris@hq.doe.gov* . SUPPLEMENTARY INFORMATION: I. Background II. Section-by-Section Analysis III. Procedural Requirements A. Review Under Executive Orders 12866 and 13563 B. Review Under Executive Orders 13771 and 13777 C. Review Under the Regulatory Flexibility Act D. Review Under the Paperwork Reduction Act E. Review Under the National Environmental Policy Act F. Review Under Executive Order 12988 G. Review Under Executive Order 13132 H. Review Under the Unfunded Mandates Reform Act of 1995 I. Review Under the Treasury and General Government Appropriations Act, 1999 J. Review Under Executive Order 13211 K. Review Under the Treasury and General Government Appropriations Act, 2001 L. Congressional Notification M. The Administrative Procedure Act N. Approval by the Office of the Secretary of Energy I. Background The purpose of this interim final rule is to amend DOE's Financial Assistance Regulations at 2 CFR part 910, to add deviation authority to provide the Director for the Office of Acquisition Management, for DOE actions, and the Deputy Associate Administrator for the Office of Acquisition and Project Management for the National Nuclear Security Administration (NNSA), for NNSA actions, or designee the authority to authorize deviations, when

(1)necessary to achieve program objectives;

(2)necessary to conserve public funds;

(3)otherwise essential to the public interest; or

(4)necessary to achieve equity. This interim final rule will reinstate deviation authority in 2 CFR part 910 to give DOE the authority to deviate from its financial assistance regulations. This deviation authority was originally in 10 CFR 600.4 but was not carried over in 2 CFR part 910 when DOE amended its Financial Assistance Regulations by adopting the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as provided in OMB Guidance in 2 CFR part 200. 79 FR 75867, 76024 (Dec. 19, 2014). In addition to adopting these requirements in its regulations, DOE amended its regulations to supplement the OMB Guidance. DOE did not, however, include in its supplementary amendments authority for the Department to deviate or approve exceptions to its regulations in 2 CFR part 910. Previous to the adoption and addition of the regulations above, DOE had the authority to deviate from its financial assistance regulations. See 10 CFR 600.4(c)(2)(i) and (ii). II. Section-by-Section Analysis DOE proposes to amend Chapter 9 of Title 2 of the Code of Federal Regulations as set forth below: Subpart B is amended to add § 910.133 to part 910, adding deviation authority to provide the Director for the Office of Acquisition Management, for DOE actions, and the Deputy Associate Administrator for the Office of Acquisition and Project Management for NNSA, for NNSA actions, or designee the authority to authorize deviations, when

(1)necessary to achieve program objectives;

(2)necessary to conserve public funds;

(3)otherwise essential to the public interest; or

(4)necessary to achieve equity. This deviation authority was originally in 10 CFR 600.4 but was not carried over in 2 CFR part 910. In drafting the rule, DOE is reinstating deviation authority that was originally in 10 CFR 600.4 but was not carried over in 2 CFR part 910 to give DOE/NNSA authority to approve a deviation when the conditions above have been met and as authorized by the designated officials. Deviation authority is different than the exemption authority set forth at 2 CFR 200.102 because it covers only agency-specific regulations. III. Procedural Requirements A. Review Under Executive Orders 12866 and 13563 This regulatory action has been determined not to be a “significant regulatory action” under Executive Order 12866, “Regulatory Planning and Review,” (58 FR 51735, October 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 interim final rule is consistent with the directives set forth in these Executive orders. This interim final rule reinstates DOE's authority under 2 CFR part 910 to deviate from its financial assistance regulations under specified circumstances as was originally provided under 10 CFR 600.4. C. Review Under 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. Because a notice of proposed rulemaking is not required for this action pursuant to 5 U.S.C. 553, or any other law, no regulatory flexibility analysis has been prepared for this interim final rule. D. Review Under the Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 3506; 5 CFR part 1320 appendix A.1) (PRA), DOE reviewed this interim final rule and determined that there are no new collections of information contained therein. DOE's associated information collection has been approved under OMB Control No. 1910-4100. E. Review Under the National Environmental Policy Act DOE has concluded that promulgation of this interim final rule falls into a class of actions that would not individually or cumulatively have a significant impact on the human environment, as determined by DOE's regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) (NEPA). Specifically, DOE has determined that this interim final rule is covered under the categorical exclusion found in DOE's NEPA regulations at paragraphs A5 and A6 of Appendix A to Subpart D, 10 CFR part 1021. Categorical exclusion A5 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. Categorical exclusion A6 applies to rulemakings that are strictly procedural. Accordingly, neither an environmental assessment nor an environmental impact statement is required. F. 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, February 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. 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 United States 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 if 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. G. Review Under Executive Order 13132 Executive Order 13132, (64 FR 43255, August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required 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 requires agencies to have an accountability 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 interim final rule and has determined that it does not preempt State law and does 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. H. 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 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)) The 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 “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 them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy statement is also available at *http://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 interim final rule does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by the private sector. I. 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 rulemaking or policy that may affect family well-being. This rulemaking will have no 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. J. 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 the Office of Information and Regulatory Affairs (OIRA), of the Office of Management and Budget (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 promulgates or is expected to lead to promulgation of a final rule, and that:

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

(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 interim final rule is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Review Under the Treasury and General Government Appropriations Act, 2001 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 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this interim final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. L. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this interim final rule prior to its effective date. The report will state that it has been determined that this interim final rule is not a “major rule” as defined by 5 U.S.C. 801(2). M. The Administrative Procedure Act In accordance with 5 U.S.C. 553(b), the Administrative Procedure Act, DOE generally publishes a rule in a proposed form and solicits public comment on it before issuing the rule in final. This rulemaking, as a matter relating to grants, is exempt from the requirement to publish a notice of proposed rulemaking under 5 U.S.C. 553(a)(2). DOE, however, is publishing this rule as an interim final rule and allowing for public comments sixty

(60)days after date of publication in the **Federal Register** . N. Approval by the Office of the Secretary of Energy Issuance of this interim final rule has been approved by the Office of the Secretary of Energy. List of Subjects in 2 CFR Part 910 Accounting, Administrative practice and procedure, Grant programs, Reporting and recordkeeping requirements. Signing Authority This document of the Department of Energy was signed on May 4, 2020, by S. Keith Hamilton, Deputy Associate Administrator for Acquisition and Project Management and Senior Procurement Executive, National Nuclear Security Administration, pursuant to delegated authority from the Administrator, National Nuclear Security Administration, and John R. Bashista, Director, Office of Acquisition Management and Senior Procurement Executive, Department of Energy, pursuant to delegated authority from the Secretary of Energy. These documents with the original signature and date are maintained by DOE/NNSA. 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 May 13, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. For the reasons set out in the preamble, DOE amends chapter 9 of title 2 of the Code of Federal Regulations as follows: PART 910—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 1. The authority citation for part 910 continues to read as follows: Authority: 42 U.S.C. 7101, *et seq.;* 31 U.S.C. 6301-6308; 50 U.S.C. 2401 *et seq.;* 2 CFR part 200. 2. Subpart B is amended by adding § 910.133 to read as follows: § 910.133 Deviation authority.

(a)*General.*

(1)A deviation is the use of any policy, procedure, form, standard, term, or condition which varies from a requirement of this part, or the waiver of any such requirement, unless such use or waiver is authorized or precluded by Federal statute. The use of optional or discretionary provisions of this part, including special restrictive conditions used in accordance with § 910.372, exceptions under 2 CFR 200.102, and the waiver of the cost sharing requirements in § 910.130 are not deviations. Awards to foreign entities are not subject to this section.

(2)A single-case deviation is a deviation which applies to one financial assistance transaction and one applicant, recipient, or subrecipient only.

(3)A class deviation is a deviation which applies to more than one financial assistance transaction, applicant, recipient, or subrecipient.

(b)*Conditions for approval.* The DOE/NNSA officials specified in paragraph

(c)of this section may authorize a deviation only upon a written determination that the deviation is—

(1)Necessary to achieve program objectives;

(2)Necessary to conserve public funds;

(3)Otherwise essential to the public interest; or

(4)Necessary to achieve equity.

(c)*Approval procedures.*

(1)A deviation request must be in writing and must be submitted to the responsible DOE/NNSA Contracting Officer. An applicant for a subaward or a subrecipient shall submit any such request through the recipient.

(2)Except as provided in paragraph (c)(3) of this section—

(i)A single-case deviation may be authorized by the responsible HCA.

(ii)A class deviation may be authorized by the Director, Office of Acquisition Management, for DOE actions, and the Deputy Associate Administrator for the Office of Acquisition and Project Management for NNSA, for NNSA actions, or designee.

(3)Whenever the approval of OMB, other Federal agency, or other DOE/NNSA office is required to authorize a deviation, the proposed deviation must be submitted to the Director, Office of Acquisition Management, for DOE actions, and the Deputy Associate Administrator for the Office of Acquisition and Project Management for NNSA, for NNSA actions, or designee for concurrence prior to submission to the authorizing official.

(d)*Notice.* Whenever a request for a class deviation is approved, DOE/NNSA will identify this class deviation (as applicable) in the Notice of Funding Opportunity(s) that may be affected.

(e)*Subawards.* A recipient may use a deviation in a subaward only with the prior written approval of a DOE/NNSA Contracting Officer. [FR Doc. 2020-10577 Filed 5-29-20; 8:45 am]

Connectionstraces to 15

Traces to 15 documents