Unknown. Final rule; technical amendments

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-06-18.xml --- 85 118 Thursday, June 18, 2020 Contents Agriculture Agriculture Department See Food and Nutrition Service See Rural Housing Service See The U.S. Codex Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36828-36829 2020-13181 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Telemanagement Forum, 36879 2020-13171 The Open Group, LLC, 36878 2020-13170 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Facilitating the LIBOR Transition (Regulation Z), 36938-36994 2020-12239 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings:

Webinar on Improvements to SaferProducts.gov, 36838-36839 2020-13100 Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances: Temporary Placement of Isotonitazene in Schedule I, 36819-36823 2020-12304 Employee Benefits Employee Benefits Security Administration NOTICES Request for Information: Prohibited Transactions Involving Pooled Employer Plans under the Setting Every Community Up for Retirement Enhancement Act and Other Multiple Employer Plans, 36880-36882 2020-13142 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: New Jersey; Gasoline Vapor Recovery Requirements, 36748-36752 2020-11712 Exemption from the Requirement of a Tolerance: Fulvic acid, 36752-36755 2020-12375 Pesticide Tolerances: Fenpyroximate, 36755-36758 2020-11516 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Rhode Island; Reasonably Available Control Technology for the 2008 and 2015 Ozone Standards, 36823-36827 2020-12958 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Brownfields Program—Accomplishment Reporting (Renewal), 36849-36851 2020-13168 Certain New Chemicals: Receipt and Status Information for May 2020, 36844-36849 2020-13135 Granting Petitions to Add 1-bromopropane (also known as 1-BP) to the List of Hazardous Air Pollutants, 36851-36855 2020-13145 Meetings: Board of Scientific Counselors Chemical Safety for Sustainability and Health and Environmental Risk Assessment Subcommittee; Correction, 36851 2020-13169 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings:

Board, 36855 2020-13178 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus Helicopters Deutschland GmbH Helicopters, 36816-36818 2020-13050 NOTICES Requests for Nominations: Appointment to the Drone Advisory Committee, 36931-36932 2020-13133 Federal Communications Federal Communications Commission RULES Implementation of Provisions of the Television Viewer Protection Act of 2019 Governing Negotiation of Retransmission Consent between Qualified Multichannel Video Programming Distributor Buying Groups and Large Station Groups, 36798-36801 2020-11130 Modernization of Media Regulation Initiative:

Filing of Applications; Revision of the Public Notice Requirements, 36786-36798 2020-11127 Notice and Filing Requirements and Other Procedures for Auction 904: Rural Digital Opportunity Fund Phase I Auction Scheduled for October 29, 2020, 36758-36786 2020-13216 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 36855 2020-13303 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Hawks Nest Hydro, LLC, 36839-36840 2020-13154 Texas Eastern Transmission, LP, 36840-36841 2020-13155 Combined Filings, 36842-36843 2020-13150 2020-13151 Filing:

Denecour, Jessica, 36841-36842 2020-13153 Flexon, Robert C., 36841 2020-13152 Niggli, Michael R., 36839 2020-13149 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Hardin Wind, LLC, 36841 2020-13148 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service Drivers; Exemption Applications: 14-Hour Rule During Independence Day Celebrations for Illumination Fireworks Partners, LP, and ACE Pyro, LLC, 36932-36933 2020-13160 Federal Trade Federal Trade Commission NOTICES Granting of Requests for Early Termination of the Waiting Period under the Premerger Notification Rules, 36855-36857 2020-13109 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Obtaining Information to Understand Challenges and Opportunities Encountered by Compounding Outsourcing Facilities, 36857-36859 2020-13086 Food and Nutrition Food and Nutrition Service NOTICES Special Supplemental Nutrition Program for Women, Infants, and Children: 2020/2021 Income Eligibility Guidelines; Correction, 36830 2020-13087 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 36933-36935 2020-13162 2020-13163 Government Ethics Government Ethics Office RULES Executive Branch Financial Disclosure and Standards of Ethical Conduct, 36715-36717 2020-12357 Health and Human Health and Human Services Department See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See U.S.

Citizenship and Immigration Services See U.S. Immigration and Customs Enforcement NOTICES Charter Renewal: Data Privacy and Integrity Advisory Committee, 36873 2020-13143 Requests for Nominations: Data Privacy and Integrity Advisory Committee, 36873-36875 2020-13108 Indian Affairs Indian Affairs Bureau NOTICES Land Acquisitions: Snoqualmie Indian Tribe, 36876-36877 2020-13082 Indian Health Indian Health Service NOTICES Funding Opportunity: Injury Prevention Program; Tribal Injury Prevention Cooperative Agreement Program, 36859-36869 2020-13180 Industry Industry and Security Bureau RULES Release of Technology to Certain Entities on the Entity List in the Context of Standards Organizations, 36719-36748 2020-13093 Interior Interior Department See Indian Affairs Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China, 36831-36834 2020-13157 Commodity Matchbooks from India, 36834-36835 2020-12642 Forged Steel Fittings from India, 36835-36837 2020-13159 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Food Processing Equipment and Packaging Materials Thereof, 36877-36878 2020-13164 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decree:

Clean Air Act, 36879-36880 2020-13141 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Presence Sensing Device Initiation Standard, 36882-36883 2020-13173 NASA National Aeronautics and Space Administration NOTICES Meetings: National Space-Based Positioning, Navigation, and Timing Advisory Board, 36885 2020-13174 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Institute of Mental Health Data Archive, 36869-36870 2020-13136 Specimen Resource Locator (National Cancer Institute), 36871-36872 2020-13139 Meetings: National Institute of Allergy and Infectious Diseases, 36870 2020-13098 National Institute of Neurological Disorders and Stroke, 36871 2020-13097 National Institute of Nursing Research, 36870-36871 2020-13095 National Institute on Deafness and Other Communication Disorders, 36869 2020-13094 National Institute on Drug Abuse, 36873 2020-13096 Prospective Grant of an Exclusive Patent License:

Development and Commercialization of Cell Therapies for Cancer, 36872 2020-13137 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Recreational Management Measures for the Summer Flounder Fishery; Fishing Year 2020, 36802-36803 2020-12069 Fisheries off West Coast States; Pacific Coast Groundfish Fishery: 2020 Harvest Specifications for Pacific Whiting, Cowcod and Shortbelly Rockfish and 2020 Pacific Whiting Tribal Allocation, 36803-36815 2020-12959 NOTICES Application:

Marine Mammals; File No. 23779, 36837 2020-13105 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Sustainability and Diffusion of the NSF ADVANCE Program, 36885-36886 2020-13167 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Multistakeholder Process on Promoting Software Component Transparency, 36837-36838 2020-13161 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Standard on Powered Platforms for Building Maintenance, 36883-36885 2020-13176 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: More Information Needed for the Person Named Below, 36886-36887 2020-13092 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 36887 2020-13166 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 36888 2020-13104 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 36830-36831 2020-13182 Securities Securities and Exchange Commission NOTICES Order Denying Stay: Order Directing the Exchanges and the Financial Industry Regulatory Authority to Submit a New National Market System Plan Regarding Consolidated Equity Market Data, 36921-36923 2020-13127 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe C2 Exchange, Inc., 36888-36899 2020-13116 Cboe EDGX Exchange, Inc., 36899-36903 2020-13124 Cboe Exchange, Inc., 36907-36910, 36918-36921, 36923-36928 2020-13118 2020-13122 2020-13123 Financial Industry Regulatory Authority, Inc., 36928-36930 2020-13113 ICE Clear Europe, Ltd., 36904-36906 2020-13120 New York Stock Exchange, LLC, 36911-36913 2020-13119 NYSE Arca, Inc., 36910-36911, 36914-36918 2020-13117 2020-13121 Small Business Small Business Administration RULES Business Loan Program;

Paycheck Protection Program: Temporary Changes, 36717-36719 2020-13130 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control Exemption: Jon Delli Priscoli and First Colony Development and Rail Holdings Co.; Massachusetts Coastal Railroad, LLC, 36930-36931 2020-13172 Codex The U.S. Codex Office NOTICES Meetings: Codex Alimentarius Commission, 36829-36830 2020-13165 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES Meetings:

Financial Research Advisory Committee, 36935-36936 2020-13156 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Free Training for Civics and Citizenship Teachers of Adults and Civics and Citizenship Toolkit, 36875-36876 2020-13099 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application for a Stay of Deportation or Removal, 36875 2020-13146 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Reinstatement—Insurance Lapsed More Than 6 Months and Application for Reinstatement-Non-Medical Comparative Health Statement, 36936 2020-13091 Separate Parts In This Issue Part II Bureau of Consumer Financial Protection, 36938-36994 2020-12239 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. 85 118 Thursday, June 18, 2020 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2635 RIN 3209-AA52 Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations AGENCY: Office of Government Ethics.

ACTION: Final rule; technical amendments. SUMMARY: The U.S. Office of Government Ethics

(OGE)is updating its executive branch regulation on financial disclosure to reflect the retroactive statutory increase of the reporting thresholds for gifts and travel reimbursements. OGE is also updating the executive branchwide standards of ethical conduct regulation to raise the widely attended gatherings nonsponsor gifts exception dollar ceiling tied to these thresholds. This change is not retroactive. DATES: *Effective date:* This final rule is effective June 18, 2020. *Applicability date:* The amendments to 5 CFR 2634.304 and 2634.907 are applicable as of January 1, 2020. FOR FURTHER INFORMATION CONTACT: Patrick J. Lightfoot, Assistant Counsel, or Christie Chung, Assistant Counsel; Telephone: 202-482-9300. SUPPLEMENTARY INFORMATION: I. Background The U.S. Office of Government Ethics

(OGE)is amending pertinent sections of its executive branchwide ethics regulations on financial disclosure and standards of ethical conduct, as codified at 5 CFR parts 2634 and 2635, in order to update the thresholds for gifts and travel reimbursements, as well as the widely attended gatherings nonsponsor gifts exception dollar ceiling. Increased Gifts and Travel Reimbursements Reporting Thresholds First, OGE is revising its executive branch financial disclosure regulation at 5 CFR part 2634 to reflect the increased reporting thresholds for gifts, reimbursements, and travel expenses for both the public and confidential executive branch financial disclosure systems. The increased thresholds are applicable as of January 1, 2020. These increases conform to the statutorily mandated public disclosure reporting thresholds under section 102(a)(2)(A) and

(B)of the Ethics in Government Act as amended, 5 U.S.C. app. 102(a)(2)(A) and (B), (Ethics Act) and are extended to confidential disclosure reporting by OGE's regulation. Under the Ethics Act, the gifts and travel reimbursements reporting thresholds are tied to the dollar amount for the “minimal value” threshold for foreign gifts as the General Services Administration

(GSA)periodically redefines it. GSA raised the “minimal value” amount under the Foreign Gifts and Decorations Act, 5 U.S.C. 7342, to $415 for the three-year period 2020-2022 (from the prior level of $390) in a March 10, 2020, Federal Management Regulation Bulletin. See Gen. Servs. Admin., FMR B-50, Foreign Gift and Decoration Minimal Value

(2020)(revising retroactively to January 1, 2020, the foreign gifts minimal value definition as codified at 41 CFR 102-42.10). Accordingly, applicable as of that same date, OGE is increasing the thresholds for reporting of gifts and travel reimbursements from any one source in 5 CFR 2634.304 and 2634.907(g). The thresholds have been raised to “more than $415” for the gifts and travel reimbursements aggregation thresholds and “$166 or less” for the de minimis exception for gifts and travel reimbursements that do not have to be aggregated. As noted, these regulatory increases implement the underlying statutory increases effective January 1, 2020. OGE is also updating the examples following those sections, including appropriate adjustments to gift values. OGE will continue to adjust the gifts and travel reimbursements reporting thresholds in its part 2634 regulation in the future as needed in light of GSA's redefinition of “minimal value” every three years for foreign gifts purposes. See OGE's prior three-year adjustment of those regulatory reporting thresholds, as published at 82 FR 22735 (May 18, 2017) (for 2017-2019, the aggregate reporting thresholds were more than $390, with a $156 or less de minimis exception). Increased Dollar Ceiling for the Exception for Nonsponsor Gifts of Free Attendance at Widely Attended Gatherings OGE is also increasing the exception ceiling for nonsponsor gifts of free attendance at widely attended gatherings from $390 to $415 in the executive branch standards of ethical conduct regulation, as codified at 5 CFR 2635.204(g)(3) (and as illustrated in the examples following paragraph (g)). This separate regulatory change is effective upon publication in the **Federal Register** , on June 18, 2020. As OGE noted in the preambles to the proposed and final rules on such nonsponsor gifts, that ceiling is tied to the financial disclosure gifts reporting threshold. See 60 FR 31415 (June 15, 1995) and 61 FR 42965 (Aug. 20, 1996). Thus, OGE is again increasing the nonsponsor gift ceiling to match the further increase in the gifts and travel reimbursements reporting thresholds described above. The nonsponsor gift ceiling was last raised May 2017. See 82 FR 22735 (May 18, 2017). The other requirements for acceptance of such nonsponsor gifts, including an agency interest determination and expected attendance by more than 100 persons, remain unchanged. II. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), as Director of the Office of Government Ethics, I find that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because these amendments concern matters of agency organization, procedure and practice. It is also in the public interest that the accurate and up-to-date information be contained in the affected sections of OGE's regulations as soon as possible. The increase in the reporting thresholds for gifts and reimbursements is based on a statutory formula and lessens the reporting burden. Therefore, that regulatory revision is retroactively applicable as of January 1, 2020, when the change became effective under the Ethics Act. Regulatory Flexibility Act As the Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects current Federal executive branch employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain information collection requirements that require approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 5, subchapter II), this final rule would not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Congressional Review Act The Office of Government Ethics has determined that this amendatory rulemaking is a nonmajor rule under the Congressional Review Act (5 U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate, House of Representatives and Government Accountability Office in accordance with that law at the same time this rulemaking document is sent to the Office of the Federal Register for publication in the **Federal Register** . Executive Order 13563 and Executive Order 12866 Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select the regulatory approaches that maximize net benefits (including economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. In promulgating this rulemaking, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in Executive Orders 12866 and 13563. The rule has not been reviewed by the Office of Management and Budget because it is not a significant regulatory action for the purposes of Executive Order 12866. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Government employees, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2635 Conflict of interests, Executive branch standards of ethical conduct, Government employees. Approved: May 19, 2020. Emory Rounds, Director, U.S. Office of Government Ethics. For the reasons set forth in the preamble, the U.S. Office of Government Ethics is amending 5 CFR parts 2634 and 2635 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996) and Sec. 701, Pub. L. 114-74 (Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. 2. Amend § 2634.304 as follows: a. Revise the Note to paragraph (a); b. In paragraphs

(a)and (b), remove the dollar amount “$390” and add in its place “$415” wherever it appears; c. In example 1 following paragraph (d), remove the dollar amount “$220” following “Gift 1-Print” and add in its place “$240” and remove the dollar amount “$390” in the sentence following “Gift 3” and add in its place “$415”; d. In paragraph

(d)and examples 1 and 2, remove the dollar amount “$156” and add in its place “$166” wherever it appears; and e. In examples 2 and 3 following paragraph (d), remove the year “2017” and add in its place “2020”. The revision reads as follows: § 2634.304 Gifts and reimbursements.

(a)* * * *Note to paragraph (a):* Under sections 102(a)(2)(A) and

(B)of the Ethics in Government Act, the reporting thresholds for gifts, reimbursements, and travel expenses are tied to the dollar amount for the “minimal value” threshold for foreign gifts established by the Foreign Gifts and Decoration Act, 5 U.S.C. 7342(a)(5). The General Services Administration (GSA), in consultation with the Secretary of State, redefines the value every 3 years. In 2020, the amount was set at $415. In subsection (d), the Office of Government Ethics sets the aggregation exception amount and redefines the value every 3 years. In 2020, the amount was set at $166. The Office of Government Ethics will update this part in 2023 and every three years thereafter to reflect the new amounts. 3. Amend § 2634.907 as follows: a. In paragraph (g)(1), remove the dollar amount of “$390” and add in its place “$415”; b. In paragraph (g)(2) introductory text, remove the dollar amount “$156” and add in its place “$166”; c. Revise the Note to paragraph (g)(2); d. In the last sentence of the example following paragraph (g)(5), remove the dollar amount of “$390” and add in its place “$415” and remove the dollar amount “$156” and add in its place “$166”. The revision reads as follows: § 2634.907 Report contents.

(g)* * *

(2)* * * *Note to paragraph (g)(2):* The Office of Government Ethics sets these amounts every 3 years using the same disclosure thresholds as those for public financial disclosure filers. In 2020, the reporting thresholds were set at $415 and the aggregation threshold was set at $166. The Office of Government Ethics will update this part in 2023 and every three years thereafter to reflect the new amount. PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 4. The authority citation for part 2635 continues to read as follows: Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. § 2635.204 [Amended] 5. In § 2635.204, in paragraph (g)(3)(iv) and examples 1 and 4 following paragraph (g)(6), remove the dollar amount “$390” and add in its place “$415” wherever it occurs. [FR Doc. 2020-12357 Filed 6-17-20; 8:45 am]

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