Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-09-22.xml --- 85 184 Tuesday, September 22, 2020 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Pecan Research, Promotion, and Information Order, 59610-59638 2020-19031 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See National Agricultural Statistics Service See Office of Partnerships and Public Engagement See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service RULES Coronavirus Food Assistance Program, 59380-59388 2020-20844 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59512-59513 2020-20898 2020-20901 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Temporary Assistance for Needy Families Expenditure Report, 59529-59530 2020-20900 Civil Rights Civil Rights Commission NOTICES Meetings: Alaska Advisory Committee, 59515-59516 2020-20830 Arizona Advisory Committee, 59514-59515 2020-20820 2020-20821 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 59470-59480 2020-18222 NOTICES Charter Renewal:

Technology Advisory Committee, 59516 2020-20903 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Early Childhood Longitudinal Study, Kindergarten Class of 2022-23, Kindergarten and First-Grade Field Test Data Collection, National Sampling, and National Recruitment, 59516-59517 2020-20895 Generic Application Package for Departmental Generic Grant Programs, 59517-59518 2020-20897 Employee Benefits Employee Benefits Security Administration NOTICES Requests for Nominations:

Advisory Council on Employee Welfare and Pension Benefit Plans, 59553 2020-20875 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Draft Waste Incidental to Reprocessing Evaluation: Vitrified Low-Activity Waste Disposed Onsite at the Hanford Site, WA; Comment Period Extension, 59518 2020-20910 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59518-59520 2020-20870 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Georgia: Emission Reduction Credits, 59436-59438 2020-19287 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Washington; Interstate Transport Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standards; Correction and Reopening of Comment Period, 59486 2020-17979 NOTICES Meetings: Chartered Science Advisory Board, 59524 2020-20883 Pesticide Product Registration: Applications for New Uses; August 2020, 59527-59528 2020-20884 Pesticide Registration Review:

Interim Decisions for the Triazines, 59525-59526 2020-20879 Proposed Administrative Settlement Agreement and Order on Consent for Removal: Pure Earth Recycling Superfund Site, City of Vineland, Cumberland County, NJ, 59526-59527 2020-20813 Proposed CERCLA Settlement Agreement and Order on Consent for Removal Action: Bona Fide Prospective Purchaser for the Alfred Heller Heat Treating Superfund Site, City of Clifton, Passaic County, NJ, 59525 2020-20809 Proposed Cost Recovery Settlement under CERCLA:

Charlestown Mall Site, Utica and Frankfort, Oneida and Herkimer Counties, NY, 59528 2020-20812 Operable Unit Two of the Diamond Alkali Superfund Site, in or about Essex and Hudson Counties, NJ, 59524-59525 2020-20811 Executive Office Executive Office for Immigration Review NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Entry of Appearance as Attorney or Representative before the Board of Immigration Appeals, 59549-59550 2020-20818 Farm Service Farm Service Agency RULES Strategic Economic and Community Development, 59388-59395 2020-19825 Federal Aviation Federal Aviation Administration RULES Accepted Means of Compliance;

Airworthiness Standards: Normal Category Airplanes, 59400-59404 2020-17911 Airworthiness Directives: Airbus Helicopters, 59416-59419 2020-20751 Airbus Helicopters Deutschland GmbH Helicopters, 59413-59416 2020-20763 Airbus SAS Airplanes, 59406-59409 2020-20826 Leonardo S.p.a. Helicopters, 59404-59406, 59411-59413 2020-20748 2020-20750 Leonardo S.p.A. Helicopters, 59409-59411 2020-20764 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 59454-59457 2020-20718 Airbus SAS Airplanes, 59460-59463 2020-20676 Textron Aviation Inc.

(Textron) Airplanes, 59457-59460 2020-20681 The Boeing Company Airplanes, 59449-59454 2020-20657 2020-20807 Amendment of Class D Airspace, and Removal of Class E Airspace: Homestead, FL, 59463-59464 2020-20725 Amendment of Class E Airspace: DuBois, PA, 59465-59466 2020-20739 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Airspace System Data Release Request, 59600-59601 2020-20880 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Age, Sex, Race, and Ethnicity of Persons Arrested under 18 Years of Age; Age, Sex, Race, and Ethnicity of Persons Arrested 18 Years of Age and over, 59550-59551 2020-20816 Monthly Return of Arson Offenses Known to Law Enforcement, 59551 2020-20817 Federal Communications Federal Communications Commission NOTICES Meetings: Disability Advisory Committee, 59528-59529 2020-20857 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Alaska Electric Light and Power Co., 59522-59523 2020-20916 Carbon Zero, LLC; North Bennington Hydroelectric, LLC, 59523 2020-20914 Combined Filings, 59520-59522 2020-20912 2020-20917 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Harts Mill Solar, LLC, 59523 2020-20915 Records Governing Off-the-Record Communications, 59521 2020-20913 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices: Acquisitions of Shares of a Bank or Bank Holding Company, 59529 2020-20889 Federal Trade Federal Trade Commission PROPOSED RULES Affiliate Marketing Rule, 59466-59469 2020-19174 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Threatened Species Status with Section 4(d) Rule and Critical Habitat Designation for Atlantic Pigtoe, 59487-59511 2020-19095 Food and Drug Food and Drug Administration RULES Postmarketing Safety Reports for Approved New Animal Drugs; Electronic Submission Requirements; Correction, 59427 2020-18263 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 59601-59606 2020-20871 2020-20888 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Removing Financial Disincentives to Living Organ Donation, 59438-59445 2020-20804 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59537-59538 2020-20832 Health Resources Health Resources and Services Administration NOTICES Maternal and Child Health Bureau-Initiated Supplemental Award: Immune Deficiency Foundation for the Severe Combined Immunodeficiency Screening and Education Program, 59534-59535 2020-20856 National Vaccine Injury Compensation Program: List of Petitions Received, 59535-59537 2020-20850 Reimbursement of Travel and Subsistence Expenses Toward Living Organ Donation Program Eligibility Guidelines, 59530-59534 2020-20805 Homeland Homeland Security Department See U.S.

Customs and Border Protection Industry Industry and Security Bureau RULES Addition of Entities to the Entity List: Corrections to Certain Existing Entries on the Entity List, 59419-59427 2020-18515 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service RULES Ownership Attribution under Section 958 including for Purposes of Determining Status as Controlled Foreign Corporation or United States Shareholder, 59428-59436 2020-17549 PROPOSED RULES Ownership Attribution under Section 958 for Purposes of Sections 367(a) and 954(c)(6), 59481-59484 2020-17550 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 59544-59545 2020-20873 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 4th Tier Cigarettes from Korea, 59543 2020-20833 Complaint: Certain Shingled Solar Modules, Components Thereof, and Methods for Manufacturing the Same, 59546-59547 2020-20834 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Fish-Handling Pliers and Packaging Thereof; Corrected General Exclusion Order, 59542-59543 2020-20886 Certain Gas Spring Nailer Products and Components Thereof, 59543-59544 2020-20842 Certain Luxury Vinyl Tile and Components Thereof:

Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of Investigation, 59548-59549 2020-20843 Polyethylene Terephthalate Film, Sheet, and Strip from India and Taiwan, 59548 2020-20918 Polyvinyl Alcohol from China and Japan, 59545-59546 2020-20919 Justice Department Justice Department See Executive Office for Immigration Review See Federal Bureau of Investigation NOTICES Proposed Consent Decree under CERCLA, 59551-59553 2020-20835 2020-20866 2020-20908 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59513-59514 2020-20814 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: National Council on the Arts, 59559 2020-20868 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 59539-59541 2020-20823 2020-20825 National Center for Advancing Translational Sciences, 59541 2020-20824 National Heart, Lung, and Blood Institute, 59538, 59541 2020-20822 2020-20860 National Institute of Allergy and Infectious Diseases, 59540-59541 2020-20861 2020-20862 National Institute of Neurological Disorders and Stroke, 59538 2020-20864 National Institute on Drug Abuse, 59539 2020-20863 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Fisheries, 59445-59446 2020-20906 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 9, 59395-59400 2020-20666 PROPOSED RULES List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR Storage System, Certificate of Compliance No. 1031, Amendment No. 9, 59447-59448 2020-20667 NOTICES Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations:

Biweekly Notice, 59559-59565 2020-20720 Environmental Assessments; Availability, etc.: Exelon Generation Co., LLC; Three Mile Island Nuclear Station, Units 1 and 2, 59565-59568 2020-20858 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Application for Expansion of Recognition: Applied Research Laboratories of South Florida, LLC, 59554-59555 2020-20872 QAI Laboratories, Ltd., 59557-59559 2020-20876 Grant of Recognition and Modification to the Nationally Recognized Testing Laboratory Program's List of Appropriate Test Standards;

DEKRA Certification, Inc., 59555-59557 2020-20877 OPPE Office of Partnerships and Public Engagement NOTICES Meetings: Advisory Committee on Minority Farmers, 59514 2020-20819 Personnel Personnel Management Office RULES Federal Employees' Retirement System; Normal Cost Percentage for Certain Members of the Capitol Police, 59377-59378 2020-20783 Present Value Conversion Factors for Spouses of Deceased Separated Employees, 59378-59380 2020-20784 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 59568 2020-20885 Postal Service Postal Service PROPOSED RULES Addressing Standards, 59484-59486 2020-19096 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Terrorism;

Continuation of National Emergency Respecting Persons Who Commit, Threaten To Commit, or Support (Notice of September 18, 2020), 59639-59642 2020-21059 Rural Business Rural Business-Cooperative Service RULES Strategic Economic and Community Development, 59388-59395 2020-19825 Rural Housing Service Rural Housing Service RULES Strategic Economic and Community Development, 59388-59395 2020-19825 Rural Utilities Rural Utilities Service RULES Strategic Economic and Community Development, 59388-59395 2020-19825 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: MEMX, LLC, 59580-59582 2020-20841 NYSE Arca, Inc., 59568-59574 2020-20836 2020-20840 NYSE Chicago, Inc., 59582-59586 2020-20838 NYSE National, Inc., 59576-59580 2020-20837 The Nasdaq Stock Market, LLC, 59574-59576 2020-20839 Small Business Small Business Administration NOTICES Declaration of an Economic Injury Disaster: State of Washington, 59586 2020-20859 State Department State Department NOTICES Meetings: Overseas Security Advisory Council, 59586 2020-20893 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusion Extensions:

China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 59587-59600 2020-20828 2020-20829 Tariff-Rate Quota Allocations: Fiscal Year 2020; Raw Cane Sugar, 59586-59587 2020-20874 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Detention, 59542 2020-20896 Veteran Affairs Veterans Affairs Department NOTICES Reasonable Charges for Inpatient Medical Severity-Diagnosis Related Groups and Skilled Nursing Facility Medical Services, 59606-59607 2020-20894 Separate Parts In This Issue Part II Agriculture Department, Agricultural Marketing Service, 59610-59638 2020-19031 Part III Presidential Documents, 59639-59642 2020-21059 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. 85 184 Tuesday, September 22, 2020 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 841 RIN 3206-AO02 Federal Employees' Retirement System; Normal Cost Percentage for Certain Members of the Capitol Police AGENCY: Office of Personnel Management.

ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is adopting its proposed rule to revise the categories of employees for computation of normal cost percentages for certain members of the Capitol Police who are covered by the Federal Employees' Retirement System

(FERS)Act of 1986. DATES: This rule becomes effective on October 1, 2020. FOR FURTHER INFORMATION CONTACT: Karla Yeakle,

(202)606-0299. SUPPLEMENTARY INFORMATION: On April 6, 2020, OPM published notice 85 FR 19174 in the **Federal Register** to revise the normal cost percentages under the Federal Employees' Retirement System

(FERS)Act of 1986, Public Law 99-335, 100 Stat. 514, as amended, based on economic assumptions and demographic factors adopted by the Board of Actuaries of the Civil Service Retirement System. As a result of new legislation enacted on December 20, 2019, under sec. 211 of title II, division E of Public Law 116-94, the Further Consolidated Appropriations Act, 2020, OPM was required to provide separate normal cost percentages for certain members of the Capitol Police as distinct from other Congressional Employees. Prior to the enactment of the Further Consolidated Appropriations Act, 2020, members of the Capitol Police were combined with Congressional Employees for the purpose of determining the normal cost percentages for those employee populations. This rule is necessary to ensure that the rules for computation of normal cost percentages are consistent with the categories of employees as provided under 5 U.S.C. 8423(a)(1)(B)(i), as amended by sec. 211 of title II, division E of Public Law 116-94, the Further Consolidated Appropriations Act, 2020. The Middle Class Tax Relief and Jobs Creation Act of 2012, sec. 5001 of Public Law 112-96, 126 Stat. 157, and subsequently, sect. 401 of Public Law 113-67, 113 Stat. 1165, the Bipartisan Budget Act of 2013, increased the retirement contributions for certain FERS employees (Revised Annuity Employees (FERS-RAE) and Further Revised Annuity Employees (FERS-FRAE)) and established separate FERS deduction rates for Congressional employees and members of the Capitol Police. These Acts reduced the retirement annuity accrual rates of new legislative (Congressional) branch employees (other than Capitol Police) equal to that of most regular federal employees, while the retirement accrual rates for new Capitol Police remained at an enhanced level. Despite the difference in annuity benefits, these Acts did not establish separate employee categories for the computation of normal cost percentages for Capitol Police versus other legislative branch employees. With the passage of the Further Consolidated Appropriations Act, 2020, members of the Capitol Police covered under 5 U.S.C. 8412(d) and 5 U.S.C. 8425(c), who receive enhanced retirement accrual rates similar to that of law enforcement officers under 5 U.S.C. 8415(e), have been removed from the Congressional employee normal cost category and now have their own normal cost category. Section 841.403 of title 5, Code of Federal Regulations, regulates the categories of employees for computation of normal cost percentages that the government is required to pay for employees under 5 U.S.C. 8423. OPM's final rule amends its regulation under 5 CFR 841.403 to eliminate the category of “Congressional employees, including members of the Capitol Police,” and to establish separate normal cost percentages for certain members of the Capitol Police and for Congressional employees in compliance with sec. 211 of title II, division E of Public Law 116-94, the Further Consolidated Appropriations Act, 2020. In accordance with the Further Consolidated Appropriations Act, 2020, 5 CFR 841.403 must list members of the Capitol Police covered under 5 U.S.C. 8412(d) and 5 U.S.C. 8425(c) as a separate category. All other Capitol Police, who are not members covered under 5 U.S.C. 8412(d) and 5 U.S.C. 8425(c), will fall under the new category of “other Congressional employees.” OPM received no written comments on the proposed rule published July 2, 2020 (85 FR 39851). Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with economically significant effects of $100 million or more in any one year. This rule was not designated as a “significant regulatory action,” under Executive Order 12866. Reducing Regulation and Controlling Regulatory Costs This rule is not an E.O. 13771 regulatory action because this rule is related to agency organization, management, or personnel. Regulatory Flexibility Act The Office of Personnel Management certifies that this rule will not have a significant economic impact on a substantial number of small entities. Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments. Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a “rule” as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. Paperwork Reduction Act Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget

(OMB)Control Number. This rule involves an OMB approved collection of information subject to the PRA Application for Death Benefits (FERS)/Documentation and Elections in Support of Application for Death Benefits when Deceased was an Employee at the Time of Death (FERS), 3206-0172. The public reporting burden for this collection is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The total burden hour estimate for this form is 16,751 hours. The systems of record notice for this collection is: OPM SORN CENTRAL-1-Civil Service Retirement and Insurance Records. List of Subjects in 5 CFR Part 841 Administrative practice and procedure, Air traffic controllers, Claims, Disability benefits, Firefighters, Government employees, Income taxes, Intergovernmental relations, Law enforcement officers, Pensions, Retirement. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. For the reasons stated in the preamble, the Office of Personnel Management amends 5 CFR part 841 as follows: PART 841—FEDERAL EMPLOYEES RETIREMENT SYSTEM—GENERAL ADMINISTRATION 1. The authority citation for part 841 continues to read as follows: Authority: 5 U.S.C. 8461; Sec. 841.108 also issued under 5 U.S.C. 552a; Secs. 841.110 and 841.111 also issued under 5 U.S.C. 8470(a); subpart D also issued under 5 U.S.C. 8423; Sec. 841.504 also issued under 5 U.S.C. 8422; Sec. 841.507 also issued under section 505 of Pub. L. 99-335; subpart J also issued under 5 U.S.C. 8469; Sec. 841.506 also issued under 5 U.S.C. 7701(b)(2); Sec. 841.508 also issued under section 505 of Pub. L. 99-335; Sec. 841.604 also issued under Title II, Pub. L. 106-265, 114 Stat. 780. 2. Amend § 841.403 by revising paragraph (b), redesignating paragraphs

(c)through

(h)as paragraphs

(d)through (i), and adding new paragraph

(c)to read as follows: § 841.403 Categories of employees for computation of normal cost percentages.

(b)Capitol Police covered under 5 U.S.C. 8412(d) and 5 U.S.C. 8425(c);

(c)Other Congressional employees; [FR Doc. 2020-20783 Filed 9-21-20; 8:45 am]

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