Unknown. Final rule

4,466 words·~20 min read·/register/2020/10/14/2020-20091·

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-2020-10-14.xml --- 85 199 Wednesday, October 14, 2020 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65026 2020-22689 Army Army Department RULES Compliance With Court Orders by Personnel and Command Sponsored Family Members, 64966 2020-21793 Civil Rights Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 65027 2020-22700 New York Advisory Committee, 65026-65027 2020-22695 Coast Guard Coast Guard NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65065-65066 2020-22726 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Fiscal Year 2018 Service Contract Inventory, 65030-65031 2020-22673 Meetings; Sunshine Act, 65031 2020-22759 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Rights in Data and Copyrights, 65053-65054 2020-22675 Arms Sales, 65031-65033 2020-22612 Meetings: Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces, 65033-65034 2020-22609 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: Euticals Inc., 65075 2020-22692 Synthcon, LLC, 65074-65075 2020-22690 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: CARES Act Budget and Expenditure Reporting, 65034 2020-22685 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 65034-65035 2020-22772 2020-22865 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Financial Assistance Regulations: Deviation Authority, 64943-64945 2020-20091 PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Consumer Products; Early Assessment Review;

Dishwashers, 64981-64984 2020-21280 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maine; Midcoast Area and Portland Second 10-Year Limited Maintenance Plans for 1997 Ozone NAAQS, 64969-64971 2020-20831 Texas; Construction Prior to Permit Amendment Issuance, 64966-64969 2020-20391 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: North Carolina: Permits Requiring Public Participation, 65013-65015 2020-22139 Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the State College Area, 65008-65013 2020-20967 Hazardous and Solid Waste Management System:

Disposal of Coal Combustion Residuals From Electric Utilities; Legacy CCR Surface Impoundments, 65015-65020 2020-22058 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 64949-64958, 64961-64966 2020-22622 2020-22623 2020-22624 2020-22625 2020-22628 De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 64958-64961 2020-22627 PROPOSED RULES Airspace Designations and Reporting Points:

Alaska, 64998-65000 2020-22582 Airworthiness Directives: Airbus Helicopters, 64995-64997 2020-22504 Airbus SAS Airplanes, 64984-64987 2020-22680 M7 Aerospace LLC Airplanes, 64993-64995 2020-22225 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 64987-64993 2020-22665 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Helicopter Air Ambulance Operator Reports, 65133-65134 2020-22694 Submission Deadline for Schedule Information:

Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport for the Summer 2021 Scheduling Season, 65134-65136 2020-22756 Federal Communications Federal Communications Commission RULES Internet Protocol Captioned Telephone Service Compensation, 64971-64978 2020-22530 FCAH Federal Council on the Arts and the Humanities NOTICES Meetings: Arts and Artifacts Indemnity Panel Advisory Committee, 65076 2020-22655 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings:

Advisory Committee on Community Banking, 65042 2020-22648 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requests for Special Priorities Assistance, 65066-65067 2020-22650 Meetings: Pandemic Response Voluntary Agreement Under the Defense Production Act; Implementation; Correction, 65066 2020-22774 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Southern Star Central Gas Pipeline, Inc., 65039-65040 2020-22671 Combined Filings, 65035, 65038-65039, 65041 2020-22661 2020-22662 2020-22663 2020-22668 Initiation of Section 5 Proceeding:

ANR Pipeline Co.; Columbia Gas Transmission, LLC; Columbia Gulf Transmission, LLC, 65041-65042 2020-22664 Rover Pipeline, LLC, 65035-65036 2020-22660 Meetings; Sunshine Act, 65036-65038 2020-22778 Petition for Declaratory Order: Mt. Olive Solar 1, LLC, 65038 2020-22672 Request for Partial Waiver: Interrogatory on Fuel and Energy Purchase Practices, 65040-65041 2020-22669 2020-22670 Federal Maritime Federal Maritime Commission PROPOSED RULES Passenger Vessel Financial Responsibility, 65020-65025 2020-21957 NOTICES Filing:

Petition of CMA CGM S.A., American President Lines, LLC, APL Co. Pte. Ltd. and ANL Singapore Pte Ltd for a Temporary Exemption From Standard Tariff and Service Contract Filing Requirements, 65043-65044 2020-22722 Vessel-Operating Common Carrier Definition and Application of the Term Merchant in Bills of Lading, 65042-65043 2020-22602 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65044-65052 2020-22683 2020-22684 2020-22686 2020-22687 2020-22720 2020-22721 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 65050 2020-22696 2020-22697 Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities, 65047 2020-22698 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings, 65052 2020-22613 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 65137-65139 2020-22723 2020-22724 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:

Tesla, Inc., Foreign-Trade Zone 126, Reno, NV, 65027 2020-22699 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rights in Data and Copyrights, 65053-65054 2020-22675 Environmental Impact Statements; Availability, etc.: Expansion and Modernization of the San Luis I Land Port of Entry, San Luis, AZ, 65052-65053 2020-22592 Health and Human Health and Human Services Department See Indian Health Service See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65054 2020-22703 Performance Review Board Members, 65054-65055 2020-22551 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Affairs Indian Affairs Bureau PROPOSED RULES Use of Bureau-Operated Schools by Third Parties Under Lease Agreements and Fundraising Activity by Bureau-Operated School Personnel, 65000-65008 2020-21536 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Enterprise License Agreement GIS Software User Information Collection, 65067 2020-22682 Land Acquisitions: Chickasaw Nation, 65067-65070 2020-22666 2020-22667 Indian Health Indian Health Service NOTICES Purchased/Referred Care Delivery Area Redesignation: Minnesota Chippewa Tribe, Minnesota, Mille Lacs Band of Ojibwe, 65055-65062 2020-22719 Senior Executive Service: Performance Review Board, 65062 2020-22728 Industry Industry and Security Bureau NOTICES Meetings: Sensors and Instrumentation Technical Advisory Committee, 65028 2020-22691 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Utility Scale Wind Towers From India, Malaysia, and Spain, 65028-65029 2020-22681 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Thermal Paper From Germany, Japan, Korea, and Spain, 65073-65074 2020-22658 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Veterans Employment and Training Service Land Land Management Bureau NOTICES Requests for Nominations:

Resource Advisory Councils, 65072-65073 2020-22702 Site-Specific Advisory Councils, 65070-65072 2020-22701 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Rights in Data and Copyrights, 65053-65054 2020-22675 National Credit National Credit Union Administration RULES Real Estate Appraisals, 64945-64949 2020-20928 NOTICES Meetings; Sunshine Act, 65076 2020-22748 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings:

Humanities Panel, 65076-65077 2020-22657 National Foundation National Foundation on the Arts and the Humanities See Federal Council on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration NOTICES Denial of Motor Vehicle Defect Petition, 65136-65137 2020-22674 National Institute National Institute of Standards and Technology NOTICES Meetings: Judges Panel of the Malcolm Baldrige National Quality Award, 65029 2020-22621 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 65063-65065 2020-22644 2020-22652 2020-22653 National Center for Complementary and Integrative Health, 65063 2020-22593 National Institute of Diabetes and Digestive and Kidney Diseases, 65062 2020-22643 National Labor National Labor Relations Board NOTICES Appointments of Individuals To Serve as Members of Performance Review Boards, 65077 2020-22679 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Snapper-Grouper Fishery of the South Atlantic Region; Regulatory Amendment 33, 64978-64980 2020-20882 NOTICES Application for Permits: Endangered Species; File Nos. 24016 and 24020, 65030 2020-22615 Marine Mammals; File No. 21045, 65029-65030 2020-22616 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 65073 2020-22651 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65078-65079 2020-22626 Meetings; Sunshine Act, 65077-65078 2020-22847 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nondiscrimination in Federally Assisted Programs or Activities Receiving Assistance, 65080-65081 2020-22610 Development of Strategic Plan for Fiscal Years 2022 through 2026, 65080 2020-22638 Meetings; Sunshine Act, 65079 2020-22737 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Pipeline Safety:

Class Location Change Requirements, 65142-65178 2020-19872 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 65082 2020-22656 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Birthday of Founding Father Caesar Rodney (Proc. 10096), 65179-65183 2020-22907 Leif Erikson Day (Proc. 10097), 65185-65186 2020-22908 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Cboe Exchange, Inc., 65130-65132 2020-22713 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 65093-65095, 65103-65105 2020-22704 2020-22705 Cboe BZX Exchange, Inc., 65119-65121, 65124-65127 2020-22706 2020-22709 Cboe EDGA Exchange, Inc., 65085-65087 2020-22710 Cboe Exchange, Inc., 65099-65100 2020-22629 Financial Industry Regulatory Authority, Inc., 65095-65099, 65113 2020-22636 2020-22712 Investors Exchange, LLC, 65127-65129 2020-22711 Long-Term Stock Exchange, Inc., 65114-65116 2020-22708 MIAX PEARL, LLC, 65105-65107 2020-22707 New York Stock Exchange, LLC, 65090-65093, 65107-65110 2020-22631 2020-22715 NYSE American, LLC, 65100-65103 2020-22716 NYSE Arca, Inc., 65082-65085, 65110-65113 2020-22632 2020-22717 NYSE National, Inc., 65087-65090, 65116-65119, 65121-65124 2020-22637 2020-22714 2020-22718 Surface Transportation Surface Transportation Board NOTICES Exemption:

Acquisition and Operation; Grafton and Upton Railroad Co.; CSX Transportation, Inc., 65132 2020-22654 Continuance in Control; Watco Holdings, Inc.; Elwood Joliet and Southern Railroad, LLC, 65132-65133 2020-22688 Lease and Operation; Elwood Joliet and Southern Railroad, L.L.C.; Wisconsin Central Ltd., 65133 2020-22693 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Designation of Financial Market Utilities, 65139-65140 2020-22677 Veterans Employment Veterans Employment and Training Service NOTICES Meetings: Advisory Committee on Veterans' Employment, Training and Employer Outreach, 65075-65076 2020-22588 Separate Parts In This Issue Part II Transportation Department, Pipeline and Hazardous Materials Safety Administration, 65142-65178 2020-19872 Part III Presidential Documents, 65179-65183, 65185-65186 2020-22907 2020-22908 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. 85 199 Wednesday, October 14, 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:

Final rule. SUMMARY: The Department of Energy

(DOE)is adopting the interim final rule published on June 1, 2020 as final, without change. This final rule amends 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: This rulemaking is effective on October 14, 2020. 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 and Summary of the Final Rule II. 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. Review Under the Administrative Procedure Act M. Congressional Notification N. Approval by the Office of the Secretary of Energy I. Background and Summary of the Final Rule This final rule amends 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. The Department of Energy

(DOE)published an interim final rule making the same amendments finalized in this final rule, and provided an opportunity for public comment, on June 1, 2020, 85 FR 32977. DOE received no public comments on the interim final rule. In this final rule, DOE adopts the interim final rule as final, without change. This final rule reinstates 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). This final rule reinstates deviation authority that was originally in 10 CFR 600.4 to give DOE/NNSA authority to approve a deviation when the conditions above have been met and as authorized by the designated officials. II. 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 final rule is consistent with the directives set forth in these Executive orders. This 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 final rule. D. Review Under the Paperwork Reduction Act This final rule imposes no new information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 3506; 5 CFR part 1320 Appendix A.1) (PRA). DOE's associated information collection has been approved under OMB Control No. 1910-4100. E. Review Under the National Environmental Policy Act DOE has determined that this final rule is covered under the Categorical Exclusion found in DOE's National Environmental Policy Act (42 U.S.C. 4321 *et seq.* )(NEPA) 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 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 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 (Public Law 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 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 final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. L. Review Under the Administrative Procedure Act In accordance with 5 U.S.C. 553(b), the Administrative Procedure Act, DOE generally publishes a proposed rule and solicits public comment on it before issuing the rule in final. DOE also generally provides at least a 30-day delay in effective date for final rules pursuant to 5 U.S.C. 553(d). 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, published this rule as an interim final rule on June 1, 2020 and allowed for public comments sixty

(60)days after date of publication in the **Federal Register** . DOE received no comments in response to its publication of the interim final rule. DOE is waiving the 30-day delay in effective date pursuant to 5 U.S.C. 553(a)(2). M. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this final rule prior to its effective date. The report will state that it has been determined that this final rule is not a “major rule” as defined by 5 U.S.C. 801(2). N. Approval by the Office of the Secretary of Energy The Secretary of Energy has approved publication of this final rule. 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 August 28, 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 September 8, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. Accordingly, the interim rule amending Chapter 9 of Title 2 of the Code of Federal Regulations which was published at 85 FR 32977 on June 1, 2020, is adopted as final without change. [FR Doc. 2020-20091 Filed 10-13-20; 8:45 am]

Connectionstraces to 12

Traces to 12 documents