Unknown. Notice, 65875-65876 2020-22936 National Drug National Drug Control Policy Office RULES Freedom of Information Act, 65694-65704 2020-20270 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The National Institute of Mental Health Data Archive, 65855-65856 2020-22932 Meetings: National Institute of Mental Health, 65855 2020-22888 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Atlantic Highly Migratory Species; Coral and Coral Reefs of the Gulf of Mexico; Amendment 9, 65740-65749 2020-21298 NOTICES Endangered and Threatened Species: Draft Recovery Plan and Draft Recovery Implementation Strategy for the Main Hawaiian Islands Insular False Killer Whale Distinct Population Segment; Initiation of 5-Year Review, 65791-65793 2020-22950 National Park National Park Service NOTICES Inventory Completion: University of California Berkeley, Berkeley, CA, 65870-65873 2020-22918 2020-22919 Repatriation of Cultural Items: Portland Art Museum, Portland, OR, 65871-65872 2020-22921 University of California Berkeley, Berkeley, CA, 65869-65870 2020-22920 Nuclear Regulatory Nuclear Regulatory Commission RULES Miscellaneous Corrections, 65656-65666 2020-21148 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Travel Voucher, 65879-65880 2020-22896 Issuance of Multiple Exemptions in Response to COVID-19 Public Health Emergency, 65880-65882 2020-22970 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Powered Industrial Trucks Standard, 65876-65878 2020-22884 Ocean Energy Management Ocean Energy Management Bureau PROPOSED RULES Risk Management, Financial Assurance and Loss Prevention, 65904-65937 2020-20827 Personnel Personnel Management Office RULES Guidance Procedures, 65651-65653 2020-21393 Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions, 65940-65988 2020-20427 Presidential Documents Presidential Documents PROCLAMATIONS Crystalline Silicon Photovoltaic Cells; Facilitating Positive Adjustment to Competition From Imports (Proc
4,823 words·~22 min read·
/register/2020/10/16/2020-21393A 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-2020-10-16.xml --- 85 201 Friday, October 16, 2020 Contents Agency Agency for International Development RULES Acquisition Regulation: Leave and Holidays for Personal Services Contractors, Including Family and Medical Leave, 65734-65740 2020-19117 Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Domestic Hemp Production Program, 65788-65789 2020-22924 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments;
Availability, etc.: Cotton Genetically Engineered for Insect Resistance, 65789-65790 2020-22917 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement PROPOSED RULES Risk Management, Financial Assurance and Loss Prevention, 65904-65937 2020-20827 Centers Disease Centers for Disease Control and Prevention NOTICES Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists, 65806-65812 2020-22978 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:
Alternative Payment Model Incentive Payment Advisory for Clinicians' Request for Current Billing Information for Qualifying Alternative Payment Model Participants; Correction, 65732 2020-22889 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65814-65815 2020-22892 Medicare and Medicaid Programs: Application from DNV-GL Healthcare USA, Inc. for Continued Approval of its Critical Access Hospital Accreditation Program, 65812-65814 2020-22883 Meetings:
Medicare Program; Town Hall Meeting on the FY 2022 Applications for New Medical Services and Technologies Add-On Payments, 65815-65817 2020-22894 Children Children and Families Administration RULES Head Start Designation Renewal System, 65733 2020-22960 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;
Additions and Deletions, 65793-65794 2020-22922 Comptroller Comptroller of the Currency RULES Real Estate Appraisals, 65666-65672 2020-21563 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements; Correction, 65733 2020-22753 Treatment of Certain Items as Commercial Items; Correction, 65733-65734 2020-22752 PROPOSED RULES Defense Federal Acquisition Regulation Supplement:
Source Restrictions on Auxiliary Ship Component; Correction, 65787 2020-22754 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Meetings: Board of Regents, Uniformed Services University of the Health Sciences, 65794-65795 2020-22959 Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces, 65794 2020-22897 Employment and Training Employment and Training Administration RULES Welfare-to-Work Grants, 65693-65694 2020-21308 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application for Blanket Authorization to Export Liquefied Natural Gas to Non-Free Trade Agreement Countries on a Short-Term Basis:
Cheniere Marketing, LLC and Corpus Christi Liquefaction, LLC, 65795-65797 2020-22928 Application: Delfin LNG, LLC, 65797-65798 2020-22927 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; 2015 Ozone National Ambient Air Quality Standards Interstate Transport Requirements, 65722-65727 2020-21329 Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standards Second Maintenance Plan for the Franklin County Area, 65727-65729 2020-21228 Pennsylvania;
Reasonably Available Control Technology Determinations for Case-by-Case Sources Under the 1997 and 2008 8-Hour Ozone National Ambient Air Quality Standards, 65706-65722 2020-21139 Pesticide Tolerance for Emergency Exemptions: Methyl Bromide, 65729-65732 2020-21199 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Infrastructure Requirements for Ozone, 65755-65774 2020-22061 Significant New Use Rules on Certain Chemical Substances, 65782-65787 2020-20058 Standards of Performance for Volatile Organic Liquid Storage Vessels Construction, Reconstruction, or Modification, 65774-65782 2020-22568 NOTICES Environmental Impact Statements;
Availability, etc., 65800 2020-22931 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Coeur D'Alene, ID, 65677-65678 2020-22906 Airworthiness Directives: Airbus SAS Airplanes, 65674-65677 2020-22793 ATR-GIE Avions de Transport Regional Airplanes, 65672-65674 2020-22792 Prohibition Against Certain Flights in Specified Areas of the Simferopol and Dnipropetrovsk Flight Information Regions, 65678-65686 2020-22041 Prohibition Against Certain Flights in the Baghdad Flight Information Region
(FIR)(ORBB), 65686-65693 2020-23047 Federal Deposit Federal Deposit Insurance Corporation RULES Real Estate Appraisals, 65666-65672 2020-21563 NOTICES Meetings; Sunshine Act, 65800 2020-23119 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65799-65800 2020-22933 Filing: East Texas Electric Cooperative, Inc., 65798-65799 2020-22934 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 65800-65801 2020-23039 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: Small Business in Transportation Coalition, 65896-65898 2020-22890 Transparency in Property Broker Transactions: Owner-Operator Independent Drivers Association, Small Business in Transportation Coalition Petitions for Rulemaking;, 65898-65899 2020-22903 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65899-65900 2020-22738 Federal Reserve Federal Reserve System RULES Real Estate Appraisals, 65666-65672 2020-21563 Federal Trade Federal Trade Commission NOTICES Early Termination of the Waiting Period Under the Premerger Notification Rules, 65801-65806 2020-22942 2020-22943 2020-22944 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements; Availability, etc.: Expansion of Light Rail Transit Service From Glassboro, NJ to Camden, NJ, 65900-65901 2020-22949 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Recovery Permit Applications, 65859-65860 2020-22965 Enhancement of Survival Permit Applications: Template Safe Harbor Agreement for the Columbia Basin Pygmy Rabbit; Douglas County, WA, 65866-65868 2020-22966 Environmental Impact Statements; Availability, etc.: Thurston County Habitat Conservation Plan in Thurston County, WA, 65861-65866 2020-22963 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Irradiation in the Production, Processing, and Handling of Food, 65825-65827 2020-22939 Premarket Notification for a New Dietary Ingredient, 65830-65832 2020-22930 Electronic Common Technical Document: Data Standards, 65827-65828 2020-22971 Guidance: Coronavirus Disease 2019 (COVID-19), 65820-65824 2020-22968 Testing for Biotin Interference in In Vitro Diagnostic Devices, 65817-65819 2020-22926 Listing of Patent Information in the Orange Book, 65819-65820 2020-22969 Quality Management Maturity for Active Pharmaceutical Ingredients Pilot Program for Foreign Facilities, 65828-65830 2020-22977 Quality Management Maturity for Finished Dosage Forms Pilot Program for Domestic Drug Product Manufacturers, 65824-65825 2020-22976 Requests for Nominations: Public Advisory Panels of the Medical Devices Advisory Committee, 65832-65833 2020-22911 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: PPC Broadband, Inc., Foreign-Trade Zone 90, Syracuse, NY, 65790-65791 2020-22954 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ferrous Metals Surveys, 65868 2020-22905 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 Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Practitioner Data Bank for Adverse Information on Physicians and Other Health Care Practitioners, 65834-65837 2020-22953 Survey of Eligible Users of the National Practitioner Data Bank, 65833-65834 2020-22964 Homeland Homeland Security Department See U.S. Citizenship and Immigration Services RULES Ratification of Department Actions, 65653-65656 2020-23067 NOTICES Senior Executive Service: Performance Review Board, 65856-65858 2020-22923 Indian Affairs Indian Affairs Bureau RULES Indian Child Protection and Family Violence Prevention: Minimum Standards of Character, 65704-65706 2020-21535 NOTICES Environmental Impact Statements; Availability, etc.: Osage County, OK, 65869 2020-22783 Indian Health Indian Health Service NOTICES Community Opioid Intervention Pilot Projects, 65845-65855 2020-22941 Competing Supplement: Urban Indian Education and Research Program, 65837-65845 2020-22940 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Reopening Archives, Libraries, and Museums Project, 65878-65879 2020-22957 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See National Park Service See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Determination of Sales At Less Than Fair Value: Passenger Vehicle and Light Truck Tires From the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam, 65791 2020-22958 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Steel Concrete Reinforcing Bar From Mexico and Turkey, 65873 2020-22898 Justice Department Justice Department See Justice Programs Office Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2020 Law Enforcement Administrative and Management Statistics Survey, 65873-65874 2020-22452 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Claim for Continuance of Compensation, 65875 2020-22935 Longshore and Harbor Workers' Compensation Act Pre-Hearing Statement, 65874-65875 2020-22937 Rock Burst Control Plan, (Pertains to Underground Metal/ Nonmetal Mines) ACTION: Notice, 65875-65876 2020-22936 National Drug National Drug Control Policy Office RULES Freedom of Information Act, 65694-65704 2020-20270 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The National Institute of Mental Health Data Archive, 65855-65856 2020-22932 Meetings: National Institute of Mental Health, 65855 2020-22888 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Atlantic Highly Migratory Species; Coral and Coral Reefs of the Gulf of Mexico; Amendment 9, 65740-65749 2020-21298 NOTICES Endangered and Threatened Species: Draft Recovery Plan and Draft Recovery Implementation Strategy for the Main Hawaiian Islands Insular False Killer Whale Distinct Population Segment; Initiation of 5-Year Review, 65791-65793 2020-22950 National Park National Park Service NOTICES Inventory Completion: University of California Berkeley, Berkeley, CA, 65870-65873 2020-22918 2020-22919 Repatriation of Cultural Items: Portland Art Museum, Portland, OR, 65871-65872 2020-22921 University of California Berkeley, Berkeley, CA, 65869-65870 2020-22920 Nuclear Regulatory Nuclear Regulatory Commission RULES Miscellaneous Corrections, 65656-65666 2020-21148 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Travel Voucher, 65879-65880 2020-22896 Issuance of Multiple Exemptions in Response to COVID-19 Public Health Emergency, 65880-65882 2020-22970 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Powered Industrial Trucks Standard, 65876-65878 2020-22884 Ocean Energy Management Ocean Energy Management Bureau PROPOSED RULES Risk Management, Financial Assurance and Loss Prevention, 65904-65937 2020-20827 Personnel Personnel Management Office RULES Guidance Procedures, 65651-65653 2020-21393 Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions, 65940-65988 2020-20427 Presidential Documents Presidential Documents PROCLAMATIONS Crystalline Silicon Photovoltaic Cells; Facilitating Positive Adjustment to Competition From Imports (Proc. 10101), 65639-65642 2020-23108 Special Observances: Columbus Day (Proc. 10100), 65637-65638 2020-23107 General Pulaski Memorial Day (Proc. 10099), 65635-65636 2020-23105 National School Lunch Week (Proc. 10098), 65633-65634 2020-23102 EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: One Trillion Trees Interagency Council; Establishment (EO 13955), 65643-65645 2020-23115 Water Resource Management and Water Infrastructure; Modernization Efforts (EO 13956), 65647-65650 2020-23116 Securities Securities and Exchange Commission RULES Update of Statistical Disclosures for Bank and Savings and Loan Registrants, 66108-66143 2020-20655 NOTICES Meetings; Sunshine Act, 65891 2020-23085 National Market System Plan: Consolidated Audit Trail To Enhance Data Security, 65990-66106 2020-18801 Self-Regulatory Organizations; Proposed Rule Changes: Cboe EDGX Exchange, Inc., 65884-65886 2020-22735 ICE Clear Credit, LLC, 65891-65893 2020-22739 Long-Term Stock Exchange, Inc., 65882-65884 2020-22734 NYSE Chicago, Inc., 65888-65891 2020-22736 The Options Clearing Corp., 65886-65888 2020-22740 Small Business Small Business Administration RULES Consolidation of Mentor-Protege Programs and Other Government Contracting Amendments, 66146-66199 2020-19428 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65893-65894 2020-22972 State Department State Department PROPOSED RULES Schedule of Fees for Consular Services; Documentary Services Fee, 65750-65755 2020-19926 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Improving Customer Experience, 65894-65895 2020-22961 Meetings: Defense Trade Advisory Group, 65895 2020-22902 Surface Transportation Surface Transportation Board NOTICES Exemption: Acquisition of Control; OPSEU Pension Plan Trust Fund, Jaguar Transport Holdings, LLC, and Jaguar Rail Holdings, LLC; Cimarron Valley Railroad, LC; Southwestern Railroad, Inc.; Texas and Eastern Railroad, LLC; Washington Eastern Railroad, LLC; and Wyoming and Colorado Railroad, Inc., 65896 2020-22967 Release of Waybill Data, 65895-65896 2020-22962 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration Treasury Treasury Department See Comptroller of the Currency NOTICES Meetings: Debt Management Advisory Committee, 65901 2020-22909 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Relief Under the Immigration and Nationality Act, 65858-65859 2020-22945 Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 65901-65902 2020-23018 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Restoration of Educational Assistance, 65902 2020-22929 Meetings: Advisory Committee on Cemeteries and Memorials; Amended, 65902 2020-22952 Separate Parts In This Issue Part II Interior Department, Bureau of Safety and Environmental Enforcement, 65904-65937 2020-20827 Interior Department, Ocean Energy Management Bureau, 65904-65937 2020-20827 Part III Personnel Management Office, 65940-65988 2020-20427 Part IV Securities and Exchange Commission, 65990-66106 2020-18801 Part V Securities and Exchange Commission, 66108-66143 2020-20655 Part VI Small Business Administration, 66146-66199 2020-19428 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. 85 201 Friday, October 16, 2020 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 120 RIN 3206-AO01 Guidance Procedures AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: This rule codifies the Office of Personnel Management's policies and procedures for reviewing and clearing administrative guidance documents. DATES: Effective October 16, 2020. FOR FURTHER INFORMATION CONTACT: Alexys Stanley by telephone at
(202)606-1000 or by email at *regulatory.information@opm.gov.* SUPPLEMENTARY INFORMATION: This final rule, which adds part 120 to Title 5 of the Code of Federal Regulations, is adopted pursuant to Executive Order 13891, titled: “Promoting the Rule of Law Through Improved Agency Guidance Documents” (84 FR 55235, October 9, 2019). The Executive order requires Federal agencies to finalize regulations, or amend existing regulations as necessary, to set forth processes and procedures for issuing guidance documents. This final rule also incorporates the requirements of Office of Management and Budget Memorandum M-20-02 of October 31, 2019, which implements the Executive order. Waiver of Notice of Proposed Rule Making Under the Administrative Procedure Act, an agency may waive the normal notice and comment procedures if the action is a rule of “agency organization, procedure, or practice.” *See* 5 U.S.C. 553(b)(A). The Civil Service Reform Act's additional provisions for rulemaking by OPM incorporate this exception. *See* 5 U.S.C. 1105. Since this is not a substantive rule but a rule of agency procedure, notice and comment are not necessary. Executive Order 12866 This rule is not a significant regulatory action under E.O. 12866. Executive Order 13771 This rule is not subject to the requirements of E.O. 13771 because this rule is not a significant regulatory action under E.O. 12866 and imposes only *de minimis* costs. Regulatory Flexibility Act This regulation will not have a significant economic impact on a substantial number of small entities because it will apply only to Federal agencies and employees. Federalism OPM has examined this rule in accordance with Executive Order 13132, Federalism, and has 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. Paperwork Reduction Act Requirements This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act. List of Subjects in 5 CFR Part 120 Administrative practice and procedure. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. For the reasons stated in the preamble, OPM amends title 5 of the Code of Federal Regulations by adding part 120 as follows: 1. Add part 120 to read as follows: PART 120—ADMINISTRATIVE GUIDANCE Sec. 120.1 Purpose and scope. 120.2 Definitions applicable to this part. 120.3 Requirements for clearance. 120.4 Public access to guidance documents. 120.5 Definition of significant guidance document. 120.6 Procedure for guidance documents identified as “significant”. 120.7 Notice-and-comment procedures. 120.8 Petitions to withdraw or modify guidance. 120.9 Rescinded guidance. 120.10 Exceptional circumstances. 120.11 Reports to Congress and GAO. 120.12 No judicial review or enforceable rights. Authority: 5 U.S.C. 552(a)(1); E.O. 13891, 84 FR 55235. § 120.1 Purpose and scope.
(a)This part prescribes general procedures that apply to OPM guidance documents.
(b)This part governs all OPM employees and contractors involved with all phases of issuing guidance documents.
(c)This part applies to all OPM guidance documents in effect on or after April 28, 2020. § 120.2 Definitions applicable to this part.
(a)Except as provided in paragraph
(b)of this section, the term *guidance document* means an agency statement of general applicability, intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation.
(b)The term *guidance document* does not include:
(1)Rules promulgated under 5 U.S.C. 553 (or similar statutory provisions);
(2)Rules of agency organization, procedure, or practice that are not anticipated to have substantial future effect on the behavior of regulated parties or the public;
(3)Decisions of agency adjudications;
(4)Internal executive branch legal advice or legal opinions addressed to executive branch officials;
(5)Agency statements of specific applicability, including advisory or legal opinions directed to particular parties about circumstance-specific questions ( *e.g.,* case or investigatory letters responding to complaints, warning letters), notices regarding particular locations or facilities ( *e.g.,* guidance pertaining to the use, operation, or control of a Government facility or property), and correspondence with individual persons or entities ( *e.g.,* congressional correspondence), except documents ostensibly directed to a particular party but designed to guide the conduct of the broader regulated public;
(6)Legal briefs, other filings with a court or administrative tribunal, records or communications produced in a legal proceeding, or positions taken in litigation or enforcement actions;
(7)Agency statements that do not set forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statute or regulation, including speeches and individual presentations, editorials, media interviews, press materials, or congressional testimony that do not set forth a new regulatory policy;
(8)Guidance pertaining to military or foreign affairs functions, or to a national security or homeland security function of the United States (other than guidance documents involving procurement or the import or export of non-defense articles and services), and any other guidance when application of this order, or any part of this order, would, in the judgment of the Director of OPM, undermine the national security;
(9)Any action related to a criminal investigation or prosecution, including undercover operations, or any civil enforcement action or related investigation by the Department of Justice, including any action related to a civil investigative demand under 18 U.S.C. 1968;
(10)Any investigation of misconduct by an agency employee or any disciplinary, corrective, or employment action taken against an agency employee;
(11)Grant solicitations and awards;
(12)Contract solicitations and awards;
(13)Agency documents that are not publicly disseminated, including classified information, information subject to a statutory or regulatory redisclosure restriction, privileged information, and information exempt from disclosure under the Freedom of Information Act;
(14)Purely internal agency policies or guidance directed solely to OPM employees or contractors that are not anticipated to have substantial future effect on the behavior of regulated parties or the public; and
(15)Documents that are directed solely to other agencies (or personnel of such agencies) and that are not anticipated to have substantial future effect on the behavior of regulated parties or the public, including the typical documents issued for government-wide use by OPM.
(c)*OMB* means the Office of Management and Budget.
(d)*OIRA* means the Office of Information and Regulatory Affairs of OMB. § 120.3 Requirements for clearance. Except as described in § 120.6(c), the Director of OPM may delegate any function related to the review and clearance of guidance. OPM's review and clearance of guidance shall ensure that each guidance document proposed to be issued by OPM satisfies the following requirements:
(a)The guidance document complies with all relevant statutes and regulation (including any statutory deadlines for agency action);
(b)The guidance document identifies or includes:
(1)The term “guidance” or its functional equivalent;
(2)The issuing office name;
(3)A unique identifier, including, at a minimum, the date of issuance, title of the document, and its regulatory identification number (Z-RIN) in the case of a significant guidance document;
(4)The general topic, activity, persons, and/or entities to which the guidance applies;
(5)Citations to applicable statutes and regulations;
(6)A statement noting whether the guidance is intended to revise or replace any previously issued guidance and, if so, sufficient information to identify the previously issued guidance; and
(7)A concise summary of the guidance document's content;
(c)The guidance document avoids using mandatory language, such as “shall,” “must,” “required,” or “requirement,” unless it is binding guidance by law or as incorporated in a contract, the language is describing an established statutory or regulatory requirement, or the language is addressed to agency staff or other Federal employees and will not foreclose OPM's ability to consider positions advanced by any affected private parties;
(d)The guidance document is written in plain and understandable English; and
(e)The guidance document includes the following disclaimer prominently: “The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.” When a guidance document is binding because binding guidance is authorized by law or because the guidance is incorporated into a contract, the originating office should modify this disclaimer to reflect either of those facts. § 120.4 Public access to guidance documents.
(a)OPM shall ensure all guidance documents in effect are on OPM's Web portal in a single, searchable, indexed database, available to the public.
(b)The Web portal will:
(1)Include an index with each guidance document's name, date of issuance, date of posting, and unique agency identifier; if the guidance document is a significant guidance document, its Z-RIN; the general topic and a brief (1-2 sentence) summary of the guidance document; and a hypertext link to the guidance document;
(2)Note that guidance documents lack the force and effect of law, except as authorized by law or as incorporated into a contract;
(3)Note that OPM may not cite, use, or rely on any guidance that is not posted except to establish historical facts unless OMB makes an exception for particular guidance documents or categories of guidance documents;
(4)Include a link to this part and to any **Federal Register** notice referencing the Web portal;
(5)Explain how the public can request the withdrawal or modification of an existing guidance document, including an email address where electronic requests can be submitted, a mailing address where hard copy requests can be submitted, and an office at the agency responsible for coordinating such requests; and
(6)Include the information about proposed significant guidance documents described in § 120.7. § 120.5 Definition of significant guidance document.
(a)The term significant guidance document means a guidance document that will be disseminated to regulated entities or the general public and that may reasonably be anticipated:
(1)To lead to an annual effect on the economy of $100 million or more or adversely affect in a material way the U.S. economy, a sector of the U.S. economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
(2)To create serious inconsistency or otherwise interfere with an action taken or planned by another Federal agency;
(3)To alter materially the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
(4)To raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in E.O. 12866.
(b)The term significant guidance document does not include the categories of documents excluded by § 120.2 or any other category of guidance documents exempted in writing by OPM in consultation with OIRA. § 120.6 Procedure for guidance documents identified as “significant.”
(a)OPM will make an initial, preliminary determination about a guidance document's significance. Thereafter, OPM must submit the guidance document to OIRA for its determination whether guidance is significant guidance, unless the guidance is otherwise exempted from such a determination by the Administrator of OIRA.
(b)Significant guidance documents, as determined by the Administrator of OIRA, must be reviewed by OIRA under E.O. 12866 before issuance; and must demonstrate compliance with the applicable requirements for regulations or rules, including significant regulatory actions, set forth in E.O. 12866, E.O. 13563, E.O. 13609, E.O. 13771, and E.O. 13777.
(c)Significant guidance documents must be signed by the Director of OPM. § 120.7 Notice-and-comment procedures.
(a)Except as provided in paragraph
(b)of this section, all proposed OPM guidance documents determined to be a “significant guidance document” within the meaning of § 120.5 shall be subject to the following informal notice-and-comment procedures. OPM shall publish notification in the **Federal Register** announcing that a draft of the proposed guidance document is publicly available, shall post a link to the **Federal Register** notice and the draft guidance document on its guidance portal, shall invite public comment on the draft document for a minimum of 30 days, and shall prepare and post a public response to major concerns raised in the comments, as appropriate, on its guidance Web portal, either before or when the guidance document is finalized and issued.
(b)The requirements of paragraph
(a)of this section will not apply to any significant guidance document or categories of significant guidance documents for which OPM finds good cause that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest (and incorporates the finding of good cause and a brief statement of reasons therefore in the guidance issued).
(c)Where appropriate, the originating office may recommend to the Director of OPM that a particular guidance document that is otherwise of importance to OPM's interests shall also be subject to the informal notice-and-comment procedures described in paragraph
(a)of this section. § 120.8 Petitions to withdraw or modify guidance.
(a)Any person may petition OPM to withdraw or modify a particular guidance document as specified by § 120.4(b)(5).
(b)Any person may submit a petition to OPM requesting withdrawal or modification of any effective guidance document by writing to OPM Office of the Executive Secretariat at: *OPMExecSec@opm.gov,* or U.S. Office of Personnel Management Attn: Executive Secretariat 1900 E Street NW, Washington, DC 20415.
(c)OPM will respond to all requests in a timely manner, but no later than 90 days after receipt of the request. § 120.9 Rescinded guidance.
(a)In the absence of a petition, OPM may rescind a guidance document on grounds that it is no longer accurate or necessary.
(b)If OPM rescinds a guidance document, the hyperlink to the guidance document will be removed. The name, title, unique identifier, and date of rescission will be listed on the guidance portal for at least one year after rescission.
(c)No employee of OPM may cite, use, or rely on rescinded guidance documents, except to establish historical facts, unless OMB makes an exception for particular guidance documents or categories of guidance documents. § 120.10 Exceptional circumstances.
(a)A guidance document may be exempted from the requirements of section 120.6(b) or 120.7(a) by agreement of OPM and OIRA for reasons of exigency, safety, health, or other compelling cause.
(b)In emergency situations or when OPM is required by statutory deadline or court order to act more quickly than normal review procedures allow, OPM will notify OIRA as soon as possible and, to the extent practicable, shall comply with the requirements of this part at the earliest opportunity. Wherever practicable, OPM should schedule its proceedings to permit sufficient time to comply with the procedures set forth in this part. § 120.11 Reports to Congress and GAO. When OPM adopts final guidance constituting a “rule” under 5 U.S.C. 804, OPM will submit the reports to Congress and GAO and comply with the procedures specified by 5 U.S.C. 801 (commonly known as the Congressional Review Act). § 120.12 No judicial review or enforceable rights. This part is intended to improve the internal management of OPM. As such, it is for the use of OPM personnel only and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies or other entities, its officers or employees, or any other person. [FR Doc. 2020-21393 Filed 10-15-20; 8:45 am]
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Notice, 65875-65876 2020-22936 National Drug National Drug Control Policy Office RULES Freedom of Information Act, 65694-65704 2020-20270 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The National Institute of Mental Health Data Archive, 65855-65856 2020-22932 Meetings: National Institute of Mental Health, 65855 2020-22888 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Atlantic Highly Migratory Species; Coral and Coral Reefs of the Gulf of Mexico; Amendment 9, 65740-65749 2020-21298 NOTICES Endangered and Threatened Species: Draft Recovery Plan and Draft Recovery Implementation Strategy for the Main Hawaiian Islands Insular False Killer Whale Distinct Population Segment; Initiation of 5-Year Review, 65791-65793 2020-22950 National Park National Park Service NOTICES Inventory Completion: University of California Berkeley, Berkeley, CA, 65870-65873 2020-22918 2020-22919 Repatriation of Cultural Items: Portland Art Museum, Portland, OR, 65871-65872 2020-22921 University of California Berkeley, Berkeley, CA, 65869-65870 2020-22920 Nuclear Regulatory Nuclear Regulatory Commission RULES Miscellaneous Corrections, 65656-65666 2020-21148 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Travel Voucher, 65879-65880 2020-22896 Issuance of Multiple Exemptions in Response to COVID-19 Public Health Emergency, 65880-65882 2020-22970 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Powered Industrial Trucks Standard, 65876-65878 2020-22884 Ocean Energy Management Ocean Energy Management Bureau PROPOSED RULES Risk Management, Financial Assurance and Loss Prevention, 65904-65937 2020-20827 Personnel Personnel Management Office RULES Guidance Procedures, 65651-65653 2020-21393 Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions, 65940-65988 2020-20427 Presidential Documents Presidential Documents PROCLAMATIONS Crystalline Silicon Photovoltaic Cells; Facilitating Positive Adjustment to Competition From Imports (Proc
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