79020 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 

1 77 FR 16651 (Mar. 22, 2012). 

2 85 FR 18403 (Apr. 1, 2020). 

3The original comment period was extended to 

allow commentators additional time to respond. 

FEMA posted notices of extension to 

www.regulations.gov under the Docket ID for this 

notice, FEMA–2020–0016. 

4Available on www.regulations.gov under the 

Docket ID for this notice. 

Federal Emergency Management 

Agency, 202–856–2202, fema-prepare@

fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed information collection 

previously published in the Federal 

Register on July 10, 2020, at 85 FR 

41622 with a 60 day public comment 

period. No comments were received. 

The purpose of this notice is to notify 

the public that FEMA will submit the 

information collection abstracted below 

to the Office of Management and Budget 

for review and clearance. 

Collection of Information 

Title: Individual & Community 

Preparedness Division (ICPD) Youth 

Preparedness Council (YPC) 

Application Form. 

Type of information collection: 

Revision of a currently approved 

information collection. 

OMB Number: 1660–0144. 

Form Titles and Numbers: FEMA 

Form 008–0–0–24. Title: Individual & 

Community Preparedness Division 

(ICPD) Youth Preparedness Council 

(YPC) Application Form. 

Abstract: This application form is 

used to select interested council 

members based on dedication to public 

service, efforts in making a difference in 

their community, and potential for 

expanding their impact as a national 

advocate for youth preparedness. 

Affected Public: Individuals or 

households, State, local or Tribal 

government. 

Estimated Number of Respondents: 

200. 

Estimated Number of Responses: 200. 

Estimated Total Annual Burden 

Hours: 283. 

Estimated Total Annual Respondent 

Cost: $2,997. 

Estimated Respondents’ Operation 

and Maintenance Costs: $0. 

Estimated Respondents’ Capital and 

Start-Up Costs: $72,796. 

Comments 

Comments may be submitted as 

indicated in the ADDRESSES caption 

above. Comments are solicited to (a) 

evaluate whether the proposed data 

collection is necessary for the proper 

performance of the agency, including 

whether the information shall have 

practical utility; (b) evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(c) enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Maile Arthur, 

Acting Records Management Branch Chief, 

Office of the Chief Administrative Officer, 

Mission Support, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. 2020–26909 Filed 12–7–20; 8:45 am] 

BILLING CODE 9111–27–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2020–0016] 

Plan of Action To Establish a National 

Strategy for the Manufacture, 

Allocation, and Distribution of 

Personal Protective Equipment (PPE) 

To Respond to COVID–19; 

Implemented Under the Voluntary 

Agreement for the Manufacture and 

Distribution of Critical Healthcare 

Resources Necessary To Respond to a 

Pandemic 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) 

announces the activation of a Plan of 

Action to establish a National Strategy 

for the manufacture, allocation, and 

distribution of Personal Protective 

Equipment (PPE) to respond to COVID– 

19 implemented under the Voluntary 

Agreement for the manufacture and 

distribution of critical healthcare 

resources necessary to respond to a 

pandemic. This Notice contains the text 

of the Plan of Action. 

FOR FURTHER INFORMATION CONTACT: 

Robert Glenn, Office of Business, 

Industry, Infrastructure Integration, 

Federal Emergency Management 

Agency, (202) 212–1666, and email 

OB3I@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Authority 

Section 708 of the Defense Production 

Act (DPA), 50 U.S.C. 4558, allows the 

President to provide for the formation of 

voluntary agreements and plans of 

action by the private sector to help 

provide for the national defense. This 

authority was delegated to the Secretary 

of Homeland Security generally in 

section 401 of Executive Order 13603,1

‘‘National Defense Resources 

Preparedness,’’ and specifically for 

response to COVID–19 in section 3 of 

Executive Order 13911,2 ‘‘Delegating 

Additional Authority Under the Defense 

Production Act With Respect to Health 

and Medical Resources To Respond to 

the Spread of COVID–19.’’ The 

Secretary of Homeland Security has 

delegated these authorities to the FEMA 

Administrator in Department of 

Homeland Security (DHS) Delegation 

09052 Rev. 00, ‘‘Delegation of Defense 

Production Act Authority to the 

Administrator of the Federal Emergency 

Management Agency,’’ (Jan. 3, 2017), 

and DHS Delegation 09052 Rev. 00.1, 

‘‘Delegation of Defense Production Act 

Authority to the Administrator of the 

Federal Emergency Management 

Agency’’ (Apr. 1, 2020), respectively. 

Background 

FEMA sought and received approval 

from the Attorney General, after 

consultation with the Federal Trade 

Commission (FTC), to begin 

consultation with the private sector, as 

required by Section 708(c)(2). Pursuant 

to that approval, on May 12, 2020, 

FEMA posted an announcement of a 

public meeting and request for 

comments to develop a Voluntary 

Agreement in the Federal Register (85 

FR 28031). FEMA held a public meeting 

on May 21, 2020, and accepted public 

comments until June 5, 2020.3 FEMA 

received 34 public comments and 

considered these comments when 

preparing the Voluntary Agreement.4

The Attorney General, in consultation 

with the Chairman of the Federal Trade 

Commission, made the required finding 

that the purpose of the Voluntary 

Agreement may not reasonably be 

achieved through an agreement having 

less anticompetitive effect or without 

any Voluntary Agreement. Pursuant to 

Sec. 708(f)(1)(B) of the DPA, the 

Department of Justice separately 

published this finding in the Federal 

Register on August 17, 2020 as a notice 

(85 FR 50049). The FEMA 

Administrator, as the Sponsor of the 

agreement, certified in writing that the 

agreement was necessary to help 

provide for the national defense. FEMA 

provided notice of the formation and the 


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text of the Voluntary Agreement in the 

Federal Register on August 17, 2020 (85 

FR 50035). 

On October 13, 2020, FEMA held a 

virtual meeting to implement the 

Voluntary Agreement for the 

Manufacture and Distribution of Critical 

Healthcare Resources Necessary to 

Respond to a Pandemic (see 85 FR 

63567). A portion of the meeting was 

open to the public. One objective of this 

meeting was to discuss the activation of 

the first Plan of Action under the 

Voluntary Agreement to identify more 

efficient methods of allocating and 

distributing Personal Protective 

Equipment to meet national demand 

and ways of expanding the production 

of critical healthcare resources, with an 

initial focus on the manufacture of N95 

masks. From this meeting, FEMA 

incorporated public comments and 

feedback from the U.S. Department of 

Justice and the Federal Trade 

Commission to develop the Plan of 

Action. 

The Attorney General, in consultation 

with the Chairman of the Federal Trade 

Commission, made the required finding 

that the purposes of section 708(c)(1) of 

the DPA cannot reasonably be achieved 

without any Plan of Action, or by a plan 

of action having less anticompetitive 

effects than the proposed Plan of 

Action. Pursuant to section 708(f)(1)(B) 

of the DPA, the Department of Justice is 

separately publishing this finding in the 

Federal Register as a notice. The FEMA 

Administrator has certified in writing 

that this Plan of Action is necessary to 

help provide for the national defense. 

Text of the Plan of Action to Establish 

a National Strategy for the manufacture, 

allocation, and distribution of Personal 

Protective Equipment (PPE) to respond 

to COVID–19 implemented under the 

voluntary agreement for the 

MANUFACTURE AND DISTRIBUTION 

OF CRITICAL HEALTHCARE 

RESOURCES NECESSARY TO 

RESPOND TO A PANDEMIC 

Table of Contents 

Preface 

I. Purpose 

II. Authorities 

III. General Provisions 

A. Definitions 

B. Plan of Action Participation 

C. Effective Date and Duration of 

Participation 

D. Withdrawal 

E. Plan of Action Activation and 

Deactivation 

F. Rules and Regulations 

G. Modification and Amendment 

H. Expenses 

I. Record Keeping 

IV. Antitrust Defense 

V. Terms and Conditions 

A. Plan of Action Execution 

B. Information Management and 

Responsibilities 

C. Oversight 

VI. Establishment of the Sub-Committees 

VII. Application and Agreement 

VIII. Assignment 

Preface 

Pursuant to section 708 of the Defense 

Production Act of 1950 (DPA), as 

amended (50 U.S.C. 4558), the Federal 

Emergency Management Agency 

(FEMA) Administrator (Administrator), 

after consultation with the Secretary of 

the Department of Health and Human 

Services (HHS), the Attorney General of 

the United States (Attorney General), 

and the Chairman of the Federal Trade 

Commission (FTC), developed a 

Voluntary Agreement for the 

Manufacture and Distribution of Critical 

Healthcare Resources Necessary to 

Respond to a Pandemic (Voluntary 

Agreement), 85 FR 50035 (August 17, 

2020). The Voluntary Agreement, which 

operates through a series of Plans of 

Action, maximizes the manufacture and 

efficient distribution of Critical 

Healthcare Resources nationwide to 

respond to a pandemic by establishing 

unity of effort between Participants and 

the Federal Government for integrated 

coordination, planning, information 

sharing with FEMA, as authorized by 

FEMA, and allocation and distribution 

of Critical Healthcare Resources. 

This document establishes a Plan of 

Action (Plan) for the Manufacture, 

Allocation, and Distribution of Personal 

Protective Equipment (PPE) to Respond 

to COVID–19. This Plan will be 

implemented under the Voluntary 

Agreement by several Sub-Committees: 

(1) Sub-Committee to Define COVID– 

19 PPE Requirements, 

(2) Sub-Committee for N–95 and other 

Medical Respirators, 

(3) Sub-Committee for Gloves, 

(4) Sub-Committee for Gowns, and 

(5) Sub-Committee for Eye and Facial 

Coverings. 

FEMA may establish additional SubCommittees under this Plan of Action, 

so long as: 

(1) The Sub-Committee addresses one 

specific and well-defined category of 

PPE; and 

(2) The Sub-Committee is 

recommended by the Sub-Committee to 

Define COVID–19 PPE Requirements. 

The purpose of the Plan and the SubCommittees is to maximize the 

manufacture and efficient distribution 

of selected types of critical PPE and 

create a prioritization protocol for EndUsers based upon their demonstrated or 

projected requirements including 

geographic and regional circumstances. 

The primary goal of the Plan is to create 

a mechanism to immediately meet 

exigent PPE requests anywhere in the 

Nation and to ensure that actions to 

support PPE stockpiling and reserves do 

not interfere with immediate 

requirements that would result in an 

unacceptable risk to healthcare 

providers or other potential PPE 

recipients. When the requirements of 

the Plan are met, it affords SubCommittee Participants defenses to civil 

and criminal actions brought under the 

antitrust laws (or any similar law of any 

state) for actions taken within the scope 

of the Plan. The Plan is designed to 

foster a close working relationship 

among FEMA, HHS, and Sub-Committee 

Participants to address national defense 

needs through cooperative action under 

the direction and active supervision of 

FEMA. 

I. Purpose 

A pandemic may present conditions 

that pose a direct threat to the national 

defense of the United States or its 

preparedness programs such that, 

pursuant to DPA section 708(c)(1), an 

agreement to collectively coordinate, 

plan, and collaborate for the 

manufacture and distribution of PPE is 

necessary for the national defense. This 

Plan of Action to Establish a National 

Strategy for the Manufacture, 

Allocation, and Distribution of Personal 

Protective Equipment (PPE) to Respond 

to COVID–19 is established under the 

Voluntary Agreement and establishes 

five Sub-Committees to oversee and 

implement the Plan. The Plan and SubCommittees will optimize the 

manufacture and the efficient 

distribution of selected types of critical 

PPE and create a prioritization protocol 

for End-Users based upon their 

demonstrated or projected requirements 

and taking into account geographic and 

regional circumstances for stabilization 

and reduction of COVID–19 exposure. 

II. Authorities 

Section 708, Defense Production Act 

(50 U.S.C. 4558); sections 402(2) & 

501(b), Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 

U.S.C. 5121–5207); sections 503(b)(2)(B) 

& 504(a)(10) & (16) of the Homeland 

Security Act of 2002 (6 U.S.C. 

313(b)(2)(B), 314(a)(10) & (16)); sections 

201, 301, National Emergencies Act (50 

U.S.C. 1601 et seq.); section 319, Public 

Health Service Act (42 U.S.C. 247d); 

Executive Order (E.O.) 13911, 85 FR 

18403 (March 27, 2020); Prioritization 

and Allocation of Certain Scarce or 

Threatened Health and Medical 

Resources for Domestic Use, 85 FR 

20195 (April 10, 2020). Pursuant to DPA 


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section 708(f)(1)(A), the Administrator 

certifies that this Plan is necessary for 

the national defense. 

III. General Provisions 

A. Definitions 

Administrator 

The FEMA Administrator is the 

Sponsor of the Voluntary Agreement. 

Pursuant to a delegation or redelegation 

of the functions given to the President 

by DPA section 708, the Administrator 

proposes and provides for the 

development and carrying out of the 

Voluntary Agreement, including 

through the development and 

implementation of Plans of Action. The 

Administrator is responsible for 

carrying out all duties and 

responsibilities required by 50 U.S.C. 

4558 and 44 CFR part 332 and for 

appointing one or more Chairpersons to 

manage and administer the Committee 

and all Sub-Committees formed to carry 

out the Voluntary Agreement. 

Agreement 

The Voluntary Agreement for the 

Manufacture and Distribution of Critical 

Healthcare Resources Necessary to 

Respond to a Pandemic (Voluntary 

Agreement). 

Allocation 

The process of determining and 

directing the relative distribution among 

one or more competing requests from 

End-Users for the same PPE. Through 

the Allocation process, FEMA—with 

participation from Sub-Committee 

Participants—will assess the actual 

needs of End-Users and determine how 

to divide the available and projected 

supply of PPE to minimize impacts to 

life, safety, and economic disruption 

associated with shortages of critical 

PPE. Allocation will take place only 

under Exigent Circumstances. FEMA 

retains decision-making authority for all 

Allocation under this Plan. 

Attendees 

Subject matter experts, invited by the 

Chairperson or a Sub-Committee 

Chairperson to attend meetings 

authorized under the Voluntary 

Agreement or this Plan of Action, to 

provide technical advice or to represent 

other government agencies or interested 

parties. Invitations to attendees will be 

extended as required for Committee or 

Sub-Committee meetings and 

deliberations. 

Chairperson 

FEMA senior executive(s), appointed 

by the Administrator, to chair the 

Committee for the Distribution of 

Healthcare Resources Necessary to 

Respond to a Pandemic (Committee). 

The Chairperson shall be responsible for 

the overall management and 

administration of the Committee, the 

Voluntary Agreement, and Plans of 

Action developed under the Voluntary 

Agreement while remaining under the 

supervision of the Administrator; shall 

initiate, or approve in advance, each 

meeting held to discuss problems, 

determine policies, recommend actions, 

and make decisions necessary to carry 

out the Voluntary Agreement; appoint 

one or more co-Chairpersons to chair 

the Committee, and otherwise shall 

carry out all duties and responsibilities 

assigned to him. With the approval of 

the Administrator, the Chairperson may 

create one or more Sub-Committees, and 

may appoint one or more SubCommittee Chairpersons to chair the 

Sub-Committees, as appropriate. 

Committee 

Committee for the Distribution of 

Healthcare Resources Necessary to 

Respond to a Pandemic established 

under the Voluntary Agreement. 

Competitively Sensitive Information 

Competitively Sensitive Information 

that is shared pursuant to this Plan of 

Action may include any Document or 

other tangible thing or oral transmission 

that contains financial, business, 

commercial, scientific, technical, 

economic, or engineering information or 

data, including, but not limited to 

• Financial statements and data, 

• customer and supplier lists, 

• price and other terms of sale to 

customers, 

• sales records, projections and 

forecasts, 

• inventory levels, 

• capacity and capacity utilization, 

• cost information, 

• sourcing and procurement 

information, 

• manufacturing and production 

information, 

• delivery and shipping information, 

• systems and data designs, and 

• methods, techniques, processes, 

procedures, programs, codes, or 

similar information, whether tangible 

or intangible, and regardless of the 

method of storage, compilation, or 

recordation, if the owner thereof has 

taken reasonable measures to protect 

the information from disclosure to the 

public or competitors. These 

measures may be evidenced by 

marking or labeling the items as 

‘‘competitively sensitive information’’ 

during submission to FEMA or in the 

Participant’s customary and existing 

treatment of such information 

(regardless of labeling). 

All Competitively Sensitive 

Information provided by a SubCommittee Participant as described 

herein is deemed Competitively 

Sensitive Information, except for 

Information that: 

a. Is published or has been made 

publicly available at the time of 

disclosure by the Sub-Committee 

Participant; 

b. was in the possession of, or was 

lawfully and readily available to, FEMA 

from another source at the time of 

disclosure without breaching any 

obligation of confidentiality applicable 

to the other source; or 

c. was independently developed or 

acquired without reference to or 

reliance upon the Sub-Committee 

Participant’s Competitively Sensitive 

Information; 

Where information deemed 

Competitively Sensitive Information is 

required to be disclosed by law, 

regulation, or court order, the 

‘‘Competitively Sensitive’’ (or 

substantially similar) label will continue 

to attach to all information and 

portion(s) of documents that are not 

made public through the required 

disclosure. 

Document 

Any information, on paper or in 

electronic/audio/visual format, 

including written, recorded, and graphic 

materials of every kind, in the 

possession, custody, or control of the 

Participant and used or shared in the 

course of participation in the Voluntary 

Agreement or a subsequent Plan of 

Action. 

End-User 

This includes all direct and ancillary 

medical support including, but not 

limited to, hospitals, independent 

healthcare providers, nursing homes, 

medical laboratories, dental care 

providers, independent physician 

offices, first responders, alternate care 

facilities and the general public that 

reasonably represents the totality of the 

nation’s professional or medical 

response to COVID–19. ‘‘End-User’’ may 

also include essential workers necessary 

to maintain or restore critical 

infrastructure operations, including but 

not limited to law enforcement, 

education, food and agriculture, energy, 

water and wastewater, and public works 

personnel. 

Exigent Circumstances 

As determined by the Chairperson, 

the actual or forecasted shortage of a 

particular type or types of PPE which 


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likely cannot be fulfilled via usual 

market mechanisms for an acute, critical 

time period, and where immediate and 

substantial harm is projected to occur 

from lack of intervention. 

Pandemic 

A Pandemic is defined as an epidemic 

that has spread to human populations 

across a large geographic area that is 

subject to one or more declarations 

under the National Emergencies Act, the 

Public Health Service Act, or the Robert 

T. Stafford Disaster Relief and 

Emergency Assistance Act, or if the 

Administrator determines that one or 

more declarations is likely to occur and 

the epidemic poses a direct threat to the 

national defense or its preparedness 

programs. For example, Coronavirus 

Disease 2019 (COVID–19). 

Participant 

An individual, partnership, 

corporation, association, or private 

organization, other than a federal 

agency, that has substantive capabilities, 

resources or expertise to carry out the 

purpose of the Voluntary Agreement, 

that has been specifically invited to 

participate in the Voluntary Agreement 

by the Chairperson, and that has applied 

and agreed to the terms of the Voluntary 

Agreement. ‘‘Participant’’ includes a 

corporate or non-corporate entity 

entering into the Voluntary Agreement 

and all subsidiaries and affiliates of that 

entity in which that entity has 50 

percent or more control either by stock 

ownership, board majority, or 

otherwise. The Administrator may 

invite Participants to join the Voluntary 

Agreement at any time during its 

effective period. 

Personal Protective Equipment (PPE) 

Objects that provide measures of 

safety protection for healthcare workers, 

first responders, critical infrastructure 

personnel and/or the general public for 

the response to the Pandemic. These 

PPE items may include, but are not 

limited to, face coverings, filtering 

facepiece respirators, face shields, 

isolation and surgical gowns, 

examination and surgical gloves, suits, 

and foot coverings. 

Plan of Action (Plan) 

This document. A documented 

method, pursuant to 50 U.S.C. 

4558(b)(2), proposed by FEMA to 

implement a particular set of activities 

under the Voluntary Agreement, 

through a Sub-Committee focused on a 

particular Critical Healthcare Resource, 

or pandemic response workstream or 

functional area necessary for the 

national defense. 

Plan of Action Agreement 

A separate commitment made by 

Participants upon invitation and 

agreement to participate in a Plan of 

Action as part of one or more SubCommittees. Completing the Plan of 

Action Agreement confers 

responsibilities on the Participant 

consistent with those articulated in the 

Plan of Action and affords Participants 

a defense against antitrust claims under 

section 708 for actions taken to develop 

or carry out the Plan of Action and the 

appropriate Sub-Committee(s), as 

described in Section IV below. 

Representatives 

The representatives the Administrator 

identifies and invites to the Committee 

from FEMA, HHS, and other federal 

agencies with equities in this Plan, and 

empowered to speak on behalf of their 

agencies’ interests. The Attorney 

General and the Chairman of the FTC, 

or their delegates, may also attend any 

meeting as a Representative. 

Sub-Committee 

A body formed by the Administrator 

from select Participants to implement a 

Plan of Action. 

Sub-Committee Chairperson 

FEMA official, appointed by the 

Chairperson, to chair a Sub-Committee 

to implement a Plan of Action. The SubCommittee Chairperson shall be 

responsible for the overall management 

and administration of the SubCommittee in furtherance of this Plan of 

Action while remaining under the 

supervision of the Administrator and 

the Chairperson. 

Sub-Committee Members 

Collectively the Sub-Committee 

Chairperson(s), Representatives, and 

Sub-Committee Participants. Jointly 

responsible developing and executing 

this Plan. 

Sub-Committee Participant 

A subset of Participants of the 

Committee, that have been specifically 

invited to participate in a SubCommittee by the Sub-Committee 

Chairperson, and that have applied and 

agreed to the terms of this Plan and 

signed the Plan of Action Agreement. 

The Sub-Committee Chairperson may 

invite Participants in the Committee to 

join a Sub-Committee as a SubCommittee Participant at any time 

during the Plan’s effective period. 

B. Plan of Action Participation 

This Plan will be carried out by a 

subset of the Participants in the 

Voluntary Agreement through several 

Sub-Committees: 

(1) Sub-Committee to Define COVID– 

19 PPE Requirements, 

(2) Sub-Committee for N–95 and other 

Medical Respirators, 

(3) Sub-Committee for Gloves, 

(4) Sub-Committee for Gowns, and 

(5) Sub-Committee for Eye and Facial 

Coverings. 

FEMA may establish additional SubCommittees under this Plan of Action, 

so long as: 

(1) The Sub-Committee addresses one 

specific and well-defined category of 

PPE; and 

(2) The Sub-Committee is 

recommended by the Sub-Committee to 

Define COVID–19 PPE Requirements. 

Each Sub-Committee will consist of 

the (1) Sub-Committee Chairperson(s), 

(2) Representatives from FEMA, HHS, 

the Department of Justice (DOJ), and 

other federal agencies with equities in 

this Plan, and (3) Sub-Committee 

Participants that have substantive 

capabilities, resources or expertise to 

carry out the purpose of this Plan and 

have signed the Plan of Action 

Agreement. The Chairperson shall invite 

Sub-Committee Participants who, in his 

or her determination, are reasonably 

representative of the appropriate 

industry or segment of such industry. 

Other Attendees—invited by the SubCommittee Chairperson as subject 

matter experts to provide technical 

advice or to represent the interests of 

other government agencies or interested 

parties—may also participate in SubCommittee meetings. The naming of 

these Sub-Committees does not commit 

the Administrator to creating them 

unless and until circumstances dictate. 

C. Effective Date and Duration of 

Participation 

This Plan is effective immediately 

upon satisfaction of the requirements of 

DPA section 708(f)(1). This Plan shall 

remain in effect until terminated in 

accordance with 44 CFR 332.4. It shall 

be effective for no more than five (5) 

years from August 17, 2020, when the 

requirements of DPA section 708(f)(1) 

were satisfied for the Voluntary 

Agreement, unless otherwise terminated 

pursuant to DPA section 708(h)(9) and 

44 CFR 332.4 or extended as set forth in 

DPA section 708(f)(2). No action may 

take place under this Plan until it is 

activated, as described in Section III(E), 

below. 

D. Withdrawal 

Participation in the Plan is voluntary, 

as is the acceptance of most obligations 

under the Plan. Sub-Committee 

Participants may withdraw from this 


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Plan or from an individual SubCommittee at any point, subject to the 

fulfillment of obligations previously 

agreed upon by the Participant prior to 

the date of withdrawal. Note that the 

obligations outlined in V.B regarding 

information management and associated 

responsibilities apply once a party has 

shared or received information through 

a Sub-Committee, and remain in place 

after the party’s withdrawal from the 

Sub-Committee or Plan. If a SubCommittee Participant indicates an 

intent to withdraw from the Plan due to 

a modification or amendment of the 

Plan (described below), the SubCommittee Participant will not be 

required to perform actions directed by 

that modification or amendment. 

Withdrawal from the Plan will 

automatically trigger withdrawal from 

all Sub-Committees; however, a 

Participant may withdraw from a SubCommittee without also withdrawing 

from the Plan or other Sub-Committees. 

To withdraw from the Plan or from an 

individual Sub-Committee, a Participant 

must provide written notice to the 

Administrator at least fifteen (15) 

calendar days prior to the effective date 

of that Sub-Committee Participant’s 

withdrawal specifying the scope of 

withdrawal. Following receipt of such 

notice, the Administrator will inform 

the other Sub-Committee Participants of 

the date and the scope of the 

withdrawal. 

Upon the effective date of the 

withdrawal from the Plan, the SubCommittee Participant must cease all 

activities under the Plan. Upon the 

effective date of the withdrawal from 

one or more Sub-Committee(s), the SubCommittee Participant must cease all 

activities under the Plan that pertain to 

the withdrawn Sub-Committee(s). 

E. Plan of Action Activation and 

Deactivation 

The Administrator, in consultation 

with the Chairperson and SubCommittee Chairperson, will invite a 

select group of Participants in the 

Voluntary Agreement to form the 

following Sub-Committees, which will 

be responsible for implementing this 

Plan: 

(1) Sub-Committee to Define COVID– 

19 PPE Requirements, 

(2) Sub-Committee for N–95 and other 

Medical Respirators, 

(3) Sub-Committee for Gloves, 

(4) Sub-Committee for Gowns, and 

(5) Sub-Committee for Eye and Facial 

Coverings. 

FEMA may establish additional SubCommittees under this Plan of Action, 

so long as: 

(1) The Sub-Committee addresses one 

specific and well-defined category of 

PPE; and 

(2) The Sub-Committee is 

recommended by the Sub-Committee to 

Define COVID–19 PPE Requirements. 

This Plan will be activated for each 

invited Participant when the Participant 

executes a Plan of Action Agreement, 

and a Participant may not participate in 

a Sub-Committee until the Plan of 

Action Agreement is executed. 

Participants will be invited to join this 

Plan at the discretion of the Chairperson 

or the Sponsor to the Voluntary 

Agreement. Participants will be further 

invited to attend specific meetings of 

one or more Sub-Committees at the 

discretion of the Chairperson. 

F. Rules and Regulations 

Sub-Committee Participants 

acknowledge and agree to comply with 

all provisions of DPA section 708, as 

amended, and regulations related 

thereto which are promulgated by 

FEMA, the Department of Homeland 

Security, HHS, the Attorney General, 

and the FTC. FEMA has promulgated 

standards and procedures pertaining to 

voluntary agreements in 44 CFR part 

332. The Administrator shall inform 

Participants of new rules and 

regulations as they are issued. 

G. Modification and Amendment 

The Administrator, after consultation 

with the Attorney General and the 

Chairman of the FTC, may terminate or 

modify, in writing, this Plan at any time. 

The Attorney General, after consultation 

with the Chairman of the FTC and the 

Administrator, may terminate or 

modify, in writing, this Plan at any time. 

Sub-Committee Participants may 

propose modifications or amendments 

to the Plan or to the Sub-Committees at 

any time. 

Where possible, material 

modifications to the Plan or a SubCommittee will be subject to a 30 

calendar day delayed implementation 

and opportunity for notice and 

comment by Sub-Committee 

Participants to the Chairperson. This 

delayed implementation period may be 

shortened or eliminated if the 

Administrator deems it necessary. The 

Administrator shall inform SubCommittee Participants of modifications 

or amendments to the Plan or to the 

Sub-Committees as they are proposed 

and issued. 

The Administrator, after consultation 

with the Attorney General and the 

Chairman of the FTC, may remove SubCommittee Participants from the Plan or 

from a Sub-Committee at any time. The 

Attorney General, after consultation 

with the Chairman of the FTC and the 

Administrator, may remove SubCommittee Participants from this Plan 

or from a Sub-Committee at any time. If 

a Participant is removed from the Plan 

or from a Sub-Committee, the 

Participant may request written notice 

of the reasons for removal from the 

Chairperson, who shall provide such 

notice in a reasonable time period. 

H. Expenses 

Participation in this Plan or in a SubCommittee does not confer funds to 

Sub-Committee Participants, nor does it 

limit or prohibit any pre-existing source 

of funds. Unless otherwise specified, all 

expenses, administrative or otherwise, 

incurred by Sub-Committee Participants 

associated with participation in this 

Plan or a Sub-Committee shall be borne 

exclusively by the Sub-Committee 

Participants. 

I. Record Keeping 

Each Sub-Committee Chairperson 

shall have primary responsibility for 

maintaining records in accordance with 

44 CFR part 332 and shall be the official 

custodian of records related to carrying 

out this Plan. Each Sub-Committee 

Participant shall maintain for five years 

all minutes of meetings, transcripts, 

records, documents, and other data, 

including any communications with 

other Sub-Committee Participants or 

with any other member of the SubCommittee, including drafts, related to 

the carrying out of this Plan or 

incorporating data or information 

received in the course of carrying out 

this Plan. Each Sub-Committee 

Participant agrees to produce to the 

Administrator, the Attorney General, 

and the Chairman of the FTC upon 

request any item that this section 

requires the Participant to maintain. 

Any record maintained in accordance 

with 44 CFR part 332 shall be available 

for public inspection and copying, 

unless exempted on the grounds 

specified in 5 U.S.C. 552(b)(1), (3) or (4) 

or identified as privileged and 

confidential information in accordance 

with DPA section 705(d), and 44 CFR 

332.5. 

IV. Antitrust Defense 

Under the provisions of DPA 

subsection 708(j), each Sub-Committee 

Participant in this Plan shall have 

available as a defense to any civil or 

criminal action brought for violation of 

the antitrust laws (or any similar law of 

any State) with respect to any action to 

develop or carry out this Plan, that such 

action was taken by the Sub-Committee 

Participant in the course of developing 

or carrying out this Plan, that the SubVerDate Sep<11>2014 17:19 Dec 07, 2020 Jkt 253001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\08DEN1.SGM 08DEN1

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Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 79025 

Committee Participant complied with 

the provisions of DPA section 708 and 

the rules promulgated thereunder, and 

that the Sub-Committee Participant 

acted in accordance with the terms of 

the Voluntary Agreement and this Plan. 

Except in the case of actions taken to 

develop this Plan, this defense shall be 

available only to the extent the SubCommittee Participant asserting the 

defense demonstrates that the action 

was specified in, or was within the 

scope of, this Plan and within the scope 

of the appropriate Sub-Committee(s), 

including being taken at the direction 

and under the active supervision of 

FEMA. 

This defense shall not apply to any 

actions taken after the termination of 

this Plan. Immediately upon 

modification of this Plan, no defense to 

antitrust claims under Section 708 shall 

be available to any subsequent action 

that is beyond the scope of the modified 

Plan. The Sub-Committee Participant 

asserting the defense bears the burden of 

proof to establish the elements of the 

defense. The defense shall not be 

available if the person against whom the 

defense is asserted shows that the action 

was taken for the purpose of violating 

the antitrust laws. 

V. Terms and Conditions 

As the sponsoring agency, FEMA will 

maintain oversight over Sub-Committee 

activities and direct and supervise 

actions taken to carry out this Plan, 

including by retaining decision-making 

authority over actions taken pursuant to 

the Plan to ensure such actions are 

necessary to address a direct threat to 

the national defense. The Attorney 

General and the Chairman of the FTC 

will monitor activities of the SubCommittees to ensure they execute their 

responsibilities in a manner consistent 

with this Plan and their actions have the 

least anticompetitive effects possible. 

A. Plan of Action Execution 

This Plan will be used to support the 

following objectives to respond to a 

Pandemic by maximizing the 

manufacture and efficient distribution 

of selected types of critical PPE and 

creating a prioritization protocol for 

End-Users based upon their 

demonstrated or projected requirements 

and taking into account geographic and 

regional circumstances. Each SubCommittee will undertake the following 

Objectives for the PPE item(s) within its 

area of jurisdiction. 

1. Objectives 

(1) Optimize the timely production of 

sufficient quantities of PPE to reduce 

loss of life and transmission of the 

COVID–19 virus. 

(2) Ensure PPE is distributed 

effectively across the whole community 

nationally based on risk. 

(3) Balance restoration and 

maintenance of the nation’s stockpile of 

PPE with near-term requirements. 

(4) Establish a process for FEMA 

Allocation of PPE nationwide. 

(5) Ensure ongoing competition in the 

manufacture and distribution of PPE to 

the greatest extent possible under the 

DPA. 

2. Actions 

Sub-Committee Participants may be 

asked to support these objectives by 

taking the following specific actions: 

(1) Assist the Chairperson in 

identifying which types of critical PPE 

should be included within each SubCommittee. Identification will be based 

upon each item’s importance to the 

national response to COVID–19 and 

whether it can be reasonably inferred, 

based upon the best evidence available, 

that that current and projected supply 

measured against current and projected 

demand may not adequately meet the 

PPE requirements to all identified EndUsers or regional or geographic areas of 

the country as result of measures taken 

to respond to COVID–19. 

(2) Provide input to the Chairperson 

in creating a prioritized list of PPE EndUsers by categories for each type of 

critical PPE identified by each SubCommittee, and ascertaining the relative 

demand and supply of PPE among and 

within those End User categories. 

Prioritization shall be decided by the 

Chairperson, based upon each item’s 

importance, reflecting the consensus 

views of the Sub-Committee Members 

that it represents the most effective way 

to save lives and prevent the 

transmission of the COVID–19 virus. 

This list may be updated throughout the 

life of the Plan of Action based upon 

either short term or long-term demands. 

These categories should be considered 

holistically in terms of the Whole-ofNation response to COVID–19. 

(3) Evaluate the domestic supply of 

PPE and identify when the expansion of 

the domestic manufacture of PPE may 

be necessary, as directed and decided by 

the Chairperson. 

(4) Provide information, assist, and 

validate, as necessary as decided by the 

Chairperson, demand projections for 

PPE. 

(5) Create a process for and 

collaborate in the evaluation of 

competing claims for PPE from EndUsers. 

(6) Prepare a general strategy to 

accomplish the activities listed in 

V(A)(2)(7) below regarding activities in 

Exigent Circumstances consistent with 

the decisions made by the Chairperson. 

(7) In Exigent Circumstances, with 

review and concurrence in all possible 

instances by DOJ in consultation with 

FTC: 

• Facilitate maximum availability of 

PPE to the nation or particular 

geographies by deconflicting 

overlapping demands from the 

collective Participants’ customer base, 

as directed and decided by the 

Chairperson. 

• Facilitate maximum availability of 

PPE to the nation or particular 

geographies by deconflicting 

overlapping supply chain demands 

placed upon Members, as directed and 

decided by the Chairperson. 

• Facilitate the efficient distribution 

of PPE by deconflicting overlapping 

distribution chain activities of Members, 

as directed and decided by the 

Chairperson. 

• Create a process for and collaborate 

in the Allocation of PPE nationwide or 

in particular geographies consistent 

with the decisions made by the 

Chairperson. 

• Create a process for and collaborate 

in meeting any other exigent 

requirements throughout the nation or 

particular geographies consistent with 

the overall strategy prepared by this 

Sub-Committee. 

(8) Provide data and information 

necessary to validate the efforts of the 

Sub-Committee including the actual and 

planned amounts of PPE to be 

distributed throughout the Nation, as 

determined by the Chairperson. 

(9) Provide feedback to the SubCommittee on the outcomes of the 

collective efforts of the Sub-Committee 

Members and any impediments or 

bottlenecks. 

(10) Advise the Chairperson whether 

additional Participants or Attendees 

should be invited to join this Plan of 

Action and Sub-Committee. 

(11) Carry out other activities 

regarding critical PPE as identified by 

Sub-Committees under this Plan as 

determined and directed by the 

Chairperson necessary to address the 

COVID–19 virus’ direct threat to the 

national defense, where such activities 

have been reviewed and approved by 

DOJ and FTC and received concurrence 

from Sub-Committee members. 

B. Information Management and 

Responsibilities 

FEMA will request only that data and 

information from Sub-Committee 

Participants that is necessary to meet 

the objectives of the Plan and consistent 

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79026 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 

Committees. Upon signing a Plan of 

Action Agreement for this Plan, FEMA 

requests that Participants endeavor to 

cooperate with diligence and speed, and 

to the extent permissible under this 

Plan, and share with FEMA data and 

information necessary to meet the 

objectives of this Plan. 

Sub-Committee Participants agree to 

share with FEMA the following data 

with diligence and speed, to the extent 

permissible under this Plan, and abide 

by the following guidelines, where 

feasible and consistent with the data 

that is owned by each Sub-Committee 

Participant: 

(1) In general, Participants will not be 

asked to share Competitively Sensitive 

Information directly with other 

Participants. 

(2) FEMA will only request direct 

sharing of Competitively Sensitive 

Information among Participants during 

Exigent Circumstances where there is a 

mission critical need or timeline such 

that sharing only through FEMA is 

impractical or threatens the outcome of 

the Plan or Sub-Committee action. Such 

requests, if made, will be only among 

Participants whose participation is 

necessary to meet the objectives of the 

Plan, will be limited in scope to the 

greatest extent possible, and will be 

shared only pursuant to safeguards 

subject to prior review and audit by DOJ 

and FTC. Direct sharing of 

Competitively Sensitive Information 

with other Participants will be limited 

in scope and circumstances to the 

greatest extent possible. Participants 

may not share Competitively Sensitive 

Information directly with other 

Participants unless specifically 

requested by FEMA, in consultation 

with DOJ and FTC. All Competitively 

Sensitive Information delivered to 

FEMA or to another Sub-Committee 

Participant shall be delivered by secure 

means, for example, password-protected 

or encrypted electronic files or drives 

with the password/key delivered by 

separate communication or method or 

via upload to an appropriately secure 

web portal as directed by FEMA. All 

data delivered to the web portal 

designated by FEMA is deemed to be 

Competitively Sensitive Information. 

(3) To allow FEMA to identify and 

appropriately protect documents 

containing Competitively Sensitive 

Information by the Sub-Committee 

Participant providing the documents, 

the Sub-Committee Participant will 

make good faith efforts to designate any 

Competitively Sensitive Information by 

placing restrictive markings on 

documents and things considered to be 

competitively sensitive, the restrictive 

markings being sufficiently clear in 

wording and visibility to indicate the 

restricted nature of the data. The SubCommittee Participant will identify 

Competitively Sensitive Information 

that is disclosed verbally by oral 

warning. Information designated as 

competitively sensitive will, to the 

extent allowed by law, be presumed to 

constitute trade secrets, or commercial 

or financial information, and be 

provided by the Sub-Committee 

Participant to FEMA with the 

expectation that it will be kept 

confidential by both parties, as such 

terms are understood in accordance 

with 5 U.S.C. 552(b)(4) of the Freedom 

of Information Act and federal judicial 

interpretations of this statute. FEMA 

agrees that to the extent any information 

designated as competitively sensitive by 

a Sub-Committee Participant is 

responsive to a request for disclosure 

under the Freedom of Information Act, 

FEMA will consult with the SubCommittee Participant and afford the 

Participant ten (10) working days to 

object to any disclosure by FEMA. 

(4) FEMA will make good faith efforts 

to appropriately recognize unmarked 

Documents containing Competitively 

Sensitive Information as Competitively 

Sensitive Information. However, FEMA 

cannot guarantee that all unmarked 

Documents will be recognized as being 

Competitively Sensitive Information 

and protected from disclosure to third 

parties. If the unmarked Documents 

have not been disclosed without 

restriction outside of FEMA, the SubCommittee Participant may retroactively 

request to have appropriate designations 

placed on the Documents. If the 

unmarked Documents have been 

disclosed without restriction outside of 

FEMA, FEMA will, to the extent 

practicable, remove any requested 

information from public forums 

controlled by FEMA and will work 

promptly to request that a receiving 

party return or destroy disclosed 

unmarked Documents if requested by 

the Sub-Committee Participant. 

(5) Competitively Sensitive 

Information may be used by FEMA, 

alone or in combination with additional 

information, including Documents and 

Competitively Sensitive Information 

received from third parties, to support 

FEMA’s implementation of this Plan of 

Action as determined by the 

Chairperson. In all situations, FEMA 

will aggregate and anonymize 

Competitively Sensitive Information to 

the greatest extent possible to protect 

the interests retained by the owners of 

the data while still allowing the 

objectives of the Plan of Action and 

Sub-Committee to be achieved. To the 

greatest extent possible, such 

aggregation will render the 

competitively sensitive nature of the 

Competitively Sensitive Information of 

the Sub-Committee Participant no 

longer recognizable in a commercially 

sensitive manner, and without sufficient 

information to enable, by inference or 

otherwise, attribution to Sub-Committee 

Participant or its affiliates (as clearly 

identified and disclosed to FEMA). Any 

disclosure of Competitively Sensitive 

Information by FEMA, within or outside 

a Sub-Committee, will be subject to 

review and approval by DOJ and FTC. 

(6) Except as otherwise expressly 

permitted by applicable federal law, 

FEMA shall not disclose any 

Competitively Sensitive Information or 

use any Competitively Sensitive 

Information for any purpose other than 

in connection with the purposes of this 

Plan of Action, and FEMA will not sell 

any Competitively Sensitive Information 

of any Sub-Committee Participant. 

(7) Except as described below, FEMA 

may disclose Competitively Sensitive 

Information only to its employees, 

officers, directors, contractors, agents, 

and advisors (including attorneys, 

accountants, consultants, and financial 

advisors). Any individual with access to 

Competitively Sensitive Information 

will be expected to comply with the 

terms of this Plan of Action. 

a. Information Sharing within the 

Sub-Committee: FEMA may share 

Competitively Sensitive Information 

with Sub-Committee Participants and 

Federal Representatives of the Plan of 

Action, and their respective employees, 

officers, directors, contractors, agents, 

and advisors (including attorneys, 

accountants, consultants, and financial 

advisors) where there is a need to know 

and where disclosure is reasonably 

necessary in furtherance of 

implementing the Plan of Action. FEMA 

will aggregate and anonymize data prior 

to sharing with the Sub-Committee 

Participants to the greatest extent 

possible while still allowing the 

objectives of the Plan of Action to be 

achieved, and will not share data— 

particularly to competitors of the 

submitter—prior to consultation with 

and approval by the DOJ and FTC. 

i. Sub-Committee Participants, when 

providing Competitively Sensitive 

Information to FEMA, may request that 

this Information not be shared with 

other Sub-Committee Participants. 

Where these requests are made in good 

faith and are reasonable in nature, 

FEMA will respect these requests to the 

greatest extent possible and will consult 

the owner of the data prior to any 

release made to Sub-Committee 

Participants. 


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Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 79027 

b. Restricted Reports. FEMA may 

communicate Competitively Sensitive 

Information to appropriate government 

officials through Restricted Reports. The 

information contained in Restricted 

Reports shall be aggregated and 

anonymized to the greatest extent 

possible, while recognizing that these 

officials may need a certain amount of 

granularity and specificity of 

information to appropriately respond to 

COVID–19. FEMA will aim to aggregate 

data to the County level, and will not 

share Restricted Reports prior to 

consultation and approval from the DOJ 

and FTC. FEMA may disclose Restricted 

Reports to relevant White House and 

Administration officials and State 

Governors, and their respective 

employees, officers, directors, 

contractors, agents, and advisors 

(including attorneys, accountants, 

consultants, and financial advisors) who 

have a need to know and to whom such 

disclosure is reasonably necessary 

solely in furtherance of the 

implementation of this Plan of Action. 

FEMA shall take appropriate action (by 

instructions, agreement, or otherwise) to 

ensure that receiving parties comply 

with all data-sharing confidentiality and 

obligations under this Plan of Action as 

if such persons or entities had been 

parties to this Plan of Action. 

c. Public Reports. FEMA may share 

information with the public through 

Public Reports. Data contained in Public 

Reports shall be fully aggregated and 

anonymized. Public Reports shall be 

aggregated to at least a state level and 

may be publicly disclosed after 

consultation and approval from the DOJ 

and FTC. 

(8) Where possible and not obviated 

by Exigent Circumstances, FEMA will 

notify Sub-Committee Participants prior 

to the release of any Competitively 

Sensitive Information that has not been 

fully aggregated and anonymized. In 

consultation with DOJ and FTC, FEMA 

will consider any good-faith requests 

made by Sub-Committee members to 

hold the release of data or requests for 

further aggregation or anonymization. In 

general, FEMA will not provide 

notification prior to the release of Public 

Reports, under the presumption that the 

data in these reports has already been 

fully anonymized and de-identified. 

(9) Any party receiving Competitively 

Sensitive Information through this Plan 

shall use such information solely for the 

purposes outlined in the Plan and take 

steps, such as imposing previously 

approved firewalls or tracking usage, to 

prevent misuse of the information. 

Disclosure and use of Competitively 

Sensitive Information will be limited to 

the greatest extent possible, and any 

party receiving Competitively Sensitive 

Information shall follow the procedures 

outlined in paragraph 7 above. 

(10) At the conclusion of a 

Participant’s involvement in a Plan— 

due to the deactivation of the Plan or 

due to the Participant’s withdrawal or 

removal—each Participant will be 

requested to sequester any and all 

Competitively Sensitive Information 

received through participation in the 

Plan. This sequestration shall include 

the deletion of all Competitively 

Sensitive Information unless required to 

be kept pursuant to the Record Keeping 

requirements as described supra, 

Section I, 44 CFR part 332, or any other 

provision of law. 

C. Oversight 

Each Sub-Committee Chairperson is 

responsible for ensuring that the 

Attorney General, or suitable delegate(s) 

from the DOJ, and the FTC Chairman, or 

suitable delegate(s) from the FTC, have 

awareness of activities under this Plan, 

including activation, deactivation, and 

scheduling of meetings. The Attorney 

General, the FTC Chairman, or their 

delegates may attend Sub-Committee 

meetings and request to be apprised of 

any activities taken in accordance with 

activities under this Plan. DOJ or FTC 

Representatives may request and review 

any proposed action by the SubCommittee or Sub-Committee 

Participants undertaken pursuant to this 

Plan, including the provision of data. If 

any DOJ or FTC Representative believes 

any actions proposed or taken are not 

consistent with relevant antitrust 

protections provided by the DPA, he or 

she shall provide warning and guidance 

to the Sub-Committee as soon as the 

potential issue is identified. If questions 

arise about the antitrust protections 

applicable to any particular action, 

FEMA may request DOJ, in consultation 

with the FTC, provide an opinion on the 

legality of the action under relevant 

DPA antitrust protections. 

VI. Establishment of the SubCommittees 

This Plan establishes Sub-Committees 

to implement the Plan to Establish a 

National Strategy for the Manufacture, 

Allocation, and Distribution of Personal 

Protective Equipment (PPE) to Respond 

to COVID–19 to provide the Federal 

Government and the Participants a 

forum to maximize the manufacture and 

efficient distribution of selected types of 

critical PPE and to create a prioritization 

protocol based upon identified types of 

PPE End-Users and their demonstrated 

or projected requirements, and 

demonstrated or projected geographic 

and regional areas of need. The outcome 

should include a framework to 

expeditiously meet any PPE needs in 

Exigent Circumstances anywhere in the 

Nation, and to ensure that actions to 

support PPE stockpiling and reserves do 

not interfere with immediate 

requirements that would result in an 

unacceptable risk to healthcare 

providers or other potential PPE 

recipients. A Sub-Committee 

Chairperson designated by the 

Chairperson will convene and preside 

over each Sub-Committee. SubCommittees will not be used for contract 

negotiations or contract discussions 

between the Participants and the 

Federal Government; such negotiations 

or discussions will be in accordance 

with applicable federal contracting 

policies and procedures. However, this 

shall not limit any discussion within a 

Sub-Committee about the operational 

utilization of existing and potential 

contracts between the Participants and 

Representatives when seeking to align 

their use with overall manufacturing 

and distribution efforts consistent with 

this Plan. 

Each Sub-Committee will consist of 

designated Representatives from FEMA, 

HHS, other federal agencies with 

equities in this Plan, and each SubCommittee Participant. The Attorney 

General and Chairman of the FTC, or 

their delegates, may also join each SubCommittee and attend meetings at their 

discretion. Attendees may also be 

invited at the discretion of a SubCommittee Chairperson as subject 

matter experts, to provide technical 

advice, or to represent other government 

agencies, but will not be considered part 

of the Sub-Committee. 

To the extent necessary to respond to 

the Pandemic, only at the explicit 

direction of a Sub-Committee 

Chairperson, and subject to the 

provisions of Section V(B), SubCommittee Members may be asked to 

provide technical advice, share 

information, help identify and validate 

places and resources of the greatest 

need, help project future manufacturing 

and distribution demands, assist in 

identifying and resolving the allocation 

of scarce resources amongst all 

necessary public and private sector 

domestic needs under Exigent 

Circumstances, and take any other 

necessary actions to maximize the 

timely manufacture and distribution of 

PPE as determined necessary by FEMA 

to respond to the Pandemic. A SubCommittee Chairperson or his or her 

designee, at the Sub-Committee 

Chairperson’s sole discretion, will make 

decisions on these issues in order to 

ensure the maximum efficiency and 

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79028 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 

Committee Member’s resources. All 

Sub-Committee Participants will be 

invited to open Sub-Committee 

meetings. For selected Sub-Committee 

meetings, attendance may be limited to 

designated Sub-Committee Participants 

to meet specific operational 

requirements, as determined by FEMA. 

Each Sub-Committee Chairperson 

shall notify the Attorney General, the 

Chairman of the FTC, Representatives, 

and Participants of the time, place, and 

nature of each meeting and of the 

proposed agenda of each meeting to be 

held to carry out this Plan of Action. 

Additionally, each Sub-Committee 

Chairperson shall provide for 

publication in the Federal Register of a 

notice of the time, place, and nature of 

each meeting. If a meeting is open, a 

Federal Register notice will be 

published reasonably in advance of the 

meeting. A Sub-Committee Chairman 

may restrict attendance at meetings only 

on the grounds outlined by 44 CFR 

332.5(c)(1)–(3). If a meeting is closed, a 

Federal Register notice will be 

published within ten (10) days of the 

meeting and will include the reasons 

why the meeting is closed pursuant to 

44 CFR 332.3(c)(2). 

The Sub-Committee Chairperson shall 

establish the agenda for each meeting, 

be responsible for adherence to the 

agenda, and provide for a written 

summary or other record of each 

meeting and provide copies of 

transcripts or other records to FEMA, 

the Attorney General, the Chairman of 

the FTC, and all Sub-Committee 

Participants. The Chairperson shall take 

necessary actions to protect from public 

disclosure any data discussed with or 

obtained from Sub-Committee 

Participants which a Sub-Committee 

Participant has identified as a trade 

secret or as privileged and confidential 

in accordance with DPA sections 

708(h)(3) and 705(d), or which qualifies 

for withholding under 44 CFR 332.5. 

VII. Application and Agreement 

The Sub-Committee Participant 

identified below hereby agrees to join in 

the Federal Emergency Management 

Agency sponsored Plan of Action to 

Establish a National Strategy for the 

Manufacture, Allocation, and 

Distribution of Personal Protective 

Equipment (PPE) under the Voluntary 

Agreement for the Manufacture and 

Distribution of Healthcare Resources 

Necessary to Respond to a Pandemic 

and to become a Participant in one or 

more Sub-Committees established by 

this Plan. This Plan will be published in 

the Federal Register. This Plan is 

authorized under section 708 of the 

Defense Production Act of 1950, as 

amended. Regulations governing the 

Voluntary Agreement for the 

Manufacture and Distribution for the 

Manufacture and Distribution of 

Healthcare Resources Necessary to 

Respond to a Pandemic and all 

subsequent Plans of Action appear at 44 

CFR part 332. The applicant, as a SubCommittee Participant, agrees to comply 

with the provisions of section 708 of the 

Defense Production Act of 1950, as 

amended, the regulations at 44 CFR part 

332, and the terms of this Plan. 

VIII. Assignment 

No Sub-Committee Participant may 

assign or transfer this Plan, in whole or 

in part, or any protections, rights or 

obligations hereunder without the prior 

written consent of the Sub-Committee 

Chairperson. When requested, the SubCommittee Chairperson will respond to 

written requests for consent within 10 

(ten) business days of receipt. 

lllllllllllllllllll

(Company name) 

lllllllllllllllllll

(Name of authorized representative) 

lllllllllllllllllll

(Signature of authorized representative) 

lllllllllllllllllll

(Date) 

lllllllllllllllllll

Sub-Committee Chairperson 

lllllllllllllllllll

(Date) 

Pete Gaynor, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2020–26986 Filed 12–7–20; 8:45 am] 

BILLING CODE 9111–19–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[OMB Control Number 1615–0035] 

Agency Information Collection 

Activities; Extension, Without Change, 

of a Currently Approved Collection; 

Application To Adjust Status From 

Temporary to Permanent Resident 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: 30-Day notice. 

SUMMARY: The Department of Homeland 

Security (DHS), U.S. Citizenship and 

Immigration Services (USCIS) will be 

submitting the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995. The purpose of this notice is to 

allow an additional 30 days for public 

comments. 

DATES: Comments are encouraged and 

will be accepted until January 7, 2021. 

ADDRESSES: Written comments and/or 

suggestions regarding the item(s) 

contained in this notice, especially 

regarding the estimated public burden 

and associated response time, must be 

submitted via the Federal eRulemaking 

Portal website at http://

www.regulations.gov under e-Docket ID 

number USCIS–2008–0019. All 

submissions received must include the 

OMB Control Number 1615–0035 in the 

body of the letter, the agency name and 

Docket ID USCIS–2008–0019. 

FOR FURTHER INFORMATION CONTACT: 

USCIS, Office of Policy and Strategy, 

Regulatory Coordination Division, 

Samantha Deshommes, Chief, 

Telephone number (240) 721–3000 

(This is not a toll-free number; 

comments are not accepted via 

telephone message.). Please note contact 

information provided here is solely for 

questions regarding this notice. It is not 

for individual case status inquiries. 

Applicants seeking information about 

the status of their individual cases can 

check Case Status Online, available at 

the USCIS website at http://

www.uscis.gov, or call the USCIS 

Contact Center at (800) 375–5283; TTY 

(800) 767–1833. 

SUPPLEMENTARY INFORMATION: 

Comments 

The information collection notice was 

previously published in the Federal 

Register on August 07, 2020, at 85 FR 

47979, allowing for a 60-day public 

comment period. USCIS did receive one 

comment in connection with the 60-day 

notice. 

You may access the information 

collection instrument with instructions, 

or additional information by visiting the 

Federal eRulemaking Portal site at: 

http://www.regulations.gov and enter 

USCIS–2008–0019 in the search box. 

The comments submitted to USCIS via 

this method are visible to the Office of 

Management and Budget and comply 

with the requirements of 5 CFR 

1320.12(c). All submissions will be 

posted, without change, to the Federal 

eRulemaking Portal at http://

www.regulations.gov, and will include 

any personal information you provide. 

Therefore, submitting this information 

makes it public. You may wish to 

consider limiting the amount of 

personal information that you provide 

in any voluntary submission you make 


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