Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 80149 

SUMMARY: The Bureau of Reclamation is 

announcing the interest rate to be used 

by Federal agencies in the formulation 

and evaluation of plans for water and 

related land resources is 2.50 percent for 

fiscal year 2021. The prior year’s rate, as 

announced in the Federal Register on 

December 17, 2019, was 2.75 percent for 

fiscal year 2020. 

DATES: This discount rate is to be used 

for the period October 1, 2020, through 

and including September 30, 2021. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Fernando Castro-Alvarez, Bureau of 

Reclamation, Reclamation Law 

Administration Division, P.O. Box 

25007, Denver, Colorado 80225; 

telephone 303–445–2821. 

SUPPLEMENTARY INFORMATION: The Water 

Resources Planning Act of 1965 and the 

Water Resources Development Act of 

1974 require an annual determination of 

a discount rate for Federal water 

resources planning. The discount rate 

for Federal water resources planning for 

fiscal year 2021 is 2.50 percent. 

Discounting is to be used to convert 

future monetary values to present 

values. 

This rate has been computed in 

accordance with Section 80(a), Public 

Law 93–251 (88 Stat. 34), and 18 CFR 

704.39, which: (1) Specify that the rate 

will be based upon the average yield 

during The preceding fiscal year on 

interest-bearing marketable securities of 

the United States which, at the time the 

computation is made, have terms of 15 

years or more remaining to maturity 

(average yield is rounded to nearest oneeighth percent); and (2) provide that the 

rate will not be raised or lowered more 

than one-quarter of 1 percent for any 

year. The U.S. Department of the 

Treasury calculated the specified 

average to be 1.5730 percent. In 

accordance with the Water Resource 

Council Rules and Regulations, the 

maximum adjustment allowed for the 

current fiscal year rate is one-quarter of 

one percentage point from the previous 

fiscal year rate, which was 2.75 percent. 

Therefore, the fiscal year 2021 rate is 

2.50 percent. 

The rate of 2.50 percent will be used 

by all Federal agencies in the 

formulation and evaluation of water and 

related land resources plans for the 

purpose of discounting future benefits 

and computing costs or otherwise 

converting benefits and costs to a 

common-time basis. 

Signed: 

Christopher J. Beardsley, 

Director, Policy and Programs. 

[FR Doc. 2020–27294 Filed 12–10–20; 8:45 am] 

BILLING CODE 4332–90–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

[EEEE500000 21XE1700DX 

EX1SF0000.EAQ000] 

Leaders in Advancing Safety and 

Environmental Stewardship 

AGENCY: Bureau of Safety and 

Environmental Enforcement, Interior. 

ACTION: Notice. 

SUMMARY: The Bureau of Safety and 

Environmental Enforcement (BSEE) 

developed objective, qualitative and 

quantifiable criteria to create a ‘‘Leaders 

in Advancing Safety and Environmental 

Stewardship’’ Recognition Program to 

recognize operators who demonstrate 

exemplary operating performance or 

sustained safety and environmental 

stewardship improvements on their 

Outer Continental Shelf (OCS) oil and 

gas facilities, including support vessels, 

and leadership within the industry 

regarding operational safety and 

environmental performance. BSEE’s 

process for identifying ‘‘Leaders in 

Advancing Safety and Environmental 

Stewardship’’ is consistent with BSEE’s 

inspection programs, regulations, and 

Notice to Operators and Lessees (NTL) 

No. 2008–N02, Outer Continental Shelf 

(OCS) Inspection Program. The 

‘‘Leaders in Advancing Safety and 

Environmental Stewardship’’ 

Recognition Program will recognize 

OCS operators demonstrating high 

levels of operational safety, sustained 

safety improvement, or industry 

leadership on operational safety issues. 

The primary objective of the 

Recognition Program is to drive OCS 

operators to significantly improve safety 

and environmental prioritization, 

culture, and performance on OCS 

facilities and to encourage them to 

become leaders in industry regarding 

operational safety and environmental 

issues. Another objective is to create a 

platform through which BSEE can 

educate the public regarding the fact 

that OCS operators can conduct 

complex and high-risk operations on 

OCS oil and gas facilities in a way that 

is safe for personnel, the public, and the 

environment. 

DATES: This notice will become effective 

on December 11, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Jason Mathews, Bureau of Safety and 

Environmental Enforcement, Chief, 

Safety Improvement Branch, (504) 731– 

1496, or by email: jason.mathews@

bsee.gov. 

SUPPLEMENTARY INFORMATION: 

Each year, BSEE Gulf of Mexico and 

Pacific Regions conduct Annual 

Performance Reviews (APRs) of OCS 

operators. The APRs consist of a review 

of the following: 

• The operator’s compliance history, 

as reflected in findings from the BSEE 

Inspection Program; 

• The operator’s safety record as it 

relates to incidents; 

• Any action that BSEE has 

forwarded to the BSEE Safety 

Enforcement Division (SED) for review 

for potential assessment of a civil 

penalty; and, 

• The results of the most recent 

internal and regulatory audits of the 

operator’s Safety and Environmental 

Management System (SEMS) program. 

BSEE will use the information 

gathered during the APRs to provide 

factual bases for determining eligibility 

for operator recognition. 

For an OCS operator to qualify for 

consideration as a Leader in Advancing 

Safety and Environmental Stewardship, 

the operator must have either: 

1. An Injury/Illness Combined Rate 

(total recordables) less than the OCS 

average for the prior reporting year, or 

2. Demonstrate two or more 

consecutive years of improvement of its 

Injury/Illness Combined Rate. 

In addition, the OCS operator’s 

operations for the reporting must not 

have included any of the following: 

• Fatality; 

• Incident with ≥ 3 injuries; 

• Major pollution incidents; 

• Major Fire/Explosion; 

• ≥ 3 Incidents of Noncompliance 

(INCs) forwarded for civil penalty cases 

or $1 million in cumulative proposed 

fines; 

• Loss of Well Control; (not to 

include shallow water flow) 

• ≥ 3 Facilities on Increased 

Oversight List; 

• Order to perform an additional 

Directed SEMS Audit; or, 

• A sustained environmental 

compliance record <90 percent with 

assigned environmental mitigation 

measures and similar regulatory 

requirements; or, 

• Placement on a Performance 

Improvement Plan. 

If an OCS operator is disqualified by 

any of the factors above, BSEE may 

reconsider the operator for potential 

recognition if the issue(s) is satisfied 

prior to March 31st of the following 

year. 

For OCS operators that meet the 

requirements above, BSEE will also look 

at how those operators are providing 

leadership within the industry regarding 

operational safety. BSEE will consider 

whether the OCS operator is offering 


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80150 Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices 

industry advice and details on steps it 

has taken that have resulted in 

significant improvement to its safety 

performance, and leadership positions it 

has taken within industry organizations, 

such as the American Petroleum 

Institute (API), the Offshore Operators 

Committee (OOC), or The Center for 

Offshore Safety (COS), with a focus on 

advancing safety. Similarly, BSEE will 

also assess how operators are providing 

guidance and supporting environmental 

research, mitigation assessments, and 

project validation of pollution 

prevention, spill preparedness/ 

response, and environmental 

compliance efforts, which not only 

benefit their operations and stewardship 

culture, but every partner in the OCS 

energy program. 

Environmental stewardship 

components that BSEE will consider 

include: 

• A sustained compliance record (≤ 

90-percent) with assigned 

environmental mitigation measures and 

similar regulatory requirements, as 

confirmed by office and field 

verification; 

• Participation and leadership with 

critical Joint Industry Project (JIP) efforts 

and within environmental and/or 

pollution prevention-focused 

workgroups and teams; 

• Response preparedness and 

planning assessments; 

• Non-compulsory enhancements and 

innovation above and beyond standard 

pollution prevention requirements; and 

• Repeated (100-percent) appropriate 

and constructive response on corrective/ 

remedial actions associated with all 

noncompliance issues. 

For information on the ‘‘Leaders in 

Advancing Safety and Environmental 

Stewardship’’ Recognition Program or 

the submission of comments, the public 

should contact Mr. Jason Mathews, 

Chief, Safety Improvement Branch, 

Regional Field Operations (GE 1073E), 

BSEE, Gulf of Mexico OCS Region, 1201 

Elmwood Park Boulevard, New Orleans, 

Louisiana 70123–2394, (504) 731–1496. 

BSEE will implement this program in 

2021, with qualifying OCS operators 

recognized in 2022 for their 2020 and 

2021 calendar year performance. BSEE 

will initiate performance reviews 

beginning in January 2021 and January 

2022, and all OCS operators who meet 

the minimum requirements and are 

selected by BSEE for recognition, will be 

identified by April-May 2022. 

Casey Hammond, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

[FR Doc. 2020–27237 Filed 12–10–20; 8:45 am] 

BILLING CODE 4310–VH–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1088 

(Rescission)] 

Certain Road Construction Machines 

and Components Thereof; 

Commission Decision to Institute a 

Rescission Proceeding; Permanent 

Rescission of a Seizure and Forfeiture 

Order; Termination of the Rescission 

Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

a proceeding to determine whether to 

permanently rescind the Commission’s 

seizure and forfeiture order (‘‘SFO’’) of 

January 14, 2020 (corrected January 23, 

2020) issued against Wirtgen America, 

Inc. (‘‘Wirtgen America’’). The SFO is 

permanently rescinded. The rescission 

proceeding is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Houda Morad, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–4716. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at https:// 

edis.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on November 29, 2017, based on a 

complaint, as supplemented, filed by 

Caterpillar Inc. of Peoria, Illinois and 

Caterpillar Paving Products, Inc. of 

Minneapolis, Minnesota (collectively, 

‘‘Caterpillar’’). See 82FR 56625–26 (Nov. 

29, 2017). The complaint, as 

supplemented, alleges violations of 

section 337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337) (‘‘section 

337’’), based upon the importation into 

the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain road construction machines and 

components thereof by reason of 

infringement of certain claims of U.S. 

Patent Nos. 7,140,693 (‘‘the ’693 

patent’’); 9,045,871; and 7,641,419. See 

id. The notice of investigation identifies 

the following respondents: Wirtgen 

GmbH of Windhagen, Germany; Joseph 

Vo ̈gele AG of Ludwigshafen, Germany; 

Wirtgen Group Holding GmbH of 

Windhagen, Germany; and Wirtgen 

America of Antioch, Tennessee 

(collectively, ‘‘Wirtgen’’). See id. The 

Office of Unfair Import Investigations is 

not a party to this investigation. See id. 

On June 27, 2019, the Commission 

found a violation of section 337 in the 

above-identified investigation based on 

the infringement of claim 19 of the ’693 

patent and issued a limited exclusion 

order against the infringing articles and 

a cease and desist order (collectively, 

‘‘the remedial orders’’) against Wirtgen 

America. The United States Customs 

and Border Protection (‘‘Customs’’) 

subsequently excluded six Wirtgen 

redesigned series 1810 machines in 

December 2019. Based on such 

exclusion, the Commission issued the 

subject SFO on January 14, 2020 

(corrected January 23, 2020). On March 

13, 2020, Wirtgen filed an appeal from 

the SFO (‘‘the SFO appeal’’) to the U.S. 

Court of Appeals for the Federal Circuit 

(‘‘Federal Circuit’’). 

On January 30, 2020, Wirtgen filed a 

civil action against Customs and related 

U.S. government parties (collectively, 

‘‘the U.S. government’’) in the U.S. 

Court of International Trade (‘‘CIT’’) 

under 28 U.S.C. 1581(a) and (i). The 

Commission moved to intervene to 

contest the CIT’s exercise of 

jurisdiction, and the CIT denied the 

Commission’s motion. The CIT 

exercised jurisdiction under section 

1581(a) over the U.S. government’s 

objections and granted summary 

judgment for Wirtgen as to the excluded 

entries of the redesigned machines at 

issue. The CIT also ordered Customs to 

release the machines for entry into the 

United States no later than Thursday, 

May 21, 2020. On July 14, 2020, the U.S. 

government appealed the CIT’s decision 

to the Federal Circuit (‘‘the CIT 

appeal’’). 

On May 21, 2020, arguing that the 

predicate for the SFO had been 

invalidated by the CIT, Wirtgen filed an 

emergency motion to stay or temporarily 

rescind the SFO pending resolution of 

any CIT appeal. On June 10, 2020, the 

Commission determined to deny 

Wirtgen’s motion to stay, but granted 

Wirtgen’s motion for temporary 

rescission of the SFO, thus temporarily 

suspending the SFO until such time as 

the CIT’s decision is modified, stayed, 

or overturned. On June 15, 2020, the 


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