83830 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations 

of their children; family functioning, 

disposable income or poverty; or the 

behavior and personal responsibility of 

youth, as determined under section 

654(c) of the Treasury and General 

Government Appropriations Act of 

1999. 

Paperwork Reduction Act of 1995 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that OMB 

approve all collections of information 

by a federal agency from the public 

before they can be implemented. This 

rule is projected to have no impact on 

current reporting and recordkeeping 

burden for health centers. This rule 

would result in no new reporting 

burdens. HHS welcomed but did not 

receive comments that this rule would 

result in new reporting burdens for 

health centers. 

List of Subjects in 42 CFR Part 51c 

Grant programs—Health, Health care, 

Health facilities, Reporting and 

recordkeeping requirements. 

Dated: December 16, 2020. 

Thomas J. Engels, 

Administrator, Health Resources and Services 

Administration. 

Dated: December 17, 2020. 

Alex M. Azar II, 

Secretary, Department of Health and Human 

Services. 

Accordingly, by the authority vested 

in me as the Secretary of Health and 

Human Services, and for the reasons set 

forth in the preamble, 42 Code of 

Federal Regulations Part 51c is amended 

as follows: 

PART 51c—GRANTS FOR 

COMMUNITY HEALTH CENTERS 

■ 1. The authority statement for part 51c 

is revised to read as follows: 

Authority: 42 U.S.C. 254b (Sec. 330, Public 

Health Service Act); 42 U.S.C. 216 (Sec. 215, 

Public Health Service Act,). 

■ 2. Section 51c.303 is amended by 

adding paragraph (w) to read as follows: 

§ 51c.303 Project elements. 

* * * * * 

(w)(1) Provision. To the extent that an 

applicant for funding under Section 

330(e) of the Public Health Service Act 

(42 U.S.C. 254b(e)) has indicated that it 

plans to distribute, either directly, or 

through a written agreement, drugs 

purchased through the 340B Drug 

Pricing Program (42 U.S.C. 256b), and to 

the extent that such applicant plans to 

make insulin and/or injectable 

epinephrine available to its patients, the 

applicant shall provide an assurance 

that it has established practices to 

provide insulin and injectable 

epinephrine at or below the discounted 

price paid by the health center grantee 

or subgrantee under the 340B Drug 

Pricing Program (plus a minimal 

administration fee) to health center 

patients with low incomes, as 

determined by the Secretary, who have 

a high cost sharing requirement for 

either insulin or injectable epinephrine; 

have a high unmet deductible; or have 

no health insurance. 

(2) Definitions. For purposes of this 

paragraph (w) exclusively: 

(i) Established practices. The health 

center has written policies, procedures, 

and/or other relevant documents that it 

has established practices to offer insulin 

and injectable epinephrine at no more 

than the discounted price paid by the 

health center under the 340B Drug 

Pricing Program plus a minimal 

administration fee. Such established 

practices may reflect that provision of 

insulin and injectable epinephrine at or 

below the 340B discounted price is 

subject to potential restrictions through 

contracts with third-party payors. 

(ii) Health center grantee or 

subgrantee. Organizations receiving an 

award under section 330(e) of the PHS 

Act (i.e., health centers) directly or as 

subgrantees of section 330(e) grant 

funding. 

(iii) Minimal administration fee. The 

minimal administration fee includes 

any dispensing fee, counseling costs, 

and any other charges associated with 

the patient receiving the medication. 

The administration fee may not create a 

barrier to low-income health center 

patients accessing these drugs, and 

health centers should make every 

reasonable effort to keep the fee as low 

as possible. Health centers may refer to 

the Medicaid dispensing fee in their 

state as a reference for minimal 

administration fees. When there is a 

separate fee associated with provision of 

the pharmaceutical service, such as a 

dispensing fee, health centers must 

apply a sliding fee discount to that fee. 

(iv) Individuals with low incomes. 

Individuals and families with annual 

incomes no greater than 350 percent of 

the Federal Poverty Guidelines. 

(v) High cost sharing requirement. A 

cost sharing requirement that exceeds 

twenty percent of the amount the health 

center charges its patients for the drug 

is a high cost sharing requirement. Cost 

sharing refers to a patient’s out-ofpocket costs, including, but not limited 

to, deductibles, coinsurance, and 

copayments, or similar charges. 

(vi) High deductible. High deductible 

refers to a deductible amount that is not 

less than the amount required for a high 

deductible health plan as defined in 

section 223(c)(2)(A) of the Internal 

Revenue Code, as implemented by the 

Internal Revenue Service. 

(vii) High unmet deductible. High 

unmet deductible refers to the amount 

a patient owes toward their high 

deductible at any time during a plan 

year in which the outstanding 

deductible portion exceeds 20 percent 

of the total deductible for the plan year. 

(viii) Health insurance. Health 

insurance refers to private insurance, 

State and exchange plans, employerfunded plans, and coverage under titles 

XVIII, XIX, and XXI of the Social 

Security Act. 

(ix) ‘‘Patient.’’ an individual is not be 

considered a ‘‘patient’’ of the health 

center if the only health care service 

received by the individual from the 

health center is the dispensing of a drug 

or drugs for subsequent selfadministration or administration in the 

home setting. 

[FR Doc. 2020–28483 Filed 12–22–20; 8:45 am] 

BILLING CODE 4165–15–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1002 

[Docket No. EP 758] 

Filing Fee Waiver Requests 

AGENCY: Surface Transportation Board. 

ACTION: Final rule. 

SUMMARY: The Surface Transportation 

Board (Board or STB) clarifies and 

updates its rules regarding requests to 

waive or reduce certain filing fees. 

DATES: This rule is effective on January 

22, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jonathon Binet at (202) 245–0368. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: The 

Independent Offices Appropriations Act 

(IOAA), codified at 31 U.S.C. 9701, 

provides that each service of value 

provided by an agency to a person 

(except those on official business of the 

U.S. Government) shall be selfsustaining to the extent possible and, 

accordingly, permits agencies to 

establish fees for services provided by 

the agency. The Office of Management 

and Budget (OMB) subsequently 

established a policy of full cost recovery 

for government services under which 

agencies must assess and collect user 

fees. OMB Circular A–25, User Charges 

(July 8, 1993). Under these authorities, 

the Board’s predecessor—the Interstate 

Commerce Commission (ICC)—adopted 


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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations 83831 

1For purposes of section 1002.2(e)(1), the phrases 

‘‘federal government agency’’ or ‘‘government 

entity’’ do not include a quasi-governmental entity 

or government-subsidized transportation company. 

The Board has indicated that a quasi-governmental 

entity can include a public service corporation. See 

Reguls. Governing Fees for Servs. Performed in 

Connection with Licensing & Related Servs.—Pol’y 

Statement, 5 S.T.B. 352, 354–55 (2000). 

2The fee waiver for federal government agencies, 

which is based on the IOAA’s waiver for persons 

on official business of the United States 

Government, will continue to apply. Reguls. 

Governing Fees for Serv., 5 S.T.B. at 353. 

3This process is only used in limited 

circumstances where it is clear that the governmententity applicant qualifies for a waiver of the fee 

(e.g., when a government entity requests to extend 

a negotiating period under a notice of interim trail 

use or abandonment). 

4Pursuant to 49 CFR 1104.12(d), service of 

decisions and other Board issuances as appropriate 

will be made by electronic means except in the case 

of paper filers that have not consented to e-service, 

in which case service upon that recipient will be 

made by mail. 

the fee structure at 49 CFR 1002.2 to 

‘‘cover all the [agency’s] expenses, 

including administrative expenses.’’ See 

Crystal City R.R.—Aban. Exemption—in 

LaSalle, Zavala, & Dimmit Cntys., Tex., 

AB 427X et al., slip op. at 2 (ICC served 

Aug. 22, 1995). 

The Board’s regulations also provide 

for waiver or reduction of filing fees in 

certain limited circumstances. Under 49 

CFR 1002.2(e)(1), the Board’s filing fees 

generally are waived for filings made by 

a federal government agency or a state 

or local government entity.1

Additionally, in ‘‘extraordinary 

situations,’’ a filing fee may be waived 

or reduced if the applicant shows that 

the waiver or reduction is in the best 

interest of the public or that payment of 

the fee would impose an undue 

hardship on the requestor. 49 CFR 

1002.2(e)(2)(ii). 

In 2000, the Board issued a policy 

statement that clarified its anticipated 

approach to fee waivers in several 

respects. Reguls. Governing Fees for 

Serv. 5 S.T.B. 352 (2000). As relevant 

here, the Board clarified that for state 

and local government entities, fees 

would be assessed pursuant to section 

1002.2 ‘‘to any entity (a state or local 

governmental entity, a quasigovernmental entity, or a governmentsubsidized transportation company) that 

owns or proposes to own a carrier, or 

that is a shipper, and comes before the 

Board in that capacity. . . . The fee 

waiver will be available to a state or 

local government entity that is not 

acting in the capacity of a carrier or 

shipper.’’ 5 S.T.B. at 355. The Board 

also stated that ‘‘[f]ees will also be 

assessed to quasi-governmental 

corporations or government-subsidized 

transportation companies for any filing 

submitted for which there is a fee.’’ Id. 

The Board has determined that it is 

appropriate to clarify its regulations and 

codify certain existing policies and 

practices to promote transparency and 

assist stakeholders who are considering 

requesting a waiver or reduction of 

filing fees. The Board will amend 49 

CFR 1002.2(e)(1) to provide, consistent 

with Regulations Governing Fees for 

Services, that the fee waiver for 

government entities is not available to 

(1) quasi-governmental entities or 

government-subsidized transportation 

companies, or (2) any state and local 

government entity that is acting in the 

capacity of a carrier or shipper, or any 

such entity that owns or proposes to 

own a carrier and is before the agency 

in its proprietary role. As explained in 

Regulations Governing Fees for Services, 

when government entities are acting in 

a commercial capacity, they should be 

treated the same as any other entity that 

acts in a commercial capacity for 

purposes of fee waivers. 5 S.T.B. at 354– 

55.2 This approach balances Congress’ 

policy that agencies provide services in 

a manner that is ‘‘self-sustaining to the 

extent possible’’ through collection of 

fees, 31 U.S.C. 9701(a), with the 

agency’s longstanding view that 

government entities should not 

generally be charged fees when the 

benefits of their actions flow to the 

general public. See 5 S.T.B. at 354–55. 

The Board will also clarify in section 

1002.2(e)(1) and (e)(2) how applicants 

for fee waivers or reductions will be 

notified of decisions on their requests, 

consistent with the Board’s existing 

practices. In certain circumstances 

when a fee waiver request is granted 

under section 1002.2(e)(1) during the 

processing of the filing, the filing will be 

stamped ‘‘Filing Fee Waived’’ and 

posted in the public docket, and the 

Board need not provide any further 

notice to the applicant that the fee 

waiver request was granted.3 In all other 

circumstances, if a request for a fee 

waiver or reduction is granted or denied 

under either section 1002.2(e)(1) or 

(e)(2), the Board, through the Chief of 

the Section of Administration in the 

Office of Proceedings, will notify the 

applicant by letter.4

Additionally, the Board has held that 

third parties lack any legal interest in, 

and therefore cannot challenge or 

appeal, the grant or denial of a fee 

waiver or reduction request. Hartwell 

First United Methodist Church— 

Adverse Aban. & Discontinuance— 

Great Walton R.R., AB 1242 (STB served 

June 2, 2017). The Board will codify that 

principle by amending 49 CFR 1002.2(e) 

to provide that third-party appeals of fee 

waiver or reduction decisions are not 

permitted. 

Finally, the Board will amend the 

language in 49 CFR 1002.2(e) to 

consistently refer to the entity seeking a 

fee waiver or reduction as the ‘‘fee 

waiver applicant.’’ 

Administrative Procedure Act 

Under the Administrative Procedure 

Act (APA), the public generally may 

participate in the promulgation of rules 

through a notice and comment period. 

5 U.S.C. 553(b) & (c). However, an 

agency may publish ‘‘rules of agency 

organization, procedure, or practice’’ in 

final form without notice and comment. 

See 5 U.S.C. 553(b)(3)(A). Because the 

Board has determined that these 

updates to its regulations relate to 

agency organization, practice, and 

procedure, the Board finds that notice 

and public comment on these changes is 

unnecessary. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 601–612, generally 

requires an agency to prepare a 

regulatory flexibility analysis of any 

rules subject to notice-and-comment 

rulemaking requirements, unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Because the Board has determined that 

notice and comment are not required 

under the APA for these rulemakings, 

the requirements of the RFA do not 

apply. 

Paperwork Reduction Act 

These final rules do not require a new 

or amended information collection 

under the Paperwork Reduction Act of 

1995, 44 U.S.C. 3501–3521. 

Congressional Review Act 

The Board has determined that this 

action is not a rule as defined by the 

Congressional Review Act, 5 U.S.C. 

804(3). 

List of Subjects in 49 CFR Part 1002 

Administrative Practice and 

procedure, Common carriers, Freedom 

of information. 

It is ordered: 

1. The Board adopts the final rules as 

set forth in this decision. Notice of the 

adopted rules will be published in the 

Federal Register. 

2. This decision is effective on 

January 22, 2021. 

Decided: December 17, 2020. 


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83832 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations 

By the Board, Board Members Begeman, 

Fuchs, and Oberman. 

Jeffrey Herzig, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, the Surface Transportation 

Board amends part 1002 of title 49, 

chapter X, of the Code of Federal 

Regulations as follows: 

PART 1002—FEES 

■ 1. The authority citation for part 1002 

continues to read as follows: 

Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B), 

and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321. 

■ 2. Amend § 1002.2 by revising 

paragraphs (e)(1), (e)(2)(i), (ii), and (iii) 

and adding paragraph (e)(3) to read as 

follows: 

§ 1002.2 Filing fees. 

* * * * * 

(e) * * * 

(1) Except as noted in this paragraph 

(e)(1), filing fees are waived for an 

application, petition, notice, tariff, 

contract summary, or other document 

that is filed by a federal government 

agency or a state or local government 

entity. A fee waiver is not available 

under this paragraph for a quasigovernmental entity or governmentsubsidized transportation company. A 

fee waiver is also not available to any 

state or local government entity that is 

acting in the capacity of a carrier or 

shipper or that owns or proposes to own 

a carrier and is before the agency in its 

proprietary role. 

(i) When to request. At the time that 

a filing is submitted to the Board, the fee 

waiver applicant may request a waiver 

of the fee prescribed in this part. Such 

request should be addressed to the 

Chief, Section of Administration, Office 

of Proceedings, Surface Transportation 

Board. 

(ii) Board action. The Board will 

either stamp the relevant filing with the 

notation ‘‘Filing Fee Waived,’’ or the fee 

waiver applicant will be notified of the 

decision to grant or deny the request for 

waiver by the Chief, Section of 

Administration, Office of Proceedings. 

(2) * * * 

(i) When to request. At the time that 

a filing is submitted to the Board, the fee 

waiver applicant may request a waiver 

or reduction of the fee prescribed in this 

part. Such request should be addressed 

to the Chief, Section of Administration, 

Office of Proceedings. 

(ii) Basis. The fee waiver applicant 

must show the waiver or reduction of 

the fee is in the best interest of the 

public, or that payment of the fee would 

impose an undue hardship on the fee 

waiver applicant. 

(iii) Board action. The Chief, Section 

of Administration, Office of Proceedings 

will notify the fee waiver applicant of 

the decision to grant or deny the request 

for waiver or reduction. 

(3) Review. No third-party appeals of 

fee waiver or reduction decisions are 

permitted. 

* * * * * 

[FR Doc. 2020–28408 Filed 12–22–20; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02; RTID 

0648–XA699] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS is transferring 19.5 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) from the 28.9-mt General category 

December 2021 subquota to the January 

through March 2021 subquota period. 

This action is based on consideration of 

the regulatory determination criteria 

regarding inseason adjustments and 

applies to Atlantic tunas General 

category (commercial) permitted vessels 

and Atlantic Highly Migratory Species 

(HMS) Charter/Headboat category 

vessels with a commercial sale 

endorsement when fishing 

commercially for BFT. 

DATES: Effective January 1, 2021, 

through March 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin, sarah.mclaughlin@

noaa.gov, 978–281–9260, Nicholas 

Velseboer, nicholas.velseboer@

noaa.gov, or Larry Redd, larry.redd@

noaa.gov, 301–427–8503. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

Atlantic HMS Fishery Management Plan 

(2006 Consolidated HMS FMP) (71 FR 

58058, October 2, 2006) and 

amendments. NMFS is required under 

ATCA and the Magnuson-Stevens Act to 

provide U.S. fishing vessels with a 

reasonable opportunity to harvest the 

ICCAT-recommended quota. 

The current baseline General and 

Reserve category quotas are 555.7 mt 

and 29.5 mt, respectively. See 

§ 635.27(a). Each of the General category 

time periods (January through March, 

June through August, September, 

October through November, and 

December) is allocated a ‘‘subquota’’ or 

portion of the annual General category 

quota. The baseline subquotas for each 

time period are as follows: 29.5 mt for 

January through March; 277.9 mt for 

June through August; 147.3 mt for 

September; 72.2 mt for October through 

November; and 28.9 mt for December. 

Any unused General category quota 

rolls forward from one time period to 

the next and is available for use in 

subsequent time periods. 

Transfer of 19.5 mt From the December 

2021 Subquota to the January Through 

March 2021 Subquota 

Under § 635.27(a)(9), NMFS has the 

authority to transfer quota among 

fishing categories or subcategories, after 

considering regulatory determination 

criteria provided under § 635.27(a)(8). 

NMFS has considered all of the relevant 

determination criteria and their 

applicability to this inseason quota 

transfer. These considerations include, 

but are not limited to, the following: 

Regarding the usefulness of 

information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)), biological 

samples collected from BFT landed by 

General category fishermen and 

provided by BFT dealers provide 

valuable data for ongoing scientific 

studies of BFT age and growth, 

migration, and reproductive status. 

Additional opportunity to land BFT, 

and potentially over a greater portion of 

the January through March time period, 

would support the continued collection 

of a broad range of data for these studies 

and for stock monitoring purposes. 

NMFS also considered the catches of 

the General category quota to date 

(including in December 2020 and during 

the winter fishery in the last several 

years), and the likelihood of closure of 

that segment of the fishery if no 

adjustment is made (§ 635.27(a)(8)(ii) 


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